JJ1 S07/0583/69 Date Received: 30-Apr-2007

Applicant The Muir Group Housing Association Ltd Stable Court, Ferrars Road, Huntingdon, PE29 3DH Agent Julie Robinson, The Robert Doughty Consultancy Ltd 32, High Street, Helpringham, Sleaford, Lincs, NG34 0RA Proposal Erection of 7 dwellings (affordable housing) Location (r/o 6-12 Somerby Close), off Green Lane, Stamford

Site Details Parish(es) Stamford Radon Area - Protection required Airfield Zone - No consultation required Cottesmore/Wittering (refuse tips only) Drainage - Welland and Nene NATS Consultation - (Windfarms Only)-WF1

REPORT

Representations Received:

Town Council:

The Committee objects to this application for the following reasons:

• The access road is extremely narrow and passing space is minimal. • Access is at a junction noted as an accident black spot, which is close to a local school and church.

A site visit is recommended.

Local Highway Authority:

"Visibility from the proposed point of access onto Green Lane is substantially below requirements due to the existing carriageway alignment and surrounding boundaries. The access also emerges onto the junction hence the conflict in this area together with the lack of visibility, especially near a school would be detrimental to highway safety.

The proposed layout and number of dwellings served does not comply with the Lincolnshire Design Guide for Residential Areas, adopted as supplementary planning guidance.

With regards to the internal entrance this does also not meet standards in respect of design and safety therein. The internal ‘S’ bends are too tight and would not permit a refuse vehicle to manoeuvre safely, also there will be conflict of passing cars in this area. Vehicles parked near this ‘S’ bend will also be in conflict when manoeuvring with vehicles travelling on the carriageway.

Due to the above it is considered the internal layout would be detrimental to pedestrian and highway safety".

Community Archaeologist: The proposed development does not affect any known archaeological sites.

Partnership and Projects Officer:

"Please find below my comments on the above site providing affordable housing in Stamford. The site provides 7 affordable housing units being developed by Muir Group Housing Association one of South Kesteven District Council's preferred Registered Social Landlords. As a preferred partner they are signed up to the formal Partnership Agreement and attached nomination agreements and the nomination arrangement agreed in the S.106 agreement.

The housing needs for affordable housing in Stamford are as follows:-

2 bed house = 373 (262 have direct local connection) 3 bed house = 195 (115 have direct local connection)

Also there will be four bedroom purpose built chalet bungalow to accommodate a Stamford family with a severely disabled child. For several years the Council have been attempting to find a property that can be converted to accommodate the needs of this family without success. Therefore this site gives the opportunity to be able to provide the much needed adapted accommodation to help this family. The design of the accommodation has been carried out in partnership with Social Services (Childrens).

The Housing Need Study produced by Fordham Research for the Council in February 2006 indicates an annual demand for 106 new affordable units in Stamford".

Representations as a result of publicity

The application has been advertised in accordance with established procedures and three letters of representation have been received.

The main concerns are summarised below: a) Concerns about loss of privacy. b) Bungalows should be built in order to protect adjacent residents privacy.

c) The Planning Committee should consider the safety aspect of the road junction as the exit of this site will be completely blind from the school, church and Green Lane/Churchill Road as the site will be on a blind bend (highway safety & traffic impact). d) The proposed entrance or exit road is not wide enough for two cars to pass therefore could cause a accident in Green Lane near to Queen Eleanor Technical College. e) The corner of Green Lane and Churchill Road is dangerous at present that the entrance or exit will make it worse. f) Stamford Town Council has turned down the proposals twice already.

Officer Report

Reason for Referral to Committee

This application has been referred to Committee as South Kesteven District Council owns the site and due to the planning history relating to a previous approval contrary to the Local Highway Authority’s advice.

Cllr Gaffigan has requested that the Committee determine the application, as it is located near to a school, hazards traffic wise, and access road not suitable next to a church.

Cllr Jalili has requested that the application be determined by the Committee due to the impact on the surrounding area.

The application site and its surroundings

The application site is approximately 0.35 hectares (0.86 acres) in size and is owned by South Kesteven District Council.

The site is located on Green Lane towards the north edge of Stamford. Access to the site is via a long access track which links onto Green Lane. The access runs between the Jehovah’s Witness Church and 33 Green Lane. The site is surrounded by 2 storey detached and terraced properties. The Queen Eleanor School lies directly to the north of the site.

The majority of the site comprises a large area of grassed open spaces with mature hedgerows along the northern and southern boundaries. This part of site has not been previously developed and can therefore be described as a ‘greenfield’ site. A small part of the residential curtilage of 6 Somerby Close also forms part of the application site.

Site History

Outline planning consent was granted in June 2001 for residential development of the site. The application was recommended for refusal by Officers on highway safety grounds. Following a site visit by Members the Officer’s recommendation was overturned and the application was approved. (Application reference S01/0443).

In June 2006 a full application for the erection of 8 affordable dwellings was submitted. The application was withdrawn in October 2006 following concerns raised by Officers about the proposed design, layout and access arrangements. This current application is the resubmitted scheme, which seeks to address the original concerns.

The Proposal

This is a full application for the erection of 7 affordable dwellings comprising 1 x four- bedroom chalet bungalow, 3 x two bedroom properties, and 3 x three bedroom properties.

The access to the site is via a 100m long access road, which comes links to Green Lane between The Jehovah’s Witness Church and 33 Green Lane. Two parking spaces are proposed for plot 1 within the curtilage of the dwelling. Plots 2-7 have a single space each along with the provision of two visitor spaces. The application also proposes to provide the residents of 7-12 Somerby Close with a single parking space each.

A chalet bungalow with room in the roof space is proposed on Plot 1. The proposed chalet bungalow has been designed so that it is suitable for use by a disabled person. The proposed bungalow has velux windows in the roof space in order to minimise the possibility of overlooking adjacent properties.

A row of two storey terraced properties are proposed for plots 2-4 and are of a similar scale to adjacent properties. Plot 5 is a two storey detached dwelling and plots 6 and 7 comprise a pair of semi-detached properties. All of the plots have been designed and orientated in such a way as to ensure that there is minimal overlooking and overshadowing of adjacent properties.

Policy Considerations

National Policy

Planning Policy Statement 1: Delivering Sustainable Development (PPS1)

Planning Policy Statement 3: Housing (PPS3)

Lincolnshire Structure Plan

Policy H1: Housing Provision

Policy H4: Affordable Housing Provision

South Kesteven Local Plan

Policy H6: Housing Development

Policy EN1: Protection and Enhancement of the Environment

Key Issues

This application seeks approval for the erection of 7 affordable dwellings. The proposed development is considered to be in scale and character with the surrounding development and has been designed in such away as to ensure that the residential amenities of the adjacent properties will not be significantly affected. The proposed dwellings have been sited to ensure that they have adequate amenity space and to provide a suitable separation distance from the adjacent dwellings on Somerby Close and Kesteven Road.

Significant concern has been raised relating to highway safety and in particular the proposed access arrangements. Outline planning consent was granted in June 2001 for residential development of the site. The application was recommend for refusal by Officers on highway safety grounds. Following a site visit by Members the Officer’s recommendation was overturned and the application was approved. (Application reference S01/0443). The proposed access onto Green Lane is located in the same position as that of the early outline permission. Additional off-street parking is now proposed to the rear of 7-12 Somerby Close in order to help alleviate some of the issues of on-street parking on Somerby Close. Whilst the outline consent has now lapsed it is still a significant material planning consideration and there have been no material change in circumstances since the approval in 2001.

The Council’s Partnership and Project Officer has confirmed that there is a proven need for affordable housing in this area. The Housing Need Study produced by Fordham Research for the Council in February 2006 indicates an annual demand for 106 new affordable units in Stamford. The proposed scheme will therefore help to address this unmet need. The Partnership and Project Officer has also advised that the four bedroom purpose built chalet bungalow will accommodate a Stamford family with a severely disabled child. For several years the Council have been attempting to find a property that can be converted to accommodate the needs of this family without success. Therefore this site gives the opportunity to be able to provide the much needed adapted accommodation to help this family. The design of the accommodation has been carried out in partnership with Social Services (Childrens).

Whilst the Local Highway Authority has raised significant concerns about the proposed access arrangements the previous outline approval (reference S01/0443) is a significant material consideration in the determination of this application. The proposed development would provide 7 affordable dwellings, one of which has been specifically designed to cater for the needs of a disabled person. In determining this application consideration needs to be given to the highway safety implications of the proposal and the Local Highway Authority’s objection to the development. This needs to be set against the benefits of specialist accommodation for a disabled resident. Taking all of these considerations into account including the previous approval for residential development at the site, it is considered that the Highway Authority's objections are not significant enough to warrant refusal of this application. The application is therefore recommended for approval subject to conditions and the conclusion of a Section 106 Agreement.

This application was considered at the Development Control Committee held on 24 April 2007. The application was deferred in order to enable Members to undertake a site visit.

One additional letter has been received from Share the Care Lincolnshire Carers Centre. The letter supports the application particularly in relation to the need to provide specialist disabled accommodation on plot 1.

Under the provisions of the Council’s Constitution this application was deferred at the meeting on 24 July 2007 following a resolution to refuse planning permission contrary to the stated recommendation of the Planning Officer.

The following reasons for refusal have been submitted by Members who voted against the proposal.

Cllr Rosemary Kaberry-Brown: -

“My reasons for not approving are as follows: -

1. I do believe that we the SKDC Planning Committee should be guided by Lincolnshire Highways Authority, who have twice recommended against Planning permission being given to this development. Five years ago the Committee ignored their advice - I do not feel we should be intimidated to follow the same decision. The entrance to the proposed development is extremely dangerous, almost a hidden entrance/exit and definitely blind to vehicles approaching the church (adjacent) and the School, all vehicles would have to ease far out into the traffic to proceed.

2. The entrance to this development is adjacent to the entrance of a very large secondary school taking pupils from 11 years old upwards - this could prove very dangerous more and more parents are being encouraged to persuade children to get themselves to school on bikes and foot etc, if living a distance many have to transport children by car and mini busses all of which park at the entrance and would block the development entrance:- The who scenario would prove extremely dangerous both to residents and pupils. This is why we must be guided by Lincolnshire Highways.

3. The road entrance into the proposed development is far too narrow plus a difficult bend (Tight S Bend) to rear of Church for all vehicles to negotiate - I cannot see Emergency Vehicles Fire Engines etc also South Kesteven District Council Refuse collection vehicles to negotiate this bend - if they did get into development would be extremely difficult to manoeuvre to get out safely.

4. Planning permission may have been given by previous Committee 5 years ago. But this was against the South Kesteven Planning Department, Officer, why has this developer waited this long? According to advice I have received after this length of time this application should have been looked at as a fresh application. Therefore the committee now elected should not have to upheld the previous decision - particularly as in five years there is much more traffic on the roads, higher numbers in the schools and elderly people and small tots attending the Church.

Cllr Trevor Holmes:

“With reference to the above application, I confirm that I am still minded to refuse this application on the basis of the objections put forward by the Highways Department. These are:- “Visibility from the proposed point of access onto Green Lane is substantially below requirements due to the existing carriageway alignment and surrounding boundaries. The access also emerges onto the junction hence the conflict in this area together with the lack of visibility especially near a school would be detrimental to highway safety”. With regards to the internal roadway this does also not meet standards in respect of design and safety therein. The internal 'S' bends are too tight and would not permit any sizeable utility or delivery vehicle to manoeuvre safely, also there will be conflict of passing cars in this area. Vehicles parked near this 'S' bend will also be in conflict when manoeuvring with vehicles travelling on the carriageway, this is particularly critical in respect of emergency vehicles.

Both of the above are detrimental to pedestrian and highway safety. As the previous Outline Permission has not only lapsed, it was given against officers and Local Highways Authority advice. Taking account of the upward trend in vehicle use, particularly in close proximity to the school, the previous decision must be set aside and the application be considered afresh. In view of the need for affordable housing in Stamford, should alternative ingress/egress provision be made which satisfies both the Local Highways Authority and this committee then I would be pleased to vote for approval”.

Cllr Maureen Jalili:

“With reference to the above application, I confirm that I am minded to refuse this application on the basis of the objections put forward by the Highways Department. These are:-

“Visibility from the proposed point of access onto Green Lane is substantially below requirements due to the existing carriageway alignment and surrounding boundaries. The access also emerges onto the junction hence the conflict in this area together with the lack of visibility especially near a school would be detrimental to highway safety”.

With regards to the internal entrance this does also not meet standards in respect of design and safety therein. The internal 'S' bends are too tight and would not permit a refuse vehicle to manoeuvre safely, also there will be conflict of passing cars in this area. Vehicles parked near this 'S' bend will also be in conflict when manoeuvring with vehicles travelling on the carriageway.

Both of the above are detrimental to pedestrian and highway safety. I would also add that my concerns regarding access of emergency vehicles have still not been put to rest.

I would like to confirm that I am in no way trying to stop housing here; indeed the site is a very suitable use for the affordable/RSL homes. However, the site requires a better access, even if this means knocking down one of the houses on Somerby Close for access direct on to the site”.

Cllr Mike Cook:

“The reason I voted not to approve the above Application was based on the original recommendations of the Highways Authority and Planning Department. (2001) I also agree with other Members of the present Committee that the width of the entrance road, together with the sharp bend on the approach could lead to further problems”.

Cllr Avril Williams:

“I object to this application on Highway safety grounds. The access track is very narrow and the S bend within the site would appear to be too tight to allow emergency vehicles and large trucks, such as the Council refuse vehicles, to manoeuvre safely”.

Cllr Frank Turner:

“Highways Concerns:

• Substantially below requirement • Existing carriageway alignment • Lack of visibility near school • Highway safety • Entrance does not meet standards • Internal s-bends too tight”

Planning Officers Comments :

The main issues raised by Members, as detailed above, appear to focus on concerns relating to the proposed access arrangements to the site and general highway safety issues.

A previous decision is a material consideration and previous decisions by the Secretary of State must be given greater weight. The rationale for that is given by Mann LJ in North Wiltshire District Council v Secretary of State for the Environment [1992] 65 P&CR 137 at 145, in which he said:

“It was not disputed in argument that a previous appeal decision is capable of being a material consideration. The proposition is in my judgement indisputable. One important reason why previous decisions are capable of being material is that like cases should be decided in a like manner so that there is consistency in the appellate process. Consistency is self-evidently important to both developers and development control authorities. But it is also important for the purpose of securing public confidence in the operation of the development control system. I do not suggest and it would be wrong to do so, that like cases must be decided alike. An inspector must always exercise his own judgement. He is therefore free upon consideration to disagree with the judgement of another but before doing so he ought to have regard to the importance of consistency and to give his reasons for departure from the previous decision.

To state that like cases should be decided alike presupposes that the earlier case is alike and is not distinguishable in some relevant respect. If it is distinguishable then it usually will lack materiality by reference to consistency although it may be material in some other way. Where it is indistinguishable then ordinarily it must be a material consideration. A practical test for the inspector is to ask himself, whether, if I decide this case in a particular way am I necessarily agreeing or disagreeing with some critical aspect of the decision in the previous case?” In order for a previous decision properly to be taken into account it is necessary that not just the fact of the determination, grant or refusal of planning permission, should be known to the decision maker and taken into account, but regard should be had to the basis of the decision.

The planning history section of this report draws attention to the relevant planning history, which must be taken into consideration when determining this application. Consideration must therefore be given to the decision in application S01/0443 an outline application for residential development of the site. The application was recommend for refusal by Officers on highway safety grounds. However, following a site visit by Members the Officer’s recommendation was overturned and the application was approved.

The type of development and the location of the proposed access onto Green Lane are the same as that of the early outline permission. Whilst the outline consent has now lapsed it is still a significant material planning consideration and must therefore be taken into consideration when determining this current application.

The reasons for refusal put forward by Members relate to highway safety concerns and in particular the proposed access arrangements. The access arrangements to the site are not significantly different to those approved under application S01/0443. Whilst this consent has expired it must still be taken into consideration. In order to sustain a refusal of this application on highway safety grounds it would need to be shown that there had been a material change in circumstances since the approval in 2001 which warrants a different decision being taken.

An example of a material change in circumstance would be moving the access to a different location to that of the earlier consent. Another example would be if the traffic flow on Green Lane had increased by three times from when the original consent was granted. This is, however, not the case and the access is located in the same position as the 2001 consent and there has not been a significant increase in traffic flow along Green Lane.

There has been no significant change in planning policy relating to highway safety nor has there been a material change in circumstance relating to the site or the surrounding area. Refusal of this application on the highway safety grounds would therefore be inconsistent with the Council’s previous decision in 2001. It is considered that there are no differences in policy or site characteristics to distinguish this application from that made in 2001.

Summary of Reason(s) for Approval

The proposal is in accordance with national and local policies as set out in Planning Policy Statement 1 and 3, Policies H1 and H4 of the Lincolnshire Structure Plan and Policies H6 and EN1 of the South Kesteven Local Plan. The issues relating to loss of privacy, design, impact on residential amenity and highway safety are material considerations but, subject to the conditions attached to this permission, are not sufficient in this case to indicate against the proposal and to outweigh the policies referred to above.

RECOMMENDATION : That the development be Approved subject to condition(s)

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. Before any development is commenced the approval of the District Planning Authority is required to a scheme of landscaping and tree planting for the site (indicating inter alia, the number, species, heights on planting and positions of all the trees). Such scheme as may be approved by the District Planning Authority shall be undertaken in the first planting season following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the District Planning Authority gives written consent to any variation. 3. No development shall take place until there has been submitted to and approved in writing by the District Planning Authority a plan showing the exact location, species and spread of all trees and hedges on the site and those proposed to be felled or uprooted during building operations together with measures for their protection in the course of development. 4. The existing natural hedge along the northern boundary of the site shall be retained.

5. Before the development is commenced, there shall be submitted to and approved by the District Planning Authority details of the means of surfacing of the unbuilt portions of the site. 6. Before the dwelling(s) is/are occupied, the access and turning space shall be completed in accordance with the approved plan, drawing number SL01 Rev D dated 30 April 2007, and retained for that use thereafter. 7. Prior to any of the buildings being occupied, the private drive shall be completed in accordance with the details shown on drawing number SL01 Rev D dated 30 April 2007. (Please note that this road is a private road and will not be adopted as a highway maintainable at the public expense (under the Highways Act 1980) and as such the liability for maintenance rests with the frontagers.) 8. No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building(s) are occupied, or in accordance with a timetable agreed in writing with the Local Planning Authority. Development shall be carried out in accordance with approved details. 9. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development Order) 1995 (or any order revoking or re-enacting that order with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed.

10. Before the development hereby permitted is commenced, final details of the materials to be used in the construction of external walls and roofs shall be submitted to and approved in writing by the District Planning Authority. Only such materials as may be agreed shall be used in the development.

The reason(s) for the condition(s) is/are:

1. These details have not been submitted and the District Planning Authority wish to ensure that the colour and type of materials to be used harmonise with the surrounding development in the interests of visual amenity and in accordance with Policies H6 and EN1 of the South Kesteven Local Plan. 2. Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990, as amended by section 51 of the Planning & Compulsory Purchase Act 2004. 3. Landscaping and tree planting contributes to the appearance of a development and assists in its assimilation with its surroundings. A scheme is required to enable the visual impact of the development to be assessed and to create and maintain a pleasant environment and in accordance with Policies H6 and EN1 of the South Kesteven Local Plan. 4. These features make an important contribution to the appearance of the area. Their retention will maintain the appearance of the area and help assimilate the development with its surroundings and in accordance with Policies H6 and EN1 of the South Kesteven Local Plan. 5. These features make an important contribution to the appearance of the area. Their retention will maintain the appearance of the area and help assimilate the development with its surroundings and in accordance with Policies H6 and EN1 of the South Kesteven Local Plan. 6. In the interests of visual amenity and in accordance with Policies H6 and EN1 of the South Kesteven Local Plan. 7. In the interests of safety of the users of the public highway and the safety of the users of the site, and in accordance with Policies H6 and EN1 of the South Kesteven Local Plan. 8. In the interests of safety of the users of the public highway and the safety of the users of the site, and in accordance with Policies H6 and EN1 of the South Kesteven Local Plan. 9. To prevent overlooking to and from the development and to reduce the impact of the development on the appearance of the area and in accordance with Policies H6 and EN1 of the South Kesteven Local Plan. 10. The planning authority wish to be in a position to determine the effects that such development would have on the surrounding area and in accordance with Policies H6 and EN1 of the South Kesteven Local Plan.

Note(s) to Applicant 1. These details have not been submitted and the District Planning Authority wish to ensure that the colour and type of materials to be used harmonise with the surrounding development in the interests of visual amenity and in accordance with Policies H6 and EN1 of the South Kesteven Local Plan.

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IVW1 S07/0679/69 Date Received: 16-May-2007

Applicant Martin Smith, Bloor Homes Limited Stirling House, The Avenue, Cliftonville, Northampton, NN1 5BT Agent Proposal Reposition plots 98-103, parking area to pumping station amended and electic sub-station to plot 22 Location Former Quarry Farm Brickworks, Little Casterton Road, Stamford

Site Details Parish(es) Stamford Adj authority - Rutland CC - AA6 Radon Area - Protection required Section 106 applies on site Airfield Zone - No consultation required Drainage - Welland and Nene CL - EPA Auth Processes - SC. R25 Req CL - Cont Land Reg - SC. R25 Req

REPORT

Representations Received:

Local Highway Authority:

Requests conditions as per previous application.

Town Council:

The Electric sub-station is unattractively sited and may well have health implications. The loss of green space, which is essential due to the high density of adjacent housing. Is an adverse visual impact to the clear detriment of residents.

Representations received as a result of publicity:

The application has been advertised in accordance with established procedures, the closing date for representations being 14th June 2007. No representations have been received as a result of publicity.

The application and its surroundings:

The application site is part of the former Williamson Cliffe brickworks which is currently being redeveloped under a Reserved Matters approval for 182 dwellings granted in October 2006.

The application relates to the south-east corner of the site, adjacent to the existing recent housing development of Elgar Way and Ravell Close and to part of an area open space at the northern end of the site, adjacent to the boundary with Rutland.

The Proposal:

There are two aspects to this application: a) Repositioning of a terrace of five ‘Affordable’ houses already approved on this part of the site, in order to allow for the provision of a larger pumping station than was originally required following a review of the drainage arrangements.

The pumping station is in the same position as previously approved but is larger and therefore occupies a greater area and this has necessitated an adjustment to the houses and garages on five neighbouring plots.

The house types remain the same but have had to be moved slightly, as have the associated parking spaces/garages, and a bin store enclosure has been deleted. b) Siting an electricity sub-station adjacent to an area of public open at the northern end of the site. Access to the sub-station would be via a Grass-Crete driveway running alongside an already approved private drive to a garage block with a flat over.

Proposed tree planting affected by the access to the sub-station is shown to be relocated to the east.

Site History:

The relevant site history is as follows:

22/07/05 Outline planning permission granted for residential development on former Williamson Cliffe Brickworks.

3/10/06 Reserved Matters approval granted for 182 dwellings.

Policy Considerations:

Central Government Policy Guidance/Statements

PPS 1 - General Policy and Principles

PPS 3 - Housing

PPS25 - Development and Flood Risk

Lincolnshire Structure Plan

Policy H2 – Housing on previously developed land.

South Kesteven Local Plan

Policy EN1 – Protection and Enhancement of the Environment

Conclusions:

The proposed adjustments to the positions of the houses under this application are relatively minor and have no different impact on the surroundings that the arrangement already approved.

The proposed siting of the electricity sub-station will not compromise the overall provision of public open space on this estate.

With both the Electricity installation and the Pumping station screen planting will be required to soften their impact on the surroundings, in particular the outlook of the existing properties to the south and east.

With regard to the Town Council’s comments on a Section 106 Agreement in connection with play space provision, this matter was the subject of such an Agreement and the provision already approved meets the terms of the agreement.

SUMMARY

In line with policies, material considerations raised but do not outweigh policies The proposal is in accordance with national and local policies as set out in Planning Policy Statement 1 and 3 (Housing), policy H2 of the Lincolnshire County Structure Plan, policies H9 and EN1 of the South Kesteven Local Plan. The issues relating to visual amenity is a material consideration but, subject to the condition(s) attached to this permission, are not sufficient in this case to indicate against the proposal and to outweigh the policies referred to above.

RECOMMENDATION: That the details to Approved subject to the following conditions:

1. Before the development hereby permitted is commenced details of planting (including density, species, heights on planting), to screen the electricity sub-station and to be undertaken along the eastern and southern boundaries of the garage/parking areas to plots 96-107 and the pumping station, shall be submitted to the Local Planning Authority. Such planting as may be agreed in writing shall be undertaken in the first planting season following occupation of the first dwelling on the application site. Any plants which die, are removed or become diseased seriously damaged within five years of completion of the development shall be replaced with plants of the same species in the next planting season, unless the Local Planning Authority gives is written agreement to any variation.

The reason(s) for the condition(s) is/are:

1. In the interests of the visual amenities of the area, in accordance with policy EN1 of the South Kesteven Local Plan.

Note(s) to Applicant 1. This site is within 50m of a Land Contamination Concern. Please contact Environmental Protection Services on 01476 406300 for further information. 2. You are advised that the application site falls within an area which requires protection from Radon. You are advised to contact the District Council's Building Control Services to ascertain the level of protection required, and whether geological assessment is necessary.

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IVW2 S07/0688/82 Date Received: 16-May-2007

Applicant Governors of Witham Hall School C/o Agent Agent Steven Dunn Architects Hadleigh House, High Street, Walcott, Lincoln, LN4 3SN Proposal Widen existing vehicular access Location Witham Hall School, Main Street, Witham On The Hill

Site Details Parish(es) Witham on the Hill Conservation Area (Policy C9) C Class Road Area of special control for adverts EN3 Area of great landscape value EN6 Important open area Airfield Zone - No consultation required Drainage - Welland and Nene

REPORT

Representations Received

Local Highway Authority: If permitted requests standard condition HP9.

Arboricultural Officer:

“The block plan submitted with this application shows that 2 Yew trees, immediately to the north of existing driveway are to be removed.

Currently they form part of a group of Yew trees that provides an attractive back drop for the playing field/open space on the east side of Main Street. They visually enhance this area of the village and have been identified as being important to the village on the Conservation Area map.

Individually the 2 trees do not have any significant merit, but as a group they are an attractive landscape feature.”

Parish Council:

“There is concern over demolition of old wall particularly as previous similar application was denied (Palace Farm).

The yews described as semi-mature are very large and as a slow growing species should be considered mature.

Traffic will be turning in and out of enlarged entrance on a sharp bend which is felt to be unsafe.

It is felt that the proposal will not cure the “Monday Traffic Jam” merely move it to the area of the village green which could endanger local children walking to the school bus stop.

How would the school ensure that pre-prep parents used the new entrance, particularly those with older siblings at the prep school?

Could an alternative access be designed at the “cricket pitch end” of the school property where the road is straight thereby giving better visibility.”

Representations received as a result of publicity

The application has been advertised in accordance with statutory requirements, the closing date for representations being 15 June 2007.

A total of 16 representations have been received in connection with this proposal, raising the following issues: a) Adverse impact on the character and appearance of the street scene of the Conservation Area. (9) b) Coaches do not obstruct traffic. (1) c) Coaches already access car park from the existing exit. (1) d) Proposal will make access more, not less, hazardous. (10) e) New access should be formed at west side of village. (2) f) Will cause additional noise and disturbance to nearby residents. (2) g) Loss of Yew trees will have an adverse impact on the appearance of the area. (7) h) Existing road is obtrusive. (2) i) Increase in pollution. (1) j) Will endanger safety of children using the village green opposite. (6)

The application site and its surroundings

The application site and its surroundings have been described in the report to LB/6784.

Site History

The site history has been described in the report to LB/6784.

The Proposal

Planning permission is sought for the widening of an existing vehicular exit from Witham Hall School in order to allow its use for both access and egress to the school’s main car park. The gravel driveway would be widened from its current 2.6m to 5.0m.

Although an 8 metre length of wall is to be demolished, this will be replaced by a wall similar in length but curving back into the school grounds.

The exit is on the outside curve of a right angle bend in the C class main road through the village.

The proposed widening of the access and the driveway would allow vehicles, particularly larger vehicles such as buses, to reach the car park some 65 metres into the site from this direction and also reduce the overall number of vehicles having to negotiate the narrow and arched driveway of the main entrance where there is conflict with children crossing to the school’s playing fields.

Policy Considerations

Central Government Guidance

PPG13 – Transport

PPG15 – Planning and the Historic Environment

Lincolnshire Structure Plan

Policy BE3 – Protection of the Historic Built Environment

• Listed Buildings will be protected from demolition, inappropriate alteration or other adverse change to their character or setting. • Conservation Areas and their settings including views into and view from them will be protected from development damaging to their character or appearance.

South Kesteven Local Plan

Policy C6

APPLICATIONS FOR ALTERATIONS OR EXTENSIONS TO A LISTED BUILDING WILL BE CONSIDERED HAVING REGARD TO THE EFFECT OF THE PROPOSAL ON THE APPEARANCE AND CHARACTER OF THE BUILDING, PARTICULARLY IN TERMS OF SCALE, DESIGN AND MATERIALS TO BE USED.

Policy C9 – For development in Conservation Areas the following policies will apply:

1 PROPOSALS TO DEMOLISH, OR PARTIALLY DEMOLISH, ANY BUILDING WHICH MAKES AN IMPORTANT CONTRIBUTION TO THE STREET SCENE, ENVIRONMENTAL QUALITY OR CHARACTER OF THE AREA WILL NOT NORMALLY BE PERMITTED; AND

2 APPLICATIONS FOR PLANNING PERMISSION FOR DEVELOPMENT WILL BE CONSIDERED HAVING REGARD TO:

i) THE EFFECT OF THE PROPOSAL ON THE CHARACTER AND APPEARANCE OF THE AREA; ii) THE APPROPRIATENESS OF THE PROPOSAL IN TERMS OF DESIGN, SCALE AND MATERIALS; AND iii) THE IMPACT OF ANY NEW USE ON THE AREA.

Policy EN1 – Protection and Enhancement of the Environment.

Policy EN3 – Areas of Great Landscape Value.

Policy EN6 – Open Areas Important to the Character and Setting of Built-up Areas.

Key Issues

The main issues with this proposal, with regard to the planning application are:

• The impact on the character and appearance of Conservation Area and the setting of the Grade II* listed Witham Hall. • The impact of the proposal on the character and appearance of the curtilage structure. • Highway safety.

Stone walls are undoubtedly an important feature of the Witham on the Hill Conservation Area, linking buildings and providing continuity of stone in the streetscene and applications for their demolition in this and other designated Conservation Areas, have been consistently resisted unless material considerations, such as highway safety, have indicated otherwise.

The proposal will inevitably have an impact on the appearance of the streetscene of this part of the village by creating a wider opening in the wall than exists at present and by the felling of a few trees. Although the extent of that impact will be to some degree mitigated by the rebuilding of a wall of the same length curving back into the site on an 8 metre radius.

Discussions have taken place with the Highway Authority with a view to establishing whether a lesser radius could be used but that proposed is the minimum they consider acceptable from a road safety point of view.

What has to be decided with this application, therefore, is whether the highway safety issues are outweighed by the conservation considerations. Your Officers consider these to be very finely balanced but in arriving at their recommendation believe that in this particular instance the latter are outweighed by the former.

The recommendation is, therefore, that planning permission be granted subject to the conditions set out below.

Applicants Submission

The applicants agent’s and the Headmaster’s supporting statements have been included in the report to LB/6784.

In addition the school have appointed their own highway consultant to examine their traffic problems and his findings are as follows:

Executive Summary

This Highway Statement has been prepared by Rutherfords to provide South Kesteven District Council with a technical assessment of the likely traffic impact and road safety implications of the proposed two way operation of the eastern access to Witham Hall School as set out in the current planning application S07/LB/6784 to the District Council. At present vehicles enter the school from the North Gate, circulate through and exit at the East Gate.

The study of the Monday morning traffic movements, when school traffic is the busiest, shows that the improvement would: • Reduce the school traffic entering at the North Gate by some 57% (all days); • Reduce the peak flow passing the site frontage through the village by a third on Mondays and substantially on other quieter weekdays; • Substantially reduce peak congestion in the vicinity of the North Gate; • Convert some passing movements at the East Gate into “left in” movements. This would reduce the peak hour conflict for exiting vehicles at the junction by some 42% on Mondays, and substantially on other quieter weekdays.

The study of road safety in the vicinity of the school shows that:

• The East Gate junction would be safer due to the reduced levels of conflict; • The East Gate junction would be safer due to the improved left turn out; • Vehicles turning left into the East Gate would be safer than at the North Gate; • School children would be much safer getting on and off coaches in the school grounds rather than on the narrow footway on the far side of the road at the North Gate; • The North Gate junction would be safer due to the reduced levels of turning movement; • The North Gate junction would be safer due to the reduced level of traffic turning very tight left through the narrow gateway; • The removal of stopping coaches from the vicinity of the North Gate would make this section of road safer; • The removal of children crossing the fast main road would make the North Gate junction safer; • Halving the flow on the School Drive in front of the school would make it much safer, particularly for the children, throughout the day; • The increase in vehicle movements on the eastern leg of the School Drive would be very low and well away from the pedestrian activity in the school. This would raise no particular road safety concerns.

Alternatives to the proposed access improvements have been rejected on planning grounds by the District Council. If the current application fails, the only remaining option for improving the safety for the children to address the problems in the vicinity of the schools would be to impose a 20mph zone with associated traffic calming measures.

However, the proposals would have substantial road safety and traffic impact benefits that mitigate the environmental impacts caused by the proposed highway improvements.

1. Introduction

1.1 Rutherfords have been asked to review the effects of the proposed improvements to the access arrangements serving Witham Hall School. The improvements are the subject of a Listed Building Planning Application No. S07/LB/6784 submitted by Steven Dunn Architects to South Kesteven District Council on behalf of the Governors of Witham Hall School.

1.2 In particular, this Statement provides a technical assessment of (1) the likely traffic impact and (2) the road safety implications of the proposals as these highway issues have been raised through the public consultation process. The layout requirements for the improved access have been defined by the Highway Authority and these are reflected in the SDA Scheme Plan Drawing No. 1844/highways1 submitted with the planning application.

1.3 At present there is an L shaped private road operating as a narrow one-way route between the northern entry gate and the eastern exit gate. The northern leg of the route passes the school frontage. A large parking area has been recently created half way along the eastern leg.

1.4 The planning application proposes to widen the eastern exit to allow two-way movement as far as the new car park.

2. Traffic Impact

2.1 The busiest hourly traffic movement on the site occurs on a Monday morning as parents bringing boarding children add to those bringing day children at the start of each week. A survey of traffic movements entering and passing the site during the morning peak hour (8am to 9am) was therefore carried out on Monday 2 July 2007. The numbers of vehicles on the site at the start and end of this period were counted and from this the exiting flow calculated.

2.2 The number of vehicles entering the site between 8am and 9am was 118 vehicles of which two were light goods and one was the school minibus. No heavy goods vehicles can enter the site as the gateway is too narrow.

2.3 Of the total entry flow, 51 vehicles (43%) approached from the northwest and 67 vehicles (57%) approached through the village from the southeast.

2.4 As the number of vehicles parked on the site increased by 14 over this period, the exit flow in the morning peak hour was 104 vehicles. It appears reasonable to assume that the distribution of vehicles at the exit would generally reflect the ratio of the approach flows. On this basis it is calculated that some 45 vehicles would have turned left and 59 vehicles would have turned right.

2.5 The number of vehicles passing the entrance at this time was observed to be 37 travelling eastwards and 10 travelling westwards. Whilst none of those travelling eastwards would relate to the school flows, some 45 of the 100 travelling westwards would have come from the school.

2.6 The effect of permitting entry through the eastern gateway would be to attract up to 67 vehicles from the east to enter through this gateway, thereby reducing the flow passing the site frontage through the village by 33%.

2.7 At the northern entry to the site, the volume of traffic approaching from the east would reduce by 40% from 167 to 10 vehicles per hour. For the 51 school vehicles approaching from the west, this would make turning right into the site much easier and safer. It would also more than halve the flow on the narrow drive passing the front of the school thereby removing the congestion in the vicinity of the North Gate that is often seen with the present arrangement.

2.8 While the number of vehicles passing through the junction at the East Gate would not change, the way in which it operates would improve. Instead of passing the exit and blocking vehicles trying to get out, the 67 school vehicles would simply turn left into the site. The number of vehicles exiting would remain the same as at present (45+59), and these would only conflict with 92 passing vehicles instead of the existing 159 passing vehicles (a reduction of 42%). There would therefore be a substantial reduction in the amount of conflict and congestion at this junction.

3. Road Safety

Eastern School Gate

3.1 The East Gate junction would be safer due to the reduced level of conflict for vehicles turning right out of the exit as described above.

3.2 It would also be safer for vehicles turning left out of the East Gate as a result of the highway improvements. The increased left hand radius would remove the need for most vehicles to cross over the centreline of the carriageway into the path of oncoming traffic when turning left out of the gateway.

3.3 Left turning vehicles into the school would find it safer and easier than the present approach and entry through the North Gate.

3.4 It would be safer for the school children as coaches would enter into the grounds. They would then be able to drop off and pick up the many Witham Hall and visiting school terms in safety rather than on the side of the main road as at present.

Northern School Gate

3.5 The substantial reduction in the number of vehicles entering through the North Gate would make it safer.

3.6 The fact that the reduction in entry flow would be from the East adds to the benefits. It is quite difficult for a left turning vehicle to turn very tightly through the narrow gateway without encroaching into the lane of oncoming traffic and/or damaging the gate posts. This is evidenced by the amount of damage to the gateposts and the fact that one was damaged so badly that it had to be replaced. As the damage is on the inside of the pier to the left of the picture above and on the outside of the one to the right, this would appear to be all caused by the swept arc of left turning vehicles.

3.7 The fact that school coaches currently stop opposite the North Gate to drop off and pick up children highlights the difficult and dangerous conditions of any alternatives on the surrounding roads.

3.8 The only safe footway available for children to get on and off the coach is on the wrong side of the road for the school. The children have to cross the main road to and from the coach where approaching vehicle speeds were observed to be up to at least 43 mph from the west. This would be hazardous on a straight road and is much worse on the bendy alignment through the village.

3.9 A small sample speed survey in free flowing off-peak conditions showed that 4 of the 6 vehicles in half an hour approaching from the east were travelling between 30 and 34 mph. If the standard full survey of 100 vehicles had been observed, it is probable that the highest observed speed would have been much higher than 34 mph.

3.10 The forward visibility for a car approaching the northern gateway from the east is severely restricted. The driver of the rear car can only just see the tail of the car entering the school. For a 30 mph road, this visibility should be 90 metres. In fact it only measures 29m which is substandard even for a 20 mph road and severely substandard for speeds of 34 mph or more.

3.11 These conditions are considered to be particularly dangerous for a child stepping off the side of the road.

3.12 The facility for coaches to enter the site through the eastern gateway would greatly improve the safety for the children that have to use them. It would also remove the congestion and potential dangers that they create for passing drivers as they have to swing out approaching a blind bend to pass the parked coach.

School Drive

3.13 The halving of the vehicle movements passing in front of the school as a result of the proposed access improvements would be a substantial road safety benefit for the children, parents and staff during congested peak hour conditions.

3.14 Even in the quieter conditions, there is a lot of pedestrian movement throughout the day between the school and the playing fields in front of it. The dangers of the situation are highlighted by the railings at the entrances to the Drive from the school playing fields that have been installed to prevent children dashing out in front of passing vehicles. There would be a substantial road safety benefit from being able to encourage most, if not all, drivers to use the East Gate. The increase in traffic movements on the eastern leg of the access road would be very light and well away from the children activity close to the school buildings. This raises no particular safety concerns.

3.15 The school has considered a number of access alternatives but all of these have been rejected by the District Council. If the current proposals are deemed to be unacceptable, the only suitable alternative to improve the safety of the school children would be to install a 20 mph zone through this section of the village with associated traffic calming measures such as speed humps, signing and reactive speed warning lights.

Not material consideration to this application but the applicants wish it to be reported to Members that, should the application be approved, the school car park will be available outside school hours for use by the Parish Council.

Summary of Reason(s) for Approval

The proposal is in accordance with national and local policies as set out in Planning Policy Guidance Note PPG13 and Policy EN1 of the South Kesteven Local Plan. Although there is some conflict with Planning Policy Guidance Note 15, Policy BE3 of the Structure Plan and Policies C6 and C9 of the South Kesteven Local Plan, in this instance, subject to the conditions attached to this permission, it is considered that the issues raised do not outweigh the principal policies referred to.

RECOMMENDATION: That the development be Approved subject to condition(s)

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. Before the development hereby permitted is commenced the materials to be used to surface the widened driveway shall be agreed with the local planning authority and only such materials as may be agreed in writing shall be used for surfacing. 3. In the first planting season following commencement of the development two replacement Yew trees shall be planted adjacent to the existing group, in a position and to a height on planting to be agreed with the local planning authority. If the replacements die, become diseased or damaged within 5 years of planting then they shall be replaced in a location to be agreed with the local planning authority.

The reason(s) for the condition(s) is/are:

1. Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990, as amended by section 51 of the Planning & Compulsory Purchase Act 2004. 2. To ensure that such materials that are used to surface the widened driveway are appropriate for the context, in accordance with Policy C9 of the South Kesteven Local Plan. 3. Two Yew trees forming part of an important group within the grounds of the Grade II* listed building and Witham on the Hill Conservation Area to be felled to facilitate the proposed development and replacements are necessary in the interests of preserving the character and appearance of the area, in accordance with Policy C9 of the South Kesteven Local Plan.

This application was deferred from the last meeting for Members to undertake a site inspection.

Since the last meeting the Fire Brigade have written to support the proposed widening:

“At present,access is severely limited for emergency vehicles as the only ‘easy access’ is to enter the school grounds along the wrong way of a one-way system leading to potential hazards to persons leaving the premises which should be avoided, especially at times when there is already an emergency situation”.

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IVW3 S07/LB/6784/82 Date Received: 16-May-2007

Applicant Governors of Witham Hall School C/o Agent Agent Steven Dunn Architects Hadleigh House, High Street, Walcott, Lincoln, LN4 3SN Proposal Alteration of access to listed building Location Witham Hall School, Main Street, Witham On The Hill

Site Details Parish(es) Witham on the Hill Conservation Area (Policy C9) C Class Road Area of special control for adverts EN3 Area of great landscape value EN6 Important open area Airfield Zone - No consultation required Drainage - Welland and Nene

REPORT

Representations Received

Historic Buildings Advisor:

“I am in receipt of details of the above proposal which involves the demolition of a substantial section of the dry stone boundary wall in the south east corner of the property, and subsequent rebuilding of the wall to a new line in order to alter the site vehicular access here.

The existing wall referred to is an attractive prominent traditional street scene feature, and the site access is simply (and also attractively) formed by a small gap at the end of the wall with stone piers at either end.

I would advise that the proposed altered and substantially enlarged opening and the re-alignment of the wall in the form of a curve will cause unwarranted physical disturbance to the feature, and be visually incongruous and intrusive in the street scene.

I would advise that the proposed alterations are excessive and that, if necessary, the access width should only be increased (in line) to the minimum width required for two vehicles to pass, and with stone piers flanking the opening as now.”

Parish Council:

“1. The trees (Yew) that would require felling are felt to be mature not semi- mature as described in the application and should be retained.

2. There is great concern among villagers over the demolition of part of the old stone wall. Previous similar requests to widen access have been denied.”

English Heritage: No comments received – notified 12 June 2007.

Representations as a result of publicity

The application has been advertised in accordance with statutory requirements, the closing date for representations being 15 June 2007.

A total of 16 representations have been received in connection with this proposal, raising the following issues: a) Adverse impact on the character and appearance of the streetscene of the Conservation Area. (9) b) Coaches do not obstruct traffic. (1) c) Coaches already access car park from the existing exit. (1) d) Proposal will make access more, not less, hazardous. (10) e) New access should be formed at west side of village. (2) f) Will cause additional noise and disturbance to nearby residents. (2) g) Loss of Yew trees will have an adverse impact on the appearance of the area. (7) h) Existing road is unobtrusive. (2) i) Increase in pollution. (1) j) Will endanger safety of children using the village green opposite. (6)

NB: The majority of the issues raised by third parties relate to the considerations under the accompanying planning application (ref. S07/0688).

The application site and its surroundings

Witham Hall is a Grade II* listed building originally built as a country house. It is located in grounds of approximately 4.6 ha, on the south-western side of the village.

The boundary of the grounds with the main street is largely but not exclusively, by stone walls which are covered by the listing to the Hall itself.

The school and its grounds also lie within the Witham on the Hill Conservation Area.

Site History

Witham Hall has been a preparatory school for about 50 years, catering for children aged 3-14.

The access and driveway alongside the northern boundary to the grounds were created in the early 1980’s.

There have been several new buildings erected in recent years to provide additional classrooms and ancillary accommodation, most recently a school hall to the north-east of the main house, alongside the main road through the village.

The Proposal

Consent is sought for the demolition of a 12m length of a 1.4m high stone wall on the road frontage to the north of an existing vehicular exit from Witham Hall School in order to widen it and allow its use for both access ad egress to the main school car park. This would mean widening the gravel driveway from its currently 2.6m to 5m.

Although an 8 metre length of wall is to be demolished, it will be replaced by a wall similar in length but curving back into the school grounds.

The exit is on the outside curve of one of several right angle bends in the C class main road through this village.

Widening of the access and the driveway would allow vehicles, particularly larger vehicles such as buses, to reach the car park some 65 metres into the site from this direction and also reduce the overall number of vehicles having to negotiate the narrow, arched driveway of the main entrance, where there is conflict with children crossing to and from the school’s playing field.

Policy Considerations

Central Government Guidance

PPG15 – Planning and the Historic Environment

Lincolnshire Structure Plan

Policy BE3 – Protection of the Historic Built Environment

• Listed Buildings will be protected from demolition, inappropriate alteration or other adverse change to their character or setting. • Conservation Areas and their settings including views into and view from them will be protected from development damaging to their character or appearance.

South Kesteven Local Plan

Policy C6

APPLICATIONS FOR ALTERATIONS OR EXTENSIONS TO A LISTED BUILDING WILL BE CONSIDERED HAVING REGARD TO THE EFFECT OF THE PROPOSAL ON THE APPEARANCE AND CHARACTER OF THE BUILDING, PARTICULARLY IN TERMS OF SCALE, DESIGN AND MATERIALS TO BE USED.

Key Issues

The main issue with this proposal, so far as the listed building consent application is concerned, is the impact on the setting of the grade II* listed Witham Hall.

There will inevitably be an impact and it would be preferable if the wall were to remain as it is. However, will the impact be sufficiently adverse as to warrant withholding consent? The extent of the impact will, to some degree, be mitigated by the rebuilding of a wall of the same length curving back into the site on an 8 metre radius, the minimum considered necessary by the Highway Authority for road safety purposes.

Stone walls are an important feature of the Witham on the Hill Conservation Area, linking buildings and providing continuity of stone in the streetscene. Applications for their demolition in this and other designated Conservation Areas, have invariably been resisted unless there has been some overriding reason, such as highway safety.

As mentioned in the report to the accompanying application for planning permission, discussions have taken place with the Highway Authority with a view to establishing whether a lesser radius could be used but they do not consider it appropriate to relax their standards in this particular case.

Applicants Submission

Agent’s Supporting Statement:

• The Proposed Development: The proposal in hand on this occasion is the widening and alteration to Lincolnshire County Council Highways Department’s requirements of the Southern access point to Witham Hall School.

Following pre-application consultation between the School Governors and Mark Heaton of Lincolnshire County Council Highways Department, agreement in principle has been made that the amendments proposed to the access arrangements can be carried out. The fundamental purpose of these amendments is to allow the access in question to safely serve for two way traffic access (the existing access as utilised for one way traffic only).

• Location/Layout: The existing site access lies towards the South Easternmost corner of the existing Witham Hall School and is identified clearly within the site location plan attached to appendix B of this statement. The site access terminates at its abutment with the main highway through Witham on the Hill Village adjacent to New Home Farm and the Sycamores. Details of the access (and the proposed alterations thereto) are clearly identified within the drawing which accompanies the Planning Application to which this statement relates.

• Scale and Proportion of the Proposal: The scale and proportion of the proposal have been dictated to a very large extent by the pre-application negotiations with Lincolnshire County Council’s Highway’s Department. Although the radii utilised within the proposal drawing (refer to Planning Application package) have been dictated by the Highways Department (10m and 8m respectively). The applicant does feel that these perhaps over-cater for the minimal number of vehicles likely to utilise the access concerned. Notwithstanding the above, the applicant acknowledges that if any departure from the pre-application consultation carried out with LCC is made, then the application is likely to meet with a negative recommendation from the Highways Department. As a result of this, the proposal drawing attached to this application portrays the radii and the proposed drive width as dictated by LCC Highways – namely 8m/10m radii, and 5m carriageway width within the application site. Should the Local Authority see fit to negotiate internally with LCC over reductions in the radii and carriage width then the applicant would welcome this input.

• Landscaping: By definition, the widening of the driveway within the application (from approximately 3m to 5m) and the formation of the radii required to meet with LCC requirements means the felling of some existing semi-mature trees at the site. As can be seen from the photographs which accompany this Planning Application (refer to Appendix A of this document) and from the application drawing, a total of 4 no. existing trees are proposed to be felled and cleared from the application site. The photographs contained within Appendix A clearly show that the right hand side of the existing access (the Northern side) is currently densely planted with Spruce/Yew trees which would, in any event, benefit from some degree of thinning.

As such, the applicant feels that the proposed thinning can be carried out without detriment to the landscape setting of the school or the proposed revised entrance, as substantial amounts of tree planting remain within the area after the completion of the proposed works. In addition to the above, should the Local Authority see fit, the applicant is happy to accept a landscaping condition requiring the re-planting of shrubs/trees as the Local Authority sees fit. The applicant does, however, formally request that the Local Authority views, on site, the existing landscape status of the area where upon the applicant maintains that the landscape officer concerned will agree that the thinning required can be carried out without detriment to the site setting, or to the setting of the Listed Building.

• Appearance: As can be seen from the photographs contained within appendix A, the existing site entrance constitutes a Tarmacadam road abutment, drop kerbs, and plain stone walls (partially re-built) approximately 15 years ago in cement mortar in the case of the gate piers. The proposal to widen the driveway access involves the dismantling and re-alignment of the right hand side pier into a curved profile as shown within the application drawing. The height and detail of the wall and piers, when reinstated, will remain identical to that portrayed within the photographs within Appendix A. As such, the visual impact/intrusion of the increased entrance width will be minimised. The left hand pier and the left hand side of the access driveway will remain unaltered from the existing alignment and abutment with the carriageway, although the left hand radius does require slight realignment to meet with LCC requirements (refer to application drawing).

• Use: The entire purpose of the alteration of the highway access is to allow two way traffic to utilise this driveway as access/egress. Currently, the school has, for some considerable time, operated a one way system with all traffic entering the school at the Northern site entrance, travelling South in direct proximity to the main Witham Hall School building, before turning left along a gravel track adjacent to the car park and tennis courts to exit the site at the egress point which is the subject of this Planning Application.

The traffic movements relating to these activities can cause considerable congestion within the Village at school arrival/departure times, particularly in respect of queuing for the Northern entrance to the school. In addition, when larger vehicles (coaches or even larger mini buses) from other schools visit Witham Hall School for sports events or similar, these are often unable to enter the School site via the Northern entrance due to the height restriction imposed by the existing gateway/arch features. These are a severe limitation upon safe highways access/egress and, in the longer term, the problems arising from this must be addressed. This Planning Application is intended to address these issues by providing two way access at the Southernmost point of the School site. In doing so, the total number of vehicles accessing the Witham Hall School site over the duration of a given day will be able to do so via two separate points of access as opposed to one single point of access, thus evening-out and balancing up vehicle movements. The proposal will also result in far fewer vehicles passing in close proximity to the existing main school building, reducing in turn maintenance issues with the main school building and the drive in direct proximity to that building, arising out of the volume of vehicles utilising that part of the driveway.

In addition to all of the above, the amended access will also provide adequate access for fire and emergency vehicles, as well as providing essential access for coaches and mini buses carrying pupils from visiting schools for sports and similar events. In short, the proposal, if granted, will transform and radically improve site access/egress at Witham Hall School. It should also be pointed out that the current Planning Application is being considered by SKDC for improved/increased sports facilities at the school and, in some respects at least, this particular application corresponds to that separate Planning Application.

• Access: In the main, issues relating to site access, and the current problems with site access have been dealt with in the paragraphs set out above. With specific regard to emergency vehicle access, however, it is perhaps worth pointing out that the proposal, if granted, would allow much quicker and much improved access for emergency vehicles (both fire engines and ambulances) to the Southern part of the school site, and in particular, to the new sports facilities which are the subject of the separate Planning Application referred to above.

Equally important, the proposal would allow direct and improved access to the existing car park area (previously approved by SKDC’s Planning Authority approximately 5 years ago) and also will provide direct access to the new sports facilities referred to in the separate Planning Application. If granted, the proposal would give improved access for disabled persons, elderly persons, and the general public to access both the school, the grounds of the school, and the new sports facilities.”

In addition the Headmaster has submitted the following:

“When my wife and I took over at Witham Hall in September 1997 we had 112 pupils in Prep (aged 8-13) and 43 pupils in Pre-Prep (aged 4-7). These numbers have risen to 153 in Prep and 84 in Pre-Prep, an overall increase of 53%. The numbers are now capped but obviously we have had an increase in traffic over the years. We have done much to help traffic flow and have built a huge additional car park in the school grounds but there are still periods in the week/term when the flow of traffic through our school causes problems and potential hazards for our neighbours. This is at its worst on Monday mornings as we have little or not boarders on Sunday nights. Outside our entrance on a Monday there is a build up of traffic on the outside road waiting to turn right and left into our entrance. This caused logjams and occasionally frustrated motorists who do not wish to enter our school try to skip the queue invariably encountering someone coming from the opposite direction who has the same idea. Much pumping of horns and hot air van ensue but fortunately, thus far, nothing serious. I have had letters of complaint from neighbouring villagers but currently there is nothing, and believe me we have tried everything, that we can do to help.

There is a solution. We could instantly cut the number of cars entering our main drive by half if this proposal is adopted. Our Pre-Prep (infant) car park is at the very far end of our driveway, so ALL parents, following our one-way system enter using the main entrance. The Pre-Prep parents who, because they deliver their children to the teachers, spend most time in the school, drive all the way through the driveway until just before the exit when they reach their car park. Were we to widen the exit slightly, it would be two way for about 20 to 30 metres and Pre-Prep parents would no longer be using the main entrance. This would split our incoming traffic into two almost equal halves and we would assume almost negate any hold ups for other traffic. We feel there is an accident waiting to happen outside our school and this preventative measure would do much to reduce the chances of that accident and would make us better neighbours than we currently are to all in the surrounding villages.

We gain another additional advantage from widening our exit. Currently coaches find it very difficult to enter our school and this would give them a mode of entry to our largest car park where we would wish them to park. The use of coaches I increasing both by ourselves and visiting teams due to a growing reluctance to use a fleet of minibuses driven by staff who will umpire matches. In terms of risk assessments coaches increase our costs but cut our risks and hence we use them more and more. The many schools we play in matches seem to take a similar view. At present coaches park on the outside road and pupils alight outside the school and then walk into school often crossing the road. This happens many times in a week. The coach will often park there for the during of a match, changing time, tea etc, perhaps 4 hours before departure causing a huge obstacle to all passing traffic. By allowing coaches a mode of entry to our school we alleviate many potential problems. There seems no downside, except cost to us, and many safety improvements if this change is permitted. We have discussed this at length with representatives from planning and from highways and are pleased with their agreement and input and would respectfully ask that this alteration is allowed.

Summary of Reason(s) for Approval

Notwithstanding the comments of the Historic Buildings Advisor, it is considered that the proposed development would not, subject to the conditions attached to this permission, constitute development having a significantly adverse impact on the character and appearance of the boundary wall to the grounds of this Grade II* listed building. The proposal would, therefore, comply with the Central Government Planning Policy Guidance contained in PPG15, Policy BE3 of the Lincolnshire Structure Plan and Policy C6 of the South Kesteven Local Plan.

The issues relating to impact on the character and appearance of the Conservation Area are material considerations but, subject to the conditions attached to this permission, are not sufficient in this case to indicate against the proposal and to outweigh the policies referred to above.

RECOMMENDATION: That the development be Approved subject to condition(s)

1. The works hereby granted consent shall be begun not later than the expiration of three years from the date of this consent. 2. The stone wall shall be rebuilt using a dry-stone construction method and, as far as practicable, materials salvaged from the existing wall or new materials to match those existing.

The reason(s) for the condition(s) is/are:

1. Required to be imposed pursuant to section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990, as amended by section 51 of the Planning & Compulsory Purchase Act 2004. 2. In the interests of maintaining the character and appearance of the historic boundary to Witham Hall, in accordance with Policy C6 of the South Kesteven Local Plan and Policy BE3 of the Lincolnshire Structure Plan.

This application was deferred from the last meeting for Members to undertake a site inspection.

Since the last meeting English Heritage has advised that they do not wish to comment on this application.

As reported to the last meeting, several Members had received representations direct from objectors to the proposal, raising the same issues already stated in this and the report S07/0688/82. In addition, there have been three letters of support for the proposal to widen the access.

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IVW4 S07/0760/82 Date Received: 01-Jun-2007

Applicant The Govs of Witham Hall School C/o Agent Agent Steven Dunn Architects Hadleigh House, High Street, Walcott, Lincoln, LN4 3SN Proposal Construction of hockey pitch and tennis court with access road, car park, shelter and fencing Location Land To South Of Witham Hall School, Witham-on-the-hill

Site Details Parish(es) Witham on the Hill Conservation Area (Policy C9) Site adjoins Conservation Area C Class Road Radon Area - Protection required Area of special control for adverts EN3 Area of great landscape value EN6 Important open area Airfield Zone - No consultation required Drainage - Welland and Nene Adjacent Listed Building

REPORT

Representations Received:

Local Highway Authority: No objection, subject to planning permission being granted for application for widening entrance/exit.

English Heritage (consulted in accordance with statutory requirements as development affects the setting of Grade II* listed Witham Hall School):

“Summary

The parkland setting of Witham Hall School is an important part of the character and appearance of the Conservation Area. The introduction of fences, a car parking area and all weather surfacing will result in the loss of this parkland character permanently and harm the character and appearance of the conservation area.

English Heritage Advice

The parkland setting of Witham hall School is characteristic of country houses from the C18, in this case giving a rural backdrop to the more formal landscaped gardens. The house and park have an unusually close relationship with the village, and this informs the character and appearance of the conservation area.

The characteristic of this type of parkland is essentially one of pasture dotted with mature trees. It is intended to be informal and provide a scene of rural idyll for the formal house at the centre of the estate. In this respect, the introduction of large areas of hard surfacing and chain link fencing runs entirely contrary to this character.

Traditionally hockey pitches were unfenced and grassed. Such an arrangement could be accommodated within the parkland without harming its character. Where car parking is needed, grass could be maintained by introducing a honeycomb mesh into the surface which will provide a tough, durable surface suitable for parking whilst retaining the grass underneath, obviating the need for further hard standing materials. Alternatives for the tennis courts are less readily apparent. Their location however, tucked as they are into the corner of the field adjacent to the mature trees, causes least harm.

Recommendation

English Heritage advise that the proposals as currently submitted should be refused due to the harm they will cause to the character and appearance of the conservation area and the setting of Witham Hall. We anticipate however that an acceptable scheme could be accommodated along the lines we have set out.”

Parish Council:

“Has an archaeological survey been carried out given the proximity of a Roman Fort site and the visible humps on the proposed area (possible burial site)?

Drawings do not show location of earth bunds – how high are they to be and are they to be positioned to shelter nearby houses from noise?

Height of the fencing is felt to be excessive at 3m and 5m.

The proposed shelter is not indicated on the drawings.

Many parishioners including those at the meeting on June 7 feel that the continued expansion of the school is changing perceptions of the traditional way of life in this conservation village. The proposal creates an imbalance between the interests of the school and those of the residents of the village.

Could the required facilities be supplied by redesigning areas within schools current boundaries, particularly the area at the back end of the cricket field (including scrub land).”

Representations as a result of publicity:

The application has been advertised in accordance with statutory requirements, the closing date for representations being 6 July 2007.

A total of 16 representations have been received in connection with this proposal, raising the following issues:

1. Proposals contrary to preservation of Conservation Area. (3)

2. Increase noise and disturbance to village residents. (3)

3. Increase in traffic will compromise road safety in the village. (5)

4. Site is ancient parkland in the curtilage of a listed building and should not be built upon. (1)

5. Sports pitches should be built on land to west of existing playing fields to west of village. (2)

6. School already has sufficient sports facilities. (1)

7. Access to the proposed sports facilities should be from west of village off Little Bytham Road. (2)

8. Proposal could set a precedent for further development on remainder of parkland. (1)

The application site and its surroundings

The application relates to a 1.5 hectare area of pasture land to the south of Witham Hall School and within its historic curtilage.

The land rises gently upwards from the north and contains several groups of mature trees. There is a shrub filled depression towards the south western corner of the site and, nearby, a mound just outside the site which is believed to have been the base of a former post-mill.

There is an existing formal entrance with ornamental iron gates and stone pillars into the area subject of the application.

To the east is the remainder of the pasture land and to the south open agricultural land. To the west and north-west are the school’s existing sports fields.

The majority of the land subject of the application lies within the Witham on the Hill Conservation Area. Only part of the existing and a short length of the proposed access drive to the proposed sports facilities falls within an area covered by a Policy EN6 designation.

Site History

There is no relevant planning history.

The Proposal

The proposal is to construct new sports facilities for the school, including an all weather hockey pitch, four tennis courts and a parking area for 28 cars.

The reasons for the proposed development are set out in the applicants accompanying statements (see below).

The schools existing sports facilities are made available for other schools to use and, on occasions, the local authority and the intention is that this would be the case with the proposed facilities.

Policy Considerations

Central Government Guidance

PPS1: Planning – General Policy and Principles.

PPG13: Transport.

PPG15: Planning and the Historic Environment.

PPG16: Archaeology and Planning.

Lincolnshire Structure Plan

Policy BE3: Protection of the Historic Built Environment

• Listed buildings will be protected from demolition, inappropriate alteration or other adverse change to their character or setting. • Conservation areas and their settings including views into and views from them will be protected from development damaging to their character or appearance.

South Kesteven Local Plan

Policy C9:

1 PROPOSALS TO DEMOLISH, OR PARTIALLY DEMOLISH, ANY BUILDING WHICH MAKES AN IMPORTANT CONTRIBUTION TO THE STREET SCENE, ENVIRONMENTAL QUALITY OR CHARACTER OF THE AREA WILL NOT NORMALLY BE PERMITTED; AND

2 APPLICATIONS FOR PLANNING PERMISSION FOR DEVELOPMENT WILL BE CONSIDERED HAVING REGARD TO:

i) THE EFFECT OF THE PROPOSAL ON THE CHARACTER AND APPEARANCE OF THE AREA; ii) THE APPROPRIATENESS OF THE PROPOSAL IN TERMS OF DESIGN, SCALE AND MATERIALS; AND iii) THE IMPACT OF ANY NEW USE ON THE AREA.

Policy EN1: Protection and Enhancement of the Environment.

Policy EN3: Areas of Great Landscape Value.

Policy EN6: Open Areas Important to the Character and Setting of Built-up Areas.

Key Issues

The main issue with this proposal is the impact on the character and appearance of the Conservation Area and the setting of the grade II* listed Witham Hall.

Inevitably there will be an impact. The question is if it will be significant and adverse enough to justify refusal of planning permission.

It should be noted that English Heritage do not oppose the principle of the school extending their facilities into the application area only the use of all weather surfacing and the type of fencing to be used. However, at the time of writing, the applicants are in direct discussions with English Heritage with a view to overcoming their objection.

Applicants Submission

Design and Access Statement

• The Proposed Development: The proposal in hand on this occasion is the widening and alteration to Lincolnshire County Council Highways Department’s requirements of the Southern access point to Witham Hall School.

Following pre-application consultation between the School Governors and Mark Heaton of Lincolnshire County Council Highways Department, agreement in principle has been made that the amendments proposed to the access arrangements can be carried out. The fundamental purpose of these amendments is to allow the access in question to safely serve for two way traffic access (the existing access as utilised for one way traffic only).

• Location/Layout: The existing site access lies towards the South Easternmost corner of the existing Witham Hall School and is identified clearly within the site location plan attached to appendix B of this statement. The site access terminates at its abutment with the main highway through Witham on the Hill Village adjacent to New Home Farm and the Sycamores. Details of the access (and the proposed alterations thereto) are clearly identified within the drawing which accompanies the Planning Application to which this statement relates.

• Scale and Proportion of the Proposal: The scale and proportion of the proposal have been dictated to a very large extent by the pre-application negotiations with Lincolnshire County Council’s Highway’s Department. Although the radii utilised within the proposal drawing (refer to Planning Application package) have been dictated by the Highways Department (10m and 8m respectively). The applicant does feel that these perhaps over-cater for the minimal number of vehicles likely to utilise the access concerned. Notwithstanding the above, the applicant acknowledges that if any departure from the pre-application consultation carried out with LCC is made, then the application is likely to meet with a negative recommendation from the Highways Department. As a result of this, the proposal drawing attached to this application portrays the radii and the proposed drive width as dictated by LCC Highways – namely 8m/10m radii, and 5m carriageway width within the application site. Should the Local Authority see fit to negotiate internally with LCC over reductions in the radii and carriage width then the applicant would welcome this input.

• Landscaping: By definition, the widening of the driveway within the application (from approximately 3m to 5m) and the formation of the radii required to meet with LCC requirements means the felling of some existing semi-mature trees at the site. As can be seen from the photographs which accompany this Planning Application (refer to Appendix A of this document) and from the application drawing, a total of 4 no. existing trees are proposed to be felled and cleared from the application site. The photographs contained within Appendix A clearly show that the right hand side of the existing access (the Northern side) is currently densely planted with Spruce/Yew trees which would, in any event, benefit from some degree of thinning.

As such, the applicant feels that the proposed thinning can be carried out without detriment to the landscape setting of the school or the proposed revised entrance, as substantial amounts of tree planting remain within the area after the completion of the proposed works. In addition to the above, should the Local Authority see fit, the applicant is happy to accept a landscaping condition requiring the re-planting of shrubs/trees as the Local Authority sees fit. The applicant does, however, formally request that the Local Authority views, on site, the existing landscape status of the area where upon the applicant maintains that the landscape officer concerned will agree that the thinning required can be carried out without detriment to the site setting, or to the setting of the Listed Building.

• Appearance: As can be seen from the photographs contained within appendix A, the existing site entrance constitutes a Tarmacadam road abutment, drop kerbs, and plain stone walls (partially re-built) approximately 15 years ago in cement mortar in the case of the gate piers. The proposal to widen the driveway access involves the dismantling and re-alignment of the right hand side pier into a curved profile as shown within the application drawing. The height and detail of the wall and piers, when reinstated, will remain identical to that portrayed within the photographs within Appendix A. As such, the visual impact/intrusion of the increased entrance width will be minimised. The left hand pier and the left hand side of the access driveway will remain unaltered from the existing alignment and abutment with the carriageway, although the left hand radius does require slight realignment to meet with LCC requirements (refer to application drawing).

• Use: The entire purpose of the alteration of the highway access is to allow two way traffic to utilise this driveway as access/egress. Currently, the school has, for some considerable time, operated a one way system with all traffic entering the school at the Northern site entrance, travelling South in direct proximity to the main Witham Hall School building, before turning left along a gravel track adjacent to the car park and tennis courts to exit the site at the egress point which is the subject of this Planning Application.

The traffic movements relating to these activities can cause considerable congestion within the Village at school arrival/departure times, particularly in respect of queuing for the Northern entrance to the school. In addition, when larger vehicles (coaches or even larger mini buses) from other schools visit Witham Hall School for sports events or similar, these are often unable to enter the School site via the Northern entrance due to the height restriction imposed by the existing gateway/arch features. These are a severe limitation upon safe highways access/egress and, in the longer term, the problems arising from this must be addressed. This Planning Application is intended to address these issues by providing two way access at the Southernmost point of the School site. In doing so, the total number of vehicles accessing the Witham Hall School site over the duration of a given day will be able to do so via two separate points of access as opposed to one single point of access, thus evening-out and balancing up vehicle movements. The proposal will also result in far fewer vehicles passing in close proximity to the existing main school building, reducing in turn maintenance issues with the main school building and the drive in direct proximity to that building, arising out of the volume of vehicles utilising that part of the driveway.

In addition to all of the above, the amended access will also provide adequate access for fire and emergency vehicles, as well as providing essential access for coaches and mini buses carrying pupils from visiting schools for sports and similar events. In short, the proposal, if granted, will transform and radically improve site access/egress at Witham Hall School. It should also be pointed out that the current Planning Application is being considered by SKDC for improved/increased sports facilities at the school and, in some respects at least, this particular application corresponds to that separate Planning Application.

• Access: In the main, issues relating to site access, and the current problems with site access have been dealt with in the paragraphs set out above. With specific regard to emergency vehicle access, however, it is perhaps worth pointing out that the proposal, if granted, would allow much quicker and much improved access for emergency vehicles (both fire engines and ambulances) to the Southern part of the school site, and in particular, to the new sports facilities which are the subject of the separate Planning Application referred to above.

Equally important, the proposal would allow direct and improved access to the existing car park area (previously approved by SKDC’s Planning Authority approximately 5 years ago) and also will provide direct access to the new sports facilities referred to in the separate Planning Application. If granted, the proposal would give improved access for disabled persons, elderly persons, and the general public to access both the school, the grounds of the school, and the new sports facilities.”

Supplementary Statement

INTRODUCTION

Witham Hall (also known as Witham Hall School) was originally built between 1752 and 1756 on a much smaller floor plan than the existing building. The building was subjected to a radical series of alterations at the hand of A. M. Prentice, between 1903 and 1905. The alterations included the amendment of the (previously rectangular) floor plan of the building to an ‘H’ shaped plan format and the addition of an Eastern wing of the building. The house was occupied for a substantial part of this time by the Johnson family, descendents of Arch Deacon Johnson, founder of both Oakham and Uppingham Schools. The building has been used for over 50 years as a private Preparatory School for Boys and Girls, and it is this current thriving use, which leads to the requirement for the sports facilities which form the subject of the Planning Application currently in hand.

The landscape setting of Witham Hall is relatively modest. The formal landscaped grounds (to the East of the main house) extend to approximately 1/3 acre and comprise lawns, hard landscaped footpaths, and a sunken pond/water feature. Beyond the formal gardens to the East, the Hall grounds are randomly landscaped with dense tree planting which has been carefully maintained and managed by the School Governors on behalf of the building owners, the Banks family.

To the West of Witham Hall mature tree planting in an informal arrangement exists, complimented by a semi-formal arrangement of more recent tree planting in an Arc format, running approximately North/South along the Western boundary of the cricket wicket. To the South of Witham Hall dense informal landscaping hides the site of the portal framed building which serves as the School’s sports hall, and substantial areas of land to the West of Witham Hall are currently occupied by the School’s sports facilities – cricket wicket, running track, hockey pitch, golf course etc. All of these facilities are visible within the Ordnance Survey Plan attached to the initial Planning Application and, to some extent, within the aerial photograph attached to Appendix A of this document.

The formal approach to Witham Hall runs parallel with the primary elevation of the hall building so that the building is approached directly from the North. This approach (a modest gravel drive, maintained by the School Governors) is characterised by a vista of pseudo-Jacobean arches dated 1876, 1830 and 1906. These arches serve to accentuate and characterise the linear approach to the Hall which is uncharacteristic in so far as the impact of the Hall building itself is minimised on account of this being offset to the left of the main approach. This approach is peculiar to Witham Hall and perhaps reflects the modesty of the hall and its landscaped setting.

THE PROPOSAL

The proposal in hand on this occasion is the formation of all weather surface Hockey and Tennis Courts to the immediate south West of the main Witham Hall building as identified within the aerial photograph attached to Appendix A of this statement. At their closest, the new facilities are sited approximately 70m away from the main Witham Hall building within open parkland to the South of the Hall grounds and within land beyond the ownership of the School, or the Banks family (the current owners of Witham Hall). It is perhaps important to stress that the site area concerned, has (although informally landscaped and retained as open parkland/pasture) never been part of the ownership of the Witham Hall estate and as such, the informal landscaping within this area does not relate directly to the occupancy of Witham Hall.

As can be seen from the photographs contained within Appendix A of this report, the application site has been carefully selected for the following reasons:

1. The application site is in close proximity to the existing sports facilities at the school.

2. The application site is located in an area where the proposal will have a minimal impact upon the Hall building, the existing landscape setting, and upon the Conservation Area.

3. The application site will allow the facilities proposed to be constructed with a minimal impact upon the landscape setting, and with minimal disruption or removal of existing landscape features. In particular, (and as can be seen from the application drawings) the facilities have been located in a manner which preserves, wherever possible, existing landscape features. In particular, with respect to the four substantial mature trees to the East of the proposed courts, these are retained unaltered and uncompromised by the proposal.

4. The site can be served by an existing gated access, retaining and developing upon the symmetry of the existing main Hall access and reinforcing the tradition of the three pseudo-Jacobean arches referred to above.

As can be seen from the aerial photograph contained within Appendix A, a substantial area of land to the West of Witham Hall is currently allocated to sporting activities relating to the long established use of Witham Hall as a Public School. The revenue generated by the School is influential in enabling the substantial and ongoing maintenance of the School’s grounds to be upheld, and all aspects of the grounds (including several hundred mature trees) are maintained by the Governors to the highest possible standard, including full landscape management plans, maintenance plans, maintenance agreements, etc. all as required to properly manage the surrounding landscape. These plans have seen the long term future of the Hall and its landscape setting established and secured over the last 10-12 years.

The proposed application site is in close proximity to the existing facilities and, if permitted, the facilities created will allow the School’s growing sporting prowess unimpeded expansion, thus adding to the logical growth and expansion of Witham Hall School and the facilities this can offer to its pupils.

The expansion of sports facilities into the land area directly adjacent to the existing sports facilities is also entirely logical, and can be carried out without unduly affecting the landscape setting, or the Parkland location of the proposed facilities. Upon completion it is the applicant’s assertion that the proposed facilities will be all but invisible from ground level at any position, and this view is reinforced and sustained by the photographs contained within Appendix A of this statement which clearly shows the site area, and the minimal impact which the chain link fence surrounding the facilities is likely to have upon the views and vistas around the application site. By example (please refer to Appendix A – Photographs) the fence around the existing Tennis Courts is virtually invisible within the landscaped backdrop. Refer specifically to photographs 11 and 12.

It is also important to stress that the courts and car parks will be constructed using techniques of minimal intrusion into the soil surface, and in the case of the car park area in particular, pre-application consultation with the Council’s Tree Officer has dictated that this shall be built-up above existing ground levels only, without below ground excavation – primarily to preserve the root growth and crown spread of the mature trees in proximity of this particular element of the proposal.

CONCLUSION

In conclusion, over the last 50 years, the Witham Hall Building has become dedicated to its current use as a Public Preparatory School for which the main Hall, and its surrounding buildings and land provide almost perfect facilities.

The land surrounding the School (particularly to the Western side) has become dedicated to a fundamental part of the Children’s education – that of sporting activities. The expansion of those sporting activities into the application site area will allow the School’s sporting prowess to grow and as identified above, and within the separate Design and Access Statement which accompanied the original Planning Application, it is the applicant’s assertion that these facilities can be constructed with minimal impact upon the hall and upon the surrounding Conservation Area.

Given the natural progression and adaptation of Witham Hall to its current use, the expansion of the sporting facilities in the manner proposed by the current Planning Application is entirely logical, in sympathy with historic precedent, and can be carried out without unduly affecting either the Witham Hall building or the Witham Hall Conservation Area. The proposed development merely constitutes the latest stage in the adaptation of Witham Hall and the surrounding land to meet the developing needs of its everyday users.

Summary of Reason(s) for Approval The proposal is in accordance with national and local policies as set out in Planning Policy Guidance Notes PPG15 (Planning and the Historic Environment), PPG13 (Transport) and PPG16 (Archaeology and Planning), Policy BE3 of the Lincolnshire Structure Plan and Policies C2, C9, EN1, EN3 and EN6 of the South Kesteven Local Plan. The issues relating to highway safety, residential amenity and character of the conservation area are material considerations but, subject to the conditions attached to this permission, are not sufficient in this case to indicate against the proposal and to outweigh the policies referred to above.

RECOMMENDATION: That the development be permitted subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. This consent relates to the application as amended by block plan received on 7 August 2007. 3. Before development hereby permitted is commenced sectional drawings, both east- west and north-south, shall be submitted to the local planning authority showing before and after ground levels of the site. The development shall be undertaken strictly in accordance with such details as may be agreed in writing. 4. No development shall take place upon the application site until the applicant has secured the implementation of a programme of archaeological work, in accordance with a written scheme of investigation, which has been submitted by the applicant and approved by the District Planning Authority. 5. Before the development hereby permitted is commenced, all existing trees on the site to be retained shall be fenced off to the limit of their branch spread and such fencing shall remain in place throughout the development period. No works (including the removal of earth) storage of materials (including soil), vehicular movements or siting of temporary buildings shall be permitted within these protected areas during the development period. 6. The hedge planting alongside the first leg of the access road shall be undertaken to a specification to be agreed in writing (to include species, heights on planting and vermin protection measures) with the local planning authority, in the first planting season following commencement of the development. If any of the plants, within a period of five years from completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation. 7. The driveway shall be constructed and surfaced only in accordance with details to be agreed in writing with the local planning authority. 8. Before the equipment store shown on the submitted drawing is erected on the site the details of its design and materials of which it is to be constructed shall be agreed in writing with the local planning authority. Only such materials as may be agreed shall be used in the construction of the store. 9. Notwithstanding the provisions of Part 32 of the Town and Country Planning (General Permitted Development) Order 1995, no buildings other than those expressly approved by this permission shall be erected on the application land.

The reason(s) for the condition(s) is/are:

1. Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990, as amended by section 51 of the Planning & Compulsory Purchase Act 2004. 2. For the avoidance of doubt. 3. To ensure a satisfactory development in the interests of the surrounding area.

4. To ensure that satisfactory provision is made for the evaluation, investigation, preservation (in situ where necessary) and recording of any possible archaeological remains on the site and in accordance with Policy C2 of the South Kesteven Local Plan. 5. To ensure that the trees are not damaged during the development period and in accordance with Policy EN1 of the South Kesteven Local Plan. 6. To ensure a satisfactory screen to the first section of the access road and in the interests of the character and appearance of the Conservation Area, in accordance with Policy C9 of the South Kesteven Local Plan. 7. To ensure that the type of construction and surfacing material are appropriate for this location within the Witham on the Hill Conservation Area, in accordance with Policy C9 of the South Kesteven Local Plan. 8. To ensure that the design and materials to be used are appropriate for this Conservation Area location, in accordance with Policy C9 of the South Kesteven Local Plan. 9. The local planning authority wish to be in a position to assess the impact any additional buildings or structures would have on the character and appearance of the area, in accordance with Policy C9 of the South Kesteven Local Plan.

Note(s) to Applicant 1. You are advised that the application site falls within an area which requires protection from Radon. You are advised to contact the District Council's Building Control Services to ascertain the level of protection required, and whether geological assessment is necessary.

This application was deferred from the last meeting for Members to undertake a site inspection.

At the last meeting it was reported that discussions had taken place between the applicants and English Heritage with a view to overcoming their concerns with the proposal.

The applicant’s Agent submitted a record of the outcome of those discussions which English Heritage have confirmed to be accurate. The Agent’s letter reads as follows: -

“Following a series of telephone conversations between Hugh Palmer and Clive Fletcher (English Heritage) I am pleased to confirm that the following has been agreed. In principle, to be confirmed in documents forwarded to you at the beginning of next week:

• With regard to the fencing of the Hockey Pitch, it has been agreed that the fencing previously proposed will be deleted from the scheme and replaced with a timber “kick” board. The timber board will be 300mm high and will be concealed on the inner edge by an upturn in the green synthetic surface which will conceal this from view. Details of this will be provided to you early next week.

• Hugh Palmer has explained to Mr Fletcher that a grassed surface for the Hockey Pitch is impractical for a number of reasons. Furthermore, Hugh Palmer has explained that grassed sports surfaces no longer meet with the current recommendations for Hockey pitches for numerous Health & Safety and disabled access reasons. I understand, therefore, that it has been accepted in principle that the green synthetic/sand filled carpet finish currently proposed can be allowed on this occasion.

• I addition to the above, I understand that it has been agreed that, in principle (and subject to the submission of revised drawings to yourself including the appropriate site area within the application site identified) that the existing chain-link fencing to the existing Tennis Courts (in very close proximity to the main school building) will be removed. This removal will result in a dramatic improvement in the views of the school which are currently impeded by the existing fence.

• For the avoidance of doubt, it has been agreed with Clive Fletcher that the Tennis Courts can be fenced in accordance with the current proposal.”

As mentioned above, English Heritage have confirmed that this letter is an accurate record of the outcome of the discussions.

In their representations several objectors took issue with the description of the application land as “pasture” and suggested that it should more appropriately be described as “ancient parkland”. In response to this the applicants have researched the public archives and have established that, as far back as records could be found, the land has been described as follows: -

- “-in 1748 the site was part of fields intended to be ‘inclosed’ - -in the 1800’s the site was part of the enclosed lands held by the Johnson family - - in 1905 (OS map) the site is shown as lying outside the gardens of Witham Hall - - in 1934, when the Witham Estate was split up and sold, the application site formed part of lot 2, described as The Home Farm, 261 acres. More specifically, it was included with plot 65 (40.820 acres) which was described in the sale particulars as pasture”.

It was also reported to the last meeting that numerous letters had been sent to the Chairman and other Members by objectors to the proposed development. Those letters reiterated the issues already listed in the report. In addition, two letters in support of the proposals have been submitted.

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IVW5 S07/0809/19 Date Received: 12-Jun-2007

Applicant Dr D Burston C/o Agent Agent P J Frampton, Framptons Oriel House, 42, North Bar, Banbury, Oxfordshire, OX16 0TH Proposal Erection of 15 affordable dwellings Location The Old Quarry, Castle Bytham

Site Details Parish(es) Castle Bytham C Class Road Radon Area - Protection required Minerals Consultation Area - MC1 Area of special control for adverts E7 Employment - rural areas EN3 Area of great landscape value EN8 Wildlife and geological site Airfield Zone - No consultation required Adj site of sp scientific interest - SS2

REPORT

Representations Received:

Local Highway Authority: Requests three conditions (See below)

Housing Solutions:

“I would comment on the requirements for affordable housing in Castle Bytham as follows:

Fordhams Housing Needs published February 2006 Morkery Ward

Housing Needs 35 Supply 18 Total need per annum 17

Housing Register

1 bedroomed flat 147 (20 with a direct local connection) 2 bedroomed house 164 (32 with a direct local connection) 3 bedroomed house 62 (14 with a direct local connection) 4 bedroomed house 25 ( 7 with a direct local connection) 2 bedroomed bungalow 40 ( 9 with a direct local connection) (aged over 50 years)

the above figures represent an ‘interest’ in affordable housing. Previous discussions have taken place on this site and I attach copies for your information. The affordable housing will be the subject of S.106 agreement in terms of number of units, tenure, size and remaining affordable in perpetuity under the Rural ‘Exceptions’ Policy.

The land owner would be required to work in partnership with a South Kesteven District Council approved Registered Social Landlord (RSL). The affordable housing would also need to meet Housing Corporation standards. The RSL would be required to own the completed units and abide by the S.106 agreement.

The current tenure mix for affordable housing is 60% rented and 40% shared ownership”.

Lincolnshire County Council, Directorate for Development: Comments awaited.

Lincolnshire County Council, Minerals Consultation Section: No comments to make.

Lincolnshire County Council: Education Authority:

“The development would result in a direct impact on Local Schools. The PPR calculation indicates that 2 Primary and 2 Secondary School Places will be required as a direct consequence of this development. A capital contribution of £19,099 is required as without it the education infrastructure will be unable to match pupil numbers”.

Primary Care Trust: Comments awaited (Notified 16 June 2007)

Street Scene Services:

"Developer to provide a LAP standard play area to NPFA six acres standards or, alternatively, pay a commuted sum towards an equivalent off-site provision".

Community Archaeologist: Proposal does not affect any known archaeological remains.

Natural England: No objections but requests 2 conditions (See below).

Lincolnshire Wildlife Trust:

“We would not expect the proposal to have an effect on the nature conservation interest of the SNCI as long as works vehicles do not encroach onto the site. The views of the statutory conservation agency, Natural England, should be sought regarding Castle Bytham Quarry SSSI before permission is granted.

The primary concern of the Trust in connection with this scheme is to ensure that works have no adverse effects on protected species or habitats; in particular in this case great crested newts, badgers and reptiles. Great crested newts may be present in nearby ponds. Great crested newts are protected under both UK and European legislation. It is an offence to kill, injure or disturb great crested newts or obstruct access to places used for shelter. Suitable habitat within a 500 metre radius of any pond used by great crested newts must be treated as falling within the feeding territory of the population. If great crested newts are present a licence may be necessary from Natural England to carry out work in a zone up to 500 metres from the pond.

Badgers and their setts are protected by law and so a survey should be carried out to determine whether badgers use the site. If badgers are found, appropriate mitigation measures would be required.

Reptiles are protected by law from killing and injury, and so a reptile survey should be carried out to determine whether they use the site. If reptiles are found, appropriate mitigation measures would be required.

It should also be noted that as breeding birds, their eggs and unfledged young are protected by law; clearance work should be avoided during the bird-breeding season (March to end of August).

We would recommend carrying out an ecological survey, at the appropriate time of year prior to any works, to determine whether any protected species are present and to ensure that mitigation measures are implemented if appropriate”.

Parish Council:

“The Councillors felt they could not comment properly as they needed a definition of affordable dwellings; does it mean below market value? What is for this area? The application is for fifteen dwellings; is it possible to restrict the number of houses to fifteen as a maximum for the Quarry site in the future?

There is also a mismatch between the number of houses applied for and the two plans, which show seventeen and eighteen houses respectively.

There will be a Public Meeting in the Village Hall on Friday July 13th at 7pm; Dr Burston’s team will be invited to attend and the Parish Council would also welcome a representative from SKDC if that were possible.

After consulting with the villagers and their questions answered by your Department, the Councillors would be in a position to comment on the two applications at the full meeting of the Parish Council on July 18th. This is assuming the deadline for comments can be postponed; I have put this request in an e-mail to your office. Would it be possible to have answers to the Councillors’ queries before the Public Meeting takes place? The Parish Council would be most grateful”.

Representations received as a result of publicity:

The application has been advertised in accordance with statutory requirements as a ‘Major Development’ (over 10 dwellings) departure from Development Plan. The closing date for representations under the ‘Departure’ advertisement is 24th August 2007.

At the time of writing, two representations objecting to the proposed development have been received raising the following issues: a) Proposed development out of keeping with the character of the area. (1) b) Increased traffic would have adverse impact on local environment, highway network. (1) c) Increased noise and disturbance to local residents. (1) d) Contrary to Local Plan. (1) e) Local residents do not support proposal as applicant claims. (1) f) Is site safe to build houses on? (1) g) Main aspect of nearby dwellings is facing road, not open countryside, as stated in supporting Design and Access Statement. (1) h) Statement that there are no houses of significance in the immediate vicinity is incorrect as there are several large dwellings along two side of the site. (1) i) Approving application would make it difficult to refuse further housing on site which should be used to provide employment opportunities for locals. (1) j) Proposal contrary to Local Development Framework Core Strategy Preferred Options Visions and Objectives. (1)

The application site and its surroundings

The 0.67 Ha. Application site is an elongated strip of land located at the northern end of a disused limestone quarry on the south side of the historic core of Castle Bytham.

The northern site boundary is defined by a former railway line in deep cutting and the application land is elevated in relation to the remainder of the redundant quarry to the south, which is designated and Site of Special Scientific Interest. The application land is overgrown and contains the now derelict former weighbridge, lime kilns and small ancillary quarry buildings.

Beyond the former railway line are residential properties either fronting onto or served off Station Road.

There are several modern residential properties on the opposite, eastern side of Station Road. Site History

The whole of the former quarry in which the application site is located is allocated in the 1995 Local Plan for employment development and benefits from an extant Reserved Matters approval (S.04/0382/19) granted in July 2005 for Class B1 (Business), B2 (General Industry) and B8 (Storage and Distribution) development.

The Proposal

Outline planning permission is sought for the erection of 15 Affordable dwellings.

The indicative layout plan, that does not form part of the application, shows dwellings arranged in a curving linear fashion, backing onto the railway cutting and served by a new estate road off an existing access onto Station Road. The proposed dwellings would, with the exception of those at the north- western end of the site, overlook the former quarry.

Policy Considerations

Central Government Guidance

PPS 1 - Delivering Sustainable Development

PPS 3 – Housing

PPS 7 – Sustainable Development in Rural Area

PPS 9 – Biodiversity and Geological Conservation

Rural Exceptions Policy

Lincolnshire Structure Plan

Policy S1 – Promoting Sustainable Development

Policy S2 – Location of Development

Policy S4 – Rural Communities

Policy H4 – Affordable Housing Provision

Policy NE3 – Sites of Nature Conservation Importance

South Kesteven Local Plan

Policy H8 – Affordable Housing

Policy E7 – Allocated land for new Industrial and Business development

Policy EN1 – Protection and Enhancement of the Environment

Policy EN3 – Areas of Great Landscape Value

Policy EN8 – Protection of Wildlife and Geological Sites

The Planning Policy Section have commented on the Policy issues raised by this proposal as follows:

“The application sites forms part of an employment allocation (E 7.9) in the South Kesteven Local Plan (adopted 1995). Policy E7.9 allocates site specifically for employment and industrial uses, and in this case reflects an outstanding planning consent (at the time the Local Plan was adopted). This consent has been subsequently renewed, however, no development has occurred on site to implement the consent. The application is therefore contrary to policy E7.9 of the adopted local plan. It should be noted, however, that the policy approach relating to new employment allocations within the emerging Local Development Framework (LDF) is much more focussed upon the four towns of the district, and it is unlikely that the LDF will include employment allocations in the smaller settlements. As such it is unlikely that this site will be reallocated in the LDF.

Planning Policy has, together with Housing Solutions had discussions with the applicant about the potential for housing development on the whole of the quarry site. This has been consistently resisted as it is felt that both the location and nature of the site is unsuited for large-scale residential development. The Interim Housing Policy (adopted June 2005) is particularly relevant to the consideration of housing development here. Castle Bytham does not have the full range of local services and facilities to be classed as a Local Service Centre (LSC) in the Interim Housing Policy, it is not therefore a settlement where housing development is considered acceptable, unless it is a “rural exception” site for affordable housing to meet a proven local need (reference policy H8 of the adopted local plan).

The application site is confined to the northern most part of the site, and the higher part of the quarry. As such a small affordable housing development here would relate well to the existing village and is in close proximity to the local services that are available in Castle Bytham. In light of the recognised need to affordable housing within the village (and on this matter I refer to Mandy Gee’s comments upon the level and mix of housing need) I consider that the proposal is consistent with many of the requirements of policy H8 Affordable Housing.

Specifically that: • It is written or adjoining an existing settlement • It is a site which would not normally be released for general housing • Its would meet a proven local need • The site is well related to the existing form of the settlement • Its location would not spoil the landscape setting • And it is a location where public services are available

The following three outstanding requirements of policy H8 must be considered in more detail:

• That it is a small site. A small site is normally considered to be a site of less than 10 houses. I therefore question whether a site of 15 houses can be considered small, however there is an identified need for 17 affordable units, which this proposal goes most of the way towards meeting. If this scheme where smaller there would be a need to identify an additional affordable housing site within the area (see next bullet point)

• That no other more suitable site is available to meet the need: The Policy team is currently in the early stages of identifying and assessing sites with potential to allocate for housing (including for affordable housing) within the Site Specific Allocations DPD part of the LDF. However this work is in the very early stages and as yet sites have not been subject to full assessment or public consultation. In the absence of this evidence it is not possible to say whether there are alternative more appropriate sites available within the village. • And that the benefits of affordability pass on to subsequent occupants. This matter is dealt with in Mandy Gee’s response. If the application is approved the future occupancy should be controlled via a S.106 obligation to ensure that the houses remain affordable in perpetuity.

Conclusion

The site is currently allocated for employment use in the adopted local plan. Castle Bytham is not a LSC, and as such general market housing would not be acceptable on this site. However, policy H8 of the adopted local plan does allow for the development of small scale affordable housing schemes on sites which would not normally be considered acceptable. Whilst I question whether the development of 15 units can be considered “small scale” there is a proven need for a total of 17 units in this locality. The proposal satisfies all other aspects of policy H8 and will deliver most of the affordable housing requirements of the ward. I therefore consider the scheme is acceptable in policy terms, however, if planning permission is granted an S.106 must be agreed to restrict the future occupancy of the dwellings”.

Other Policy Considerations

Rural Exceptions Policy

APPLICANTS SUBMISSION:

1. INTRODUCTION

1.1 Planning application

1.1.1 Castle Bytham has existing planning consent for B1 development of the site, including twenty-five industrial units accessed from a new junction with Station Road to the south of the site. This Design Statement describes alternative proposals for part of the site for residential developments, which would have less impact and is considered by many to be a more appropriate development use within the village of Castle Bytham. The proposed residential development for which planning permission is sought would replace eight of the industrial units in the northern part of the site.

1.1.2 A Community Health Centre is proposed in the south-eastern corner of the site, which is the subject of a separate planning application and design statement.

1.2 The brief

1.2.1. The proposals are for 15 houses, of which a proportion would be targeted at the more affordable end of the market, and landscape works to the quarry to separate the proposed housing from the industrial development.

1.3 Overall context

1.3.1 Castle Bytham has evolved in two parts: the historic village centre north of the railway, and the area of Clipsham Road south of the main centre, which is separated from it by the railway and the quarry. Station Road, which links the two parts and is one of the main access routes to the village, has recently been subject to low-density residential infill on the eastern side opposite the quarry. The quarry, then, occupies a strategic position between the two parts of the village, and offers the potential to consolidate the residential development that has begun to link it together.

1.4 Broad design approach

1.4.1 The quarry offers potential for a mixed use with housing and employment. The proposal provides an opportunity to secure affordable housing within the village together with two work place homes. This Design Statement sets how residential development could provide a range of new housing, which is appropriate to its setting within the village.

CONTEXT ASSESSMENT

Physical

Location and access

2.1.1. The quarry site occupies 7.4 ha alongside Station Road between the southern and northern parts of the village. The current main access point is on Station Road close to the northern boundary with the railway cutting and there is a second access gate to the south about 120 metres from the junction with the Clipsham Road. The approved access for the industrial development is close to this second access point. Landscape

2.1.2. Most of the quarry area has been excavated to a depth of about 14 metres below the original ground level. Areas of the original surface remain along the northern, southern and eastern edges of the site: the northern area is proposed for residential development.

2.1.3 There are belts of trees along the northern and southern boundaries, which visually separate the site from its immediate surroundings. Scrub vegetation covers the remaining natural land surfaces. A continuous field hedgerow forms the whole length of the boundary to Station Road. Spoil heaps and earthworks within the quarry leave much of it totally denuded of vegetation.

2.1.4 The underlying landform north of the site, in the historic centre of the village, falls to the north of the river Tham, which flows westwards to join the Glen River system at Little Bytham. It presents a very hummocky character of a sheltered and intimate quality, which has strongly influenced the appearance of the village centre. To the south, the landscape has more the character of a high plateau with longer views and greater exposure. A similar character extends to the west, with a pattern of fields and hedgerows that adjoin the village and the quarry boundary.

2.1.5 The quarry was cut out of the rising land south of the village to retrieve limestone. While of limited landscape or ecological value, it is designated a Site of Special Scientific Interest (SSSI) for the geological importance of its exposed cliff faces. The cliff sides have significant effect on the environment of the quarry interior, casting sun shadows from the south and west.

Townscape context

2.1.6 There are no structures of significance within the quarry: there are some derelict brick sheds and small supervisor’s buildings in the northern part of the site. Nor are there any buildings of townscape significance in the immediate vicinity of the site: the housing on the eastern side of Station Road lies generally below the level of the road itself and consists of widely separated properties whose main aspect is over the open countryside and not to Station Road.

2.1.7 Castle Bytham village centre has a very distinctive character deriving from the detail and materials of its architecture and from the strong topography of the underlying landscape. The form of the village is most distinctive at the triangle of lanes in the centre where levels fall away northwards creating views over sloping greens and along angled streets. There is strong contrast between these open village spaces, and continuous edge created by roadside cottages, and the backdrop of tall, mature trees in the upper parts of the village around the church. Some of the smaller details are important, such as the low white railings along the edges of the greens and the stream flowing through the village centre. The remains of the Norman motte are more significant historically than visually: they lie at the edge of the village where they merge into the undulations of the surrounding landscape. 2.1.8 South of the site, a mid twentieth century housing area off Clipsham Road consists a group of 36 semi-detached council built houses in Regal Gardens, and there is a later close of 33 1980’s detached houses (Bytham Heights). Both are standard suburban developments of their respective eras and make no reference to local architectural or village character.

Local materials and details

2.1.9 The primary local building material in the village centre is a soft pale limestone from which most of the earlier buildings in the village are constructed. There are later nineteenth century buildings of bright red brick, and examples of stone buildings with red brick details around window and door openings.

2.1.10 The roofs of the older buildings are generally pitched steeply, perhaps once thatched, but most have long since been tiled in the orange pantiles that are so typical of eastern counties. The combination of orange roofs and pale stone walls is very distinctive. Some of the nineteenth century brick buildings are roofed in slate, and there is also some plain tiling and stone slate roofing.

2.2 Evaluation

Constraints

2.2.1 The primary physical constraints to development are (see figure 1):

• Limited access points from Station Road at the north and south of the site • The SSSI designation of the cliff faces • Sun shadows cast by the cliff faces over the quarry floor, especially in winter

• Slopes within the quarry which will dictate alignment of any access roads to achieve acceptable gradients

• Ground conditions, particularly made ground and spoil, which will vary over the site

3.1 Proposed uses

The proposal is for 15 houses comprising:

• Seven two-bedroom houses

• Eight three-bedroom houses

3.1.1 Figure 2 shows the disposition of these elements on the site.

3.2 Layout

Development area

3.2.1. The net area of development excluding landscape buffer planting is 0.672 ha.

Access

3.2.2 A separate access point is proposed for the residential development area in approximately the same position as the present main access gate. Highway engineering details have yet to be prepared.

Street structure

3.2.3. The layout provides a single cul-de-sac serving the 15 houses, with a possible future pedestrian/cycle path and emergency vehicle route connecting it to the industrial development access road.

Landscape structure

3.2.4 New landscape is envisaged as follows:

• On the northern boundary, strengthening existing boundary tree planting with new tree planting.

• To individual plots, new hedgerow planting forming property boundaries

• To steeper slopes, new landscape planting to define developable areas and provide a green setting for development.

• A buffer belt of tree planting on the southern side of the housing, between it and the industrial area

Pedestrian/cycling links and footpaths

3.2.5 The development is linked to Castle Bytham village centre by the existing footway alongside Station Road. Improvements may be required in the village centre where the footway becomes discontinuous.

Parking

3.2.6 Parking will be provided on private housing plots at the rate of 2 spaces for small houses and 3 for larger houses, with no additional visitors’ parking.

3.3 Scale

Built for, height and massing

3.3.1 Housing development will generally be 2 storeys of a scale and form typical of traditional village housing. This suggests pitched roofs, steep enough to include an attic floor in places, and some single storey pitched roof elements in extensions to the main body of the house. Level changes may allow a basement storey in some situations.

3.3.2 Buildings are to be grouped to provide short sequences that define curves in streets and changes of direction determined by the steep topography of the site. The overall form generated in this way will reflect the street forms seen in Castle Bytham village centre.

Landmarks, views and focal points

3.3.3 The dramatic level changes give excellent potential for views into and across the site. Buildings in the residential development area will be placed to take best advantage of such views from north to south.

3.4 Landscape

Retained landscape

3.4.1 All boundary hedges and planting will be retained and improved as far as possible, making due allowances for junction sightlines etc. Where such features have to be moved, they will be replanted as close as possible to the original alignment with new hedgerows of native species.

New landscape planting

3.4.2 Significant new structure planting is proposed, as noted above.

New hard surface spaces

3.4.3 Access roads will be to adoptable highway standards. However, wherever possible, adopted and unadopted paved surfaces will be of porous, natural materials to aid site drainage and create an appropriate appearance for the rural setting.

Ecological elements

3.4.4. A significant amount of study into the geological and ecological background of the quarry has been undertaken. Further studies may be necessary to update and augment this work prior to development.

3.5 Appearance

Relationship to existing context

3.5.1 Architecturally, there is no immediate context for new buildings, but these is a strong local character as summarised above. This should be the reference point for the detailed design of buildings. The most significant aspects of the existing context are the dramatic falls and southerly orientation over much of the site, and potentially spectacular views across the quarry. The architectural design of buildings should exploit these advantages fully, possibly using extensive glazing, framed buildings and other modern methods of construction.

Materials and details

3.5.2 Traditional building materials in Castle Bytham are solid and heavy. The lightness described above can be combined with heavy structures that will be necessary in retaining walls, basement levels and other elements that level changes will generate.

3.6 Streetscape

3.6.1 The streetscape of the development will be informal, generated by road alignments that follow and descend contours at necessary gradients.

Natural surveillance

3.6.2 Buildings will follow these alignments, and windows and doors should overlook the street as directly as possible: level changes mean that excellent surveillance can be gained from buildings at higher levels without compromising privacy.

Secured by design

3.6.3 The scheme will be submitted for the police’s “Secured by Design” review, covering boundary security, parking arrangements and constructional details.

3.7 Sustainability

Conservation of natural assets

3.7.1 The scheme is part of an overall development that will ensure that the site’s primary natural asset, the cliff face, is no longer neglected and can be made accessible to the public within a conservation remit. Structural tree planting is proposed over much of the undevelopable part of the site, while maintaining required margins to the cliff face.

Energy generation and consumption

3.7.2 The potential to exploit southerly orientation for passive solar gain is pointed out above. This should be just one of many measures to ensure that the scheme is as self sufficient as possible. The development will aim to achieve an Eco-Homes rating of excellent in respect of its constructional and services performance.

Refuse disposal and recycling

3.7.3 The development must conform to local authority requirements for refuse collection, vehicle movements etc.

Sustainable urban drainage systems

3.7.4 Drainage is a significant issue for the quarry. It is not unusually susceptible to flooding, buy systems will be carefully designed to manage the drainage load, including minimisation of non-porous ground surfaces.

4 ACCESS

4.1 Vehicular and transport links

Approach

4.1.1 The general design approach is to minimise unnecessary vehicular movements and facilitate walking through convenient links. This is a realistic objective for the upper parts of the site, with key village facilities accessible via the footway on Station Road to both the village centre and the new healthcare facilities in the scheme.

Vehicular access

4.1.2 The main access points are described at 3.2.1 above.

Pedestrian/cycling links and footpaths

4.1.3 The footway on Station Road is to be maintained and improved as necessary.

4.2 Inclusive access

Disabled provision

4.2.1 Most of the proposed residential development is at natural ground levels and readily accessed from street level. All buildings must be designed in accordance with the Building Regulations Part M mobility standards.

Conclusions:

Although the proposed development is contrary to the ‘employment’ allocation of the former quarry, it is considered that the area that would be used for the proposed Affordable Housing (and that for the Community Health Centre proposed under (S07/0818/19) would not be so significant as to compromise the use of the majority of the site for employment purposes in accordance with the development plan.

Housing Solutions have confirmed that there is an interest in Affordable Housing in this part of the District based on the 2006 Housing Needs survey. This demand is not likely to be met through ‘normal’ market housing.

The location proposed for the housing is appropriately separated from the employment use of the remainder of the former quarry for there not to be any adverse implications for residential amenity.

It will be noted from the response received from the Local Education Authority that the development would result in pressure on local education facilities and also that the Team Leader of Streetscene Services has requested either the provision of an on-site LAP or a commuted sum towards off-site provision. Whilst it is acknowledged that this would be implications for the education facilities and Open Space provision would normally be required for this scale of development, funding for Affordable Housing can only be utilised for the purpose of delivering housing and not for any other benefits via a Section 106 Agreement. If such benefits were to be insisted upon by the local planning authority the likelihood is that the development may not proceed and the Affordable Housing requirement for this part of the district not be met. This also applies to any request for a commuted sum from the Primary Care Trust.

The proposal accords with National and Local Policies set out in Planning Policy Statement 3 - PPS3 Planning Policy Statement 9 - PPS9 and the Rural Exceptions Policy, Policies S4, H4 and NE3 of the Lincolnshire Structure Plan and Policies H8, EN1, EN3 and EN8 of the South Kesteven Local Plan.

Although there is some conflict with Planning Policy Statement 1, Policies S1 and S2 of the Lincolnshire Structure Plan and Policy E7 of the South Kesteven Local Plan, the issues raised are not considered to outweigh the principal policies referred to above. It is further considered that whilst the issues relating to highway safety are material considerations, these can be addressed by the conditions attached to this permission.

RECOMMENDATION: That the development be Approved subject to condition(s)

1. Application for approval of reserved matters must be made not later than the expiration of three years beginning with the date of this permission, and the development must be begun not later than the expiration of two years from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such matter to be approved.

2. The following matters are reserved for subsequent approval by the District Planning Authority and no development shall be carried out until these matters have been approved, viz. detailed drawings to an appropriate scale showing the layout, scale, appearance, the means of access and the landscaping of the site. 3. Before any development is commenced, details including location and means of disposal of surface water and foul drainage shall be submitted to and approved by the District Planning Authority, and no building shall be occupied until the drainage works have been provided. 4. When application is made to the District Planning Authority for approval of the 'reserved 'matters', that application shall be accompanied by a scheme of landscaping and tree planting (indicating inter alia, the number, species, heights on planting and positions of all the trees) in respect of the land to which that application relates; and such scheme shall require the approval of the District Planning Authority before any development is commenced. Such scheme as may be agreed shall be undertaken in the first planting season following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the District Planning Authority gives written consent to any variation. 5. The development hereby permitted shall not be commenced until a working method statement, to include details of plant, equipment, spoil and materials, as well as methods of working, has been submitted to and approved in writing by the Local Planning Authority. The method statement will demonstrate how the works will be undertaken to in order to protect the features for which the SSSI is so designed. 6. Before the development hereby permitted is commenced a plan shall be submitted to the Local Planning Authority showing areas of stand-off from the faces of former quarry which are to be protected from damage during the development period and for access in the event that it is required for the management of the features of interest. 7. The vehicular access shall incorporate 6m metres radii tangential to the nearside edge of the carriageway of Station Road and the minimum width of the access shall be 5.0 metres. 8. When the application is made for approval of the 'reserved matters' that application shall show details of the arrangements for the parking/turning/manoeuvring/loading/unloading of vehicles within the site. These arrangements shall be provided before the building is occupied and shall be kept permanently free for such use at all times thereafter. 9. No development shall take place before the detailed design of the arrangements for surface water drainage has been agreed in writing by the Local Planning Authority and no building shall be occupied before it is connected to the agreed drainage system.

The reason(s) for the condition(s) is/are:

1. Required to be imposed pursuant to section 92 of the Town and Country Planning Act 1990, as amended by section 51 of the Planning & Compulsory Purchase Act 2004. 2. The application was submitted in outline only as in accordance with policy EN1 of the South Kesteven Local Plan. 3. To ensure satisfactory provision is made for the disposal of foul and surface water drainage from the site and in accordance with Policy EN1 of the South Kesteven Local Plan. 4. Landscaping and tree planting contributes to the appearance of a development and assists in its assimilation with its surroundings. A scheme is required to enable the visual impact of the development to be assessed and to create and maintain a pleasant environment and in accordance with Policy EN1 of the South Kesteven Local Plan. 5. To ensure that the features for which the adjacent land is designed a Site of Special Scientific Interest are not harmed during the development period, as in accordance with Planning Policy Statement 9 - PPS9. 6. To ensure that the features for which the adjacent land is designed a Site of Special Scientific Interest are not harmed during the development period, as in accordance with Planning Policy Statement 9 - PPS9. 7. In the interests of safety of the users of the public highway and the safety of the users of the site, and in accordance with Planning Policy Guidance Note 13 - PPG13. 8. To enable calling vehicles to wait clear of the carriageway of [ROAD NAME] in the interests of safety, and in accordance with Planning Policy Guidance Note 13 - PPG13. 9. To ensure that surface water run-off from the development will not adversely affect, by reason of flooding, the safety amenity and commerce of the residents of this site, and in accordance with Planning Policy Guidance Note 13 - PPG13.

* * * * * *

IVW6 S07/0818/19 Date Received: 12-Jun-2007

Applicant Dr D Burston C/o Agent Agent P J Frampton, Framptons Oriel House, 42, North Bar, Banbury, Oxfordshire, OX16 0TH Proposal Erection of Community Health Centre Location The Old Quarry, Castle Bytham

Site Details Parish(es) Castle Bytham C Class Road Radon Area - Protection required Minerals Consultation Area - MC1 Area of special control for adverts E7 Employment - rural areas EN3 Area of great landscape value EN8 Wildlife and geological site Airfield Zone - No consultation required Adj site of sp scientific interest - SS2 Drainage - Welland and Nene CL - Site Inv SKDC - SC. R25 Req CL - Site Inv SKDC - CONL Inf Req CL - Site Inv Dev - CONL Inf Req CL - Cont Land Reg - CONL Inf Req CL - Cont Land Reg - SC. R25 Req

REPORT

Representations received

Lincolnshire Highways Authority:

“Requests four conditions (See below) and a contribution, through a Section106 Agreement, of £10,000 towards upgrade of footpath link to village”.

Lincolnshire County Council, Directorate for Development:

Comments awaited

Lincolnshire County Council, Minerals Consultation Section:

No comments to make

Community Archaeologist:

“Proposal does not affect any known archaeological remains”

Natural England:

No objections but request 2 conditions (See below)

Lincolnshire Wildlife Trust:

“Recommend ecological survey to determine whether any Protected Species present and, if so, what mitigation measures may be required”.

Parish Council:

“The Parish Council held a public meeting on 17 July, at which Mr Frampton, planning consultant for Dr Burston, was present to answer questions. A majority of people voted in favour of the following proposal: The light industrial units should be built before the Health Centre and there should be other financial benefits for the community. Under these conditions, the villagers were in favour of the application for the Health Centre. The Councillors discussed this application again at the Parish Council Meeting on 18 July and made the following remarks:

1. The industrial development should be built first. 2. Section 106 should be applied to give financial support towards the cost of the clinic and other facilities for the community. 3. The work under section 106 should be carried out first

The Parish Council was in favour of the application under the Aforemensioned conditions”.

Representations received as a result of publicity

The application has been advertised in accordance with statutory requirements as a departure from the Development Plan. The closing date for representations under the ‘Departure’ advertisement is 24 August 2007.

At the time of writing, a single representation objecting to the proposed development has been received raising the following issues: - a) Proposed development out of keeping with the character of the area. b) Drainage issues. Ditch adjacent to site is frequently flooded c) Increased traffic would have adverse impact on local environment, highway network and wildlife. d) Increased noise and disturbance to local residents. e) Existing Health Centre in centre of village and more accessible and has room to extend. f) Medical Practice stated as intended occupiers no longer exists. g) Contrary to Local Plan. h) Insufficient evidence of need for facility. i) Main aspect of nearby dwellings is facing road, not open countryside, as stated in supporting Design and Access Statement. j) Loss of privacy to existing dwellings.

The application site and its surroundings

The 0.17ha application site is located at the southern end of the road frontage of a disused limestone quarry on the south side of the historic core of Castle Bytham.

To the south is a modern dwelling on a large plot at the corner of Clipsham Road and Station Road. To the north and west is the remainder of the former quarry, most which is at a much lower level than the site and surroundings.

There are several modern residential properties and a paddock on the opposite side of Station Road.

Site History

The whole of the former quarry in which the application site is located is allocated in the 1995 Local Plan for employment development and benefits from an extant Reserved Matters approval (S.04/0382/19) granted in July 2005 for Class B1 (Business), B2 (General Industry) and B8 (Storage and Distribution) development.

The proposal

Outline planning permission is sought for the erection of Community Health Centre to accommodate practice of 3 GP’s and supporting health care facilities.

The submitted, indicative, drawing shows rectangular, single-storey building on the road frontage on the south-east corner of the former quarry, to be served by a new access formed at the northern end of the frontage with a car park at the rear of the building.

Policy considerations

Central Government Guidance

PPS 1 – Delivering Sustainable Development

PPS 7 – Sustainable Development in Rural Areas

PPS 9 – Biodiversity and Geological Conservation

Lincolnshire Structure Plan

Policy S1 – Promoting Sustainable Development

Policy S2 – Location of Development

Policy S4 – Rural Communities

Policy NE3 – Sites of Nature Conservation Importance

South Kesteven Local Plan

Policy E7 - Allocated land for new Industrial and Business development

Policy EN1 - Protection and Enhancement of the Environment

Policy EN3 – Areas of Great Landscape Value

Policy EN8 – Protection of Wildlife and Geological Sites

The Planning Policy Section have commented on the Policy issues raised by this proposal as follows: -

“The application sites forms part of an employment allocation (E 7.9) in the South Kesteven Local Plan (adopted 1995). Policy E7.9 allocates sites specifically for employment and industrial uses, and in this case reflects an outstanding planning consent (at the time the Local Plan was adopted). This consent has been subsequently renewed, however, no development has occurred on site to implement the consent. A healthcare centre can provide many jobs, including those for local people. As such whilst this use does not strictly accord with the Use Class for business or industry, it is employment generating. I do not therefore believe that the proposal is contrary to the objectives of this allocation.

(It should be noted, however, that the policy approach relating to new employment allocations within the emerging Local Development Framework (LDF) is much more focussed upon the four towns of the district, and it is unlikely that the LDF will include employment allocations in the smaller settlements. As such it is unlikely that this site will be reallocated in the LDF).

The proposed location of the health centre is however outside the village and is away from the centre of the village, as such its location may result in increase car movements. If approved it will be important to ensure that improved pedestrian and cycle access is delivered from both the village and from the Bytham Heights development to the proposed centre.

Whilst I support the improvement to local community health care facilities proposed and have no policy objection to the application, I am concerned that the proposal may have a detrimental effect on the sustainability of other villages in the area, particularly Corby Glen. This concern arises from the implications of the letter from Banks, Long and Co. dated 18th August 2005 in support of this application in which it is stated that an improved facility in Castle Bytham will result in the closure of one or more Dr’s surgeries in other villages. Whilst this may result in improved health care provision, it does raise issues relating to the need for people to travel further to visit their doctor, which many people within the villages of easy access to a doctor, particularly as public transport between the villages is not always available. The result this will be of detriment to the ability of villages to the sustainable settlements.”

APPLICANT’S SUBMISSIONS

The applicant has submitted the following Design and Access Statement: -

1. INTRODUCTION

1.1 Planning application

1.1.1. Castle Bytham Quarry has existing planning consent for B1 Development of the site, including twenty five industrial units accessed from a new junction with Station Road to the south of the site. This Design Statement describes alternative proposals for part of the site for residential development, which would have less impact and is considered by many to be a more appropriate development use within the village of Castle Bytham. The proposed development of a Community Health Centre for which planning permission is sought would replace one of the industrial units in the southern part of the site on Station Road.

1.2 The brief

1.2.1 The proposals are for a health centre modelled on typical provision for a village the size of Castle Bytham, e.g. a group practice of 3 GP’s and supporting facilities and a broad range of healthcare facilities. There will be landscape works to separate the proposed new facility from the industrial development and car parking accessed separately from Station Road.

1.3 Overall context

1.3.1 Castle Bytham has evolved in two parts: the historic village centre north of the railway and the area of Clipsham Road south of the main centre, which is separated from it by the railway and the quarry. Station Road, which links the two parts and is one of the main access routes to the village, has recently been subjected to low-density residential infill on the eastern side opposite the quarry. The quarry, then, occupies a strategic position between the two parts of the village, and offers the potential to consolidate the residential development that has begun to link it together.

1.4 Broad design approach

1.4.1 It is considered that the site offers potential for a community facility that relates to Station Road and the immediate surroundings of the upper level of the former quarry. This design statement sets out how development could provide a new Community Health Centre, which is appropriate to its location within the village and avoids impacts from the approved industrial development.

2 CONTEXT ASSESSMENT

2.1 Physical

Location and access

2.1.3. The quarry site occupies 7.4 ha alongside Station Road between the southern and northern parts of the village. The current main access point is on Station Road close to the northern boundary with the railway cutting and there is a second access gate to the south about 120 metres from the junction with the Clipsham Road. The approved access for the industrial development is close to this second access point.

Landscape

2.1.4. Most of the quarry area has been excavated to a depth of about 14 metres below the original ground level. Areas of the original surface remain along the northern, southern and eastern edges of the site: the northern area is proposed for residential development.

2.2.3 There are belts of trees along the northern and southern boundaries, which visually separate the site from its immediate surroundings. Scrub vegetation covers the remaining natural land surfaces. A continuous field hedgerow forms the whole length of the boundary to Station Road. Spoil heaps and earthworks within the quarry leave much of it totally denuded of vegetation.

2.2.4 The underlying landform north of the site, in the historic centre of the village, falls to the north of the river Tham, which flows westwards to join the Glen River system at Little Bytham. It presents a very hummocky character of a sheltered and intimate quality, which has strongly influenced the appearance of the village centre. To the south, the landscape has more the character of a high plateau with longer views and greater exposure. A similar character extends to the west, with a pattern of fields and hedgerows that adjoin the village and the quarry boundary.

2.2.5 The quarry was cut out of the rising land south of the village to retrieve limestone. While of limited landscape or ecological value, it is designated a Site of Special Scientific Interest (SSSI) for the geological importance of its exposed cliff faces. The cliff sides have significant effect on the environment of the quarry interior, casting sun shadows from the south and west.

Townscape context

2.2.6 There are no structures of significance within the quarry: there are some derelict brick sheds and small supervisor’s buildings in the northern part of the site. Nor are there any buildings of townscape significance in the immediate vicinity of the site: the housing on the eastern side of Station Road lies generally below the level of the road itself and consists of widely separated properties whose main aspect is over the open countryside and not to Station Road.

2.2.7 Castle Bytham village centre has a very distinctive character deriving from the detail and materials of its architecture and from the strong topography of the underlying landscape. The form of the village is most distinctive at the triangle of lanes in the centre where levels fall away northwards creating views over sloping greens and along angled streets. There is strong contrast between these open village spaces, and continuous edge created by roadside cottages, and the backdrop of tall, mature trees in the upper parts of the village around the church. Some of the smaller details are important, such as the low white railings along the edges of the greens and the stream flowing through the village centre. The remains of the Norman motte are more significant historically than visually: they lie at the edge of the village where they merge into the undulations of the surrounding landscape.

2.2.8 South of the site, a mid twentieth century housing area off Clipsham Road consists a group of 36 semi-detached council built houses in Regal Gardens, and there is a later close of 33 1980’s detached houses (Bytham Heights). Both are standard suburban developments of their respective eras and make no reference to local architectural or village character.

Local materials and details

2.2.9 The primary local building material in the village centre is a soft pale limestone from which most of the earlier buildings in the village are constructed. There are later nineteenth century buildings of bright red brick, and examples of stone buildings with red brick details around window and door openings.

2.2.10 The roofs of the older buildings are generally pitched steeply, perhaps once thatched, but most have long since been tiled in the orange pantiles that are so typical of eastern counties. The combination of orange roofs and pale stone walls is very distinctive. Some of the nineteenth century brick buildings are roofed in slate, and there is also some plain tiling and stone slate roofing.

2.3 Evaluation

Constraints

2.2.2 The primary physical constraints to development are (see figure 1):

• Limited access points from Station Road at the north and south of the site • The SSSI designation of the cliff faces • Sun shadows cast by the cliff faces over the quarry floor, especially in winter • Slopes within the quarry which will dictate alignment of any access roads to achieve acceptable gradients • Ground conditions, particularly made ground and spoil, which will vary over the site

3.1 Proposed uses

3.1.1 The proposal is for a Community Health Centre as a base for a practice of 3 GP’s and with facilities for visiting specialists and clinics. A full requirement brief has yet to be drawn up. Proposals shown at Figures 2 and 3 provide for a building of approximately 400m², and parking for up to 20 cars.

3.2 Layout

Access

3.2.1 A separate access point is proposed for the Community Health Centre south of the approved street junction for the industrial park. Highway engineering details have yet to be prepared.

Landscape structure

3.2.2 New landscape is envisaged as follows:

• A buffer belt of tree planting on the western side of the development between it and the industrial area • Replanting/reinforcement of the hedgerow boundary to Station Road as part of a landscape scheme for the health centre site

Pedestrian. cycling links and footpaths

3.2.3 The development is linked to Castle Bytham village centre by the existing footway alongside Station Road. Improvements may be required in the village centre where the footway becomes discontinued.

Parking

3.2.4 Parking will be provided on site for all staff, visiting practitioners and patients. Parking is to be kept behind the building so that it does not dominate the appearance of the building from the street.

3.3 Scale

Built form, height and massing

3.31 The health centre will be a single storey building. It should be in keeping with the domestic scale and character of the village, which suggests pitched roofs and a varied roof form rather than a single large span. The building is likely to have a minimum dimension of 10 to 12 metres, and a pitch roof on this scale could potentially over dominate, do designs which break up the mass with smaller interconnected roofs, gables, etc. are likely to be most appropriate.

Landmarks, views and focal points

3.3.2 By virtue of its positioning on Station Road, the Community Health Centre will be an important landmark building for the whole village, and its design therefore needs to address the frontage onto Station Road very positively. This should include the prominent positioning of the main entrance and a lively and interesting elevation to the street. Parking and other utility areas should be planned behind the main building.

3.4 Landscape

Retained landscape

3.4.1 All boundary hedges and planting will be retained and improved as far as possible, making due allowances for junction sightlines etc. Where such features have to be moved, they will be replanted as close as possible to the original alignment with new hedgerows of native species.

New landscape planting

3.4.2 Significant new structure planting is proposed, as noted above.

New hard surface spaces

3.4.3 Access roads will be to adoptable highways standards. However, wherever possible, adopted and unadopted paved surfaces will be porous, natural materials to aid site drainage and create an appropriate appearance for the rural setting.

Ecological elements

3.4.4 A significant amount of study into the geological and ecological background of the quarry has been undertaken. Further studies may be necessary to update and augment this work prior to development.

3.5 Appearance

Relationship to existing context 3.5.1 Architecturally, there is no immediate context for new buildings, but there is a strong local character as summarised above. This should be the reference point for the detailed design of buildings.

Materials and details

3.5.2 Traditional building materials in Castle Bytham are solid and heavy. Brick, stone, tile and slate can be the main components of the structure, potentially offset by glazed areas to bring light and sun into the buildings, with the facility for passive solar gain or other environmentally effective elements.

Natural surveillance

3.5.3 Windows and doors should overlook the street as directly as possible.

Secured by design

3.5.4 The scheme will be submitted for the Police’s “Secured by Design” review, covering boundary security, parking arrangements and constructional details.

3.6 Sustainability

Conservation of natural assets

3.6.1 The scheme is part of an overall development that will ensure that the site’s primary natural asset, the cliff face, is no longer neglected and can be made accessible to the public within a conservation remit. Structural tree planting is proposed over much of the undevelopable parts of the site, while maintaining required margins to the cliff face.

Energy generation and consumption

3.6.2 The potential to exploit southerly orientation for passive solar gain is pointed out above. This should be just one of many measures to ensure that the scheme is as self sufficient as possible. The development will aim to achieve an Eco-Homes rating of excellence in respect of its constructional and service performance.

Refuse disposal and recycling

3.6.3 The development must conform to local authority requirements for refuse collection, vehicle movements etc.

Sustainable urban drainage systems

3.6.4 Drainage is a significant issue for the quarry. It is not usually susceptible to flooding, but systems will be carefully designed to manage the drainage load, including minimisation of non-porous ground surfaces.

4 ACCESS

4.1 Vehicular and transport links

Approach

4.1.1 The general design approach is to minimise unnecessary vehicular movements and facilitate walking through convenient links. This is a realistic objective for the upper parts of the site, with key village facilities accessible via the footway on Station Road to both the village centre and the new healthcare facilities in the scheme.

Vehicular access

4.1.2 The main access points are described at 3.2.1 above.

Pedestrian/cycling links and footpaths

4.1.3 The footway on Station Road is to be maintained and improved as necessary.

4.2 Inclusive access

Disabled provision

4.2.1 Most of the proposed residential development is at natural ground levels and readily accessed from street level. All buildings must be designed in accordance with the Building Regulations Part M mobility standards.

Conclusions:

Although the proposed development is contrary to the ‘employment’ use allocations of the former quarry, it is considered that the area that would be used for the proposed Community Health Centre (and that for the Affordable Housing proposed under S07/0809/19) would not be so significant as to compromise the use of the majority of the site for employment purposes in accordance with the allocation in the development plan.

The proposal accords with national and local planning policies set out in Planning Policy Statement 7-PPS7 and Planning Policy Statement 9-PPS9, policies S4 and NE3 of the Lincolnshire Structure Plan and policies EN1, EN3 and EN8 of the South Kesteven Local Plan. Whilst there is some conflict with the Local Plan allocation of the former quarry for Employment purposes under policy E7 of the South Kesteven Local Plan and also with Central Government Planning Statement PPS1 and policies S1 and S2 Lincolnshire Structure Plan, it is considered that the issues raised do not outweigh the principle policies referred to above and the implementation of the Employment allocation on the remaining majority of the site will not, subject to the conditions attached to this permission, be compromised by te proposed development.

RECOMMENDATION: That subject to the comments of Lincolnshire County Council’s Directorate for Development, the Secretary of State not requiring the application to be referred to him as a Departure from the Development Plan and the completion of a Section 106 Agreement in respect of a contribution towards improving the development be permitted subject to the following conditions:

1. Application for approval of reserved matters must be made not later than the expiration of three years beginning with the date of this permission, and the development must be begun not later than the expiration of two years from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such matter to be approved. 2. The following matters are reserved for subsequent approval by the District Planning Authority and no development shall be carried out until these matters have been approved, viz. detailed drawings to an appropriate scale showing the layout, scale, appearance, the means of access and the landscaping of the site. 3. Before any development is commenced, details including location and means of disposal of surface water and foul drainage shall be submitted to and approved by the District Planning Authority, and no building shall be occupied until the drainage works have been provided. 4. When application is made to the District Planning Authority for approval of the 'reserved 'matters', that application shall be accompanied by a scheme of landscaping and tree planting (indicating inter alia, the number, species, heights on planting and positions of all the trees) in respect of the land to which that application relates; and such scheme shall require the approval of the District Planning Authority before any development is commenced. Such scheme as may be agreed shall be undertaken in the first planting season following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the District Planning Authority gives written consent to any variation. 5. The development hereby permitted shall not be commenced until a working method statement, to include details of plant, equipment, spoil and materials, as well as methods of working, has been submitted to and approved in writing by the Local Planning Authority. The method statement will demonstrate how the works will be undertaken to in order to protect the features for which the SSSI is so designated. 6. Before the development hereby permitted is commenced a plan shall be submitted to the Local Planning Authority showing areas of stand-off from the faces of former quarry which are to be protected from damage during the development period and for access in the event that it is required for the management of the features of interest. 7. The vehicular access shall incorporate 10 metres radii tangential to the nearside edge of the carriageway of Station Road and the minimum width of the access shall be 5.0 metres.

8. Before each dwelling (or other development as specified) is occupied, the roads and/or footways providing access to that dwelling, for the whole of its frontage, from an existing public highway, shall be constructed to a *specification to enable them to be adopted as highways maintainable at the public expense, less the carriageway and footway surface courses. The carriageway and footway surface courses shall be completed within three months from the date upon which the erection is commenced of the penultimate dwelling (or other development as specified). *Note to Applicant: You are advised to contact Lincolnshire County Council, as the local highway authority, for approval of the road construction specification and programme before crarrying out any works on site. 9. No development shall take place before the detailed design of the arrangements for surface water drainage has been agreed in writing by the Local Planning Authority and no building shall be occupied before it is connected to the agreed drainage system. 10. Before any dwelling is commenced, all of that part of the estate road and associated footways that forms the junction with the main road and which will be constructed within the limits of the existing highway, shall be laid out and constructed to finished surface levels in accordance with details to be submitted to and approved by the Local Planning Authority.

The reason(s) for the condition(s) is/are:

1. Required to be imposed pursuant to section 92 of the Town and Country Planning Act 1990, as amended by section 51 of the Planning & Compulsory Purchase Act 2004.

2. The application was submitted in outline only as in accordance wth policy EN1 of the South Kesteven Local Plan.

3. To ensure satisfactory provision is made for the disposal of foul and surface water drainage from the site and in accordance with Policy EN1 of the South Kesteven Local Plan. 4. Landscaping and tree planting contributes to the appearance of a development and assists in its assimilation with its surroundings. A scheme is required to enable the visual impact of the development to be assessed and to create and maintain a pleasant environment and in accordance with Policy EN1 of the South Kesteven Local Plan.

5. To ensure that the features for which the adjacent land is designated a Site of Special Scientific Interest are not harmed during the development period, as in accordance with PPS9.

6. To ensure that the features for which the adjacent land is designated a Site of Special Scientific Interest are not harmed during the development period, as in accordance with PPS9.

7. In the interests of safety of the users of the public highway and the safety of the users of the site, and in accordance with Planning Policy Guidance Note 13 - PPG13. 8. In the interests of safety of the users of the public highway and the safety of the users of the site, and in accordance with Planning Policy Guidance Note 13 - PPG13.

9. To ensure satisfactory provision is made for the disposal of foul and surface water drainage from the site and in accordance with Policy EN1 of the South Kesteven Local Plan.

10. In the interests of safety of the users of the public highway and the safety of the users of the site, and in accordance with Planning Policy Guidance Note 13 - PPG13.

* * * * * *

KJC1 S07/0588/35 Date Received: 30-Apr-2007

Applicant Terry Brunning, Bovis Homes Ltd W2 Building, 7, High Street, Cambourne, Cambs, CB23 6JX Agent Proposal Erection of 246 dwellings Location Impress Canning Works, Springfield Road, Grantham

Site Details Parish(es) Grantham A Class Road Radon Area - Protection required Railtrack (York) within 50m - RAIL1 Section 106 applies on site E1 Employment - Grantham Airfield Zone - No consultation required Barkston/Cranwell (refuse tips only) Drainage - Lincs CL - Site Inv SKDC - CONL Inf Req CL - Site Inv Dev - CONL Inf Req CL - EPA Auth Processes - SC. R25 Req CL - EPA Auth Processes - CONL Inf Req CL - Cont Land Reg - CONL Inf Req CL - Cont Land Reg - SC. R25 Req NATS Consultation - (Windfarms Only)-WF1

REPORT

Representations Received

Local Highway Authority:

The proposed application and the number of units therein is higher than the numbers quoted within the approved Transport Assessment to which outline was granted. The increase in numbers from 170 units to 243 units would result in an increase in junction capacity issues to the highway network in the area to the detriment of highway safety.

Additional comments received 2 August 2007

“ In respect of the Outline Planning Application, the Transport Assessment and hence impact on the highway network, was undertaken using 170 units. Form this number the calculations and hence the impact on all surrounding junctions was undertaken.

Following other recent junction capacity works for other developments i.e. Springfield Park and Bairds Malt, Harlaxton Road, it has been found that the surrounding junctions with these new developments and agreed numbers of the impress site (170 units in the Transport Assessment) the junctions will be ‘over capacity’ and hence detrimental to highway safety due to increased queuing, driver frustration and taking risks.

It is therefore requested that Committee refuse this application in respect of the number put forward i.e. 243 units.

Archaeological Consultancy:

The proposal does not affect any known archaeological sites.

East Midlands Development Agency:

The development does not fall within the criteria for the Agency to comment.

Project Officer (Drainage):

Since Anglian Water Authority have consented to accept the flows I have no comment to make.

Partnership and Project Officer (Housing Solutions):

The affordable housing provision accords with the requirement of the legal agreement. Confirmation of the Registered State landlord is requested.

Lincolnshire Primary Care Trust:

A contribution based on £800 per dwelling is sought.

Environment Agency:

The environment agency has no objection to the proposed reserved matters. However, we cannot support the discharge of conditions and 11 – Details of surface and foul drainage, condition 7 – Detailed flood risk assessment.

Street Scene Services – Open Space:

In terms of open space provision the developer should provide a minimum of 40 square metres of useable recreation space per dwelling. The play area should be a minimum area of 400 square metres and include a minimum of five items of play equipment.

Additional information received: -

“I can confirm I am happy with the Public Open Spaces provision for this development but I will require a survey of existing tree study”.

Lincolnshire Police – Architectural Liaison Officer:

General comments are provided regarding the crime reduction and community safety.

East Midlands Regional Assembly:

This is a reserved matters application following a grant of outline of consent therefore there are no conformity issues arising. However, I would make the following observations in the context of the Draft Regional Plan:

1. use of carbon energy measures in the development. 2. re-use/recycling of on site materials 3. Provision for collecting and storing waste for re-use and recycling in the design of new dwellings 4. Provision in site layouts for separation, storage and collection of waste for re-use and recycling.

Network Rail:

Network Rail has no objection to the principle of the development. They have made a number of observations regarding safe working in close proximity to the railway.

Lincolnshire County Council (Education):

The outline planning application to which this outline application relates includes a section 106 agreement including education provision.

Representations as a result of Publicity

The application has been advertised in accordance with established procedures. 4 letters of objection have been received from interested parties. A summary of their main concerns are listed below: a) Lack of community access areas for recreation b) No provision to an already overcrowded school system c) Current surface water drainage cannot cope. d) Impact on mature trees on the site. Has any provision been made for replacement planting. e) Springfield Road has undergone considerable development over the last few years. It is a major concern for people living on Springfield Road that their safety may be put at risk by increased traffic. f) Springfield Road is already heavily congested given the extensive developments. This will compound the matter. g) Overlooking loss of privacy for the residents of Springfield Road and Walton Gardens. h) The mature trees and grass strip would protect the privacy of Springfield Road. i) Springfield Road is already experiencing damage from amount and type of vehicles using the road. j) Would put further traffic pressure on Springfield Road and surrounding road network. k) Building Control Services l) Sufficient information has not been provided to allow comment on the surface and foul drainage. m) Plots 40-45 The proposed 3 storey dwellings would have impact on properties on Hudson Way: overlooking /loss of privacy overshadowing loss of daylight /sunlight. Extra heights would make them visually intrusive.

Officer Report

Reason For Referral to Committee

Major application of local significance.

The Application Site and its Surroundings

The site is located on the northern side of Springfield Road. Access to the site is via a gated access to the southwest corner of the site. The site was previously used for industrial use and is occupied by a sizeable factory building which would be demolished to facilitate the development.

The site is largely flat with a small drop down in levels from Springfield Road to the northern corner of the site.

Site History

S05/0220 – Planning permission was granted Residential Development on 3rd March 2006.

The Proposal

This application is a reserved matters application pursuant to outline planning permission S05/0220. It proposes the erection of 246 dwellings (a density of approximately 50 dwellings per hectare) based around the following key site characteristics: tree lined frontage, railway line and concrete batching plant as a visual detractor and noise generator, provide a mix of new and old residential styles, the point of access agreed at outline stage and respect the residential amenity of existing neighbouring occupiers.

The proposed development would retain and enhance the tree lined frontage and tree belt adjacent to the railway line. The layout would be based around an informal grid pattern of streets centred around a central open space. There would be a mix of house types ranging from two bed two storey coach houses to two bed four storey apartments.

Policy Considerations National Planning Policy

Planning Policy Statement PPS1 – Delivering Sustainable Developments

Planning Policy Statement PPS3 – Housing

South Kesteven Local Plan

EN1 – Protection and Enhancement of the Environment

H6 – Residential Development

H8 – Affordable Housing

H9 – Large housing developments

REC5 – Play space provision

Key Issues

The main issues in relation to the proposal relate to impact on residential amenity of neighbouring occupiers and effect on character and appearance of the area, and highway safety.

As the proposed development is a reserved matters application the principle of residential development is accepted. The layout and design of the of the scheme accords with current government guidance set out in PPS1, PPS3 and relevant local plan policies in that it provides a mix of house types and is a design and layout which makes efficient and effective use of the land.

The predominant built form is two storey with taller buildings provided at key points throughout the development, gateway points and within key vantage points of the development. The built form fronting Springfield Road would be set back a similar distance as the existing factory building and would be set behind the tree lined verge.

There would be reasonable separation between the proposed development and neighbouring dwellings to ensure that neither the future occupiers of the proposed development or existing occupiers of the neighbouring properties would experience any significant loss of privacy, overlooking or overshadowing that could justify refusal on these grounds.

The development proposes a mix of informal open space, equipped play areas and strategic landscaped areas.

The affordable housing element on the site accords with the requirement of the outline planning permission.

As the application is in reserved matters format the developers are bound by the section 106 legal agreement requiring open space/play area and affordable housing provision on site, contributions to education, town centre enhancement/CCTV and highway works.

There was no requirement for a contribution to Primary Care Trust. As such it is unreasonable to request such a contribution at this stage of the application process. The highway authority has requested refusal of the application on the grounds of network/junction capacity. However, the previous committee report clearly indicated that the site could be developed at such a density: “Outline planning permission is sought for the residential development of the site. In terms of area the site could accommodate between 147 dwellings (30 per hectare) and 245 dwellings (50 per hectare)” As such, if the highway authority considered that the site could not be satisfactorily accessed at a 50 dwellings per hectare density a condition limiting the number of dwellings should have been requested and incorporated into the outline planning permission.

It is considered unreasonable to refuse planning permission on highway grounds as this reserved matters application complies with the outline permission. Full details relating to surface and foul water drainage on the site, have been requested.. However, at the time of drafting this report have not been received. In light of the above comments, it is considered that the proposed development is acceptable, and subject to appropriate conditions (including any highway conditions), receipt of acceptable drainage details the application is recommended for approval.

SUMMARY

In line with policies, material considerations raised but do not outweigh policies The proposal is in accordance with national and local policies as set out in Planning Policy Statement 1 and 3, policies EN1, H6, H8, H9 and REC5 of the South Kesteven Local Plan. The issues relating to residential amenity, visual amenity, highway safety/highway capacity, parking, noise and disturbance, lack of facililities/infrastructure, loss of privacy are material considerations but, subject to the condition(s) attached to this permission, are not sufficient in this case to indicate against the proposal and to outweigh the policies referred to above.

RECOMMENDATION: That the development be Approved subject to condition(s)

1. Notwithstanding the submitted details precise details of the construction of acoustic treatment along the eastern boundary of the site shall be submitted to and approved in writing by the Local Planning Authority. Details shall include materials and noise attenuation characteristics. All parts of the approved scheme shall be completed before any dwellings are occupied.

The reason(s) for the condition(s) is/are:

1. To ensure that the proposal does not adversely affect the amenities of the residents in the area by reason of excessive noise and in accordance with Policy/ies EN1 of the South Kesteven Local Plan.

Note(s) to Applicant 1. Please note comments for the attention of the Applicant from the Lincolnshire Police Architectural Liaison Officer. 2. Please note comments via e-mail for the attention of the Applicant from Network Rail dated 23 May 2007. 3. This approval of reserved matters shall be read in conjunction with Outline Planning permission S05/0220/35 and associated Section 106 legal agreement. 4. You are advised that the application site falls within an area which requires protection from Radon. You are advised to contact the District Council's Building Control Services to ascertain the level of protection required, and whether geological assessment is necessary.

* * * * * * KJC2 S07/0640/35 Date Received: 10-May-2007

Applicant Mr P Burrows, Lindpet Properties Ltd R/o Lindpet House, Conduit Lane, Grantham Agent Jackson Design Association Latimer House, Latimer Way, Sherwood Energy Village, Ollerton, Nottinghamshire, NG22 9QW Proposal Proposed mixed use development comprising retail, office and residential accommodation plus associated access and parking Location R/o Lindpet House, Conduit Lane, Grantham

Site Details Parish(es) Grantham Site adjoins Ancient Monument - AM2 Conservation Area (Policy C9) Site adjoins Conservation Area Radon Area - Protection required Listed Building (Grade II) S1 Town Centre Shopping Area Airfield Zone - No consultation required Barkston/Cranwell (refuse tips only) Drainage - Lincs Adjacent Listed Building

REPORT

Representations Received

Local Highway Authority:

No objection to the proposed development subject to a number of conditions.

Archaeological Consultancy:

Standard condition – Archaeologist to monitor all stages of the development.

Lincolnshire Police – Architectural Liaison Officer:

General comments received in relation to crime prevention. Letter to be attached to any grant of planning permission.

Environment Agency:

The environment agency has no comments to make in relation to the application.

Partnership and Project Officer:

I can confirm that there is no affordable housing requirement for this site as the number of units (6) is below the threshold of 15 units.

Representations as a result of Publicity

The application has been advertised in accordance with established procedures. Two letters of objection have been received from interested parties. A summary of their main concerns are listed below: a) The proposed building would radically detract from the aesthetic nature of the adjacent listed building. b) The size, siting and inappropriate design would be unsympathetic, overbearing and generally disadvantageous giving a negative appearance to the setting and character to the listed buildings and indeed the appearance of the tree lined pedestrian entrance to the extremely important historical Georgian Market Square and Medieval Angel and Royal Inn scenario. c) Proposal is considered contrary to policy C5 and EN1 of the adopted South Kesteven Local Plan. d) Dominant and oppressive design e) Proposal would result in the removal of trees which currently add to the beauty and ornamental character of Conduit Lane which leads into the historic Market Place. f) The proposed commercial development A1, A2 and A3 would require shop fronts with signage and logos that would be visually intrusive and oppressive and out of character with the conservation area. g) One letter of support has been received. A summary of the comments are listed below: h) As proprietor of Albion Lodge Childcare which occupies the cottage to the rear of Linpet House in Conduit Lane…I confirm I have no objection to the proposals. Furthermore the proposed development would be beneficial to the area.

Officer Report

Reason For Referral to Committee

Due to the planning history of the site the application be considered by Development Control Committee.

The application Site and its Surroundings

The site is located on the Conduit Lane on the western side of the market Place. The site area is approximately 0.15 hectares and comprises of predominantly car parking on land to the rear of Lindpet House. Part of the site is occupied by a modern building (Auction House) that has no architectural merit. This building is the subject of an application for conservation area consent for its demolition. (Planning Ref: S07/CA/6777).

Site History

S06/0941 - Demolition of Garage Building and Erection of New Retail and Office Building with Associated Works. Planning Permission was refused on 25 August 2006. The reason for refusal related to unsympathetic, overbearing and detrimental to the setting, character and appearance of the adjacent listed building and street scene as a whole.

Inadequate information was provided to allow the highway authority to fully assess the development and ensure that it would not be detrimental to highway safety.

S07/CA/6777 - Demolition of Building to East of Cottages - current application at the time of drafting this report.

S07/LB/6778 - Listed Building Consent - Mixed use Development, Lindpet House - current application at the time of drafting the report.

The Proposal

Planning permission is sought for the erection of a mixed use development. The building ranges from two to four storeys with a footprint of approximately 525 square metres with a gross internal floor area of 1950 square metres. This would be in the form of retail units at ground floor level a total of 425 square metres capable of subdivision into two or three units.

At first floor and second floor levels 1025 square metres of office space cable of subdivision into around five units.

At second floor level comprising six apartments (five two beds and a one bed) of around 60 metres square each.

The building would roughly follow the line of the street with the principle elevation facing the street and the rear elevation facing the courtyard parking.

Policy Considerations

South Kesteven Local Plan

Policy C5 - Proposals for development which retains or reinstates the essential characteristics and appearance of listed buildings.

Policy C9 - Buildings in conservation areas. Applications for planning permission will be considered having regard to;

The effect if the proposal on the character and appearance of the area; the appropriateness of the proposals in terms of design, scale and materials; and the impact of any new use on the area.

Policy E5 - Small business - Planning permission will be granted for the development of small businesses or firms provided that:

The scale and nature of the proposed development is compatible with existing neighbouring land uses.

Satisfactory access servicing and parking facilities can be provided.

The proposal does not conflict with other policies of the local plan.

Policy S1 - Existing Town Centre Shopping Areas - retail development will normally be concentrated within or adjoining the town centre areas.

Policy S2 - New Shopping Development in and around Towns - new shopping development will normally be permitted provided that the development:

Does not adversely affect the historical and architectural character of the centre and its environs; and

Does not give rise to unacceptable vehicular and/or pedestrian traffic considerations.

Policy EN1 - Protection and Enhancement of the Environment - General planning policy relating to built and countryside environments.

Key Issues

The key issues in relation to the proposed development are visual amenity/impact on street scene and impact on adjacent listed building/conservation area.

The proposed development has been designed to provide a strong frontage facing Conduit Lane, turning the corner to Union Street, with parking to the rear. The form of the building takes into account the relationship with adjoining listed building Lindpet House.

Increasing from two to four storeys. This would echo the various three and four storey buildings which bound the market place.

The proposal would be linked to Lindpet House by the removal of the existing modern entrance canopy and the formation of a single storey link. The link would be lower and narrower than the existing building and would not affect any features of particular architectural or historic significance.

As the building would step down from Lindpet House it is considered that the bulk of the proposal, four storey element, would be of sufficiently separated from the Lindpet House and the Albion Lodge to the rear to ensure that their setting would not be significantly compromised.

It is considered that the proposed development would reinforce the built form of one of the main entrance routes into the market place and improve the character and appearance of the surrounding area.

Whilst the proposed development would require the removal of the existing trees which front Conduit Lane, the scheme proposes replacement tree planting which would be secured by an appropriately worded condition.

The highway authority has not raised any objection to the proposed development, subject to a number of conditions relating to parking and manoeuvring on the site.

In light of the above comments, it is considered that the proposed development is acceptable and subject to appropriate conditions the application is recommended for approval.

SUMMARY

In line with policies, material considerations raised but do not outweigh policies The proposal is in accordance with national and local policies EN1, C5, C9, S1 and S2 of the South Kesteven Local Plan. The issues relating to visual amentiy, impact on setting of listed buildings/conservation area and street scene are material considerations but, subject to the condition(s) attached to this permission, are not sufficient in this case to indicate against the proposal and to outweigh the policies referred to above.

RECOMMENDATION: That the development be Approved subject to condition(s)

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. Before the development hereby permitted is commenced, final details of the materials to be used in the construction of external walls and roofs shall be submitted to and approved in writing by the District Planning Authority. Only such materials as may be agreed shall be used in the development. 3. Any gates to the vehicular access shall be set back a minimum of 5.5 metres from the nearside edge of the carriageway of Conduit Lane and shall not open over the highway. 4. The arrangements shown on the approved plan 06/1558/02 Rev A dated 24 April 2007 for the parking/turning/loading/unloading of vehicles shall be available at all times when the premises are in use.

5. No part of the development shall be occupied before the works to improve the public highway by means of footway improvements as indicated on Drawing No. 06/1558/02 Rev A received by the Local Planning Authority on 24 April 2007 have been certified complete by the Local Planning Authority. 6. The applicant shall arrange for an archaeologist recognised by the District Planning Authority to monitor all stages of the development involving ground disturbance in accordance with a scheme to be submitted to and approved by that Authority before development is commenced. A report of the archaeologist's findings shall be submitted to the District Planning Authority within one month of the last day of the watching brief and shall include arrangements for the conservation of artefacts from the site. 7. Before any development is commenced the approval of the District Planning Authority is required to a scheme of landscaping and tree planting for the site (indicating inter alia, the number, species, heights on planting and positions of all the trees). Such scheme as may be approved by the District Planning Authority shall be undertaken in the first planting season following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the District Planning Authority gives written consent to any variation. 8. No development shall take place before the detailed design of the arrangements for surface water drainage has been agreed in writing by the Local Planning Authority and no building shall be occupied before it is connected to the agreed drainage system. 9. The finish floor levels of the development hereby permitted shall be constructed in accordance with Sectional Plan Drawing No. RB/SC/07/021/100-12 unless otherwise agreed in writing by the Local Planning Authority. 10. The premises shall only be used for retail purposes between the hours of 07.30 and 22.00 Monday to Saturday and 08.20 and 21.00 and Sundays and public bank holidays unless otherwise agreed in writing by the Local Planning Authority. 11. The shall be no deliveries to or from the premises hereby permitted outside the hours of 07.00 and 22.00 on any day of the week unless otherwise agreed in writing by the Local Planning Authority. 12. Before the takeaway use(s) are commenced, odour neutralising equipment shall be installed for each unit that will suppress the emission of fumes or smell and obviate odours from frying or other cooking processes. No development shall take place until details of the equipment have been submitted to and approved by the District Planning Authority. 13. No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building(s) are occupied, or in accordance with a timetable agreed in writing with the Local Planning Authority. Development shall be carried out in accordance with approved details.

The reason(s) for the condition(s) is/are:

1. Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990, as amended by section 51 of the Planning & Compulsory Purchase Act 2004. 2. These details have not been submitted and the District Planning Authority wish to ensure that the colour and type of materials to be used harmonise with the surrounding development in the interests of visual amenity and in accordance with Policy EN1 of the South Kesteven Local Plan. 3. To enable calling vehicles to wait clear of the carriageway of Conduit Lane in the interests of safety, and in accordance with Policy EN1 of the South Kesteven Local Plan. 4. To allow vehicles to enter and leave the highway in a forward gear in the interests of highway safety, and in accordance with Policy EN1 of the South Kesteven Local Plan. 5. In the interests of safety of the users of the public highway and the safety of the users of the site, and in accordance with Policy EN1 of the South Kesteven Local Plan.

6. To ensure that satisfactory provision is made for the evaluation, investigation, preservation (in situ where necessary) and recording of any possible archaeological remains on the site and in accordance with Policy EN1 of the South Kesteven Local Plan. 7. Landscaping and tree planting contributes to the appearance of a development and assists in its assimilation with its surroundings. A scheme is required to enable the visual impact of the development to be assessed and to create and maintain a pleasant environment and in accordance with Policy EN1 of the South Kesteven Local Plan. 8. To ensure that surface water run-off from the development will not adversely affect, by reason of flooding, the safety amenity and commerce of the residents of this site, and in accordance with Policies S6 and EN1 of the South Kesteven Local Plan. 9. To protect the amenity of adjacent occupiers as in accordance with policies EN1 and S6 of the South Kesteven Local Plan. 10. To protect the amenity of adjacent occupiers as in accordance with policies EN1 and S6 of the South Kesteven Local Plan. 11. To protect teh amenity of adjacent occupiers as in accordance with policies EN1 and S6 of the South Kesteven Local Plan. 12. In order to protect the occupiers of nearby properties from the smells of food preparation and in accordance with Policy EN1 and S6 of the South Kesteven Local Plan. 13. To ensure a satisfactory form of development and ensure that the proposed development does not have any significant detrimental impact on the amenity of neighbouring occupiers as in accordance with policy EN1 of the South Kesteven Local Plan.

Note(s) to Applicant 1. Your attention is drawn to the enclosed Planning Guidance Note No. 2 entitled 'Watching Brief' and the Community Archaeologist's assessment which may be helpful to you in complying with the condition relating to archaeology included in this approval. The South Kesteven Community Archaeologist may be contacted at Heritage Lincolnshire, The Old School, Cameron Street, Heckington, Sleaford, Lincs NG34 9RW - Tel: 01529 461499, Fax: 01529 461001. 2. Prior to the commencement of any of the access works within the public highway, please contact the Divisional Highways Manager (Lincolnshire County Council) on 01522 782070 for appropriate specification and construction information. 3. You are advised that the application site falls within an area which requires protection from Radon. You are advised to contact the District Council's Building Control Services to ascertain the level of protection required, and whether geological assessment is necessary.

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KJC3 S07/0725/35 Date Received: 21-May-2007

Applicant Asda Stores Ltd C/o Agent Agent Savills Incorporating Hepher Dixon 23, Furzton Lake, Shirwell Crescent, Furzton, Milton Keynes, MK4 1GA Proposal Erection of car park deck Location Asda Stores, Union Street, Grantham

Site Details Parish(es) Grantham Site adjoins Conservation Area A Class Road Radon Area - Protection required Railtrack (York) within 50m - RAIL1 Section 106 applies on site S1 Town Centre Shopping Area Airfield Zone - No consultation required Barkston/Cranwell (refuse tips only) Drainage - Lincs CL - EPA Auth Processes - CONL Inf Req

REPORT

Representations Received

Local Highway Authority:

“Any comments will be reported verbally".

Archaeological Consultancy:

The proposed development does not affect any known archaeological sites.

Network Rail:

No objection in principle to the proposed development.

Representations as a result of Publicity

The application has been advertised in accordance with established procedures. Two letters of objection have been received from interested parties. A summary of their main concerns are listed below:

a) It will add to the ongoing pollution ‘hot spot’ that Grantham has.

b) The proposal would result in a dominant and oppressive environment. c) By encouraging more cars it will increase an unhealthy community and therefore fails to support current policy on healthy living. d) This is a conservation area and as such the development would be totally out of keeping with the surroundings. e) It would create a dominant and oppressive environment in an area of a busy roundabout. It would be in inappropriate entrance to the town, giving the impression of an industrial site not the entrance to an historic and pretty market town. f) The development would overlook my property and cause loss of privacy. The upper level will look into my sleeping accommodation. g) To create even more traffic flow at a junction which is already overloaded. h) The extra spaces are only required at busy times. The remainder of the time the current car park is half empty. i) We should be encouraging people to leave their cars at home.

J) The volume of traffic results in noise and fumes. Extra traffic will only exacerbate the problem.

K) The proposed car park would produce a purpose made racetrack.

The application Site and its Surroundings

The site is located on the northwestern edge of Grantham town centre and is currently occupied by an Asda supermarket and associated parking and servicing facilities. The existing store is made up of a mixture of red brick and white cladding. The site is bounded by Barrowby Road to the north, Union Street to the east, a residential area to the south and St Augustin Way to the west. St Augustin Way is set at a higher level than the existing car park.

A public house and Lidl supermarket are located immediately to the east across Union Street.

Residential properties predominate to the north and south.

Whilst the north eastern corner of the existing car park is within a conservation area, no part of the application site is within the conservation area.

The Proposal

Planning permission is sought for the erection of a car park deck providing 165 spaces on the upper level accessed via a vehicular ramp internal to the structure. In total the net gain of spaces within the site is 134.

The proposed deck would be constructed of red brick pillars supporting a concrete base. The upper deck would have a lightweight vehicle and pedestrian mesh barrier around its perimeter. A similar mesh construction would also enclose the internal access ramp. The lifts located at the southern end of the deck would be clad in off-white.

The car deck would be accessed from the existing main Asda store car park via the Barrowby Road/A52 roundabout. The southern stairwell and lifts have been located close to the store entrance to provide maximum accessibility. The car deck would be fully DDA compliant.

Policy Considerations

South Kesteven Local Plan

Policy E5: - Small Business – Planning permission will be granted for the development of small businesses or firms provided that: The scale and nature of the proposed development is compatible with existing neighbouring land uses. Satisfactory access servicing and parking facilities can be provided.

Policy S1:- Existing Town Centre Shopping Areas – retail development will normally be concentrated within or adjoining the town centre areas.

Policy S2: - New Shopping Development in and around Towns – new shopping development will normally be permitted provided that the development: Does not adversely affect the historical and architectural character of the centre and its environs; and

Does not give rise to unacceptable vehicular and/or pedestrian traffic considerations.

Policy EN1: - Protection and Enhancement of the Environment – General planning policy relating to built and countryside environments.

Key Issues

The key issues in relation to the proposed development are visual amenity/impact on street scene and highway safety/capacity of the highway network. The deck would be viewed against the backdrop of the existing super market building and would be a lightweight construction. It would occupy approximately half of the existing car park only. The remaining part of the car (including the area within the conservation) would remain unaffected.

As the proposed car deck would be adjacent to St Augustin Way, which is elevated in relation to the existing car park, and viewed against the existing supermarket it is considered that it would not have any detrimental impact on the character and appearance of the area or detract from the appearance of the adjacent conservation area.

Whilst the car deck would facilitate parking at an elevated level compared to the existing surface level car park. There would be adequate separation between the proposal and the residential properties on Barrowby Road, (approximately 34 metres). This distance would ensure that the occupiers of these properties would not experience any significant overlooking/loss of privacy or overshadowing that could justify refusal of planning permission on these grounds.

At the time of drafting this report no comments have been received from the highway authority.

Any comments will be reported verbally.

In light of the above comments, subject to no adverse comments being received from the local highway authority, it is considered that the proposed development is acceptable and subject to appropriate conditions the application is recommended for approval.

SUMMARY

In line with policies, material considerations raised but do not outweigh policies The proposal is in accordance with national and local policies EN1, E5, S1 and S2 of the South Kesteven Local Plan. The issues relating to viusal amenity, residential amenity, overlooking/loss of privacy, highway safety,impact on highway network and increased pollution are material considerations but, subject to the condition(s) attached to this permission, are not sufficient in this case to indicate against the proposal and to outweigh the policies referred to above.

RECOMMENDATION: That the development be Approved subject to condition(s)

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. Before the development hereby permitted is commenced, final details of the materials to be used in the construction of external walls and roofs shall be submitted to and approved in writing by the District Planning Authority. Only such materials as may be agreed shall be used in the development. 3. Before the development hereby permitted is commenced details of the colour and finish of the mesh screening shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with any such details as are approved.

The reason(s) for the condition(s) is/are:

1. Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990, as amended by section 51 of the Planning & Compulsory Purchase Act 2004. 2. These details have not been submitted and the District Planning Authority wish to ensure that the colour and type of materials to be used harmonise with the surrounding development in the interests of visual amenity and in accordance with Policy EN1 of the South Kesteven Local Plan. 3. In the interests of visual amenity as in accordance with policy EN1 of the South Kesteven Local Plan.

Note(s) to Applicant 1. The applicant is advised to contact Network Rail regarding any use of large cranes in proximity to the nearby railway line. You are advised to contact Network Rail's Outside Parties Engineer, 2nd Floor, George Stephenson House, Toft Green, York, Y01 6JT to discuss this matter. 2. You are advised that the application site falls within an area which requires protection from Radon. You are advised to contact the District Council's Building Control Services to ascertain the level of protection required, and whether geological assessment is necessary.

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