Agenda and minutes

RESOLVED that the minutes of the meeting held on 27 January 2021 be confirmed.

Councillor Naomi Tweddle declared a Personal and Pecuniary Interest with regard to the agenda item titled '7 The Avenue, Lincoln'. Reason: She knew one of the objectors as a close associate.

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

Councillor Naomi Tweddle declared a Personal and Pecuniary Interest with regard to the agenda item titled 'Flat 1, 7 The Avenue, Lincoln'. Reason: She knew one of the objectors as a close associate.

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

Councillor Naomi Tweddle declared a Personal and Pecuniary Interest with regard to the agenda item titled '2nd Floor Flat, 7 The Avenue, Lincoln'. Reason: She knew one of the objectors as a close associate.

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

Councillor Naomi Tweddle declared a Personal and Pecuniary Interest with regard to the agenda item titled 'Garage, Rosebery Avenue, Lincoln'. Reason: She knew one of the objectors as a close associate.

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

In the interest of transparency the following Members requested it be noted that they knew two of the Councillors having submitted objections in relation to the planning applications detailed below, however, in a capacity as colleagues only:

Councillors

G Hewson

C Burke

J Kirk

E Strengiel

A Briggs

B Bushell

L Bushell

B Bilton

Applications for Development

Item 5(a) 7 The Avenue Lincoln

Item 5(b) Flat 1, 7 The Avenue, Lincoln

Item 5(c) 2^nd Floor Flat, 7 The Avenue Lincoln

Item 5 (d) Garage Rosebery Avenue, Lincoln

(Councillor Mara arrived late to the meeting during the discussion of this item due to experiencing technical difficulties which were outside of his control. He sat in the public gallery during the discussion of this item and took no part in the vote on the matter to be determined. He then joined Planning Committee for the remainder of the meeting.)

Dave Walker, Arboricultural Officer:

a.    advised members of the reasons for proposed works to trees in City Council ownership and sought consent to progress the works identified, as detailed at Appendix A of his report

b.    highlighted that the list did not represent all the work undertaken to Council trees, it represented all the instances where a tree was either identified for removal, or where a tree enjoyed some element of protection under planning legislation, and thus formal consent was required

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

Members enquired whether there were enough staff resources to maintain the trees once they were in place.

Dave Walker, Arboricultural Officer highlighted that the Authority maintained all the trees it planted, in addition to looking after those that came under the responsibility of the Highway Authority by means of a contractual agreement with the County Council.

RESOLVED that tree works set out in the schedules appended to the report be approved.

(Councillor Mara joined Planning Committee for the remainder of the meeting.)

The Assistant Director for Planning:

1. advised members of the reasons why a temporary tree preservation order 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. highlighted furthermore that there had been a history of site slippage in this area and the removal of these tress may lead to land destabilisation

4. reported that the initial 6 months of protection would come to an end for the Tree Preservation Order on 24 March 2021

5. advised that following an extended 34 day consultation period, no objections had been received to the making of the order

6. reported 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 which would be considered detrimental to visual amenity and as such the protection of the trees would contribute to one of the Councils priorities of enhancing our remarkable place.

Members asked:

·         Was the Temporary Tree Preservation Order to be extended?

·         Should a Tree Preservation Order be imposed on a tree which formed part of a private garden did the Council assist with its maintenance?

Dave Walker, Arboricultural Officer:

a.    confirmed that this application requested imposition of a permanent Tree Preservation Order, to protect the tree for its entirety.

b.    clarified that any tree holding a Preservation Order and located on private land was the responsibility of the land owner.

RESOLVED that Tree Preservation Order No 159 be confirmed without modification and that delegated authority be granted to the Assistant Director of Planning to carry out the requisite procedures for confirmation.

RESOLVED that the order of business be amended to allow the applications for development at 238 Nettleham Road, Lincoln and The Garage, Rosebery Avenue Lincoln to be considered as the next two agenda items respectively.

The Planning Team Leader:

a.    described the application site at 238 Nettleham Road, Lincoln formerly Pizza Hut restaurant (now closed) located on land to the south-east of Nettleham Road, included within the Nettleham Road District Centre as designated by the Central Lincolnshire Local Plan, having existing housing served by Browning Drive to the south-west and residential apartments to the south accessed from Nettleham Road

b.    advised that planning permission was sought for the change of use from existing restaurant (Class E) to drive-thru restaurant (Mixed Use Class E and Sui Generis) with external modifications to the building to include provision of a drive-thru lane, a minor reconfiguration of the car park, a new condenser compound and associated hard and soft landscaping improvement works

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

·         Policy LP1: A Presumption in Favour of Sustainable Development

·         Policy LP13: Accessibility and Transport

·         Policy LP26: Design and Amenity

·         Policy LP34: Lincoln’s District and Local Shopping Centre

·         National Planning Policy Framework      

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

·         Policy Context and Principle

·         Effect on Visual Amenity

·         Impact on Residential Amenity and Neighbouring Uses

·         Access, Parking and Highways

e.    outlined the responses made to the consultation exercise

f.     referred to the Update Sheet which contained further representations received in respect of the proposed development

g.    concluded that :

·         The principle of the use on this site was considered to be acceptable and the application had demonstrated that it had met the policy requirements.

·         The design of the development was acceptable, complementing the architectural style of the local surroundings.

·         It was not considered that the amenities of neighbouring residential properties or neighbouring uses would be unduly harmed by the proposal.

·         Technical matters relating to highways had been appropriately considered by the relevant statutory consultee and could be dealt with as necessary by condition.

·         The proposal would therefore be in accordance with the requirements of Central Lincolnshire Local Plan Policies LP1, LP34, LP13 and LP26 as well as guidance within the National Planning Policy Framework.

Members discussed the content of the report in further detail. The following comments/questions emerged:

·         Lincolnshire Police had no objections to the proposals, although they did mention a document of reference within their response.

·         What did the condition covering the restriction on hours of operation at the premises involve?

·         It was noted that the Update Sheet contained a further representation received with photographs attached which all showed a long queue waiting to access KFC at various times of the day at the business operating on the adjacent site next to the application site.

·         Although the Highways Authority had raised no issues to the planning application, there were road marking issues. The entrance to the site was very narrow for two vehicles. There was meant to be a left turn only out of the premises which was not being adhered to. Improved road markings were needed.

·         The lighting at the  ...  view the full minutes text for item 121.

(Councillor Tweddle, Chair exited the zoom proceedings at this point for the remainder of the meeting having declared a personal and pecuniary interest in the items to be discussed. She took no further part in the matters to be determined.)

(Councillor B Bushell, Vice Chair, took over as Chair of Planning Committee).

The Planning Team Leader:

a.    described the application property, a long standing garage building located to the east side of Rosebery Avenue, within the West Parade and Brayford No.6 Conservation Area

b.    reported that although there was no known date of the construction of the garage, it had been established that the building was originally constructed between 1880 and 1900 with a later addition between approximately 1930 and 1960 to form the outline that remained to the present date and the structure as it currently stood had been present in its form or similar for a significant period and as such was lawful

c.    added that an application for conversion of the existing garage had been granted planning permission in 2018, following further investigation by the owners of the existing structure it was established that the walls to be previously retained were of poor condition and in places severely bowed, and subsequently, a revised application had been submitted for consideration

d.    advised that the application proposed the demolition of the existing building and the rebuilding of a new dwelling to form a three bedroom property within Use Class C3 – which was as a single dwelling; the proposal remained almost identical in footprint, scale and massing to that previously approved

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

·         National Planning Policy Framework

·         Central Lincolnshire Local Plan

·         Policy LP1: A Presumption in Favour of Sustainable Development

·         Policy LP21: Biodiversity and Geodiversity

·         Policy LP25: The Historic Environment

·         Policy LP26: Design and Amenity

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

·         Accordance with National and Local Planning Policy

·         Impact on Residential Amenity

·         Impact on Visual Amenity and  the Character and Appearance of the Conservation Area

·         Highway Safety, Access and Parking

·         Communal Space Bin Storage and Other Factors

·         Ecology and the Protection of Habitats and Species

·         Other Matters

g.    outlined the responses made to the consultation exercise

h.    referred to the Update Sheet which contained additional responses received in respect of the proposed development and a further suggested condition to be imposed on grant of planning permission

i.      concluded that :

·         The proposed conversion to a residential dwelling would not have a harmful impact on the amenities of neighbouring properties and would enhance the character and appearance of the conservation area.

·         The application facilitated the redevelopment of brownfield land into a more sustainable use through the addition of a new dwelling, in accordance with policies LP1 A, LP21, LP25 & LP26 of the Central Lincolnshire Local Plan and the National Planning Policy Framework.

·         The application before Committee proposed a building of the same height,  ...  view the full minutes text for item 122.

The Assistant Director for Planning:

a.    advised that planning permission was sought for a change of use from a ground floor flat (C3) to a House in Multiple Occupation (HMO) at No. 7 The Avenue, a 3 storey property located on the east side of the road

b.    described the application site situated between a three storey property to the south which had been converted into 6 flats, including 1 HMO and a commercial property to the north previously granted consent to be used as offices by Lincolnshire County Council, with parking for County Council staff located to the rear of the site

c.    advised that the property was divided horizontally into 3 flats and three separate applications had been submitted to convert each one into a HMO, the other planning applications included for consideration elsewhere on tonight’s agenda as follows:.

·         2020/0937/C4 – 4 bedroom Ground Floor Flat

·         2020/0952/C4 - 3 bedroom First Floor Flat

·         2020/0953/C4 - 3 bedroom Second Floor Flat

d.    reported that Planning data showed that permission was originally granted for the subdivision of the property into 3 flats in 1951

e.    highlighted that a previous application was granted for the conversion of the garage into a 1 bedroom flat under application 2020/0271/FUL, this application also approved some internal alterations to the existing property including removal of an internal staircase and addition of a bedroom at ground floor

f.     stated that this application and the other two submitted applications at the property had been brought before Planning Committee given the number of objections they had received

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

·         Policy LP33   Lincoln's City Centre Primary Shopping Area and Central Mixed-Use Area

·         Supplementary Planning Document: Central Lincolnshire Developer Contributions

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

·         National Planning Policy Framework      

h.    advised members of the main issues to be considered as part of the application as to whether the application met the requirements of the Houses in Multiple Occupation Supplementary Planning Document (SPD) and Local Plan Policy

i.      added that officers considered the property’s location within the Central Mixed Use Area rather than a predominately residential area as a key factor in considering this application

j.      highlighted that:

·         Many previous applications for additional HMOs within the City which had been refused based on high concentration of HMOs in that particular area were often located within the heart of the ‘West End’ or streets located off the High Street of the City, characterised by being predominately residential in character, lined with terraced or semi-detached properties where the impact of a concentration of such uses would be significant and caused or added to a community imbalance.

·         In this case, officers considered the location and specific characteristics of the application property were key considerations in determining whether the change of use caused harm, despite being in an area defined as having a high concentration of HMOs.

k.    outlined the responses made to the consultation exercise

l.      concluded that the change  ...  view the full minutes text for item 123.

The Assistant Director for Planning:

a.    advised that planning permission was sought for a change of use from a first floor flat (C3) to a House in Multiple Occupation (HMO) at No. 7 The Avenue, a 3 storey property located on the east side of the road

b.    described the application site situated between a three storey property to the south which had been converted into 6 flats, including 1 HMO and a commercial property to the north previously granted consent to be used as offices by Lincolnshire County Council, with parking for County Council staff located to the rear of the site

c.    advised that the property was divided horizontally into 3 flats and three separate applications had been submitted to convert each one into a HMO, the other planning applications included for consideration elsewhere on tonight’s agenda as follows:.

·         2020/0937/C4 – 4 bedroom Ground Floor Flat

·         2020/0952/C4 - 3 bedroom First Floor Flat

·         2020/0953/C4 - 3 bedroom Second Floor Flat

d.    reported that Planning data showed that permission was originally granted for the subdivision of the property into 3 flats in 1951

e.    highlighted that a previous application was granted for the conversion of the garage into a 1 bedroom flat under application 2020/0271/FUL, this application also approved some internal alterations to the existing property including removal of an internal staircase and addition of a bedroom at ground floor

f.     stated that this application and the other two submitted applications at the property had been brought before Planning Committee given the number of objections they had received

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

·         Policy LP33   Lincoln's City Centre Primary Shopping Area and Central Mixed-Use Area

·         Supplementary Planning Document: Central Lincolnshire Developer Contributions

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

·         National Planning Policy Framework      

h.    advised members of the main issues to be considered as part of the application as to whether the application met the requirements of the Houses in Multiple Occupation Supplementary Planning Document (SPD) and Local Plan Policy

i.      added that officers considered the property’s location within the Central Mixed Use Area rather than a predominately residential area as a key factor in considering this application

j.      highlighted that:

·         Many previous applications for additional HMOs within the City which had been refused based on high concentration of HMOs in that particular area were often located within the heart of the ‘West End’ or streets located off the High Street of the City, characterised by being predominately residential in character, lined with terraced or semi-detached properties where the impact of a concentration of such uses would be significant and caused or added to a community imbalance.

·         In this case, officers considered the location and specific characteristics of the application property were key considerations in determining whether the change of use caused harm, despite being in an area defined as having a high concentration of HMOs

k.    outlined the responses made to the consultation exercise

l.      concluded that the  ...  view the full minutes text for item 124.

The Assistant Director for Planning:

a.    advised that planning permission was sought for change of use from a second floor flat (C3) to a House in Multiple Occupation (HMO) at No. 7 The Avenue, a 3 storey property located on the east side of the road

b.    described the application site situated between a three storey property to the south which had been converted into 6 flats, including 1 HMO and a commercial property to the north previously granted consent to be used as offices by Lincolnshire County Council, with parking for County Council staff located to the rear of the site

c.    advised that the property was divided horizontally into 3 flats and three separate applications had been submitted to convert each one into a HMO, the other planning applications included for consideration elsewhere on tonight’s agenda as follows:

·         2020/0937/C4 – 4 bedroom Ground Floor Flat

·         2020/0952/C4 - 3 bedroom First Floor Flat

·         2020/0953/C4 - 3 bedroom Second Floor Flat

d.    reported that Planning data showed that permission was originally granted for the subdivision of the property into 3 flats in 1951

e.    highlighted that a previous application was granted for the conversion of the garage into a 1 bedroom flat under application 2020/0271/FUL, this application also approved some internal alterations to the existing property including removal of an internal staircase and addition of a bedroom at ground floor

f.     stated that this application and the other two submitted applications at the property had been brought before Planning Committee given the number of objections they had received

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

·         Policy LP33   Lincoln's City Centre Primary Shopping Area and Central Mixed-Use Area

·         Supplementary Planning Document: Central Lincolnshire Developer Contributions

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

·         National Planning Policy Framework      

h.    advised members of the main issues to be considered as part of the application as to whether the application met the requirements of the Houses in Multiple Occupation Supplementary Planning Document (SPD) and Local Plan Policy

i.      added that officers considered the property’s location within the Central Mixed Use Area rather than a predominately residential area as a key factor in considering this application

j.      highlighted that:

·         Many previous applications for additional HMOs within the City which had been refused based on high concentration of HMOs in that particular area were often located within the heart of the ‘West End’ or streets located off the High Street of the City, characterised by being predominately residential in character, lined with terraced or semi-detached properties where the impact of a concentration of such uses would be significant and caused or added to a community imbalance.

·         In this case, officers considered the location and specific characteristics of the application property were key considerations in determining whether the change of use caused harm, despite being in an area defined as having a high concentration of HMOs.

k.    outlined the responses made to the consultation exercise

l.      concluded that the change  ...  view the full minutes text for item 125.