Agenda and minutes

RESOLVED that the minutes of the meeting held on 24 March 2021 be confirmed.

The Chair, Councillor Naomi Tweddle, declared a personal and pecuniary interest in the following three applications and would withdraw from the meeting for their consideration:

·        Lincoln Central Market, Sincil Street, Lincoln

·        Central Market, Sincil Street, Lincoln (Listed Building Consent)

·        89 and 93 Rookery Lane, Lincoln

Councillor Rebecca Longbottom wished it be noted that with regards to agenda item 5(f) – 4 Curle Avenue, Lincoln, she knew one of the objectors listed, however, in a capacity of colleagues only. 

Councillor Rebecca Longbottom declared a personal and pecuniary interest in agenda item 5(h) – Land between 1 and 9-11 Greetwell Gate, Lincoln as the architect and her partner are known to her as close associates.  Councillor Longbottom stated she would leave the meeting for the duration of this item. 

An update sheet was tabled at the meeting, which included additional photos in relation to Minute 5(e) – 42 Kelstern Road Lincoln and the window replacement design for Minute 5(j) – 394 High Street, Lincoln.

Dave Walker, Arboricultural Officer:

a.        advised the Committee of the reason for the proposed works to tree in the City Council's ownership and sought consent to progress the works identified, as detailed at Appendix A to the report;  

b.        highlighted that the list did not represent all of 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; and

c.         explained that ward councillors had been notified of the proposed works.

It was requested that in future reports information on the proposed locations of replacement trees for replanting and information on the progress and status of recently planted trees be included. 

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

NOTE: At this stage in the proceedings the Chair, Councillor Naomi Tweddle, left the meeting for the duration of Minute numbers 5(a), 5(b) and 5(c).

COUNCILLOR BOB BUSHELL IN THE CHAIR

The Assistant Director for Planning:

1. described the details of the application for planning permission for the alteration, refurbishment and extension of the Central Market building in Lincoln, a grade II listed building;

2. advised that the application site was owned by the City of Lincoln Council;

3. advised that the proposal would include the opening up of the current blind arch windows to the north and east facing elevations and the demolition of the ‘Butchers’ Corridor’ extension to the south side of the market, and the erection of a replacement extension to house an A3 unit with new public toilets to the rear with access through the main market hall interior.

4. further advised that internally the proposal included a new mezzanine to be installed at the eastern end with new stair and lift access.  The damaged terrazzo floor to the main market hall to be replaced along with the existing single glazed lantern roof, with a new double glazed lantern, and new ventilation and extraction system installed.

5. advised that an accompanying application for listed building consent had also been submitted, which was detailed at Minute 5(b).

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

·           Policy LP25 The Historic Environment

·           Policy LP26 Design and Amenity

·           Policy LP27 Main Town Centre Uses - Frontages and Advertisements

·           Policy LP31 Lincoln's Economy

·           National Planning Policy Framework

7. advised the Committee of the main issues to be considered as part of the application to assess the proposal, as follows:

·           National and Local Planning Policy

·           Proposed Uses and the Effect on the Vitality and Viability of the Central Area

·           Effect on the Character and Appearance of the Conservation Area

·           Hard and Soft Landscaping of the Public Space

·           Effect on the Setting of the Listed Building

·           Highway Safety

·           Fume Extraction

·           Bin Storage

·           Archaeology

·           Land Contamination

·           Surface Water Drainage

8. outlined the responses made to the consultation exercise;

9. concluded that the proposed scheme of refurbishment and extension would ensure much needed investment into the property and secure the continued use of the listed Central Market in its optimum viable use.  The proposed works would be to the benefit of visual amenity and the wider character and appearance of the conservation area.  The proposal was therefore considered to be in accordance with both local and national planning policy.

The Committee discussed the content of the report and the following questions and comments were put forward:

·         Comment: It was pleasing to see that there had not been any objections received as part of the consultation; the proposal to open the blind arches, which would improve the appearance of the building; and new public conveniences would be installed as part of the proposal. 

·         Comment: Concerns were raised regarding the surface of the highway surrounding the central market for disabled users.

·         Answer: This would be addressed with the Highways Authority.

·         Question: It was also queried whether stallholders could be allocated a quiet area for short breaks. 

·         Answer: The proposal did not incorporate a space of this type.

·         Question  ...  view the full minutes text for item 5a

The Assistant Director for Planning:

1. described the details of the application for listed building consent for part demolition, alternation and refurbishment and extension of the Central Market building in Lincoln;

2. advised that the application site was owned by the City of Lincoln Council;

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

·           Policy LP25 The Historic Environment

·           National Planning Policy Framework

d.    advised the Committee of the main issues to be considered as part of the application to assess the proposal, as follows:

·           Local and National Planning Policy

·           Effect on the Special Architectural and Historic Interest of the Listed Building

5. outlined the responses made to the consultation exercise;

6. concluded that the proposed works were considered to be in accordance with both national and local planning policy.

RESOLVED that the application be granted subject to the following 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 approved drawings. 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) Samples of all materials to be used in the development, including for the new extension and the refurbishment works to the existing Central Market building shall be submitted to and approved by the City of Lincoln Council as LPA prior to works commencing on site. The details shall include new and replacement roof and ridge tiles, rainwater goods, and a sample panel on site of the proposed brick, brick bond and mortar. The development shall proceed in accordance with the approved materials.

Reason: In the interests of visual amenity.

04) Prior to works commencing on site to install the new Terrazzo floor to the main hall of the Central Market, detailed plans to show the proposed schedule of works, proposed tile pattern and samples of all tiles to be used, shall be submitted to and approved by the City of Lincoln Council as LPA. The floor shall be relaid in accordance with the approved details.

Reason: In the interests of the special architectural and historic interest of the listed building.

05) Prior to works commencing on site to install interior lighting to the Central Market, details of the proposed lighting scheme, including light fittings, lux levels and lighting cable runs shall be submitted to and approved by the City of Lincoln Council as LPA. The lighting works shall proceed in accordance with the approved details.

Reason: In the interests of the special architectural and historic interest of the listed building.

06) Prior to work commencing on site for  ...  view the full minutes text for item 5b

The Planning Team Leader:

1. described the details of the application to the property at 89 and 93 Rookery Lane, Lincoln, seeking to confirm whether or not prior approval is required for the demolition of 89 and 93 Rookery Lane;

2. confirmed that Consent had been previously granted under 2020/0785/RG3 for the demolition of these properties and for the erection of 36 dwellings and 6 apartments to the rear of No. 89-93;

3. advised the application had been submitted by the City of Lincoln Council, as it concerned Council owned land.

4. concluded that adequate information on the proposed method of demolition and reinstatement of the land had been received and considered acceptable. 

In response to a question by a member of the Committee, it was confirmed that the original application was for the demolition of the two mentioned properties in the report.

RESOLVED that Prior Approval be required for the demolition of 89 and 93 Rookery Lane, Lincoln, and be approved subject to the following conditions:

01) The development must be begun not later than the expiration of five (5) years beginning with the date of this permission.

Reason: As required by Part 11 Section B of the Town and Country Planning (General Permitted Development) (England) Order 2015.

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 details submitted with the application. 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.

NOTE: At this point in the proceedings, Councillor Naomi Tweddle re-joined the meeting and took the Chair.

COUNCILLOR NAOMI TWEDDLE IN THE CHAIR

The Planning Team Leader:

1. described the details of the application to amend the approved planning conditions of the planning permission reference 2018/1416/FUL and 2020/0238/CXN for the Sobraon Barracks, Burton Road, Lincoln, which proposed the relocation of the bike store, gas cage and oil tank, pedestrian / cyclist pathway, road and footpath layouts and POL store, the relocation of the fire exit door and installation of two flues.  

2. advised that no further tree removal was proposed as part of the application.  This followed residents’ concerns regarding the proposal for removal of further trees on the site being discussed with the applicant’s agent, and it had been subsequently agreed to leave the small self-sets trees in place and to only cut their branches to facilitate the installation of the new fence.  It was noted the description had been updated to remove this element of the proposal from the description.

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

·         Policy LP26 Design and Amenity

·         National Planning Policy Framework

4. advised the Committee of the main issues to be considered as part of the application to assess the proposal, as follows:

·         Design including Visual Impact; and

·         Residential Amenity.

5. outlined the responses made to the consultation exercise;

6. concluded that the proposed development was in accordance with Policy 26 of the Central Lincolnshire Local Plan and the guidance contained within the National Planning Policy Framework.

RESOLVED that the application planning permission be approved, subject to the following conditions:

• Development to be commenced by 19th March 2022.
• Development to be carried out in accordance with the plans.
• Submission of verification report for contaminated land.
• Proceed in accordance with approved materials.
• Construction hours.
• Reporting of unexpected contamination.
• Installation of air-conditioning units in accordance with approved details.
• Planting of trees and hedge in the appropriate planting season.
• Implementation and retention of fence along Dunkirk Road boundary.

The Planning Team Leader:

1. described the details of the application to the property at 42 Kelstern Road, Lincoln, which was a detached bungalow, proposing the demolition of the existing attached garage and partial removal of hillock to facilitate the erection of a single storey front and side extension and detached single storey garage;

2. advised that the site was located within a large well-established residential estate with dwellings adjacent to the north, south and west.  It was also advised the site was not located in a conservation area and there was no listed buildings surrounding the site.

3. further advised that the application had been subject to extensive negotiations with the agent securing revisions to the proposal to overcome concerns raised by neighbours.  Revied plans had been submitted in May 2021 and a re-consultation had been carried out in June 2021 for fourteen days.  The re-consultation had been carried out in accordance with the Council’s consultation code of practice.

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

·         Policy LP26 Design and Amenity

·         National Planning Policy Framework

5. advised the Committee of the main issues to be considered as part of the application to assess the proposal with regards to:

·         National and Local Planning Policy

·         Effect on Visual Amenity

·         Effect on Residential Amenity

·         Effect on Highway Safety

·         Other Matters

6. outlined the responses made to the consultation exercise;

7. referred to the update sheet which contained additional photos from an objector in respect of the proposed development.  It was highlighted that most of the photos were a repeat of those included within the report;

8. concluded that the proposed development was 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 and the National Planning Policy Framework.

Mrs R Fraser, a local resident, addressed the Planning Committee in opposition to the application, making the following points:

·         She was an immediate neighbour but was also speaking on behalf of other neighbours in the cul de sac.

·         The overall height and scale of the proposed plans was a concern, as it was already the largest bungalow having had an extension for an en-suite.  Therefore the height and size would be overbearing and not in keeping with the surrounding area. 

·         A root protection had been put in place for the mature oak tree, which was located nearest to the boundary.  However, there remained ongoing concerns over the long-term effects on the three oak trees; whether the cutting of the lateral roots on one side, coupled with the excavation of the mound, could destabilise the tree causing damage to properties; and whether the tree would be able to obtain enough nutrients. 

·         Concern was raised regarding the potential for subsidence if the mound was removed on the applicant’s side of the property, causing damage to her own property.

·         The change in direction of the driveway would cause  ...  view the full minutes text for item 5e

The Assistant Director for Planning:

1. described the details of the application to the property at 4 Limelands, Lincoln, proposing the demolition of the existing attached garage and the erection of a single story extension with integral double garage;

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

·         National Planning Policy Framework

·         Policy LP26 Design and Amenity

3. advised the Committee of the main issues to be considered as part of the application to assess the proposal with regards to:

·         Accordance with National and Local Planning Policy

·         Impact on Residential Amenity

·         Impact on Visual Amenity

·         Highway Safety, Access and Parking

·         Land Stability and Structural Investigations

·         Archaeology

·         Contamination

·         Trees

·         Other Matters

4. outlined the responses made to the consultation exercise;

5. concluded that the single storey extension and integral garage would not have an unduly harmful impact on the residential and visual amenity of neighbouring properties, in accordance with policy LP26 of the Central Lincolnshire Local Plan and the National Planning Policy Framework.

Mr R Coy, a local resident, addressed the Planning Committee in objection to the application, making the following points:

·         The objector resided at 2 Eastwood House.

·         The objector referred to the historical layout of Limelands and Eastwood House.  It was highlighted that the bungalows, which included 4 Limelands, had been built nearest to Eastwood House, the houses further away behind the large screening trees in order to prevent any possibility of the new structures being overbearing or intrusive to the existing Eastwood House. 

·         The applicant had previously removed two of the large screening trees, which had resulted in the objector now being able to see the electricity substation and sewage pumps, which had previously been screened.  The removal of these trees had not impacted on the applicant’s view.

·         The objector referred to the timeline of applications made by the applicant from 2019 to the present time, which included a refused application for a two-storey dwelling in 2019 on the piece of land where the trees had been removed.

·         Concerns were raised that the current application could easily be converted by the applicant to create a separate dwelling, which had previously been refused by the Council.

·         Archaeological and contamination reports had not yet been submitted by the applicant, despite requests to do so.

The Committee discussed the content of the report and the following questions and comments were put forward:

·         Question: It was queried how human remains would be dealt with, should any be discovered onsite.

·         Answer: One of the conditions listed included a full set of archaeological conditions, which would include how archaeological remains would be dealt with, including human remains.  It was usually preferred for human remains to be kept onsite. However, this would be included within the report.

·         Comment: It was stated that the trees which had been removed by the applicant were not subject to a tree preservation order.

·         Answer: It was confirmed that the previously removed trees were not protected and therefore planning rules had not been breached.

·         Question:  ...  view the full minutes text for item 5f

The Assistant Director for Planning:

1. described the details of the application to the property at 4 Curle Avenue, Lincoln, proposing the erection of a part two-storey, part single-storey side / rear extension following demolition of an existing garage;

2. advised that the plans had been amended during the process of the application in response to the concerns of objectors, omitting the proposed first floor window from the rear elevation.  Neighbours had been re-consulted on the amended plans.

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

·         Policy LP26 Design and Amenity

·         National Planning Policy Framework

4. advised the Committee of the main issues to be considered as part of the application to assess the proposal with regards to:

·         Visual Amenity

·         Residential Amenity

5. outlined the responses made to the consultation exercise;

6. concluded that the scale and design of the proposed extension was acceptable and would complement the original architectural style of the property, also not causing harm to the character of the area.  The proposal would not cause undue harm to the amenities, which occupiers of neighbouring properties may reasonably expect to enjoy.  The application would therefore be in accordance with the requirements of the Central Lincolnshire Local Plan Policy LP26 and guidance within the National Planning Policy Framework.

The Committee discussed the content of the report and the following questions and comments were put forward:

·         Question: It was queried whether it was acceptable for two objectors to be counted separately but from a single property, rather than being counted as a single objection.

·         Answer: A cautious approach had been followed on this occasion and the two objections had been counted separately.

·         Question: One of the objectors had raised concerns over the boundary and it was queried whether this had been resolved or should be taken into consideration.

·         Answer: The Committee was advised that issues over boundaries was a civil matter and not a material planning consideration.

·         Question: It was queried whether any objections which had since been resolved through an amendment to the application should be removed from the list of objectors.

·         Answers: Objections could only be removed at the request of the objector, even if their concerns had been resolved.

RESOLVED that the application planning permission be approved subject to the following conditions:

• Time limit of the permission.
• Development in accordance with approved plans.
• Removal of permitted development for any alterations to the extension.

The Planning Team Leader:

1. described the details of the application to the property at 21 Hawkshead Grove, Lincoln, proposing a change of use of existing ground floor utility room to veterinary clinic for the treatment of injured racing greyhounds (Use Class E) (Retrospective);

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

·         Policy LP26 Design and Amenity

·         National Planning Policy Framework

3. advised of the main issues to be considered as part of the application to assess the proposal with regards to:

·         Impact on Residential Amenity

·         Impact on Visual Amenity

·         Impact on Highway Safety

4. outlined the responses made to the consultation exercise;

5. referred to the update sheet which contained additional responses received in respect of the proposed development;

6. concluded that the activity generated by the business was considered to be at a level that was acceptable, subject to conditions which would limit the impact on the residential amenities of neighbouring dwellings.  The proposal was considered to be appropriate for its location and would not adversely harm visual amenity or the residential amenities of nearby occupants in accordance with Policy LP26 of the Central Lincolnshire Local Plan.

The Committee discussed the content of the report and the following questions and comments were put forward:

·         Comment: Support was given to limiting the maximum number of dogs to three at the premises at any one time.

·         Answer: The proposal had been looked at in some detail and compared with other business use, such as hairdressing.  The proposed business use required permission owing to its nature and conditions were proposed to control the scale of the use, which should reassure local residents.

·         Comment: Any breaches in the conditions should be reported to the planning department for enforcement.

RESOLVED that the application planning permission be approved subject to the following 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.

03) The land or premises to which this permission relates shall be for the treatment of injured racing greyhounds only and for no other purpose within the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

Reason: In order to protect residential amenity.

04) The permission shall ensure for the benefit of Mr Gabriel Freiria-Celis only and shall not ensure for the benefit of the land.

Reason: The site would not normally  ...  view the full minutes text for item 5h

The Assistant Director for Planning:

1. described the details of the application at land between 1 and 9 – 11 Greetwell Gate, Lincoln, proposing the extension of existing permission (2020/0731/RG3) for the siting of a mobile unit for use as a temporary welfare centre until 12th December 2021;

2. advised that the proposal had been made by the City of Lincoln Council as it related to council owned land.

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

·         Policy LP25 The Historic Environment

·         Policy LP26 Design and Amenity

·         National Planning Policy Framework

4. advised the Committee of the main issues to be considered as part of the application to assess the proposal with regards to:

·         Acceptability of Use

·         Impact on Residential Amenity

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

·         Highway Safety

5. outlined the responses made to the consultation exercise;

6. concluded that the proposed use of the site as a temporary welfare centre would not cause harm to the overall character and appearance of the conservation area.  Appropriate conditions controlling visiting hours, the use for a temporary period and monitoring through CCTV would limit harm to residential amenity in accordance with LP25 and LP26 Central Lincolnshire Local Plan and the National Planning Policy Framework.

The Committee discussed the content of the report and the following questions and comments were put forward:

·         Comment: It was highlighted that the pilot had not yet taken place.

·         Comment: It was pleasing to see there had only been two objections received as part of this application, compared to the original application.

RESOLVED that the application planning permission be approved subject to the following 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.

03) Prior to commencement of the use, CCTV shall be installed at the site.

Reason. In order to monitor and manage the approved use.

04) The welfare unit shall be used by operatives between the hours of 10:00am - 2:30pm every 4 weeks out of 12 only.

Reason. In order to protect residential amenity.

05) The use hereby approved for a temporary welfare centre shall cease after 12th December 2021.

            Reason: In accordance with the temporary nature of the planning    permission.

NOTE: At this point in the proceedings, Councillor Rebecca Longbottom re-entered the room for the remainder of the meeting. 

The Planning Team Leader:

1. described the details of the application for the replacement of one timber rear door to UPVC and the replacement of two timber rear windows to UPVC at 394 High Street, Lincoln; 

2. advised that the application had been made by the City of Lincoln Council as it concerned a council owned property.

3. referred to the update sheet which contained a replacement window design;

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

·         Policy LP25 The Historic Environment

·         Policy LP26 Design and Amenity

·         National Planning Policy Framework

5. advised the Committee of the main issues to be considered as part of the application to assess the proposal with regards to:

·         Planning Policy

·         Impact on Visual Amenity and Character and Appearance of Conservation Area No. 2

·         Impact on Residential Amenity

·         Highway Safety

6. concluded that the replacement windows and door were considered to be acceptable and would not cause undue harm to visual amenity or the character and appearance of the conservation area, in accordance with Local Plan Policy LP25 and LP26 and guidance contained within the National Planning Policy Framework.

The Committee discussed the content of the report and the following questions and comments were put forward:

·         Question: It was queried what the colour of the windows would be and whether the windows could be recessed, with it being in a conservation area. 

·         Answer: The windows would be white and it would be informally queried with the applicant whether the windows could be recessed.

RESOLVED that the application planning permission be approved subject to the following conditions:

• Development to be carried out within three years.

·         Development to be carried out in accordance with the plans.

The Planning Team Leader:

1. described the application for the replacement of one timber front door to UPVC at 1 Fulbeck House, Turner Avenue, Lincoln; 

2. provided details of the policy pertaining to the application, as follows:

·         Local Plan Policy LP26 – Visual Amenity

3. advised the Committee of the main issues to be considered as part of the application to assess the proposal with regards to:

·         Local Plan Policy

·         Visual Appearance

4. outlined the responses made to the consultation exercise;

5. concluded that the proposed door would be an acceptable visual change to the property and would be in accordance with local plan policy.

RESOLVED that the application planning permission be approved subject to the following conditions:

• Development to be carried out within three years.
• Development to be carried out in accordance with the plans.