Agenda item

Proposal: Section 73 application to vary Condition 13 (Off-site highways works) of planning permission S24/1297

Location: Land to the north of Longcliffe Road, Grantham

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

 

Proposal: Section 73 application to vary Condition 13 (Off-site highways works) of planning permission S24/1297

Location: Land to the north of Longcliffe Road, Grantham

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

 

Noting comments in the public speaking session by:

 

For                                                        George Wilkinson (Planning Manager from Allison Homes)

 

Together with: 

 

·       Provisions within SKDC Local Plan 2011-2036, Design Guidelines Supplementary Planning Document and National Planning Policy Framework (NPPF).

·       Comments received from Great Gonerby Parish Council.

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

·       No comments received from National Highways.

 

The following comments were made by the public speaker:

 

·       The application was for a variation of condition 13.

·       It was noted that traffic lights and signage had been agreed by Lincolnshire County Council (Highways).

·       Anglian Water had delayed works that were due to commence on 2 February 2026, these had been pushed back to the end of May 2026.

·       There had been no objections from Lincolnshire County Council (Highways) and a transport statement had been provided.

·       It was highlighted that highway footpaths and drive had been completed.

 

During questions to the public speaker, Members commented on the following:

 

·       A query was raised on whether 13 of the properties were occupied. The condition stated that no houses could be occupied until the junction works had taken place meaning the condition had been breached.

 

The Public Speaker clarified that prior to the S278 agreement being in place, informal discussions had taken place with the Council and Lincolnshire County Council before a formal application was submitted. The site currently had 10 occupations on site as of September 2025. Since further analysis of the S278 agreement, no further properties had been occupied.

 

·       A query was raised on how many properties were complete and ready to sell.

 

It was confirmed that the site had 60 occupations and whilst the works are complete, there would be no breach of condition. By June 2026, the site would be around 50 occupations. The earliest that the properties could be occupied is mid-March 2026.

 

·       Whether the properties were social or public housing.

 

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

 

·       One Member questioned whether any record of the discussions had been documented, as they could not be seen in the report.

 

 

The Principal Development Management Planner clarified that the Council, Lincolnshire County Council and Alison Homes were notified of the likely breach of condition. The critical point for the Planning Authority was to determine whether it was expedient to take action and the likelihood of harm arising.

 

An informal conversation took place with Lincolnshire County Council about whether 60 occupations would be harmful to the junction in terms of capacity. They had informally confirmed that capacity would not be an issue, subject to evidence through the modelling as part of the transport assessment.

 

The Development Management and Enforcement Manager noted the application was a form of enforcement action. An alternative approach may have been to not submit a retrospective application and for the Applicants to allow 60 occupations on the site. This was a voluntary application from the developer.

 

·       Clarification was sought on how conditions can be enforced in future rather than being brought to Committee retrospectively. 

 

Any occupation of the site as it stands would be a breach of condition. Notwithstanding that, discussions had taken place on whether occupations were to take place, what the potential impact of that would be. Comments provided to Committee were from the Local Highways Authority’s assessment of the potential impact.

 

The Assistant Director of Planning and Growth outlined that rules are not always followed correctly in terms of breaches of conditions. The Council cannot stop an Applicant breaking rules ahead of time, however, they can proactively enforce after the event of the breach.

 

·       One Member queried who was responsible for the junction works being compliant.

 

It was confirmed Lincolnshire County Council (Highways) were responsible for the junction works and they were beginning on 2 February 2026.

 

·       Whether a condition could be imposed to stop the occupancy going over 60 to provide reassurance to the Committee.

 

 The wording of condition 14 states specifically no more than 60 dwellings shall be occupied.  

 

·       Clarification was sought on the original application that Lincolnshire County Council submitted and reasons for them requesting no occupations and what had changed since then.

 

The transport assessment was completed and the application originated to when the Longcliffe Road access was removed from the proposal. The scheme was assessed on the impact on the Belton Lane A607 junction based on 0 occupations, 180 occupations, 330 occupations and 440 occupations. The modelling at that point showed that at zero occupations, the junction would still operate within capacity, but at 180 occupation it would operate at over capacity.

 

Following this assessment, a condition was imposed that prior to any occupation, the junction works must be completed. Without the modelling, Lincolnshire County Council were unable to specify the exact number of occupations that would make the junction over capacity.

 

·       The Committee as a whole were frustrated that the application was retrospective. The developer had breached a condition, and the Committee requested this be noted.

 

Final decision

 

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

 

Approved Plans

1.    The development hereby permitted shall be carried out in accordance with the following plans and documents:

1.    Design Code and Masterplan (Allison Homes Limited) (Dated July 2018); and

Any plans granted as part of the reserved matters permission(s) approved pursuant to planning permission S15/3189 or subsequent variations approved thereafter; and

For the avoidance of doubt, the development hereby permitted shall have vehicular access from Belton Lane and Rosedale Drive only.

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

          During Building Works

2.    The development hereby permitted shall be carried out in accordance with the approved Arboricultural Method Statement, unless otherwise agreed in writing by the Local Planning Authority:

1.    Arboricultural Method Statement (Nicholsons) (Ref: 18-0635/Rev 4)

2.    Tree Protection Plan (Ref: 3764/35/180637/V4)

No works shall be permitted within the tree protection areas, including:

1.    The removal of earth

2.    The storage of materials

3.    Any vehicular movements (including parking); and / or

4.    The siting of any temporary buildings.

Reason: To prevent unnecessary damage to existing trees and in accordance with Policy EN2 (Protecting Biodiversity and Geodiversity) of the adopted South Kesteven Local Plan.

3.    All construction works shall be completed in accordance with the approved Construction Management Plan (Ref: L052-CMP-PH1-01/Rev B) and Traffic Management Plan (Allison Homes) (received 01 August 2024) approved under application ref: S24/0977, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of safety and free passage of those using the highway; and to ensure that the permitted development does not give rise to any unacceptable adverse impacts on neighbouring residential amenities during the construction period in accordance with Policy EN4 (Pollution Control) of the adopted South Kesteven Local Plan.

4.    The development hereby permitted shall be undertaken in accordance with the Phasing Parameters Plan (Ref: L171/Phasing/01/Rev A) and Phasing Plan and Timetable document (April 2024/V1), unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of ensuring the timely provision of each element of the approved development.

          Before the Development is Occupied

5.    No dwellings shall be occupied until the drainage works have been implemented in accordance with the foul water drainage strategy approved under application ref: S24/0977, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the provision of satisfactory foul water drainage in accordance with Policy EN5 (Water Environment and Flood Risk Management) of the adopted South Kesteven Local Plan.

6.    No building hereby permitted shall be occupied until the sustainable drainage system of the site has been completed in accordance with the details approved under application ref: S24/0977, unless otherwise agreed in writing by the Local Planning Authority.

Thereafter, the sustainable drainage scheme shall be managed and maintained in accordance with the approved management and maintenance plan.

Reason: To ensure the provision of satisfactory surface water drainage in accordance with Policy EN5 (Water Environment and Flood Risk Management) of the adopted South Kesteven Local Plan.

7.    No part of the non-residential elements (school, commercial and neighbourhood centre) of the approved development shall be occupied until Travel Plan(s) have been submitted to, and approved in writing by the Local Planning Authority. These Travel Plan(s) shall only relate to non-residential buildings, including the school, commercial buildings and neighbourhood centre.

Thereafter, an annual staff survey shall be submitted to the Local Planning Authority that will provide details of the implementation of the Travel Plan for a period of 10 years following the completion and first occupation of the building(s) to which they relate. The occupies shall ensure that travel arrangements are fulfilled in accordance with the Travel Plan(s), unless the Local Planning Authority provides written approval to any variation to the submitted details.

Reason: In order that the permitted development conforms to the requirements of the National Planning Policy Framework by ensuring that access to the site is sustainable and that there is reduced dependency on the private car for journeys to and from the site.

8.    No building or part of the site shall be occupied or otherwise brought into use until the means of access thereto has been constructed to at least base course level in accordance with the details approved under application ref: S24/977, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of safety and to avoid the creation of pedestrian trip hazards and vehicular hazards that may arise due to an extended period of dissimilar construction levels.

9.    No building, other than those within Phase 1A, shall be occupied until a scheme for the provision of fire hydrants to serve that phase of the development – in which the subject building is located – has been submitted to and approved in writing by the Local Planning Authority.

Thereafter, the fire hydrant(s) serving each phase of the development shall be installed and retained as approved.

Reason: In the interests of the safety of the occupiers / users of the permitted development.

10.Before each building within Phase 1A of the development hereby permitted is occupied, the fire hydrant(s) serving that dwelling shall be installed in accordance with the details approved under planning application ref: S25/0813, and shall be retained for the lifetime of the development.

Reason: In the interests of the safety of the occupiers / users of the permitted development.

11.No dwelling(s) within the approved development shall be occupied until any bus stop(s) within that phase have been provided. The bus stop(s) shall comprise raised kerbs, bus stop poles with timetable casings / flags and dropped crossing points with tactile paving.

Thereafter, the bus stop(s) shall be retained in perpetuity.

Reason: In order that the permitted development conforms to the requirements of the National Planning Policy Framework by ensuring that access to the site is sustainable and that there is reduced dependency on the private car for journeys to and from the site; and to ensure the necessary active travel modes are implemented in a timely manner.

12.No more than 50 dwellings hereby permitted shall be occupied until the bus stop improvements have been completed in accordance with the details approved under planning application ref: S25/0813.

Reason: In order that the permitted development conforms to the requirements of the National Planning Policy Framework by ensuring that access to the site is sustainable and that there is reduced dependency on the private car for journeys to and from the site; and to ensure that the necessary upgrades to the local highways network is implemented in a timely manner in order to mitigate the additional movements generated by this development.

13.No more than 60 dwellings hereby permitted shall be occupied before the works to improve the public highway be means of signalising the A607 / Belton Lane junction, as shown indicatively on drawing ref: 14227-WIE-ZZ-XX-DR-C-951255/Rev A02 have been certified complete by the Local Planning Authority.

Reason: To ensure the provision of safe and adequate means of access to the permitted development.

14.No part of the development hereby permitted shall be occupied before a safe and suitable pedestrian access is provided within the development and connected to existing pedestrian facilities on Rosedale Drive, and certified complete by the Local Planning Authority.

Reason: To ensure the provision of a safe and adequate means of access to the permitted development.

          Ongoing Conditions

15.The total number of dwellings to be constructed on the application site shall not exceed 480 in total.

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

16.No buildings within the development shall be constructed in the area above the 65 metre contour line, as shown on the Illustrative Masterplan (Ref: EMS.2490_101G)/

Reason: Development above this line would give rise to unacceptable impacts on the landscape and to the setting of the nearby heritage assets; and to ensure compliance with Policy EN1 (Landscape Character) and Policy EN6 (The Historic Environment) of the adopted South Kesteven Local Plan.

17.Each dwelling within Phase 1A of the approved Phasing Plan (Ref: L171/Phasing/01/Rev A) shall not be occupied until the noise mitigation measures detailed in the Noise Impact Assessment (Ref: DC4717-NR1/V2) (as applicable) have been completed.

Thereafter, the acoustic mitigation measures shall be maintained and retained in full for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To mitigate any noise impacts to dwellings resulting from the neighbouring railway line and to comply with Policy EN4 (Pollution Control) of the adopted South Kesteven Local Plan.

18.The gross internal floor area of the retail use (for all uses falling within Use Class E(a) of the Town and Country Planning (Use Classes) Order 1987 (as amended), or any Order revoking or re-enacting that Order (with or without modification), within the proposed Neighbourhood Centre shall not exceed 630 square metres, and the largest of those units shall not exceed 390 sq. metres at any time.

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

19.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any Order revoking or re-enacting any such Order with or without modification), the non-residential part of the proposed Neighbourhood Centre shall not be used for any purpose other than those falling within Class E (Part A, B, C, E and F only), Class F1 or Class F2 (Part A only), or as a public house, wine bar or drinking establishment, or drinking establishment with expanded food provision; or hot food takeaway; unless planning permission for a new use of the premises has been granted by the Local Planning Authority.

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

20.No more than 300 dwellings shall be occupied before the proposed Neighbourhood Centre is completed and available for occupation.

Reason: To ensure the timely implementation of local facilities to serve the residents of the proposed development.

21.If within a period of five year 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, they shall be replanted in the first planting season following any such loss with a specimen of the same size and species, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscaping in accordance with the approved details; and in accordance with Policy DE1 (Promoting Good Quality Design) and Policy EN2 (Protecting Biodiversity and Geodiversity) of the adopted South Kesteven Local Plan.

22.Following first occupation of the final dwelling hereby permitted, the Landscape and Environmental Management Plan approved under application ref: S25/0813 shall be adhered to in full, unless otherwise agreed in writing by the Local Planning Authority.

Reason: Soft landscaping makes 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.