PL.18 15/16 Planning Committee 25 April 2016 Subject: Planning applications for determination Report by: Chief Operating Officer Contact Officer: Mark Sturgess Chief Operating Officer [email protected] 01427 676687 Purpose / Summary: The report contains details of planning applications that require determination by the committee together with appropriate appendices. RECOMMENDATION(S): Each item has its own recommendation 1 IMPLICATIONS Legal: None arising from this report. Financial : None arising from this report. Staffing : None arising from this report. Equality and Diversity including Human Rights : The planning applications have been considered against Human Rights implications especially with regard to Article 8 – right to respect for private and family life and Protocol 1, Article 1 – protection of property and balancing the public interest and well-being of the community within these rights. Risk Assessment : None arising from this report. Climate Related Risks and Opportunities : None arising from this report. Title and Location of any Background Papers used in the preparation of this report: Are detailed in each individual item Call in and Urgency: Is the decision one which Rule 14.7 of the Scrutiny Procedure Rules apply? i.e. is the report exempt from being called in due to Yes No x urgency (in consultation with C&I chairman) Key Decision: A matter which affects two or more wards, or has Yes No x significant financial implications 2 Item 1 Cherry Willingham 1 Officers Report Planning Application No: 133957 PROPOSAL: Outline planning application to erect up to 9no. dwellings- all matters reserved LOCATION: Land North Of Waterford Lane Cherry Willingham LN3 4AN WARD: Cherry Willingham WARD MEMBER(S): Cllr Welburn, Cllr Darcel and Cllr Bridgewood APPLICANT NAME: PCC Consultants Ltd TARGET DECISION DATE: 25/03/2016 DEVELOPMENT TYPE: Minor - Dwellings CASE OFFICER: Rachel Woolass Item 1 Cherry Willingham RECOMMENDED DECISION: Grant permission subject to conditions Description: The application has been referred to the committee at the request of the ward member. The site is a narrow parcel of land to the north west of Waterford Lane. Bounding the site are a mixture of shrubbery, hedges and trees. Some fencing runs through the site with some old sheds/wooden structures. The railway line is adjacent and runs to the north of the site. The land is outside the settlement boundary of Cherry Willingham. The proposal seeks outline permission for a residential development of up to 9 dwellings – all matters of scale, layout, appearance, access and landscaping are reserved for subsequent approval (reserved matters) Relevant history: W20/883/88 – Outline application to erect two dwellings. Refused 07/09/88 Representations: Chairman/Ward member(s): Cllr Anne Welburn would like this application to be seen at committee as the development is unsustainable. The houses would be subject to intense noise from the trains as well as being in constant danger from derailment. Parish/Town Council/Meeting: Object to the proposal – - the proposal would have a harmful impact on the village character. The site visually and functionally should be considered as open countryside. It defines the edge of the built up area of the village - contrary to the West Lindsey Local Plan policies - Does not allow for a sympathetic form of development - The indicative plan shows a form and pattern of development that would be alien 2 - Noise concerns from the railway - Traffic safety issues – several site accesses are a concern and potential from on street car parking - Flooding concerns as there has previously been flooding to the south of the site - The benefits to the contribution of the housing supply are limited Local residents: Objections have been received from 9, 11, 15, 17, 21, 27, 29, 39, 41, 43 Waterford Lane, 72 Fern Close and 17 Lime Grove with the main concerns – - Object to the general principle of development - Concerns over traffic and highway safety - Noise and vibration from the railway - Potential for derailment on to the proposed houses - Waterford Lane is not very wide. The limited garaging/parking could Item 1 Cherry Willingham lead to on street parking causing chaotic road conditions - Cherry Willingham does not need more infill sites - It is a greenfield site - Overlooking - Don’t know what the houses will look like - De-value property - Outside the village boundary so illegal to build on - Flooding - Loss of wildlife - Will the trees become the responsibility of the new owners? - The outlook of the site is aesthetically pleasing for all residents and the change to houses would be detrimental to this - Effect on the character and appearance - Contrary to West Lindsey Local Plan policies - Footpath implications – a footpath would need to be provided LCC Highways: No objections to the proposal subject to conditions relating to a footpath and details of turning. Environment Agency: No response received Public Protection: Initial concerns raised with regards to the noise report and monitoring. Further consideration was also required for mitigation methods of sound proofing for the proposed dwellings. The agent sought to clarify the noise concerns and mitigation methods proposed addressed the concerns. The Public Protection Officer suggested that a survey should be carried out post completion. The acoustic requirements can be conditioned and as layout is a reserved matter further consideration on external and internal doors can be achieved at this stage. A contamination condition should be attached given its proximity to the railway. Upper Witham Internal Drainage Board: Initial objection as the pipe towards the western end of the site is too small and relatively modest events will surcharge it causing flooding between the last two properties. 3 The application was subject to a meeting with the lead local flood authority and the drainage board where the flooding issues were discussed. Following this meeting, plans were received showing a new attenuating SuDs scheme. The plan also showed key levels and culverts. Following receipt of this information the drainage board subsequently removed their objection. Network Rail: Has no objection in principle to the development but there are requirements that need to be met. These include drainage, level crossing safety, fail safe use of crane and plant, excavations/earthworks, security of mutual boundary, Armco safety barriers, fencing, method statement, vibro- impact machinery, encroachment, noise/sound proofing, trees, lighting and access to railway. The drainage, boundary fencing, Armco barriers, method statements, soundproofing and lighting would be subject to conditions. Other matters are Item 1 Cherry Willingham informatives. Landscaping is a reserved matter. Archaeology: No objections or comments to the proposal Relevant Planning Policies: National guidance National Planning Policy Framework 2012 https://www.gov.uk/government/publications/national-planning-policy- framework--2 National Planning Practice Guidance http://planningguidance.planningportal.gov.uk/ West Lindsey Local Plan First Review 2006 STRAT 1 Development Requiring Planning Permission http://www2.west-lindsey.gov.uk/localplan/written/cpt3a.htm#strat1 STRAT 3 Settlement Hierarchy http://www2.west-lindsey.gov.uk/localplan/written/cpt3a.htm#strat3 STRAT 9 Phasing of Housing Development and Release of Land http://www2.west-lindsey.gov.uk/localplan/written/cpt3b.htm#strat9 STRAT 12 Development in Open Countryside http://www2.west-lindsey.gov.uk/localplan/written/cpt3b.htm#strat12 NBE 10 Protection of Landscape Character http://www2.west-lindsey.gov.uk/localplan/written/cpt11.htm#nbe10 NBE 14 Waste Water Disposal http://www2.west-lindsey.gov.uk/localplan/written/cpt11.htm#nbe14 NBE 20 Developments on the Edge of Settlements http://www2.west-lindsey.gov.uk/localplan/written/cpt11.htm#nbe20 CORE 10 Open Space and Landscaping within Developments http://www2.west-lindsey.gov.uk/localplan/written/cpt8.htm#core10 SPG West Lindsey Character Assessment http://www.west- lindsey.gov.uk/upload/public/attachments/599/SPG_Adopted_Countryside_De sign_Summary.pdf 4 Central Lincolnshire Local plan 2012-2036 The Submission Draft Local Plan was approved by members of the Central Lincolnshire Joint Strategic Planning Committee on 14 March 2016 and will be subject to a final consultation in April/May 2016 before formal submission to the Secretary of State. This version of the Local Plan will carry more weight in determining planning applications than the earlier draft versions and is expected to be published shortly (for reference the proposed Submission Draft that members considered is available online on the Central Lincolnshire Local Plan website). In terms of the proposed development, the following policies are considered relevant: LP1: A presumption in Favour of Sustainable Development LP2: The Spatial Strategy and Settlement Hierarchy Item 1 Cherry Willingham LP3: Level and Distribution of Growth LP11: Meeting Housing Needs LP17: Landscape, Townscape and Views LP14: Managing Water Resources and Flood Risk LP22: Local Green Spaces LP25: Design and Amenity Main issues Principle - Provisions of the West Lindsey Local Plan First Review - National Policy - Emerging Local Plan Effect on the Open Countryside Residential Amenity Noise Highways Drainage Ecology Assessment: Principle (i) Provisions of the West Lindsey Local Plan First Review Planning law requires that applications for planning permission must be determined in accordance