Agenda item

Proposal: Proposed residential dwelling and stable with car port and associated landscaping

Location: Land between Witham Grange and Cleeve Acre, Witham on the Hill

Recommendation: To authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions

Proposal: Proposed residential dwelling and stable with car port and associated landscaping

Location: Land between Witham Grange and Cleeve Acre

Witham on the Hill

Recommendation: To authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions

 

Noting comments in the public speaking session by:

 

Witham on the Hill Parish Council             Mr Charles Henrique (Chairman)

Against                                                       Mike Sibthorpe

Applicant and Agent                                  Simon Thompson & Michael Orridge

 

 

Together with:

 

·       Provisions within South Kesteven Local Plan 2011-2036, Design Guidelines Supplementary Planning Document and National Planning Policy Framework.

·       Comments received from SKDC Environmental Protection.

·       Comments received from Cadent Gas.

·       Comments received from Anglian Water.

·       Comments received from Witham on the Hill Parish Council.

·       Comments received from SKDC Conservation Officer.

·       Comments received from Lincolnshire County Council (Highways and SuDS).

 

The following comments were made by the public speaker:

 

·       The Parish Council provided their objections to the application as they felt as if the proposed application had not changed from the previously effused application.

·       It was noted the land was not owned by the applicant.

·       Concern was raised that the application may encourage further development, which the Parish Council objected to.

·       That the previous application was refused on policy grounds being located outside the main built-up part of the village.

·       That the application proposed was around 50² metres larger and 11 metres wider than the previously refused dwelling. However, the proposed height was lower, but the overall massing of the building had increased.

·       Concern was raised around the loss of the footpath if the development was approved.

 

·       The Applicant informed the Committee their intention was to emulate the historic design character of the village.

 

·       It was noted that there had been no objections from Highways.

 

·       That the dwelling was in a well contained edge of village location and sat between 2 existing dwellings.

 

·       The site would implement air source heat pumps and EV charging points where necessary.

 

During questions to Public Speakers, Members commented on the following:

 

·       Clarification was sought around a neighbouring property (Clear Acre) that had previously been refused planning permission on the request the height was raised.

·       Members sought further clarification on comments made by the speaker around the accessibility of the site. 

 

(Councillor Vanessa Smith joined the meeting at 14:09, however, did not participate in the debate or vote for this application).

 

·       A query was raised on why the speaker felt a precedent would be set on further development. It was noted the statement from the Parish Council stated the site was an ‘infill’ site between existing properties.

 

The Public Speaker felt the precedent would be set due to the land being greenfield and being protected by planning policies. It was felt there was no demonstrable need for development and the approval for this application would potentially encourage further applications to be brought forward.

 

·       One Member queried the concerns raised from neighbours in relation to the stables on the proposed site.

 

The stable building was within proximity to the boundary of a neighbouring property (Witham Grange).

 

·       In relation to the stable block, further concern was raised on horse boxes accessing the stable and travelling down the roads to access the site.

·       The main objections to the proposal were queried.

 

The objector confirmed the main concerns were based around principle of development of the site and the impact on the character of the site.

 

·       A query was raised on whether the Applicant intended on making improvements to the access road.

 

The Applicant confirmed he track was subject to ongoing maintenance from people who own the properties or the surrounding land.

 

·       Whether there was clear evidence to prove the site was in fact an ‘infill’ site.

 

In terms of the Council’s policies, the application sat between SP3 and SP4 and sat more within an SP4 site, however, because of the tilted balance, some weight could be attributed between SP3 and SP4.

 

During questions to officers and debate, Members commented on the following:

 

The Principal Development Management Planner clarified a distinction between a definition of ‘infill’ in terms of planning and the additional criteria included within the Council’s spatial policies.

 

·       Whether the application was in fact a ‘linear creep’ rather than an ‘infill’.

 

It was highlighted that the proposal was outside of the built up area of the village, however, there were existing properties nearby to the proposed site.

 

·       One Member queried what weight should be given to the ‘infill’ site and the nearby properties.

 

The Principal Development Management Planner reiterated there was a change to the site as a setting, however, Officers did not believe they were harmful.

 

Officers felt the change of design mitigated the development, so it did not cause harm. Moreover, the previous refusal of the application could be used as a material consideration.

 

·       It was noted a nearby property (The Grange) was a replacement for an original building that already had a property. This part of land had never had building development on and had always been open green field.

·       Further concern was raised on the stable block, the no provision of paddock and how horses would be transported in and out of the site.

 

It was clarified that Highways had not objected to the application and no evidence had been submitted to suggest there was not any issues with movement of horse boxes. The stables and paddock would form part of another application; however, this application was set as being for domestic personal purpose only.

 

·       One Member noted the tilted balance required harms to be identified and quantified, however, could not see them within the report.

·       Members discussed the previous reasons for refusal and how the proposed development had changed.

·       Whether the footpath was officially diverted or moved.

 

It was confirmed the footpath had not been diverted and did not inhibit the actual legal alignment of the footpath.

 

An ecology report had previously taken place, however, no evidence of great importance was found. Any protected species were covered under the Wildlife and Countryside Act and therefore it was a criminal offence to cause any danger or harm to the species and their habitats.

 

·       Concern was made around the sensitivity and impact on the conservation area on this village and other small villages in general.

·       It was requested a condition be implemented on the stable block, that it remained ancillary and any further applications come back to Committee as change of use.

 

Final decision

 

It was proposed, seconded and AGREED to authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions:

 

Time Limit for Commencement

 

 1       The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

         

          Reason: In order that the development is commenced in a timely manner, as set out in Section 91 of the Town and Country Planning Act 1990 (as amended).

 

Approved Plans

 

 2       The development hereby permitted shall be carried out in accordance with the following list of approved plans:

         

          i.         Site Location and Block Plans, drawing ref. J2092-PL-01 Rev P01 (received 14/04/25)

          ii.        Proposed Site Plan, drawing ref. J2092-PL-02 Rev P04 (received 16/10/25)

          iii.       Proposed Dwelling Floor Plans, drawing ref. J2092-PL-10 Rev P01 (received 14/04/25

          iv.      Proposed Dwelling Elevations North and South, drawing ref. J2092-PL-11 Rev P02 (received 03/11/25)         

v.       Proposed Dwelling Elevations East and West, drawing ref. J2092-PL-12 Rev P01 (received 14/04/25)

          vi.      Garage / Stable Plans, drawing ref. J2092-PL-20 Rev P01 (received 14/04/25)

          vii.     Garage / Stable Elevations, drawing ref. J2092-PL-21 Rev P01 (received 14/04/25)

         

          Unless otherwise required by another condition of this permission.

              

          Reason: To define the permission and for the avoidance of doubt.

 

 

During Building Works

 

 

3        Before any construction work above ground is commenced, an Arboricultural Assessment, Tree Protection Plan and Arboricultural Method Statement shall have been submitted to and approved in writing by the Local Planning Authority.

         

Reason: Trees make an important contribution to the development site, character of the local area, and Conservation Area, in accordance with Policy EN1, EN2 and SP6 of the adopted South Kesteven Local Plan.

 

 

 4       Before any construction work above ground is commenced, details of hard landscaping works shall have been submitted to and approved in writing by the Local Planning Authority. Details shall include:

         

          i.         proposed finished levels and contours;

          ii.        means of enclosure;

          iii.       car parking layouts;

          iv.       other vehicle and pedestrian access and circulation areas;

          v.        hard surfacing materials;

          vi.       minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.);

          vii.      proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.);

          viii.     retained historic landscape features and proposals for restoration, where relevant.

         

          Reason: Hard landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

 5       Before any construction work above ground is commenced, details of any soft landscaping works shall have been submitted to and approved in writing by the Local Planning Authority. Details shall include:

         

          i.         planting plans;

          ii.        written specifications (including cultivation and other operations associated with plant and grass establishment);

          iii.       schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

         

          Reason: Soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policies DE1, EN3 and OS1 of the adopted South Kesteven Local Plan.

 

 6       Before construction of any building hereby permitted is commenced, the land on which that building is situated shall have been graded in accordance with the approved land levels details.

         

          Reason: In the interests of the visual amenities of the area and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

 

Before the Development is Occupied

 

 

7        Before any part of the development hereby permitted is occupied/brought into use, the external elevations shall have been completed using only the materials stated in the planning application forms unless otherwise agreed in writing by the Local Planning Authority.

                    

          Reason: To ensure a satisfactory appearance to the development and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

 

 8       Before any part of the development hereby permitted is occupied/brought into use, all hard landscape works shall have been carried out in accordance with the approved hard landscaping details.

         

          Reason: Hard landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

9        Before the end of the first planting/seeding season following the occupation/first use of any part of the development hereby permitted, all soft landscape works shall have been carried out in accordance with the approved soft landscaping details.

         

          Reason: Soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policies DE1, EN3 and OS1 of the adopted South Kesteven Local Plan.

 

10       The approved sustainable building measures shall be completed in full, in accordance with the agreed scheme, prior to the first occupation of the dwelling hereby permitted.

          Reason: To ensure the development mitigates and adapts to climate change in accordance with Local Plan Policy SB1.

 

Ongoing Conditions

 

11       Within a period of five years from the first occupation of the final dwelling/unit of the development hereby permitted, any trees or plants provided as part of the approved soft landscaping scheme, that die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced in the first planting season following any such loss with a specimen of the same size and species as was approved in condition above unless otherwise agreed by the Local Planning Authority.

         

          Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs and in accordance with Policies DE1, EN3 and OS1 of the adopted South Kesteven Local Plan.

 

12       Notwithstanding the provisions of Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no enlargement, improvement or other alteration to the property other than those expressly authorised by this permission shall be carried out without Planning Permission first having been granted by the Local Planning Authority.

         

          Reason: To safeguard the amenities of the occupiers of nearby properties.

 

13       Notwithstanding the provisions of Schedule 2, Part 1, Class E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no building, enclosure, swimming or other pool or container used for domestic heating purposes shall be constructed within the curtilage of the dwellinghouse without Planning Permission first having been granted by the Local Planning Authority.

         

          Reason: The Local Planning Authority considers that further development could cause detriment to the amenities of the occupiers of nearby properties or to the character of the area, and for this reason would wish to control any future development and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

14       Notwithstanding the provisions of Schedule 2, Part 2, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no gate, fence, wall or other means of enclosure shall be constructed within or on the boundary of the curtilage of the site without Planning Permission first having been granted by the Local Planning Authority.

         

          Reason: The Local Planning Authority considers that further development could cause detriment to the amenities of the occupiers of nearby properties or to the character of the area, and for this reason would wish to control any future development and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

 

15       The development hereby approved must only be occupied as a self-build dwelling as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015.

           

          Reason: To ensure that the exemption from Biodiversity Net Gain is correctly secured.

 

16       The Stable building hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling and shall not be commercially occupied.

 

Reason: In the interests of residential amenity in accordance with Policy DE1 of the South Kesteven Local Plan.

 

(Councillor Tim Harrison left the meeting and did not return).