Agenda and minutes

RESOLVED that the minutes of the meeting held on 12 January 2022 be confirmed and signed by the Chair as a true record.

RESOLVED that the minutes of the meeting held on 26 January 2022 be confirmed and signed by the Chair as a true record.

RESOLVED that the minutes of the meeting held on 23 February 2022 be confirmed and signed by the Chair as a true record.

Councillor Edmund Strengiel made a Declaration of Predetermination with regard to the agenda item titled 'Blue Lagoon, Farrington Crescent, Lincoln'. Reason: He had been in various discussions over the years regarding the subject of this planning application and considered that his views were predetermined.

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

Councillor Gary Hewson declared a Personal and Pecuniary Interest with regard to the agenda item titled 'Former William Sinclair Holdings Site, Firth Road, Lincoln'.

Reason: He knew well one of the objectors to the application for proposed development.

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

Councillor Gary Hewson declared a Personal Interest with regard to the agenda item titled 'Land at Derwent Street, Lincoln'.

Reason: He served as a member on the Upper Witham Drainage Board.

He had duly considered whether this interest was a pecuniary interest under the member code of conduct. When taking into consideration the reasonable member of the public test, as outlined in the code of conduct, and the assessment of how much this application would affect the Drainage Board, he did not consider that his interest was a pecuniary interest. He would therefore be participating in the meeting as a member of the Committee.

Councillor Rebecca Longbottom declared a Personal Interest with regard to the agenda item titled 'Land at Derwent Street, Lincoln'.

Reason: She served as a member on the Upper Witham Drainage Board.

She had duly considered whether this interest was a pecuniary interest under the member code of conduct. When taking into consideration the reasonable member of the public test, as outlined in the code of conduct, and the assessment of how much this application would affect the Drainage Board, she did not consider that her interest was a pecuniary interest. She would therefore be participating in the meeting as a member of the Committee.

Councillor Rebecca Longbottom declared a Personal Interest with regard to the agenda item titled 'Former William Sinclair Holdings Site, Firth Road, Lincoln'. Reason: She served as a member on the Upper Witham Drainage Board.

She had duly considered whether this interest was a pecuniary interest under the member code of conduct. When taking into consideration the reasonable member of the public test, as outlined in the code of conduct, and the assessment of how much this application would affect the Drainage Board, she did not consider that her interest was a pecuniary interest. She would therefore be participating in the meeting as a member of the Committee.

In the interests of transparency:

·         Councillor Bob Bushell wished it to be recorded in relation to Item No 5 (f) of the agenda, Hartsholme Country Park, Dam Wall, that Hartsholme Country Park came within his role as Portfolio Holder for Remarkable Place, however, he had not received any updates on the proposed works and had no personal interest in the matter.

·         Councillor Bean wished it to be recorded that he was a member of Hartsholme Park Advisory Group.

An update sheet was circulated in advance of the meeting, which included:

·         Additional responses and visuals received in respect of agenda Item No 5b - Former William Sinclair Holdings Site, Firth Road, Lincoln. 2021/0817/HYB.

·         Additional responses received, including photographs, and a copy of the tree report prepared by the City of Lincoln Council Arboricultural Officer in respect of agenda Item No 5(g) – Blue Lagoon, Farrington Crescent, Lincoln. 2021/0175/TRC

·         Visual photographs in relation to Agenda Item No 5 (d) and 5(e) (LBC) – 5 Christs Hospital Terrace, Lincoln. 2022/0057/HOU and 2022/0058/LBC

RESOLVED that the update sheet be received by the Planning Committee.

Dave Walker, Arboricultural Officer:

a.        advised the Committee of the reasons for proposed works to trees in the City Council's 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.

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

RESOLVED that the order of business be amended to allow the applications for development at Blue Lagoon, Farrington Crescent, Lincoln and Land at Derwent Street, Lincoln to be considered as the next two agenda items respectively.

(Councillor Strengiel left the room during the consideration of this item having declared a predetermined interest in the matter to be decided. He took no part in the discussion or vote on the planning application)

The Planning Team Leader:

1. advised that permission was sought for demolition of trees/tree works; itemised within the Arboricultural Officer’s and Planning Officer’s report at the Blue Lagoon, a lake situated off Farrington Crescent to the south-west of Lincoln

2. reported that the site had been designated as an amenity space when the area was developed for housing in the 1970’s, having two planning conditions imposed requiring consent to be obtained from the City Council prior to carrying out any work to the remaining trees on the site and the retention of the largest lake the Blue Lagoon as an amenity area

3. highlighted that the lake was surrounded by narrow banks containing mostly self-set indigenous tree species and dense undergrowth, the tree cover remained very dense around the lake with some trees being suppressed

4. reported that local residents had reported issues at the site

5. reported that only the trees were protected by the planning condition

6. confirmed that the site had been in private ownership since the completion of the development, however, the land remained open for public benefit and was used frequently by local residents

7. reported that numerous properties backed onto the area and benefitted from the view it provided

8. reported that the lake seemed to have been used as a small-scale private fishing venue since the 1970’s

9. advised that the new owner received a grant in 2020 for improvement works and had started carrying out the work including pruning and felling of trees without planning consent

10. informed members that the site had been inspected by the Enforcement Officer and the Arboricultural Officer, who concluded that he would have been unlikely to agree the works as they were not up to British Standards, therefore, the owner was advised not to carry out further work, which was complied with immediately

11. highlighted that the owner wished to continue to manage the area for the benefit of the lake and to submit a request for further works to be carried out with the City Council’s consent; the landowner was very apologetic when notified a breach had occurred and explained that works had proceeded on account of a misunderstanding around whether the trees were protected

12. advised that although there was no formal consultation process for this type of application, local residents had submitted objections to the Enforcement Officer on the work carried out without consent, impact on wildlife and the use of the area as a fishing venue

13. confirmed that the planning application before Committee included the Arboricultural Officer’s assessment of the site and requested further proposed works to trees and details of work already completed in breach of previous planning consent

14. advised that officers were of the view that not all of the proposed works were appropriate or necessary, and also did not propose that retrospective approval be given  ...  view the full minutes text for item 85.

(Councillor Strengiel re-joined the meeting)

The Assistant Director for Planning:

1. advised that the application sought Outline planning permission for the principle of residential development for a parcel of land on Derwent Street, currently occupied by 18 single storey lock-up garages, with permission sought for up to 4 dwellings

2. described the application site at Derwent Street situated off Carholme Road, a one-way street characterised by two storey terrace properties

3. highlighted that the application was brought to Planning Committee at the request of Councillor Neil Murray

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

·         Policy LP26: Design and Amenity

·         National Planning Policy Framework

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

·         Principle of the Development

·         Visual Amenity and Design

·         Impact on Neighbours

·         Technical Matters

6. outlined the responses made to the consultation exercise

7. concluded that:

The Committee considered the content of the report in further detail.

The following comments/questions emerged from discussions held:

·         Comment: Availability of parking space was a planning consideration. Resident’s parking had been introduced in the area due to serious problems. It was of concern that the development would generate additional vehicles in an area that already had existing parking problems.

·         Question: What was the officer’s view on the reason why there had only been one public objection received to the proposal?

·         Comment: Following a site visit it was noted that cars were parked both sides of the road. It was a very busy street. When the garages were demolished and replaced by housing there would be more on-street parking.

·         Comment: The Highway Authority referred to one car parking space provided per dwelling, which was doubtful according to available space, however, the application before us this evening sought Outline planning permission, provision of car parking spaces could be dealt with at Reserved Matters stage.

The Assistant Director of Planning offered the following point of clarification to members:

·         This application was Outline, the plan was indicative only, however it showed that four dwellings could be accommodated on the site. The detail of the application was to be dealt with at a later stage.

·         Car parking was a material planning consideration; given the sustainable location, nature, and size of the site it was considered that one car parking space per unit could be achieved and was acceptable.

Councillor Burke requested that subject to grant of Outline planning permission this evening, a condition be imposed for the detailed application to be brought back to Planning Committee.

The Assistant Director of Planning highlighted that it was within the member’s right to request that the application be called back to committee at Reserved Matters stage.

Councillor Burke suggested that it was  ...  view the full minutes text for item 86.

The Assistant Director for Planning:

1. described the application property, 10-11 Lindum Terrace as two detached three storey villas connected by a flat roof, brick extension, most recently occupied as a medical facility providing a centre for child adolescence services

2. reported that the buildings had laid empty for over ten years and despite having suffered fire damage and being in a state of disrepair, were structurally sound

3. added that an application for planning permission had been granted in 2018 for the re-development of the properties with neighbouring sites to form a new medical village (2016/1140/FUL), but permission was never implemented and had now lapsed

4. described the location of the properties to the north of Lindum Terrace approximately 1m higher than the road, as detailed within the officer’s report

5. confirmed that the site was situated within the Lindum and Arboretum Conservation Area

6. advised that planning permission was sought for partial demolition works and the erection of a 2½ storey rear extension and a glazed link extension to replace the existing brick link structure, together with refurbishment work, including replacement windows, doors and new rooflights

7. reported that the extensions and associated refurbishment works would facilitate a change of use of the properties to 16no. two-bedroom and 4no. one-bedroom flats, including proposed alterations to the access from Lindum Terrace to create areas for parking

8. confirmed that the proposals had been revised during the process of the application following extensive discussions between the agent, officers and the Principal Conservation Officer, resulting in the removal of a two-storey extension to the side and the scaling down of the rear extensions, reducing the overall number of units proposed from 33 to 20, together with revisions to their design to improve their appearance, impact on the Conservation Area and residential amenity

9. added that all neighbours and statutory consultees had been re-consulted on the revised proposals

10. 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 LP9: Health and Wellbeing

·         Policy LP11: Affordable Housing

·         Policy LP12: Infrastructure to Support Growth

·         Policy LP13: Accessibility and Transport

·         Policy LP14: Managing Water Resources and Flood Risk

·         Policy LP25: The Historic Environment

·         Policy LP26: Design and Amenity

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

·         National Planning Policy Framework

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

·         Principle of Use

·         Developer Contributions

·         Visual Amenity and Character and Appearance of the Conservation Area

·         Residential Amenity

·         Access, Parking and Highway Matters

·         Trees

·         Archaeology

·         Surface Water and Drainage

12. outlined the responses made to the consultation exercise

13. concluded that:

(Councillor Hewson left the room during the consideration of this item having declared a personal and prejudicial interest in the matter to be decided. He took no part in the discussion or vote on the planning application)

The Planning Team Leader:

1. described the application site, located to the south west of the City Centre, currently vacant although previously hosted by a series of industrial buildings which had now been demolished, situated within a Regeneration Opportunity Area as identified in the Central Lincolnshire Local Plan ( CCLP) and within Flood Zone 3

2. advised on the use of the surrounding area to the application site as follows:

3. confirmed that vehicular access to the site was proposed via Firth Road to the north

4. advised that planning permission was sought in Hybrid form with full details submitted for the eastern part of the site (Phase 1), proposing the erection of 22 buildings comprising 67 residential units including 40 C4 Houses in Multiplication (HiMO’s) and 19 Sue Generis HMOs, and an additional building at the entrance to the site containing office accommodation at ground floor with 8 apartments over two floors above

5. reported that the site offered 310 bedspaces within Phase 1; 16 of the units would be accessible and their layouts also complied with Building Regulations M4(3)

6. referred to Phase 2 of the scheme presented in Outline form with only the details of the access being considered as part of the current application, other matters would be determined on subsequent reserved matters applications, however, an indicative layout had been submitted showing 276 bedspaces within Phase 2

7. 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 LP9: Health and Wellbeing

·         Policy LP10: Meeting Accommodation Needs

·         Policy LP12: Infrastructure to Support Growth

·         Policy LP13: Accessibility and Transport

·         Policy LP14: Managing Water Resources and Flood Risk

·         Policy LP16: Development of Land Affected by Contamination

·         Policy LP18: Climate Change and Low Carbon Living

·         Policy LP25: The Historic Environment

·         Policy LP26:  Design and Amenity

·         Policy LP29: Protecting Lincoln’s Setting and Character

·         Policy LP32: Lincoln’s Universities and Colleges

·         Policy LP35: Lincoln’s Regeneration and Opportunity Areas

·         National Planning Policy Framework

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

·         Principle of Use

·         Objection from University/Student Demand

·         Developer Contributions

·         Visual Amenity

·         Energy

·         Impact on Residential  ...  view the full minutes text for item 88.

(Councillor Hewson re-joined the meeting.)

(Councillor Watt left the meeting early to attend a prior engagement.)

The Planning Team Leader:

1. reported that the application was brought before Committee at the request of Councillor Longbottom

2. advised that planning permission was sought for this property at 5 Christ’s Hospital Terrace, a three-storey house at the intersection of Steep Hill, Christ’s Hospital Terrace, Michaelgate and Wordsworth Street, opposite The Harlequin; the gable of the application property faced Steep Hill, with a yard at basement level containing a single storey outbuilding to its immediate south

3. confirmed that the application property was grade II listed; an associated listed building consent application was to be considered as the next item on tonight’s agenda

4. advised that planning permission was sought to extend the property into the yard, demolition of the single storey out-building, erection of a ground floor structure to form a bedroom and above it, at first floor a part glazed building serving the main house as additional living space

5. highlighted that the new structure would be constructed behind the existing wall and railings to the Steep Hill side of the yard, which would be retained

6. reported that:

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

·         National Planning Policy Framework

·         16: Conserving and Enhancing the Historic Environment

·         Central Lincolnshire Local Plan

·         Policy LP25: The Historic Environment;

·         Policy LP26: Design and Amenity Standards

·         Policy LP29: Protecting Lincoln’s Setting and Character

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

·         The relationship of the proposal to planning policy

·         The impact of the proposal on the significance of the listed building and on the character and appearance of the conservation area

·         The impact on the amenity of adjacent residents

9. outlined the responses made to the consultation exercise

10. referred to the Update Sheet which included additional photographs in relation to the planning application

11. concluded that the applicant had explored several options with their architect and officers of the Planning Authority to arrive at a form of development that was considered to be acceptable in this sensitive location, it represented a contemporary but also restrained addition to the area.

Melanie Whild addressed Planning Committee in support of the application, making the following points:

·         She thanked members for allowing her the opportunity to speak.

·         The proposals had  ...  view the full minutes text for item 89.

The Planning Team Leader:

1. advised that this application for planning permission related to the three- storey property at 5 Christ’s Hospital Terrace, a three-storey house at the intersection of Steep Hill. Christ’s Hospital Terrace, Michaelgate and Wordsworth Street, opposite The Harlequin; the gable of the application property faced Steep Hill, with a yard at basement level containing a single storey outbuilding to its immediate south

2. confirmed that the application property was grade II listed; and this application sought listed building consent for the property

3. advised that it was proposed to extend the property into the yard, for the single storey out-building to be taken down, erection of a ground floor structure to form a bedroom and above it, at first floor a part glazed building serving the main house as additional living space

4. highlighted that the new structure would be constructed behind the existing wall and railings to the Steep Hill side of the yard, which would be retained

5. reported that:

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

·         National Planning Policy Framework

·         16: Conserving and Enhancing the Historic Environment

·         Central Lincolnshire Local Plan

·         Policy LP25: The Historic Environment;

·         Policy LP26: Design and Amenity Standards

·         Policy LP29: Protecting Lincoln’s Setting and Character

7. advised Planning Committee of the main issue to be considered as that of the impact of the proposal upon the significance of the listed building

8. outlined the responses made to the consultation exercise

9. referred to the Update Sheet which included additional photographs in relation to the planning application

10. concluded that:

Members discussed the content of the report in further detail.

RESOLVED that planning permission be granted.

The Planning Team Leader:

1. described the application site, Hartsholme Country Park, as a Grade II Listed Historic Park and Garden

2. advised that the proposal related specifically to the existing dam wall and culverts located to the north of the lake, adjacent to Skellingthorpe Road, with works to the existing outfall culverts, concrete slab and surrounding walls to facilitate an increased capacity and improved safety for the existing reservoir

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

·         National Planning Policy Framework

·         Policy LP22: Green Wedges

·         Policy LP25: The Historic Environment;

·         Policy LP29: Protecting Lincoln’s Setting and Character

4. advised Planning 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 Visual Amenity and the Character or Setting of the Designated Heritage Asset as a Historic Park and Garden

·         Works to Trees

·         Ecological Impacts

5. outlined the responses made to the consultation exercise

6. concluded that the proposed works were essential to maintaining the safety of the lake, whilst preserving and protecting the character and setting of the Historic Park and Garden in accordance with policies LP22, LP25 and LP29 of the Central Lincolnshire Local Plan and the National Planning Policy Framework.

RESOLVED that planning permission be granted subject to the following conditions:

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)      Prior to works commencing on site details of measures to protect the trees on site during construction shall be submitted to and approved by the City Council as Local Planning Authority.  The approved details shall be implemented on site prior to works commencing on site and shall be retained until work has completed.

            Reason:  In order to protect the trees on the site from the development.

Conditions to be discharged before use is implemented

            None.

Conditions to be adhered to at all times

            None.

Table A

The above recommendation has been made in accordance with the submitted drawings identified below:

Informatives

All bat species found in the U.K. are protected under the Conservation of Species and Habitats Regulations 2017 (as amended) and the Wildlife and Countryside Act  ...  view the full minutes text for item 91.