(Public Pack)Agenda Document for Development Control Committee

AGENDA

For a meeting of the DEVELOPMENT CONTROL COMMITTEE to be held on TUESDAY, 9 FEBRUARY 2016 at 1.00 PM in the COUNCIL CHAMBER - COUNCIL OFFICES, ST. PETER'S HILL, GRANTHAM. NG31 6PZ Beverly Agass, Chief Executive

Committee Councillor Barry Dobson, Councillor Mike Exton, Councillor Members: Mrs Rosemary Kaberry-Brown, Councillor Michael King, Councillor Charmaine Morgan, Councillor Helen Powell, Councillor Robert Reid, Councillor Nick Robins, Councillor Jacky Smith (Vice-Chairman), Councillor Mrs Judy Smith, Councillor Judy Stevens, Councillor Adam Stokes, Councillor Ian Stokes, Councillor Brian Sumner, Councillor Mrs Brenda Sumner, Councillor Martin Wilkins (Chairman) and Councillor Rosemary H Woolley

Committee Support Jo Toomey Tel: 01476 40 60 80 (Ext. 6152) Officer: E-mail: [email protected]

(PLEASE NOTE THAT THERE WILL BE A COMFORT BREAK AT 3.00PM FOR TEN MINUTES)

Members of the Committee are invited to attend the above meeting to consider the items of business listed below.

1. MEMBERSHIP

The Chief Executive to notify the Committee of any substitute members

2. APOLOGIES FOR ABSENCE

3. DISCLOSURE OF INTERESTS

Members are asked to disclose any interests in matters for consideration at the meeting 4. MINUTES OF THE MEETING HELD ON 12 JANUARY 2016

(Enclosure)

5. PLANNING MATTERS

To consider applications received for the grant of planning permission – reports prepared by the Case Officer. (Enclosure)

The anticipated order of consideration is as shown on the agenda, but this may be subject to change, at the discretion of the Chairman of the Committee.

(1) Application ref: S15/2828 Description: Erection of 31 no. dwellings (affordable units) along with associated roads, footpaths and infrastructure Location: Land off Caunt Road, Grantham

(2) Application ref: S15/2537 Description: Change of use of land for straw storage and the installation of a mobile weighbridge and welfare facilities Location: Former RAF Fulbeck Airfield, Stragglethorpe Lane, Fulbeck, Lincs

(3) Application ref: S15/2846 Description: Application to vary condition 9 (parking provision) of permission S12/1562 Location: High Lodge, Casterton Road, Stamford, Lincolnshire, PE9 2YL

(4) Application ref: S14/2953 Description: Residential development of 227 dwellings, public open space, play area, associated infrastructure including highway and pedestrian facilities and drainage infrastructure Location: Land north of 372-400 Dysart Road, Grantham

(5) Application ref: S15/3052 Description: Variation of conditions 11 and 12 of planning permission S13/3167 to provide rumble strip at site entrance and to adjust Leap and footpath levels and provide additional 1.8m high screening fence to site's southern boundary and revised landscaping Location: Lincoln Road, Stamford, PE9 1SH

(6) Application ref: S15/3266 Description: Fell lime tree Location: 31 Allen Close, Billingborough, Lincolnshire, NG34 0PZ

6. ANY OTHER BUSINESS, WHICH THE CHAIRMAN, BY REASON OF SPECIAL CIRCUMSTANCES, DECIDES IS URGENT PUBLIC SPEAKING

Anyone who would like to speak at the meeting should notify the Committee administrator one working day before the time of the meeting. The deadline by which you must notify us for the 2014/15 meetings are:

Meeting Date Notification Deadline Tuesday 9 February 2016, 1pm Monday 8 February 2016, 1pm Tuesday 8 March 2016, 1pm Monday 7 March 2016, 1pm Tuesday 5 April 2016, 1pm Monday 4 April 2016, 1pm

If you would like to include photographs or other information as part of your presentation to the Committee, please send the information in an electronic format (e-mail with attachments, memory stick or disc) to the relevant case officer at least one working day before the meeting. If you are submitting hard copy information, please send it to the relevant case officer at least two working days before the meeting.

All speakers are at the Committee Chairman’s (or Vice-Chairman’s) discretion. Each person is allowed to speak for 3 minutes. Members of the Council are allowed to speak for 5 minutes in accordance with Council Procedure Rules.

Only one speaker for the applicant or the town and parish council will be allowed to speak. If there are several supporters or objectors to an application, they are encouraged to appoint a representative to present a joint case.

Development Control Committee members are able to ask questions about speakers’ presentations. There is a time limit of 10 minutes for each speaker.

ORDER OF PROCEEDINGS

1. Short introductory presentation by the case officer 2. Speakers (Committee members will ask questions after each speaker) a. District Councillors who are not Committee members b. Representative from town/parish council c. Objectors to an application d. Supporters of an application e. The applicant or agent for the applicant 3. Debate – Councillors will discuss the application and make proposals 4. Vote – the Committee will vote to agree its decision Agenda Item 4

MINUTES DEVELOPMENT CONTROL COMMITTEE TUESDAY, 12 JANUARY 2016

COMMITTEE MEMBERS PRESENT

Councillor Mrs Pam Bosworth Councillor Mrs Judy Smith Councillor Mike Exton Councillor Judy Stevens Councillor Mrs Rosemary Kaberry-Brown Councillor Brian Sumner Councillor Michael King Councillor Mrs Brenda Sumner Councillor Robert Reid Councillor Martin Wilkins (Chairman) Councillor Nick Robins Councillor Rosemary H Woolley Councillor Jacky Smith (Vice-Chairman)

OFFICERS OTHER MEMBERS

Business Manager, Development and Councillor Breda Griffin Implementation (Sylvia Bland) Planning Officers (Alan Harvey, Abiola In accordance with Article 9.1.9 of the Labisi, Phil Moore) Council’s Constitution, Councillor Griffin Legal Officer (Colin Meadowcroft) spoke in connection with applications Principal Democracy Officer (Jo Toomey) S15/2802 and S15/2726

64. MEMBERSHIP

The Committee was notified that under Regulation 13 of the Local Government (Committees and Political Groups) Regulations 1990, notice had been received appointing: Councillor Mrs Pam Bosworth for Councillor Barry Dobson.

65. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Morgan, Powell, Adam Stokes and Ian Stokes.

66. DISCLOSURE OF INTERESTS

Councillor Exton stated that he had been lobbied on application S15/2802 but approached consideration of the application with an open mind.

Page - 4 1 67. MINUTES OF THE MEETING HELD ON 8 DECEMBER 2015

The minutes of the meeting held on 8 December 2015 were agreed as a correct record.

13:05 – Councillor Stevens entered the meeting

68. PLANNING MATTERS

(1) Application ref: S14/3097 Description: Outline application (with details of vehicular access(es) off Station Road) in respect of up to 85 residential dwellings; 80 sq m Community Shop (Use Class A1); the provision of landscaping and open space; new internal highways; car and cycle parking; sustainable drainage measures, including storage pond for surface water attenuation; provision of utilities infrastructure; and associated ancillary works including demolition of buildings Location: The Old Quarry, Station Road, Castle Bytham

Decision:

To grant the application subject to the completion of a Section 106 Agreement

Noting comments made during the public speaking session by:

Castle Bytham Parish Councillor Vicky Dennis Council Against Yvonne Hamblin Harry Bakker For Peter Hinton Applicant’s Agent Peter Frampton

Together with:

 Objections from Castle Bytham Parish Council  An objection from Clipsham Parish Meeting  Comments from Anglian Water Services  Comments from the Environment Agency  Comments from Environmental Protection Services  Request for a contribution from Lincolnshire County Councils Education and Cultural Services  Comments from Lincolnshire Fire and Rescue  No request for a financial contribution by NHS England  No comments from the Welland and Deeping Internal Drainage Board  No objections from the SKDC Projects Officer (Drainage)

Page - 5 2  No observations from Network Rail – Civil Engineering  No objections on highway or planning grounds by Rutland County Council  Comments from the Lincolnshire Wildlife Trust  Comments from Natural England  Requirements for affordable housing provision stated by the SKDC Affordable Housing Officer  No objection from Heritage Lincolnshire subject to appropriate conditions  No comments from the Government Office for the East Midlands  No objections in principle from the Crime Prevention Design Advisor  47 representations received as a result of public consultation on the original scheme together with a further 10 letters of representation following consultation on revisions to the application  Provisions within the National Planning Policy Framework and the South Kesteven Core Strategy and supplementary planning documents  Site visit observations  Comments made by members at the meeting

During his presentation the Planning Officer drew members’ attention to condition 27 in his report, which was a duplicate of a condition listed earlier. If minded to approve the application, members were advised that the wording of condition 27 would be substituted with the following:

27. Before any part of the development hereby permitted is occupied/brought into use, a verification report confirming that remedial works have been completed shall have been submitted to and approved in writing by the Local Planning Authority. The report shall have been submitted by the nominated competent person approved, as required by condition [8] above. The report shall include:

i. A complete record of remediation activities, and data collected as identified in the remediation scheme, to support compliance with agreed remediation objectives; ii. As built drawings of the implemented scheme; iii. Photographs of the remediation works in progress; and iv. Certificates demonstrating that imported and/or material left in situ is free from contamination.

The scheme of remediation shall thereafter be maintained in accordance with the approved scheme.

It was proposed and seconded that the application be approved for the reasons set out in the case officer’s report and subject to the conditions and notes on pages 15 to 22 (including substituted condition 27) of the case officer’s report and prior completion of a Section 106 agreement to

Page - 6 3 secure the requirements specified in paragraph 8.1 of the report. Provided that if the Section 106 has not been completed within 6 weeks of the date of this meeting and the Business Manager for Development Management and Implementation, after consultation with the Chairman and Vice Chairman of the Development Control Committee, considers there are no extenuating circumstances which would justify an extension (or further extension) of time, the Business Manager for Development Management and Implementation be authorised to refuse the application on the basis that the necessary infrastructure or community contributions essential to make the development acceptable have not been forthcoming. On being put to the vote, this was agreed.

(2) Application ref: S15/2429 Description: Erection of a single storey Gospel building with new vehicular access (Use Class D1) Location: Land to the rear of Chestnuts Barn, 62 High Street, Carlby, Stamford, Lincolnshire, PE9 4LX

Decision:

To refuse the application contrary to officer recommendations

Noting comments made during the public speaking session by:

Carlby Parish Council John Bavister Against Margaret Hawkins John Crampin William I’Anson Roger Easton David Nelson Pauline Crampin Richard Clark For Anthony Burt Applicant’s Agent Andrew Beard

Together with:

 Comments from Environmental Protection Services  No objection from LCC Highways and SUDS Support subject to appropriate conditions  An objection from Carlby Parish Council  No objection from Heritage Lincolnshire  Comments from the Environment Agency  No objection from the SKDC Arboricultural Consultant subject to conditions  Additional information provided by the applicants on alternative sites that had been considered and information on the need for local places of worship

Page - 7 4  26 representations received as a result of public consultation  Provisions within the National Planning Policy Framework and the South Kesteven Core Strategy and supplementary planning documents  Site visit observations  Comments made by members at the meeting

In considering the application, specific areas of discussion concentrated on the Carlby Village Design Statement, with which the proposed development was incompatible, the potential for disturbance of local residents, the sustainability of the location of the application site and the availability of alternative sustainable sites within the vicinity of the application site, whether the proposed development constituted a true community facility and the impact the visual appearance of the proposed development on the character of the local area.

It was proposed and seconded that the application be refused contrary to officer recommendations for the following reasons:

1. It was not compliant with Core Strategy policy SP1 and SP2 which provides that new development should be focussed on the most sustainable locations of Grantham, the market towns and designated Local Service Centres. Developments in all other villages and the countryside will be restricted. Locating this type of development in Carlby was not considered sustainable and it had not been proven that there were not more sustainable options available 2. The application was not supported by Core Strategy policy SP2 as it was not considered that the proposal amounted to a “local” service or facility for Carlby 3. It was not compliant with the policies of the Carlby Village Design Statement, which seeks to protect the edge of the village from development and to ensure that new development is in-keeping with the physical appearance of the village 4. In view of the specified nature of the intended use, it was not considered that the proposal would “promote the retention and development of local services and community facilities” or “enhance the sustainability” of the community in Carlby, as envisaged in paragraphs 28 and 70 of the NPPF

The Business Manager, Development and Implementation confirmed that she accepted the reasons for refusal that had been given, permitting the Committee to make a decision outright without invoking the cooling-off period in accordance with the Council’s Constitution.

On being put to the vote, the proposition was carried and the application was refused.

Page - 8 5 15:25 to 15:45 – the meeting was adjourned

(3) Application ref: S15/2802 Description: Installation of external wall insulation with spar dash finish on no 1, 2, 3, 4, 5 and 20 Zebra Cottages, Stamford Location: 1-5 & 20 Zebra Cottages, Torkington Street, Stamford, Lincolnshire, PE9 2UX

Decision:

To refuse the application contrary to officer recommendations

Noting comments made during the public speaking session by:

District Councillor Councillor Breda Griffin Against Abigail Yardley Amanda Duncanson Anne-Marie Hamill Richard Insall Bethany Keymer (letter read by Miss Hamill)

Together with:

 Comments from the Historic Buildings Advisor  No objection from Lincolnshire County Council Highways and SUDS Support  No comment received from the SKDC Arboricultural Consultant  No comment received from the Defence Estate Organisation (Wind Team)  An objection from Stamford Civic Society  An objection from Stamford Town Council  An objection from the Twentieth Century Society  17 representations received as a result of public consultation  Additional information on the notification of and consultation with residents at number 19 Zebra Cottages  Provisions within the National Planning Policy Framework and the South Kesteven Core Strategy and supplementary planning documents  Site visit observations  Comments made by members at the meeting

16:13 - As the meeting had been in progress for 3 hours, the Chairman asked for Members’ consent to continue. Members agreed.

Discussion on the application ensued, during which members noted the distinctive appearance of Zebra Cottages and their value as a non-listed

Page - 9 6 heritage assets. Particular concern was expressed about the haphazard appearance of the terrace that would be created as only council-owned properties at opposite ends would be subject to the insulation treatment. Some concerns were also raised about vehicular access to the street as the external wall insulation would reduce its width by 100mm.

Members requested that when any such applications were brought before the Committee in future, examples of materials should be provided together with an architect’s presentation. They suggested that an analysis of other options and why they were rejected would also be appropriate. Following concerns expressed during the public speaking session, members also recommended that in circumstances such as this, where the impact of the development would affect the whole terrace, then wider consultation should be undertaken than adjoining properties and a site notice.

Members noted that planning permission for external insulation had already been granted under delegated authority in respect of 6 Zebra Cottages. A recommendation was made by the Committee that as the permission related to a council property, in the event of the current application not being approved the Council should request for the earlier permission not to be implemented.

It was proposed and seconded that the application be refused contrary to the recommendation of officers for the following reasons:

1. The proposed development is incompatible with the design and townscape of Zebra Cottages and the local area and has not been mitigated by good design (NPPF para 65) 2. The scheme as proposed is not comprehensive in its nature, therefore a spasmodic effect on the treatment of individual properties would be achieved 3. There would be an adverse impact on vehicular access due to the narrowing of the lane

On being put to the vote the proposition was carried and the application was refused.

(4) Application ref: S15/2726 Description: Erection of a two storey detached dwelling Location: Rear of 55 & 57 Empingham Road, Stamford, Lincolnshire, PE9 2RJ

Decision:

Page - 10 7 To grant the application subject to conditions

Noting comments made during the public speaking session by:

District Councillor Councillor Breda Griffin

Together with:

 No objection from Heritage Lincolnshire  No objection from Lincolnshire County Council Highways and SUDS Support subject to conditions  An objection from Stamford Town Council  No objection subject to conditions from the SDKC Projects Officer (Drainage)  2 representations received as a result of public consultation  Provisions within the National Planning Policy Framework and the South Kesteven Core Strategy and supplementary planning documents  Comments included in the additional information report on the requirement for an additional condition  Comments made by members at the meeting

Members noted concerns raised relating to the installation of a balcony on the single-storey extension, which had featured on earlier plans that were submitted. To prevent the possible, subsequent installation of a balcony rail on completion of the development, it was suggested that any approval of the application should incorporate an additional condition. It was proposed, seconded and agreed that the application be granted for the reasons listed in the case officer’s report and subject to the following conditions:

Time Limit for Commencement

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

Approved Plans

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

Drawing No. 1429/PL03 C (Proposed Site Plan) received 08/10/2015. Drawing No. PL4 (Proposed Elevations) received 08/10/2015 Drawing No. PL5 (Proposed Elevations) received 08/10/2015 Drawing No. PL6 (Proposed Ground Floor) received 08/10/2015 Drawing No. PL7 (Proposed First Floor) received 08/10/2015 Drawing No. PL8 (Site Section) received 08/10/2015

Page - 11 8 Drawing No. 1429 / PL09 B (Street Scene) received 08/10/2015

Before the Development is Occupied

3 Prior to the development hereby permitted being brought into use, the car parking spaces shall have been completed in accordance with the details shown on Drawing No. 1429/PL03 C and shall be available at all times that the dwelling is in use.

4 Prior to the dwelling hereby permitted being brought into use, any part of the timber fence along the north site boundary within at least 2m of the highway shall be reduced to a height of no more than 600mm and shall be retained as such thereafter unless otherwise agreed in writing by the local Planning Authority.

5 Prior to the dwelling house hereby permitted being brought into use, the development shall have been built in accordance with the materials detailed on the submitted application forms unless otherwise agreed in writing by the local planning authority.

6. Before any part of the development hereby permitted is first occupied/brought into use, the first floor rear (south-east) elevation windows shall have been installed in accordance with the approved details (obscure glazed with no opening part being less than 1.7m above the floor level) to Pilkington (obscure) Glass level 5 (or any equivalent product which shall have been first approved in writing by the Local Planning Authority). Once installed the window units shall thereafter be retained as such at all times.

7. Notwithstanding the provisions of Schedule 2, Part 1, Classes A, B & C of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no window, dormer window, rooflight or other shall be inserted into the south east, south west and north east elevations of the property other than those expressly authorised by this permission without Planning Permission first having been granted by the Local Planning Authority.

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

9. Notwithstanding the provisions of Schedule 2, Part 1, Class E of the Town and Country Planning (General Permitted Development)

Page - 12 9 (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no building, enclosure, swimming or other pool or container used for domestic heating purposes shall be constructed within the curtilage of the dwellinghouse without Planning Permission first having been granted by the Local Planning Authority.

10. The single-storey flat roof at the back of the property should not at any stage be used as a balcony

(5) Application ref: S14/1316 Description: Residential development and use of former school playing field for community uses Location: Former Aveland High School, Birthorpe Road, Billingborough, Sleaford, Lincs, NG34 0QS

Decision:

To grant the application subject to conditions

17:09 – Councillor Mrs Bosworth left the meeting. As this was a part-heard application and she was not present at the first meeting during which the application was considered, she was not eligible to participate.

Noting

 No objection from Billingborough Parish Council  No objection from Lincolnshire County Council Highways subject to conditions  An objection from Sport England  Standing advice from Natural England  Comments from the Environment Agency  Comments from Anglian Water  Comments from Black Sluice Internal Drainage Board  Comments from SKDC Drainage Ofifcer  Comments from the SKDC viability consultant (Valuation Officer Agency – District Valuer Services)  Request for conditions from Environmental Protection  No request for a financial contribution from Lincolnshire County Council, Education or from the NHS  Comments from the South Kesteven District Council Open Space Officer  Comments from South Kesteven District Council Street Scene (refuse collection)  No comments from Lincolnshire Fire and Rescue  Comments from the South Kesteven District Council Arboricultural Consultant  Requirement for affordable housing provision from the South

Page - 13 10 Kesteven District Council Affordable Housing Officer  6 representations received as a result of public consultation  Provisions within the National Planning Policy Framework and the South Kesteven Core Strategy and supplementary planning documents  Site visit observations  The additional information report from the meeting held on 21 July 2015  Comments made during the public speaking session on 21 July 2015  Comments made by members on 21 July 2015 when the application was first considered  Comments made by members at the meeting

Whilst not strictly a material planning consideration, it was noted that Billingborough Parish Council and Lincolnshire County Council had now come to an agreement on the transfer of land and upgrade works to the playing field.

The applicant had requested that the requirement to provide affordable housing be dealt with by way of condition rather than a Section 106 Agreement. In the particular circumstances of this case and as there were no other Section 106 requirements, it was recommended that such an approach could be adopted on this occasion.

It was proposed, seconded and agreed that the application be approved for the summary of reasons set out in the case officer’s report and subject also to the following conditions and notes:

1 The development hereby permitted shall be commenced before the expiration of three years from the date of this permission or two years from the approval of the last of the reserved matters, whichever is the latter.

2 Details of the reserved matters set out below shall have been submitted to the Local Planning Authority for approval within three years from the date of this permission:

i. layout; ii. scale iii. appearance iv. access v. landscaping

Approval of all reserved matters for each part of the site (a. Residential development, b. Community open space and associated access) shall be obtained from the Local Planning Authority in writing before any development in that part of the site is commenced.

Page - 14 11 3 The development hereby permitted shall be carried out in accordance with the following list of approved plans submitted as part of the application: 480/25/LP01 received 06 May 2014

4 When application is made for approval of the 'reserved matters' relating to the community open space and associated access, that application shall show details relating to the vehicular access to the public highway, including materials, specification of works and construction method. The approved details shall be implemented on site before the development is first brought in to use and thereafter retained at all times.

5 When application is made for approval of the 'reserved matters' relating to the residential development, that application shall show details of a surface water and foul water drainage scheme (based on the submitted sustainable drainage strategy) has been submitted to and approved in writing by the Local Planning Authority.

The scheme shall:

a) Provide details of how run-off will be safely conveyed and attenuated during storms up to and including the 1 in 100 year critical storm event, with an allowance for climate change, from all hard surfaced areas within the development into the existing local drainage infrastructure and watercourse system without exceeding the run-off rate for the undeveloped site

b) Provide attenuation details and discharge rates which shall be restricted to 6.3 litres per second

c) Provide details of the timetable for and any phasing of implementation for the drainage scheme

d) Provide details of how the scheme shall be maintained and managed over the lifetime of the development, including any arrangements for adoption by any public body or Statutory Undertaker and any other arrangements required to secure the operation of the drainage system throughout its lifetime

The development shall be carried out in accordance with the approved drainage scheme and no dwelling shall be occupied until the approved scheme has been completed or provided on the site in accordance with the approved phasing. The approved scheme shall be retained and maintained in full in accordance with the approved details.

6 Residential development of the application site shall be restricted to that part of the site which is allocated under policy LSC1a of the South

Page - 15 12 Kesteven Site Allocations and Policies DPD, and shall not be commenced until the details approved under condition 4 have been implemented and the remainder of the application site (including access from Birthorpe Road) has been brought into use as a community facility.

7 No residential development shall be commenced until an Estate Street Phasing and Completion Plan has been submitted to and approved in writing by the Local Planning Authority. The Estate Street Phasing and Completion Plan shall set out the development phases and the standards that estate streets serving each phase of the development will be completed.

8 No residential development shall be commenced until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved by the local planning authority. [The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under Section 38 of the Highways Act 1980 or a private management and maintenance company has been established].

9 No residential development shall commence, unless otherwise agreed in writing by the Local Planning Authority, until there has been submitted to and approved in writing by the Local Planning Authority: A detailed scheme (based on the conclusions of the submitted phase 1 desk study) for remedial works and measures to be undertaken to avoid risk from contaminants and/or gases when the site is developed and proposals for future maintenance and monitoring. Such scheme shall include nomination of a competent person to oversee the implementation of the works. The development shall be carried out in accordance with the approved scheme.

10 No residential development shall commence until a scheme for the provision of affordable housing (taking into account local housing needs) as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2 of the NPPF or any future guidance that replaces it. The scheme shall include:

i. the numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than 28% of the housing units ii. not less than 60% of the affordable housing units to be provided as social/affordable rented units and a maximum of 40% to be

Page - 16 13 provided as shared ownership unless otherwise agreed in writing iii. the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; iv. the arrangements for the transfer of the affordable housing to an affordable housing provider[or the management of the affordable housing] (if no RP (Register Provider) involved) v. the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing vi. the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced

11 Pursuant to condition 4, the community facility and associated access shall be retained thereafter for community sports/recreational uses and allotments or other community uses as may be agreed in writing with the local planning authority.

Standard Notes to Applicant:

1 This site is within 50m of a Land Contamination Concern. Please contact Environmental Protection Services on 01476 406300 for further information.

2 You are advised to contact Lincolnshire County Council as the local highway authority for approval of the road construction specification and programme before carrying out any works on site.

3 Anglian Water has assets close to or crossing the site or there are assets subject to an adoption agreement. Therefore, the site layout should take this into account and accommodate those assets within either prospectively adoptable highways or public open space. If this is not practicable, then the sewers will need to be diverted at the developer's cost under section 185 of the Water Industry Act 1991, or in the case of apparatus under an adoption agreement, liaise with the owners of the apparatus. It should be noted that the diversion works should normally be completed before the development commences.

4. Prior to the 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.

69. CLOSE OF MEETING

The meeting was closed at 17:15.

Page - 17 14 Agenda Item 5a

AH1 S15/2828 Target Decision Date:15th February 2016 Committee Date:9th February 2016

Applicant Mr Mark Jones, Longhurst Group & Grantham Estates, Land Off Caunt Road, Grantham Agent Robert Jays, Lindum Group, Lindum Business Park, Station Road, North Hykeham, Lincoln Proposal Erection of 31 no. dwellings (affordable units) along with associated roads, footpaths and infrastructure Location Land Off Caunt Road, Grantham Application Type Full Planning Permission (Major) Parish(es) Grantham

Reason for Referral to The application has been referred to the Committee at the Committee request of Councillor Jacky Smith as it is a major development with issues of more than local importance/potentially impacts upon the effective implementation of adopted Council planning and development policies. Recommendation Approved conditionally

Key Issues

Planning Policy Impacts on residential amenities Impacts on visual amenities Highway safety/Services Infrastructure Section 106 Issues/Viability

Technical Documents Submitted with the Application

Design and Access Statement Land Contamination Report Viability Assessment Drainage Statement/Flood Risk Assessment. Ecological Report Transport Statement

Enquires about this report to: Alan Harvey Area Planning Officer 6412 [email protected]

2 Page - 18 3 Page - 19 1.0 Description of site and application

1.1 The application site off Caunt Road consists of some 0.51 ha of vacant land which was formally part of the BMARC Ordnance factory site. The application site also comprises the northern part of the remaining portion of the development land that was included in the original outline planning permission for the Springfield Road scheme (approved under application ref: S02/1169). The site is bounded to the north, east and west by recent residential development. To the south of the site is an existing commercial premises (Berketex) which presently occupies the remaining extent of the lands comprising the Springfield Road development scheme. The land level on the application site rises by approximately 2 metres from north to south alongside Caunt Road.

1.2 The application site is located within Character Area 9 as defined by the Grantham Townscape character assessment. This area is characterised by twentieth century and later housing development which is mostly two storey with the occasional two and a half and three storey houses and some blocks of flats. The application site is within sub-area CA9d which is characterised by housing at a higher density and to a finer grain with smaller gardens.

1.3 This application for full planning permission relates to the proposed erection of 31 No. dwellings; all of which are to be affordable housing units and are subject to a nomination agreement with the District Council. The scheme comprises 15 No. units to be in shared ownership and 16 No. for affordable rent. The proposed dwellings would be a mix of 2 and 3 bedroom properties, along with 6 No. one bedroom flats in a two and half storey high block (on Plots 26-31). The individual dwellings would predominantly be of two storeys (21 No.) with 4 No. two and half storey town houses. The dwellings are to be constructed of either red-multi or russet mixture bricks with Calderdale light grey concrete tile roofs. The proposed development would be accessed from the southern side of Hathersage Close; off Caunt Road. A total of 41 No. parking spaces are proposed to serve the development.

1.4 The application has been accompanied by a Viability Assessment which indicates that if the scheme was to attract the need for any commuted sum for education provision or a requirement for on-site/off-site play provision then the proposed affordable housing scheme would not be financially viable as a development project.

2.0 Relevant Planning History

2.1 S10/1038 - Outline planning permission was granted in March 2011 for the construction of 61 No. residential units on a site - of some 0.86 hectares - which included the current application site and the land immediately to the south presently occupied by the premises of Berketex. This land had previously formed part of a larger outline scheme approved in April 2002 - under application S02/1169 - for Class A1, A2, A3, B1, B8, C3 and D1 Uses. This 2002 scheme included the neighbouring residential developments that have subsequent been completed e.g. off Kedleston Road.

2.2 S14/0471 - Reserved matters was approved in 2014 for the 61 No. dwellings scheme with the approved plans showing that there would be a mix of 2, 3 and 4 bedroom houses, and 4 No. blocks of one/two bedroom flats. The scheme comprised of two phases, with Phase 1 essentially equating to the area of the current application site. To accord with a unilateral undertaking that accompanied the outline permission of 2010 Phase 1 of the development provided for 9 No. affordable units, an education contribution of £89,205 and a fire and rescue contribution of £5,065. (Phase 2 was in turn to have 10 No. affordable units, an education contribution of £80,710 and a fire and rescue contribution of £4,583).

3.0 Policy Considerations

3.1 National Planning Policy Framework (NPPF)

4 Page - 20 Section 6 - Wide choice of high quality homes Section 7 - Requiring good design

3.2 South Kesteven District Council Core Strategy Policy EN1 - Protection and Enhancement Policy EN4 - Sustainable Construction and Design Policy H1 - Residential Development Policy H3 - Affordable Housing Policy SP1 - Spatial Strategy Policy SP4 - Developer Contributions

4.0 SKDC Corporate Priorities  Grow the economy  Support good housing for all

5.0 Representations Received

LCC Highways & SuDS Support Raise no objections in principle.

Education & Cultural Services Seek a contribution of £84,803 in respect of 3 No. primary school and 3 No. secondary school places.

Environment Agency Have no comments to make on the application.

SKDC Projects Officer (Drainage) Has no comments.

Environmental Protection Services Have no objections in principle.

Heritage Lincolnshire Advise that no archaeological intervention is required.

Environmental Protection Services Have no objections in principle.

SKDC Affordable Housing Officer Welcomes the proposed development as the District Council is working with the applicants to build this affordable homes scheme which will be nominated from the Council's Housing Register. The nomination agreement will include a cascade to offer the affordable housing units to applicants with a direct connection to Grantham in the first instance, thereafter to other applicants who have a direct connection to the South Kesteven area.

NHS England Have no comments

Anglian Water Services Raise no objections in principle.

Upper Witham Internal Drainage Have no comments. Board

5 Page - 21 SKDC - Street Scene Have no comments

Lincolnshire Fire & Rescue Services Have no objections to the scheme and have not requested any financial contributions.

6.0 Representations as a Result of Publicity

6.1 The application has been advertised in accordance with the statement of community involvement. No letters of representations have been received.

7.0 Evaluation

7.1 Planning Policy Implications

7.1.1 The principle of the development of the site for residential purposes has been established by the previous grants of the outline planning permission and the reserved matters approval. There was a condition on the outline approval of 2010 that restricts the number of units to 61 No dwellings on the larger site (including the land to the south) and given that the present scheme would deliver a similar number of dwellings as Phase 1 of the reserved matters approval any future development of the remaining land would not be compromised. The scheme is therefore compliant with Policies SP1 and H1 of the adopted Core Strategy.

7.1.2 As a scheme of affordable units, the proposed development has come forward with the support of the District Council's Partnership and Projects Officer (Affordable Housing) and the homes on the scheme will be nominated to persons from the District Council's Housing Register. The nomination agreement will include a cascade to offer the affordable housing units to applicants with a direct connection to Grantham in the first instance, thereafter to other applicants who have a direct connection to the South Kesteven area. A condition of any approval will require that the scheme be developed and thereafter be operated in accordance with the terms of the nomination agreement. The scheme will therefore fully meet the objectives of Policy H3 of the Core Strategy and central government advice set out in the National Planning Policy Framework.

7.2 Impacts on Residential Amenities

7.2.1 The scheme provides for the dwellings adjoining existing properties on Hathersage Close to have increased rear garden areas in comparison to those shown on the reserved matters approval (of 2014). Further, having regard to the relationship with existing dwellings on Harris Way and fronting onto Caunt Road, it is considered that the proposed new units would in terms of their siting and orientation respect the position of the existing dwellings. Further, the first floor bathroom room windows to the eastern side elevations of the easternmost new dwellings (on Plots 19 and 20) would 'face' the blank gables of the adjoining dwellings on Harris Way. Accordingly, the proposed dwellings would not have any significant overbearing, overshadowing or overlooking impacts on existing dwellings adjoining and surrounding the site. Further, the traffic generated to and from the site is unlikely to give rise to any significant impacts on existing surrounding dwellings in terms of noise and disturbance. It is also considered that if the commercial premises to the south of the site was retained (and thus not re-developed) then given its relationship with the proposed development, and the screening proposed, the amenities of the future residents would not be significantly compromised. The proposals are therefore consistent with the guidance set out in paragraph 17 of the National Planning Policy Framework.

7.3 Impacts on Visual Amenities

6 Page - 22 7.3.1 The character of the immediate surroundings is defined by the Grantham Townscape Assessment as being a mix of twentieth century and more modern housing at high density, fine grain with small rear gardens. This proposed development is considered to be in keeping with the form and character of this surrounding area. The proposed materials to be used to the development have also been chosen having regard to their immediate surroundings utilising red- multi and russet mix bricks and grey tiled roofs.

7.3.2 The proposed scheme also respects the previously approved proposals for the site and would be seen as an integral element of the penultimate part of the larger Springfield Road residential development. Indeed, it is considered that the current proposal provides for a scheme that would have a greater degree of visual integrity; in particular as a result of dwellings on the current proposal (on Plots 1-4 inc.) presenting their front elevations to Caunt Road to provide increased integration with the existing streetscape. It is therefore concluded that the scheme is in line with the requirements of Policy EN1 of the Core Strategy.

7.4 Highway Safety/Services Implications

7.4.1 The County Council as the local highway authority has no objections in principle subject to appropriate conditions securing the necessary road construction details. Conditions are also proposed to secure and then maintain the proposed parking and turning arrangements. The applicants have also satisfactorily demonstrated that future residential development proposals on the 'remaining land' to the south would not be compromised by having a separate access off Caunt Road. The Highway Authority have specifically indicated that in principle the separate access would have adequate capacity to serve the 30 No. dwellings (maximum) envisaged by the 2014 reserved matters approval.

7.4.2 In terms of the water environment, the County Council as the lead flood authority raise no objections in principle. Further, Anglian Water and the Environment Agency raise no objections to the foul and surface water drainage proposals. The Lincolnshire Fire and Rescue Service have no comments to make on the scheme and the Heritage Trust of Lincolnshire advises that no archaeological intervention is required. SKDC Environmental Services are satisfied that the site can be developed provided contamination mitigation conditions are put in place. Further, the standards of sustainable construction required for this affordable housing scheme will meet the objectives of Policy EN4 of the Core Strategy.

7.5 Section 106/Viability

7.5.1 By reason of its number of dwellings the scheme would normally trigger commuted sum requirements to be secured by a Section 106 Agreement and the County Education Services have sought a contribution of £84,803 - in respect of 3 No. primary school and 3 No. secondary school places - whilst a commuted sum would also be required in relation to off-site formal play provision.

7.5.2 In this case, however, the application has been accompanied by a Viability Assessment which concludes that if the scheme was to attract a commuted sum for education provision or a requirement for on-site/off-site play provision then the present affordable housing scheme would not be financially viable as a development project. This Viability Assessment has been reviewed and its financial submissions/modelling 'tested' by the District Valuer Services who have similarly concluded that the scheme would not be viable if the Section 106 contributions were required by the District Council. As such it is considered that it has been demonstrated that the scheme has had full regard to the criteria set out in Policy SP4 of the Core Strategy.

7.6 Conclusion

7.6.1 It is therefore considered that the proposed residential development fully meets the objectives of the housing policies of the Core Strategy and meets the aspirations of central government set out in the National Planning Policy Framework, and re-stated in recent ministerial statements, to

7 Page - 23 deliver affording housing. In do so the proposal will not compromise highway safety or be likely to adversely impact upon the amenities of nearby existing residential properties. There are also no technical constraints to the development of the site which has had the benefit of previous approvals for residential schemes.

8.0 Crime and Disorder

8.1 It is considered that the proposals would not result in any significant crime and disorder implications.

9.0 Human Rights Implications

9.1 Article 6 (Right to fair decision making) and Article 8 (Right to private family life and home) of the Human Rights Act have been taken into account in making this recommendation.

9.2 It is considered that no relevant Article of that act will be breached.

10.0 RECOMMENDATION: that the development is Approved subject to the following conditions

Time Limit for Commencement

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

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

Approved Plans

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

Drawing No. 4887/00/01 (received on 16 November 2015) Drawing No. AS2055/1 Rev A1 (received on 16 November 2015) Drawing No. 0824-A-2001 Rev D (received on 16 November 2015) Drawing No. 0824-A-2002 Rev B (received on 18 December 2015) Drawing No. 0824-A-2003 Rev A (received on 16 November 2015) Drawing No. 0824-A-2100 Rev B (received on 16 November 2015) Drawing No. 0824-A-2101 Rev C (received on 16 November 2015) Drawing No. 0824-A-2102 Rev B (received on 16 November 2015) Drawing No. 0824-A-2103 Rev A (received on 16 November 2015) Drawing No. 0824-A-2104 Rev B (received on 16 November 2015) Drawing No. 0824-A-2105 Rev C (received on 16 November 2015) Drawing No. 0824-A-2106 Rev C (received on 16 November 2015) Drawing No. 0824-A-2107 Rev C (received on 16 November 2015) Drawing No. 0824-A-2108 Rev C (received on 16 November 2015) Drawing No. 0824-A-2109 Rev - (received on 16 November 2015) Drawing No. 0824-A-5000 Rev - (received on 16 November 2015) Drawing No. 0824-A-5001 Rev - (received on 16 November 2015) Drawing No. 0824-A-8012 Rev G (received on 16 November 2015) Drawing No. 0824-A-8013 Rev A (received on 16 November 2015) Drawing No. 0824-A-7000 Rev - (received on 16 November 2015)

8 Page - 24 Unless otherwise required by another condition of this permission.

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

Before the Development is Commenced

3 With the exception of the implementation of the site stripping works, diversion of existing services and works to secure the site as shown on Drawing SSW01 (dated 20 January 2016), no development shall be commenced until drawings to a metric scale showing the full engineering, drainage, street lighting and constructional details of the proposed road(s) to serve the development (including the proposed junction(s) onto Hathersage Close) shall have been submitted to and approved in writing by the Local Planning Authority. The details shall include a phasing timetable/programme where necessary.

Reason: In the interest of highway safety; to ensure a satisfactory appearance to the highways infrastructure serving the development; and to safeguard the visual amenities of the locality and users of the highway.

4 With the exception of the implementation of the site stripping works, diversion of existing services and works to secure the site as shown on Drawing SSW01 (dated 20 January 2016), no development shall take place until a surface water drainage scheme for the site, based on sustainable urban drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority.

The scheme shall:

b) Provide attenuation details and discharge rates which shall be restricted to 5.0 litres per second;

c) Provide details of the timetable for and any phasing of implementation for the drainage scheme; and

Reason: to ensure that surface water run-off from the development will not adversely affect, by reason of flooding, the safety, amenity and commerce of the residents/users of this site, and others off-site.

5 With the exception of the implementation of the site stripping works, diversion of existing services and works to secure the site as shown on Drawing SSW01 (dated 20 January 2016), no development shall take place until a foul water drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority.

Reason: To prevent flooding, pollution and detriment to public amenity through the provision of suitable water infrastructure.

During Building Works

6 This affordable housing scheme comprising of 15 No. units in shared ownership and 16 No. units for affordable rent shall be provided in accordance with the approved scheme as shown on the drawings listed at condition 2 above and shall meet the definition of affordable housing in Annex 2 of the National Planning Policy Framework or any future guidance that replaces it. Before any construction work on the erection of any dwelling is first commenced the following shall be agreed in writing with the Local Planning Authority:

9 Page - 25 i. the arrangements for the transfer of the affordable housing to an affordable housing provider (or the management of the affordable housing if no RP (Register Provider) is involved);

ii. the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

iii. the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

Reason: To ensure the provision and retention of this affordable housing scheme development in accordance with national, regional and local housing policies considered and in accordance with Policy H3 of the adopted South Kesteven Core Strategy and Planning Obligations Supplementary Planning Document June 2012, Section 2 Affordable Housing.

7 The 'environmental recommendations' set out under section 8 of the report Phase I & II Geo-Environmental Assessment, Land off Caunt Road, Grantham EPS Ref: UK15:1908 (received on 16 November 2015) shall be implemented in full during the construction phase of the development.

Reason: Previous activities associated with this site may have caused, or had the potential to cause, land contamination and to ensure that the proposed site investigations and remediation will not cause pollution in the interests of the amenities of the future residents and users of the development; and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010) and guidance contained in National Planning Policy Framework.

8 No hardstanding areas shall be constructed on the site until the works have been carried out in accordance with the surface water strategy so approved unless otherwise agreed in writing by the Local Planning Authority.

Reason: To prevent environmental and amenity problems arising from flooding

Before the Development is Occupied

9 The development hereby permitted shall not be occupied or brought into use until a verification report for the remedial works set out in the 'environmental recommendations' set out under section 8 of the report Phase I & II Geo-Environmental Assessment, Land off Caunt Road, Grantham EPS Ref: UK15:1908 (received on 16 November 2015) has been submitted and approved in writing by the Local Planning Authority. The report shall be submitted by the agreed competent person and identify that approved remedial works have been implemented. The report shall include, unless agreed in writing:

(a) A complete record of remediation activities, and data collected as identified in the remediation scheme, to support compliance with agreed remediation objectives;

(b) As built drawings of the implemented scheme;

(d) Certificates demonstrating that imported and/or material left in situ is free from contamination.

Thereafter the scheme shall be monitored and maintained in accordance with the approved remediation scheme.

10 Page - 26 10 Before any part of the development permitted is first occupied/brought into use (or as otherwise first agreed in writing by the Local Planning Authority), the works to provide the approved surface water drainage scheme(s) shall have been completed in accordance with the approved details. The approved scheme shall be retained and maintained in full in accordance with the approved details.

11 Before any part of the development permitted is first occupied/brought into use (or as otherwise first agreed in writing by the Local Planning Authority), the works to provide the approved foul water drainage scheme shall have been completed in accordance with the approved details.

Reason: To prevent flooding, pollution and detriment to public amenity through the provision of suitable water infrastructure.

12 The proposed road(s) (including the proposed junction(s) onto Hathersage Close) and the associated drainage and street lighting shall be completed in accordance with the approved details before any dwelling is first occupied unless otherwise agreed in writing with the Local Planning Authority.

13 The approved arrangements for the parking/turning/manoeuvring of vehicles within the development permitted shall be provided before the relevant dwelling(s) is first occupied and shall be kept permanently free for such use at all times thereafter.

Reason: In the interest of highway safety; to ensure that sufficient off-street car parking facilities are provided and retained and to allow vehicles to enter and leave the highway in a forward gear in the interests of highway safety.

14 The approved works to provide the approved boundary treatments (including any associated approved retaining walls) on the development permitted shall be provided before the relevant dwelling(s) is first occupied.

Reason: To provide a satisfactory appearance to any boundary treatments and by screening rear gardens from public view, in the interests of the privacy and amenity of the occupants of the proposed dwellings and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

15 Before the development permitted is first occupied/first brought into use, all hard landscape works shall have been carried out in accordance with the approved hard landscaping details.

Reason: Hard landscaping makes an important contribution to the development and its assimilation with its surroundings and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

16 Before any dwelling hereby permitted is first occupied/first brought into use, the finished floor levels for that dwelling(s) and the finished land levels of the surrounding lands (including any curtilage/garden area) shall have been constructed in accordance with the approved details.

Reason: In the interests of the visual amenities of the area and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

17 Before any part of the development hereby permitted is first occupied/first brought into use, the external surfaces to buildings shall have been completed in accordance with the approved details shown on the Materials Schedule REP001 (received on 16 November 2015).

11 Page - 27 Reason: To ensure a satisfactory appearance to the development and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

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

Reason: Soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

19 Before first occupation of the relevant dwellings(s) hereby permitted, the refuse and recycling storage facilities shown on the approved drawings listed at condition 2 shall have been fully implemented and made available for use. Those facilities shall thereafter be retained for use at all times.

Reason: To ensure the provision of satisfactory facilities for the storage of refuse and recycling.

Ongoing Conditions

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

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs.

21 The approved affordable housing scheme once provided shall thereafter be retained in perpetuity during the lifetime of the development in accordance with the details agreed under condition 6 above unless otherwise agreed in writing by the Local Planning Authority.

Standard Note(s) to Applicant:

1 This site is within 50m of a Land Contamination Concern. Please contact Environmental Protection Services on 01476 406300 for further information.

2 You are advised that the application site falls within an area affected by Radon. You are asked to contact the Council's Building Control section (telephone number 01476 406187) to ascertain the level of protection required and whether a geological assessment is necessary.

3 Lincolnshire County Council (as Local Highway Authority) advise that prior to the submission of details for any access works within the public highway you must contact the Divisional Highways Manager on 01522 782070 for application, specification and construction information.

4 In reaching this decision the Local Planning Authority has worked with the applicants at the pre- application and formal application stages in relation to addressing issues in respect of affordable housing provision and development viability. As such it is considered that the decision is in accordance with paragraphs 186-187 of the National Planning Policy Framework.

12 Page - 28 5 The District Council's Environment Protection Section advises that no burning of materials should take place on the site.

6 You are advised to follow the recommendations of the report of Alpha Associates (dated 25th August 2015) during the construction phase of the development.

13 Page - 29 Site Layout Plan

Streetscape: Dwellings Fronting onto Caunt Road

14 Page - 30 Streetscape - Dwellings Within the Development Site Looking North (S01) and South (S02)

15 Page - 31 Agenda Item 5b

PJM1 S15/2537 Target Decision Date:2nd December 2015 Committee Date:9th February 2016

Applicant Mr David McDonald, Eversheds House, 70 Great Bridgewater Street, Manchester Agent Mr Matthew Rushton, Axis Ped Well House Barns, Bretton, Chester Proposal Change of use of land for straw storage and the installation of a mobile weighbridge and welfare facilities Location Former RAF Fulbeck Airfield, Stragglethorpe Lane, Fulbeck, Lincs Application Type Full Planning Permission (Major) Parish(es) Fulbeck Parish Council Fenton Parish Council Caythorpe Parish Council Stubton Parish Council Hough On The Hill Parish Council Reason for Referral to The application is considered to be locally controversial and Committee referred at the request of Cllr Bob Sampson Recommendation Approved conditionally

Key Issues

Visual Amenity Highway Safety Impact on Heritage Assets Impact on residential amenity Impact on Protected Species

Technical Documents Submitted with the Application

Ecological appraisal Transport Assessment Planning Statement Visual Appraisal

Enquires about this report to: Paul Milne Area Planning Officer 6305 [email protected]

16 Page - 32 17 Page - 33 1.0 Description of site and application

1.1 The Proposed Development is located at the former RAF Fulbeck Airfield. The Site is situated in an open countryside location, with a number of small settlements located nearby - Stragglethorpe approximately 1.0km to the north east, Leadenham, Fulbeck and Caythorpe 4.0km to the east, Brandon 2km to the south, and Beckingham, Sutton, Fenton and Stubton to the west. Access is provided to the highway network via the A17 road, located approximately 2.3km to the north of the Airfield.

1.2 Land comprising the former RAF Fulbeck Airfield covers an area of approximately 260 hectares; however the development of land for a storage and distribution use would be restricted to a small proportion of this, an area of less than 6 hectares within the Airfield.

1.3 It is understood that active use of the airfield ceased in 1948. The site was subsequently used by the Ministry of Defence for army training exercises.

1.4 Whilst hardstanding areas associated with the former runways, aircraft hard standings and a perimeter track remain, the airfield control tower was demolished in 1986 and some sections of runways have been removed.

1.5 Current uses of the Airfield include arable agriculture, agricultural storage (e.g. sugar beet) and a karting track (Fulbeck Kart Track circuit). Areas of plantation also exist alongside the tracks and hard surfaced runways associated with the previous aerodrome use.

1.6 Quantity of Storage and Duration of Permission

1.6.1 Planning permission is being sought for a change of use to allow the storage of up to 20,000 tonnes of straw (at any one time) at the former Fulbeck Airfield off Stragglethorpe Lane. It is anticipated that some 're-stocking' of the site would occur each year, consequently a maximum of 25,000 tonnes straw would be imported to the site per annum.

1.6.2 A temporary change of use is sought, for a period of 25 years. Planning permission is being sought for straw storage at the Site in order to provide a biomass fuel to the Sleaford Renewable Energy Plant (REP) at Boston Road, Sleaford. Whilst the REP has a permanent (i.e. not time- limited) planning permission, it has an initial design life of 25 years. The applicants have applied to time-limit straw storage to a comparable length of time as the design life of the Power Station. Should equipment for the REP at Sleaford not be renewed at that time, then the requirement for straw storage at Fulbeck would also cease and all equipment and development would be removed from the Site. If the life of the Plant is extended and Fulbeck continues to be considered a suitable site operationally and in planning terms, then a further consent would be sought in relation to straw storage.

1.7 Site Layout and 'Design' of Straw Stacks

1.7.1 Within the Site there are a number of hard standings, or pads. These comprise retained concrete sections of former runways, areas used as aircraft dispersal loops when the airfield was operational, or perimeter tracks (which would have encircled the airfield). The proposal is to use land at eight of these existing hard standing pads for straw storage. Straw would be stored in stacks of square or rectangular bales, each stack having a broadly rectangular footprint, and in accordance with HSE guidance.

1.7.2 The anticipated quantities of strategic straw storage are set out in Table 1 below, the location of the pads being provided on the submitted Site Plan. For all storage areas the straw storage stack would not exceed 10m in height - stacks of up to 8 bales height are anticipated, a height well below that set out in HSE guidance. The area or footprint of storage would vary according to the pad dimensions, and so the maximum quantity of bales to be stored also varies by pad. The majority of the bales stored would be 'large Hesstons' (bales produced using a Hesston-type

18 Page - 34 baler). Each large Hesston bale is approximately 600kg in weight, with dimensions 2.4m by 1.2m by 1.2m.

1.7.3 A further area of hardstanding, a previous runway central to the airfield, would be used for 'caps' storage. The capping layer of bales on each storage stack acts as a weather shield to preserve the quality of straw beneath.

1.7.4 When straw is required for export to the REP, a stack is 'opened up', part, or all of the layer of lower grade capping bales being removed to allow access to the higher grade straw beneath. If the stack is not exported in its entirety, or stock is replenished, then the retained capping bales are then replaced to preserve the quality of straw. This area of hardstanding would be used to hold such capping materials whilst straw from the bale stacks on the main storage pads is exported or if there is a requirement for stacks to be re-structured.

1.7.5 As the caps storage area would be used logistically for the temporary management and holding of straw from other pads, the footprint of storage would likely be less well defined, but would not exceed 2,000 tonnes or 10m in height.

1.7.7 Table 1 - Anticipated straw storage quantities:

1.8 Operational Development and Other Equipment Structures

1.8.1 Operations at the Site would require: the installation of a mobile weighbridge; provision of ancillary welfare facilities, and; a chemical toilet. The weighbridge and welfare facilities/toilet would be provided within the reception compound area to the east of the Site. The reception area would also be used as an area for inspecting straw imports (for acceptance into the site or rejection based on quality considerations).

1.8.2 The mobile weighbridge (circa 18m length, 50 tonne maximum vehicle weight) would be located at the site and principally utilised for harvest-time imports, which would be up to 16 weeks per annum, depending on the extent of the growing season in any given year, and focussed on the months August - October. The weighbridge would be retained on site for the remainder of each year, and would be used for ad hoc control of graded material being moved off the site.

19 Page - 35 1.8.3 Welfare facilities would comprise a small portable cabin 2.6m in height and dimensions 3.1m by 3.1m at the site. This would be used as a location for: fire protection equipment (extinguishers, fire blankets); site management equipment such as 'spill kits' for vehicle fuel, and; the posting of emergency procedure documentation. In addition, the portable cabin would provide a facility to allow management of the weighbridge operation, and provide a refuge for site operatives in adverse weather conditions. A chemical toilet 2.4m in height, dimensions 1.2m by 1.3m would be provided adjacent to the welfare cabin.

1.9 Loading, Shredding and Baling Equipment

1.9.1 In addition to the above, loading/unloading equipment comprising 2 no. telescopic handlers are anticipated. The telescopic handers would unload straw delivery lorries within the Site, and manoeuvre bales into storage stacks.

1.10 Re-Processing

1.10.1 Plant may be used at the site from time to time for baling/reprocessing of straw - i.e. a shredder and a baling machine to re-bale straw to ensure it is of the correct format to allow use as a fuel for the REP, which has prescriptive requirements in terms of bale shape, weight and moisture content. This activity would be anticipated to be infrequent, for a small quantum of straw bales which have been subject to degradation and are assessed to be 'out of specification'.

1.10.2 Where straw is no longer suitable and cannot be reprocessed for use at the REP - e.g. capping bales, which might have higher moisture content - it would be disposed of for other uses. Again, additional plant may be used at site to facilitate this disposal - e.g. a bale shredder, to shred straw for use offsite as an agricultural soil amendment/improver, or for use at the REP as a loose-shred straw output that can be mixed with woodchip fuel material.

1.10.3 It is estimated that up to 10% of the straw brought to the site would need to be reprocessed or disposed of in this manner (circa 2,000 tonnes per annum). The applicant has secured contracts with agricultural tenants in the vicinity of the site who would procure straw for use off-site as an agricultural soil amendment/improver. A portion of this transfer would be directly to adjoining agricultural land, without the need for straw to be transported on the public highway.

1.11 Timing of Straw Imports and Exports to the Site

1.11.1 The Site would operate with a maximum annual throughput of 25,000 tonnes of straw per year. This would allow some re-stocking or 'top-up' of the site, without exceeding the 20,000 tonnes maximum storage at any one time.

1.11.2 Bulk straw importation would be concentrated around the harvest months (August - October), with up to 20,000 tonnes anticipated to be imported within a core 16 week window at this time of year.

1.11.3 Assuming a 16 week seasonal delivery campaign and 5.5 day working week this would suggest an average daily delivery level of circa 12 input HGV loads per day. On the understanding that no 'backloading' would take place at the site (i.e. that all vehicles undertake one movement 'empty'), this would represent up to 24 HGV movements (in + out) per day associated with the Site.

1.11.4 Taking into account a small level of re-stock / 'topping up' post the immediate core straw import period, amounting to circa 5,000 tonnes per annum, it is anticipated that a maximum of 30,000 tonnes of straw would be moved into / out of the development over the remainder of the year:

1. 5,000 tonnes re-stock / topping up imports; 2. 20,000 tonnes export of straw delivered during the seasonal core period (harvest); 3. 5,000 tonnes export of re-stock / topping up straw.

20 Page - 36 1.11.5 The assessment of such residual movements included within the submitted Transport Assessment has been based on all export / re-stocking HGV trips taking place over an 18 week April - July period. This models the facility being used as a 'reserve' for that period at the end of the 'straw year' furthest from the harvest period, when direct supply from local farmers is likely to have been used up (i.e. when farms wish to empty storage areas and when farm based material would have begun to deteriorate in quality).

1.11.6 On the basis of the operation of 18.5 tonne payload import / export vehicles for such movements, combined straw export / re-stocking demand over the 18 week window could be expected to generate an average daily HGV demand of circa 17-18 vehicles (34-36 movements in + out).

1.12 Operating Hours and Employment

1.12.1 Straw deliveries to the Fulbeck development would be undertaken 'by appointment' (to enable proper site management, including for the availability of staff and the efficient use of vehicle loading /unloading machinery), and as such are to be spread evenly throughout the working day at the site. It is proposed that the site would be open to deliveries (imports to the site and exports to the REP) during the following hours:

1. Monday to Friday: 07.00 to 19.00; 2. Saturdays: 08.00 to 14.00; 3. Sundays and Bank Holidays: Closed.

1.12.2 It should be noted that deliveries to the REP are restricted by planning condition 18 of North Kesteven planning permission 11/1316/VARCON outside these hours.

1.12.3 The proposed hours of operation for the Site are envisaged to generally coincide with those set out for deliveries, however, during peak months (harvest), the longer daylight hours in the evenings may wish to be utilised for the logistics of organising imported straw within the site.

1.12.4 It is anticipated that general operation of the development would involve direct employment of three full-time equivalent staff at the Site - one weighbridge operator, and two operatives unloading / stacking / reprocessing bales.

1.12.5 Indirect employment in the form of 'field managers', hauliers/balers, and (retained) employment within agriculture would also be a consequence of the Proposed Development.

1.13 Access and Egress Arrangements

1.13.1 Main operational vehicle access to the Fulbeck Airfield site is via a gated service road linking to the local distributor road of Stragglethorpe Lane. The service track is tarmac surfaced and is typically of 6.0m width, allowing for the two way operation of large service vehicles - although the route narrows to a width of circa 5.0m at the gate access point itself (located circa 17m back from the edge of the Stragglethorpe Lane).

1.13.2 Incoming vehicles would enter the site and would be subject to standard duty of care procedures (i.e. recording at the weighbridge and instruction as to the proposed pad storage area to be utilised). Following this, vehicles would travel along the internal circulation roads in order to reach the relevant storage pad.

1.13.3 Following the completion of loading/unloading of straw at the proposed facility vehicles would then travel along the internal circulation roads in order to reach the egress onto Stragglethorpe Lane.

1.13.4 An additional hard core / concrete surfaced connecting track serving the Airfield is available circa 240m to the south of the main access point. This access is currently utilised for occasional trip movements associated with the kart track located to the south east of the airfield site and is also gated and would not be utilised by straw storage operational HGV or staff traffic. 21 Page - 37 1.13.5 It is proposed that the operation of the development would be supported by the improvement and continued management of lateral and forward sightlines at the main Fulbeck Airfield access point to Stragglethorpe Lane, through the removal of a slender 'triangle' of young plantation woodland vegetation adjacent to the site access. Such visibility improvements are proposed to enhance the safety and efficiency of regular HGV delivery operations to / from the site.

1.13.6 Beyond Stragglethorpe Lane, straw imports to the site would generally be from north Lincolnshire - straw being sourced from farms focussed within a radius of 20/30 miles from the site.

1.14 Proposed Site Management Measures

1.14.1 Security Fencing and Gating

1.14.1.1 The proposed facility is located entirely within the current boundary of the Site which is already securely fenced and gated. No additional fencing or security measures are proposed.

1.14.2 Landscaping

1.14.2.2 No significant soft landscaping is proposed.

1.14.2.3 Where it is proposed to remove vegetation to facilitate improved sightlines, the applicants propose a suitable wildflower and grass seed mix to be sown on the cleared and prepared area. All retained trees would be protected during construction works in-line with BS 5837:2012 Trees in relation to design, demolition and construction.

1.14.3 Site Operational Management Plan

1.14.3.1 A Site Operational Management Plan (SOMP) would be implemented for the proposed storage operation, the purpose of which would be to manage and report measures designed to minimise both operational and traffic related environmental effects of the storage of straw.

1.14.3.2 The delivery of measures forming part of the SOMP are secured and controlled by a planning condition.

1.14.3.3 Initiatives as part of the SOMP would include measures to: prevent negative effects from HGV movements; mitigate nuisance from straw debris, and; avoid negative impacts to ecology. It is proposed that measures would include the following -

1. Limiting daily HGV movements; 2. Straw load management procedures; 3. Regular street sweeping during periods of straw export (to Stragglethorpe Lane); 4. Tree cutting (of overhanging branches to Stragglethorpe Lane); 5. Timing of import / export movements; 6. Driver code of courtesy / good practice; 7. Pollution prevention measures; 8. Regular drainage ditch maintenance; and 9. Visual inspection of stacks prior to dismantling or removal of any stacks during the breeding season (March to August inclusive) to establish if barn owl are roosting or nesting within the stack.

2.0 Relevant History

2.1 No relevant planning history

22 Page - 38 3.0 Policy Considerations

3.1 National Planning Policy Framework (NPPF) Section 1 - Building a strong, competitive economy Section 3 - Supporting a prosperous rural economy Section 4 - Promoting sustainable transport Section 7 - Requiring good design Section 10 - Meeting the challenge of climate change Section 11 - Enhancing the natural environment Section 12 - Enhancing the historic environment

3.2 South Kesteven District Council Core Strategy Policy SP4 - Developer Contributions Policy EN1 - Protection and Enhancement Policy EN2 - Reduce the Risk of Flooding Policy E1 - Employment Development

4.0 SKDC Corporate Priorities  Grow the economy

5.0 Representations Received

Historic England The application should be determined in accordance with national and local policy guidance, and on the basis of our specialist conservation advice.

Parish Council Fenton Parish Council Objects most strongly to the above application on the following grounds: 1. The size of the proposed straw stacks would have a significant, dominating and overpowering impact on the local landscape 2. The proposed straw stacks would have a serious impact on heritage assets or their setting 3. The impact of HGVs along the C001 4. Cumulative impact on HGV traffic of wind turbine application along the C001 5. The wind turbines juxtaposed to several of the proposed straw pads. We have now reviewed the letter from axis dated 23 November 2015 and note that whilst they have now consulted with EnergieKontor regarding the cumulative effect and the juxtaposition of turbines 9 & 10 and their requested straw pads 1, 2 & 3; there is no substantial change that would alleviate the overwhelming impact that this application would have on Fenton Village and the surrounding villages. To that end our original concerns remain and Fenton Parish strongly objects to the above application and wish to add the following additions to our original 23 Page - 39 objection. 1. The size of the proposed straw stacks would have a significant, dominating and overpowering impact on the local landscape. The removal of straw pads 1,2 & 3, should planning approval be granted for the EnergieKontor 10x110 metre wind turbines, would not reduce the scale of the impact of the remaining straw pads on the local landscape. Moreover, it is clear from the letter that a further application would be submitted to find alternative storage capacity - presumably on Fulbeck Airfield. Hence, there is really no significant change at all. To Fenton Parish this appears to be looking to gain planning application by stealth - half now and half later. Moreover, if both applications are approved the cumulative damage on the landscape would be enormous. 2. The proposed straw stacks would have a serious impact on heritage assets or their setting. Our objections remain in place for the impact on heritage assets and their setting. Having spent time reading into the EnergieKontor planning application, in particular the heritage and landscape consultants assertions that there will be only minimal impact, it is astounding that in the axis letter they use the EnergieKontor assertions to try and convince the planning authority that their application would have no impact on either the landscape or historic, heritage assets that surround Fulbeck Airfield. Fenton Parish Meeting is a signatory to the ReVOLT & VETO objection that was submitted to Nigel Bryan - planning officer responsible for the EnergieKontor application - in late October 2015. In that objection there is ample evidence that EnergieKontor has only made a superficial attempt to justify its case regarding landscape and heritage. Hence, Fenton Parish requests that you liaise with Nigel Bryan to ensure that you are fully aware of the concerns raised regarding the ES for the EnergieKontor application. We also request that you reject this application on grounds of significant damage to the local landscape, the surrounding heritage assets and their setting.

3. The impact of HGVs along the C001. I will not detail here our previously registered concerns regarding HGVs 24 Page - 40 along the C001. However, it should be noted in the axis letter that they are using the EnergieKontor transport submission to help allay concerns around the cumulative impact on the local roads by the increase in HGVs. Again, the ReVOLT & VETO objection highlights serious misrepresentation in the EnergieKontor ES regarding the numbers of HGV required to support the construction phase. The disparity is so large that we understand that Nigel Bryan has requested that EnergieKontor supply more detail around their assertion that there will only be and average of 11 two- way HGV movements per day, spread over a proposed 12 hour construction window, during the 5 months construction phase. Figures supplied by a fully qualified civil engineer, with experience working for LCC Highways has expressed his serious concerns that the estimates provided for HGVs by EnergieKontor is only a third of the real number of two-way movements required during the construction phase. The figures supplied by the civil engineer have also been corroborated by the retired owner of a major concrete supplier in the local area who has previously supplied concrete for wind turbine bases. Consequently, we ask that you again liaise with Nigel Bryan to determine the actual requirement for HGVs that will be required to use the C001 during the construction phase of the wind turbines and the movement of straw in and out of Fulbeck Airfield. Again, Fenton Parish objects most strongly to this application on the grounds that the increase in HGV traffic would be unacceptable on the ground of road safety, excessive noise due to the movement of HGVs and the impact on already failing local roads.

Hough on the Hill Parish Council Objects to the application due to the negative impacts on road safety and the landscape. The points they raise are as follows: 1. Fully loaded straw continues despite claims it has stopped 2. 19 vehicles left the site in February when details say all export will happen Apr-Jul 3. There has been minimal consultation or publicity 4. Application is contrary to Policy SAP4 25 Page - 41 as it does not respect the character and appearance of the local and landscape and will negatively impact on existing neighbouring uses through noise, traffic and pollution. 5. Change of use could become permanent and lead to other industrial operations on the site 6. 10m structures are angular and would become obvious features in the flat farmland thereby altering the landscape character 7. Large stacks will impact on panoramic views across the Trent Valley from the Lincoln Cliff 8. Requests independent monitoring of Barn Owl activity throughout the season 9. Main concern is about the amount and nature of HGV traffic that would be generated 10. Parish Council has included accident data 11. Extra 38 movements a day would amount to an overall increase in HGV/ bus traffic of 58/66%. 12. Many local residents have had near misses with loaded straw trucks. 13. Height of the loaded trucks force them into the middle of the road, either to avoid tipping overdue to potholes and damaged verges or because of overhanging trees 14. Cleaning of local roads is required due to straw spillage which decomposes into a slippery paste. 15. Cumulative impacts of this and the windfarm application need to be considered

Stubton Parish Council Would like to make the following points in relation to the application: 1. Concerned how the height of the stacks will impact on views out of the village towards the Edge as highlighted within the Neighbourhood Plan, Policy B1. Lowering the heights would doubtless improve the situation as would utilising the hardstanding more towards the north of the site 2. Major concerns about the safety of very large slow moving vehicles joining the road. Requests that applicants restrict the number vehicle movements to 20 per day. The C001 is narrow running through small settlements and seems ill suited for the proposed size of vehicles. A dedicated access may be better constructed from the A17 nullifying the danger and 26 Page - 42 disruption for local residents. 3. 18 tonne loads are being transported through Stubton village 4. Straw has been taken from Fulbeck Airfield via Brandon then Stubton and on to Fenton for further storage 5. The Parish Council has submitted photos showing tree damage and straw spread across the roadside as well as locations of roads the vehicles are using. 6. This evidence directly contradicts the statement in the planning application that states that the vehicles taking straw to and from Fulbeck would be limited to the C001 and the A17. 7. Damage to roads, verges and bordering vegetation along with the resulting residual debris constitute a major hazard to other road users. 8. The scale of the loads needs to be appropriate to the roads on which they are being transported and what is appropriate for the A1 or A17 not for single track roads that run between Stubton and Dry Doddington 9. The Parish Council ask for very stringent and enforceable conditions should the committee see fit to grant this application, particularly with regards to the size and frequency of loads and a requirement for local roads to be regularly cleaned and maintained.

Brant Broughton and Stragglethorpe Parish Council Would like to make the following points in relation to the application:

1. The straw is blocking the drains causing flooding on the road especially on the corner outside Brant House, straw on the footpath making it slippery especially when wet, straw blown into hedge bottoms in significant quantities causing a litter hazard. In our submission we stated that ECO2 are providing a road sweeper twice a week. This was not adequate for the road sweeping, didn't sweep the footpath & couldn't access the hedge bottoms. 2. SKDC decided that EIA wasn't required. To date we haven't seen any good reasons why this decision was taken. Our concerns are that if we were ignored last time are we going to be ignored again despite requesting a response to our previous submission. As the Parish Council that represents the 27 Page - 43 residents of Stragglethorpe, Why are we being ignored? 3. It is clear from the objections raised by the many residents of Stragglethorpe to the BB&SPC that the road through Stragglethorpe is not suitable for such HGV traffic in the numbers required to make this site viable. The application quotes accident data stating no HGV's have been involved in a Road Traffic Collision (RTC) in the last 5 years. Most RTC's quoted have been down to excessive speeds with no HGV's involved. However it would appear that the applicant has been economical with the facts. In the last 10 years on this road there have been 2 fatal accidents in 2006/8. Also an HGV lost control, skidded & turned over on the bend opposite Brant House, with the driver being taken to Hospital in 2006. 4. The final summary paragraph (7.29) on the Transport Assessment states that the granting of this application will be negligible in scale compared to the "Do Nothing" of HGV's travelling along this route. Clearly the author hasn't been & travelled down from the A17 through the village of Stragglethorpe to the site & seen the deteriorating state of the road due to the increase of their negligible increase in HGV traffic. It is also clear the author has only looked at the glossy pictures provided which don't show any straw debris left by their HGV traffic. 5. The assessment states that the "dust/dirt/straw" loss being mitigated by appropriate support measures with the local Highway authority. It was only when the BB&SPC asked ECO2 to a Parish Council meeting that anything was done to the initial dropping "dust/dirt/straw loss". What confidence will are residents get from the applicants proposal to liaise with the Highways Department? Should the Planning Committee be minded to grant the application then we request that they should consider imposing Section 106 payments on the applicant to make the road suitable for such traffic by widening the road so it is the same width as the C001 from Brant Broughton to Lincoln. The applicant should be instructed (as a minimum) to do this from the Brant Road, Fulbeck Low Fields, junction opposite the Chicken Farm to the 30MPH sign to the south of Stragglethorpe. Then from the 30MPH 28 Page - 44 sign north of the village to the junction with the A17. We would also request that Section 106 is considered for the amount of "dust/dirt/straw loss" that the applicant acknowledges will take place.

Fulbeck Parish Council Would like to make the following points in relation to the application:

1. There must be a main access. Vehicles must be able to pull on to the narrow road without crossing the centre line 2. There has been damage to pavements and verges along all connecting roads which are not built for HGV's. 3. Vehicles use the smaller connecting roads to the C001 despite signs saying "Not suitable for HGV's" 4. Access to the A17 with slow long HGV's and trailers will be difficult 5. Access from the A17 both east and west would be difficult 6. Vehicles have to cross the A1 at Marston 7. With the lorries not netted there is loose straw scattered along the highway which causes blockage of the drains and gullies, which then in wet weather, causes flooding. A once a week clearance is recommended, but it should be three times a week. 8. The heavy vehicles are breaking up the pavements and drains 9. If permission is granted it must be cleared off the site within 3 months should the Sleaford Power Station close. 10. There will be added transport problems if the windfarm is permitted 11. A touring caravan application (Fulbeck Waters) was turned down because of the inadequate narrow roads which would have been used for access to the site. 12. To date, three people have been killed on the C001.

Caythorpe and Frieston Parish Council

Caythorpe and Frieston Parish unanimously agreed to object to the subject planning application for the reasons outlined below: Questions why the facility cannot be at the location of the power station in Sleaford. Storage of such a high volume of straw in such a rural setting brings with it major highway, landscape and environmental impacts. 29 Page - 45 Highway Issues 1. The roads around Fulbeck Airfield are narrow and completely unsuitable for such types and volumes of traffic. 2. The increase in HGV traffic over the past number of years has resulted in damage to footpaths, verges and carriageways as well as presenting an ever increasing traffic hazard to other road users with cars being forced off the road. 3. There have been 3 fatal road accidents on the relevant section of Brant Road from Stragglethorpe to its junction with Gorse Hill Road. 4. Additionally, an enormous volume of straw is regularly lost from each load which gets deposited on the highway. This creates further traffic hazards as well as blocking local highway drains and the A17 (T) from Brant Broughton Cross Roads Leadenham and Sleaford by passes to the turn at Kirkby La Thorpe. 5. In the winter with water not being able to drain away the problem of icing increases the risks to motorists on roads which are already very hazardous. Vehicles laden with straw on their way to the present unauthorized straw repository at Fulbeck have been seen on the local road network e.g. at Hougham, Hough-on- the- Hill and Caythorpe 6. The introduction of straw stacks in such height/numbers will have a detrimental effect on the rural landscape. Whilst straw stacks are a feature of the country side, the volume that will be created if this application is approved will change the rural landscape of the area in a negative way to a landscape of an industrial character. 7. The council has already experienced problems created by the unauthorized straw storage over the past few months including smell from the rotting straw, blocked drains and the increase in vermin. The straw ages over time and is no longer suitable for burning and will be left to blight the local landscape. The risk of accidental (and regrettably sometimes malicious) fire to very combustible material means that all areas of the site must be covered by fire precautions arrangements. 8. The application to use Fulbeck airfield to store the fuel (straw) for a power station located over 10 miles away in Sleaford cannot be justified. The volume of 30 Page - 46 vehicles needed will swamp the already inadequate road network and presents significant highway safety issues to all road users. It will increase the road maintenance bill for the highway authority and present major environmental problems as a result of the straw debris blocking the drains. Finally, the views from the across the area will be severely compromised in what is currently a relatively unspoilt landscape. For all of these reasons the council opposes this planning application.

Environmental Protection Services No objections.

Brant Broughton & Stragglethorpe No Comment Received. Parish Council

LCC Highways & SuDS Support No objection subject to the final approval of a Site Operational Management Plan and developer contributions towards future drainage clearance on the A17 and footway improvements in Stragglethorpe.

Heritage Lincolnshire No archaeological intervention is required.

Upper Witham Internal Drainage Consent from board not required. Board

Environment Agency No objections subject to a condition ensuring the development is carried out in accordance with the FRA.

Highways Agency No objection

Natural England No comments to make. Refer to standard advice.

North Kesteven District Council North Kesteven District Council

The Council welcomes the opportunity to comment on the above-mentioned planning application. This is an application submitted by the owners of the Sleaford Renewable Energy Plant (REP) to secure storage and distribution of straw bales for use as fuel supply for the Renewable Energy Plant. Although the plant at Sleaford has two covered storage barns on site to which straw is constantly supplied, the owners have outlined how it is a vital requirement to have additional storage areas where straw can be stockpiled in order to ensure that they can maintain a "steady state" supply of straw to the plant. The Fulbeck site has been identified as a Strategic 31 Page - 47 Straw Storage Site in this respect. Having such a facility can ensure that a regular supply of straw can be maintained to the plant thus ensuring no down time as a consequence of weather conditions, harvest time etc. The Sleaford Renewable Energy Plant represents a major investment into the local economy. The plant supports approximately 80 jobs directly and in the supply chain, and invests significant sums of money into the Lincolnshire economy each year. The plant generates power to the National Grid to meet the energy needs of up to 65000 homes and also provides free heating through a district heating system to a number of public facilities. The REP is therefore an important economic asset for the county and the security of supply of straw is a material consideration capable of carrying significant weight, the principle of the delivery of renewable energy being supported by reference to paragraphs 17, 18, 19 & 63 of the National Planning Policy Framework. However, whilst the principle of having an off-site strategic storage site is welcome, we recognise that there will be site specific issues to be considered. This Council is satisfied that the proposal, which is part-retrospective, will not adversely affect the visual amenities of residents living in North Kesteven. There are a number of hedgerows and mature trees between North Kesteven residents and the application site, which sufficiently screen the land and reduce the visual impact of the straw bales.

6.0 Representations as a Result of Publicity

6.1 32 letters of representations were received as a result of the public consultation period raising the following points:

o Road loading through Stragglethorpe to the A17 must be reduced o Increase noise and vibration from frequency and size of vehicles o Large numbers of heavy vehicles pass through Stragglethorpe o Cars are having to back up around tight bends to make way for the large vehicles o Very sharp bends in Stragglethorpe are a danger to large long vehicles o Vehicular movements start before 7am and continue past 8pm o Each load of straw generates four dangerous journeys, one inward loaded, one outward empty, one inward empty and one outward loaded. o Area has large vehicular movements at weekends due to the Go-Cart track o The road is too narrow for two HGV's to pass safely and verges are in poor condition 32 Page - 48 o The paths through Stragglethorpe are too narrow and large vehicles passing through are a danger to pedestrians o Two vehicles have already turned over in the village o Large vehicles are damaging the road causing pot holes. o Straw is leaving the village untidy and is cascading from the lorries in gardens and onto paths from road vibration or from hitting the branches of trees whilst in transit o The transportation of the stacks to such a height is damaging trees on the route o Straw is swept up regularly from the highway o Straw affects the salt in icy weather causing a traffic hazard. o The straw is blocking the highway drains flooding the roads o Lorries make dangerous manoeuvres crossing the A1 o There is an increased road safety danger at the junction with the A17. o There has been fatalities close to the site entrance o Straw should be stored closer to the Power Station o Straw is a fire hazard o There is a risk of bombs and numerous explosives from the previous airfield. o May impact on human health from dust in the air o The straw is collected from other areas of the UK so not having a minimal Carbon footprint o 20,000 tonne, 10m high Stacks of straw are an eyesore o Not in keeping with the location o This is an industrial site in a rural setting o The area has a number of historic houses and churches. Straw ' Tower Blocks' dominate the landscape and change the entire historic and rural nature of the views. o Additional traffic disruption will impact on leisure pursuits o Cumulative impact of proposal and the windfarm will industrialise this rural agricultural location o The straw stacks are a nesting site for Barn Owls and other protected species o A Section 106 should be imposed for road improvements

7.0 Relevant Site History

7.1 Fulbeck Airfield Planning History

7.1.1 SK.1780/79- Notice of proposed development on Crown Land (refer Circular 7/77) - Change of use to Army training area: Objection

7.1.2 SK.961/80 - Notice of proposed development on Crown Land (refer Circular 7/77) - Change of use to Army training area: Objection

7.1.3 SK.1424/90 - Use of land for karting: Approved

7.1.4 S00/00482- Full Planning Application - Extension of existing use of kart racing facility and siting of two portable buildings (the application sough to extend the number of days of operation from 24 Sundays a year to 38 days per year) - Planning Permission Refused 1st August 2000. It was considered by the Planning Authority that the proposal as submitted would be detrimental to the amenity of occupants of nearby residential properties by reason of noise and disturbance and contrary to policies contained within the South Kesteven Local Plan. Moreover, it was not considered that there are any mitigating measures available to overcome the problems associated with this activity

7.1.5 S00/TEL/13 Prior Notification - Erection of monopole (BT): Approved 27th July 2000

7.1.6 S00/1257 Notice of proposed development on Crown Land under TCPA 1984 (refer Circular 18/84) - Retention of ablution and storage buildings: Approved conditionally 22nd January 2001 (temporary consent)

33 Page - 49 7.1.7 S01/0850 Notice of proposed development on Crown Land under TCPA 1984 (refer Circular 18/84) - Change of use to Army training No objection (approved 03rd September 2001) 1607-01 FULBECK SSS PLANNING STATEMENT AUGUST 2015 11 facility

7.1.8 S02/0836 Notice of proposed development on Crown Land under TCPA 1984 (refer Circular 18/84) - Retention of existing temporary structure: Approved conditionally 25th July 2002 (temporary consent)

7.1.9 S06/0402 Notice of proposed development on Crown Land under TCPA 1984 (refer Circular 18/84) - Retention of ablution block: Approved conditionally 02nd May 2006 (temporary consent)

7.1.10 S13/3303 Scoping Opinion for 13 turbine wind farm (126.5m maximum height) Scoping response issued 30th January 2014

7.1.11 S14/1417 Full Planning Application - Erection of anemometer mast up to 60m in height for a temporary period for 3 years: Approved conditionally (temporary consent, 3 years)

8.0 Evaluation

8.1 Principle of the use

8.1.1 The development proposal is for the storage of an agricultural bi-product on agricultural land and can be considered to be a diversification of an existing farm business.

8.1.2 Policy SP1 states that planning permission will only be granted on a less sustainable site where it has been proven that there are no other more sustainable options available or there are other overriding material considerations.

8.1.3 This proposal is in support of a renewable energy scheme and it is considered that this constitutes an overriding material consideration.

8.1.4 NPPF Policy 10: Meeting the Challenge of Climate Change, Flooding and Coastal Change identifies at paragraph 98 states that when determining planning applications local planning authorities shouldn’t require 'applicants for energy development to demonstrate the overall need for renewable or low carbon energy' and also: 'recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions and approve the application if its impacts are (or can be made) acceptable.'

8.1.5 The storage of straw would not be acceptable within or in close proximity to a built up area and is considered to be a conforming use within this rural location. Furthermore, due to the operational requirements, fire and health and safety risk such operations are more suited to locations such as this as opposed to towns and villages.

8.2 Impact of the use on the character of the area

8.2.1 A Landscape and Visual Impact Assessment has been submitted as part of the application. the site lies within the Trent and Belvoir Vale character area as identified in the South Kesteven Landscape Character Assessment.

8.2.2 A series of measures have been incorporated to provide mitigation against potentially adverse landscape and visual effects. These measures include:

1. The siting of straw stacks on existing hard standing pads 2. The siting of straw stacks on pads adjacent to woodland planting 3. The siting of straw stacks away from outer pads and away from the eastern perimeter of the site.

34 Page - 50 4. Use of an existing fenced and floodlit compound area for reception and welfare activities and the siting of the weighbridge 5. The location of 'tops' storage, which is anticipated to be more irregular in physical form and might be support greater logistical activity, in a central part of the airfield where vegetative screening is strongest 6. The imposition of a height limit to storage stacks to 10.0m, broadly equivalent to 8 bales. 7. No use of covering materials 8. No use of lighting

8.2.3 Whilst it is acknowledged that the straw stacks at the number and scale proposed would have some visual impact, their presence is not considered inappropriate or incongruous in the rural landscape. The stacking of the bales is to be conditioned to not exceed the maximum 10.0m height specified within the supporting documents.

8.2.4 The associated buildings such as the portable welfare facilities and weighbridge, are considered to be minimal in size and in locations which cannot be readily viewed from outside the site.

8.2.5 It is considered that the development would not have a significant adverse impact on the landscape character or to visual amenity. As such the development is considered to be in accordance with the requirements of Policy EN1 of the South Kesteven Core Strategy.

8.3 Impact on the neighbouring properties

8.3.1 The storage areas proposed are sited within the site so as to be spread out to reduce the visual impact and to avoid large quantities of storage in proximity to the main road frontage. Notwithstanding these measures the pads are a substantial distance from any residential dwelling and it is considered that there will be no severe impacts on neighbouring properties in terms of visual amenity.

8.3.2 Conditions have been attached to control the operating hours though due to the nature of the operation and location it is not considered that the site would generate unacceptable levels of noise emissions which may impact adversely on residential amenity.

8.3.3 Concern has been raised about the impact of large vehicular movements and the dispersion of straw. A condition has been attached which requires the submission of a Site Operational Management Plan which will include details of measures to prevent negative effects from HGV movements and mitigate nuisance from straw debris.

8.4 Highway issues

8.4.1 A Transport Assessment has been submitted as part of the application.

8.4.2 Lincolnshire Highway Department have requested a condition which requires the submission of a Site Operational Management Plan. This document requests Limiting HGV levels and timing of import / export movement. A condition has also been attached in relation to the submitted plan showing the removal of trees and hedging to the north of the site entrance which will improve sight lines for vehicles exiting the site.

8.4.3 The application is for 25000 tonnes of straw, and from this, based on a series of assumptions, such as seasonal periods (in summer, out in winter), routing, working hours a daily number of HGV movements has been derived. The percentage change resulting from these assumptions is shown in Tables TA6.1 and TA6.2. The proposal of Site Operational Management Plan would be to ensure that these assumptions are realistic and monitored. With the current assumptions the percentage increase is estimated at 2.67%, the assumptions made would therefore need to be out by a combined factor of 2 before Lincolnshire County Council might request that the junction capacity is tested. Therefore, it is considered that an operational plan would suffice.

35 Page - 51 8.4.4 Conditions have been attached in relation to some of the assumptions in the Transport Assessment e.g. Restrict import/exports to periods:

August - October (16 weeks): Import of straw to site April - July (18 weeks): Export of straw and limited re-stock.

and : limit the hours of operation.

8.4.5 Representations have been received regarding problems on the stretch of road through Stragglethorpe which is narrow and has a dual bend road formation. Cars have to back up, reversing through the bends on meeting these large vehicles. The large vehicles are also reported to be entering the pavement in this location to allow passing, as the road is narrow, which is of a concern to pedestrians.

8.4.6 The alignment of the bends in Stragglethorpe requires drivers to reduce speed and HGVs do need to cross into the opposing lane to manoeuvre around the bend. This is an existing problem which will get worse with the additional HGVs from this development proposal. However, it is not inherently unsafe, vehicle speeds are slow and in some cases vehicles may need to reverse or mount the pavement to pass. Lincolnshire County Council have requested that the footpath be strengthened such that when HGVs do mount the footway it is capable of withstanding the load. The number of pedestrians is light in this area and with the low speeds, it can be assumed that if drivers need to mount the kerb to pass oncoming vehicles they will wait until no pedestrians are in the vicinity.

8.4.7 Comments have been received that large vehicles loaded with straw are crossing the A1 at Marston. Highways England have been consulted in relation to the proposal and in particular this point and has no objections.

8.4.8 Concern has been expressed that the straw has been taken from Fulbeck Airfield via Brandon. Brandon Road and Stubton Road are similar lane roads to Stragglethorpe Lane, Fenton Road is narrower. HGVs are not restricted along these roads and therefore movements along these roads is not per se unacceptable. There may be a point where the quantum of vehicles would become unacceptable without mitigation, but the Transport Assessment indicates that changes in HGVs on these roads would be minimal (16 HGVs per day south of the site). Most of which goes to Marston, but if some were to go to Brandon/Stubton it may 3-4 HGVs.

8.4.9 Objections have been received stating that vehicles seem to be damaging trees on the route. HGVs will damage trees on rural roads and it is the Highways Authority's responsibility to maintain the verges and vegetation within their control. The vehicles required in relation to this operation are no different to vehicles which can already use these roads. Lincolnshire Highway Department do not think any particular mitigation measure are necessary for this development relating to trees and vegetation.

8.4.10 In response to the various Parish comments to highway matters. The volume of traffic associated with this development is 40HGVs per day. Stragglethorpe Lane has a 12hr flow of 1400 vehicles including 80 HGVs, it is therefore considered that a further 40 HGVs per day would be unacceptable in either capacity or safety terms.

8.4.11 Straw lorries shed some straw, more noticeably at higher speeds (as on the A17) and LCC have therefore requested a S106 contribution to provide for cleaning costs associated with this impact.

8.4.12 The alignment in Stragglethorpe does sometimes require vehicles to mount the kerb to pass, this currently happens and a S106 contribution has been requested to strengthen the footway such that it can withstand this, which will occur more frequently as a result of this proposal.

8.4.13 It is standard Government Guidance for Transport Assessments to consider accident statistics for the last 5 years. The applicant has done this in the TA and there is not an accident problem in the area. The references to fatal accidents in 2006 and 2008 fall outside of this period. There 36 Page - 52 is also no discernible pattern to the accidents nor do they relate predominantly to HGVs on Stragglethorpe Road.

8.5 Ecology

8.5.1 An Ecology Appraisal has been submitted with the application. Concern has been raised regarding the impact of the proposal on birds and bats.

8.5.2 In accordance with the recommendations of the report, hardstanding areas will be visually inspected by a competent person for any nests or evidence of nesting birds being present before creating a new stack, if this takes place in the nesting season. No stacks will be created where active nesting is taking place, and the advice of an ecologist will be sought where necessary.

8.5.3 The proposed stacks are likely to be present for extended periods of time and therefore have the potential to be used by Barn Owls (if present in the area). As a precautionary approach, to ensure that no disturbance occurs which could affect barn owls, a careful visual inspection will be undertaken before any stacks are dismantled or removed during the breeding season (March to August inclusive) to establish if barn owls are roosting or nesting within the stack (typically at least 3.0m above ground level).

8.5.4 Habitat enhancement will include the installation of bird boxes within vegetation along the margins of the site and will provide additional habitat and encourage breeding birds. Boxes for barn owls will also be erected on suitable trees or on poles to provide suitable nesting and roosting locations as more attractive alternatives to the straw bales. Final details in relation to these bird boxes will be secured through conditions.

8.6 Impact on Heritage Assets

8.6.1 The application proposes the bulk storage of straw bales on a redundant WWII airfield on flat land three miles to the west of Fulbeck village.

8.6.2 It is identified on the Historic Environment Record as an undesignated monument. Some of the former runways are nowadays used as a Kart Racing circuit.

8.6.3 Stragglethorpe to the north and there are other isolated assets and ensembles in the nearby small settlements of Stubton and Brandon. The assets of the highest significance in this locality are the grade 1 listed churches at Stragglethorpe and Fenton.

8.6.4 The fact that the use is already operating makes it easier for an assessment to be made of the visual impact of the stacks of bales on the wider surrounding area.

8.6.5 The bales are to be stored in seven different locations around the former airfield and the only buildings and structures needed in support are a weighbridge, Porta-loo and a temporary 'welfare' building.

8.6.6 Section 66 of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990 requires local planning authorities when considering whether to grant planning permission to have special regard to the desirability of preserving a listed building or its setting.

8.6.7 Stacks of straw bales are a common features of a rural landscape and these can be quite substantial nowadays, as indeed are some of those for which permission is being sought. Their overall mass will be reduced, however, by storage being spread out on different parts of the former airfield. Furthermore, whilst the stacks of bales are seen in some distant views of the heritage assets mentioned above, any harm to their setting can only be described as less than substantial as the setting of the heritage assets in the locality will not be unduly compromised by the proposed development. In such circumstances the NPPF requires that any harm needs to be weighed against any public benefits arising from the proposal which in this case is the use of the bales as fuel for a Renewable Energy Plant at Sleaford. 37 Page - 53 8.6.8 It is considered that in this instance the public benefits outweigh the less than substantial harm.

8.7 Other Matters

8.7.1 Representations have been received in relation to the accumulative impact of the straw storage facility and an existing application for a Wind Farm consisting of 10 wind turbines, each up to 110m to the blade tip, and associated infrastructure (S15/1764).

8.7.2 There is some overlap between the statutory red line boundaries and the following development components of each application:

1. Turbine 10 would be located such that the turbine blades would potentially over-sail parts of the proposed straw storage pads 1 and 2. 2. Ecological mitigation is proposed in the vicinity of turbines 9 and 10 to reduce the attraction of the area of foraging bats, comprising the management of vegetation to maintain a short sward height. This area would include proposed straw storage pads 1, 2 and 3.

8.7.3 The applicants have confirmed that should the wind farm be consented and implemented as proposed then the storage of straw would cease on pads 1, 2 and 3. Should the wind farm be approved and implemented then an alternative storage location would require a further planning application which would give the authority opportunity to assess and comment.

8.7.4 This is not an issue that is considered to weigh against or delay the determination of this application.

8.7.5 Regarding the cumulative impact of the two developments it is envisaged that should the straw storage facility be approved then this would be factored into the details of the wind turbine application. The construction traffic would be managed by the turbine developer so to avoid any temporary conflict with the straw import and exports most likely through the implementation of a Traffic Management Plan.

8.7.6 Regarding Ecology, the straw storage proposal includes for habitat enhancement measures to include the provision of bat roost boxes within areas of vegetation along the margins of the site. Due to the potential development of the Wind Farm the location of such measures would be to the north or east of the Airfield site to provide physical separation from turbine locations. The exact location of these measures can be secured through the discharging of an appropriately worded condition.

8.8 Conclusion

8.8.1 The storage of straw is considered to be an appropriate diversification use which contributes towards renewable, low carbon energy. The nature of the storage use is such that a location within or on the edge of a built up area would not be appropriate, due to scale of storage, operational requirements and the potential for fire risks that might be anticipated.

8.8.2 The development will not have a severe highway impact subject to the implementation of the requirements of the Section 106 Agreement which ensures drainage clearance on the A17 and footway improvements in Stragglethorpe.

8.8.3 The development will not have an adverse impact on neighbouring residential amenity and controls to avoid further impacts are to be secured through a Site Operational Management Plan.

8.8.4 The development will not increase the risk of flooding in the area and measures are proposed to ensure there will be no adverse impacts on protected species, in particular nesting Barn Owls and birds.

38 Page - 54 8.8.5 The development does not have a severe visual impact and will not impact adversely on the setting of local heritage assets.

8.8.6 On balance it is considered in this instance the public benefits outweigh the less than substantial harm caused by the development and as such the application is recommended for approval subject to conditions and the completion of a Section 106 Agreement.

9.0 Section 106 Heads of Terms

9.1 The operation of the site for straw storage earlier in 2015 resulted in straw debris being deposited on A17 which required additional drainage cleansing by LCC. In order to mitigate this, a Section 106 Contribution of £6000 per annum (indexed linked) for the 25 year duration of this application is requested towards future drainage cleaning on A17. A further S106 contribution of £15000 is requested towards footway improvements in Stragglethorpe. These S106 contribution requests comply with paragraph 204 of NPPF.

10.0 Crime and Disorder

10.1 It is considered that the proposal would not result in any significant crime and disorder implications.

11.0 Human Rights Implications

11.1 Articles 6 (Rights to fair decision making) and Article 8 (Right to private family life and home) of the Human Rights Act have been taken into account in making this recommendation.

11.2 It is considered that no relevant Article of that act will be breached.

11.0 RECOMMENDATION

11.1 Defer to Chairman and Vice Chairman in consultation with the Executive Manager for Development and Growth for approval subject to the signing of a section 106 agreement and in accordance with the conditions set out below. Where the section 106 agreement has not been concluded prior to the Committee a period not exceeding six weeks post the date of the Committee shall be set for the completion (including signing) of the agreement.

11.2 In the event that the agreement has not been concluded within the six week period and where in the opinion of the Executive Manager for Development and Growth acting in consultation with the Chairman of the Development Control Committee, there are no extenuating circumstances which would justify a further extension of time, the related planning application shall be refused on the basis that the necessary criteria essential to make what would otherwise be unacceptable development acceptable have not been forthcoming.

12.0 RECOMMENDATION: That the development be Approved subject to a Section 106 Agreement and the following condition(s):

Time Limit for Commencement

1 The development hereby permitted shall cease/be removed from the land and the land reinstated ion accordance with the approved scheme of reinstatement no later than 25 years from the date of this decision.

Reason: A permanent permission would be undesirable because the authority wish to have the ability to assess the on-going impacts of the development. 39 Page - 55 Approved Plans

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

i. Drawing Number: 1607-01-001 received on 2nd September 2015 ii. Drawing Number: 1607-01-002 received on 2nd September 2015

Unless otherwise required by another condition of this permission.

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

3 Within two months of the date of this permission final details of the access alterations as detailed on Drawing Number: 1607-01-002 received on 2nd September 2015 shall be submitted to and approved in writing by the local authority. The development shall be carried out in accordance with those approved details.

Reason: The authority are not in receipt of such details and wish to be in a position to assess visibility standards.

4 Within two months of the date of this permission final details of the welfare cabin and weighbridge, including appearance and siting, shall be submitted to and approved in writing by the local authority. Only those details agreed by the authority should be implemented on site.

Reason: The authority wish to assess such details in the interests of visual amenity

5 Within two months of the date of this permission final details of the type and location of bird nest boxes and barn owl boxes shall be submitted to and approved in writing by the local authority. The development shall commence in accordance with those agreed details.

Reason: In the interests of the protection of birds and barn owls.

6 Within two months of the date of this permission a Site Operational Management Plan will be submitted and approved in writing by the Local Planning Authority. The plan will include the following:

o Limiting daily HGV levels; o Straw load management procedures; o Street sweeping; o Tree cutting; o Timing of import / export movements; o Driver courtesy / good practice. o Pollution prevention matter o Regular drainage ditch maintenance, and o Visual inspection of stacks prior to dismantling or removal of any stacks during the breeding season (March to August inclusive) to establish if barn owls are roosting or nesting within the stack.

The development shall operate at all times with those agreed details.

Reason: The authority are not in receipt of such details and wish to be able to assess accordingly.

Ongoing Conditions

7 The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) for the use of land for straw storage and the installation of a mobile weighbridge and welfare facilities (included in the Planning Application Documentation - Fulbeck Airfield 40 Page - 56 Strategic Straw Storage Facility, August 2015) and the following mitigation measures detailed within the FRA: The Flood Warning and Evacuation Plan mentioned in the FRA shall be undertaken in order to address the residual risks of flooding at the site and to confirm the approach that will be taken for safe evacuation of the area. The mitigation measures shall be fully implemented within 2 months from the date of this permission and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, by the local planning authority.

Reason: To ensure safe access and egress from and to the site and to ensure the safe evacuation of the area in the event of a flood incident.

8 The development shall be carried out in accordance with the mitigation and measures detailed within Section 4 Discussion of the Preliminary Ecology Report by Avian Ecology received on 2nd September 2015.

Reason: In the interests of the protection of local ecology and habitats.

9 The pads indicated within the red line areas on Drawing Number: 1607-01-001 received on 2nd September 2015 shall store straw bales in accordance with' Table 3.1 - Anticipated Straw Storage Quantities' of the submitted Planning Application Documentation August 2015 and collectively not store any more than 20,000 tonnes of straw bales.

Reason: To exceed this amount of storage would have increased highway and visual impacts.

10 The stacking of straw bales shall not exceed a height of 10.0m.

Reason: The storage of straw bales at a height that exceeds this limit will cause unacceptable visual harm.

11 The premises shall not be used for the purposes authorised by this permission other than between the following hours:

i. 07:00hrs - 19:00 on Mondays to Fridays (other than bank holidays) ii. 08:00hrs - 14:00hrs on Saturdays iii. The use shall not operate on Sundays and Bank Holidays.

unless otherwise agreed in writing by the Local Planning Authority.

Reason: Operation of the use outside these hours would result in unacceptable levels of disturbance to local residents.

12 Importation of straw to the site shall only be carried out between the months of August and October inclusively.

Reason: For the avoidance of doubt.

13 The export and re-stocking / topping up of straw bales shall only be carried out for 18 weeks between the months of April and July.

Reason: For the avoidance of doubt.

41 Page - 57 42 Page - 58 Agenda Item 5c

NB1 S15/2846 Target Decision Date:4th December 2015 Committee Date:9th February 2016

Applicant Hartley/Munton, The Old Rectory, 2 Greatford Road, Uffington Agent Mr Jonathon Hartley, Jonathon Hartley Limited, 28 St Peters Street, Stamford, Lincolnshire Proposal Application to vary Condition 9 (parking provision) of permission S12/1562 Location High Lodge, Casterton Road, Stamford, Lincolnshire PE9 2YL Application Type Full Planning Permission Parish(es) Stamford Town Council

Reason for Referral to The application is locally controversial. Committee Recommendation Approved conditionally

Key Issues

Impact on highway safety Parking availability and reliability of the submitted parking survey Residential amenity

Key Documents

Parking Survey Location Plan Elevation and Layout drawings

Enquires about this report to: Nigel Bryan Area Planning Officer 6304 [email protected]

43 Page - 59 44 Page - 60 1.0 Description of site

1.1 High Lodge is a bungalow within a relatively large plot. The property is well screened from Casterton Road by two Magnolia trees to the front of the plot. In the rear garden is a detached garage with a mixture of planting, fencing and wall, between 2 and 3 metres tall, marking the rear property boundary. Within the rear garden there are a number of trees. There is a significant change in levels across the application site with the garage to High Lodge some 4.85m above the floor level of the bungalow. Vehicular access to the site is from Radcliffe Road and falls between 6 Rock House gardens and 21 St John's Terrace. A number of dwellings currently utilise this access point with an un-adopted road, in a poor state of repair, leading to the rear of High Lodge.

1.2 To the immediate west of the site is a footpath, locally known as the Donkey steps, that leads from Casterton Road to Radcliffe Road. Beyond the path and fronting Casterton road is a row of 6 attractive Victorian terraced properties.

1.3 Heading up the donkey steps toward Radcliffe Road there are two lines of terraces on the left hand side, St John's Terrace and 21-37 Radcliffe Road. It is understood that High Lodge, the three dwellings to the immediate east and 1-6 Rock House Gardens are built on the former gardens of Rock House, a Listed building. The immediate neighbouring property to the east, Ellesmere, is a two-storey dwelling with a first floor landing and bathroom window in the side elevation adjacent to the site.

1.4 The area is characterised by two-storey dwellings which are prominent in the locality.

2.0 Description of application

2.1 Planning application S12/1562 was granted permission on appeal on the 21 may 2013. The application was for the 'erection of three dwellings', following the demolition of an existing bungalow that currently occupies the site. Condition 9 of the permission, reproduced below, requires each of the three properties to have off street parking provision, as identified on the approved drawings. No reason has been identified for the condition, as Planning Inspectors are not required to do so, although it is assumed that the condition is to reduce on street parking. It is understood that the reason the application has been submitted is because of a legal covenant associated with the plot that restricts the number of properties that can be accessed from the private drive off Radcliffe Road, which serves a number of properties, including St John's terrace. For the avoidance of doubt the covenant is not a planning issue and the application needs to be assessed on its own planning merits.

2.2 Condition 9 - Prior to first occupation of the dwelling hereby permitted, the area shown on the landscaping scheme as being dedicated to car parking shall be laid out and brought into use as such. It shall be retained and used for no other purpose thereafter. The landscaping shall define the allocation of the spaces to the new dwellings and the spaces shall not be occupied other than in accordance with that approved scheme.

3.0 Relevant History

Reference Proposal Decision Date S12/1562 Erection of 3 dwellings Appeal In 21/09/2012 Progress

4.0 Policy Considerations

4.1 National Planning Policy Framework (NPPF) National Planning Policy Framework

45 Page - 61 Section 4 - Promoting sustainable transport

4.2 South Kesteven District Council Core Strategy Policy EN1 - Protection and Enhancement Policy SP1 - Spatial Strategy Policy H1 - Residential Development

5.0 SKDC Corporate Priorities

6.0 Representations Received

LCC Highways & SuDS Support The highway authority note receipt of the amended parking survey and letters of objection from local residents, however, whilst it is likely that there would be an increase in demand for parking spaces along Casterton Road this would not justify a refusal of permission. The changes proposed would not be detrimental to highway safety and whilst demand for on-street parking is likely to increase this would not be detrimental to highway safety.

Parish Council Strong objection given the resultant increase in on street parking.

Lincolnshire County Council - The adjacent footpath would not be Footpaths Officers affected by the application.

7.0 Representations as a Result of Publicity

7.1 At the time of writing a total of 35 letters of objection have been received to the application, a summary of their objections are reproduced below;

The parking survey is flawed in that parking zone B is not available for parking and skews the figures. The drawings are in-accurate and still show the parking in situ. Illegal parking will increase in the area. Zones C and D are 600m away and it would be too far to realistically expect residents to park and walk this distance home. The traffic survey was undertaken on a Wednesday, one of the quietest days of the week. An occupancy rate of 76 percent for zone A appears exceptionally low with a rate in excess of 90 percent more realistic.

7.2 It should also be noted that a petition has been submitted against the application. 51 people have signed the petition and it raises similar issues to those outlined above. In addition a week long parking survey was undertaken of the area identified as zone A, to the east of Casterton Road. The survey noted the number of spaces available at 9am, 5pm and 8pm, with only 2 spaces available at these times and whilst the number of vehicles parked may have been below 25 this was as a result of poor parking and '1/2 spaces' that were too small to park in.

46 Page - 62 8.0 Evaluation

8.1 Principle of the use

8.1.1 There is an extant permission in place for the development and the principle of development is, therefore, supported. The key issues, highway safety and residential amenity are considered below.

8.2 Impact on highway safety and residential amenity

8.2.1 The key issues with the application are considered to be the impact on highway safety and residential amenity. Submitted in support of the application was a parking survey, which was undertaken on 30 September 2015. The number of available on street parking spaces was recorded hourly along Casterton Road in four distinct locations identified as parking zones A, B, C and D. Zones A and B are closest to the application site and is the most likely location that would be used by occupiers. Zone B is available for parking with there being no parking restrictions identified in the area although this area is largely underused as to do so would reduce the width of the road, one of the main routes into Stamford, to single width. This is reflected in the parking survey with both zones A and B having 25 spaces available and an average parking rate of just 8 percent compared with 76 percent on the east side of Casterton Road. The availability of spaces in zones C and D, some 600m north along Casterton Road, is even higher with only 7.69 and 4.17 percent of spaces occupied.

8.2.2 It is clear that on street parking is a contentious issue in the area with a number of properties along Casterton Road not having off street parking provision. The parking survey indicates that the main area available for local residents has a take up figure of 76 percent, this figure is disputed by local residents who consider it to be higher, regardless, demand for the spaces on the east side of Casterton Road close to the application site is high. Whilst demand may be high it is noted by the Highway Authority that an increase in demand for on street parking would not raise highway safety issues. Illegal parking would need to be enforced by appropriate authorities and the test identified in the National Planning Policy Framework (NPPF) is that the impacts would need to be 'severe' to justify a refusal of permission. In this instance it is not considered that highway safety would be compromised from the application proposed.

8.2.3 With regard to impacts on residential amenity it is likely that there would be an increase in demand for on street parking spaces but this is likely to be an increase of four vehicles. It is probable that on occasions residents may need to park further away from their own dwelling but given that demand is already high from a number of surrounding properties it is unlikely that the small increase in demand would have a significant impact and some may choose to park on surrounding streets, including Radcliffe Road. Overall it is not considered that the small increase in competition for parking spaces would be of a scale to justify a refusal of permission on the grounds of a detrimental impact on residential amenity. The application is, therefore, deemed to comply with Core Strategy policy EN1 and guidance contained in the NPPF (para 17).

8.3 Conclusion

8.3.1 Allowing on street parking for two of the three dwellings granted permission would not be detrimental to highway safety and whilst leading to a likely increase in demand for on street parking spaces it is not considered that the amenity of nearby occupiers would be compromised.

9.0 Section 106 Heads of Terms

9.1 No section 106 legal agreement is required for this application.

47 Page - 63 10.0 Crime and Disorder

10.1 It is considered that the proposal would not result in any significant crime and disorder implications.

11.0 Human Rights Implications

11.1 Articles 6 (Rights to fair decision making) and Article 8 (Right to private family life and home) of the Human Rights Act have been taken into account in making this recommendation.

11.2 It is considered that no relevant Article of that act will be breached.

12.0 RECOMMENDATION: that the development is Approved subject to the following conditions

Time Limit for Commencement

1 The development hereby permitted shall be commenced before 21 May 2016.

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

Approved Plans

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

i. HAR/12/0463-4C ii. HAR/12/0463-5B iii. HAR/12/0463-6B

Unless otherwise required by another condition of this permission.

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

Before the Development is Commenced

3 No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. All these works shall be carried out as finally approved in detail. The details to be submitted shall include proposed and existing, means of enclosure and functional services above and below ground (including foul and surface water drainage). The details of the hard landscape works shall include details of provision for car parking, boundary treatment and access design. The details of soft landscape works shall include details of all existing trees in the vicinity of the proposed development (and method of protecting them during the course of work); planting plans, written specification (including cultivation and other operations associated with plant and grass established) schedules of plants (noting species, plant size and proposed number and densities where appropriate) and implementation programme.

Reason: Hard and soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

48 Page - 64 4 Before any of the works on the external elevations of the building(s) hereby permitted are begun, samples of the materials (including colour of any render, paintwork or colourwash) to be used in the construction of the external surfaces shall have been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure a satisfactory appearance to the development and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

Ongoing Conditions

5 Notwithstanding the details shown on the drawings which are hereby approved, the number size and location of all rooflights to be incorporated into the dwellings shall be shown, for the specific approval of the Local Planning Authority, on the detailed drawings which are required to satisfy condition 3 hereof. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no additional rooflights of any kind shall be inserted in the roofs of the building hereby permitted without the express written approval of the Local Planning Authority.

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

6 Notwithstanding the provisions of Schedule 2, Part 1, Classes B & C of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no part of any flat roof which forms part of the development shall be used as a balcony, roof terrace or amenity area of any sort without the express written approval of the Local Planning Authority.

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

7 Notwithstanding the provisions of Schedule 2, Part 1, Classes A, B & C of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no window, dormer window, rooflight or other shall be inserted into the north-west or south-east elevation of the property other than those expressly authorised by this permission without Planning Permission first having been granted by the Local Planning Authority.

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

8 Prior to occupation of the dwellings hereby approved, the parking area identified on the amended plan shall be laid out as such and be brought into the use. It shall be retained and used for no other purpose thereafter.

Reason: To ensure that an element of off street parking is provided and to comply with Core Strategy policy EN1.

9 Before any part of the properties hereby permitted are occupied, all landscape works shall have been carried out in accordance with the approved landscaping details. Any trees or plants which within a period of five years from the completion of development die, are removed or become seriously damages or diseased shall be replaced in the next planting season with others of a similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: Landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

Standard Note(s) to Applicant:

1 You are advised that the application site falls within an area affected by Radon. You are asked to contact the Council’s Building Control section (telephone number 01476 406187) to ascertain the level of protection required and whether a geological assessment is necessary.

49 Page - 65 2 In reaching the decision the Council has worked with the applicant in a positive and proactive manner by determining the application as quickly as possible given that the application has been determined at the Development Control Committee. As such it is considered that the decision is in accordance with paragraphs 186 -187 of the National Planning Policy Framework.

50 Page - 66 Location Plan

Proposed Elevation and Section Plan

51 Page - 67 Proposed Plan

Proposed Elevations

52 Page - 68 Agenda Item 5d

KJC1 S14/2953 Target Decision Date:27th January 2015 Committee Date:9th February 2016

Applicant Mr Andrew Jay, Constable Homes, Springfield Lodge, Colchester Road, Chelmsford, Essex Agent Mr Tim Waller, J B Planning Associates Ltd, Chells Manor, Chells Lane, Stevenage, Herts Proposal Residential Development of 227 dwellings, public open space, play area, associated infrastructure including highway and pedestrian facilities and drainage infrastructure Location Land North Of 372-400 Dysart Road, Grantham Application Type Major Full Residential Parish(es) Barrowby Grantham Reason for Referral to The application has been referred to committee at the request of Committee Cllr Jacky Smith as it requires a Section 106 agreement Recommendation Approved conditionally

Key Issues

The principle of the development, in terms of the sustainability of its location. The provision of policy compliant affordable housing provision The resulting traffic generation and its safe management. The quality of the proposed layout and its residential environment

Technical Documents Submitted with the Application

Arboricultural Impact Assessment Archaeological Desk Based Assessment Design and access Statement Environmental Noise Assessment Extended Phase 1 Badger and Vole Survey Tree Assessment for bats, Hedgerow Assessment Flood Risk Assessment Geophysical Survey Report Means of Access -Right Turn Option Parking Plan Pond habitat Suitability Index Refuse Strategy Reptile Survey Residential Travel plan Statement of Community Involvement Supporting Planning Statement Transport Assessment.

Enquires about this report to: Kevin Cartwright Principal Planning Officer 6390 [email protected]

53 Page - 69 54 Page - 70 1.0 Update to Committee Report

1.1 Members may recall that this application was deferred at the Development Control Committee on 17th March 2015. The main issue was the viability of the site and the level of affordable housing provision that would be provided. The minutes of the meeting detail the reason for deferral as follows:

“During discussion on the application, members referred to the ongoing negotiations in relation to S.106 contributions and the level of affordable housing that was included within the proposals. Committee members requested additional information relating to these negotiations and the viability of the site, it was consequently proposed, seconded and agreed that the application be deferred so that the committee could be provided with further information”.

1.2 The minutes required further information to be provided to justify the specific viability issues on the site that would result in the level of affordable housing provision below the 35% policy requirement.

1.3 Since the committee meeting there have been a number of meetings between the developers and Officers to agree an appropriate way to progress the application. The applicant has undertaken further detailed work on the viability of the proposals. Additionally, the following changes in circumstance have positively affected the viability of the scheme. The applicant has submitted the following information:

1.4 The drainage proposals have been reconsidered while maintaining the agreed run-off rates in order to substantially reduce construction costs which had been driving the abnormal costs associated with the lack viability. The amended design and drainage does not involve a formal amendment to the planning application and the applicants are happy to confirm the officer’s recommendation that there should be a planning condition relating to the proposed surface water and foul drainage systems.

1.5 A material increase in sales values that are expected to continue into 2016, helping address the viability deficit of the proposals. Signalling an overall improvement in the housing market.

1.6 As a result, the applicants are no longer promoting a viability case and Members are therefore requested to determine the application on the basis that the full Section 106 contributions sought will be met.

1.7 Officers consider that the proposal is now policy compliant and satisfies Committee’s concerns and therefore overcomes the reason for deferral.

1.8 In addition to the full 35% affordable housing provision with a tenure split of 60% affordable rent and 40% shared ownership, the developer contributions sought are as follows:

LCC Education £923,296.00 LCC Highways £200,000.00 NHS England Primary Care Provision £ 97,215.00 Play Provision £105,425.00

1.8.1 The Education contribution would be directed towards extensions to West Grantham St Hughs and Walton Girls High School.

1.8.2 The Highway contribution would be directed towards Dysart Road/Barrowby Gate/ Trent Road junction improvements.

1.8.3 The care provision contribution would be directed towards improvements to the Vine Street Surgery in Grantham.

55 Page - 71 1.8.4 The contribution towards off-site play provision would be directed towards open space improvements at Trent Road.

1.8.5 The applicant has confirmed his agreement to the contributions sought and both the applicant and the local planning authority are satisfied that they meet the relevant tests set out in the relevant CIL Regulations 122 and 123.

1.9 An additional condition is also proposed to mitigate any potential impact on the existing tree to the rear of plot 20. As there would be 2no. parking spaces in close proximity to the tree it is considered appropriate in this instance to require any hard surfacing to be off no dig construction.

1.10 Since the application was before committee on 17th March a resident has provided a set of noise readings taken from his property on Durham Close to demonstrate that the noise levels from the A1 will exceed the WHO recommendations.

1.11 The proposed development has been assessed in relation to noise impact. It is considered that this information does not raise any new matters not already considered.

1.12 The original Committee report from 17th March 2015 agenda, as well as the relevant Additional items paper from the committee have been included as Appendices 1 and 2.

2.0 RECOMMENDATION:

2.1 UPDATED RECOMMENDATION:

2.1.1 Defer to the Chairman and Vice Chairman in consultation with the Business Manager, Development and Implementation for approval subject to the signing of a Section 106 obligation and in accordance with the conditions outlined below. Where the Section 106 obligation has not been concluded prior to the Committee a period not exceeding six weeks post the date of this Committee shall be set for the completion (including signing) of that obligation.

2.1.2 In the event that the obligation has not been concluded within the six week period and where in the opinion of the Executive Manager Development and Growth there are no extenuating circumstances which would justify a further extension of time, the related planning application shall be refused planning permission for appropriate reason(s) on the basis that the necessary criteria essential to make what would otherwise be unacceptable development acceptable have not been forthcoming.

2.1 CONDITIONS:

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

Reason: To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.

2. Before the development hereby permitted commences on the site, a further soil survey of the site shall be undertaken, focussed on occurrences of naturally occurring arsenic and chromium (III) and the results provided to the local planning authority. The survey shall be taken at such points and to such depths as the local planning authority may stipulate, led by findings in the submitted Geophysical Survey Report. A scheme for decontamination or management of the proposed development shall be submitted to and approved by the local planning authority in writing and the scheme as approved shall be fully implemented and completed before any homes as hereby permitted are first occupied.

Reason: Having regard to elevated levels of naturally occurring arsenic and chromium (III) within the site as revealed by the submitted Geophysical Survey Report; to ensure the creation of

56 Page - 72 satisfactory and safe living conditions for future residents and, pursuant to paragraph 109 of the National Planning Policy Framework.

3. Prior to commencement of works on site, drawn and written details shall be submitted to and approved in writing by the Local Planning Authority of the proposed surface water and foul sewer drainage system throughout the development as herby permitted. The submitted details shall include:

a) Measures sufficient to demonstrate a net reduction in the existing run-off to the Barrowby Stream. b) The management and responsibilities for management of each part of the proposed system over time. c) A time table for implementation of the proposed scheme. The approved drainage scheme, management arrangements and any timetable for implementation shall be completed and set in place to the satisfaction of the Local Planning Authority.

Reason: To prevent any increased risk of flooding and to prevent pollution of controlled waters by ensuring the provision of a satisfactory means of surface and foul water disposal and in accordance with Policy EN1 of the South Kesteven core Strategy.

4. In this condition 'retained tree' means an existing tree or hedgerow which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of 1 year from the date of the occupation of any nearby home or garden as permitted.

(a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority. Any topping or lopping approved shall be carried out in accordance with British Standard [3998 (Tree Work)]. (b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority. (c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with plans which have previously been submitted and approved in writing by the Local Planning Authority. No equipment, machinery or materials shall be brought on to the site for the purposes of the development, and protective fences shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the local planning authority.

Reason: To safeguard the existing vegetation within and around the development hereby permitted and, pursuant to Policy EN1 of the South Kesteven Core Strategy.

5. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); retained landscape features such as trees and hedgerows and proposals for restoration, where relevant. Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme.

57 Page - 73 Reason: Hard and soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy.

6. Puruant to condition 5 details of the landscaping of the site required to be submitted shall include details of a scheme for the preservation or laying out of that part of the application site shown on the submitted/attached plan annotated as amenity land.

Reason: To safeguard the future use of the land concerned both as a public amenity for the enjoyment of future residents and given its functional significance within the overall flood alleviation measures as part of the development as a whole

7. All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the local planning authority.

8. The development hereby permitted shall be carried out in accordance with the following list of approved plans submitted as part of the application:

• CH011- PL-01 09 - Development Layout CH011-PL-10-rev00 Extent of Adoption CH11-PL-09- rev 00 Tenure Plan • CH011 PL-02 rev B - External Works • CH011 PL-03 rev B - Storey Height • CH011 PL-04 rev B - Refuse Strategy • CH011 PL-03 rev B - Parking Plan • CH011 PL-03 rev B - Colour of Materials • House type Proposed Elevations - Aa, Ab, Ac, Ad, Ae, Af, Ba Bb, Bb(2), Bc, Bc(2), Bd, Be, Ca, Caa, Ca(2), Cc, Da, Ha45a, Ha45b, Ha69a, Ha69b, Ha69c, Ha69d, Ha82a, Ha82b.

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

9. Prior to the commencement of any works or site preparations pursuant to this planning permission, a phasing plan shall be submitted to and approved in writing by the Local Planning Authority. That phasing plan shall outline the programme of works and such matters as access to those works during construction, implementation of landscaping as development proceeds, and the timely completion of roads and shared driveways to each new home as hereby permitted.

Reason: to ensure that the development as a whole proceeds in an orderly and coordinated manner having regard to its large scale and extended building period, pursuant to Policy EN1 of the South Kesteven Core Strategy.

10. In accordance with the approved phasing plan details shall be submitted in relation to conditions 4,5,6,10,12,13. Approval of all conditions for any phase or part of that phase shall be obtained from the Local Planning Authority in writing before any development in that permitted phase or part of any permitted phase is commenced. The development shall be undertaken in accordance with submitted and approved details.

Reason: To define this permission and to ensure satisfactory phasing of the development.

58 Page - 74 11. Prior to the commencement of works or on-site preparations pursuant to this planning permission, a Construction Site Environmental Management Plan (CSEMP) shall be submitted to and approved in writing by the Local Planning Authority. The submitted CSEMP shall specifically address the following matters:

a) The hours and days of the working week in which works shall proceed on site. b) On-site arrangements to be made for the parking of operatives and visitor’s vehicles while present at the site. c) On-site arrangements to be made for the parking, manoeuvring, loading and unloading of delivery vehicles to the site. d) On-site arrangements to be made for the reception and storage of materials and components throughout the construction period. e) The location of on-site office and amenity buildings throughout the construction period. f) The name and contact details of a nominated site manager throughout the construction period. Reason: to ensure that the development as a whole proceeds in an orderly and coordinated manner with minimal adverse impacts upon the established surroundings, having regard to its large scale and extended building period, pursuant to Policy EN1 of the South Kesteven Core Strategy.

12. Prior to commencement of works on site drawn and written details shall be submitted to and approved in writing by the Local Planning Authority of the Local Area for Play (LAP) indicated on submitted layout drawings. The submitted drawings and specification shall include:

a) Any alterations proposed to ambient ground levels. b) Dog proof fencing surrounding the designated play area. c) The provision of adult seating. d) The play equipment proposed. e) Appropriate “safety surfacing” where necessary. The approved Local Area for Play shall be completed in all respects and made available for use before the completion and occupation of the 200th home hereby permitted, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the Local Area for Play is provided to an appropriate, safe and durable specification pursuant to Policy EN1 of the South Kesteven Core Strategy.

13. No development shall take place until a written schedule and samples of the materials to be used in the external surfaces of each of the homes hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure a satisfactory and legible external appearance to the development as a whole and, pursuant to Policy EN1 of the South Kesteven Core Strategy.

14. Notwithstanding the details shown on submitted drawings, prior to the commencement of works on site, drawn and annotated details of the slab level of each building in relation to nearby and adjacent ground levels proposed and pre-existing levels at the boundaries of the site, shall be submitted to and approved in writing by the Local Planning Authority. The approved levels shall be those implemented.

Reason: To ensure the quality of the finished development and its relationship with adjacent homes and gardens, pursuant to Policy EN2 of the South Kesteven Core Strategy.

15. Prior to the commencement of relevant homes hereby permitted to the west of Plots 53 to 60 (inc), unless otherwise agreed in writing by the Local Planning Authority following a re-survey, drawn and written details shall be submitted to and approved in writing by the Local Planning Authority of acoustic attenuation measures to be installed within or around each such home

59 Page - 75 sufficient to ensure that external and internal noise levels within and around those homes do not exceed those set out in BS8233, and World Health Organisation (WHO) Guidelines for Community Noise:1999. (See paragraphs 3.2 and 3.3 of the submitted “Environmental Noise Assessment” by H&H Acoustic Consultancy Division, dated 29 August 2012).

Reason: To ensure the provision of satisfactory living conditions in the homes concerned having regard to the proximity of the A1 Trunk road and pursuant to paragraph 123 of the national Planning Policy Framework.

16. Prior to the commencement of development on plot 20 details of construction of the parking bays shall be submitted to and approved in writing by the local planning authority. The details shall demonstrate how the parking bays are to be constructed without any demonstrable harm to the adjacent tree.

The bays shall be constructed in accordance with the approved details.

Reason: To ensure a satisfactory form of development and to mitigate any impact on the adjacent tree.

60 Page - 76 Site Location Plan

Site Layout

61 Page - 77 Affordable Housing Location and Mix

Extent of Adopted Highway

62 Page - 78 Appendix 1 Original Committee Report from 17 March 2015

The original committee report from the 17th March 2015 agenda has been included in full below.

1.0 Application Category

1.1 This application is categorised as a major application for residential development.

2.0 Reason for Referral to Committee

2.1 This application has been referred to the committee at the request of Councillor Jacky Smith and, as it requires a Section 106 agreement.

2.2 The application is the subject of an amended Planning Performance Agreement (PPA) which undertakes that the application will be reported to this Committee on the 17th of March.

3.0 The Proposal

3.1 This application seeks full planning permission for a residential development of 227 x two storey homes and gardens, with circulation roads and shared access drives, substantial elements of public open space adjacent to the Barrowby Stream in the northern part of the site and, along both sides of the pre-existing trees and hedgerow in the centre of the site. This would also include a Local Area for Play (LAP) within open space near to the north eastern corner.

3.2 The internal road layout proposed entails a spine road which runs broadly east-west within the centre of the development, with a series of minor roads and shared drives serving the development as a whole. After the single point of access from Dysart Road, those internal roads are so arranged such that almost all new homes can be approached from at least two alternative routes.

3.3 The design of the proposed homes vary throughout the development and are of modern appearance in brick and tile, with some but not all making use of cladding in their upper part. The housing mix consists of 10 x one bed roomed apartments; 94 x two bed roomed houses; 119 x three bed roomed houses and 4 x four bed roomed houses.

4.0 The Application Site and its Surroundings

4.1 The site as a whole is a broadly rectangular piece of land of approximately 5.9 ha in area. Its southern edge is formed largely by the rear of homes and garden numbering 372 to 400 fronting Dysart Road, including three homes in Sportsman’s Row. Its eastern boundary is formed by the gardens of homes numbering 40 to 72 Valley Road. The undulating northern boundary abuts open countryside and the Barrowby Stream. Its western boundary closely adjoins the A1 trunk road, but is isolated from it by an adjacent greensward containing Sheep Wash Lane, a public ROW which follows the line of the A1 for some distance north-south. The site slopes gently downwards from its southern edge towards the Barrowby Stream. Trees and a hedgerow run from north to south in the centre of the site, but other tree cover is confined to the northern edge of the site adjacent to the Barrowby Stream, and in its western part where adjacent to Sheep Wash Lane.

4.2 The sole vehicular access proposed to the site is in its south eastern corner between number 372 Dysart Road and the near adjacent “Dysart Family Store”.

63 Page - 79 4.3 The site was identified as an allocation for circa 240 homes in the then emerging Grantham Area Action Plan (GAAP). The Inspector examining the GAAP concluded that the site was suitable for such a development. The current SKDC Strategic Housing Land Availability Assessment confirms that suitability. Although work on the GAAP has since ceased in favour of an entirely new District wide Local Plan, the residential development of the application site on this scale is therefore in accordance with both National and Local Planning policy.

5.0 Relevant Site History

5.1 There is no relevant planning history to this site, beyond its examination within the emerging Grantham Area Action Plan – see paragraph 3.3 above.

5.2 The application site was nevertheless the subject of an application for residential development in 1989 (SK.06/1742/89). This was refused planning permission in December 1989. A subsequent planning appeal was dismissed (refused planning permission) in November 1990 – for reasons that reflected the proposed loss of countryside. That view reflected the national and local planning policies at that time and, is overridden by the implications of Policy SP1 of the adopted South Kesteven Core Strategy (2010) and the altogether more recent views of the Inspector examining the then emerging Grantham Area Action Plan.

6.0 Policy Considerations

6.1 Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. Relevant national and local policies in respect of the proposed development are as follows:

6.2 National Planning Policy Framework (NPPF)

“Core Planning Principles”

State 12 key principles including – “planning should ... not simply be about scrutiny, but instead be a creative exercise in finding ways to enhance and improve the places in which people live their lives”

6. Delivering a wide choice of high quality homes

(paras 47 – 50) – Makes clear that LPAs should significantly boost the supply of housing by identifying the full objectively assessed housing needs of the district and ensuring provision through suitable allocated sites and windfall sites in their local plan. LPAs should have a 5 year supply of housing land with a 5% buffer. LPAs are also encouraged to set out their own approach to density to reflect local circumstances.

7. Requiring good design

(paras 56, 58, 60, 64) – Requires new development to be of high quality design which is appropriate for the character of the area and the way it functions and makes use of all available opportunities to enhance it. Whilst local distinctiveness is encouraged, planning decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative. It is emphasised that good design goes beyond the visual appearance of individual buildings and includes among other things, connections between people and places, and integration with the historic, built and natural environment. Planning permission should be refused for developments which are considered to be of poor design.

10. Meeting the challenge of climate change, flooding and coastal change

64 Page - 80 (paras 93) – Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure. This is central to the economic, social and environmental dimensions of sustainable development.

(Para 100) – Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, it should be made safe without increasing flood risk elsewhere.

6.3 South Kesteven Local Plan - Core Strategy 2010:

Policy SP1: Spatial Strategy - This policy supports new developments in major centres such as Grantham.

Policy SP3: Sustainable Integrated Transport – This policy directs developments to locations which encourage greater use of public transport, walking and cycling to access facilities.

Policy SP4: Developer Contributions – Requires appropriate section 106 contributions to facilitate sustainable development including in this case affordable housing.

Policy EN1: Protection and Enhancement of the Character of the District – Requires that development must be appropriate to the character and significant natural, historic and cultural attributes and features of the landscape within which it is situated, and contribute to its conservation, enhancement or restoration.

Policy EN2: Reducing the Risk of Flooding – Directs development away from areas identified in the South Kesteven Strategic Flood Risk Assessment and seeks to ensure that adequate drainage and flood risk mitigation is put in place for new development

Policy H1: Residential Development – Sets out the spatial distribution of new housing development over the plan period.

Policy H3: Affordable Housing – Requires residential developments of 5 or more dwellings to provide a target of 35% affordable housing, preferably on site unless viability or other constraints would justify an offsite financial contribution towards affordable housing elsewhere in the district or a reduced contribution.

6.4 South Kesteven Site Allocations & Policies DPD 2014

Policy SD1: Presumption in Favour of Sustainable Development – This policy reflects the emphasis of the NPPF towards a positive approach to approving appropriate policy compliant development without delay.

7.0 SKDC Corporate Priorities

7.1 The Council’s Corporate Priorities are to:

7.2 Grow the economy

 Support & facilitate the growth of business  Enable delivery of attractive retail & leisure offer  Easy to do business with – look to say yes  Promote infrastructure to support growth  Skills – high value employment

65 Page - 81  Attract as a destination for investment

7.3 Keep SK clean, green and healthy

 Enable development of our parks and open spaces  Clean and attractive street scene  Sustain high levels of recycling  Reduce the Carbon footprint of our organisation  Encourage active & healthy lifestyles

7.4 Promote leisure, arts and culture

 Support and enable development of a diverse economy – daytime & evening  Enable wide ranging leisure opportunities  Enable access to a balanced culture & arts programme  Promote our heritage & tourism

7.5 Support good housing for all

 Ensure the right mix of housing meets local needs  Enlarge the development of lifetime homes  Support the creation of neighbourhoods  Reduce fuel poverty

7.6 This application supports the “keep SK clean, green and healthy”, “grow the economy” and “good housing for all” strands of the Council’s priorities by providing new good quality homes in a sustainable location of appropriate type and tenure (including an affordable housing contribution). The occupiers would contribute to the local economy through support for local businesses and shops.

8..0 Representations Received

8.1 LCC Highways: Have considered the possibility of a dedicated right turning lane at the entrance to the site from Dysart Road. The traffic safety case for doing so is marginal. However, in order to enable a tangible improvement to both vehicular traffic flows, and also conditions for pedestrians and cyclists using Dysart Road, LCC Highways request a financial contribution under S106 towards junction improvements at the nearby junctions of Barrowby Gate and Trent Road.

8.2 Environment Agency: Originally lodged an objection to the methodology used in the applicant’s Flood Risk assessment (FRA). Subsequently withdrew their objection stating:

“The applicant has clearly stated that they do not wish to provide an integrated sustainable drainage system scheme for this development and provided a couple of broad statements for justification. If your Authority is satisfied that the information supplied is sufficient to justify the proposed approach and that the development is still considered sustainable using conventional drainage then the Environment Agency recommends that a suitable surface water condition is applied. Given the significant number of dwellings we would strongly recommend that the surface water is adopted by Anglian Water rather than a private Management Company. If your Authority are not satisfied with the proposed justification then

66 Page - 82 our original objection remains as this would result in significant alterations to the proposed layout as previously highlighted.”

8.3 SKDC Land Drainage and Flood Prevention: Has been actively involved in the gestation of this scheme, including a Multi Agency Group (MAG) meeting with the applicants; Environment Agency; Anglian Water and the IDB. Pending agreements to be set in place between the applicants and Anglian Water (see paragraph 9.8.2 below), the views of the Land Drainage and Flood Prevention Officer are reported in paragraph 9.8.4 below.

8.4 Anglian Water: Confirm adequacy of Marston Water Recycling Centre and local Foul Sewerage Network. (Note that at the time of drafting the applicants are also in discussion with Anglian water about adoption of the drainage infrastructure within the proposed development).

8.5 LCC Education: No objections but request a S106 obligation towards local education provision.

8.6 SKDC Environmental Health: Advocate conditions relating to noise attenuation in proximity to the A1 Trunk Road. They have also reviewed Geotechnical reports accompanying the application – and have recommended a condition regarding that matter.

8.7 LCC Police Crime Prevention Officer: (see paragraph 10.5.3 below) comments awaited.

8.8 Lincolnshire Wildlife Trust: No objection. “We strongly support the retention and management of the existing wetland area adjacent to Barrowby Stream, and hedgerows and trees within the development layout”

8.9 NHS England: No objections but request a calculated S106 contribution towards enhancements to local Primary Care provision.

8.10 HSE: (A nearby gas main beneath Sheep Wash Lane). No objections.

8.11 Highways Agency: (The nearby A1 Trunk road) No objections.

9.0 Representations as a Result of Publicity

9.1 The application has been advertised in accordance with the Councils adopted Statement of Community Involvement relevant to this type of planning application.

9.2 Neighbours have been notified of the application and site notices posted. The period for receipt of comments expired on 26th November 2014.

9.3 15 letters received making the following points:

 Traffic generation onto Dysart Road, threat to pedestrian safety,  Needs at least a Pelican Crossing,  Loss of privacy due to overlooking, 67 Page - 83  Loss of rural views over the site,  Plea to be given some of the land to look after a tree within the application site,  Danger of flooding the Barrowby Stream,  The effect of environmental noise from the nearby A1 trunk road,  The play area should be better sited where it would be overlooked,  Development should be on Brownfield sites within the town, not around its edges,  Contrary to some aspects of the Core Strategy,  “Why is the town being dominated by these housing projects? Haven’t there been enough in the last few years”?  Loss of value to nearby properties,  Out of character with the local area.  Drawing attention to the former refusal of planning permission in 1990 (see  paragraph 5.2 above).

10.0 Evaluation

10.1 Main Issues

 Principle of development (sustainability)  Affordable Housing  Impact on form and character of surrounding area  The quality of residential environment to be provided  Highway safety/traffic  Drainage matters.

10.2 Principle of Development

10.2.1 The thrust of national and regional and local policy is that development should be in sustainable locations wherever possible. The Core Strategy has a clear spatial strategy for the location of new development. CS policies SP1(Spatial Strategy) and H1 (Residential Development) direct the majority of new housing development within the District to be focussed in Grantham – notably but not confined to the Northern and Southern “Quadrants”, and elsewhere throughout the District at sites identified in the Site Allocations and Policies DPD. This application site is not in either such category but was one of those sites which was closely examined and favoured as part of the then emerging Grantham Area Action Plan prior to the abandonment of that programme in 2014. That selection process was based on the rigorous criteria set out in paragraph 5.1.5 of the Core Strategy. Core Strategy Policy SP1 states than new residential development on appropriate greenfield sites will be considered in Grantham, sufficient to ensure that growth targets for the town are achieved. (As a material consideration, that policy effectively outweighs the former refusal of planning permission in 1990 – see paragraph 5.2 above). Policy H1 goes on to say that housing growth will be focussed on Grantham and apportions 56% of the Districts housing requirement to Grantham.

10.2.2 The application site is alongside Dysart Road – a major radial route into Grantham that is a well established bus and commuting route, with good pedestrian and cycle links to the town centre, along with more local community and retail facilities. There is clearly potential to better manage issues of traffic congestion and safety for pedestrian and cyclists using Dysart Road (see paragraphs 9.7.2 and 9.7.3 below) but there are no compelling constraints or other material considerations which outweigh the potential benefits of the site being bought forward for housing development.

68 Page - 84 10.2.3 The site is not allocated but is a suitable infill site which satisfies the criteria above. Taking the above into account the principle of residential development of this site is acceptable and supportable.

10.3 Affordable Housing

10.3.1 CS Policy H3 requires developments of 5 or more dwellings to provide 35% affordable housing which on a development of this size and type could be provided on or off site. For a scheme of 227 homes, this would entail the provision of up to 79 affordable homes. After amendments during February 2015 the application drawings provide for 34 affordable homes, leaving an outstanding requirement for 45 additional affordable homes. The applicants have also submitted a Confidential “Viability Assessment” which purports to demonstrate that the development would not be commercially viable if rather more affordable homes were to be provided, in addition to other S106 costs - notably towards local education and health service improvements – along with local highway improvements. The Committee should however note that the proposed quantum and mix of affordable homes is a “residual”, after provision is made for other planning obligations that are necessary to make a proposed development supportable and acceptable in other terms. (See paragraphs 10.2 and 10.3 below).

10.3.3 NPPG-Viability Guidance provides detailed advice about viability in decision making, including how to determine development costs and land values and makes it clear that in all cases the value of land should reflect policy requirements and Planning Obligations.

10.3.4 Officers commissioned a “due diligence” analysis of the applicant’s own viability assertions from a reputable independent firm of Valuers. National Planning Practice Guidance (NPPG) includes the following advice:

“How should the viability of planning obligations be considered in decision-taking? In making decisions, the local planning authority will need to understand the impact of planning obligations on the proposal. Where an applicant is able to demonstrate to the satisfaction of the local planning authority that the planning obligation would cause the development to be unviable, the local planning authority should be flexible in seeking planning obligations. This is particularly relevant for affordable housing contributions which are often the largest single item sought on housing developments. These contributions should not be sought without regard to individual scheme viability. The financial viability of the individual scheme should be carefully considered in line with the principles in this guidance. Assessing viability should lead to an understanding of the scale of planning obligations which are appropriate. However, the National Planning Policy Framework is clear that where safeguards are necessary to make a particular development acceptable in planning terms, and these safeguards cannot be secured, planning permission should not be granted for unacceptable development”. (Case Officer’s emboldening).

10.3.5 The 34 affordable homes proposed by the applicant comprise 10 x one bed roomed two storey apartments; 20 x two bed roomed houses, and 4 x three bed roomed houses. These would be grouped into three distinct zones within the site. Their design and appearance is effectively “tenure blind” and not easily distinguished from open market homes elsewhere within the same development.

10.4 Impact on Form and Character of the Area

10.4.1 The character of the proposed development is broadly comparable in terms of layout and density to that of the adjacent Valley Road development. The minimum “back to back” distance as proposed is in the order of 26 metres (in a single case), and is more generally in excess of 30 metres. Although some adjacent homes would suffer some loss of previously rural outlook and arguably some loss of value, neither of these points is a material planning consideration.

69 Page - 85 10.4.2 Via implementation of the recommended Section 106 obligation, the proposal would lead to a net improvement in local education provision, local primary health provision and, conditions for motorists, pedestrians and cyclists using Dysart Road (and Barrowby Gate and Trent Road).

10.4.2 Taking the above into account the development is appropriate and would not adversely compromise the form and character of the area.

10.5 The quality of residential environment to be provided

10.5.1 .As intimated earlier, the character of the proposed development is entirely contemporary in brick, tile and cladding. The form of layout is clearly intended to maximise accessibility for pedestrians and vehicles throughout its various parts. Certain key “axial” buildings which close vistas are elevated in a more complex manner to emphasise their prominence. The proposed road network within the development consists of major access roads interconnected with shared surface roads. The major access roads are of 5.5 m width with 1.8 m footways on both sides. The roadways proposed for adoption within the scheme have been configured to permit the possibility of a future north-south pedestrian and cycling link with any future development to the north.(See the current outline application S14/3571). The shared surface roads will interconnect to the major access roads via loops or cul-de-sacs and are also to be 5.5 m width without dedicated footways. All homes including two storey flats would be provided with a practical area of private garden. All on-plot and communal parking areas are slightly above “U.K standard” size, with dimensions of 2.5 x 5.0 metres.

10.5.2 A single adverse environmental aspect which gives concern is that of environmental noise from the nearby A1 Trunk road within the western part of the application site. At a pre-application stage, the applicants commissioned a formal “Environmental Noise Assessment” which measures external noise levels throughout that part of the site in proximity to the A1 and calculates those construction and specification measures that would be required to achieve satisfactory internal and external noise levels throughout the proposed development. A condition is recommended that will safeguard both internal and external noise levels for those proposed homes and gardens affected.

10.5.3 One aspect of those noise attenuation measures is the possibility of a uniform robust acoustic fence that would separate Sheep Wash Lane from the adjacent homes. Such a fence would effectively serve to reduce external noise levels but, in the view of officers, would reduce or prevent visual oversight by future residents of any use or miss-use of Sheep Wash Lane. Evidence suggests that Sheep wash Lane may currently be used for a variety of dumping and other anti social behaviours. The recommendation (1) in paragraph 14.2 below is that such a fence is not pursued – in favour of other acoustic attenuation measures to be submitted by the applicants in accordance with a recommended condition. The views of LCC Police’s Crime Prevention Officer have been sought and will be reported when received.

10.5.4 Soil sampling around the application site has revealed slightly elevated levels of arsenic and Chromium III across some parts of the application site. This may result from exhaust emissions over several decades from the nearby A1 trunk road. The levels are not a significant hazard and are capable of being mitigated by measures similar to those currently used to protect future residents from radon throughout much of the District. A planning condition is recommended to require further sampling and the implementation of suitable precautions before occupation of any new home.

10.6 Highways and Transport Matters

10.6.1 The planning application is accompanied by a Transport Assessment, based on a “precautionary” assumed 250 home development (rather than the 227 actually proposed). That Traffic Assessment estimates a year 2016 morning “peak hour” traffic generation of 52 vehicles into the

70 Page - 86 development and 112 exiting (08:00 to 09:00) - against existing flows on Dysart Road of 339 vehicles eastbound and 183 westbound; and, an evening peak of 94 vehicle movements into the site and 44 leaving (17:00 to 18:00) – against 200 vehicles eastbound and 248 westbound on Dysart Road. As an important link road, Dysart Road has a theoretical capacity of some 1500 vehicles per hour. It follows that these proposed traffic flows are substantial but do not in themselves represent a safety hazard to pedestrians, cyclists or other road users. A related study was also made of the impacts upon the wider road network, notably at the junction of Dysart Road with Barrowby Gate and Trent Road with similar conclusions.

10.6.2 To ease the free flow of traffic on Dysart Road, and also conditions for pedestrians and cyclists, junction improvements to the nearby junctions of Barrowby Gate and Trent Road with Dysart Road have been evaluated. A Section 106 contribution of £200,000 from the proposed development would enable LCC as Highway Authority to proceed with those improvements.

10.6.3 The applicants have proposed a draft “Travel Plan” which is intended to maximise the use of non- car means of transport emerging from the proposed development. The implementation of those measures is the subject of a recommended condition and provisions within the suggested S106 obligation.

10.6.4 The Committee will note that, given that peak hour traffic congestion on Dysart Road and the nearby junctions with Barrowby Gate and Trent Road are already contentious, the proposed measures that would be enabled and funded by the proposed development are intended to actively improve existing conditions for motorists, pedestrians and cyclists – rather than merely to mitigate any or all adverse traffic effects of the proposed development. This approach is a reflection of paragraphs 30 and 41 of the NPPF (Chapter 4 – Promoting Sustainable Transport). The Committee should however note that like other S106 obligations recommended below, at the margin, that net contribution towards the improvement in local traffic conditions has an unavoidable net impact upon the quantum of affordable homes to be provided.

10.7 Drainage

10.7.1 It is understood that there are some localised historical flooding issues relating to the Barrowby Stream alongside the northern edge of the application site. All of the surface water from the proposed development will discharge via the Barrowby Stream. However, the applicants have proposed a surface water strategy which, the drainage consultees are satisfied (subject to detailed design, secured by planning condition) can deal effectively with surface water drainage from the non-permeable parts of the proposed development.

10.7.2 In December 2014 the applicants were still in discussion with Anglian Water about adoption and future maintenance of the surface water drainage system proposed. On the 9th of January the applicants wrote the following to inform the contents of this report:

“Surface water will be managed across three stages as follows:

Stage 1 – Private Drainage - Owned and maintained by individual plot owners Wherever possible, private runoff will discharge to ground at source, in accordance with the EA SuDS hierarchy. Roof runoff from the rear of properties, and the front where practicable, will discharge to soakaways in rear gardens, subject to confirmation of suitable infiltration rates being identified, and detailed design based upon these rates. Runoff from private driveways will discharge via porous paving wherever appropriate in order to improve water quality and control runoff at source. A limited amount of runoff from private areas will run direct to an adoptable piped network, controlled where appropriate.

Stage 2 – Adoptable Drainage - Designed and constructed in accordance with Sewers for Adoption - Offered to AWS for adoption under Section 104 of the Water Industry Act. The adoptable piped network will be located within the adoptable road network and will be designed and constructed in accordance with Sewers for Adoption. A tiered arrangement

71 Page - 87 with suitable flow controls will enable flows to be managed across the site, taking into account the steep fall of the site toward the north. The system will be designed to provide sufficient capacity to accommodate flows from the 1 in 100 year storm event + 30% allowance for climate change, with offline storage provided if necessary. Flows from the adoptable pipe network will discharge into the managed swale and wetland area to the north. The outfalls into the managed area will be adoptable as part of the Section 104 Agreement.

Stage 3 – Managed Swale and Wetland Area - Maintained by Management Company to be set up in perpetuity by the developer. The swale and wetland area will be maintained in perpetuity by a designated management company. The intention of this area is to mimic existing wetland conditions, by distributing runoff at a controlled rate towards Barrowby Stream on the northern boundary of the site.

The rate of discharge towards Barrowby Stream will be restricted to 23 litres per second (l/s) for all storms up to and including the 1in 100 year storm event with additional allowance for climate change. The existing rate of runoff during the 1 in 30 and 1 in 100 year storm events would equate to 58l/s and 79 l/s, respectively. Therefore, drainage proposals for the site will significantly reduce flood risk downstream of the site during all storm events, in accordance with national policies and best practice guidance”.

10.7.3 Officers have been anxious to avoid any reliance upon maintenance of future drainage by a private Management Company that would place a significant burden upon future residents or this Council. Subject to design compliance with Anglian Water Services criteria, the proposed adoptable surface water pipework would be entirely maintained over time by Anglian Water. As stated above, only the swales and wetland areas to the north will be maintained by a designated management company – who would logically be concerned with other grounds maintenance issues. These are surface features which will be “soft” in nature and will enable simple maintenance. Therefore little more than grounds maintenance and de-silting will be required. Note significantly that the applicant’s proposals would entail a net reduction in the present rate of run-off into the Barrowby Stream. Although an alternative drainage strategy might well be possible, that would involve surface level swales and filter trenches at street level (favoured by the Environment Agency), and would also entail less developable space, less homes and so yet lower viability and so fewer affordable homes. The applicants have clearly favoured a more conventional approach.

10.7.4 A condition is recommended requiring the LPA’s prior approval of the proposed drainage scheme, which will be based upon the drainage strategy shown within the applicant’s original Flood Risk Assessment. Among other points that submission will enable the Council to “pre-vet” those proposals for compliance with Anglian Water Services design criteria as set out in their published SuDs Manual – and so the probability of subsequent or simultaneous approval and adoption by AWS.

10.8 Conclusion

10.8.1 The proposed residential development is a significant development alongside Grantham in a sustainable location and will maintain delivery of the Council’s policy led housing trajectory. It would actively fund improvements to existing travel conditions for motorists, pedestrians and cyclists along Dysart Road and to flows north-south via Barrowby Gate and Trent Road. (Like all other S106 obligations recommended below, at the margin, that contribution towards the improvement in local traffic conditions has an unavoidable impact upon the quantum of affordable housing to be provided – see paragraphs 10.1 to 10.3 below). Subject to a future application under Section 104 of the Water Industry Act to Anglian Water Services, it would also reduce storm flows within the Barrowby Stream. It is of appropriate layout, design and appearance and, subject to compliance with necessary conditions recommended below, it is supportable and acceptable.

72 Page - 88 10.8.2 Accordingly, for the reasons set out above, this application is recommended for planning permission subject to necessary planning conditions and a Section 106 obligation.

11.0 Section 106 Heads of Terms

11.1 The aggregated value of proposed Section 106 obligations including the provision of affordable homes as proposed is in the order of £3.125 million. This is from a Gross Development Value of circa £30.5 million (estimate by both the applicant’s and the Council’s consultants). Other aspects of the proposed Section 106 obligation will deal with non financial matters.

11.2 Requested by LCC Education to support the provision of improved local education provision - £923,296;

11.3 Requested by LCC Highways to enable a subsidy towards junction improvements to the junction of Dysart Road and Barrowby Gate and Trent Road = £200,000

11.4 Requested by NHS England, to support a growth in Primary Care Provision = £97,215;

11.5 To make good a shortfall of 1,274 sq m in play space. This would be used to improve existing play provision in the vicinity = £105,425. (Note that although much of the northern part of the site will not be developed as it forms part of the Barrowby Stream flood alleviation, this generally does not comprise accessible public open space or play space).

11.6 The on-site provision of affordable homes of an appropriate size and tenure mix = circa £1,800,000 (SKDC estimate, based on a 60/40 mix of rented and shared ownership). Due to the scale of the development and the probability that it will be delivered in “phases”, affordable homes provision should be the subject of an overage clause, to enable the provision of a greater number of affordable homes, on-site or off-site, should the sale value of open market homes exceed current estimates.

Overall estimated value of Section 106 obligations as recommended = £3,125,936

11.7 Officers believe that this level of S106 obligations would be consistent with NPPG advice quoted in paragraph 9.3.4 above. This particularly so given that the proposed development is both supportable and, that there is a pressing case to maintain the District’s Grantham focussed housing trajectory in Policy SP1 of the South Kesteven Core Strategy. Officers must emphasise that the proposed 15% provision of affordable homes is a negotiated compromise, following the applicant’s original intention to offer just 10% on the grounds of non-viability. Both sides to the recommended S106 obligation would have a “fall-back” safeguard. The applicants are able to run an appeal under Section 106B – in the event that their original cost estimates are borne out and so the development proves to be non-viable. Similarly, and as a “phased” development, the Council’s policy objectives would be served by an “overage” clause – which would provide for additional affordable homes to be provided/funded on-site or off-site, in the event that the value of open market sales exceeds current estimates.

12.0 Crime and Disorder

12.1 It is considered that the proposals would not result in any significant crime and disorder implications.

13.0 Human Rights Implications

13.1 Articles 6 (Right to fair decision making) and Article 8 (Right to private family life and home) of the Human Rights Act have been taken into account in making this recommendation.

73 Page - 89 13.2 It is considered that no relevant Article of that act will be breached.

14.0 SUMMARY OF REASON(S) FOR PERMISSION:

14.1 It is considered that the development of this Greenfield site for residential development alongside the built up area of Grantham is in accordance with the sustainability aims of national and local planning policy. It is considered that the proposal, in compliance with recommended conditions and the recommended Section 106 obligation would create a form and quantity of development which is appropriate and compatible with the surrounding area and, would not increase the risk of flooding or be detrimental to highway safety or the reasonable amenities of neighbours.

14.2 It is therefore considered that the current proposal is in accordance with the National Planning Policy Framework (Section 6 – Delivering a wide choice of high quality homes; Section 7 – Requiring good design and, Section 10 – meeting the challenge of climate change, flooding and coastal change) and policies SP1, SP3, SP4, EN1, EN2, and H1 of the South Kesteven Core strategy, and Policy SAP H1 of the South Kesteven Site Allocations and Policies Plan, and that there are no material considerations that indicate otherwise, although necessary conditions and a necessary Section 106 planning obligation are recommended.

14.3 In reaching this decision the Council has worked with the applicant in a positive and proactive manner by determining the application without undue delay and in accordance with the provisions of a mutually agreed Planning Performance Agreement. As such it is considered that this decision is in accordance with paragraphs 186 – 187 of the National Planning Policy Framework.

15.0 RECOMMENDATION:

15.1 That officers be instructed to approve acoustic attenuation measures to those parts of the development that are affected by the A1 Trunk road – that do not include an acoustic fence that would reduce future residents’ visual oversight over the adjacent Sheep Wash Lane (see paragraph 9.6.3 above), to reduce potential for crime or anti-social behaviours along Sheep Wash Lane.

15.2 Defer to the Chairman and Vice Chairman in consultation with the Executive Manager Development and Growth for approval subject to the signing of a Section 106 obligation and in accordance with the conditions outlined below. Where the Section 106 obligation has not been concluded prior to the Committee a period not exceeding six weeks post the date of this Committee shall be set for the completion (including signing) of that obligation.

15.2 In the event that the obligation has not been concluded within the six week period and where in the opinion of the Executive Manager Development and Growth there are no extenuating circumstances which would justify a further extension of time, the related planning application shall be refused planning permission for appropriate reason(s) on the basis that the necessary criteria essential to make what would otherwise be unacceptable development acceptable have not been forthcoming.

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

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

Reason: To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.

74 Page - 90 2. Before the development hereby permitted commences on the site, a further soil survey of the site shall be undertaken, focussed on occurrences of naturally occurring arsenic and chromium (III) and the results provided to the local planning authority. The survey shall be taken at such points and to such depths as the local planning authority may stipulate, led by findings in the submitted Geophysical Survey Report. A scheme for decontamination or management of the proposed development shall be submitted to and approved by the local planning authority in writing and the scheme as approved shall be fully implemented and completed before any homes as hereby permitted are first occupied.

Reason: Having regard to elevated levels of naturally occurring arsenic and chromium (III) within the site as revealed by the submitted Geophysical Survey Report; to ensure the creation of satisfactory and safe living conditions for future residents and, pursuant to paragraph 109 of the National Planning Policy Framework.

Reason: To safeguard the existing vegetation within and around the development hereby permitted and, pursuant to Policy EN1 of the South Kesteven Core Strategy.

75 Page - 91 5. None of the building operations hereby permitted shall be carried out on that part of the application site shown on the submitted/attached plan. The details of the landscaping of the site required to be submitted shall include details of a scheme for the preservation or laying out of that part of the application site shown on the submitted/attached plan annotated as amenity land.

6. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); retained landscape features such as trees and hedgerows and proposals for restoration, where relevant. Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme.

8. The development hereby permitted shall be carried out in accordance with the following list of approved plans submitted as part of the application:

• CH011 PL-01 rev B - Development Layout • CH011 PL-02 rev B - External Works • CH011 PL-03 rev B - Storey Height • CH011 PL-04 rev B - Refuse Strategy • CH011 PL-03 rev B - Parking Plan • CH011 PL-03 rev B - Colour of Materials • CH011/PD-14 rev A - House type Cc

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

76 Page - 92 10. In accordance with the approved phasingplan details shall be submitted in relation to conditions 5-15 set out below. Approval of all conditions for any phase or part of that phase shall be obtained from the Local Planning Authority in writing before any development in that permitted phase or part of any permitted phase is commenced. The development shall be undertaken in accordance with submitted and approved details.

Reason: To define this permission and to ensure satisfactory phasing of the development.

11. Prior to the commencement of works or on-site preparations pursuant to this planning permission, a Construction Site Environmental Management Plan (CSEMP) shall be submitted to and approved in writing by the Local Planning Authority. The submitted CSEMP shall specifically address the following matters:

Reason: To ensure that the Local Area for Play is provided to an appropriate, safe and durable specification pursuant to Policy EN1 of the South Kesteven Core Strategy.

Reason: To ensure a satisfactory and legible external appearance to the development as a whole and, pursuant to Policy EN1 of the South Kesteven Core Strategy.

77 Page - 93 Reason: To ensure the quality of the finished development and its relationship with adjacent homes and gardens, pursuant to Policy EN2 of the South Kesteven Core Strategy.

Prior to the commencement of relevant homes hereby permitted to the west of Plots 53 to 60 (inc), unless otherwise agreed in writing by the Local Planning Authority following a re-survey, drawn and written details shall be submitted to and approved in writing by the Local Planning Authority of acoustic attenuation measures to be installed within or around each such home sufficient to ensure that external and internal noise levels within and around those homes do not exceed those set out in BS8233, and World Health Organisation (WHO) Guidelines for Community Noise:1999. (See paragraphs 3.2 and 3.3 of the submitted “Environmental Noise Assessment” by H&H Acoustic Consultancy Division, dated 29 August 2012).

Appendix 2 – Addititional Information Report – 17 March 2015

TB1 - S14/2953

Proposal Residential Development (227 Dwellings, POS and supporting infrastructure). Land North of 372-400 Dysart Road

Other Matters

There are on-going discussions with consultees in relation to their requests for developer contributions to ensure that they are ‘regulation’ compliant.

An update on this matter will be circulated on the day of committee.

78 Page - 94 Agenda Item 5e

JJ1 S15/3052 Target Decision Date:26th January 2016 Committee Date:9th February 2016

Applicant Property Services, South Kesteven District Council Property Services, South Kesteven District Council, Council Offices St Peters Hill Grantham Agent Luke Turner, Franklin Ellis Architects LLP, The Old Pumphouse, 5 The Ropewalk, Nottingham, Proposal Variation of conditions 11 and 12 of planning permission S13/3167 to provide rumble strip at site entrance and to adjust Leap and footpath levels and provide additional 1.8m high screening fence to sites southern boundary and revised landscaping Location Lincoln Road, Stamford PE9 1SH Application Type Full Planning Permission (Major) Parish(es) Stamford Town Council

Reason for Referral to Council application Committee Recommendation Approved conditionally

Key Issues

Impact on residential amenity Highway Safety

Key Documents

Technical drawings and cross sections

Enquires about this report to: Justin Johnson Principal Planning Officer 6392 [email protected]

79 Page - 95 80 Page - 96 1.0 Description of site and application

1.1 The site area is approximately 6400 sq m and has recently been developed for housing and public open space. The site is accessed via Lincoln Road. To the south the main body of the site has pedestrian access on to Drift Road. There is also pedestrian and cycle access on the eastern site boundary to Drift Avenue.

1.2 The proposed development seeks to vary conditions 11 and 12 of planning permission S13/3167 to provide a rumble strip at the site entrance and to adjust the ground levels of the public open space and footpath located at the south of the site. The proposals also include additional 1.8m high screening along the sites southern boundary and revised landscaping.

1.3 Planning Permission was granted for the erection of 12 two-storey 2,3 and 4 bedroom houses, 8 one-bedroom apartments, the refurbishment of 58 Lincoln Road, and associated open space and play space provision under application S13/3167 in April 2014. Following construction it became apparent that the ground levels to the south of the site, where the footpath and open space are located, had been raised order to accommodate the underground drainage. This application seeks to regularise these changes.

2.0 Relevant Planning History

Reference Proposal Decision Date S13/3167 Erection of 12 two-storey 2, 3 & 4 Approved 15/04/2014 bedroom houses, erection of 8 one- Conditionally bedroom apartments, refurbishment of 58 Lincoln Road all with ancillary gardens, car parking, access, open space and play space

3.0 Policy Considerations

3.1 National planning Policy Framework (NPPF) Section 4 - Promoting sustainable transport Section 6 - Wide choice of high quality homes Section 7 - Requiring good design Section 8 - Promoting healthy communities Section 11 - Enhancing the natural environment

3.2 South Kesteven Core Strategy Policy SP1 - Spatial Strategy Policy SP3 - Sustainable Integrated Transport Policy SP4 - Developer Contributions Policy EN1 - Protection and Enhancement Policy EN2 - Reduce the Risk of Flooding Policy H1 - Residential Development Policy H3 - Affordable Housing

3.3 Site Allocation DPD Policy SAP10 - Open space provision

81 Page - 97 4.0 Representations Received

Parish Council No objections

LCC Highways & SuDS Support No objections

5.0 Representations as a Result of Publicity

5.1 The application has been advertised in accordance with the Council's Statement of Community Involvement and 1 letter has been received. The objector has asked that additional screening be provided to the rear of their property as the existing level of screening is considered to be insufficient.

6.0 Evaluation

6.1 Principle of the use

6.1.1 The principle of developing the site for housing was established when planning permission was granted in April 2014 under application S13/3167.

6.2 Impact of the use on the character of the area

6.2.1 The increase in the height of the open space provision and the re-contouring of the adjacent footpath has been necessary due to the underground drainage system installed directly below the open space. It is considered that the proposed change in levels would not compromise the character and appearance of the surrounding area and is therefore considered to be acceptable and to comply with the requirements of Core Strategy Policy EN1.

6.3 Impact on the neighbouring properties

6.3.1 During the construction of the development several residents contacted the Council raising concerns about the proposed increase in the height of the ground levels. The main area of concern for the residents was loss of privacy. Following discussions with the residents it was agreed that in order to mitigate the impacts of the land raising a 1.8m high half round log fence would be installed along the southern side of the area of open space. This application has been submitted in order to address the residents concerns.

6.3.2 The proposed half round log fence would help to screen the development from the properties to the south and minimise any potential overlooking or loss of privacy. It is considered that the proposed changes are acceptable and would help to ensure that the privacy of the adjacent occupiers is protected.

6.3.3 One letter of objection has asked that the boundary fences along the sites eastern boundary be increased by approximately 2ft in order to provide additional privacy. This issue relates to an area of the site which is not proposed to be altered by this application. The proposed boundary treatments were considered by the Development Control Committee under application S13/3167. At that time it was considered that the proposed arrangements were acceptable. The requested is not material to the determination of this application and cannot therefore be insisted upon. The request was forwarded to the Council's Assets Team and they have advised that it is not something that could be accommodated as part of this proposal.

6.4 Highway issues

6.4.1 The proposed development makes no significant changes to the proposed road layout other than to include a small rumble strip at the entrance to the site. The proposed changes are considered to be minor and would not be detrimental to highway safety. 82 Page - 98 6.5 Conclusion

6.5.1 The proposed changes are considered to be relatively minor and subject to the installation of the fencing along the southern section of the open space there will not be any significant adverse impact on the amenities of local residents. The proposal complies with all relevant policies and is accordingly recommended for approval subject to the completion of a Section 106 Agreement.

7.0 Section 106 Heads of Terms

7.1 A S106 Agreement was required under application S13/3167 seeking contributions towards the following:

£3,000 towards highway Traffic Regulation Order £7,522 towards health contributions

7.2 It will therefore be necessary for a supplemental agreement to be entered into linking this application to the original Agreement.

8.0 Crime and Disorder

8.1 It is considered that the proposal would not result in any significant crime and disorder implications.

9.0 Human Rights Implications

9.1 Articles 6 (Rights to fair decision making) and Article 8 (Right to private family life and home) of the Human Rights Act have been taken into account in making this recommendation.

9.2 It is considered that no relevant Article of that act will be breached.

10.0 Recommendation

10.1 Defer to the Chairman / Vice Chairman in consultation with the Executive Manager Development and Growth for approval subject to the signing of a Section 106 obligation and in accordance with the conditions outlined below. Where the S106 obligation has not been concluded prior to the Committee a period not exceeding six week post the date of this Committee shall be set for the completion (including signing) of that obligation.

10.2 In the event that the obligation has not been concluded within the six week period and where in the opinion of the Executive Manager Development and Growth there are no extenuating circumstances which would justify a further extension of time, the related planning application shall be refused planning permission for appropriate reasons on the basis that the necessary criteria essential to make what would otherwise be unacceptable development acceptable have not been forthcoming.

Time Limit for Commencement

1 The development hereby permitted shall be commenced before the expiration of three years from the date of the original permission (S13/3167) approved on 15 April 2014..

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

83 Page - 99 Approved Plans

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

PL001 Rev C received on 19 December 2013 PL003 Rev R received on 27 October 2015 PL004 Rev F received on 6 April 2014 PL006 Rev B received on 19 December 2013 PL20 Rev A received on 19 December 2013 PL21 Rev A received on 19 December 2013 PL100 Rev E received on 6 April 2014 PL101 Rev E received on 6 April 2014 PL102 Rev E received on 6 April 2014 PL103 Rev F received on 6 April 2014 PL104 Rev F received on 6 April 2014 PL105 Rev A received on 19 December 2013 PL106 Rev A received on 19 December 2013 PL200 Rev B received on 19 December 2013 PL210 Rev C received on 19 December 2013 PL211 Rev C received on 19 December 2013 PL212 Rev C received on 19 December 2013 PL213 Rev F received on 27 October 2015 A103 Rev A received on 27 October 2015 L121 Rev G received on 27 October 2015 L122 Rev J received on 27 October 2015 L123 Rev K received on 27 October 2015 L124 Rev B received on 27 October 2015 L131 Rev J received on 27 October 2015

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

During Building Works

3 Within one month of the date of this permission, the works to provide the boundary treatments shall have been completed in accordance with the approved plans.

Ongoing Conditions

4 The affordable housing shall be provided in accordance with the scheme approved on 11 August 2014 under discharge of condition application S14/1647.

Reason: To ensure that a reasonable provision of affordable housing is met as part of the development in accordance with national, regional and local housing policies including policy H3 of the adopted South Kesteven Core Strategy 2010. The application has been approved on the basis that the development will help to meet the Council's shortfall in affordable housing provision.

5 The proposed development shall be carried out in accordance with the conclusions and recommendations as set out in the Combined Phase I Desk Study & Phase II Exploratory Investigation undertaken by bsp consulting dated 29 October 2013.

Reason: To ensure that any contamination is satisfactorily dealt with as part of the development in accordance with the requirements of Reason: The site is located close to residential properties and in order to protect the

84 Page - 100 amenities of the residents of the adjacent properties the working methods will need to be carefully considered and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

6 The sites drainage shall be installed in accordance with the scheme approved on 19 August 2014 under discharge of condition application S14/1969.

7 Before the first occupation of the buildings hereby permitted, the first floor window(s) on the western side of Block 01-1 and the northern side of Block 01-2 elevations to the bathroom and landing areas shall be fitted with obscure glazing (to a minimum obscurity of Pilkington Level 3 or equivalent) and if any part of the window(s) is less than 1.7m above the floor of the room in which it is installed, it shall be non opening. The window(s) shall be retained as such thereafter.

Reason: To safeguard the privacy of the occupiers of the adjoining property.

8 Before the access is brought into use all obstructions exceeding 0.6 metres high shall be cleared from the land between the highway boundary and the vision splays indicated on drawing number 277/PL003 Rev H and thereafter the visibility splay shall be kept free of obstacles exceeding 0.6 metres in height.

Reason: In the interests of safety of the users of the public highway and the safety of the users of the site.

9 The arrangements shown on the approved plan 2277/PL003 Rev R for the parking/turning/manoeuvring/loading/unloading of vehicles shall be available at all times when the premises are in use.

Reason: To enable calling vehicles to wait clear of the carriageway of the development road and to allow vehicles to enter and leave the highway in a forward gear in the interests of highway safety.

Standard Note(s) to Applicant:

1 In reaching the decision the Council has worked with the applicant in a positive and proactive manner by determining the application without undue delay. As such it is considered that the decision is in accordance with paras 186 - 187 of the National Planning Policy Framework.

85 Page - 101 Cross Sections

Fencing details

86 Page - 102 Site Layout

87 Page - 103 Agenda Item 5f

PL1 S15/3266 Target Decision Date:20th January 2016 Committee Date:9th February 2016

Applicant Mr Michael King, Ivy House, 2 Folkingham Road, Billingborough, Sleaford Agent Proposal Fell Lime tree Location 31 Allen Close, Billingborough, Lincolnshire, NG34 0PZ Application Type Tree Preservation Order Parish(es) Billingborough Parish Council

Reason for Referral to This application has been referred to the Development Control Committee Committee as the applicant is Cllr King. Recommendation Refused

Key Issues

The impact of the works on the local visual amenity, taking into account the reasons given for the works.

Enquires about this report t : Peter Lifford Area Planning Officer 6391 [email protected]

88 Page - 104 89 Page - 105 1.0 Description of site

1.1 The site is the rear garden of a late C20 terraced house within a cul de sac of similar properties set within the historic core of Billingborough. The estate, whilst not within the conservation area is surrounded by it on three sides. There are a number of nearby listed buildings nearby including graded II Buckminster Old Hall. The estate was previously the gardens associated with this property and a number protected of trees (including that which is subject to this application) predating the modern estate remain around the periphery of the estate.

2.0 The Proposal

2.1 To fell one Lime tree.

3.0 Relevant Site History

3.1 A previous application for more extensive works to the tree (S14/1824) was withdrawn on 04 December 2014 on officer advice following a site meeting at which it was agreed that whilst that proposal was unacceptable, less extensive works would be acceptable.

3.2 A subsequent application (S14/3406) was submitted and approved by the Development Control Committee at the meeting on 3 February 2015 for works to the Lime tree including crown raise to approximately 20 feet (6 metres), selectively crown thin upper/outer/lower and inner crown by no more than 20% and removed dead wood, remove lower limb under crown raise which overhangs neighbouring property, reduce limb over neighbouring property. This work has not been carried out.

4.0 Relevant History

4.1 No relevant planning history

5.0 Policy Considerations

5.1 National Planning Policy Framework (NPPF) Section 11 - Enhancing the natural environment Section 12 - Enhancing the historic environment

5.2 South Kesteven District Council Core Strategy Policy EN1 - Protection and Enhancement

6.0 Representations Received

Parish Council Thank you for consulting the Parish Council on this application. The Council considered the application at its meeting on 7th December and resolved to inform you that it fully supports the application. Due to a conflict of interest, as the co- owner of the property, the Chairman (Mr Mike King), was excluded from and discussions.

SKDC Arboricultural Consultant A report received from the Council's

90 Page - 106 Consultant Arboriculturist recommends that consent should be refused.

7.0 Representations as a Result of Publicity

7.1 The application has been advertised in accordance with the Council's adopted Statement of Community Involvement relevant to this type of planning application.

7.2 No comments have been received in relation to this application.

8.0 Evaluation

8.1 Officer Evaluation

8.1.1 This application has been considered objectively on its merits and whether the proposal is justified, having regard to the reasons put forward in support of it and the likely impact of the proposal on the amenity of the area, including the settings of heritage assets.

8.1.2 The justification put forward includes potential damage and safety risk to neighbouring properties within close proximity to the tree and loss of light to the host dwelling.

8.2 The Condition of the Tree

8.2.1 This application appears in a large part to be based on concerns with respect to the condition of the tree. The International Society of Arboriculture (ISA) publication 'The Tree Risk Assessment Manual' refers to tree risk assessment as a "balance between the risk that a tree poses and the benefits that individuals and communities derive from trees". This is further upheld by National Tree Safety Group (NTSG) who state in their publication 'The Common Sense Risk Management of Trees' that the fundamental concept of risk management should be "the evaluation of what is reasonable based upon a balance between benefit and risk".

8.2.2 The applicant states that there is a danger from falling limbs. no written data from a professional arboriculturist with respect to the condition of the tree has been provided. Dead limbs may be typically found in the canopies of lime trees, which can be overcome by simply pruning them off; the removal of dead boughs is exempt from the need for an application.

8.2.3 The accompanying notes in the national TPO application form are clear in that they state that applications to remove TPO trees on the basis that they might break or fall must be accompanied by a written report or other diagnostic information from an appropriate expert.

8.3 The Tree in its Setting

8.3.1 In respect to the size of the tree in the context of its setting; it is understand that the tree may cast shade, drop leaf litter and sometimes appear overbearing to the nearby residents. Notwithstanding that, shading can be seen as desirable in some circumstances in that it reduces glare or excessive solar heating, or to provide for comfort during hot weather. This and other trees also provide benefits in terms of privacy and screening e.g. to reduce overlooking by neighbours or to mitigate undesirable views.

8.3.2 Irrespective of the above, permission under the TPO has been granted and could be consented to again to prune the tree, which would go some considerable way to mitigate these concerns. From the paperwork submitted with the application these works have not been carried out and thus the results have not been tested.

91 Page - 107 8.4 Conclusion

8.4.1 It is broadly accepted by the arboricultural industry and its governing bodies that no absolute guarantee can be given to tree safety. A total certainty of tree safety on a national or international scale would almost undoubtedly be unacceptable to societies by way of tree loss and over- pruning. It is quite possible for people and trees to share the same landscape while controlling the risk by carrying out regular assessments and pruning.

8.4.2 In this case there is a balance to be achieved between the house and the tree by way of ongoing management to overcome the concerns with respect to loss of limbs, shade etc. Additionally, there are significant reservations that the proposal to remove this important tree is disproportionate in contrast to its merit as a visual amenity.

9.0 Section 106 Heads of Terms

9.1 A Section 106 Agreement is not required in this instance.

10.0 Crime and Disorder

10.1 It is considered that the proposal would not result in any significant crime and disorder implications.

11.0 Human Rights Implications

11.1 Articles 6 (Rights to fair decision making) and Article 8 (Right to private family life and home) of the Human Rights Act have been taken into account in making this recommendation.

11.2 It is considered that no relevant Article of that act will be breached.

12.0 RECOMMENDATION: that the development is refused for the following reasons

1. The tree is prominent in the landscape and is easily viewed from adjacent public roads and forms an important visual amenity in the area. Taking into account the supporting statement submitted with this application, it is still felt that the benefits now and in the long term to the environment and general public visual amenity of the area derived from the retention of the Lime tree outweigh considerably the reasons put forward for its removal. Therefore the removal of the tree would have a significant detrimental impact on the character of the landscape and its enjoyment by the public.

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