Planning Committee
Date:	16 November 2011
Time:	5:30pm
Location:	Committee Rooms 1, 2 & 3, City Hall
	Printed Minutes (257KB)

Committee Contact Details
Contact Name:	Democratic Services
Telephone:	01522 873370/371/619/533
E-mail:	democraticservices@lincoln.gov.uk

Membership
Councillor Peter West (Chairman)	Councillor Gary Hewson (Vice Chairman)	Councillor Bob Bushell	Richard Coupland
David Denman	Councillor David Gratrick	Councillor Darren Grice	Councillor Ronald Hills
Councillor Neil Murray	Councillor Edmund Strengiel

Number	Title and Minutes
41	Confirmation of Minutes - 24 October 2011 RESOLVED that the minutes of the meeting held on 24 October 2011 be confirmed.
42	Matters Arising Minute No 33 - Application for Development - Former Boultham Park Dairy, Boultham Park Road, Lincoln In response to a member request to be updated with a final impact assessment rating from the Highways Authority, the Development Services Manager advised that there was no such figure available within the Transport Statement. Councillor Hewson received confirmation from the Development Services Manager that this information would have been made available to the public had it existed.
43	Declarations of Interest Councillor Richard Coupland declared a personal and prejudicial interest in Minute No. 45. Reason: His close relative worked for the applicant. Resolution: He left the room during the consideration of this item.
44	Work To Trees In City Council Ownership The Arboricultural Officer: advised Members of the reasons for proposed works to trees in City Council ownership, and sought consent to progress the works identified explained that Ward Councillors had been notified of the proposed works stated that in some cases it was not possible to plant a tree in the exact location and in these cases a replacement would be replanted in the vicinity. RESOLVED that the works set out in the schedule attached to the report be approved.
45	Winning Post Service Station, Carholme Road, Lincoln (Councillor Coupland left the room during the consideration of this item, having declared a personal and prejudicial interest in the matter to be discussed). The Development Services Manager: advised that the application requested planning permission for the variation of condition 3 of planning permission reference LA24/0462/92 which restricted the opening hours of the Winning Post service station to 10pm; the condition was added to the 1992 permission to protect the amenity of surrounding residents.and the applicants now wished to extend the opening time to midnight reported that the premises formed a petrol filling station and co op food store set back from Carholme Road with the petrol pumps to the side; the main building was partly screened by landscaping to the front, to the east and west residential properties fronting onto Carholme Road and to the rear of the site residential properties on Fleet Street advised that it had been requested that the application be determined at Committee by Councillor Lee as Ward Councillor; she considered that the application raises “an issue of concern within the local community and will cause significant local interest” provided details of the policy pertaining to the application as follows: Policy 34: Design and Amenity Standards outlined the responses made to the consultation exercise referred Members to the Update Sheet which detailed further information in relation to the application advised that Members needed to consider the effect of the proposal on residential amenity concluded that the proposed extension to opening hours would not be harmful to the amenity of the surrounding residents and therefore the application was in accordance with Policy 34 of the City of Lincoln Local Plan. Mr Matthew Wilkinson, addressed the Planning Committee in support of the proposals on behalf of the applicant, covering the following main points: He represented Lincolnshire Cooperative Society as Development Manager. The Lincolnshire Cooperative organisation had 72 food stores and 100 other outlets. It was established in 1861. The cooperative's principles were based on it being owned and run by members. Profits were reinvested into the community in the form of dividends, new/improved services and charitable grants. The first and last trading hours at the application site were busy due to its location and local shopping habits. Shops in other areas opened longer hours, some 24 hours a day. The owners would not be altering its delivery schedule as part of the proposals; this would remain the same. The premises wished to remain open from 6.00am to midnight. There had been no complaints about the current operation of the site on their website since the premises opened in 2006. This was a quality filling station and convenience stall. Members raised concern in respect of the potential for deliveries to be made before 8.00am in the morning with an earlier opening time of 6.00 am . The Development Services Manager referred to the Update Sheet which detailed the content of the application as submitted. He advised that there were currently no restrictions on opening hours or times of delivery at the premises in the morning. He was not aware of any problems in the community as a result of this and it would be unreasonable therefore to seek control of hours of operation not part of the application. However, the applicant was applying for permission to increase its opening hours from 10.00 pm until 12 midnight and he considered that additional controls restricting deliveries, use of jet wash and tyre compressor after 10.00pm to be reasonable. Members discussed and commented on the content of the report in further detail. RESOLVED that the application be granted with conditions to include: Development in accordance with submitted plans Deliveries to the site not to be made after 10pm Restriction of use of jet wash and tyre compressor after 10pm.
46	Land Between 8 & 14A Wellington Street, Lincoln (Councillor Coupland rejoined the room for the remainder of the meeting). The Development Services Manager: advised that this City Council application proposed the erection of a terrace of five dwellings on land between 8 and 14A Wellington Street; the application site fronted Wellington Street with the rear boundary abutting the rear gardens of properties on Newland Street West; the rear aspects of properties fronting Carholme Road sat on the opposite side of the street reported that there would be no vehicular access to or parking within the site stated that the two storey, three bedroom dwellings would comprise three floors, the second floor being located within the roof, which was served by rooflights to the rear; the proposed materials matched that of the neighbouring properties with UPVC windows advised that the dwellings had been designed to achieve Code Level 4 of the Code for Sustainable Homes provided details of the policies pertaining to the application as follows: Policy 34: Design and Amenity Standards Policy 56A: New Housing (Self Contained) Planning Policy Statement 3: Housing Planning Policy Guidance 13: Transport outlined the responses made to the consultation exercise referred Members to the Update Sheet which detailed further information in respect of the application, including an additional suggested recommendation in relation to the removal of trees to provide bat boxes to enhance the potential for roosting bats in the area advised of the issues to be considered in respect of the application as follows: Local and national policy Character of the area and visual amenity Sustainability Residential amenity Parking Trees and bats concluded that the proposal for housing in this location was acceptable and would not cause harm to the character and visual amenity of the wider area or residential amenity, in accordance with Policies 34 and 56A of the City of Lincoln Local Plan, Planning Policy Statement 3: Housing and Planning Policy Guidance 13: Transport. Members discussed the application in further detail, asked questions and received relevant responses from officers as follows: Question: Could officers clarify the meaning of Code Level 4 design? Response: National guidance 'Code for Sustainable Homes' measured the sustainability of a new homes against design categories; the proposed development had been subjected to an initial design stage assessment by the agent who had confirmed that the properties satisfied sufficient categories to achieve Code Level 4; the current minimum standard was set at Code Level 3 but was likely to be increased to Level 4 in a years time. Comment: It was pleasing to see the development being classified by planning officers as 3 storey rather than 2½ storey, unlike other previous similar applications; the third storey being located within the roof. Question: Was there potential for overlook to the back/side of the development with it having larger windows? Response: No, this was not considered to be an issue. Any potential overlook would be towards the rear gardens of the neighbouring properties only and from an oblique angle; the two windows proposed at either end of the block would face blank side elevations. Light/ventilation would be controlled by building regulations; the development was designed to these specifications. Comment: Concerns were raised in respect of the loss of car parking space as a result of the development with five additional houses being built in its place. Response: The site was in the ownership of the Council; it had already been fenced off. It had formerly been used by student/commuters for illegal car parking. Planning permission for the site had been granted in 2007 without any parking provision; the introduction of residents parking since then had helped to ease the need for car parking provision. RESOLVED that the application be granted with conditions to include: Commencement within three years Conformity with plans Copy of certIficates to confirm the development achieved Code Level 4 of the Code for Sustainable Homes and works to proceed in accordance with these requirements Contaminated land assessment Programme of archaeological work Details of land levels Samples of materials Boundary walls and fences Stopping up of existing access Bat boxes Standard hours of construction.
47	4 Cross O'Cliff Close, Lincoln The Development Services Manager: advised that the application was a resubmission for the erection of two dwellings on land currently occupied by 4 Cross O’Cliff Close, a 1950s detached bungalow with garden land to the front, side and rear. reported that the application property had been vacant for some time and would be demolished as part of the proposal to accommodate a pair of semi-detached, two storey dwellings; access to the site was currently taken from Cross O’Cliff Close and the site had the benefit of a detached garage, which would also be removed stated that the applicant previously submitted an application for the erection of three dwellings on the site, (2011/0872/F), prior to this application officers advised of concerns regarding this number of dwellings in terms of the effect on the character and visual amenity of the Close and also the amenities of the occupants of no. 2 Cross O’Cliff Close; following the submission of the application the same concerns were reiterated to the applicant, along with details of an objection from the Health and Safety Executive due to the number of dwellings proposed and the application was subsequently withdrawn by the applicant on the advice of officers that the application would be refused provided details of the policies pertaining to the application as follows: Policy 34: Design and Amenity Standards Policy 56A: New Housing (Self Contained) Planning Policy Statement 3:Housing outlined the responses made to the consultation exercise advised on the issues to be considered in relation to the application as follows: Local and national policy Visual amenity and character of the area Residential amenity Health and Safety Executive comments Highway matters Trees concluded that the proposal was appropriate for the site and would not have a harmful effect on the visual amenity and character of the area, residential amenity or highway capacity and safety, in accordance with Policies 34 and 56A of the City of Lincoln Local Plan and PPS3. Members discussed the application in further detail. RESOLVED that the application be granted with conditions as follows: Three year time limit Conformity with plans Details of existing and finished land and floor levels Tree protection measures Samples of materials Details of the materials, specification of works and construction method of the vehicular access Garages shall be a minimum of 6m from the highway Details of boundary walls and fences Obscure glazing to landing windows.
48	41 Brant Road, Lincoln (Paul Seddon, Development Control Manager, left the room during the consideration of this item as he owned the application property). The Development Services Manager: advised that the application proposed the extension of an existing vehicular crossover to improve the access to 41 Brant Road, a detached property located on the east side of Brant Road reported that the application was being presented to Members of the Committee as the applicant is a City Council employee provided details of the policy pertaining to the application as follows: Policy 34: Design and Amenity Standards outlined the responses made to the consultation exercise advised of the issues to be considered in respect of the application as follows: Visual amenity Highway safety concluded that the proposal was an acceptable alteration and would not cause harm to visual amenity or highway safety, in accordance with Policy 34 of the City of Lincoln Local Plan. Members discussed the content of the report in further detail. RESOLVED that the application be granted with conditions to include: Work to commence within 3 years Conformity with plans Details of the materials, specification of works and construction method.
49	Training (Paul Seddon, Development Control Manager rejoined the meeting). RESOLVED that a training/information session for all City Members on the Highway Authority role as consultee on planning applications be arranged.
	Applications for Development
	Update Sheet