County Offices Newland Lincoln LN1 1YL

25 September 2015

Planning and Regulation Committee

A meeting of the Planning and Regulation Committee will be held on Monday, 5 October 2015 in the Council Chamber, County Offices, Newland, Lincoln LN1 1YL at 10.30 am for the transaction of business set out on the attached Agenda.

Yours sincerely

Tony McArdle Chief Executive

Membership of the Planning and Regulation Committee (15 Members of the Council)

I G Fleetwood (Chairman), D McNally (Vice-Chairman), J W Beaver, D Brailsford, G J Ellis, D C Hoyes MBE, D M Hunter-Clarke, M S Jones, Ms T Keywood- Wainwright, N H Pepper, Mrs H N J Powell, Mrs J M Renshaw, C L Strange, T M Trollope-Bellew and W S Webb

PLANNING AND REGULATION COMMITTEE AGENDA MONDAY, 5 OCTOBER 2015

Item Title Report Reference 1. Apologies/replacement members

2. Declarations of Members' Interests

3. Minutes of the previous meeting of the Planning and Regulation Committee held on 7 September 2015 (Pages 5 - 10) 4. Traffic Items

4.1 Caunt Road, Grantham - Traffic Regulation Order (Pages 11 - 24) 4.2 Louth, Vickers Lane - Proposed Waiting Restrictions (Pages 25 - 34) 4.3 North Street, Digby - Proposed Introduction of No Waiting At Any Time Traffic Regulation Order (Pages 35 - 48) 4.4 Solo Club, 6 Market Street, Sleaford, NG34 7SF - Application for a Pavement Café Licence (Pages 49 - 64) 4.5 Traffic Regulation Orders - Progress Review (Pages 65 - 74) 5. County Matter Planning Applications

5.1 Under the provisions of Schedule 14 of the Environment Act 1995 for the First Periodic Review of the conditions by which (Pages 75 Little Ponton Quarry, Whalebone Lane, Little Ponton operates - 126) - Trustees of Park Farm 1987 Settlement (agent: Hughes Craven Ltd) - S53/0255/13

6. County Council Applications

6.1 To construct a two classroom extension, staffroom extension, construct new reception office, extend playground, remodel (Pages front car park and form a new parking area with new vehicle 127 - 146) access from Knight Street at Pinchbeck East Church of England Primary School, Fennell Road, Pinchbeck - H14/0693/15

6.2 To construct a new two storey building to accommodate vocational education facilities together with external works (Pages comprising a new car park and a multi use games area at 147 - 172) Lincolnshire Secure Unit, Rookery Avenue, Sleaford - N57/0495/15 7. Other Reports

7.1 Mineral and Waste Local Plan Briefing Report (To Follow)

Democratic Services Officer Contact Details

Name: Steve Blagg Direct Dial 01522 553788 E Mail Address [email protected]

Please Note: for more information about any of the following please contact the Democratic Services Officer responsible for servicing this meeting

 Business of the meeting  Any special arrangements  Copies of reports

Contact details set out above.

All papers for council meetings are available on: www.lincolnshire.gov.uk/committeerecords PLANNING AND REGULATION COMMITTEE 7 SEPTEMBER 2015

PRESENT: COUNCILLOR I G FLEETWOOD (CHAIRMAN)

Councillors D McNally (Vice-Chairman), J W Beaver, D Brailsford, G J Ellis, D C Hoyes MBE, D M Hunter-Clarke, Ms T Keywood-Wainwright, Mrs J M Renshaw, C L Strange, T M Trollope-Bellew and W S Webb

Officers in attendance:-

Steve Blagg (Democratic Services Officer) and Neil McBride (Development Manager) and Adrian Truss (Solicitor, Legal Services)

23 APOLOGIES/REPLACEMENT MEMBERS

Apologies for absence were received from Councillors M S Jones and N H Pepper.

24 DECLARATIONS OF MEMBERS' INTERESTS

There were no declarations of interests at this stage of the meeting.

25 MINUTES OF THE PREVIOUS MEETING OF THE PLANNING AND REGULATION COMMITTEE HELD ON 27 JULY 2015

RESOLVED

That the minutes of the previous meeting of the Planning and Regulation Committee held on 27 July 2015, be agreed as a correct record and signed by the Chairman.

26 COUNTY MATTER PLANNING APPLICATIONS

27 SUPPLEMENTARY REPORT - TO VARY CONDITIONS 6 (OUTSIDE STORAGE), 7 (TREATMENT OF TYRES) AND 11 (DETAILS OF PARKING AND TURNING) OF PLANNING PERMISSION B/0370/11 AT ENVIROTYRE UK LTD, REED POINT, SUTTERTON -- B18/0167/15

Lewis Smith, representing the applicant, commented as follows:-

1. An Environment Permit existed for the site. 2. A Fire Management Plan existed for the site. 3. The storage of water in the event of a fire on the site was in place. 4. Fire hydrants existed in suitable locations on the site. 5. The Fire and Rescue Service were satisfied with the arrangements for the storage of tyres and tyre bales on the site. PLANNING AND REGULATION COMMITTEE 7 SEPTEMBER 2015

6. The fire at a similar plant at Kirton in 2003 was on an unregistered site. 7. The plant at Sutterton was much smaller than the Kirton site.

In response to a question from the Committee, Lewis Smith explained the dimensions of the outside storage site for tyres and tyre bales and the procedures in place for removing them in to internal storage at the end of the day adding that by the use of a fork lift truck the bales could be moved quickly and tyres would be rolled into the internal storage. He stated that it was not proposed to use the entire outside storage space to store tyres and tyre bales but to only use this area if there was no internal room.

Officers stated that following further examination the dimensions of the outside storage area was 23 metres by 17 metres, not 40 metres by 30 metres, as stated by Lewis Smith.

Comments made by the Committee included:-

1. This was a relatively new business and this was a tidy site. 2. The dimensions of the outside storage area had been supplied by the applicant. 3. The applicant had done everything the Committee had requested at its last meeting.

On a motion by Councillor W S Webb, seconded by Councillor D Brailsford, it was –

RESOLVED (unanimous)

That planning permission be granted for the variation of Condition Nos. 2, 6, 7 and 11 of planning permission B18/0370/11, dated 16 May 2012, and subject to all other conditions so far as the same are still subsisting and capable of taking effect and that new conditions be imposed to replace Conditions Nos. 2, 6, 7 and 11, as detailed in the report.

28 SUPPLEMENTARY REPORT - TO VARY CONDITION 6 OF PLANNING PERMISSION S12/0601/14 (TO ALLOW THE STOCKPILES TO BE UP TO A MAXIMUM OF 6 METRES IN HEIGHT) - BLUE SKY PLASTICS LTD, SOUTH FEN ROAD, BOURNE - S12/1153/15

Mr Chris Riddle, the applicant commented as follows:-

1. Planning permission had been granted for the site in November 2014. 2. Described the layout of the site, its surroundings and the planting which had taken place around the site. 3. The company was unique in the country in the type of work it carried out and the challenges faced in moving materials from the site to other destinations. 4. Good progress had recently been made in moving materials off site and therefore it had been possible to reduce the height of the materials stored on the site to four metres. This had led to the company being able to enforce the new layout of the site to meet the conditions of the Environment Permit. PLANNING AND REGULATION COMMITTEE 7 SEPTEMBER 2015

5. With regard to the visual impact of the site on neighbours there had not been any objections to their proposal to increase the height of materials.

On a motion by Councillor T M Trollope-Bellew, seconded by Councillor I G Fleetwood, it was –

RESOLVED (unanimous)

That the application be refused as detailed in the report.

29 SECTION 73 APPLICATION TO VARY CONDITIONS 2 (DEVELOPMENT IN ACCORDANCE WITH SUBMITTED PLANS), 4 (ACTIVITIES INSIDE THE BUILDING), 6 (OUTSIDE STORAGE) AND 9 (NO MECHANICAL SORTING) OF PERMISSION B/0423/09 AT SILVER SKIPS, NURSERY ROAD, RIVERSIDE INDUSTRIAL ESTATE, BOSTON - B/0195/15

Lewis Smith, representing the applicant, commented as follows:-

1. The applicant was a small company. 2. Planning permission was granted for the site in 2009. 3. The site had an Environmental Permit. 4. The company had an increased workload and was trying to make the site layout more efficient. 5. The sorter to deal with concrete and soil arriving at the site was explained. 6. There was not any crushing of materials involved. 7. A dust management plan would be in place. 8. The screening of soil formed only a small part of the process. 9. Improved fencing would be provided around the site.

In response to a question, Lewis Smith stated that no businesses were likely to be harmed in proximity to the applicant's site.

Comments made by the Committee included:-

1. This type of company was needed as recycling increased. 2. Similar companies existed in proximity to the applicant's site. 3. During strong winds it was hoped that the applicant would take the necessary measures to prevent windblown dust. 4. Was it possible to plant shrubs to separate the adjacent company's site from the applicant's site? 5. If there was a problem caused by windblown dust what action could the Committee take to prevent this happening?

Officers' responses to the comments made by the Committee included:-

1. The report gave details of the dust management measures proposed to be put in place by the applicant to address windblown dust. 2. The adjacent company had a single door opening on the frontage of the building facing the application site. PLANNING AND REGULATION COMMITTEE 7 SEPTEMBER 2015

3. The area adjacent to the proposed fence along the southern boundary was not suitable for the planting of vegetation and would not provide any additional mitigation to reduce dust nuisance from the proposed development. 4. Should there be a problem with windblown dust the applicant was required to follow the various planning conditions and the terms of the Environmental Permit.

On a motion by Councillor W S Webb, seconded by Councillor I G Fleetwood, it was –

RESOLVED (11 votes for, 0 votes against and 1 abstention)

That planning permission be granted for the variation of Condition Nos. 2, 4, 6, and 9 of planning permission B/0423/09, dated 10 December 2010, and that an updated decision notice be granted which includes revised conditions to replace Conditions No. 2, 4, 6 and 9 as well as the imposition of additional Condition No. 1, as detailed in the report.

30 OTHER REPORTS

31 A REPORT ON RECENT GOVERNMENT ADVICE FOR DETERMINING SHALE GAS PLANNING APPLICATIONS AND THE OUTCOME OF THE 14TH ONSHORE OIL AND GAS LICENSING ROUND

(Note: Councillor D Brailsford requested that a note should be made in the minutes that he had received an email enquiry from a Green Party candidate on 19 August 2015, in connection with "hydraulic fracturing" (fracking) who had enquired about potential fracking sites in the county and which local authority was responsible for giving planning permission. Councillor D Brailsford had responded that he was unaware of any locations for fracking in the county and had explained which agencies were responsible for giving planning permission).

The Committee received a report in connection with recent Central Government proposals to ensure decisions were made on shale gas applications without unreasonable delay, the outcome of the 14th onshore oil and gas licensing round and an update on the situation for a potential shale gas development at Mission in Nottinghamshire.

Comments made by the Committee included:-

1. The effects of new housing development on potential hydro-carbon sites especially in the Gainsborough area. 2. Who made the decision on whether an appropriate assessment was required? 3. What had been the reason(s) for the earthquake in Lancashire following fracking exploration which had taken place in that area? 4. More training was required for Members on this subject. 5. The need for the public to be made aware that applications for fracking exploration would not be expedited without proper consideration. PLANNING AND REGULATION COMMITTEE 7 SEPTEMBER 2015

Officers' responses to the comments made by the Committee included:-

1. It was the responsibility of the Oil and Gas Authority to consider whether an appropriate assessment was required, for example, the presence of a National Park or AONB, then it would be necessary for the company to carry out a desk top exercise to see whether a further environment assessment was necessary. 2. Following the minor earthquake in Lancashire new stricter regulations had been brought in that required seismic monitoring during the drilling process to act as an alert if any seismic activity was recorded. If it was detected above a certain threshold drilling must stop immediately. 3. Training for Members would be arranged as soon as it was known that an application for shale gas exploration was to be submitted. Oil and gas companies had given a commitment to inform the County Council in advance of submitting any application to carry out shale gas exploration.

RESOLVED

That the report be noted.

The meeting closed at 11.45 am

Regulatory and Other Committee

Open Report on behalf of Richard Wills, Executive Director for Environment and Economy

Report to: Planning and Regulations Committee Meeting Date: 05 October 2015 Subject: Caunt Road, Grantham - Traffic Regulation Order KeyDecision decision? Reference: No Summary: The purpose of this report is to consider the objections received during formal consultation to introduce a No Waiting Mon-Fri 8am-6pm Traffic Regulation Order on Caunt Road, from the junction with Springfield Road, to 15m south of the junction with Haddon Road.

Recommendation(s): It is recommended that the Committee agrees that the objections should be overruled and that the order be confirmed as proposed at consultation.

1. Background

1.1 Within the last decade, the area around Caunt Road has been largely developed upon. In the first instance light industrial uses were sought (Springfield Road Industrial Estate / Business Park), and latterly residential developments have been given planning permission, with the estates currently nearing completion. With this increase in development has come the associated increase in vehicular traffic.

1.2 Caunt Road is a local distributor road measured at 7m. Once cars and light vans have parked to access either the housing estate, or the industrial units, this is reduced to less than the National Design Guidelines stipulate for a 2 way road of this type. The increase in parking in this area has led to visibility concerns when exiting the adjacent junctions, and a corresponding decrease in width to enable appropriate traffic flow along Caunt Road, especially to the Business Park.

1.3 Following recent inspections, parked vehicles have been causing concerns in Caunt Road. It has been observed that a number of vehicles park in these areas causing inconvenience and obstruction to the normal traffic flow. It has become apparent that an increasing need for additional waiting restrictions exists, especially in light of the recent and future development in the area. 2. Consultations 2.1 The statutory consultations for this scheme took place between 1st July 2015 and 1st August 2015. The proposal was then publically advertised on 29th July 2015 and 27th August 2015.

3. Objections 3.1 During the consultation period several objections were received, both from residents and the local County Councillor, Councillor Mrs C Morgan.

3.2 One resident had concerns that there is limited parking for the residents and their visitors, and that Caunt Road provides a necessary overspill amenity. The resident also suggested that an alteration to the lighting sequence would make a marked improvement in queuing traffic in the area.

3.3 The objections received maintained that reducing parking amenity in this area would lead to vehicles being parked within the housing development roads, causing substantially more inconvenience and safety concerns than those alluded to on Caunt Road. Furthermore, one objector stated that the vehicles parked on Caunt Road currently act as a deterrent to speeding along this section of carriageway, and the removal of such would invariably lead to an increase in road accidents.

3.4 It has been suggested by more than one objector that the proposals would be more acceptable if limited to one side of the road, and for a more limited time, possibly 5pm-6pm Monday – Friday.

4. Comments on Objections 4.1 With regard to traffic light sequencing, this is currently under review within the 3 yearly cycle, and any alterations will be made as necessary after reassessment. These are currently on a 4 set time phase which was deemed appropriate after the previous traffic assessment.

4.2 Although it has been raised that the development does not provide sufficient parking, there is clear evidence that ample parking is provided; each house having off street parking for at least one vehicle, and most having in excess of this, including many having a garage.

4.3 It is the apparent and ongoing safety concerns of parked vehicles on Caunt Road that is the focus of this report, and all other roads are, and will be, considered as part of the ongoing review of the parking amenity in Grantham as a whole. That parked vehicles, themselves causing a safety concern, are limiting potential speeding, an additional safety issue and illegal act, does not in our view preclude the introduction of waiting restrictions in this area to combat a real and existing safety problem.

4.4 The suggestions regarding altering the proposed waiting restrictions to either one side of the road, or limiting the times, have been considered. We would suggest that allowing parking on one side of the road / limiting the waiting restriction times would not improve the flow, or visibility from junctions which are the initial reasons for the proposal. Furthermore, considering the ongoing development in the area, and the successful nature of the Business Park, it is likely that traffic in the vicinity will increase proportionally with this success. Therefore, to ensure the ongoing access to the Park, we believe that these parking restrictions 'futureproof' the Business Park enabling its continued growth, and benefit Grantham as a whole. However, with the proposed traffic restrictions evening and weekend parking will still be available.

5. Conclusion

5.1 Our Development Road Specification and Construction Policy states that "Where it is deemed by the Highways Authority that, in the interests of highway safety and/or required by regulations, traffic signs are required to be erected and/or road markings need laying, as part of the development Developers will have to provide them at their cost". Using this policy guidance, the Developer is paying for the Traffic Regulation Order entirely and there are no cost implications on Lincolnshire County Council's resources.

5.2 Whilst the objections have been noted, it is recommended that the objections are overruled on this occasion.

a) Policy Proofing Actions Required N/A

Appendices

These are listed below and attached at the back of the report Appendix A Location Plan Appendix B Consultation Letter Appendix C Photographs Appendix D Public Notice

Background Papers

No background papers within Section 100D of the Local Government Act 1972 were used in the preparation of this report.

This report was written by Mark Heaton, who can be contacted on 01522 782070 or [email protected].

Appendix C

Caunt Road, Grantham – Facing South Appendix C

Caunt Road, Grantham – Facing South Appendix C

Caunt Road, Grantham – Facing North

Appendix D – Public Notice

PUBLIC NOTICE

LINCOLNSHIRE COUNTY COUNCIL (GRANTHAM – CAUNT ROAD) (PROHIBITION OF WAITING) AMENDMENT ORDER 20

NOTICE IS HEREBY GIVEN that the Lincolnshire County Council propose to make an Order under their powers contained in the Road Traffic Regulation Act 1984, the effect of which will be to prohibit waiting as set out in the Schedule below.

Exemptions are included which will permit waiting for disabled persons’ vehicles and for the purpose of picking up or setting down passengers, loading or unloading of goods, the maintenance of the roads, and works in connection with the supply of gas, electricity, water and telecommunications apparatus.

A copy of the proposed Order and a plan showing the lengths of road concerned with a Statement of Reasons for proposing to make the Order may be inspected at the address given below and the offices of South Kesteven District Council, during normal office hours.

Objections to the proposals, together with the grounds on which they are made, must be sent in writing to R A Wills - Executive Director (Environment & Economy), Lincolnshire County Council, Unit 7, Witham Park House, Waterside South, Lincoln, LN5 7JN, (For the attention of: Mrs T Featherstone, Traffic Orders Section) by 26 August 2015.

No Waiting 8.00am to 6.00pm Monday to Friday Caunt Road Both Sides – From its junction with Springfield Road in a southerly direction to a point 15 metres south of its junction with Haddon Road

Regulatory and Other Committee

Open Report on behalf of Richard Wills, Executive Director for Environment and Economy

Report to: Planning & Regulation Committee Date: 5th October 2015 Subject: Louth, Vickers Lane - Proposed Waiting Restrictions KeyDecision decision? Reference: No Summary: This report outlines objections to a proposal for waiting restrictions within Vickers Lane at Louth that are aimed at ensuring that access is maintained for emergency vehicles as well as businesses wishing to load / unload at any time into this cul- de-sac area. The proposal also allows for some daytime parking.

Recommendation: It is recommended that the Committee agrees to overrule the objections and that the Order be confirmed as proposed at the consultation stage.

Background

1. Concern has been expressed with regard to difficulties that delivery vehicles have when trying to gain access into Vickers Lane at various times. This is mainly due to illegally parked vehicles. This has led to concerns that emergency vehicles would also have similar problems in gaining access in the event of an emergency.

2. There has been a continual issue with the vandalism of the existing time plates that are in place to advise drivers of the existing 8am–6pm parking restriction. Enforcement of the parking restriction is therefore difficult and it is this that has led to the illegal parking of vehicles and the primary cause of the access difficulties. Existing Conditions

3. Vickers Lane is a narrow cul-de-sac of approx. of 100 metres in length with access off Northgate. It has a turning head at its southern end and then a footpath link for pedestrians through to Eastgate and the Town Centre shops. There are businesses primarily on the eastern side and residential properties on the western side. In addition, there are rear accesses for loading / unloading as well as fire exits from the shops that front Eastgate.

4. Currently there is an 8am-6pm parking restriction in place along the whole length of Vickers Lane and in theory this should overcome many of the problems that exist with parking and allow access for loading etc. However, many of the time plate signs are continually vandalised and blacked out, which makes enforcement difficult. As a result, parking is now taking place for longer periods and causing problems with access for loading as well as general access.

5. Overnight, and when the businesses are closed, there are not the levels of parking taking place and so the problems with access are not as bad, although on occasions it does happen. However, there is some loading that takes place early in the mornings to some of the shops and so problems can occasionally occur.

Proposal

6. The proposal is for the main parking restriction to be extended from 8am- 6pm to At Any Time as shown on Plan B. Such a restriction does not require time plate signs and so the issue with vandalism will be overcome and enforcement can then take place.

7. It is also proposed to introduce a small length of 1 hour limited waiting parking between 8am and 6pm, Monday – Saturday. This will give shoppers an area to use during the day as well as allowing residents to park overnight and on Sundays.

Objections & Comments Received

8. Following the consultation and public advertisement period, 3 objections have been received from businesses in the area. All state that the proposed restrictions will cause inconvenience for loading and unloading as well as parking. The issue of permits has been mentioned and requested as a way of helping the businesses in the area and these would allow them to park in the street. One business states that they have deliveries by car at various times of the day and so they feel that this proposal is more onerous.

9. A comment has also been received from a resident of Northgate. They are concerned that the more onerous restriction of At Any Time could reduce their opportunity to park after 6pm.

10.There is support for the proposal from Argos and Peacocks, two of the businesses that have rear access off Vickers Lane, but front Eastgate.

Comment / Objections

11.There appears to be some misunderstanding from the objectors regarding what the rules are in terms of loading and unloading of goods on waiting restrictions and that double yellow lines are more onerous than a single yellow line. Generally speaking, loading and unloading can take place on either waiting restrictions as long as that activity is ongoing. If loading or unloading is not ongoing, then it is deemed as parking and enforcement can take place.

12.In terms of permits, these could be provided if there is a specific need and at a specific time - such as building work, but general permits for allowing businesses or customers to park on double or single yellow lines cannot be issued.

13.The addition of the limited waiting parking bay at specific hours will help the issue relating to the restaurant as well as the providing an area for residents overnight. There are already limited waiting bays on Northgate and so residents and customers can make use of these during the day as well as overnight when they are unrestricted. The comment about overnight parking made by the resident has been discussed with them and they are generally supportive of the proposals bearing in mind the other available parking options.

Consultations

14.Consultations have taken place and the results are as follows:  County Councillor Mrs S. Dodds supports the proposals.  Louth Town Council support the proposals.  East Lindsey District Council supports the proposals.  Road Safety Partnership/Chief Constable supports the proposals.  Lincolnshire Fire & Rescue support the proposals.  The Freight Transport & Road Haulage Associations support the proposals.

a) Policy Proofing Actions Required n/a Appendices

These are listed below and attached at the back of the report Appendix A Location Plan A Appendix B Detailed Plan B Appendix C Photographs

Background Papers

No background papers within Section 100D of the Local Government Act 1972 were used in the preparation of this report.

This report was written by Ian Mickleburgh, who can be contacted on 01522 550442 or [email protected].

PLANNING and REGULATION COMMITTEE

Report: Louth Vickers Lane Proposed Waiting Restrictions

1. Looking along Vickers Lane from a point just south of the turning head

2. Looking south into Vickers Lane form North Gate

3. Looking into Vickers Lane from a point just north of Eastgate

4. Looking into the turning head on Vickers Lane

Regulatory and Other Committee

Open Report on behalf of Richard Wills, Executive Director for Environment and Economy

Report to: Planning and Regulations Committee Date: 05 October 2015 North Street, Digby - Proposed Introduction of No Subject: Waiting At Any Time Traffic Regulation Order KeyDecision decision? Reference: No Summary: The purpose of this report is to consider one objection that was received during formal consultation to introduce No Waiting At Any Time Traffic Regulation Order at North Street, Digby.

Recommendation(s): It is recommended that the Committee agrees that the objection should be overruled and that the order be confirmed as proposed at consultation.

1. Background

Concerns were raised by residents regarding the inappropriate and sometimes dangerous parking seen outside the Red Lion Public House during business opening times. This mainly consists of parking directly outside the Pub on North Street itself, sometimes when the Pub car park is full and occasionally when it is not. This parking creates some safety concerns particularly when vehicles park close to the North Street / Beck Street junction, as the turn into North Street from Beck Street from the west is tight with restricted visibility creating a dangerous conflict for the approaching vehicles. Investigations also revealed that parking outside the Pub also restricted and prevented legitimate parking in two disabled parking bays on the opposite side of the road.

North Street and Beck Street are the two main streets in the village of Digby (Appendix A). They both serve all of the other village streets and take traffic through the village and out to neighbouring parishes and smaller rural communities. North Street is the main road through to the rear entrance of Digby Primary School and also has the Pub and village hall off of it (Appendix B). As mentioned, currently, outside the village hall on North Street, opposite the Red Lion Public House, there are two legally enforceable disabled parking bays which are used by less able bodied drivers to help them access the village hall for various classes and evening meetings. These will remain. 2. Proposal

The proposal is to introduce a No Waiting At Any Time Order as per the Consultation Proposal Plan (Appendix B).

3. Consultations

Formal consultations with statutory consultees including Digby Parish Council, the local County Council Member and the Red Lion Public House took place between 2nd April 2015 and 22nd May 2015 (Appendix C). A formal advertisement was then posted between 13th May 2015 and 10th June 2015 (Appendix D).

4. Objections

One objection letter was received during the whole of the consultation period, from a former Member of the Parish Council writing as a resident as summarised below.

1. The proposed intrusion of road markings would be a great shame and not beneficial. 2. Digby has a difficult road network and there are many places where great care has to be taken when driving. Where houses are close to the road with no off-street parking, these obstacles (cars) serve to slow down the traffic. 3. There have been very few, if any, incidents over the years. Farm vehicles and lorries have negotiated the village for decades.

The objector was written to following the receipt of the objection letter.

5. Comments on Objections

North Street has always been a relatively busy through route for traffic but, since the change in management and ownership of the Red Lion Public House, there has been a marked increase in parking in the area as the Pub has become busier and more attractive to people from outside the village. An increase in the activities held at the village hall has also meant that on-street parking in this area has risen, sometimes even to the point that obstructive parking has taken place and access to the disabled bays has been diminished. It is this obstructive and sometimes dangerous parking that it is proposed to control.

Addressing the objection issues listed above, the following respective comments are made.

1. The introduction would be a benefit to all road users as it would remove the potential for conflict at the junction and allow for clear parking in the disabled bays. The village hall committee have already offered the village hall car park as an off-street alternative for Pub users which will actually give more room for patrons than the current on-street provision. 2. The location of these proposals offers some security to drivers who, in particular, turn left into North Street from Beck Street, safe in the knowledge that no vehicles will be parked within the restricted area. This is a tight and blind corner and needs to be cleared. Other areas in the village do not have this problem. 3. This is true but it is better to be proactive rather than reactive and on this occasion this is justified because of the layout of the road.

6. Support

Support was given to these proposals by County Councillor Tweedale who confirmed in writing that we did have his support. The Parish Council also supported the proposals.

7. Conclusion

Taking account of the issues and the road layout in this immediate area, the reasons for introducing this legal order far outweigh the objection received. Officers therefore recommend that the objections be overruled and the scheme is implemented as consulted on and advertised.

a) Policy Proofing Actions Required N/A

Appendices

These are listed below and attached at the back of the report Appendix A Location Plan Appendix B Consultation Proposal Appendix C Consultation Letter Appendix D Advertisement Details Appendix E Photographs

Background Papers

No background papers within Section 100D of the Local Government Act 1972 were used in the preparation of this report.

This report was written by Rowan Smith, who can be contacted on 01522 782070 or [email protected].

North Street, Digby Proposed No Waiting At Any Time (NWAAT) parking restrictions - location plan

This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's DIRECTORATE FOR DEVELOPMENT Stationery Office © Crown copyright. Director: Richard Wills Unauthorised reproduction infringes City Hall, Orchard Street, Lincoln LN1 1DN Crown copyright and may lead to Scale 1/32000 prosecution or civil proceedings. 100025370 2006.

© Copyright GeoPerspectives 2005

North Street, Digby Proposed No Waiting At Any Time (NWAAT) parking restrictions - highlighted in green

This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's DIRECTORATE FOR DEVELOPMENT Stationery Office © Crown copyright. Director: Richard Wills Unauthorised reproduction infringes City Hall, Orchard Street, Lincoln LN1 1DN Crown copyright and may lead to Scale 1/500 prosecution or civil proceedings. 100025370 2006.

© Copyright GeoPerspectives 2005

Appendix E Views of the junction with no parked vehicles Appendix E

Parked vehicles causing issues for drivers

Regulatory and Other Committee

Open Report on behalf of Richard Wills, Executive Director for Environment and Economy

Report to: Planning and Regulations Committee Date: 05 October 2015 Solo Club, 6 Market Street, Sleaford, NG34 7SF - Subject: Application for a Pavement Café Licence KeyDecision decision? Reference: No Summary: The purpose of this report is to consider one objection that was received during the formal advertisement of an application for a pavement café licence by the Solo Club, Sleaford.

Recommendation(s): It is recommended that the Committee agrees that the objection should be overruled and that the licence be granted.

1. Background

The Solo Club in Sleaford is a well-established business in the centre of the town (Appendix A) which caters for a range of uses including drinking, eating and meetings of various clubs and groups.

The owners have applied for a Pavement Café Licence, with the location and layout as per the plans in Appendix A.

2. Proposal

The proposal is for The Solo Club to be allowed to place tables, chairs and other items on the highway outside of the property, with the area this takes up being monitored and controlled under the rules of the Pavement Café Licence being issued to them. 3. Consultations

Formal consultations with statutory consultees including Sleaford Town Council and the local County Council Members took place between 5th June 2015 and 29th June 2015 (Appendix B). A formal advertisement was then posted on site between 8th July 2015 and 5th August 2015 (Appendix C), with letters also going to affected businesses at the same time (Appendix D).

4. Objections

One letter of objection was received during the consultation process, a summary of the objection is given below.

1. Outside seating poses access issues where essential works from outside agencies (BT, Anglian Water etc), who park their vehicles whilst working in the passage, would make it a struggle for members of the public to pass, particularly those who use mobility scooters. Parents with double prams and children alongside would also struggle. Delivery vehicles would also struggle to gain access. 2. Having the consumption of alcohol in a public access area, open to all age ranges, on occasions poses problems. It is feared that not all people will be sitting quietly and chatting and, when the people are sitting outside, some may feel intimidated or uneasy about continuing to use this thorough fair to walk past them. What impact would this have on us as a business and potential loss of trade? 3. Serious consideration should be given during times when parents and young children leave the local primary school and walk home, as well as considering the 200 plus children/young adults who use it as a cut through from other local schools. 4. The use of glasses and bottles, as well as china and cutlery, in the street also gives us concerns. There is already an issue with non-collection of glasses from the small courtyard area within the boundary of the Club, let alone the additional accumulation on even more tables on a public footpath. The levels of damage or injury that could arise with such volumes of adults/children loitering in the passageway is a concern, let alone allowing them access to glass and knives. We would like to see the outcome of any risk assessment carried out.

5. Comments on objections

Sleaford Market Place is a well-used pedestrian route, with both adults and young children using the footway area adjacent to The Solo Club as a cut through both to and from Northgate, mainly during school term times. At school times there are many older children about as well as the Market Place is a congregating area for those that use the school bus service to get to and from their home. Usage is high at the two main times of the school term days but at other times is minimal. It is true that there are deliveries as well but these are managed from outside of this area as there are lockable bollards at either end of the passageway which are controlled by the County Council and are only opened upon receipt of a formal request. Addressing the objections listed above, the following respective comments are made.

1. Any works required to be carried out by utilities, private individuals and businesses or the highway authority would be given access via the bollards and this would have to be clear access to all areas as appropriate. If this involved moving the Solo Club's tables and chairs then this would happen. Regarding room to pass, even with the establishment of the area there would still be at least 2.5m of width left which would easily accommodate pedestrians and less able bodied individuals. As stated earlier, delivery vehicles do not access the passageway area as the bollards prevent this. 2. It is agreed that some may feel intimidated but there is an alternative access route around the Market Place and if potential customers were heading for a certain shop or premises then it is likely that they would still go there if they did wish to. It is difficult to see how the granting of this licence would have a detrimental effect on any businesses' income or trade due to access issues. 3. The licence times of operation are between 10am and 11pm on trading days. This means that the morning pedestrian school footfall will not be affected. The times will of course cover the afternoon period but it is not anticipated that there will be issues or conflicts between pedestrians, school children or patrons of The Solo club. Anything that does happen will be investigated by the appropriate authorities. 4. The licence agreement, when signed, is a legally binding agreement where the holder has to adhere to many rules and regulations regarding various things including the setting out of the area, the control of this area and the hours of operation. The holder of the licence is also liable for any damage, incidents or claims that are directly attributable to this part of the business operations. It is therefore the licence holder's responsibility to assess the risks and maintain, as far as is reasonably practicable, a safe area for customers and passers-by.

6. Support

The proposal was supported in writing by the local Members (Cllr A Hagues and Cllr M Allan) and the Town Council.

7. Conclusion

This proposed Pavement Café Licence will be an added attraction to the town and may well encourage others to do the same, as long as the location is right of course. Sleaford is a beautiful market town which does need to be revitalised and this type of proposal could be the starting point in encouraging a café style culture, something which is actually mentioned in the Sleaford Masterplan. Officers therefore recommend that the objections be overruled and the licence is granted as consulted on and advertised. a) Policy Proofing Actions Required N/A

Appendices

These are listed below and attached at the back of the report Appendix A Location Plan and Layout Proposals Appendix B Consultation Letter Appendix C Advertisement Details Appendix D Letter to Affected Premises Appendix E Photographs

Background Papers

No background papers within Section 100D of the Local Government Act 1972 were used in the preparation of this report.

This report was written by Rowan Smith, who can be contacted on 01522 782070 or [email protected].

Appendix E View of the bollards and frontage of the Solo Club from the Market Place Appendix E

View of the available width and proposed location of the café furniture – looking towards the Market Place from Northgate Appendix E View looking away from the Solo Club towards Northgate and the bollards here

Regulatory and Other Committee

Open Report on behalf of Richard Wills, Executive Director for Environment and Economy

Report to: Planning and Regulation Committee Date: 05 OCTOBER 2015 Subject: Traffic Regulation Orders – Progress Review KeyDecision decision? Reference: No Summary: This report informs the Committee of the position on all current Traffic Regulation Orders (Schedules 1-4) and petitions received since the last meeting (Schedule 5).

Recommendation(s): That the report be received and the receipt of petitions be noted.

1. Background N/A

2. Conclusion N/A

3. Consultation N/A a) Has the Local Member Been Consulted? N/A

b) Policy Proofing Actions Required N/A

4. Appendices

These are listed below and attached at the back of the report Appendix A Schedule 1 North Division - East Lindsey Area Appendix B Schedule 2 North Division - Greater Lincoln and Gainsborough Area Appendix C Schedule 3 South Division - Boston and South Holland Area Appendix D Schedule 4 South Division – South Kesteven and Sleaford Area Appendix E Schedule 5 Petitions that have been received since the last meeting

5. Background Papers

No background papers within Section 100D of the Local Government Act 1972 were used in the preparation of this report

This report was written by Paul Little and Satish Shah and who can be contacted on 01522 782070 or [email protected]. SCHEDULE 1 NORTH DIVISION – EAST LINDSEY AREA

PARISH LOCATION TYPE PREVIOUS POSITION PRESENT POSITION 1. Alford Hamilton Road Waiting Restrictions Consulting Advert 26/08/15 – 23/09/15 2. Chapel St Leonards Amery Way Waiting Restrictions Advert 27/05/15 – 24/06/15 Operative 24/8/15 3. Chapel St Leonards South Road Waiting Restrictions To be advertised Advert 020/9/15 – 30/09/15 4. Coningsby School Lane / Laythorpe Gdns Waiting Restrictions Reported to Planning and Operative 11/09/15 Regulation Cttee 27/07/15 5. Coningsby Silver Street Street Café Licence Consulting Licence Issued 6. East Kirkby / Stickford Various Roads Weight Restriction Advert 01/07/15 – 29/07/15 Operative Date to be Arranged 7. Frithville / Sibsey B1184 50mph Speed Limit Awaiting new Speed Limit Policy As Previous 8. Fulstow Various Roads Weight Restriction Operative date to be arranged As Previous 9. Haltham A153 50mph Speed Limit Awaiting new Speed Limit Policy As Previous 10. Horncastle Bowl Alley Lane Waiting Restrictions To be advertised Operative 05/10/15 11. Legbourne A157 Speed Limit Review Awaiting new Speed Limit Policy As Previous 12. Louth / Keddington A16 50mph Speed Limit Awaiting new Speed Limit Policy As Previous 13. Louth London Road 50mph Speed Limit Awaiting new Speed Limit Policy As Previous 14. Louth Queen Street Waiting Restrictions To be advertised As Previous 15. Louth St Marys Park Waiting Restrictions Advert 01/07/15 – 29/07/15 Operative Date 05/10/15 16. Louth Vickers Lane Waiting Restrictions Objections to be reviewed See report to this Meeting 17. Louth Victoria Road Waiting Restrictions Consulting Operative Date to be Arranged 18. Mablethorpe Knowle Street Waiting Restrictions Operative date to be arranged Operative Date 11/09/15 19. Mablethorpe Waterloo Road Waiting Restrictions Operative date to be arranged Operative Date 11/09/15 20. Revesby A155/B1183 50mph Speed Limit Awaiting new Speed Limit Policy As Previous 21. Skegness Algitha Road Removal of 'Doctors Only'' parking Advert 30/09/15 – 28/10/15 22. Skegness Grand Parade / North Parade Experimental Waiting Restrictions Operative 14/07/15 Experiment being monitored

1033.X0R PARISH LOCATION TYPE PREVIOUS POSITION PRESENT POSITION 23. Spilsby Queen Street Waiting Restrictions Objections to be reviewed As Previous 24. Tetney A1031/B1201 50mph Speed Limit Awaiting new Speed Limit Policy As Previous

25. Tetney Lock Various Roads 30mph Speed Limit Operative date to be arranged Operative Date 03/10/15 26. Wainfleet All Saints Low Road 30mph Speed Limit To be advertised As Previous 27. West Keal A155 50mph Speed limit Operative date to be arranged Operative Date 01/07/15

1033.X0R SCHEDULE 2 NORTH DIVISION - GREATER LINCOLN & GAINSBOROUGH AREA

PARISH LOCATION TYPE PREVIOUS POSITION PRESENT POSITION 1. Bardney Horncastle Road Waiting Restrictions and Bus Stop Consulting As previous 2. Bigby A1084 Brigg to B1434 junction 50mph speed limit Operative date to be arranged As previous

3. Blyborough Red House Farm lane / Dairy Lane Stopping Up Court Hearing 13/08/15 Stopped up 13/08/15 4. Caistor Various Roads Waiting Restrictions Operative date to be arranged As previous 5. Kirkby cum Osgodby Various Roads 30mph Speed Limit Operative date to be arranged As previous 6. Lincoln Clasketgate, Mint Street and Various WaitingRestrictions, Taxi Consult/advertise Corporation Street Rank and Loading Bay 7. Lincoln East Bight Waiting Restrictions Reported to Planning and Operative 14/09/15 Regulation Cttee 27/07/15 8. Lincoln Northgate and Church Lane Waiting Restrictions Consulting Advert 27/08/15 – 24/09/15 9. Market Rasen Queen Street Experimental Loading Restrictions On Going Experiment As previous 10. Metheringham Village Centre Roads Waiting Restrictions Advert 24/09/15 – 22/10/15 11. Nettleham Various Roads Waiting Restrictions Operative date to be arranged Operative 16/10/15 12. South Hykeham Gateway Park Waiting Restrictions Advert 24/09/15 – 22/10/15 13. Welton Lincoln Road Bus Stop Facilities Operative date to be arranged As previous 14. Witham St Hughs Warren Lane/Muntjac Way Waiting Restrictions Advert 01/10/15 – 29/10/15

1033.X0R SCHEDULE 3 SOUTH DIVISION - BOSTON & SOUTH HOLLAND AREA

PARISH LOCATION TYPE PREVIOUS POSITION PRESENT POSITION 1. Boston London Road (B1397) 30mph Speed Limit Advert 01/07/15 – 29/07/15 Operative date to be arranged 2. Boston Market Place Review of Waiting Restrictions Consulting As previous 3. Boston New Street Waiting Restrictions Operative date to be arranged As previous 4. Boston Sussex Avenue, Arundel Crescent, Waiting Restrictions Consulting Amberley Crescent and Rosebery Avenue 5. Boston York Street, Spayne Road Area Waiting Restrictions Operative date to be arranged As previous 6. Holbeach Various Roads Waiting Restrictions Consulting 7. Kirton Willington Road Waiting Restrictions Consulting As previous 8. Old Leake B1184 The Gride 50mph Speed Limit Operative date to be arranged As previous 9. Spalding Pinchbeck Road Cycleway / Footway Objections to be reviewed As previous 10. Sutterton A17 Derestriction Consulting As previous 11. Sutterton Ropers Bridge Lane 30mph Speed Limit Operative date to be arranged As previous 12. Sutton Bridge Bridge Road/New Road Waiting Restrictions Consulting 13. Sutton Bridge East Bank Waiting Restrictions Consulting As previous 14. Wyberton Various Roads 30mph Speed Limit Consulting As previous

1033.X0R SCHEDULE 4 SOUTH DIVISION - SOUTH KESTEVEN AND SLEAFORD AREA

PARISH LOCATION TYPE PREVIOUS POSITION PRESENT POSITION 1. Dembleby Various Roads 30mph Speed Limit Advert 20/05/15 – 17/06/15 Objections to be reviewed

2. Digby North Street/ Beck Street/ Waiting Restrictions Advert 13/05/15 – 10/06/15 See report to this meeting Church Street 3. Grantham Caunt Road Waiting Restrictions See report to this meeting

4. Grantham Church Street Waiting Restrictions Consultations imminent As previous

5. Grantham Dudley Road Waiting Restrictions Consulting As previous

6. Grantham Dysart Road Pedestrian Crossing Operative date to be arranged As previous

7. Grantham Harlaxton Road Waiting Restrictions and Consulting As previous Cycleway 8. Grantham Kitty Briggs Lane Waiting Restrictions Advert 18/09/15 – 16/10/15

9. Grantham London Road Waiting Restrictions Advert 28/08/15 – 25/09/15

10. Grantham St Catherines Road and Waiting Restrictions Advert 25/09/15 – 23/10/15 Welham Street 11. Harlaxton Swine Hill / Manor Drive Waiting Restrictions Advert 03/07/15 – 31/07/15 Operative 07/09/15

12. Heckington/Ruskington A17 50mph Speed Limit Advert 01/07/15 – 29/07/15 To be reviewed

13. Market Deeping Market Place Taxi Rank Proposal to be amended Operative 14/09/15

14. Market Deeping Station Road 30mph Speed Limit Operative date to be arranged

15. Ruskington Church Street Experimental Waiting Experiment Operative As previous Restrictions

1033.X0R PARISH LOCATION TYPE PREVIOUS POSITION PRESENT POSITION 16. Sleaford Greylees Estate Waiting Restrictions Operative date to be arranged Operative 06/10/15

17. Sleaford A153 (Greylees) 50mph Speed Limit Operative date to be arranged As previous

18. Sleaford King Edward Street Waiting Restrictions Operative date to be arranged Operative 30/09/15

19. Sleaford Mareham Lane / Boston Road Waiting Restrictions Awaiting CPO process As previous

20. Sleaford Mareham Lane Waiting Restrictions Consulting Advert 09/09/15 – 07/10/15

21. Sleaford Market Place Street Café Licence Consulting See report to this meeting

22. Sleaford Southgate Street Café Licence Consulting

23. Sleaford Tamar Road Waiting Restrictions Advert 17/06/15 – 15/07/15 Operative 05/10/15

24. Stamford Castle Dyke Waiting Restrictions Operative date to be arranged As previous 25. Stamford Sheepmarket Pedestrian Crossing Operative date to be arranged As previous 26. Stamford Uffington Road Pedestrian Crossing Operative date to be arranged As previous

1033.X0R SCHEDULE 5

The following petitions have been received since the last meeting. They have been acknowledged and will be dealt with in the normal manner.

PARISH LOCATION PETITION FOR

Barrowby Rectory Lane Waiting Restrictions

North Witham Post Office Lane 30mph Speed Limit

1033.X0R

Regulatory and Other Committee

Open Report on behalf of Richard Wills Executive Director, Environment & Economy

Report to: Planning and Regulation Committee

Date: 5 October 2015

Subject: County Matter Application – S53/0255/13

Summary: An application has been made by the Trustees of Park Farm 1987 Settlement (agent: Hughes Craven Ltd) under the provisions of Schedule 14 of the Environment Act 1995 for the First Periodic Review of the conditions by which Little Ponton Quarry, Whalebone Lane, Little Ponton operates. The application was accompanied by an Environmental Statement and in accordance with Regulation 22 of the Town and Country Planning (Environmental Impact Assessment) Regulation 2011, further information was submitted.

The key issues in the determination of this application are whether the proposed conditions are acceptable in relation to controlling impacts from the development in relation to landscape and visual impacts, soils, nature conservation, the historic environment, highways, noise and dust.

Discussions took place with the applicant throughout the determination of this application which resulted in a complete revised set of conditions being submitted on 11 September 2015.

Recommendation: That the scheme of conditions set out in this report be approved, in accordance with those submitted on 11 September 2015.

Background

1. Little Ponton Quarry, Whalebone Lane, Little Ponton is a historic limestone quarry which was granted planning permission on 6 April 1961. Under the provisions of the Environment Act 1995, in 1997 the quarry operator submitted an application for the determination of conditions which should apply to the quarry. On 6 June 1997 Lincolnshire County Council approved a total of 31 conditions to be applied to the site (reference S53/226/97). According to the information submitted, no mineral working has taken place at the site since this initial review was undertaken.

2. Since the initial review of conditions for Little Ponton Quarry in 1997, the town of Grantham has been awarded Growth Point Status and two Sustainable Urban Extensions have been allocated through the South Kesteven Core Strategy (adopted 2010). The Southern Quadrant Sustainable Urban Extension has been designated from the A1 in the west to the A52 in the east and part of its southern boundary lies adjacent to the northern boundary of Little Ponton Quarry. As part of this development a Southern Quadrant Link Road between the B1174 Spittlegate Level and the A52 Somerby Hill was granted planning permission by South Kesteven District Council on 27 November 2013 (reference S13/0775). Further to this an outline application has been submitted to South Kesteven District Council to develop the land south of Grantham as a mixed use urban extension comprising: up to 3,700 dwellings including sheltered housing for the elderly and extra care accommodation in Class C2; up to 110,000 square metres of employment space within use classes B1, B2 and B8; educational facilities including a primary school and a secondary school; a local centre up to 8,000 square metres including use classes A1 shops, A2 financial and professional offices, A3 restaurant, A4 public house, A5 takeaway, B1 police room, D1 health centre and crèche, D2 community hall and gym; associated open space, playing fields and changing rooms, children's play areas, allotments, woodlands, wildlife habitat areas and sustainable urban drainage system; roads, footpaths, cycleways, car and cycle parking; utility services including electricity substations and pumping stations with all matters reserved (reference S14/2169). This application has not yet been determined.

3. The proposed Southern Quadrant Link Road lies along the southern boundary of the Sustainable Urban Extension, adjacent to the northern boundary of Little Ponton Quarry. The illustrative masterplan which has been submitted with the Sustainable Urban Extension outline planning application shows an area of landscaping between Little Ponton Quarry and the proposed Link Road and then a further area of landscaping between the proposed road and the land to the north, which is proposed to be the final phase of housing. As part of the Link Road scheme it is proposed that Whalebone Lane to the north would be closed to vehicle traffic, with the road being realigned to join the Link Road.

The Application

4. Little Ponton Quarry is a historic limestone quarry with planning permission to be worked until 2042. It is estimated that there are 9 million tonnes of remaining reserves of limestone at the quarry within the permitted area. Under the provisions of Schedule 14 of the Environment Act 1995, this application has been made for the First Periodic Review of the conditions by which Little Ponton Quarry operates. This application was received on 5 December 2012 and has been subject to additional information and amendments during the course of its determination. The conditions originally proposed by the applicant have also been amended since the application was originally submitted.

Site Location Plan

Environmental Statement

5. The application has been supported by an Environmental Statement (ES) and in accordance with Regulation 22 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (EIA Regulations), further information was submitted on 18 June 2015 to supplement that submitted with the original ES. The original ES contains the following information (although some of this information has been subject to change since the original submission, the revised information is set out in relation to the Regulation 22 submission later in this report):

Chapter 1: Non-Technical Summary provides a summary of the chapters of the ES.

Chapter 2: Introduction provides the background to the site and states that planning permission for mineral extraction at Little Ponton Quarry was originally granted in 1961. It states that during the initial review in 1997 of the old mineral planning permission, it was agreed that no further working should take place within the southern, previously worked area of the site. It is also stated that it is unclear when the quarry was last worked substantially, but that the site has remained inactive since the determination of the Initial Review and a number of the pre-commencement conditions contained within that Review have not been discharged. The applicant is said to have no immediate plans to recommence working at the site but wishes to retain the permission to allow for future mineral working.

Chapter 3: Site Details describes the site as being situated approximately 3.5 km south-southeast of Grantham, within the parish of Little Ponton and Stroxton. The site lies on the eastern slopes of the Witham Valley, with the River Witham running from south to north between 250 metres and 700 metres to the west. The surrounding area is largely in agricultural use with industrial land uses becoming more common towards the southern fringe of Grantham, to the north west of the site. The principal transport routes include the A1 to the west and the A52 to the north. The East Coast Mainline railway runs to the west of the site, with Whalebone Lane, a "C" class road, forming the eastern boundary.

The total permission area extends to approximately 21 hectares and the area is divided into two triangular sections, with working having historically been restricted to the southern section. The northern part of the site is approximately 16.7 hectares and comprises primarily agricultural land. Twentytwo Acre Plantation lies approximately half way along the western boundary of the northern part of the site and Whalebone Spinney is located in its north eastern corner. The land falls from northeast to west with a maximum elevation of 120 metres Above Ordnance Datum (AOD) in the north east corner, falling to approximately 103 metres AOD at its north western boundary and 107 metres AOD at its southern tip.

The southern part of the site is approximately 4.3 hectares and is largely comprised of historic mineral workings which have regenerated to varying degrees. The northern part of this site is approximately 107 metres AOD, falling to approximately 75 metres AOD at its southern tip.

The existing entrance to the quarry is directly from Whalebone Lane, approximately 170 metres north of the southern tip of the site. The closest residential properties to the site are Park House Cottages which are approximately 170 metres from the southern tip of the site.

Chapter 4: Geology and Reserves states that the former workings at the site exploited beds of the lower part of Upper Lincolnshire Limestone and all units of the Lower Lincolnshire Limestone and that a number of boreholes

drilled around the site have confirmed these beds continue beneath the unworked area. Local soils are said to generally be thin, stony and infertile with poor water retention.

Borehole data indicates that mean limestone thicknesses beneath the unworked section of the site are in the region of 30 metres, with the base of the limestone broadly mirroring surface topography and falling to the south and west. For the purposes of reserve estimation a figure of 28 metres has been utilised to take into account the presence of highly weathered material close to the surface, the thin interbedded clays which are encountered within the deposit and the drop in topography in the north western corner of the site.

It is stated that allowing for a standoff from all boundaries, woodlands, proposed screening bunds, site access and infrastructure, it is anticipated that the total extraction area would be in the region of 14 hectares, containing a saleable reserve in the region of 7 million tonnes (using a conversion rate of 2.3 tonnes per cubic metre).

Chapter 5: Hydrology and Hydrogeology states that owing to the permeable nature of the underlying limestones, surface waters on the limestone outcrop are largely absent, with the closest significant surface water to the site being the River Witham. Groundwater levels lie below the base of the economic limestone deposit.

The Lincolnshire Limestone Formation is designated as a Principal Bedrock Aquifer by the Environment Agency, however, site specific data has shown it to be unsaturated beneath the site. The southern section of the site and western part of the northern section of the site lie within a groundwater Source Protection Inner Zone, with the remainder of the northern section lying within Zone 3 (Total Catchment).

The principal potential sources of contamination in relation to future operations are on-site refuelling or maintenance of plant and the leaking of fuel or chemicals from plant. In order to minimise the risks all chemical, oil or fuel storage containers shall be of appropriate design. In order to minimise the risk of leakages or spillage of potential pollutants from vehicles, all vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer's specification at all times.

Chapter 6: Proposed Future Working states that as the quarry is not currently operational it has no established markets, however, previous working has shown it to be capable of producing a wide range of quality products including agricultural lime, building stone and a range of aggregates. Whilst the potential markets for aggregates will be largely limited to the local area due to haulage costs, it is feasible that agricultural lime and building stone could serve regional or even national markets.

As previously agreed, no further mineral extraction is proposed to take place within the southern section of the site. Twentytwo Acre Plantation, on the

western boundary of the northern section, and Whalebone Spinney, in the north east corner of the northern section will be protected and a stand-off of five metres will be maintained from their boundaries. In addition to this, in order to protect the existing boundary hedgerows, no mineral working will take place within five metres of any hedgerow, although topsoil storage and screening bunds may be constructed within this area.

Prior to extraction commencing a range of preparatory woks would be undertaken, including the construction of a new access onto Whalebone Lane, immediately south of Whalebone Spinney. In addition site infrastructure including a site office, weighbridge, wheelwash and welfare facilities are proposed to be located in the north eastern corner of the site. Bunds of up to three metres in height are proposed along all site boundaries to screen the development and to store soils for use in restoration.

It is estimated that extraction rates would initially be between 30,000 and 50,000 tonnes per year, increasing to around 100,000 tonnes per annum as markets are established. The current conditions do not place any restriction on the maximum tonnage to be produced and to do so would adversely prejudice the economic viability of operating the site.

It is proposed to work the full depth of the limestone which would result in a base of working of between 70 and 85 metres AOD dependent on local variations in the base of the limestone. Mineral would be extracted by means of a 360 degree hydraulic excavator and will be processed by a range of mobile plant. It will be worked in benches of up to ten metres in height and once extraction in any one area is completed, these faces may be re-profiled to form a final batter of up to 15 metres and of a suitable angle to maintain long term face stability.

The site is proposed to be worked in three phases, commencing in the north eastern corner, as follows:

Phase 1: this covers an area of approximately 4.7 hectares and involves working north westwards and south westwards in order to open up faces of sufficient size to access deeper reserves. Soils stripped from this phase will be used to form bunds adjacent to the workings along the northern and eastern boundaries.

Phase 2: this covers an area of 5.1 hectares and will progress south westwards to the southern limit of extraction. Soils stripped from this Phase will be used to extend bunds along the northern and south eastern boundaries of the site, and to form a new bund along the western boundary.

Phase 3: this covers an area of 4.3 hectares and will progress north westwards to ensure that plant working within the Phase is screened from potential views from the west and northwest by the working face. Soils stripped here will be used in the restoration of earlier phases.

Chapter 7: Operational Details states that mineral would be extracted by means of a 360 degree hydraulic excavator and processed by a range of industry standard mobile plant, typically mobile crushers, mobile screens and wheeled loading shovels. It is proposed to relocate the plant as extraction progresses through the quarry to minimise internal haul distances. Mineral would be processed on the quarry floor and stockpiles are proposed to not exceed five metres and be located to ensure that they would not be visible from outside the quarry.

It is also stated that soil stripping and handling would only take place under appropriate weather conditions and that bunds would be constructed around the periphery of the extraction area. The bunds are proposed to be no more than three metres high with a crest of between two and three metres and a slope not exceeding one in one. The bunds are estimated to contain approximately 30,000 cubic metres of material.

No dewatering of the site is proposed. Whilst blasting is considered unlikely, it is considered that its future use cannot be discounted.

The existing working hours are 07:00 to 18:00 hours Monday to Friday and 07:00 to 12:00 hours on Saturdays, with no working on Sundays, Bank or Public Holidays and it is proposed to retain these working hours.

Artificial lighting is proposed to be limited to that fitted to plant operating around the site and small areas within the vicinity of the site office, for health and safety reasons.

Chapter 8: Restoration acknowledges that the importation of wastes to achieve a high level restoration scheme is unlikely to be viable and that the proposed restoration is to a low level conservation use with a mixture of exposed quarry faces, gently sloping floor and steeper peripheral slopes.

The restoration of the site is proposed, as far as possible, to be progressive with unsaleable quarry wastes being temporarily stockpiled prior to their use in final landforming. Final restoration is proposed to involve the creation of a significant area of calcareous grassland which is a priority habitat in the Nation Biodiversity Action Plan and Lincolnshire Biodiversity Action Plan.

In relation to the previously worked section of the quarry, it is acknowledged that this has regenerated successfully and so further works would be restricted to those required to stabilise the old quarry faces and to ensure their long term stability. The quarry faces are currently up to 20 metres in height and it was proposed to backfill this area to a depth of approximately 10 metres with 5,000 cubic metres of overburden and quarry wastes arising from workings to the north.

In relation to the northern section of the quarry, the exposed faces are proposed to be ripped to create a mixture of exposed hard faces and areas of scree. In certain areas it is proposed to mound quarry wastes against the faces to ensure their long-term stability and then spread any available soils.

It is stated that restoration would be progressive, however, all landscaping is stated to be dependent upon the actual ground conditions encountered. Restoration to calcareous grassland is proposed to be initially undertaken through natural regeneration, however, if this proves to be ineffective other methods would be used. During the aftercare period the site is proposed to be managed for conservation purposes.

The hedgerows around the boundary of the site are proposed to be managed and maintained and allowed to grow to a height of approximately 3 metres during the quarry being operational and thereafter maintained and losses replaced.

Chapter 9: Transport Assessment states that the quarry lies to the west of Whalebone Lane which is a single carriageway road, approximately 3.5 metres in width. At its northern point Whalebone Lane runs to the A52 and to the south west to the A1. From its junction with the A1 to its junction with the A52, Whalebone Lane is subject to a weight restriction order of 7.5 tonnes gross vehicle weight, however, it is stated that as the quarry lies within the order area it can be accessed by vehicles exceeding this weight but it is recognised that the road network to the south of the site, including through Little Ponton, is not suitable for regular HGV traffic. It is anticipated that there would be a need to create two new passing places between the quarry and the A52 on Whalebone Lane and upgrade the existing passing place.

The current quarry access is located approximately 170 metres north of the southern tip of the site and it is acknowledged that this is not suitable to serve future workings. This access is currently stopped up by blocks of stone which are proposed to be retained. It is proposed to create a new access to the north east corner of the site, to the south of Whalebone Spinney. This is proposed to be a unidirectional access, designed to ensure that all HGV traffic turns left and proceeds northwards along Whalebone Lane to the A52 and not south through Little Ponton. It is proposed to erect signage to direct drivers to turn left out of the site. The design of the new access is proposed to be the subject of a condition to agree details prior to any mineral working commencing.

In terms of vehicle movements it is stated that likely production levels were unknown so it has been assumed that it would range between 30,000 and 100,000 tonnes per annum equating to between 11 and 37 vehicle movements per day on average but with an estimated maximum of 150 HGV movements per day if production rose to 1,500 tonnes per day, for example, for a short term large contract. On the basis of the quarry employing between 4 and 8 people, it is anticipated that there would also be between 8 and 16 light vehicle movements per day. Whilst it is stated that car sharing would be encouraged, it is acknowledged that public transport and walking are not feasible modes of transport to access the site. It is noted that there are currently no restrictions on vehicle movements to or from the site.

Prior to the recommencement of mineral extraction, appropriate wheel cleaning and weighbridge facilities are proposed to be installed at the site and retained for the lifetime of the quarry.

Chapter 10: Noise states that the site lies approximately one kilometre east of the A1 and that the East Coast Main Line railway runs close to the western boundary of the site. The nearest residential properties to the proposed area of working are Park House Cottages which lie over 650 metres to the south. The closest residential property to the east is over 850 metres from the site and the closest building to the north east, downwind of the site, is Kesteven Rugby Club's pavilion, 900 metres away.

The principal source of noise identified is from the initially stripping of soils when plant is operating at the surface without the benefit of screening bunds, however, it is stated that this would only take place for a relatively short period of time. The other main source of noise is stated to be the plant operating within the quarry. However, noise levels are proposed to be minimised by locating the mobile plant next to the mineral workings.

In order to minimise noise levels screening bunds of up to three metres in height are proposed to be created along the site's boundaries and a range of measures are provided to minimise noise levels. It is concluded that given no sensitive receptors are located within 500 metres of any proposed workings and given existing background noise levels at sensitive receptors resulting from the A1 and East Coast Main Line railway, potential noise impacts would be negligible and would be within appropriate levels.

Chapter 11: Dust states that the principal sources of dust are likely to be from the excavation of material from working faces; the movement of plant around the quarry on internal haul roads; and the crushing and screening of material. The main effect of dust is considered to be visual. No sensitive receptors have been identified within 500 metres of the site and the nearest downwind potentially sensitive receptor is Kesteven Rugby Club, 900 metres to the north east. The area surrounding the quarry is in agricultural use and this is considered to have low sensitivity to dust.

A Dust Action Plan is proposed for the site.

Chapter 12: Ecology identifies one Site of Special Scientific Interest (SSSI) within 2 kilometres of the site, that is Woodnook Valley SSSI which lies 300 metres to the south east which is designated due to its calcareous grassland interest. In addition to this, thirteen non-statutory designated sites have been identified within 2 kilometres of the site, including Little Ponton Site of Nature Conservation Interest and Local Geological Site which lie within the site boundary.

The majority of the unworked section of the site is an arable field with hedgerows running along the western and eastern boundaries. Only fragments of hedgerows run along the northern boundary where there is

also a derelict wall. Twentytwo Acre Plantation is located along the western boundary and is stated to include numerous mature tree species.

Within the previously worked section of the quarry are large areas of bare ground and exposed stone faces with patches of grassland vegetation establishing over the impoverished soils.

No mineral extraction is proposed in the previously worked section, Twentytwo Acre Plantation or Whalebone Spinney. The existing boundary hedgerows and areas of woodland are proposed to be protected by a minimum stand-off of five metres. No vegetation clearance is proposed to take place within the bird nesting season and bird scaring measures are proposed to be used prior to the nesting season to prevent ground nesting birds being disturbed.

The creation of calcareous grassland in the restoration of the site is stated to provide a significant biodiversity gain.

Chapter 13: Flood Risk states that the whole site lies within Flood Zone 1 and is therefore a minimal risk from flooding. The site is not considered to be at significant risk from surface water run-off from adjacent land and working is proposed to take place in a manner designed to ensure that surface water would drain away from the working face, temporarily collected in a sump prior to seepage into the surrounding strata. It is concluded that there would be no increased flood risk to any third party properties.

Chapter 14: Landscape and Visual Impact describes the site as being located within the Kesteven Uplands character area, as defined in the South Kesteven Landscape Character Assessment. The site is stated to lie on the eastern flank of the River Witham valley. The landscape surrounding the site is considered to be of medium value with a number of detracting factors including the electricity pylons which cross the site, the East Coast Main Line railway, the A1 and industrial developments to the south of Grantham. The area is considered to be potentially sensitive to inappropriate change. The future working of the site is considered likely to have a slight adverse impact on the surrounding area.

The site is proposed to be screened by allowing all boundary hedgerows to grow up to a height of three metres and the soils stripped from the site are proposed to be used to form screening bunds of up to three metres in height along all boundaries, constructed progressively as extraction progresses. These measures are stated to ensure that impacts would be minimised and all plant would be screened by the working faces. Impacts during the working phase are assessed as being minor adverse, with post restoration impacts being neutral.

Chapter 15: Soils, Geology and Land Stability states that it is considered that the agricultural land is likely to be grade 3b with possible limited areas of grade 3a land, although no formal agricultural land classification has been undertaken.

The potential for geological exposures to be of interest at the site is acknowledged.

The previously worked section of the quarry is proposed to be backfilled and the quarry floor raised with quarry wastes and soils stripped from future workings, to minimise potential long term stability issues.

Chapter 16: Archaeology and Cultural Heritage states that there is a moderate potential for archaeology relating to a prehistoric / Romano-British settlement to exist at the site, particularly in light of the Romano-British "small town" of Saltersford.

Chapter 17: Ancillary Concerns considers potential impacts on airfield safeguarding, services, Public Rights of Way and cumulative impacts and concludes that there would be no adverse impacts in relation to these matters.

Chapter 18: Benefits and Alternatives states that the development would result in the direct employment of between 4 and 8 people, that it provides the opportunity to finalise the restoration of the previously worked section of the quarry and that the restoration scheme would provide an opportunity for significant, long-lasting ecological improvements. It also states that the quarry is ideally placed to supply the projects associated with Grantham following its award of Growth Point Status.

In relation to alternatives, it is acknowledged that given this is a ROMP application it is not feasible to consider alternative sites so the assessment has been limited to different working methods, phasing and restoration. It is concluded that whilst such alternatives have been considered the proposals are considered to offer both economic and environmental advantages.

Chapter 19: Planning Policy considers the policies of relevance at national and local level.

The following technical appendices were included within the ES:

- Ecological Assessment; and - Archaeological Desk Based Assessment.

Following a request under Regulation 22 of the EIA Regulations, further information was submitted on 18 June 2015. The submitted information was to address queries and objections which had been raised in relation to the originally submitted Environmental Statement and changes to the proposed development were made at this stage, as detailed below. The further information submitted included the following:

Chapter 1: Introduction provides a brief background to the development and details the request for further information issued by Lincolnshire County Council on 19 August 2013. It states that the proposal to undertake restoration measures within the previously worked section of the quarry

have been removed and therefore the requirement for a number of surveys relating to this area have been agreed to no longer be required. In addition, it is stated that it was agreed that there was no requirement for quantitative dust monitoring or a detailed PM10 assessment.

This section also acknowledges that the minerals permission was suspended as the further information requested had not been submitted by 1 January 2014.

Chapter 2: Amendments to Original Proposals states that since the submission of the application in December 2012 there have been a number of material changes to the proposed development and to the land between the site and Grantham. At the time of submission, no operator had been identified and so minimal details had been provided. Since then, it is stated that an operator has been identified and that operations would recommence at the earliest opportunity following determination of the new conditions.

Since the application was submitted, planning permission has also been granted for a Southern Relief Road around Grantham, including a 3 km road designed to link the A52 at Somerby Hill to a new junction with the A1. The approved line of this road runs close to the northern boundary of the site and there is a proposed roundabout located close to the northwest corner of the site. As part of those plans it is also proposed that Whalebone Lane to the north would be closed to vehicular traffic, with the road being realigned to join the Southern Relief Road. It is considered that the alterations to Whalebone Lane would benefit this development by significantly reducing the distance which HGVs would have to travel prior to accessing the A road network. The proposed new roundabout is also stated to present an opportunity for an alternative site access.

An outline application has been submitted to South Kesteven District Council (but not yet determined) for a Southern Quadrant Urban Extension including up to 3,700 dwellings and up to 110,000 square metres of employment space on land to the south of Grantham. It is noted that the application boundary adjoins the northern boundary of the Little Ponton Quarry site but that the proposed Relief Road would separate the quarry from any built development. The indicative phasing plan shows that the closest built development to the north of the quarry site are scheduled for construction during the later phases of the development by which point the Relief Road and screen planting would be well established and the extraction operations at the quarry would have moved south, away from the proposed residential areas.

As a result of the proposed Southern Quadrant Urban Extension, a number of revisions to the proposed landscaping and working method have been made to the proposed quarrying operations to ensure they have negligible impact. These include retention of larger areas along the northern and western boundaries of the site which would be landscaped and planted to provide an additional buffer zone and wildlife corridor.

The extraction rate estimated in the original ES was up to 100,000 tonnes per annum. However, this chapter states that extraction rates are now anticipated to be an average of 200,000 tonnes per annum and as such it is proposed to extend the Saturday working hours by one hour from 12:00 to 13:00. A table is provided outlining the impacts of the increase in extraction rates on the assessments undertaken in the original ES. With the exception of transport impacts, no adverse impacts are stated to occur in relation to any of the other matters considered in the ES. A separate section is provided in relation to transport which states that the revised extraction rate would generate an average of 73 vehicle movements per day but that there could be a maximum of 200 HGV movements per day, however, these would be interspersed with longer periods of lower than average movements. It notes again that there is currently no restriction on vehicle movements associated with the site. Overall, it is considered that the revised extraction rate would not have any adverse highways impacts.

Chapter 3: Scheme of Working provides details of the revised working of the site, including stand-off distances from the hedgerows, woodlands, proposed Relief Road and overhead electricity line. It states that on the basis of an annual extraction rate of 200,000 tonnes and an end date of 2042, it is envisaged that the typical depth of the base of the quarry would be around 85 m Above Ordnance Datum (AOD), however, to allow for operational requirements such as drainage and unforeseen geological conditions, a lower limit of 80 m AOD is proposed.

Hedgerow and screen planting is proposed to take place prior to extraction commencing and a total of 2,000 trees and shrubs are proposed to be planted. An aftercare scheme for the planting is also proposed.

The potential for a new access to the site to link to the Southern Relief Road via the new roundabout is discussed.

It is stated that the proposed phasing remains similar to that originally submitted, however minor alterations and further details have been included at this stage. The general working pattern would involve a southwards progression of phases, with the north western section of the site, considered to potentially be the more visible section, being worked later when screen planting along the northern and western boundaries has matured. It is proposed to work the site in five phases, with each phase broken down into two sub-phases, representing working at two levels, apart from phase 4. Each phase is expected to yield between 810,000 and 1,265,000 tonnes of mineral.

Plan: Phase 2 Extraction and Restoration

Plan: Phase 3 Extraction

Plan: Phase 4 Extraction

Plan: Phase 5 Extraction and Restoration

Chapter 4: Archaeology presents the findings of a geophysical survey and evaluation trenching. The geophysical survey led to the conclusion that the greater part of the site had low archaeological potential however targeted evaluation trenching was recommended to confirm the situation. Ten trenches were opened and as a result it was concluded that the site does not contain archaeologically significant remains and that no further archaeological works are required.

Chapter 5: Outline Restoration provides details of the revised restoration scheme. It states that following the advice of the Lincolnshire Wildlife Trust, the revised scheme includes the retention of a significant volume of soils in peripheral bunds and that with the exception of Phase 2 restoration, which includes an area of tree planting, the soils used in restoration would be used for landforming works with the final cover materials consisting of limestone fines.

Plan: Overall Restoration Concept

Phase 1

No restoration is proposed to be carried out during this phase as all soils are proposed to be used in the construction of screening bunds.

Phase 2

All of the soils stripped from Phase 2 are proposed to be used in the restoration of the north eastern corner of Phase 1 and in further landscaping works in the north western corner of the site. Once all soils have been placed, this area would be planted with a mix of native trees to establish a

woodland to mitigate long-distance views into the site. The planting is also stated to assist in stabilising the newly formed slopes, improve site security and provide a continuation of the woodland habitat created by the advanced planting.

The quarry fines generated in this phase are proposed to be stockpiled in the base of the quarry pending use in future restoration.

Phase 3

No restoration is proposed in this phase as Phase 4 involves the extraction of mineral directly underlying the mineral to be extracted in Phase 3. All soils are proposed to be used in the construction of peripheral bunds or stockpiled temporarily pending burial in restoration works. The quarry fines generated in this phase are proposed to be stockpiled in the base of the quarry pending use in future restoration.

Phase 4

As working within this phase progresses northwards, it is proposed that soil and quarry fines stockpiled in earlier phases would be used to buttress the southern and eastern faces. The western faces beneath Twentytwo Acre Plantation are proposed to be exposed. All nutrient soils are proposed to be buried and final cover materials are proposed to consist of limestone fines. To the east of Twentytwo Acre Plantation a valley feature is proposed providing a sump to aid in the drainage of the restored landform.

Phase 5

It is proposed to combine the soils stripped from the area with quarry fines generated from on-going working to raise the base of Phase 4 to approximately 90 m AOD, except the valley feature outline above. The northern faces are proposed to be buttressed to create southerly sloping areas of calcareous grassland.

Once all restoration landscaping has been completed, it is proposed to remove the parking and office areas close to the access to Whalebone Lane and re-soil these areas using materials recovered from the peripheral bunds. These areas are then proposed to be planted with a mix of woodland species similar to those used in the Phase 2 restoration works.

It is proposed to retain the site entrance and principal internal haul roads for use in ongoing management but to down-grade these to an appropriate scale.

All areas are proposed to be subject to a five year aftercare programme to ensure the successful establishment of the intended habitats.

Chapter 6: Agricultural Land states that a soil and agricultural land classification investigation has been undertaken which concluded that the

greater part of the site consists of grade 3a soils with 17% identified as grade 2. As such, much of the site is classified as being Best and Most Versatile Agricultural Land. However, given that permission for quarrying activities already exists at the site, it is stated that the loss of these soils is unavoidable and that working to the proposed depths would mean that restoration to productive agricultural land is considered highly unlikely.

It is noted that the generation of calcareous grassland relies on the absence of high nutrient soils and that the spreading of the original soils would be detrimental to the intended restoration. As such it is proposed to use all available soils in screening bunds, landforming or the restoration of limited areas of the site to woodland. Overall, these uses are considered to be the most sustainable use of the soils.

Chapter 7: Dust states that a Dust Management Plan has been produced including an assessment of the likely sources of dust and implications in relation to sensitive receptors. A range of mitigation measures are proposed to ensure that dust emissions are minimised and a complaints procedure is included in case any unexpected impacts occur.

Chapter 8: Noise states that a Noise Impact Assessment has been undertaken which included consideration of the proposed Southern Quadrant Urban Extension and the additional sensitive receptors. It concludes that predicted noise levels would be within the relevant limits and that as such no further mitigation measures would be necessary.

The following technical appendices were included with the Regulation 22 Further Information:

- Geophysical Survey; - Evaluation Trenching; - Agricultural Land Classification; - Dust Management Plan; and - Noise Impact Assessment.

Following discussions with consultees, a complete set of revised proposed conditions was submitted on 11 September 2015 to address the issues raised.

Site and Surroundings

6. Little Ponton Quarry is located approximately 3.5km south east of the town of Grantham and to the east of the settlement of Little Ponton. The whole site extends to approximately 21 hectares and is comprised of two triangular shaped sections. The southern section of the site is bounded to the south west by the East Coast Mainline Railway and the east side of both sections of the site is bounded by Whalebone Lane, a narrow, single width lane which links the A1 to the south with the A52 to the north.

7. The southern section of the site has previously been worked and over time has naturally regenerated such that it now is considered to have nature conservation interest. The northern section of the site is currently in agricultural use and approximately half way along the western boundary of this section of the site is Twentytwo Acre Plantation. In the north eastern corner of this part of the site is Whalebone Spinney.

Photo: southern, previously worked section of the site

Photo – view from north east corner of site looking west with Twentytwo Acre Plantation on left of photo

Photo – view from southern part of northern section of site looking north

8. Beyond the western boundary of the site the ground level drops towards the A1 trunk road and the industrial units which run parallel to this road. To the north west of the site are views into the town of Grantham, where the ground level is also lower than the site. The eastern boundary of the site, with Whalebone Lane, is bounded by mature trees and hedgerows which screen views of the site from this lane. The northern boundary of the site has intermittent vegetation and the remains of a dry stone wall are found along this boundary.

Photo – view beyond western boundary with Grantham to right of photo and industrial units along A1 in centre and left 9. A high voltage overhead power line transects the southern part of the northern triangular section of the site. The nearest residential properties to the site lie to the south west in Little Ponton and would be over 650 metres away from the closest part of the site proposed to be worked.

Photos – Whalebone Lane at point of proposed new access looking north and south

Photos - junction of Whalebone Lane with A52

Main Planning Considerations

National Guidance

10. The National Planning Policy Framework (March 2012) (NPPF) sets out the Government’s planning policies for England. It is a material consideration in the determination of planning applications and adopts a presumption in favour of sustainable development. A number of paragraphs of the NPPF are of particular relevance to this application, including the following:

- paragraph 17 seeks to secure a good standard of amenity for all existing and future occupants of land and buildings;

- paragraphs 99 to 103 seek to ensure that flood risk is not increased as a result of development, either on site or off-site, and directs development to those areas with the lowest risk of flooding wherever possible;

- paragraph 109 seeks to contribute to and enhance the natural and local environment, including through the prevention of pollution;

- paragraph 118 seeks to conserve and enhance biodiversity;

- paragraph 120 seeks to protect general amenities;

- paragraph 123 seeks to prevent adverse impacts as a result of noise pollution;

- paragraph 128 requires that the significance of heritage assets is taken into consideration, including any impacts on their setting;

- paragraph 142 recognises the importance of minerals reserves and the need to make best use of them;

- paragraph 144 sets out a series of criteria to be taken into account when determining applications for minerals development, including ensuring that there are no unacceptable adverse impacts on the natural and historic environment and human health and that the cumulative effects from multiple individual sites are taken into account; ensure that any unavoidable noise, dust and particle emissions are controlled and mitigated and establish noise limits for extraction in proximity to noise sensitive properties; and provide for restoration and aftercare at the earliest opportunity to high environmental standards; and

- paragraph 215 states that 12 months after the publication of the NPPF (2012) due weight should be given to relevant policies in existing plans according to their degree of consistency with the Framework, with the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given. This is of relevance with regard to the Lincolnshire Minerals Local Plan and North Kesteven Local Plan.

In addition to the NPPF, in March 2014 the Government published the web- based National Planning Policy Guidance (NPPG). The NPPG also sets out the overall requirements for minerals sites, including in relation to assessing environmental impacts such as noise and dust.

Planning (Listed Buildings and Conservation Areas) Act 1990

Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a duty on local planning authorities in considering whether to grant planning permission for development which affects a listed building or its setting, to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Local Plan Context

11. The Lincolnshire Minerals Local Plan (1991, saved 2007) forms part of the development plan in relation to this application. The policies of most relevance to this application are:

Policy M3 (Working of Aggregate Minerals) states that every application for the working of aggregate minerals will be considered on its merits. There will however be a presumption in favour of extensions to existing workings with any new quarry normally only permitted where this replaces an existing quarry which has become worked out.

Policy M4 (Surface Mineral Working on Agricultural Land) states that in considering applications for planning permission for surface mineral working on land currently in agricultural use particular regard will be had to:

(i) the agricultural quality of the land, with extraction using Grade 1 and 2 land only permitted where there is no reasonable alternative and where restoration would be to an equally high quality; (ii) the environmental and economic aspects; (iii) the continuing need to protect the countryside for its own sake rather than primarily for the productive value of the land; (iv) the economic well-being of the local rural economy.

Policy M8 (Surface Mineral Working and the Natural and Historic Environment) states that surface minerals working will not normally be permitted where this would have an adverse effect on areas which are of archaeological, historic, scientific or natural history interest. Regard will also be had to the impact on nature conservation and wildlife.

Policy M9 (Planning Applications for Surface Mineral Working) requires applications for mineral working to be accompanied by a statement addressing a range of issues, including the following:

(a) an assessment of the need for working the mineral, details of the characteristics or properties of the minerals, workable reserves and markets to be served; (b) the estimated annual output and life of the working; (c) an assessment of the traffic generated and routing to and from the markets to be served; (d) an estimate of the employment opportunities arising from the proposal; (e) details of the layout of the site and access and measures taken to protect local amenity; (f) the method and programme of working; (g) restoration details; (h) landscaping and tree planting proposals, including measures to protect local amenities during the period of extraction; (i) aftercare arrangements; (j) an appraisal of the wildlife and natural history value of the site and the protection of any such features;

(k) an assessment of archaeological implications and facilities for recording any interest.

Policy M10 (Surface Mineral Working and Working Requirements) states that permission will be granted providing operations can be carried out in such a manner as to minimise disturbance during working and that satisfactory restoration to an appropriate after-use can be achieved.

Policy M12 (Surface Mineral Working and Requirement for Adequate Local Highway Network to Accommodate the Traffic Generated) states that planning permission will only be granted for surface mineral working where the local highway network is adequate to accommodate the traffic that the proposed development is likely to generate.

Policy M14 (Restoration of Surface Mineral Working) requires proposals to be accompanied by a detailed scheme of restoration for the site.

Policy M15 (Surface Mineral Working Aftercare) states that conditions requiring the after-care of restored sites will be imposed.

The South Kesteven Development Plan is made up of the Core Strategy (2006 – 2026) (July 2010), the Site Allocation and Policies Development Plan Document (April 2014) and the saved policies in the South Kesteven Local Plan (1995). Of these documents, the following policies are of relevance in this case:

South Kesteven Core Strategy (2010)

Policy SP1: Spatial Strategy sets out that the majority of new development should be focused upon Grantham and that development in the countryside will only be considered acceptable if it is for: a. affordable housing; b. agriculture, forestry or equine development; c. rural diversification projects; d. local services and facilities; e. replacement buildings; or f. conversions of buildings, subject to meeting certain criteria.

Policy SP3: Sustainable Integrated Transport refers to the provision of an east-west relief road between the A1 and the A52 to the south of Grantham being brought forward as part of the Southern Quadrant Sustainable Urban Extension to the town. It also encourages sustainable modes of transport and the requirement for developer contributions, where appropriate, towards the provision of necessary improvements.

Policy SP4: Developer Contributions sets out the provision for seeking developer contributions.

Policy EN1: Protection and Enhancement of the Character of the District seeks to ensure the conservation, enhancement and restoration of the character of the District and states that all development proposals will be assessed in relation to:

1. statutory, national and local designations of landscape features, including natural and historic assets; 2. local distinctiveness and sense of place; 3. historic character, patterns and attributes of the landscape; 4. the layout and scale of buildings and designed spaces; 5. the quality and character of the built fabric and their settings; 6. the condition of the landscape; 7. biodiversity and ecological networks within the landscape; 8. promote access to and community value of the landscape; 9. remoteness and tranquillity; 10. visual intrusion; 11. noise and light pollution; 13. impact on controlled waters; and 14. protection of existing open space.

Policy EN2: Reducing the Risk of Flooding seeks to ensure that all development minimises flood risk and demonstrates how surface water is to be managed.

Policy H2B Southern Quadrant makes provision for a Sustainable Urban Extension on the land to the south of Grantham between the A1 in the west and the A52 in the east.

Site Allocation and Development Policies (2014)

Policy SD1: Presumption in Favour of Sustainable Development reflects the provisions of the NPPF and states a commitment to work pro-actively with applicants to find solutions to issues.

South Kesteven Local Plan (1995) (saved policies 2007)

There are no saved policies within the South Kesteven Local Plan which are of relevance to this application.

In addition to this, the Southern Quadrant Masterplan Supplementary Planning Document (February 2013) is a material consideration in the determination of this application. This sets out a set of objectives for the proposed Sustainable Urban Extension (SUE) on land to the south of Grantham as part of Grantham having been awarded Growth Point Status in 2007.

The following policies of the Lincolnshire Minerals and Waste Local Plan: Core Strategy and Development Management Policies (Pre-Submission Draft) January 2015 are of relevance:

Policy M5: Limestone states that proposals for extensions to existing limestone extraction sites or new limestone extraction sites will be permitted provided that they meet a proven need that cannot be met by existing sites and accord with all relevant Development Management Policies set out in the Plan.

Policy DM1: Presumption in Favour of Sustainable Development sets out that the County Council will adopt a positive approach reflecting the presumption in favour of sustainable development set out in the NPPF.

Policy DM2: Climate Change sets out the matters which must be addressed by minerals development to reduce their travelling and carbon footprint; to promote new and enhanced nature conservation; and to encourage the most efficient use of primary minerals.

Policy DM3: Quality of Life and Amenity seeks to prevent unacceptable adverse impacts arising to occupants of nearby dwellings and other sensitive receptors.

Policy DM4: Historic Environment seeks to protect heritage assets and their settings and ensure the impacts are fully assessed.

Policy DM6: Impact on Landscape and Townscape states that planning permission will be granted provided that due regard is given to the likely impact of development on the distinctive character of the landscape and townscape of Lincolnshire. If necessary additional design, landscaping, planting and screening will be required.

Policy DM9: Local Sites of Biodiversity Conservation Value seeks to protect locally designated sites and habitats.

Policy DM10: Local Sites of Geological Conservation Value states that planning permission will be granted for development on or affecting local sites of geological value provided that it can be demonstrated that the development would not have a significant adverse impact on the site. Where this is not the case, permission will be granted provided that: - the merits of the development outweigh the likely impact; and - any adverse effects are adequately mitigated or, as a last resort, compensated for, with proposals resulting in geodiversity enhancements.

Policy DM11: Soils states that development should protect and wherever possible enhance soils.

Policy DM13: Sustainable Transport Movements states that proposals should seek to minimise road transport and seek to maximise where possible the use of the most sustainable transport option.

Policy DM14: Transport by Road seeks to ensure the highway network is of an adequate standard for use by traffic generated by the development, the

arrangements for site access and traffic generated would not have an unacceptable impact on highway safety and ensure a travel plan is in place.

Policy DM15: Flooding and Flood Risk seeks to ensure that development is located on land with the lowest probability of flooding and the development should avoid, and wherever possible, reduce flood risk.

Policy DM16: Water Resources sets out the requirement that development should not have an unacceptable impact on surface or ground water.

Policy DM17: Cumulative Impacts states that planning permission will be granted where the cumulative impact of developments would not result in adverse impacts on the environment or amenity of a local community. Policy R1: Restoration and Aftercare sets out the requirement for minerals workings to be restored to a high quality at the earliest opportunity.

Policy R2: Afteruse seeks after uses which are not detrimental to the local economy, conserve and enhance landscape character and the natural and historic environment. Net gains in biodiversity and geological interests are sought, together with the safeguarding of the best and most versatile agricultural land. Public access is also encouraged. Restoration proposals should be designed to ensure they do not give rise to new or increased hazards to aviation.

Policy R4: Restoration of limestone and chalk workings states that this should be sympathetic to the surrounding landscape and prioritise the creation of calcareous grassland habitat, except on best and most versatile agricultural land. Restoration should also seek to retain suitable exposures for geological educational use where appropriate.

Results of Consultation and Publicity

12. (a) Local County Council Member, Councillor B Adams – consulted on 30 June 2015 but had not responded at the time of writing this report.

(b) Little Ponton and Stroxton Parish Council – this parish is vacant.

(c) Natural England – in relation to the original submission stated that the site is in close proximity to Woodnook Valley Site of Special Scientific Interest (SSSI). However, given the nature and scale of the development, satisfied that there is not likely to be an adverse effect on this site as a result of the proposal being carried out in strict accordance with the details as submitted.

State the need to consider other impacts of the development and refer to standing advice where appropriate.

Following receipt of the further information submitted in response to the Regulation 22 request responded to state that remain satisfied the Woodnook Valley Site of Special Scientific Interest would not be

negatively impacted by the development. Welcome the commitment to a dust management plan and the associated proposed condition 24.

Note that the development would extend to approximately 16.7 hectares including some 14.8 hectares of best and most versatile agricultural land. Whilst do not wish to comment in detail on the soils and reclamation issues arising from the proposal, would expect the Planning Authority to take the economic and other benefits of the best and most versatile agricultural land into account and make the following points:

- satisfied that the site working and reclamation proposals provided in support of this application meet the requirements for sustainable minerals development set out in the Minerals Planning Practice Guidance, particularly section 6 on restoration and aftercare; - note that the further information demonstrates that an equivalent area of the best and most versatile agricultural land disturbed as a result of the development would be reinstated to a similar quality; - satisfied that the Soils and Agricultural Land Classification Report (Appendix 4) constitutes a record of the pre-working physical characteristics of the land within the site boundary; - recommend the adoption of the "Loose-handling" methods of Defra's Good Practice Guide for Handling Soils to minimise damage to soil structure and achieve high standards of restoration; - more general advice for planning authorities can be found in the Defra Guidance for Successful Reclamation of Mineral and Waste Sites.

Refer to Natural England's standing advice in relation to protected species.

Support the principle of restoration to calcareous grassland and welcome the plans and proposed condition 27 to facilitate this.

Recommend the proposals are assessed in relation to local designations.

(d) Environment Agency – in relation to the originally submitted conditions stated that are supportive of condition 28 which requires a restoration scheme to be submitted prior to commencement of phase 2. Would expect there to be consideration of whether surface water would be increased once the site is restored and what measures will be put in place to mitigate this if necessary.

Following receipt of the further information submitted in response to the Regulation 22 request responded to state no concerns with the amended plans or proposed conditions.

(e) Anglian Water Services – consulted on 28 January 2013 and again on 30 June 2015 following receipt of the further information submitted in

response to the Regulation 22 request but had not responded at the time of writing this report.

(f) Upper Witham Internal Drainage Board - responded in relation to the further information submitted in response to the Regulation 22 request to state that the site must be attenuated to green field rates and any catchment divides within the site must be maintained within the final restoration.

All drainage routes through the site should be maintained both during the works on site and after completion of the works. Provisions should be made to ensure that upstream and downstream riparian owners and those areas that are presently served by any drainage routes passing through or adjacent to the site are not adversely affected by the development.

Drainage routes shall include all methods by which water may be transferred through the site and shall include such systems as "ridge and furrow" and "overland" flows. The effect of raising site levels on adjacent property must be carefully considered and measures taken to negate influences must be approved by the Local Planning Authority in order to prevent an increase in the risk of flooding and / or waterlogging on adjacent property.

(g) Environmental Health Officer (South Kesteven District Council) – in agreement with the originally proposed conditions.

Subsequently, following receipt of the further information submitted in response to the Regulation 22 request responded to state that the applicant has stated no mineral processing will be undertaken within 140 metres of any residential dwellings and the proposed soil bunds should alleviate noise nuisance and to a lesser degree, dust from the site. Dust monitoring must be undertaken at sites approved by the local authority and should be included as a planning condition. In view of the proposed on-site activities, which may include restoration of the site by importing refill materials, the activity may require permitting in terms of the Environmental Permitting (England & Wales) Regulations 2010. Air quality, land, water and noise pollution issues should be covered by the permit.

In discussions with the Environmental Health Officer it was agreed that on-going dust monitoring was only necessary along the northern site boundary. Confirmed that the Dust Management Plan submitted on 9 September 2015 was acceptable and requested that monitoring be on- going.

(h) Lincolnshire Wildlife Trust – in relation to the original submission stated that pleased to note that no further quarrying is proposed to take place in the previously worked quarry to the south or two plantation woodlands adjacent to the site. However, have serious concerns

regarding the proposals to back fill the previously worked quarry with spoil from the northern quarry area. This old quarry site is designated as Little Ponton Quarry Site of Nature Conservation Importance (SNCI) and is a candidate Local Geological Site. A mosaic of habitats, including calcareous grassland, as described in the Ecological Assessment report have developed in the site. The ecological survey was not carried out at the optimal time of year for botanical surveys and some species indicative of calcareous grassland may not have been present. This limitation is recognised in the report at paragraph 43. The report goes on to state in paragraph 52 that the previously worked quarry and its mosaic of habitats are potentially of district level value.

Given the value of the habitats that have developed within the old quarry site it is concerning to note that the predicted impacts on the site appear to have been based on an assumption that nothing was going to be happening to the site. Clearly the previously worked section of the quarry is not going to remain unaffected so the conclusions in the Ecological Assessment report are not valid. Given that the current proposals to back fill the previously worked section of the quarry would result in the loss of habitats the site should be subject to a detailed botanical survey at the appropriate time of year. This would allow the site to be assessed against the Lincolnshire Local Wildlife Site criteria and enable potential impacts to be fully assessed and appropriate mitigation implemented.

Given the back fill proposals a reptile survey would also be required to assess the potential impacts on the local reptile population and if necessary make recommendations for suitable mitigation.

Given the nature conservation interest of the habitats that have developed in the previously worked section of the quarry, object to the back filling of this part of the quarry and strongly recommend that it is left untouched. If there is no alternative but to back fill it, botanical and reptile surveys should be undertaken and appropriate mitigation put in place.

The Trust strongly supports the restoration plans for the northern section of the quarry to calcareous or limestone grassland as Little Ponton Quarry is located in a priority area for calcareous grassland re- creation. Calcareous grassland is a UK and Lincolnshire Biodiversity Action Plan (BAP) priority habitat and this site would help to meet targets in the UK and Lincolnshire BAP. However, have some comments regarding the finer details of the restoration scheme.

Calcareous grassland grows best when nutrient levels are low and therefore recommend that the top soil is not spread back across the site but would be better left in bunds to keep nutrient levels low across the site. If the top soil has to be removed from the bunds would recommend that it is used as the basal layer and is covered, or mixed, with the coarse limestone waste. Subsoil mixed with the fine limestone

waste or simply the fine limestone waste could then be spread to form the topmost layer. This would produce a more calcareous and less fertile substrate which would maximise the chances that specialist calcareous species become established and would minimise competition from more vigorous, less desirable species. Also recommend that in some areas limestone is left exposed and not covered with limestone waste or a limestone waste / subsoil mixture.

Pleased to note that there are plans to incorporate micro-topography into the final landform to add interest and promote the establishment of a range of habitats. A variation in micro-topography with spoil heaps would maximise the variety of aspects and soil temperatures suiting mosses on northern slopes, and certain plants and insects on southern slopes.

Support the proposed method of establishing calcareous grassland through allowing natural revegetation to take place. If seeding is used as a means of establishment agree that it is important to ensure that commercial seeds have native provenance and are from a local source. Recommend that hay or seed is not spread across the whole site but that some areas are left unseeded to colonise naturally.

With regard to aftercare would welcome sheep grazing of the site or a hay cut in July followed by aftermath grazing.

Welcome the proposed retention of limestone faces within the restoration plan which will be valuable to wildlife as they become colonised by plants and animals and also as a geological educational resource. Any important geological features should be left exposed and recommend the Lincolnshire Geodiveristy Group is involved.

Following receipt of the further information submitted in response to the Regulation 22 request responded to state that welcome the revisions to the scheme which mean that the previously worked quarry will no longer be backfilled with soils and quarry waste arising from the working of the northern section of the site, ensuring that the conservation interests of the habitats that have developed will be retained.

With regard to the restoration proposals for the northern section of the quarry, still support the plans to restore the majority of the site to calcareous or limestone grassland given the site's location in a priority area for calcareous grassland re-creation. Welcome the proposals to bury the high nutrient soils and that the final cover material will be dominated by limestone fines, producing a more calcareous and less fertile substrate, maximising the chances that specialist calcareous species become established and minimising competition from more vigorous less desirable species.

It should be noted that the verges of Whalebone Lane from the junction with the A52 to the northern edge of the development site were selected as a Local Wildlife Site (LWS) called Whalebone Lane Verges LWS in March 2013. They were selected for their calcareous grassland habitat. As this lane is fairly narrow, it is noted that passing places are proposed. Given the LWS status mitigation measures should be put in place to ensure that impacts on the verges are minimised during the construction of the passing places. Passing places will result in the loss of small sections of LWS verge, however, satisfied that the creation of calcareous grassland as part of the restoration scheme will provide ample compensation for any loss of such grassland along the LWS.

(i) Lincolnshire Biodiversity Partnership – consulted on 28 January 2013 and again on 30 June 2015 following receipt of the further information submitted in response to the Regulation 22 request but had not responded at the time of writing this report.

(j) Highways Agency – in relation to the original submission stated that the development is not expected to have a material impact on the closest strategic route, the A1 and therefore have no objections.

(k) Highways Officer (Lincolnshire County Council) – consider that the highways conditions are reasonable.

(l) Network Rail – in relation to the original submission stated that this development includes the disused quarry abutting the London and York Line, but the future extraction is in excess of 200 metres to the east of the line. The restoration works in the old quarry are to be minimal and restricted to stabilising the old face, which is remote from the railway, with overburden from the new area.

Concerns raised that the safe operation of the railway and / or the integrity of railway infrastructure may be jeopardised by the proposed works and recommend seven conditions be attached in relation to drainage; distance of plant and machinery from railway infrastructure; distance of personnel, plant and equipment from electrified lines; and a requirement for liaison with Network Rail in relation to any significant alterations to the scheme.

Following receipt of the further information submitted in response to the Regulation 22 request responded to state that have no further comments and the previous comments still apply.

(m) Campaign to Protect Rural England – consulted on 28 January 2013 and again on 30 June 2015 following receipt of the further information submitted in response to the Regulation 22 request but had not responded at the time of writing this report.

(n) Historic Environment Officer (Lincolnshire County Council) – it is clear from the archaeological desk based assessment submitted that there is a moderate potential for archaeological remains on the site. Further archaeological evaluation is required to adequately assess the location, condition and significance of any remains on site. Without further evaluation it is not possible to make a recommendation on the impact of the development as required by the EIA.

Recommend that further evaluation is required in the form of non- intrusive geophysics survey over the site, and, dependant on the results of this survey there may also be a requirement for trial trenching, without trial trenching neither significance nor condition of any archaeological remains can be assessed.

Following receipt of the further information submitted in response to the Regulation 22 request responded to state that there is no significant archaeological material which would be affected and therefore no further archaeological input is required.

(o) National Grid – consulted on 28 January 2013 and again on 30 June 2015 following receipt of the further information submitted in response to the Regulation 22 request but had not responded at the time of writing this report.

(p) Trees Officer (Lincolnshire County Council) – initially raised queries regarding the level of detail regarding landscaping but subsequently confirmed that amendments to the conditions would ensure this was acceptable.

(q) Health and Safety Executive – consulted on 10 May 2013 and again on 30 June 2015 following receipt of the further information submitted in response to the Regulation 22 request but had not responded at the time of writing this report.

(r) National Planning Casework Unit – notified on 28 January 2013 and again on 30 June 2015 following receipt of the further information submitted in response to the Regulation 22 request.

13. This application was initially publicised by a site notice and a notice in the Grantham Journal on 8 February 2013. Following receipt of further information in relation to a request made under Regulation 22 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 this further information was publicised by a notice in the Grantham Journal on 10 July 2015.

14. One representation has been received from the agent on behalf of the Buckminster Estate who are the landowners of the site immediately to the north that comprises the Southern Quadrant Sustainable Urban Extension. Whilst no objections are raised to the scheme proposed request that in setting the conditions for the development, it is ensured that working

practices on the site do not prejudice the amenity of new housing development proposed to the north of the site. These should include restrictions on methods of working, dust and noise control, means of access and hours of operation.

District Council’s Recommendations

15. South Kesteven District Council raised no objections to the application as originally submitted but drew attention to the Southern Quadrant Masterplan Supplementary Planning Document (SPD) which was adopted by the District Council in February 2013. It is a material consideration in planning decisions and sets out the District Council's vision for the area including the development of 3,500 new housing, employment land, schools, local centre, recreational facilities and link road as part of a Sustainable Urban Extension. The proposed Southern Quadrant Link Road represents a significant new element of infrastructure that will enable development to proceed. The SPD should be taken into account in determining the review of conditions relating to the Little Ponton Quarry as it represents a change to the planning policy context since the initial review was carried out.

Following receipt of the further information submitted in response to the Regulation 22 request responded to state no objections to the development.

Conclusions

16. The application is a First Periodic Review of an old minerals planning permission under the provisions of Schedule 14 of the Environment Act 1995 at Little Ponton Quarry, Whalebone Lane, Little Ponton. The key issues to consider are the appropriateness of the conditions put forward by the applicant regarding their impacts in relation to landscape and visual, soils, nature conservation, the historic environment, highways, noise, dust and flood risk. As stated above, the conditions originally proposed by the applicant have been amended during the consideration of this application and the final set of proposed conditions were submitted on 11 September 2015. Where relevant, in the paragraphs below, the differences between the original and the currently proposed conditions will be discussed.

17. It should be noted that in cases where a Mineral Planning Authority determines that conditions different from those proposed and submitted by the applicant should be imposed and the effect of those conditions as compared with the effect of the existing conditions, except where they were restoration or aftercare conditions, is to impose a restriction on working rights, then the applicant is entitled to claim compensation. Working rights in respect of a mining site are deemed to have been restricted if any of the following is restricted or reduced:

(a) the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste; (b) the depth to which any operations for the winning and working of minerals may extend;

(c) the height of any deposit of mineral waste; (d) the rate at which any particular mineral may be extracted; (e) the rate at which any particular mineral waste may be deposited; (f) the period at the expiry of which any winning and working or minerals or the depositing of mineral waste is to cease; (g) the total quantity of mineral which may be extracted from, or of mineral wastes may be deposited on, the site.

18. A further consideration in the determination of this application, as highlighted above, is the designated Southern Quadrant Sustainable Urban Extension and the Southern Quadrant Link Road, both of which lie immediately to the north of the application site. As stated above, the Southern Quadrant Link Road has the benefit of planning permission and whilst there is currently an application under consideration for the Southern Quadrant Sustainable Urban Extension, at the time of writing this report, this application had not been determined. Nevertheless, given that the principle of a Sustainable Urban Extension (SUE) in this location has been established through the South Kesteven Core Strategy, both the Southern Quadrant Link Road and SUE are material considerations in the determination of the conditions under which Little Ponton Quarry is proposed to operate and are therefore taken into account in the discussion below. Similarly, South Kesteven District Council must take into account in the determination of the SUE application that Little Ponton Quarry has planning permission to operate as a quarry until 2042.

Landscape and Visual Impacts

19. Little Ponton Quarry is located in the open countryside and as such South Kesteven Core Strategy policy SP1 and policy EN1 are of relevance. These policies seek to protect the open countryside from inappropriate development whilst conserving, enhancing and restoring the character of such areas.

20. The site lies just within the south east area of the Grantham Scarps and Valleys Character Area as identified within the South Kesteven Landscape Character Assessment (January 2007) and is on the boundary with the Kesteven Uplands Character Area. The South Kesteven Landscape Character Assessment acknowledges that the changes in landscape between the character areas can be subtle, that no definitive lines can be drawn between areas and that the boundaries illustrated in the document should be considered loosely defined.

21. The assessment of landscape and visual impacts undertaken as part of the Environmental Statement accompanying this application describes the site as being within the Kesteven Uplands Character Area. The area is described as having a gently rolling landform with the site being on the eastern flank of the River Witham valley. Agriculture and forestry are identified as the main land uses in the area and the immediately surrounding environment to the application site is said to have a number of detracting features including the electricity pylons which cross the site, the East Coast

Main Line Railway, the A1 trunk road and the industrial development to the south of Grantham.

22. In this case, the characteristics of the site and surrounding area described in the Environmental Statement reflect the character of the area and whilst the Landscape Character Assessment places the site in the adjoining character area, it is clear that this is a case where no definitive boundary can be drawn and that the assessment undertaken within the Environmental Statement is considered to be appropriate. Whilst the Landscape Character Assessment's landscape management objectives are different for the two character areas, there are a number of similarities between the two, in particular where they are of relevance to the quarry site, for example, protecting and enhancing field conditions and hedgerow trees. Both Character Areas in the vicinity of the site have been assessed in the Landscape Character Assessment as having medium to high sensitivity for employment and residential development. The Environmental Statement assesses the value of the landscape as medium and that the development would have a slight adverse impact on the local area, however, the landscape and visual impacts of the development would be mitigated by the proposed screening and working methods.

23. Whilst the original Environmental Statement did not made specific reference to the proposed SUE, this would have an impact on the sensitivity of the site from a landscape and visual impact perspective. Notwithstanding this, it is concluded that subject to the proposed screening and mitigation measures being implemented, the development would not have a detrimental landscape and visual impact and that the quarry development is acceptable in this open countryside location.

Soils

24. Policy M4 of the Lincolnshire Minerals Local Plan seeks to protect the best and most versatile agricultural land which it defines in Lincolnshire as principally comprising Grades 1 and 2. The NPPF and NPPG both state that the best and most versatile agricultural land constitutes Grades 1, 2 and 3a.

25. As part of the requirement for further information to be submitted an Agricultural Land Classification was undertaken in relation to the unworked section of the site. This found that 17% of the site was Grade 2, 71% Grade 3a, 10% Grade 3b and 2% was classified as other land. It is therefore clear that the majority of the unworked area of the site is classified as best and most versatile agricultural land.

26. In order to work the mineral at the site it is proposed to strip the soils and store these in bunds around the site. The original proposals were to spread these soils during the restoration phase of the development. However, following the advice of Lincolnshire Wildlife Trust regarding the creation of calcareous grassland, the restoration proposals no longer include the spreading of these soils and instead the majority of soils are now proposed

to be retained in peripheral bunds. The original application did not propose to reinstate the site to an intensive agricultural use as this was considered to be unlikely to be achieved due to physical constraints and the proposed depth of working. The Further Information states that given that permission already exists for the quarrying activities at the site, it is considered that the loss of the agricultural land is unavoidable.

27. Natural England have noted the presence of the best and most versatile agricultural land at the site but have welcomed the approach proposed to dealing with the soils in the Further Information and proposed conditions. It is considered that the loss of agricultural land in this case is justified given that the quarry already has permission and the soils are proposed to be handled and stored in an appropriate manner.

Nature Conservation

28. The NPPF, NPPG, policy M8 of the Lincolnshire Minerals Local Plan and policy EN1 of the South Kesteven Core Strategy seek to protect and enhance the natural environment. Woodnook Valley SSSI lies approximately 300 metres to the south east of the nearest part of Little Ponton Quarry proposed to be worked. It was designated as a good example of calcareous grassland and is stated to be particularly important in South Lincolnshire as it is in an unusually large site as most remaining grassland of this type in Lincolnshire is confined to roadside verges and disused quarries.

29. Lincolnshire Wildlife Trust have stated that the southern part of Little Ponton Quarry, which has previously been worked out, has regenerated with a mosaic of habitats, including calcareous grassland, and has been designated as a Site of Nature Conservation Importance (SNCI). This part of the site is also a designated Local Geological Site. In addition to this, in 2013 the roadside verges of Whalebone Lane between the northern point of the application site and the A52 were designated as a Local Wildlife Site (LWS) due to their calcareous grassland habitat.

30. An ecological appraisal was undertaken as part of the Environmental Impact Assessment for this application and this concluded that the southern part of the site should be appropriately protected from direct and indirect impacts during works. In relation to the northern section of the site the appraisal states that the site comprises a limited range of ecologically poor habitats. It recommends that the eastern boundary hedgerow and plantation woodlands should not be subject to any habitat loss as a result of the development and that appropriate mitigation measures should be imposed where necessary. The Environmental Statement proposes to protect these areas of woodland and hedgerow by a minimum stand-off of five metres and to locate the screening bunds such that the vegetation is physically protected from quarrying activities. In addition to this it is proposed to protect nesting birds by limiting vegetation clearance operations to times outside the bird nesting season. No adverse impacts are likely on the Woodnook Valley SSSI.

31. The original application proposed to backfill parts of the southern, previously worked area of the quarry with soils and quarry waste from the proposed workings in the northern area. However, following the advice of Lincolnshire Wildlife Trust in order to protect the nature conservation interest of this southern part of the site which has developed since this area was worked, it is now no longer proposed to undertake any development in this part of the site. This would ensure that the SNCI and Local Geological Site designations were not harmed. Natural England have confirmed that providing the site is operated as proposed in the application, it would not be likely to have an adverse impact on the Woodnook Valley SSSI.

32. Given that Whalebone Lane is a narrow carriageway, the Environmental Statement states that it is anticipated that the existing passing place on this lane should be upgraded and that two further passing places should be created. These passing places would be located within the Whalebone Lane Verges LWS and so would have an impact on the nature conservation interest of these verges. Whilst it is accepted that the proposed restoration of the site to calcareous grassland more than compensates for the loss of elements of the Whalebone Lane Verges LWS (and agreed by the Wildlife Trust), it is important that any damage or loss is kept to a minimum. As such, it is proposed that the condition requiring a scheme for the construction of passing places includes appropriate mitigation measures to protect the verges.

33. The application proposes to restore the majority of the site to calcareous grassland and this has been welcomed by both Natural England and Lincolnshire Wildlife Trust. In relation to the original proposals, Lincolnshire Wildlife Trust advised that soils should not be spread across the site in the restoration phase as calcareous grassland establishes best in low nutrient conditions. As a result of this the restoration scheme was revised to retain the stripped soils in peripheral bunds (as stated above). Natural England and Lincolnshire Wildlife Trust have expressed their support for the revised proposals, noting that calcareous grassland is a priority habitat in the UK and Lincolnshire Biodiversity Action Plans.

34. Overall, it is concluded that in the long term the proposals would have a positive impact in relation to nature conservation and would create a relatively large area of calcareous grassland which is a priority habitat.

Historic Environment

35. The NPPF, NPPG, policy M8 of the Lincolnshire Minerals Local Plan and policy EN1 of the South Kesteven Core Strategy seek to protect and enhance the historic environment.

36. The Environmental Statement contains a desk based assessment of the historic environment which indicated that there was a moderate potential for archaeological remains on the site. As part of the further information submitted following the request made under Regulation 22 of the EIA Regulations a geophysical survey and evaluation trenching was carried out

to establish the archaeological implications of the development. The result of this evaluation was that it was concluded that the site does not contain any archaeologically significant remains and that no further archaeological works were required. The County Council's Historic Environment Officer has concurred with these conclusions and as such no further archaeological works are required.

Highways

37. Policy M8 of the Lincolnshire Minerals Local Plan seeks to ensure that the local highway network is adequate to accommodate the proposed traffic generated from developments. Policy SP3 of the South Kesteven Core Strategy encourages sustainable modes of transport and refers to the provision of an east-west relief road between the A52 and the A1 to the south of Grantham. As stated above, the Southern Quadrant Link Road was granted planning permission in November 2013 subject to 18 conditions. The route of this road passes adjacent to the northern boundary of the application site and to the north west corner of the application site a roundabout is proposed, including a spur road to the south west.

38. The application originally stated that the assessment of highways impacts was based on an average of 37 vehicle movements per day, with a maximum anticipated level of 150 HGV movements. However, the Further Information submitted in June 2015 stated that these figures had been revised and that an assessment had been undertaken on the basis of an average of 73 vehicle movements per day with a maximum anticipated level of 200 HGV movements. This is because expected extraction levels were increased from between 30,000 and 100,000 tonnes per annum to 200,000 tonnes per annum. The assessment undertaken states that the development would not have a detrimental impact on the local or wider highway network and notes that there are currently no restrictions on vehicle movements associated with the quarry.

39. A new access to the application site is proposed to be created on the north east boundary of the site onto Whalebone Lane. The existing access, which is to the south eastern boundary of the previously worked part of the quarry is not proposed to be used as part of the current proposals. Whilst no specific details of the proposed new access have been provided, a condition has been proposed requiring full details to be submitted and approved prior to the recommencement of operations at the site. It is also stated that this access would be unidirectional, limiting vehicle movements to those travelling to and from the site via the A52.

40. The Further Information also considers the proposed Southern Quadrant Link Road and the impacts of this on the development. As part of the proposals for that Link Road it is proposed to stop up Whalebone Lane before its junction with the A52 and realign it to join to the Link Road. The Further Information notes that this would improve vehicle access to the site. In addition, it is considered that if the Link Road is constructed a new access to the quarry could be created off the northern site boundary to link to the

spur road off the proposed roundabout on the Link Road providing direct access from the quarry to the Link Road. A condition has been proposed to enable such an access to be created in the future, should this become a possibility, subject to the details being approved by the Mineral Planning Authority.

41. Lincolnshire County Council's Highways Officer has confirmed that the proposed conditions are appropriate and as such it is concluded that the development would not have a detrimental highway impact.

Noise

42. The NPPF, NPPG, Lincolnshire Minerals Local Plan policy M10 and South Kesteven Core Strategy policy EN1 seek to ensure that development does not have an adverse impact on the amenities of nearby landusers and in particular in relation to noise associated with minerals development.

43. Whilst the original Environmental Statement considered the potential impacts of noise, further information was sought through the Environmental Impact Assessment Regulation 22 process and as a result a Noise Impact Assessment was submitted and further to this a noise complaints procedure. The Noise Impact Assessment took into consideration the proposed Southern Quadrant SUE and the proposed mitigation measures, such as screening bunds. The Noise Impact Assessment compared the predicted noise levels to the background noise levels and relevant noise limits set out in the NPPG and found that all predicted levels were within the relevant limits.

44. The phasing of the development has been amended such that the extraction would take place from north to south, with the north-western phase being the final phase but this would only be worked once the screening bunds and planting had been well established, thereby minimising any impacts relating to noise. It should also be noted that the phases of the proposed Southern Quadrant SUE are such that the development closest to Little Ponton Quarry would take place at the later stages when the Southern Quadrant Link Road which divides the two sites would be well established.

45. The Environmental Health Officer noted the role of the screening bunds in mitigating potential impacts of noise and has not raised any objections to the proposed conditions. The use of the noise complaints procedure would also ensure that any problems reported were dealt with appropriately.

46. The conditions proposed would ensure that the development would not have a detrimental impact in relation to noise and take into account the potential future development which may take place on the land to the north in the Southern Quadrant SUE.

Dust

47. The NPPF, NPPG and Lincolnshire Minerals Local Plan policy M10 seek to ensure that development does not have an adverse impact on the amenities of nearby landusers and dust is an important consideration in this regard.

48. The Environmental Statement considered the impacts of dust and stated that there were no sensitive receptors within 500 metres of the site. The Further Information submitted in relation to the Regulation 22 request contained a Dust Management Plan which considered the potential impacts of dust, including in relation to the proposed Southern Quadrant SUE. The key sources of potential dust are identified as the excavation of material from the working faces; the movement of plant around the quarry on the internal haul roads; the loading and unloading of HGVs; and the screening and crushing of material. It is noted that the phasing of development in the quarry has been amended so that all working at surface level in the northern part of the quarry would be completed long before any properties within 500 metres within the Southern Quadrant SUE have been constructed (on the basis of the current proposals) and that the final phase of working in the north west corner of the site would take place when the advance planting would be well established and the Southern Quadrant Link Road is likely to have also been constructed.

49. In light of the proposed Southern Quadrant SUE South Kesteven's Environmental Health Officer has requested that dust monitoring be undertaken at the site. It has been agreed that monitoring would only be required along the northern boundary of the site and the revised Dust Management Plan submitted on 9 September 2015 sets out the means by which the monitoring would take place. The Environmental Health Officer has confirmed that this is acceptable and has requested that monitoring be ongoing for the duration of the development. This requirement has been incorporated into the amended conditions.

50. Overall, it is concluded that the proposed conditions would ensure that the development would not give rise to adverse impacts in relation to dust and makes provision for the ongoing monitoring of dust at the site.

Flood Risk and Drainage

51. Little Ponton Quarry lies within Flood Zone One as identified by the Environment Agency. The ES contains a Flood Risk Assessment which concludes that the development would not have an adverse impact in relation to flood risk either on or off-site. The Environment Agency have not raised any objections to the development and responded in relation to the Regulation 22 information that they have no concerns. It is therefore concluded that the development would not present any harm in relation to flood risk.

52. Network Rail have raised concerns regarding the impacts of the Railway. As such, they have requested a number of conditions be imposed.

However, the Environmental Statement sets out that the development would not result in adverse impacts and the proposed extraction area is approximately 250 metres from the railway line at its closest point. The issue of surface water in the restoration phase will be dealt with through the requirement in one of the proposed conditions to submit a detailed restoration and aftercare scheme prior to any development taking place within Phase 2. It is therefore not considered necessary to impose the conditions suggested by Network Rail, however, it is recommended that their letter is included as an informative for the applicant in the decision notice and this would also inform the applicant of the other issues to which Network Rail refer but are not considered to be appropriate to include as conditions in light of the nature of the proposals.

Overall Conclusion

53. Discussions have taken place with the applicant and a number of consultees throughout the determination process of this application to seek solutions to concerns raised whilst being mindful that the County Council did not wish to restrict the working rights in relation to Little Ponton Quarry. The proposals have changed since the original submission to take into account the need for solutions and also to take into account the applications and planning permission for development on the land to the north of the site forming the Grantham Southern Quadrant Sustainable Urban Extension. As a result of this, and in response to the requests of consultees, further information has been provided and a revised set of conditions was submitted on 11 September 2015. These conditions ensure that the development addresses the concerns raised and would not have an adverse impact in relation to landscape and visual impacts, soils, nature conservation, the historic environment, highways, noise, dust and flood risk. As such, it is therefore concluded that the development would be acceptable subject to the proposed conditions.

RECOMMENDATIONS

It is recommended that:

(a) This report forms part of the Council's Statement pursuant to Regulation 24 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 which requires the Council to make available for public inspection at the District Council's Offices specified information regarding the decision. Pursuant to Regulation 24(1)(c) the Council must make available for public inspection a statement which contains:

 content of decision and any conditions attached to it;  main reasons and considerations on which decision is based;  including if relevant, information about the participation of the public;  a description, when necessary, of the main measures to avoid, reduce and if possible offset the major adverse effects of the development;

 information recording the right to challenge the validity of the decision and procedure for doing so; and

(b) the following conditions, as submitted on 11 September 2015, be approved:

General

1. The winning and working of minerals shall cease not later than 21 February 2042.

2. Nothing in this decision notice shall be construed as permitting the importation of materials to achieve the screening or restoration of the site.

3. No further quarrying or restoration operations shall take place in those parts of the site denoted by a black dashed line on drawing number 0239-6-14 Rev A.

Approved Details

4. Unless otherwise required by conditions attached to this decision notice, the development hereby permitted shall be carried out strictly in accordance with the details contained in the application dated 5 December 2012, the Environmental Statement and the accompanying drawings, subject to any modifications or additions contained within the Further Information dated 12 June 2015, the revised drawings dated 23 June 2015, the noise complaints procedure dated 3 July 2015 and the Dust Management Plan dated 9 September 2015.

Working Programme and Phasing Details

5. Written notification of the date of recommencement of quarrying operations shall be sent to the Mineral Planning Authority within seven days of such recommencement.

6. No working shall take place below 80m AOD.

7. No crushing or grading of limestone shall take place except within the quarried area nor shall any stockpiles be stored other than within the quarried area. Stockpiles shall not exceed 5m or the height of the boundary screening bunds, whichever is the lower.

8. With the exception of those requiring removal as part of the construction of the new access to Whalebone Lane, all existing trees, bushes and hedgerows along the site boundary shall be retained and managed in accordance with Section 3.3 of the Further Information dated 12 June 2015.

9. The advance vegetation and tree planting detailed within the Further Information dated 12 June 2015 shall be implemented during the first available planting season following the date of this Decision Notice. All trees shall be maintained for a period of 10 years during which all losses shall be replaced in the following planting season.

Blasting

10. No blasting shall take place until the operator has secured the written approval of the Mineral Planning Authority to a scheme which:

(i) specifies the maximum permissible impacts (peak particle velocity) as measured at agreed vibration sensitive locations; (ii) specifies the times, frequency of blasting and method of warning of blasting episodes; (iii) provides for the monitoring of blasting including details of the equipment to be used.

Thereafter all blasting shall be undertaken strictly in accordance with the approved schemes.

Hours of Operation

11. Except as may otherwise be agreed in writing by the Mineral Planning Authority, the working and processing of minerals and their transportation from the site and all other associated activities at the site shall be restricted to between the following hours:

07:00 hours to 18:00 hours Monday to Friday; 07:00 hours to 13:00 hours Saturdays.

No operations shall be carried out on Sundays or Public Holidays.

Access and Highways

12. No quarrying operations other than the stripping of soils and the construction of bunds shall take place until the operator has constructed a new access to Whalebone Lane. The access shall be constructed in accordance with details to be agreed in writing with the Mineral Planning Authority, and shall be based upon the location and general layout shown on drawing number 0239-6-15 Rev A.

13. Prior to the Access constructed in accordance with Condition 12 being brought into operation a directional sign, the details of which shall be agreed in writing with the Mineral Planning Authority, shall be erected and thereafter maintained at the exit onto Whalebone Lane advising HGV drivers that right turns out of the site are prohibited.

14. No quarrying operations other than the stripping of soils and the construction of bunds shall take place until the operator has provided

facilities, of a type and in a location to be agreed in writing with the Mineral Planning Authority, which will prevent the deposition of extraneous material on the public highway. Such facilities shall be retained and implemented throughout the duration of the development.

15. No vehicle shall enter the public highway unless, where necessary, its wheels and chassis have been cleaned to prevent material being deposited on the public highway.

16. No quarrying operations other than the stripping of soils and the construction of bunds shall take place until the operator has constructed passing places along Whalebone Lane in accordance with a scheme to be agreed in writing by the Mineral Planning Authority. Such a scheme shall include details of the number, location and construction of the passing places, along with any mitigation measures required to protect the Whalebone Lane Verges Local Wildlife Site.

17. No loaded HGVs shall leave the site unsheeted except for those only carrying stone in excess of 75mm.

Potential Future Access

18. Should future access to the proposed Grantham Southern Relief Road become available, full details of the proposed new access and infrastructure layout shall be submitted to the Mineral Planning Authority for approval in writing. Such details shall include details of the access, the wheel wash, weighbridge, site offices, car parking and other related infrastructure.

19. No access other than that approved under Condition 12 shall be brought into use until the details agreed in accordance with Condition 18 have been implemented in full.

20. Should any access approved under Condition 18 come into operation, the use of the access onto Whalebone Lane shall be restricted to staff and light vehicle movements.

Soil & Overburden – Stripping, Storage and Replacement

21. No topsoil, subsoil or overburden shall be removed from the site.

22. Prior to entering each phase of working, the full depth of soils from that phase shall be stripped and used either in restoration works, landscaping or screen bunding as shown on the approved working and phasing drawings.

23. All soils shall only be stripped, handled, stored and replaced when they are in a dry and friable condition, unless otherwise agreed in writing with the Mineral Planning Authority.

24. Soil mounds shall be constructed with only the minimum amount of compaction necessary to ensure their stability, and shall not be traversed by heavy vehicles or machinery except during their construction and removal.

25. Where soil mounds are to remain in situ for more than 3 months or over the winter period they shall be seeded with a suitable grass seed mixture. Once established, the sward shall be managed throughout the period of storage and kept weed free.

Noise

26. Except during periods of soil stripping and reinstatement, the noise at the closest residential property shall not exceed 55dB (LAeq) (1 hour) free-field or background +10dB (LAeq) (1 hour) free-field, whichever is the lower. During periods of soil stripping and reinstatement the free-field noise level due to these works shall not exceed 70 dB (LAeq) (1 hour). These operations shall not exceed a total of eight weeks in any calendar year. Advance notice of the commencement of such temporary operations shall be given to the Mineral Planning Authority.

27. In the event of a complaint regarding noise being received, the complaint shall be investigated and appropriate mitigation measures implemented in line with the Noise Complaints Procedure dated 3 July 2015.

28. All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer's specification at all times and shall be fitted with and use effective silencers and white noise reversing devices.

Dust

29. All operations shall be carried out in a manner to minimise the emission of dust from the site, as set out in the Dust Management Plan dated 9 September 2015. Unless otherwise agreed in writing by the Minerals Planning Authority, the dust monitoring program set out in the Dust Management Plan dated 9 September 2015 shall be continuous for the duration of the development. In order to control dust from the internal traffic movements, all haul roads within the site shall be maintained in a good condition and shall be kept moist in dry and windy conditions as necessary. In the event of a complaint regarding dust being received, the complaint shall be investigated and appropriate mitigation measures implemented in line with the

Complaints Procedure contained within the Dust Management Plan dated 9 September 2015.

Surface Drainage and Pollution Protection

30. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound shall be at least equivalent to the capacity of the largest tank, or the capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and site glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets shall be detailed to discharge downwards into the bund.

31. There shall be no discharge of foul or contaminated drainage from the site into either the ground water or any surface waters, whether direct or via soakaway.

Working, Restoration & Aftercare

32. No development shall take place within Phase 2 (as shown on drawing number 0239-6-17 Rev A) until a detailed restoration and aftercare scheme covering the all areas to be worked has been submitted to and approved in writing by the Mineral Planning Authority. This scheme shall be in general accordance with the details contained within the Environmental Statement, the Further Information dated 12 June 2015 and the revised plans dated 23 June 2015.

33. The site shall be restored and maintained fully in accordance with the scheme approved under Condition 32.

Miscellaneous

34. Following the recommencement of quarrying operations, a copy of this permission together with all documents hereby approved and any other documents subsequently approved in accordance with any condition of this permission shall be kept available for inspection on site during the prescribed working hours.

Reasons

1. In accordance with Schedule 5 of the Town and Country Planning Act 1990.

2. For the avoidance of doubt.

3. For the avoidance of doubt and to protect the nature conservation and landscape interest.

4. For the avoidance of doubt as to the scope of the old mining permission and to define the extent of the operational area for carrying out the development.

5 & 34 To assist in the monitoring of the development.

6. To protect groundwater.

7, 8, 9, 10, 11, 26, 27, 28 & 29 To protect the amenities of the surrounding area.

12, 13, 18 & 19 In the interests of highway safety.

14, 15 & 17 In the interests of highway safety and to protect the surrounding area.

16. In the interests of highway safety and to protect the designated nature conservation interest.

20. In the interests of highway safety and to ensure that the most suitable access available is used.

21. To prevent the loss of soils and to ensure that resources are available for the restoration of the site.

22, 23 & 24 To protect the soil resource.

25. To protect the soil resource and to protect the amenities of the surrounding area.

30 & 31 To prevent pollution.

32 & 33 To ensure that the site is restored appropriately and at the earliest opportunity.

Informatives:

Attention is drawn to:

(i) the letter from Network Rail dated 8 March 2013; and

(ii) The validity of the grant of planning permission may be challenged by judicial review proceedings in the Administrative Court of the High Court. Such proceedings will be concerned with the legality of the decision rather than its merits. Proceedings may only be brought by a person with sufficient interest in the subject matter. Any proceedings shall be brought promptly and within six weeks from the date of the planning permission. What is prompt will depend on all the circumstances of the particular case but promptness may require proceedings to be brought at some time before the six weeks has expired. Whilst the time limit may be extended if there is good reason to so such extensions of time are exceptional. Any person considering bringing proceedings should therefore seek legal advice as soon as possible. The detailed procedural requirements are set out in the Civil Procedure Rules Part 54 and the Practice Directives for these rules.

Appendix

These are listed below and attached at the back of the report

Appendix A Committee Plan

Background Papers

The following background papers as defined in the Local Government Act 1972 were relied upon in the writing of this report.

Document title Where the document can be viewed

Planning Application File Lincolnshire County Council, Planning, Witham Park - S53/0255/13 House, Waterside South, Lincoln

National Planning Policy Communities and Local Government website Framework (2012) www.gov.uk

National Planning Policy Communities and Local Government website Guidance (2014) www.gov.uk

Lincolnshire Minerals Lincolnshire County Council website Local Plan (1991, saved www.lincolnshire.gov.uk policies 2007)

South Kesteven Core South Kesteven District Council website Strategy (2010) www.southkesteven.gov.uk South Kesteven Site Allocation and Policies Development Plan Document (2014) South Kesteven Local Plan (1995) (saved policies 2007)

Lincolnshire Minerals and Lincolnshire County Council website Waste Local Plan: Core www.lincolnshire.gov.uk Strategy and Development Management Policies (Pre-Submission Draft) January 2015

This report was written by Natalie Dear, who can be contacted on 01522 782070 or [email protected]

LINCOLNSHIRE COUNTY COUNCIL PLANNING AND REGULATION COMMITTEE 5 OCTOBER 2015  Grantham Southern Relief Road

Site of Application

East Coast Mainline

Whalebone Road

Public Footpath

Prevailing Wind Direction from the south-west 



LINCOLNSHIRE COUNTY COUNCIL Reproduced from the 1996 Os Mapping with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to civil proceedings. OS LICENCE 1000025370

Location: Description: Little Ponton Quarry Under the provisions of Schedule 14 of the Whalebone Lane Environment Act 1995 for the First Periodic Little Ponton Review of the conditions by which Little Ponton Quarry operates Application No:S53/0255/13S53/0255/13 Scale:1:10,000

Regulatory and Other Committee

Open Report on behalf of Richard Wills Executive Director, Environment & Economy

Report to: Planning and Regulation Committee

Date: 5 October 2015

Subject: County Council Development - H14/0693/15

Summary: Planning permission is sought to construct a two classroom extension, staffroom extension, construct new reception office, extend playground, remodel front car park and form a new parking area with new vehicle access from Knight Street at Pinchbeck East Church of England Primary School, Fennell Road, Pinchbeck. The main issues for consideration are the possible impacts on local amenity, including the impact on highway safety and capacity, as well as residential amenity.

Recommendation: Following consideration of the relevant development plan policies and the comments received through consultation and publicity it is recommended that conditional planning permission be granted.

Background

1. The Pinchbeck East Church of England Primary School has been extended a number of times, the most recent being two classroom extension and replacement hard play games area granted planning permission in 2014.

2. This further application would support the schools expansion from a 1.5 form entry to 2 form entry. This expansion is necessary to ensure that the required number of primary school places are provided in the area, enabling the Local Authority to meet its statutory obligation and ensuring that all pupils can be offered a place at their local school. The school currently operates with a Published Admissions Number (PAN) of 45, and the proposal is to increase their PAN to 60 with effect from September 2016 to meet projected demand. The additional accommodation would ensure that there are sufficient facilities in place to accommodate up to 420 primary aged children over the next seven years.

The Application

3. The applicant has provided the following information in support of the proposal. The proposal comprises several individual elements: Two classroom extension

4. The two classroom extension would:

 be constructed on the eastern flank of the existing school building;

 be 23.6m long and 15m wide, 2.8m to the eaves and 5.2m to the ridge;

 be linked to the existing school building by a flat roof corridor 3.7m high;

 comprise two classroom with associated store rooms, corridor, group room, resource area, small group space, boiler cupboard, disabled WC, and pupil WCs;

 be constructed in materials buff facing brick and grey membrane/metal roofing. The design also incorporates with detailing around windows and coloured panels. The materials chosen, the design and features of the extension compliment/reflect the materials and styles of the existing school building;

 be built on a grassed area, at present there is a large wooden shed, a small garden/planting area and several trees within this area;

 require the removal of eight mature trees and the planting of four replacements;

 bring the building to within 4.5m of the school boundary. This boundary is marked by a metal fence and a substantial, well maintained hedge. Beyond the school boundary is a foot path which links Fennell Road to Knight Street, beyond are the gardens of the properties of Guildhall Drive. Some of the gardens, of these two storey detached and semi- detached properties, are screened by close board wooden fences, some by hedges, others by wire fencing and shrubs/trees;

 be located 4.5m from the school boundary and from building to boundary of the nearest property it would be 6m, whilst to the property itself it would be 14m. However, the design and layout of the building ensures that on the elevation closest to the schools eastern boundary there are no classroom windows, only the corridor to the classrooms. The ridge of the extension is 5.2m high and set back 10m from the school boundary. The applicant has aimed, through the design and layout of the extension, to mitigate against any negative impacts on the amenity of local residents.

Site Location Plan

Extended Entrance

The extended entrance would:

 be located to the front of the school building, close to the access to the school off Fennell Road;

 be 6m long, 3m wide and 3.6m high, with a flat roof;

 be constructed in timber cladding to match the existing entrance;

 provide an office and a secure lobby.

Staff Room Extension

The staff room extension would:

 be located in the middle of the school building;

 require the removal of an existing glazed link corridor;

 be 7.5m wide and 9m long, 2.9m high, with a flat roof;

 comprise three offices and the reconstructed link corridor, which would be partially glazed constructed, adjoining the proposed staffroom extension.

Plan: Proposed Teaching Extension Elevations

New Access and Staff/Visitor Car Parking

This element of the proposal comprises:

 the construction of a new access off Knight Street, to the rear of the school. The access would be gated and access to the school site, via this entrance, would be managed by the school;

 the use of the existing access, located to the east of the proposed entrance, for a temporary period during construction. This access is currently used solely for emergency and playing maintenance vehicles. During the works a temporary track would be constructed from this access along the northern boundary of the playing field, parallel with Knight Street. Following completion of the development the track would be removed, the land reinstated and the access would remain in use, solely for emergency and playing field maintenance vehicles;

 the construction of 17 car parking spaces for staff/visitors. The parking spaces would run along the western boundary of the school site. The boundary of the school is marked by a 2m close board wooden fence, with ball stop fencing on top, beyond abutting the fence are the gardens of the nearest residential properties;

 the use by the school of the nearby Glebe Field, which is adjacent to the school, for team games. During the construction works the temporary access track would impinge on the school playing field. A memorandum of agreement has been signed by the school and the Parish Council (who own Glebe Field) to use Glebe Field. The Agreement to use Glebe Field does not have an end date but requires a review of the situation to be undertaken every 5 years;

 the use of Glebe Field would be managed and supervised by the school, who operate under robust safeguarding requirements;

 the car parking area and the new access being constructed in a manner which would provide sustainable drainage, preventing runoff to neighbouring properties and their gardens;

 the removal of two trees, however, there would be three replacement trees planted.

Remodelling of Existing Car Park

To the front of the school there would be some remodelling of the existing car park to provide access through to the proposed new area of staff parking to the rear of the site. It is envisaged by the school that this additional area of parking would serve the first staff to arrive in a morning, prior to pupil arrival, with these staff anyway only leaving after pupils have left the site after their last lessons of the day. This strategy provides the maximum benefit to the school in terms of the number of parking bays which can be provided with minimal impact around the key areas and associated existing constraints at the front of the school site.

Other Minor Changes

Include:

 the relocation of two trim trails,  the relocation of a storage container,  the installation of a new gated access on the eastern boundary,  the stationing of a new (replacement) storage shed  an extension to the Key Stage 2 playground.

5. The proposed site is within Flood Risk Zones 2 and 3 and a Flood Risk Assessment was submitted in support of the application following consultation with the Environment Agency, setting out the relevant mitigation measure relating to the construction of the buildings and the new parking area and access road to negate any negative impacts.

6. A tree report was submitted in support of the application which makes detailed recommendations of replacement species for the trees which are proposed to be removed and of roots protection to trees in the vicinity of the works which are to be retained all proposed new works are to be carried out in accordance with BS5837:2012.

7. Following discussion with the County Council Accessibility Project Officer an undated Travel Plan was submitted in support of the application. This seeks to encourage pupils, parents and staff, to reduce reliance on car transportation and improve road safety.

Site and Surroundings

8. Pinchbeck is located approximately 2.5 kilometres north of Spalding. The school is located close to the centre of the village. To the west, south and east the school is enclosed by housing. Immediately to the north is the B1180 Knight Street, the main route through the village with some commercial properties beyond. The school is approximately 60 metres outside of a Conservation Area, to the east. The main entrance to the school is off Fennell Road, a residential street to the south of the school.

9. There are several elements to this proposal however the main impacts on surrounding land uses would be from the proposed two classroom extension – on the east of the school site and the new access and staff parking area on the northern and western boundary of the school site. The boundary to the west, is enclosed by a 1.8 metre high wooden close board fence, which would screen views on to the proposed car park area and access from the gardens and windows of bungalows on Forge Crescent and Westfield Drive. To the east the proposed extension would be screened, from the ground floor rooms of the properties on Guildhall Road by a mature Beech hedge approximately 2.5 metres high and the fences/planting within their gardens. As noted previously in this report the proposed extension has been designed to ensure the ridge would be set back from the boundary and the neighbours gardens and homes beyond.

Site of proposed classroom extension

Main Planning Considerations

National Guidance

10. National Planning Policy Framework (NPPF) (March 2012)

Paragraph 72 – Great importance is attached to ensure that sufficient choice of school places is available to meet the needs of existing communities. Therefore great weight is given to the need to expand schools.

Paragraph 103 – Development should ensure flood risk is not increased elsewhere and only consider development appropriate in areas at risk of flooding where, informed by a site-specific flood risk assessment.

Paragraphs 186 and 187 - Pre-application advice on the development and by processing the application efficiently.

Paragraph 215 – Due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework. This is of relevance to the South Holland Local Plan (2006).

South Holland Local Plan (2006)

Policy SG9 – Development and flood risk, seeks site specific assessment and flood resilient design and construction.

Policy SG14 – Design and layout, requires new development make a positive contribution to the architectural and visual quality of its surroundings, with particular consideration of the choice of materials, the relationship with the character, form and scale of existing buildings and the effect on the amenity of nearby residents.

Policy SG17 – Protection of residential amenity, where the development would not cause material harm to residential amenity in terms of extent of overlooking and loss of privacy or overbearing or overshadowing effect and the potential noise nuisance including that associated with vehicular activity.

Policy SG20 – Extensions to existing buildings, will be permitted subject to not adversely alter the appearance of the existing building, not materially harm the amenity of adjacent residents and the operational car parking needs of the development would continue to be met.

Results of Consultation and Publicity

11. (a) Pinchbeck Parish Council Parish Council - offered the following, summarised comments:

 the new access onto Knight Street would compromise the safety of pedestrians, old and young and the safety of cyclists;  as there would be more traffic generated along Knight Street due to the new access, in the interests of safety a 20 mph speed limit should be introduced;  the link passage between Fennell Road and Knight Street, could be better utilised as a shared pedestrian and cycling zone. It is understood that it would cost £5,000 to carry out a feasibility study. The Parish Council would be pleased if Lincolnshire County Council Highways have regard to this. If successful, cycling routes could be linked through to the Primary School;  the access point on Knight Street will be used by parents and not just teaching staff. Could automatic gates be installed to prevent unauthorised use;  a Zebra Crossing should be constructed on Knight Street which would complement the new park and stride system being implemented;  Glebe Field has no fencing and is open to the public, this is a concern for pupil safety;  the schools of Pinchbeck and Surfleet could amalgamate, the current school site could be sold for housing and a new school built elsewhere.

(b) Local County Council Member, Councillor E J Sneath – consulted on the 22 July 2015, but had not replied.

(c) Environment Agency (EA) – raised no objection to the application as submitted. We recommend that a planning condition is applied to secure the following mitigation measures proposed in the submitted Flood Risk Assessment:

 Floor levels set to match those of the existing building; and  New build construction to follow the general principles set out in the DCLG report ‘Improving the Flood Performance of New Buildings – Flood Resilient Construction’.

(d) Welland and Deeping Internal Drainage Board - offered the following comments:

The IDB are happy to see that surface water from the site will be restricted to the Greenfield run-off rate by the use of SUDS, permeable paving and permeable surfaces. If the existing surface water drains are to be used as eventual outfalls then flow rates of these drains and their capacity and condition should be checked to ensure that they can accommodate any increased flow.

(e) Highway Authority and Lead Local Flood Authority (Lincolnshire County Council) - whilst aknowledging that the proposed new vehicle access onto Knight Street and car parking spaces could not completely remove the vehicle activity in Fennel Road which has been the subject of complaints from residents of that road, their provision would contribute positively to reducing both vehicle movement and on-street parking on that road. The position of the proposed access has been chosen to provide the required visibility so its use would not be expected to endanger road users or those using the access. The proposal includes measures to attenuate surface water run-off from the site, by means of hydrobrake and on-site storage, to a rate no greater than the existing. Therefore, having given due regard to the appropriate local and national planning policy guidance (in particular the National Planning Policy Framework), Lincolnshire County Council (as Highway Authority and Lead Local Flood Authority) has concluded that the proposed development is acceptable. Accordingly, Lincolnshire County Council (as Highway Authority and Lead Local Flood Authority) does not wish to object to this planning application, subject to the imposition of an infomative. This requires the applicant, prior to the commencment of the development, to contact the Divisional Highways Manager regarding the submission of details for any access works within the public highway.

(f) Arboriculture Officer (Lincolnshire County Council) - endorse the findings and recommendations of the Tree Constraints and Protection Report and recommend that the tree protection measures are followed throughout the construction process and the replacement planting is undertaken in accordance with the report.

(g) Accessibility (Lincolnshire County Council) - the Travel Plan submitted has recently been updated and agreed with me prior to submission. My only recommendation would be the school register for Modeshift Stars information of which has been provided. This would help them monitor their travel plan.

(h) Sport England - raise no objection, as the application would comply with Exception E3, subject to a planning condition requiring the prompt restoration of playing field land affected by the temporary access and associated works.

12. The application has been advertised by site notice and 27 neighbours were notified by post. Comments have been received from three local residents, one identifies himself as the representative of the Fennell Road/Knight Street Residents and the Spalding North Rural Community Panel. The following, summarised, concerns and objections have been made. The proposal would:

 be detrimental to the safety of children, elderly pedestrians and cyclists;

 increase existing congestion at dropping off and picking up times;

 exacerbate the existing problems caused by a lack of enforcement of parking requirements;

 increase inconsiderate and dangerous parking;

 encourage dropping off near this new access point, to the determent of road safety;

 increase the need for greater traffic management (lines, signs and speed limits) and the need to enforce any traffic management measure imposed;

 result in the loss of attractive mature trees;

 result in the loss of residential amenity to those properties closet to the two classroom extension;

 be detrimental to children's safety when using Glebe Field, this field is not fenced and is open to the public.

As a result of this proposal certain arrangements should be put in place:

 a 20 mph speed limit should be imposed on Knight Street and Fennell Road;

 the link passage between Fennell Road and Knight Street, could be widened and should be used for pedestrians and cyclists;

 automatic gates should be installed on the new access to prevent parents using the staff parking;

 new lining on Knight Street;

 the installation of a zebra crossing on Knight Street;

 greater safety improvement for existing pedestrian crossing;

 parking for parents and provision of drop off points. Including the use of St Mary's Avenue, subject to the imposition of a new, safe crossing point;

 the exclusion of HGV and overweight agricultural tractor and trailers using Knight Streets;

 deliveries should not be allowed during school opening and closing times;

 HGV and legal farm traffic diverted down Rotten Row onto Church St. roundabout and a pelican crossing should be installed on this roundabout;

 the construction of a new school away from the village centre;

 an all-encompassing view has to be taken of existing and future traffic movements, the condition of the highway, the vehicles using the highway and impending changes in the locality as a result of other development and future development;

 part of the community contribution from housing development should provide funds for a pelican crossing on Pinchbeck Road to ensure the safety of the primary age children on a busy road.

District Council’s Observations

13. South Holland District Council has no objection to the application, but recommended three conditions:

 commencement within three years;  the development to be carried out in accordance with approved plans; and  the development to be carried in general accordance with the measures set out in the FRA, these measures to be fully implemented prior to occupation.

Conclusions

14. This application seeks planning permission to provide 2 additional classrooms at the Pinchbeck East Primary School to provide additional capacity for an expected increase in the demand for primary school places in this area to ensure that pupils can be offered a place at their local school. In addition to the provision of additional classrooms additional works will take place involving the remodelling of the existing parking area, creation of a new access and construction of a new reception office. The issues arising out of the consultation and publicity process that need to be assessed in the consideration of this application are set out below.

Impact on Residential Amenity

A local resident has raised concerns regarding the impact the proposed two classroom extension would have on the properties fronting Guildhall Drive. Their concern is that the ridge of the proposed building would be immediately opposite the gardens of some of the properties along this road. As noted the proposed building is a single storey extension 2.8m to the eaves and 5.2m to the ridge. The ridge is set back 10m from the school boundary, 11.5m from the boundary of the nearest garden and 19m from the property. Policy SG14 of the South Holland Local Plan requires consideration to be given to the design, scale and appearance of new development to ensure it is in keeping with the character and form of existing buildings as well as the possible impacts on nearby residents. Policy SG20, supports extensions to existing buildings subject to the development not adversely altering the appearance of the existing building, preventing material harm to the amenity of adjacent residents and ensuring that the operational car parking needs of the development are meet. The design, scale, materials and location of each element of this development have been selected to complement the existing school building, whilst minimising any negative impacts on surrounding properties. The provision of the additional car parking for staff and authorised visitors would significantly increase operational car parking capacity. The impact on the properties to the west of the proposed parking area would be mitigated by the existing substantial close board wooden fencing and by the limited use of the parking, in terms of movements being limited to short periods in the mornings and in the afternoons during term time, similarly the number of users would be limited to staff and authorised visitors. Policy SG17 more specifically aims to protect residential amenity from development which would lead to material harm, in terms of the development overlooking, overbearing or overshadowing residential properties or loss of privacy. An assessment has been undertaken on the impact of the development on the properties on Guildhall Drive, and it is considered these impacts have been mitigated through the design and location of the proposed building. The applicant has submitted a Flood Risk Assessment in support of the planning application to indicate how through using flood resilient design and construction, in terms of both the building and the car parking area and access, flood risk impact of the development to surrounding land uses/users would mitigated, in accordance with Policy SG9 of the Local Plan and Paragraph 103 of the NPPF. It is assessed that the FRA is acceptable and would not lead to an unacceptable increase to the flood risk in the area nor represent a danger to the users of the building through flood risk.

Loss of Trees

Concern has been raised by a local resident regarding the loss of several attractive mature trees along the eastern flank of the school. In the design phase of buildings within school grounds care is taken to ensure impact on trees and shrubs is limited, in particular when the trees are mature. However, due to other locational constraints within the school site and the need to work with the operational flow and management of the primary school, this location was the best available one. Whilst it is proposed to undertake some replanting within the school grounds, this would represent a slightly lesser number than those lost and not located in the area close to the objectors property. The application was supported by a Tree Constraints and Protection Report. This report has been assessed by the County Councils Arboriculture Officer, who concurs with the contents and conclusions of the report, subject to the imposition of a condition requiring the development being undertaken in accordance with the details set out in the report. Consequently the loss of the trees does not compromise the requirements of Development Plan policies seeking to protect trees.

Safety of New access

Concerns/objections have been raised with regard to impact of the new access on Knight Street on pedestrian and cyclists safety. The Highways Officer notes that the proposed vehicular access off Knight Street has been designed to meet the required standards and has adequate visibility for its intended purpose. It is also noted that the frequency of use of the access is relatively low by staff and authorised visitors only, for two brief periods on five days of the week during term time. There are already accesses along this section of road and it is considered that given the circumstances the access should not give rise to any further 'issue for pedestrians and cyclists'.

Highway Safety and capacity

Objections/concern has been expressed by residents and the Pinchbeck Parish Council, regarding highway safety in and around the school. The Highways Officer acknowledges that the proposed new vehicle access onto Knight Street and car parking spaces would not completely remove the vehicle activity in Fennel Road, which has been the subject of complaints from residents of that road, however, their provision would contribute positively to reducing both vehicle movement and on-street parking on that road. The School Travel Plan already seeks to reduce car use and in line with the current incremental increase in pupil numbers and the Travel Plan is amended annually to reflect these changes. It is considered that the increase in pupil numbers, over a period of time, together with the initiatives incorporated in the Travel Plan to encourage more sustainable modes of transport would not result in a significant increase in congestion outside the school than currently exists. It is anticipated that the positive initiatives of the Travel Plan would be an improvement over the current situation. No objection has been raised to the proposal by the Highways Officer in terms of the impact of the proposal on highway safety and capcity. A condition could be imposed that requires the development to be undertakenin accordance with the Travel Plan submitted with the application which would ensure there is no conflict with development plan policies which require developments to take place without comprimising higway safety.

15. The following paragraphs address other matters raised during the consultation/publicity process:

Parent Parking/dropping off and pick up points

It has been suggested that provision is made for parental car parking have on site. Whilst this can be incorporated into the layout of new schools it is much more difficult to provide at existing schools which are often within constrained sites without the space to provide such a provision. Generally parent parking is not encouraged in and around school sites but initiatives are put in place to encourage pupils to travel to and from school by more sustainable modes of transport using Travel Plans. There is also a concern that if parking areas are provided this would most likely only serve to increase the numbers of vehicle trips.

Excessive Speed

Excessive speed in the area of the school is a matter for investigation and enforcement by the Police.

Introduction of 20mph zone

As noted by one of the objectors 20 mph limits are currently advisory only rather than mandatory and have to be installed as part of a School Safety Zone. The school in conjunction with the Road Safety Officer would have to request that LCC Highways investigated this matter, however certain criteria must be meet before an assessment could take place. It should also be noted that the imposition of 20 mph limit is subject to a completely separate consultation process and could not be imposed as a condition of any planning permission granted.

Zebra Crossing

With regard to the provision of a Zebra Crossing this is not something that can be imposed by a planning condition but only through a Section 106 Planning Obligation where there is a need for such a facility. In this case the Highways Officer has not requested such a facility is required to make the development acceptable.

Yellow Lines

Double yellow lines are not considered appropriate in this situation and would be more likely to disadvantage local residents and their visitors than parents of children attending the school. The school 'keep clear' markings which were previously on Knight Street were not replaced after the carriageway was resurfaced a couple of years ago as there is already an enforceable 'no waiting 8 till 6' in place. The proposed access would be covered by this waiting restriction.

Link between Knight Street and Fennel Road

The widening of the footpath between Knight Street and Fennel Road is not part of this planning application, nor would it be considered essential to the operation of the proposed development and it would not therefore be reasonable, fair or proportionate to require such work as a Condition of granting consent. Following investigations previously undertaken it was confirmed that the link passage is not wide enough to support a joint footway/cycleway.

Overall Conclusion

16. Whilst it is understandable that the publicity and consultation of a planning application, in particular one which gives rise to an increase in the number of children attending an existing school, provides an opportunity to raise matters relating to pre-existing highway issues and any perceived escalation of those issues as a result of the proposal, the planning application must be considered in the form it is submitted and any possible impacts must be restricted to those which are material planning considerations. The primary function of this proposal is to construct a two classroom extension to facilitate an increase in the existing PAN from 45 (a 1.5 form entry) to a PAN of 60 (a 2 form entry) with effect from September 2016, which would also provide an additional 17 car parking spaces for staff and authorised visitors only.

17. The proposed extension would ensure sufficient teaching space for the existing number of pupils on the role and the anticipated increase in pupil numbers from September 2016. The building, car parking, access and new entrance have been designed, proposed location, materials, construction method chosen to minimise any impact on surrounding land uses/users. Having regard to the above it is considered that the development is consistent with the NPPF and would neither conflict with nor compromise the aims and objectives of Policies SG9, SG14, SG17 and SG20 of the South Holland Local Plan (2006).

18. The proposed development has been considered against Human Rights implications especially with regard to Article 8 – right to respect for private and family life and Protocol 1, Article 1 – protection of property and balancing the public interest and well – being of the community within these rights and the Council has had due regard to its public sector equality duty under Section 149 of the Equality Act 2010.

RECOMMENDATIONS

That planning permission be granted 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. The development hereby permitted shall be carried out in accordance with the Application form, Design and Access Statement (DC/451/0009), Flood Risk Assessment (1064933-FRA 01), Tree Constraints and Protection Report Ref 573/13/15d, School Travel Plan and the following plans:

 Drawing No: AL (0) 0101 Rev *, Site Location Plan A1, dated April 2015, received 25 June 2015;  Drawing No: AL (0) 0104 Rev *, Proposed Site Plan A0, dated May 2015, received 17 July 2015;  Drawing No: AL (0) 0111Rev *, Proposed Floor Plan A0 Staff Offices Option One, dated May 2015, received 25 June 2015;  Drawing No: AL (0) 0113 Rev *, Proposed roof plan A3, dated June 2015, received 25 June 2015;  Drawing No: AL (0) 0122 Rev *, Classroom Block 03 – Proposed Teaching Extension Elevations A1, dated May 2015, received June 2015;  Drawing No: AL (0) 0123 Rev *, Proposed Staff Room Extension Existing and Proposed Elevations_A1, dated May 2015, received 25 June 2015;  Drawing No: AL (0) 0124 Rev *, Main Entrance Reception Existing and Proposed Elevations, dated May 2015, received June 2015;  Drawing No: 1064933-S-D01, Version P2, Surface Water Drainage Layout, dated 23.06.15, received 25 June 2015;  Drawing No: 1064933-S-D02, Version P2, Foul Water Drainage Layout, dated 23.06.15, received 25 June 2015;  Drawing no: SL2582/2/1, Underground Utilities Survey (Sheet 1 of 2), dated April 2015, received 17 July 2015;  Drawing no: SL2582/2/2, Underground Utilities Survey (Sheet 1 of 2), dated April 2015, received 17 July 2015.

3. The development hereby permitted shall be carried out in strict accordance with the recommendations and mitigation measure set out in the submitted Flood Risk Assessment, received on 25 June 2015 including the finished floor levels being set no lower than those of the existing building and the construction of the new build to follow the general principles set out in the Department of Communities and Local Government report ‘Improving the Flood Performance of New Buildings – Flood Resilient Construction’.

4. Within three months of the new facility/building being brought into use, any areas of the retained playing field that are damaged as a result of the implementation of the development shall be restored to a standard at least equivalent to their condition before the development was commenced.

5. The development hereby permitted shall be carried out in strict accordance Tree Constraints and Protection Report Ref 573/13/15d, received on 25 June 2015. The tree protection measures, set out in the report shall be followed throughout the construction process and the replacement planting shall be undertaken in strict accordance with the report.

Reasons

1. To comply with Section 91 of the Town and Country Planning Act 1990.

2. To define the permission and to ensure the development is in accordance with the approved details.

3. To reduce the impact of flooding on the proposed development.

4. To ensure the retained playing field is available for sports use, and to accord with Development Plan Policy.

5. To protect the local amenity.

Informatives

Attention is drawn to:

(i) Sections 7 and 8 of the Chronically Sick and Disabled Persons Act 1970;

(ii) Design Note 18 “Access for Disabled People to Educational Buildings”, published in 1984 on behalf of the Secretary of State for the Environment, or any prescribed document replacing that note;

(iii) Prior to commencement of any access-works within the public highway you should contact the Divisional Highways Manager on 01522 782070 for application, specification and construction information;

(iv) Lincolnshire County Council – an annual review of the travel plan is required for all County Council Schools and for avoidance of doubt shall be submitted every January: [email protected]; and

(v) In dealing with this application the County Planning Authority has worked with the applicant in a positive and proactive manner by seeking amendments to the application in order to ensure that the development is capable of being supported and accords with the objectives and policies of the Development Plan. This approach ensures the application is handled in a positive way to foster the delivery of sustainable development and is consistent with the requirements of paragraphs 186 and 187 of the National Planning Policy Framework.

Appendix

These are listed below and attached at the back of the report

Appendix A Committee Plan

Background Papers

The following background papers as defined in the Local Government Act 1972 were relied upon in the writing of this report.

Document title Where the document can be viewed

Planning Application File Lincolnshire County Council, Planning, Witham Park H14/0693/15 House, Waterside South, Lincoln

National Planning Policy Communities and Local Government website Framework (2012) www.gov.uk

South Holland Local Plan South Holland District Council website (2006) www.sholland.gov.uk

This report was written by Anne Cant, who can be contacted on 01522 782070 or [email protected]

LINCOLNSHIRE COUNTY COUNCIL PLANNING AND REGULATION COMMITTEE 5 OCTOBER 2015

Temporary  New Site of Application Access Access Site of Application

Proposed Extension

Additional car parking

Footpath

Pinchbeck Prevailing Wind Direction from the south-west  Conservation Area



LINCOLNSHIRE COUNTY COUNCIL Reproduced from the 1996 Os Mapping with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to civil proceedings. OS LICENCE 1000025370

Location: Description: Pinchbeck East CE Primary School To construct a two classroom extension, staffroom Fennell Road extension, construct new reception office, extend Pinchbeck playground, remodel front car park and form a new Application No: H14/0693/15H14/0693/15 parking area with new vehicle access from Knight Street Scale: 1:1500

Regulatory and Other Committee

Open Report on behalf of Richard Wills Executive Director, Environment & Economy

Report to: Planning and Regulation Committee

Date: 5 October 2015

Subject: County Council Development - N57/0495/15

Summary: Planning permission is sought to construct a new two storey building to accommodate vocational education facilities together with external works comprising a new car park and a multi use games area at Lincolnshire Secure Unit, Rookery Avenue, Sleaford. The main issues raised by this planning application are the possible impacts on the residential amenity, on surrounding properties, and in particular the impact of noise and disturbance, loss of privacy, overlooking/overshadowing and light intrusion.

Recommendation: Following consideration of the relevant development plan policies and the comments received through consultation and publicity it is recommended that conditional planning permission be granted.

Background

1. The site of this application was previously used as a Children's Home "Kesteven House". The single and two storey home was built in 1975 and extended in the 1980s. The home had an element of secure accommodation. The building was demolished in September 2008. The adjacent Lincolnshire Secure Unit was opened in March 1997 and provides accommodation for 12 children/young people between the ages of 10 to 18 years. The unit provides secure, professional care and education for these children/young people, within a supportive and nurturing environment.

2. Kesteven House was built in 1975. Since its construction attitudes towards, and practises around, the residential care of children/young people have changed over the intervening years. The building was no longer considered fit for purpose, to meet the needs, requirements and current standards of care. Many young people coming to LSU have poor experiences of the educational system, many have not attended school for long periods of time prior to coming to LSU, to reduce reoffending rates engaging young people in meaningful vocational educational studies will assist them to become productive members of society. At present the Lincolnshire Secure Unit

provides care and education within a secure environment. The care and education provided within the Unit has been rated by Ofsted as "Good". The Vocational Unit would provide purpose built facility to enhance the life skills. This would also be used by students from Pupil Referral Units, throughout Lincolnshire and beyond.

3. This site was chosen due to its location adjoining the Lincolnshire Secure Unit, the land was owned by the County Council and, as noted, was previously used to accommodate a substantial children's which provided an element of secure accommodation. Children/young people accommodated within the LSU will be able to walk the short distance from their "home" to the proposed development. The site needs to be accessible for young people placed at LSU without having to exit the secure perimeter. The ease of moving young people from LSU to this bespoke facility is also fundamental in gaining Grant Funding to enable this facility to be built. It is anticipated that the close physical proximity of the Secure Unit and the proposed Vocational building would enable a close relationship between the both facilities and enable expertise and support to flow between the services provided.

4. The initial proposal was submitted in April 2015, the details are set out below. The proposed development would comprise a new building that would house facilities for providing Vocational Education together with an external multi use games area, an allotment garden, an external area for providing building training and a small car park.

5. The application initially proposed that the building would be located on the southern side of the site, comprising two elements:

 A single storey building with a flat roof providing double height spaces to accommodate a motor vehicle workshop and an area for providing construction skills training. Ancillary accommodation comprising small classrooms, stores and toilets would also be housed in this part of the building.

 An L shaped two storey building with a pitched roof would house a small office and reception, a multi-gym, changing rooms and workshop on the ground floor and rooms for providing training in catering, hairdressing and beauty together with classrooms and stores on the first floor. The south elevation of the workshop was to contain a number of large openings with roller shutter doors. These would allow vehicle access into the motor vehicle workshop and access to the building workshop for the delivery of materials.

6. It was proposed that the facing brick would be a red/ brown multi similar to other buildings in the surrounding area. The building would have a double pitched roof with a steep 50 degree slope and covered in dark grey fibre cement slates.

7. The east elevation of the two storey building was to contain the main entrance doors to the building. This entrance would be used by students from Pupil Referral Units in the Lincolnshire area who would travel to the building by minibus or taxi and access the site from the George Street entrance.

 The north elevation of the two storey building was to contain window openings on ground and first floor levels;  The west elevation of the two storey building was to contain window openings at ground and first floor level; and  The south elevation of the two storey building was to contain a window opening at first floor.

8. There was to be an allotment garden located in the north west corner of the site adjacent to site boundary and existing sports hall. The garden was to be 10m wide x 16.5m long.

9. A multi use games area (MUGA) was to be located next to the allotment garden on the north side of the site between the new building and the site boundary to the north. The MUGA was to be 29.5m long x 16.5m wide. The MUGA would be used by children from the Secure Unit and Pupil Referral Units for playing football and other outdoor sports. The MUGA would be provided with floodlights to allow it to be used during the evenings in the autumn and winter months.

10. A small car park was to be provided in the north east corner of the site accessed from the existing gate at the end of George Street. This car park would provide eight standard parking spaces, one accessible space and two minibus parking spaces. It is intended that this car park would only be used by staff and visitors to the new vocational block, therefore the number of vehicles using this route to access the site would be limited.

11. The overall footprint size of the building was to be 35m long (east to west) x 19.8m wide (north to south). The single storey block was to be 24.5m long x 10.5m wide. The two storey block was to be 9.4m wide and 20.2m long north to south and 29.5m east to west. The top of the parapet of the single storey block was to be 5.9m above external ground level and the eaves of the two storey block 6.3m above external ground. The ridge height would be 12m above external ground level.

12. At its closest point to buildings outside the site boundary the south gable of the two storey block was to be 20.3m away from the outrigger at the back of 180 Grantham Road. Generally the new building was to be approximately 26m from the backs of the houses on Grantham Road, 25.5m from the gable wall of 48 George Street and 29.5m from the rear of 14 Linnet Way. There was to be only one first floor window in the south elevation facing the backs of the houses on Grantham Road. Views from first floor windows in the north facing elevation would be blocked by the line of fir trees on the northern boundary of the site.

Original Proposal

13. However following consideration of the comments/objections received during the consultation/publicity period, in particular those received from the North Kesteven District Council and Sleaford Town Council, the applicant redesigned the scheme. The following paragraphs set out details of the revised scheme and supporting information as set out by the applicant and their agent.

The Application

14. Planning permission is sought to construct a new two storey building to accommodate vocational education facilities together with external works comprising a new car park and a multi use games area (MUGA) at Lincolnshire Secure Unit, Rookery Avenue, Sleaford, Lincolnshire. The applicant has submitted the following information in support of the application.

15. The design and layout of the proposed development has been changed since the original submission in April 2015. The new site layout and design was re-consulted upon in July. The changes were made as a result of the comments received during the initial consultation period. The main changes are set out below:

New Site Plan Layout and Density – the new site layout shows that the site can successfully accommodate the new Vocational Unit and associated external space without negatively impacting on the local environment. Traffic Movement - a turning area has been introduced and located within the site to enable a vehicle, such as a skip loader, to enter the site, turn and exit safely.

Revised Building Design Scale - the overall height of the building has been reduced by approximately 1.8m. This has been achieved by lowering the pitch (from 50 degrees to 45 degrees) and reducing the width of the two storey pitched roof element. Overlooking – first floor windows now only face west (into the site) and north (onto the car-park). No first floor windows look onto the gardens of adjoining residential properties.

Revised Proposal

Vocational Building

16. The building would:

 be constructed in materials to match the existing building – red/brown facing brick and grey tiles;  have a maximum length of 34.5m and a maximum width of 22.5m. One section of the building is single storey flat roof, with a small parapet on top which has an overall height of 5.9m. The other section of the

building is L- shaped, two storey pitched roof construction, 6.3m to the eaves and 10.2m to the ridge;  provide hair and beauty, catering, construction, motor skills teaching areas;  comprise on the ground floor: entrance lobby; waiting lobby; lift and stair case; reception, office and staffroom, staff WC lobby, staff WC; plant room; cleaners store; fitness suite and store; female changing room, female changing lobby, showers and WC; male changing room, male changing lobby, showers and WC; accessible changing, WC and shower; stair case 2 and lobby; building construction practical area with two store rooms, WC and building construction teaching room; motor vehicle workshop with two store rooms, WC and motor vehicle teaching room; and workshop;  comprise on the first floor: staircase, disabled refuge and lobby; dinning/ multi-use room; catering practical area with store room; catering teaching room; server room; hair and beauty practical room with two storerooms; hair and beauty teaching room; stair case 2, disabled refuge and corridor; cleaners store, two WCs and accessible changing, WC and shower room';  have the necessary plant installed in the roof space of two storey section of building with vented dormers and access to the flat roof section of the single storey element.

17. The applicant is proposing that the vocational block, the outside construction area and the garden area are available for use between the following hours:

09:00 – 21:00 Monday to Friday 09:00 – 16:00 Saturday 09:00 – 16:00 Sundays and Bank Holiday Seven days a week, 52 weeks of the year.

18. The applicant has stated that potentially the Vocational Unit would close at 16:30 most days and perhaps earlier at weekends. However, they would request the longer opening hours to give them flexibility in the use of the land and buildings. These facilities would primarily be used by the 12 residents of the Unit and children/young people from Pupil Referral Units within and outside Lincolnshire would be brought to the unit to utilise these facilities.

19. The application has stated that it is their intention that the vocational building could be used by up to 25 members of the public for evening classes. This would require between four and six members of staff. They have indicated that additional parking would be provided within the delivery area outside the Construction Workshop.

Multi Use Games Area

20. Externally:  the site would be enclosed by a 5.2m high security fence, to match the existing fencing. The same type of fencing would be used to separate

the Secure Unit residential accommodation from the new vocational block allowing a greater degree of security, control and flexibility for the use and management of the new facility. A vehicular gate would control access to the workshops;  the MUGA has been set back from the boundaries of the site to lessen any possible impact (visual/noise). The MUGA would be 25m long x 16.5m wide. The MUGA would be used by children from the Secure Unit and Pupil Referral Units for playing football and other outdoor sports. The area would be covered in an artificial surface suitable for multi sports use. It is intended that the MUGA would be provided with floodlights to allow it to be used during the evenings in the autumn and winter months. The time of operation would be limited to 20:00 and the height, luminaire type and location of the floodlights would be carefully designed to prevent light spill into neighbouring properties. Light spill calculations would be provided for the MUGA floodlights at detailed design stage to ensure that the proposed lighting scheme is not disruptive to neighbouring houses. The MUGA would be surrounded on all four sides with 5.2m high weldmesh security fencing matching the type of fencing surrounding the existing secure unit site, with wooden kick boards at the bottom of the fencing. There would be horizontal netting stretched across the top of the MUGA between the fence posts that would prevent balls being thrown or kicked over the perimeter fence.

21. Initially the applicant proposed that the MUGA (Multi Use Game Area) should be available for use from

09:00 to 21:00, seven days a week, 52 weeks of the year.

However the applicant has recently confirmed they would be willing to restrict the hours from

09:00 to 20:00, seven days a week, 52 weeks of the year.

During normal school hours, 09:00 to 16:00 Monday to Friday, the MUGA would also be used by children/young people who would be brought to the site from Pupil Referral Units within and outside Lincolnshire. Outside normal school hours the MUGA (including evenings until 20:00, weekends and school holidays) would be used solely by the 12 residents of the Unit. Although in practice use may be less than the hours requested, these would allow greater flexibility in the use of this facility.

22. However, the applicant has now indicated that they wish the ability to use the MUGA to be available for used by wider community, for example local clubs.

23. The applicant has highlighted that the floodlighting used to illuminate the MUGA would meet the ‘Guidance Notes for the Reduction of Obtrusive Light’, as suggested by the District Council Environmental Health Officer during the initial consultation, and agree to this being imposed as a condition, should planning permission be granted.

Allotment Garden

24. There would be an allotment garden located in the south west corner of the site adjacent to the site boundary with the existing secure unit. It is intended that there would be several poly tunnels located in this area. The allotment would be used for horticultural training.

External Construction Skills Training Area

25. A construction skills training area would be provided on the south east side of the site immediately adjacent to the single storey element of the building which houses the construction skills workshop and teaching area. Teaching in the Construction Skills workshop would mainly involve working by hand, including laying bricks and paving. Access to the external area would be via an external door and roller shutter door on the east elevation of the building. It is intended that the external training area would be covered by a layer of hardcore to allow flexible use and minor excavation/levelling and preparation work to be carried out if required. This external training area would be used to teach pupils to construct brick and block work walls, as well as the laying of block paving.

Parking

26. There would be nine parking spaces, including one disabled space, two LGV spaces (light goods vehicles - mini buses). This would require the removal of two small self seeded trees.

Staff

27. It is anticipated that the accommodation would require the following additional staff:

5 Instructors 5 Learning Support Assistants 1 Deputy Head 1 Business Support/Receptionist (part-time) 1 Cleaner (part-time)

Staff Car-Parking – all of the above staff of the Vocational Unit would park in the new car-park on the site.

Fencing

28. The site would be enclosed by a 5.2m high security fence, to match that which encloses the Secure Unit. The bottom 2.4m of the fence is solid construction of metal, green coated in appearance to match the top section of the fence which is green coated steel mesh. The bottom section provides screening in terms of visual impact, privacy, and reducing noise. The purpose built fence is designed and constructed for use at secure facilities.

Site and Surroundings

29. The Lincolnshire Secure Unit is located to the west of Sleaford Town Centre in a predominantly residential area. The site is located immediately east, adjoining the secure unit complex. Currently the site is unused with areas of hardcore and grass, remnants of the remains of the children's home which previously occupied this land.

30. To the north the site is screened from the residential properties (Linnet Way) beyond by a substantial, well maintained conifer hedge approximately 5m high. A section of the land beyond is used for car parking for the residents and access is gained off Linnet Way. The site access is located on this northern boundary, where there is an existing gated access onto George Street. Beyond the conifer hedge the site boundary is marked by a 2.4m high steel palisade fence, as well as a mix of chain link and wooden fences within the resident's gardens. The nearest residential property is located 9.7m from the boundary of the site.

31. To the east the site is enclosed by a hedge; along most of the boundary the hedge is approximately 2.5m high and well maintained. The nearest residential property, which fronts George Street, is located 5m from the boundary of the site, 18m from the building itself. To the west the Secure Unit is enclosed by a 5.2m high green metal security fence.

32. To the south the boundary of the site is currently marked by a 4m high chain link fence, although one small, section of chain link fencing is approximately 2.4m in height. Within the gardens of the adjoining properties (which front onto Grantham Road) there is a mix of close board wooden fencing and hedging. Two sections of hedging along this boundary are approximately 4m high and well maintained, therefore the existing screening of the site is greater for some properties than others. The nearest residential property is 14.m from the boundary of the site. The proposed garden area would be located close to the boundary of this property. Further to the east, the nearest property to the location of the proposed vocational building (the single storey flat roof element, 5.8m high), is 20.5m from the boundary. The proposed building would be set back 3m from the boundary. In the south eastern corner of the site it is proposed to locate an "Outside construction area". This would be located on the boundary alongside the gardens of the adjoining residential properties. These properties are located 20.3m from this boundary.

Main Planning Considerations

National Guidance

33. The National Planning Policy Framework (March 2012) (NPPF)

 paragraph 72 – development to widen choice in education;  paragraph 73 – access to high quality open spaces and opportunities for sport and recreation;

 paragraph 123 – limit significant impacts on amenity from noise;  paragraph 125 – limit impact of light pollution from artificial light on amenity;  paragraph 186 – LPA should positively approach decision making to deliver sustainable development;  paragraph 187 – LPA should seek solutions rather than problems to provide sustainable development, to secure developments which improve economic, social and environmental conditions of the area;  paragraph 203 – LPA should consider whether otherwise unacceptable development could be acceptable through the use of planning conditions  paragraph 215- compliance of Local Plans with NPPF.

Local Plan Context

34. North Kesteven Local Plan (2007) – the following policies are of particular relevance to this application:

Policy C1 - Development Within Settlement Curtilages

Planning permission will be granted for development proposals within settlement curtilages (as shown on the Proposals Map), provided that they:

1. Will not adversely affect the character or appearance of the area; 2. Will not increase the pressure for similar development that would collectively cause adverse effects; and 3. Are in keeping with the provisions of the locational strategy.

Policy C5 - Effects Upon Amenities

Planning permission will be granted for proposals, provided that they will not adversely affect the amenities enjoyed by other land users to an unacceptable degree.

Policy C18 – Design

Planning permission will be granted for development, only if it will:

1. Reinforce local identity; and 2. Not adversely affect the character or appearance of its surroundings; and 3. Existing site features that contribute positively to the character or appearance of the area are retained, and satisfactorily incorporated into the design; 4. The proposal responds satisfactorily to its context in terms of its layout, scale, massing, height, density, detailing, external appearance, and the use of materials, and 5. The proposal has a cohesive character, and adds interest and vitality to its surroundings.

Policy C22 – External Lighting Schemes

Planning permission will be granted for proposals which include a scheme of external lighting, only if the proposed lighting scheme:

1. Will not compromise highway safety; 2. Will not adversely affect the amenities of nearby land-users; and 3. Will not adversely affect the character of the area.

Where it is necessary to safeguard amenity or to prevent the wasteful use of energy resources, conditions will be attached to planning permissions requiring lights not required for safety or security to be extinguished at an appropriate curfew time.

Results of Consultation and Publicity

35. (a) Sleaford Town Council - has raised the following concerns on behalf of neighbours:

Overdevelopment of this site in a residential area Loss of privacy Overbearing nature of proposal Layout and density Noise and disturbance Cumulative impact.

(b) Local County Council Member, Councillor A Hagues – consulted on the 17 April 2015 on the original proposal and 14 July 2015 on the revised details but had not replied.

(c) Environmental Health Officer (North Kesteven District Council) – has offered the following comments/recommendations:

MUGA ‐ Noise  Could an acoustic fence be erected to help reduce noise breakout to the north and east of the site?  Recommend that a condition is imposed limiting the hours of use of the MUGA to 08:00 ‐ 20:00 Mondays to Fridays and no use at weekends or bank holidays, to help reduce the potential for an adverse amenity impact in relation to noise.

MUGA ‐ Floodlights  recommend that a condition is imposed requiring that, prior to the MUGA being brought into use, the applicant must submit for written approval a lighting scheme to protect residential amenity:

Noise (from plant/ventilation units)  recommend that a condition be imposed setting limits on the level of sound which could be emitted from plant/machinery, during certain

hours. This condition should also include measure to deal with complaints should they arise, to protect residential amenity.

(d) Highways and Lead Local Flood Authority (Lincolnshire County Council) - no objection. It is considered by the Highway Authority that the proposed development will not be detrimental to highway safety or traffic capacity.

(e) Witham 1st Internal Drainage Board – raised no objections to the proposal.

36. The application has been publicised by three site notices posted around the site and 12 letters of notification were sent to the nearest residential properties. Two emails from one local resident, and one letter on behalf of another local resident, have been received as a result of this consultation. They object to the proposal, their objections/concerns/comments are summarised below:

Noise and disturbance  current issues with noise, shouting and swearing from the site will significantly increase if permission for the MUGA is granted;  incidents of objects being thrown over the fences into gardens will increase;  risk of children/young people climbing the fence into neighbouring gardens. This has happened in the past.

Hours of Operation  the proposal to use the MUGA until 21:00 is excessive and will result in unreasonable disturbance to local resident – surely this use should be limited to a more reasonable time of 18:00;  Why should the use of the outdoor multi games use area be permitted until 21:00, when Sleaford Cricket Club have been restricted in using their nets at 20:00 to prevent disturbance to local residents?

Reduction in value of properties  this development, in particular the MUGA and the construction of the building so close the residential properties will reduce the value of the properties – to the determent of the home owners and their children.

Loss of Privacy  there will be a significant loss of privacy to the houses and their gardens.

Visual Impact  the negative visual impact of the large metal fence, will spoil the enjoyment of the garden.

Over development/inappropriate use  this proposal is contrary to assurance given previously that the facility would not be extended, in relation to building works and numbers of children/young people within the unit. This is a high density residential area and the transport of additional personnel in to this area to use these facilities is totally unsuitable.

District Council’s Observations

37. North Kesteven District Council objects to the proposed development on the grounds of the unacceptable loss of the existing residential amenities enjoyed by the residents of the existing dwellings on George Street, Grantham Road and Linnet Way in terms ot the additional noise and distrurbance from the proposed use of the building and external areas.

Conclusions

38. This proposal would provide a valuable facility for the children/young people within the Secure Unit, as well as children/young people from Pupil Referral Units. The design and nature of this facility dictates that the number of children/young people using the facility would be limited. The vocational unit has a maximum capacity of 12 pupils per area, with a maximum capacity of 48 at any one time – due to the limited size of classrooms/workshops. Similarly, use of the MUGA is restricted by its size 25m long and 16.5m wide (the minimum recommended size for a five a side football pitch is 29.5m by 16.5m. The Vocational Unit would provide a learning experience which would enable these children/ young people to learn life skills in a suitable environment. This would not only help their personal development but would also improve their prospects for future employment. The MUGA would provide a sports/ recreational facility which would improve physical wellbeing and social interaction. There is no doubt that the construction of the building and MUGA would have an impact on the surrounding area. It is clear that certain operations would need to be carefully controlled to ensure the residents of the area can enjoy an acceptable level of amenity. This is particularly so with regard to those activities which are likely to introduce variable noise levels in the area. It is therefore necessary to carefully consider the weight to be given to benefits and disadvantages of the proposal, having regard to the development plan and the relevant material consideration.

Development Plan

39. The main thrust of the policies of the North Kesteven Local Plan and the National Planning Policy Framework is to support the provision of sustainable development provided its impacts would not result in unacceptable harm to the amenity other land uses/users – in this instance the local residents surrounding the site, could reasonably expect to enjoy. Local Plan Policy C1 and C18 support development within settlement which will not adversely affect character or appearance of the area. The aim is to ensure development is in keeping in terms of scale, massing, height, layout,

external appearance and materials. Policy C5 supports development, which would not adversely affect the amenities enjoyed by other land users to an unacceptable degree. The supporting text of Policy C5 – Effects Upon Amenities – is of particular relevance when evaluating this proposal it notes that all development will have some form of impact upon nearby people, premises and land. Development may: reduce the privacy enjoyed by the occupiers of an existing home; ...create dust, fumes, noise, smell or vibration that may be incompatible with nearby homes, …or generate a level of traffic that causes disturbance to others. It is not the role of the planning system to protect the private interests of one person against the activities of another, and thus minor impacts will not normally provide a justification for planning permission to be refused. However, good neighbourliness and fairness are among the yardsticks against which development proposals can be measured, and some potential impacts may be considered unreasonable or unacceptable. In these circumstances it would not be in the public interest for development to be permitted. Where proposals would have undesirable harmful effects Local Planning Authorities will seek to reduce impacts to an acceptable level, or will apply conditions to mitigate harm. In this case to ensure the development does not conflict with Development Plan policies the conifer hedge should be retained in full which the applicant now proposes to retain. Any planning permission granted should include a condition requiring the hedge to be retained and the provision of a scheme to ensure the hedge is protected during the construction period. With the retention of the hedge and the other amendments to the scheme it is considered the application does not conflict with the requirements of Policies C5 and C18.

40. Whist Policy C22 provides support to developments which have been submitted with suitable scheme for external lighting, that is, proposal which do not compromise highway safety or adversely affect the character of the area or the amenities of nearby land users. No scheme was submitted in support of this application. However, the applicant is aware of the need, and has agreed to submit, a suitable scheme pursuant to a condition should planning permission be granted. Policy C22 also highlights the positive use of conditions to safeguard amenity, by requiring lighting (not used for security or safety) to be extinguished at an appropriate curfew time. The Justification to Policy C22 – External Lighting Schemes is of relevance when evaluating this policy outlines that although external lighting can be an essential part of many developments, for safety/security reasons/ visual effect, it can also have negative impacts. Poor design can have a significant harmful impact on the amenities of those living in the area. The justification to this Policy sets out guidelines to ensure that lighting scheme are acceptable. The justification acknowledges that it may be appropriate in some circumstances to safeguard amenity by the imposition of conditions to ensure that lighting schemes are turned off at a particular time. Paragraph 125 of the NPPF indicates that the impact of light pollution can be mitigated through good design. Similarly paragraph 123 seeks to support LPA in preventing developments which generate noise resulting in significant impacts on health and quality of life but also notes that LPA should seek to mitigate and reduce to a minimum other adverse impacts on health and

quality of life arising from noise from new developments, including through the use of conditions.

41. The NPPF makes it clear that LPAs have a duty to play a proactive role in meeting the needs of existing communities in the provision of education (paragraph 72), whilst paragraph 73 highlights that access to sports and recreation can make an important contribution to the health and wellbeing of communities. The NPPF encourages LPA to look for positive solutions rather than problems (paragraph 187) and paragraph 203 states that otherwise unacceptable development can be made acceptable through the use of conditions.

Elevations

42. To assess the significance of the potential impacts, and to consider possible mitigation measure, it is logical to look at the proposal from each elevation, as it could affect the residential properties, to the north, east and south.

West Elevation  To the west of the proposed development is the existing two storey secure unit. The unit is enclosed by a 5.2m high green security fence – the bottom section of this fence (2.5m) provides screening from outside of the unit, this base section is a solid screen (typically constructed in plastic or concrete). Therefore this elevation would not have any impact on the amenity of this area.

North Elevation  To the north of the proposed development is a row of relatively new terraced houses with relatively small gardens (less than 10m in length). The MUGA would be located 15m from the boundary of the nearest property and 24m from the house itself. The two storey building (which measures 6.8m to the eaves and 10m to the ridge) would be located 9.5m from the boundary and 19.2m from the nearest residential property. On the elevation which would face these properties there are a few windows on the upper floor of the building. Those closest to the nearest property are windows in a stairwell. Therefore views from these windows would be brief and in transit. There are also classroom windows on this elevation (one in the hair and beauty teaching room and two in the hair and beauty practical room). These would look out onto the proposed mini bus parking area, the 5.9m high security fence (which is 8.5m from the elevation with the windows), beyond is a resident's car parking area, accessed from Linnet Way. The boundary of the nearest residential property is 9.3m from the boundary of the site, and from building to building it would be 16.5m. The elevation with the windows would face the gable end of this residential property, given the distance, intervening uses and fencing, any impact would not be of a level justifying the refusal of planning permission. It should also be noted that on this elevation, there are two vented dormers providing ventilation for the plant located in the roof space. These properties are screened by the existing mature

conifer hedge. Again, given the distances involved it is considered unlikely that, subject to the imposition of relevant conditions, this element of the proposal would have a significant negative impact on residential amenity by virtue of noise and/or loss of privacy. In considering the potential impacts of the MUGA consideration needs to be given to the current use of the adjacent Secure Unit and the ability to mitigate negative impact through conditions, thereby reducing the impacts to an acceptable level. Councillors may note that no objections were received from these properties. In view of the design and layout of the site and subject to the imposition of conditions to control negative impacts, ensuring the proposal is undertaken in accordance with the submitted details, limitations on the opening hours, limitations on the use of the MUGA and the Vocational Building it is considered that the proposal would not adversely affect the amenities enjoyed by local residents to an unacceptable degree.

East Elevation  To the east of the proposed development are residential properties fronting George Street. These are older, terraced properties with substantial gardens (over 20m in length). The nearest of these is located only 2.5m from the boundary of the site. The gable end of the proposed two storey building (6.8m to the eaves and 10m to the ridge) is located 12m west of the site boundary and 14.5m from the gable end of this property. The development along this boundary comprises the gated access to the proposed vocational unit and MUGA, there is also a delivery and turning area as well as an outside construction area. It should be noted that the MUGA would be located some 39m from the boundary with this property, behind the single and two storey buildings. With regard to the possible impacts of the MUGA – noise and light pollution – it is considered that the location and intervening building would limit the possible impacts. In assessing the impact consideration has to be given to the current use of the adjacent Secure Unit and the ability to mitigate negative impact through conditions, thereby reducing the impacts to an acceptable level. The motor vehicle/construction workshops, part of the single storey (5.8m high) element of this proposed building, face onto this boundary and are accessed by door and by roller shutters. The building is set back some 13m from the boundary with the nearest property. There are no windows which would overlook this property on this elevation. There are two vented dormers set in the roof space of the two storey building, beyond the single storey element over 28m from this boundary. Due to the design and layout of the building there would be no loss of privacy through overlooking. However, it is considered that the use of the delivery and turning area and the uses of the motor/construction workshops and outside construction area could give rise to unacceptable disturbance arising from noise unless conditions, limiting hours of operation, the scale and level of activity are imposed. No objections were received as a result of this publicity/consultation from the properties fronting George Street.

South Elevation  To the south of the proposed development are large, semi-detached properties with long gardens (an average of 19m in length) which back onto the site, fronting Grantham Road. The MUGA would be located 7m from the adjoining boundary and 21m from the nearest property. The gable end of the two storey element (6.8m to the eaves, 10m to the ridge) of the proposal would be set back 7.5m from the boundary and 27.5m from the nearest property. The single storey building would be located 3m from the boundary and 24m from the house. Whist the external construction skills training area, used for the construction of walls and laying of pavements, some minor excavation works and levelling, would be located on the southern boundary. Due to the design and layout of the proposed building there are no windows which would overlook these properties, nor are there are vented dormers facing towards these houses and gardens. With regard to the possible impacts of the MUGA – noise and light pollution – it is considered that some weight has to be given the current use of the adjacent Secure Unit and the ability to mitigate negative impact through conditions, thereby reducing the impacts to an acceptable level. Objections were received from/on behalf of two of the owners/occupiers of these properties. Whilst is it clear there would be no loss of privacy to these properties there is a possibility, with particular regard to the proximity of the outside construction area, that the proposal could give rise to unacceptable disturbance arising from noise unless conditions are imposed limiting the hours of operation, restricting the use and restriction on noise levels.

Noise and Disturbance

43. The North Kesteven District Council and local residents have raised objections to the proposal on the grounds that, noise and disturbance from the proposal would lead to an unacceptable loss of residential amenity to the surrounding properties. The North Kesteven District Council Environmental Health Officer raised concerns with regard to the impact of noise (from the use of the MUGA and of plant and machinery used in the Vocational Unit) as did the Sleaford Town Council. The applicant has highlighted several factor which would restrict the impact of this proposal in terms of noise and disturbance. These factors would ensure that level of impact would not result in an unacceptable loss of amenity that local residents could reasonably except to enjoy. These are:

 the scale of the use of the existing Secure Unit, and the proposed level of use of the Vocational Building, the MUGA and outside spaces. The Secure Unit accommodates only 12 children/young people who live within the Unit, these children/young people currently can be outside between 09:00 and 21:00, seven days a week, 52 weeks per year (weather and behaviour dependant). A typical day would end with children/young people being in the Unit from 20:00 to have supper and prepare for bed.

 the use of the Vocational Unit is limited and group sizes would be restricted to a maximum of 12 pupils per area (Construction / Motor Vehicles / Hair & Beauty / Catering / PE) with a maximum of 48 pupils on site at any one time.

 equipment used in the motor vehicle workshops would include a variety of air tools, diagnostics and tracking equipment. It would be possible for equipment to be operated with the shutters down and that exhaust cups could be used to remove fumes from the workshops when required. If necessary plant equipment and extract vents could be attenuated to restrict noise to acceptable dB levels.

 teaching in the Construction Skills workshop would mainly involve working by hand, including laying bricks and paving.

 most ventilation plant was to be located within the building with the exception of a small number of air conditioning chiller units that where to be located on the flat roof behind the parapet.

 there would be extract and intake louvres in the gable ends of the two storey block and cowls on the flat roof but these would not generate any significant noise.

 vehicular use of the access road on the south side of the building would be relatively light and the number of vehicles using the new car park would be small. Most students from Pupil Referral Units would travel to and from the vocational block by minibus. Some students would be brought to the facility by taxi.

 Should planning permission be granted the contractor would be required to have a ‘Considerate Contractor’ scheme in place which would help to protect residents against any undue noise during the construction process.

Hours of Operation

44. Concerns have been raised by the Environmental Health Officer, the Town Council and local residents regarding the proposed hours of operation, these specifically relate to the use of the MUGA. The use of the MUGA would be as follows:-

 during school hours 09:00 – 16:00 by children/young people from the Secure Unit and Pupil Referral Units; and

 outside of normal school hours only by Secure Unit residents. There are only 12 residential spaces in the unit so the number of children/young people these factors would result in any impact of MUGA in the evenings or on the weekends being relatively small. Conditions could be imposed restricting the hours when the MUGA can be used and, restricting the

use to residents of the Secure Unit and the pupils of the Referral Units – during term time from 09:00 to 16:00 Monday to Friday and restricting the use outside these hours - in the evenings, weekends and holidays, to residents of the Secure Unit.

45. Subject to the imposition of conditions, to restrict the hours of operation to prevent the MUGA being used in the evening after 20:00, and limited times at the weekends would limit the impact on the residential amenity of the area. Whilst it is considered that some limitation of the use of the site is necessary to protect the amenity of local residents, this must also be balanced with the needs of the children/young people that would use the site. As noted the proposal, set out in this application, noted that there would be a limited number of children/young people that would use the site, in evenings and at weekends. It is also relevant that these young people can be outside in the adjacent secure unit up until 21:00, seven day a week, 52 weeks per year at present. It is considered that subject to these conditions restricting times of use and limiting its use to pupils at the secure unit and from pupil referral units this would reduce the impact on residential amenity to an acceptable level.

Visual Impact, Design, Layout, overbearing nature of proposal

46. Concerns and objections have been raised by local residents and the Town Council, that the proposal would lead an unacceptable visual impact upon neighbouring properties and gardens. As noted the proposal has been re- designed, the scale of the building reduce, the location of the build altered and materials chosen to ensure the visual impact, of this proposed building, on surrounding properties should be minimal. It should also be noted that the green security fencing, identical to that which abuts the properties along the boundary of the Secure Unit, would provide some screening to the building. It is considered that the changes made and the cover provided would limit the impact.

Over development/inappropriate use

47. Local Residents raised concerns and objections, and these concerns were reflected in the comments of the Town Council, development on this site would lead to an over development of the land and, within this residential area, this type of use is inappropriate. As noted the site was formally used as a residential children's home, which comprised some secure accommodation, within a substantial single and two storey building, this building was demolished in 2008. The site adjoins the existing Lincolnshire Secure Unit which was opened in 1997 and would be used to improve and develop the life skills of the children/young people who are resident in the adjoin unit, as well as benefiting a limited number of other children/young please from Pupil Referral Units. It is considered, having regard to the history of the site, the adjoining use, the scale of the proposed development that the use is not inappropriate nor would it result in the over development of the site.

Floodlighting MUGA

48. The EHO raised concern regarding the installation of floodlighting in connection with the MUGA. No details, relating to this proposal were submitted in support of the application. It is therefore considered vital that conditions be imposed, in line with those requested by the EHO, to require the applicant to submitted details of the proposed lighting for written approval, prior to the MUGA being brought into use to protect residential amenity. Subject to the conditions being imposed it is considered that the impacts of the floodlighting could be mitigated to an acceptable level, ensuring that there would be no significant loss to residential amenity.

Conclusion

49. Having regard to the above it is considered that the proposal would have an impact on surrounding land uses. However, subject to the imposition of conditions that mitigate against the negative impacts, the proposal would not result in unacceptable harm to the amenity of the area nor of local residents.

50. The proposed development has been considered against Human Rights implications especially with regard to Article 8 – right to respect for private and family life and Protocol 1, Article 1 – protection of property and balancing the public interest and well – being of the community within these rights and the Council has had due regard to its public sector equality duty under Section 149 of the Equality Act 2010.

RECOMMENDATIONS

1. The development shall be begun no later than the expiration of three years beginning with the date of this permission. Written notification of the date of commencement of development shall be sent to the County Planning Authority within seven days of commencement.

2. The development hereby permitted shall be carried out in accordance with the following documents and plans or where modified by the conditions attached to this planning permission or details subsequently approved pursuant to those conditions. The approved documents and plans are as follows:

 Proposed site plan, LincsVoc_A14 Rev P4, dated 3 July 2015, received 3 July 2015  Proposed ground floor plan, LincsVoc_A04 Rev P4, dated 3 July 2015, received 3 July 2015  Proposed first floor plan, LincsVoc_A05 Rev P4, dated 3 July 2015, received 3 July 2015  Proposed East Elevation, LincsVoc_A06 Rev P4, dated 3 July 2015, received 3 July 2015  Proposed South Elevation, LincsVoc_A07 Rev P4, dated 3 July 2015, received 3 July 2015

 Proposed West Elevation, LincsVoc_A08 Rev P4, dated 3 July 2015, received 3 July 2015  Proposed North Elevation, LincsVoc_A09 Rev P4, dated 3 July 2015, received 3 July 2015  Proposed Section AA, LincsVoc_A10 Rev P4, dated 3 July 2015, received 3 July 2015  Proposed Section BB, LincsVoc_A11 Rev P4, dated 3 July 2015, received 3 July 2015  Proposed Roof Void Plan, LincsVoc_A12 Rev P4, dated 3 July 2015, received 3 July 2015  Proposed Roof Plan, LincsVoc_A13 Rev P4, dated 3 July 2015, received 3 July 2015 and  Site Proposed Drawing, LINCSVOC_A15 Rev 3 received 23 September 2015.

3. The length of conifer hedgerow along the northern boundary of the site shown on Drawing number LINCSVOC_A15 Rev 3, shall be retained and protected for the duration of the development and none of this hedgerow shall be removed, damaged or destroyed, uprooted without the prior written consent of the County Planning Authority.

4. No development shall commence until a scheme, setting out how the conifer hedge identified in Condition 3, is to be protected during the construction works, has been submitted for the written approval of the County Planning Authority. The scheme as approved shall be implemented in full.

5. The external materials to be used in the construction of the development hereby approved shall be as specified on the approved plans listed in Condition 1.

6. The Multi Use Games Area, hereby approved shall only be used by the occupants of the Lincolnshire Secure Unit and the students from Pupil Referral Units during the following times:-

09:00 to 16:00 hours Monday to Friday - During School Term Time

The Multi Use Games Area, hereby approved shall only be used by the occupants of the Lincolnshire Secure Unit during the following times:

16:00 to 20:00 hours Monday to Friday 09:00 to 13:00 Saturday 09:00 to 13:00 Sunday, Bank or Public Holidays

Floodlights shall be turned off within 15 minutes of 20:00 hours Monday to Friday and not used during weekends, Bank or Public Holidays.

7. Prior to the MUGA being brought into use a lighting scheme shall be submitted to and approved in writing by the County Planning Authority. The applicant shall provide the following information: a contour map overlaid on a plan of the location illustrating lighting column layout, predicted

performance and associate spillage including beyond the site boundary, sky glow and glare. These details shall meet the requirements set out in "Guidance Notes for the Reduction of Light Pollution" published by the Institute of Lighting Engineers.

8. Each floodlight must be aligned and retained in a position to ensure the upper limit of the main beam does not exceed 70 degrees from its downward vertical.

9. Within one month of the installation of the floodlights they shall be inspected by a qualified engineer in liaison with the County Planning Authority and any defects identified shall be rectified within one month of the inspection.

10. The Vocational Block, Outside Construction Area and Garden Area shall only be used by occupants of the Lincolnshire Secure Unit and students from Pupil Referral Units during the following hours:

09:00 – 18:00 Monday to Friday 09:00 – 13:00 Saturday

and not on Sunday, Bank or Public Holidays.

11. The rating level of sound emitted from any plant and/or fixed machinery associated with the development (the cumulative level) shall not exceed background sound levels by more than 5dB(A) between the hours of 07:00‐ 23:00 (taken as a 15 minute LA90 at the nearest sound sensitive premises) and shall not exceed the background sound level between 23:00‐07:00 (taken as a 15 minute LA90 at the nearest sound sensitive premises). All measurements shall be made in accordance with the methodology of BS4142:2014 (Methods for rating and assessing industrial and commercial sound) and/or its subsequent amendments.

Where access to the nearest sound sensitive property is not possible, measurements shall be undertaken at an appropriate location and corrected to establish the noise levels at the nearest sound sensitive property. Any deviations from the LA90 time interval stipulated above shall be agreed in writing with the local planning authority.

At the reasonable request of, and following a complaint to, the County Planning Authority, the owner of the development shall instruct a competent person to measure and assess at their expense the level of noise being emitted. The measurements shall be in accordance with the above and a report shall be provided to the County Planning Authority for assessment.

12. Notwithstanding the hours of operation set out in Condition 8, no deliveries, removal operations, activities involving power tools outside of the building or in the outside training construction area or manoeuvring of motor vehicles within the rear yard area shall take pace outside of the following hours:

Monday to Friday 09:00 hours to 18:00 hours Saturday 09:00 hours to 13:00 hours And not on Sunday, Bank or Public Holidays.

13. Notwithstanding the provision of Condition 10 no power tools shall be operated in the outside construction training area until a noise assessment, specifying those power tools to be used and the mitigation measures, have been submitted and approved in writing by the County Planning Authority. Those mitigation measures which are approved shall be implemented in their entirety prior to the use of those power tools specified can be commenced.

14. Prior to the building being brought into use, details shall be submitted to and subject to approval in writing by the County Planning Authority of all external ventilation and extraction equipment. Such scheme as approved shall be implemented in its entirety prior to the use commencing and shall thereafter be so retained.

15. The doors to the motor mechanics shop, plant room and construction workshop areas shall remain closed when power tools are in use within those areas.

16. No system of public address, loudspeaker system or amplified music shall be operated within the yard/canopied area nor outside of the building.

17. No maintenance, cleaning, repair, display or sale of motor vehicles shall take place within the application site for commercial purposes.

18. Prior to either the construction of the outside construction training area or the development being brought into use, details of noise attenuation measures for the construction area shall be subject to prior written approval of the County Planning Authority.

19. Prior to the construction of the outside construction training area details of the drainage and construction of the area shall be subject for the written approval of the County Planning Authority. Such details shall include how potential oil and chemical spills from vehicles would be dealt with and prevented from entering the surface water drainage system. The scheme as approved shall be implemented in its entirety.

20. No oil or chemicals shall be stored in the outside construction area.

21. Prior to the use of the outside construction area commencing for construction related uses, a dust and particulate report and any mitigation measure required, should be submitted to the County Planning Authority for written approval. The approved scheme shall be implemented in their entirety for the duration of the development.

22. Prior to the development being brought into use, exterior lighting units shall be installed in accordance with details agreed in writing by the County Planning Authority prior to the building being occupied. The angle of the lighting units shall be tested (at the end of the first three months of the Vocational Centre’s operation) during the hours of darkness and the units re-angled, if required, to minimise light spillage.

Reasons

1. Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2. To ensure the development is undertaken in accordance with the approved details.

3, 4 & 5 In the interest of visual amenity.

6 to 22 In the interests of residential amenity.

Informative

In dealing with this application the County Planning Authority has worked with the applicant in a positive and proactive manner by seeking amendments to the application in order to ensure that the development is capable of being supported and accords with the objectives and policies of the Development Plan. This approach ensures the application is handled in a positive way to foster the delivery of sustainable development and is consistent with the requirements of paragraphs 186 and 187 of the National Planning Policy Framework.

Appendix

These are listed below and attached at the back of the report

Appendix A Committee Plan

Background Papers

The following background papers as defined in the Local Government Act 1972 were relied upon in the writing of this report.

Document title Where the document can be viewed

Planning Application File Lincolnshire County Council, Planning, Witham Park N57/0495/15 House, Waterside South, Lincoln

National Planning Policy Communities and Local Government website Framework (2012) www.gov.uk

North Kesteven Local North Kesteven District Council website Plan (2007) www.n-kesteven.gov.uk

This report was written by Anne Cant, who can be contacted on 01522 782070 or [email protected]

LINCOLNSHIRE COUNTY COUNCIL PLANNING AND REGULATION COMMITTEE 5 OCTOBER 2015 

Access Conifer hedge Two Storey

Site of Application Outside Construction Area

Multi-use Single Storey Games Area

Extensions Prevailing Wind Direction from the south-west  Extensions Additional Car Parking

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LINCOLNSHIRE COUNTY COUNCIL Reproduced from the 1996 Os Mapping with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to civil proceedings. OS LICENCE 1000025370

Location: Description: Lincolnshire Secure Unit For the construction of a new two storey building to Rookery Avenue accommodate vocational education facilities together Sleaford external works comprising a new car park and a Application No: N57/0495/15N57/0495/15 multi-use games area Scale: 1:1250