Agenda and minutes

RESOLVED that the minutes of the meeting held on 8 November 2017 be confirmed.

Please note that, in accordance with the Members' Code of Conduct, when declaring interests members must disclose the existence and nature of the interest, and whether it is a disclosable pecuniary interest (DPI) or personal and/or pecuniary.

No declarations of interest were received.

The Arboricultural Officer:

a.    advised Members of the reasons for proposed works to tree’s in City Council ownership and sought consent to progress the works identified at Appendix A of his report

b.    explained that Ward Councillors had been notified of the proposed works

c.    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 at Appendix A attached to the report be approved.

Bruce Kelsey, Allotment Strategy Officer:

a.    provided a report to advise elected members of the proposed removal of trees required as phase 2 of the allotment capital improvement programme, none being the subject of a Tree Preservation Order or located within a conservation area

b.    identified those trees in the opinion of the Arboricultural Officer and the Allotment Strategy Officer that needed to be removed, including a further four trees at Clarence Street A allotment identified as requiring removal and/or maintenance work during phase 1 of the programme, as detailed within the schedule attached as Appendix 1 to the report

c.    gave further information regarding the improvement programme as detailed at Appendix 2 of the report

d.    outlined the background to consultation carried out with all allotment tenants as detailed at paragraph 4 of the report

e.    gave details of the main thrust of the works to make improvements to site security to reduce incidents of break-ins and theft of property from allotment sites, and make improvements to site drainage to reduce incidents of flooding and increase light to many plots, which would markedly enhance growing opportunities

f.     advised that throughout the programme the council would aim to retain and subsequently maintain as many mature and well established native species as possible to retain the overall amenity value, feel and look of each site

g.    requested that members approve the list of trees to be removed as detailed at Appendix 1 of the report.

Members discussed the content of the report in further detail

RESOLVED that the removal of trees identified at Appendix 1 to the report be approved.

The Planning Manager:

1. advised members of the reasons why a tree preservation order (temporary) should be confirmed at the following site:

2. provided details of the individual trees to be covered by the order and the contribution they made to the area

3. advised that following the statutory 28 day consultation period, no objections had been received to the making of the order

4. stated that confirmation of the tree preservation order here would ensure that the trees could not be removed or worked on without the express permission of the council.

Members thanked officers for their work in progressing this matter.

RESOLVED that tree preservation order no 155 be confirmed without modification and that delegated authority be granted to the Planning Manager to carry out the requisite procedures for confirmation.

RESOLVED that the order of business be amended to allow the reports on the Site of Former Superbowl, Valentine Road, Lincoln, and 1 Shearwater Road, Lincoln to be considered before the remaining agenda items.

The Planning Manager:

a.    advised that planning permission was sought for the erection of 77 no 6 bedroom townhouses to provide a total of 462 en suite bedrooms to be occupied as Houses in Multiple Occupation (HMOs), sited to the south west of the city centre on land formerly occupied by Lincoln Superbowl, which closed in 2015

b.    described the design of the townhouses arranged in a series of four storey linear blocks overlooking private and secure landscaped courtyards, with controlled access to the development at the entrance to the new access road, which served a 90 space car park

c.    highlighted that the submitted Design and Access Statement predicted a shortfall in student accommodation for September 2018 together with an increasing demand for student accommodation; this application aimed to meet this demand with a joint venture between the applicant and the University of Lincoln

d.    reported that the site was owned by the City Council and therefore the application was being presented to members of Planning Committee for consideration and determination

e.    provided details of the policies pertaining to the application as follows:-

·         Policy LP1: A Presumption in Favour of Sustainable Development

·         Policy LP2: The Spatial Strategy and Settlement Hierarchy

·         Policy LP10: Meeting Accommodation Needs

·         Policy LP13: Accessibility and Transport

·         Policy LP16: Development on Land Affected by Contamination

·         Policy LP18: Climate Change and Low Carbon Living

·         Policy LP25: The Historic Environment

·         Policy LP26: Design and Amenity

·         National Planning Policy Framework

f.     outlined the responses made to the consultation exercise

g.    referred to the update sheet which contained a letter of support for the application from the University of Lincoln and the following statement from officers regarding flood risk and drainage:

‘The committee report identified that the agent was still in discussions with the Environment Agency (EA) regarding the proposal. Since writing the report further discussions and a meeting have taken place, as well as the consideration of a revised Flood Risk Assessment (FRA) and additional technical information. The EA has raised no objection in principle although require a further revision to the FRA before submitting a final response with conditions. Officers therefore request that this matter be delegated to officers to finalise to the satisfaction of the EA, as well as the Lincolnshire County Council as Lead Local Flood Authority’.

h.    highlighted the main issues relating to the proposals as follows:-

·         The Principle of Use

·         Visual Amenity

·         Residential Amenity

·         Access and Highways

·         Flood Risk and Drainage

·         Contaminated Land

·         Trees and Landscaping

·         Network Rail

i.      concluded that:

·         The principle of the use of this unallocated site for residential purposes was considered to be acceptable and the development would contribute towards the continued growth of the University.

·         The design of the development had been well thought out, improving on the architectural style of the local surroundings.

·         There were no residential properties in the vicinity that would be impacted upon by the proposal and the amenities for future occupants had been carefully considered through noise and light assessments.

·         The site  ...  view the full minutes text for item 69.

(Councillor Hills requested it be recorded that he knew several of the objectors to the planning application, but not as close acquaintances, he had not pre-determined his views in any way or given an opinion on the matter to be discussed.)

The Planning Manager:

a)    advised that the application sought a change of use from a dwellinghouse to a flexible C4/C3 use to enable the property to be used as a House In Multiple Occupation for up to 6 unrelated occupants

b)    reported that the property had originally operated as a 3 bed detached dwelling although a former living area downstairs had been converted to create a fourth bedroom, two of the bedrooms within the property were large enough to be occupied by more than one occupant and whilst the applicant had suggested that he may only occupy the property with 3 people to begin with, he would look to occupy it with the maximum allowed under C4 in the future (6 occupants)

c)    referred to a previous application granted conditionally by Planning Committee on 31st August 2016 for a first floor, front, side and rear extension (2016/0638/HOU), advising as follows:

·         The applicant had been made aware that should the application currently before us be granted and implemented, the previously granted extension could not be added to the C4 property as the extension was granted to the C3 dwellinghouse.

·         Should the applicant wish to extend the property and change the use, then he would need to withdraw the current application and make a resubmission for a change of use and extension under one application.

·         The applicant had decided to continue with the current application for a flexible C3/C4 use without extending the property.

d)    highlighted that the applicant had confirmed that he was currently living in the property with his partner and two lodgers, which would fall within the definition of a C3 use, however, in contrast to this, the same applicant had submitted a Certificate of Lawful Use, in an attempt to prove that the property had been operating as a C4 use during the time of the implementation of the Article 4 Direction and continued as such after this time. (considered separately under application 2017/1380/CLE)

e)    provided details of the policies pertaining to the application as follows:-

·         Policy LP37: Sub-division and Multi-Occupation of Dwellings within Lincoln 86

·         Supplementary Planning Guidance: Houses in Multiple Occupation

·         Policy LP26   Design and Amenity

f)     outlined the responses made to the consultation exercise

g)    referred to the update sheet which contained photographs provided by the applicant, also confirming that the application for a Certificate of Lawful (CLE) use at 1 Shearwater Road had now been refused on grounds of insufficient evidence being provided to prove that, on the balance of probability the property had been used as a House in Multiple Occupation for 3-6 unrelated people during the introduction of the Article 4 Direction and after this time,

h)    reported on the issues raised by the application principally relatibg to those raised  ...  view the full minutes text for item 70.

(Councillor Strengiel requested it be recorded that he knew the applicant for the planning application, but not as a close acquaintance, he had not pre-determined his views in any way or given an opinion on the matter to be discussed.)

The Planning Team Leader:

a.    described the application site situated in the north-west corner of Boultham Park, between the Boultham Health Centre to the west and the Park Tennis Courts, Bowling Green and Pavilion to the east, with the rear gardens of residential properties on Western Avenue to the north, and to the south the Park footpath accessed by way of an existing access road which served the adjacent Library and Health Centre, running parallel with the Park footpath

b.    advised that the site was being sold by City of Lincoln Council for development, the application having been submitted by Gusto Developments, the developers of the adjacent Home Grange retirement scheme by Longhurst and Havelock Homes.

c.    provided details of the policies pertaining to the application as follows:-

·         Policy LP1: A Presumption in Favour of Sustainable Development

·         Policy LP2: The Spatial Strategy and Settlement Hierarchy

·         Policy LP10: Meeting Accommodation Needs

·         Policy LP18: Climate Change and Low Carbon Living

·         Policy LP22: Green Wedges

·         Policy LP25: The Historic Environment

·         Policy LP26: Design and Amenity

·         Policy LP29: Protecting Lincoln's Setting and Character

d.    outlined the responses made to the consultation exercise

e.    highlighted the main issues relating to the proposals as follows:-

·         National and local planning policy

·         Impact on visual amenity

·         Impact on residential amenity

·         Impact on designated and non-designated heritage assets

·         Highway safety, access and parkin

·         Foul and surface water drainage

·         Potential land contamination and other environmental impacts

f.     concluded that the proposed development would provide much needed accommodation for older people within the city, and had been sympathetically designed taking account of its location within the park boundary close to the bowling green pavilion and neighbouring residential properties; it would not cause undue harm to the amenities of adjoining residents, the wider residential area, or the environment in accordance with relevant policies and guidance contained within the Central Lincolnshire Local Plan (2017) and National Planning Policy Framework (2012).

Members discussed the content of the report in further detail, offering general support to the proposed development. Questions were asked as follows:

·         Would the access road be adopted by the Highway Authority?

·         Would the homes be sold on to the over 55’s only?

The Planning Team Leader offered the following points of clarification to members:

·         The access road would be adopted by the Highway Authority up to the point past the library and public car parking spaces. The remainder would be the responsibility of the residents/developer.

·         The grant of planning permission would be conditioned by the requirement for the use of the bungalows as retirement dwellings in perpetuity.

RESOLVED that the application be granted subject to the following conditions:

Standard Conditions

01)      The development must be begun not later than the expiration of three years beginning with the date of this permission.  ...  view the full minutes text for item 71.

The Principal Planning Officer:

a.    described the application site situated on the northern side of Foster Street, within the Boultham Ward of the city and within Flood Zone 2, a mid-terrace 3-bedroom dwelling accessed by a shared passageway incorporating a bay window at street level, with a lounge, dining room, kitchen and bathroom at ground level and three bedrooms at first floor level

b.    advised that this application for planning permission proposed to change the use of the house from a single dwelling, which fell within Class C3 of the Town and Country Planning (Use Classes) Order 1987 (as amended), to a House in Multiple Occupation (HMO), which fell within Class C4, stating that this had been a permitted change of use until the introduction of the City-wide Article 4 direction as of March 1^st 2016, after which time the change of use came under the control of the Local Planning Authority, requiring an application for planning permission

c.    stated that there were no changes proposed to the use of the rooms within the house

d.    referred to the planning history to the application site as detailed within the officer’s report

e.    highlighted that this planning application had been brought to committee as the applicant was a relative of an employee of the City of Lincoln Council

f.     provided details of the policies pertaining to the application as follows:-

·         Policy LP37: Sub-Division and Multi-Occupation of Dwellings within Lincoln

·         National Planning Policy Framework      

·         Supplementary Planning Guidance (Houses in Multiple Occupation)

g.    outlined the responses made to the consultation exercise

h.    reported that the issues raised by the application related to the Houses in Multiple Occupation Supplementary Planning Document Approved Draft, firstly in relation to the principle of the development and then the impacts of the use itself in terms of amenity and flood risk

i.      highlighted the purpose of the Article 4 direction, as explained within the draft document, “is not to restrict the supply of HMOs, rather [it is] intended to manage the future development of HMOs to ensure such developments will not lead to or increase existing over-concentrations of HMOs that are considered harmful to local communities.”

j.      concluded that:

·         Although the use of the property as a HMO would technically result in a new HMO, the property had been utilised in the past on a multiple-occupancy basis so there would not be harm caused to the physical and social character of the residential area in relation to the nature and composition of the local community.

·         Similarly, due to the previous occupation of the property, there would not be a need for marketing in relation to the demand for the property as a family home, as it had not been used as such in the recent past.

·         In addition, the proposals would not cause harm to the amenities that the occupants of nearby properties would expect to enjoy as a result of noise and disturbance or car parking; and control over the number of residents would ensure  ...  view the full minutes text for item 72.

The Principal Planning Officer:

a.    described the application site situated on the southern side of Vernon Street, within the Boultham Ward of the city and within Flood Zone 2, the property being a mid-terrace 3-bedroom dwelling accessed by a shared passageway incorporating a bay window at street level, occupied by a lounge, dining room, kitchen, utility and bathroom at ground floor level and three bedrooms at the first floor level

b.    advised that this application for planning permission proposed to change the use of the house from a single dwelling, which fell within Class C3 of the Town and Country Planning (Use Classes) Order 1987 (as amended), to a House in Multiple Occupation (HMO), which fell within Class C4, stating that this was a permitted change of use until the introduction of the City-wide Article 4 direction as of March 1^st 2016, after which time the change of use came under the control of the Local Planning Authority, requiring an application for planning permission

c.    stated that there were no changes proposed to the use of the rooms within the house

d.    referred to the planning history to the application site as detailed within the officer’s report

e.    highlighted that this planning application had been brought to committee as the applicant was a relative of an employee of the City of Lincoln Council

f.     provided details of the policies pertaining to the application as follows:-

·         Policy LP37: Sub-Division and Multi-Occupation of Dwellings within Lincoln

·         National Planning Policy Framework      

·         Supplementary Planning Guidance (Houses in Multiple Occupation)

g.    outlined the responses made to the consultation exercise

h.    reported that the issues raised by the application related to the Houses in Multiple Occupation Supplementary Planning Document Approved Draft, firstly in relation to the principle of the development and then the impacts of the use itself in terms of amenity and flood risk

i.      highlighted the purpose of the Article 4 direction, as explained within the draft document, “is not to restrict the supply of HMOs, rather [it is] intended to manage the future development of HMOs to ensure such developments will not lead to or increase existing over-concentrations of HMOs that are considered harmful to local communities.”

j.      concluded that:

·         Although the use of the property as a HMO would technically result in a new HMO, the property had been utilised in the past on a multiple-occupancy basis so there would not be harm caused to the physical and social character of the residential area in relation to the nature and composition of the local community.

·         Similarly, due to the previous occupation of the property, there would not be a need for marketing in relation to the demand for the property as a family home, as it had not been used as such in the recent past.

·         In addition, the proposals would not cause harm to the amenities that the occupants of nearby properties would expect to enjoy as a result of noise and disturbance or car parking; and control over  ...  view the full minutes text for item 73.

The Planning Manager:

a.    advised that the application sought permission to fix additional plant to the external façade of the new bus station in the city along with an enclosure to the rear for the storage of bins

b.    described the development site at the recently approved bus station which formed part of the Transport Hub development

c.    provided details of the policies pertaining to the application as follows:-

·         National Planning Policy Framework

·         Policy LP25: The Historic Environment  

·         Policy LP26: Design and Amenity

·         Policy LP29: Protecting Lincoln’s Setting and Character

d.    confirmed that there were no responses made to the consultation exercise

e.    reported on the following issues to be considered by members in relation to the planning application:

·         Visual Impact

·         Neighbour Amenity

f.     concluded that the proposed bin store and the mechanical plant did not cause harm to either visual or neighbour amenity.

Members discussed the content of the report in further detail.

RESOLVED that the application be granted subject to the following conditions:

• Carried out within 3 years
• Carried out in accordance with the submitted plans.

(Councillor Strengiel requested it be recorded that he knew the applicant for the planning application, but not as a close acquaintance, he had not pre-determined his views in any way or given an opinion on the matter to be discussed.)

The Planning Team Leader:

a.    described the application premises as a two storey, detached, 3 bedroom residential property located on the north side of Broadway

b.    advised that permission was sought for a first floor extension which would provide two bedrooms, enable the conversion of an existing bedroom to an ensuite, as well as the conversion of the garage for living accommodation

c.    highlighted that this planning application was being considered by members, the applicant being an employee of the City of Lincoln Council

d.    provided details of the policies pertaining to the application as follows:-

·         National Planning Policy Framework

·         Policy LP26: Design and Amenity

e.    confirmed that there were no responses made to the consultation exercise

f.     reported on the following issues to be considered by members in relation to the planning application:

·         Policy Context

·         Impact on Residential Amenity

·         Design and Visual Amenity

g.    concluded that

·         Policy LP26 of the Central Lincolnshire Local Plan required applications for extensions to existing buildings to take into account design principles and amenity considerations.

·         It was considered that the proposal was in accordance with the policy because the extension used appropriate materials and was of a scale and mass in keeping with the property.

·         Similarly the amenities of occupants of neighbouring buildings would not be unduly harmed by or as a result of development.

Members discussed the content of the report in further detail.

RESOLVED that the application be granted subject to the following conditions:

• Development to commence within 3 years.
• Development to accord with the plans.
• Samples of materials to be submitted.