Agenda and minutes

RESOLVED that the minutes of the meeting held on 24 April 2019 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.

Councillor Biff Bean declared a Declaration of Predetermination with regard to the agenda item titled 'Application for Development: 8 Top Lodge Close, Lincoln'.

Reason: He had predetermined his view on the matter to be considered.

He left the room during the discussion of this agenda item and took no part in the vote on the matter to be determined.

Councillor Edmund Strengiel declared a Declaration of Predetermination with regard to the agenda item titled 'Usher Art Gallery, Lindum Road, Lincoln'.

Reason: As an Elected County Councillor it may be perceived that he had predetermined his view due to his position.

He left the room during the consideration of this item and took no part in the vote on the matter to be determined.

Councillor Edmund Strengiel declared a Declaration of Predetermination with regard to the agenda item titled 'Usher Art Gallery, Lindum Road, Lincoln (LBC)'.

Reason: As an Elected County Councillor it may be perceived that that he had predetermined his view due to his position.

He left the room during the consideration of this item and took no part in the vote on the matter to be determined.

Councillor Kathleen Brothwell declared a Declaration of Predetermination with regard to the agenda item titled 'Usher Art Gallery, Lindum Road, Lincoln (LBC)'.

Reason: She sat on the Arboretum Advisory Group where this matter had been discussed and had predetermined her view on the proposals.

She left the room during the consideration of this item and took no part in the vote on the matter to be determined.

Councillor Kathleen Brothwell declared a Declaration of Predetermination with regard to the agenda item titled 'Usher Art Gallery, Lindum Road, Lincoln'.

Reason: She sat on the Arboretum Advisory Group where this matter had been discussed and had predetermined her view on the proposals.

She left the room during the consideration of this item and took no part in the vote on the matter to be determined.

The Open Spaces Officer, on behalf of 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, as detailed 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.

Members asked whether it was possible for a further column to be inserted within the table of works to trees in City Council ownership giving details of when/where the work was carried out.

The Open Spaces Officer advised that replacement trees were only transplanted during the dormant period of the year November to December due to ideal planting conditions. It was possible to add another column to the table to depict work completed or the timescale involved.

The Chair highlighted that a six monthly update was presented to Planning Committee on completed works to trees, although the Open Spaces Officer was welcome to discuss this matter further with the Arboricultural Officer.

RESOLVED that:

1.    Possible amendments to the template of work to trees in City Council ownership be discussed with the Arboricultural Officer

2.    The works set out in the schedule at Appendix A attached to the report be approved.

(Councillor Bean left the room for the discussion of this item, having made a Declaration of Predetermination with regard to the agenda item to be discussed.)

The Planning Manager:

a.    described the application property, 8 Top Lodge Close, a currently vacant two storey detached dwelling located in a cul-de-sac together with eight other properties accessed from Doddington Road to the south, close to the junction with Whisby Road

b.    highlighted that Top Lodge Close was privately owned and maintained, having a private driveway to the front and a large garden to the side and rear, bounded by approximately 1.8m high fencing with 9 Top Lodge Close to the east of the site, 6 and 7 Top Lodge Close to the west and properties on Swaythling Close to the north

c.    advised that planning permission was sought for change of use from a dwellinghouse (Class C3) to a seven bed House in Multiple Occupation (HMO) (Sui Generis); proposing to maintain the four bedrooms on the first floor, two on the second floor (within the roof) and a further bedroom created as part of a self-contained unit within the double garage

d.    reported that works to create this unit had already commenced involving the installation of internal stud walls and the partial bricking up of the garage door openings to creating window openings, the occupants in the main house would have access to a lounge, kitchen/diner, snug and bathrooms

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

·         Policy LP9     Health and Wellbeing

·         Policy LP10   Meeting Accommodation Needs

·         Policy LP26   Design and Amenity Standards

·         Policy LP29   Protecting Lincoln's Setting and Character

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

·         National Planning Policy Framework      

f.     outlined the responses made to the consultation exercise

g.    referred to the update sheet which contained a further objection received from Councillor Bean, member of Planning Committee and picture evidence of parking issues

h.    advised members of the main issues to be considered as part of the application to assess the proposal with regard to:

·         Use and Policy Context

·         Lack of Demand for the Dwellinghouse Use

·         HMO Concentration

·         Parking and Effect on the Amenities of the Wider Area

·         External Communal Space, Cycle and Bin Storage

i.      concluded that:

·         In accordance with CLLP Policies LP9 and LP10 officers were fully supportive in principle of the provision of the type of accommodation that was suggested by the application, however, it was the HMO use and not the specific operator that had been considered.

·         The potential for mental health benefits would not therefore outweigh the requirement for the HMO proposal to meet Policy LP37 and the SPD. These both required that applications should demonstrate that there was an established lack of demand for the use of the property as a family dwellinghouse. The application had failed to provide such evidence and officers recommended refusal on these grounds.

·         Similarly, while the application stated that there would be limited vehicle ownership associated with specific use, officers had to  ...  view the full minutes text for item 4.

(Councillor Bean returned to the room and re-took his seat as a member of Planning Committee for the remainder of the meeting.)

The Principal Planning Officer:

a.    advised that planning permission was sought for the erection of a two storey dwelling (with rooms in the roof served by dormers) on land to the rear and west of 97 Boultham Park Road, a two storey detached dwelling located on the corner of Boultham Park Road and Earls Drive, currently occupied by garden land and a double garage/store with access from Earls Drive

b.    reported that the dwelling would replace the existing garage and would incorporate three bedrooms and a double garage, utilising the existing vehicular access, and was situated within Flood Zone 3

c.    highlighted that the application had been revised during the process, firstly to address an objection from the Environment Agency and again to improve the relationship with neighbouring 95 Boultham Park Road; as detailed later within the officer’s report, all neighbours had been re-consulted on the first revision with 95 Boultham Park Road directly notified of the second revision affecting their property

d.    advised that the application had been called in to be determined by committee at the request of Councillor Hewson

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 LP14   Managing Water Resources and Flood Risk

·         Policy LP26   Design and Amenity Standards

·         National Planning Policy Framework      

f.     outlined the responses made to the consultation exercise

g.    referred to the update sheet which contained revised site layout plans for the planning application relating to boundary treatment, an electric vehicle re-charge point, retained hedge and fencing, and a revised proposed officer recommendation in respect of the planning application

h.    advised members of the main issues to be considered as part of the application to assess the proposal with regard to:

·         Principle of Use

·         Visual Amenity

·         Residential Amenity

·         Flood Risk

·         Access and Highways

i.      concluded that:

·         The principle of a dwelling in this location was considered to be acceptable and the development would relate well to the site and surroundings, particularly in relation to siting, height, scale, massing and design.

·         The proposal would also not cause undue harm to the amenities which occupiers of neighbouring properties may reasonably expect to enjoy.

·         Technical matters relating to flood risk, drainage and highways were also to the satisfaction of the relevant consultees.

·         The proposal would therefore be in accordance with the requirements of Central Lincolnshire Local Plan Policies LP1, LP2, LP14 and LP26, as well as guidance within the National Planning Policy Framework.

Mr Alan Epps addressed Planning Committee in objection to the proposed development, covering the following main points:

·         His objections were based on the overlooking position.

·         Two revised plans had been produced - on each occasion the only change was to introduce obscure glazed windows.

·         Overlooking was such a major issue resulting in the need for planning permission to  ...  view the full minutes text for item 5.

The Principal Planning Manager:

a.    advised that planning permission was sought for the erection of a single storey side and rear extension at 4 Southland Drive, a two storey semi-detached dwelling with a detached garage (resubmission of planning application (2018/1064/HOU), previously granted conditionally at Planning Committee on 7th November 2018.

b.    advised that the property had previously been extended to the rear via a pitched roofed conservatory and enclosed car port to the side, which would be partly removed to accommodate this proposal

c.    highlighted that the application had been revised during the process, the original proposal showed the eaves of the extension would likely encroach onto neighbouring land and an objection to this effect was received from a neighbour; although boundary/ land disputes were ultimately private matters, officers approached the agent for clarification regarding the matter, subsequently a revised drawing was submitted which depict the proposed extension entirely within the curtilage of the applicants

d.    advised that the application was being presented to Members of the Planning Committee as the applicant was related to a member of staff working for Lincoln City Council

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

·         National Planning Policy Framework

·         Policy LP26   Design and Amenity Standards

f.     outlined the responses made to the consultation exercise

g.    advised members of the main issues to be considered as part of the application to assess the proposal with regard to:

·         Effect on Visual Amenity

·         Effect on Residential Amenity

·         Effect on Highway Safety

·         Flood Risk

h.    concluded that the proposed extensions were appropriately designed and would not cause unacceptable harm to the character and appearance of the area nor the amenities of all existing and future occupants of neighbouring properties, in accordance with Policy LP26 'Design and Amenity' of the Central Lincolnshire Local Plan (2017) and the National Planning Policy Framework (2019).

Members discussed the content of the report in further detail.

RESOLVED that planning permission be granted conditionally.

(Councillors Brothwell and Strengiel left the room for the discussion of this item and the following related Listed Building Consent application, having made a Declaration of Predetermination with regard to the agenda item to be discussed.)

The Planning Manager:

a.    advised that the application sought planning permission for additional metal gates to protect the shelter to the south east corner of Temple Gardens, situated on Lindum Hill on the eastern side of the city centre

b.    reported that the application building was Grade II listed by virtue of its curtilage relationship with the Usher Art Gallery and was located within Conservation Area No.1 ‘Cathedral and City Centre’

c.    referred to a separate but related planning application for listed building consent for the proposed works (2019/0306/LBC) as part of tonight’s agenda bundle

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

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

·         Policy LP1     A Presumption in Favour of Sustainable Development

·         PolicyLP25    The Historic Environment

·         Policy LP29   Protecting Lincoln’s Setting and Character

·         National Planning Policy Framework

f.     outlined the responses made to the consultation exercise

g.    referred to the update sheet which contained a further response received from Lincoln Civic Trust

h.    advised members of the main issues to be considered as part of the application to assess the proposal with regard to:

·         National and Local Planning Policy

·         Potential Impact on the Significance of Heritage Assets

h.    concluded that:

·         These works would secure the future of the shelter, guarding against further damage and allowing the shelter in the future to once again fulfil its optimum viable use and preserve the setting of the Usher Art Gallery and preserve and enhance the character and appearance of the conservation area.

·         Therefore, it was considered that the proposal was in accordance with the duty contained within section 72 (1) of the Planning (Listed Buildings and Conservation Areas Act) 1990 'In the exercise, with respect to any buildings or other land in a conservation area, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area',

Members discussed the content of the report in further detail, finding the option suggested by Lincoln Civic Trust to demolish the Temple Garden building as puzzling.

Members asked:

·         Whether the materials to be used could be chosen sympathetically to suit the Georgian aspect of the buildings in the area.

·         Whether the appearance of the structure would be compromised according to the Lincoln Civic Trust objection.

·         How often the rubbish behind the building would be cleared.

·         Would the graffiti be removed?

·         Advice on the age of the building.

The Planning Manager offered the following points of clarification in relation to member’s comments:

·         The building was built at the same time of the Usher Art Gallery or soon after.

·         Officer’s also expressed concerns regarding the suggestion made by Lincoln Civic Trust to demolish a listed building.

·         Officers did not agree that solid barriers added  ...  view the full minutes text for item 7.

The Planning Manager:

a.    advised that permission was sought for Listed Building Consent to install additional metal gates to protect the shelter to the south east corner of Temple Gardens, situated on Lindum Hill on the eastern side of the city centre

b.    reported that the application building was Grade II listed by virtue of its curtilage relationship with the Usher Art Gallery and located within Conservation Area No.1 ‘Cathedral and City Centre’

c.    referred to a separate but related planning application for the proposed works (2019/0305/RG)

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

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

·         Policy LP1     A Presumption in Favour of Sustainable Development

·         PolicyLP25    The Historic Environment

·         National Planning Policy Framework

·         Policy LP29   Protecting Lincoln’s Setting and Character

f.     outlined the responses made to the consultation exercise

g.    referred to the update sheet which contained a further response received from Lincoln Civic Trust

h.    advised members of the main issues to be considered as part of the application to assess the proposal with regard to:

·         National and Local Planning Policy

·         Potential Impact on the Significance of Heritage Assets

h.    concluded that:

·         The proposed works would secure the future of the shelter, guarding against further damage and allowing the shelter in the future to once again fulfil its optimum viable use and preserve the setting of the Usher Art Gallery and preserve and enhance the character and appearance of the conservation area.

·         Therefore, it was considered that the proposal was in accordance with the duty contained within section 16 (12) of the Planning (Listed Buildings and Conservation Areas Act) 1990 'In considering whether to grant listed building consent for any works the local planning authority or the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses', Policy LP25 'Historic Environment' of the Central Lincolnshire Local Plan (2017) and relevant guidance contained within the National Planning Policy Framework (2019).

Members discussed the content of the report in further detail.

RESOLVED that planning permission 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.

            Reason: As required by Section 91 of the Town and Country Planning Act 1990.

02)      With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the drawings listed within Table A below.

The works shall be carried out in accordance with the details shown on the approved plans and in any other approved documents forming part of the application.

            Reason: To ensure the development proceeds in accordance with the approved plans.

Conditions to be discharged before commencement of works

 03)     Sample of mortar for repointing to be agreed by the Local  ...  view the full minutes text for item 8.