Agenda and minutes

RESOLVED that the minutes of the meeting held on 4 October 2023 be confirmed and signed by the Chair as a correct record.

An update sheet was circulated in relation to planning applications to be considered this evening, which included additional information for Members attention received after the original agenda documents had been published.

RESOLVED that the update sheet be received by Planning Committee.

Councillor Bill Mara declared a Personal Interest with regard to the agenda item titled '15 Fleet Street, Lincoln'. Reason: He was known to one of the objectors, however, not in any personal capacity.

Councillor Rebecca Longbottom declared a Personal and Pecuniary Interest with regard to the agenda item titled 'Land To The Rear Of 10 Steep Hill, Lincoln'. Reason: She owned a property that overlooked the application site.

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

Councillor Rebecca Longbottom declared a Personal and Pecuniary Interest with regard to the agenda item titled 'Lindum Sports Association Ltd, St Giles Avenue, Lincoln'. Reason: She was known to one of the objectors.

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

Councillor Rebecca Longbottom declared a Personal and Pecuniary Interest with regard to the agenda item titled '41 Yarborough Road, Lincoln'. Reason: She was known to one of the objectors.

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

Dave Walker, Arboricultural Officer:

a)    advised Planning 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.

Kieron Manning, Assistant Director of Planning, gave a short summary position in relation to Article 4 as a refresher and for assistance for newer members in relation to applications for development to be considered at this evenings Planning Committee.

The Assistant Director of Planning:

a)    reported that planning permission was sought for the proposed erection of a single storey side and rear extension to a two storey end-terrace dwelling at 15 Fleet Street Lincoln, located within Flood Zone 2

b)    reported that the application had been revised during the process following officer concerns regarding the scale of the original proposal, which would have covered a large proportion of the rear yard, extending up to the side boundary of the site and within 0.29m of the side boundary

c)    added that these concerns raised issues both in terms of visual and residential amenity; officers were more comfortable with the scale of the revised proposal submitted and a re-consultation had since been undertaken

d)    advised that the application was brought before Planning Committee as it had received more than 4 objections and had been called in by Councillor Lucinda Preston and Councillor Neil Murray

e)    reported that a certificate of existing lawfulness was granted this year for the continued use of the property as a Small House in Multiple Occupation (Use Class C4) 2023/0537/CLE; the dwelling could therefore be occupied as a C4 HMO which permitted up to 6 individuals to live within the property

f)     provided details of the policies pertaining to the application, as follows:

·         National Planning Policy Framework      

·         Policy S53: Design and Amenity

·         Policy S13: Reducing Energy Consumption in Buildings

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

·         Accordance with National and Local Planning Policy

·         Impact on Residential Amenity

·         Impact on Visual Amenity

·         Highway Safety, Access and Parking

·         Flood Risk

·         Reducing Energy Consumption

h)    outlined the responses made to the consultation exercise

i)     concluded that the proposals would not have a detrimental impact on the residential amenities of neighbouring properties or the visual amenity of the wider area, in accordance with policy S53 of the Central Lincolnshire Local Plan and the National Planning Policy Framework.

Councillor Emily Wood addressed Planning Committee in relation to the proposed planning application, in her capacity as Ward Advocate and also on behalf of fellow Ward Advocates. She outlined the following main points:

·         She strongly objected to the planning application.

·         The proposed extension would reduce the outdoor space of the property.

·         The Victorian aspect of the house would also be affected.

·         There would be an adverse affect on those people living in the property.

·         Issues of lack of privacy.

·         The owner of this property also owned similar dwellings. He had a tendency to add in extra bedrooms.

·         Issues of impact on available car parking space.

·         The proposed single storey side and rear extension was inappropriate to the area and local residents.

·         The planning application would have an adverse impact on the local community and the West End.

Councillor Lucinda Preston addressed Planning Committee in her capacity as Ward Advocate in relation to the proposed planning application, also on behalf of fellow Ward Advocates. She covered the following main points:

·         She spoke on behalf of Helen Thompson, neighbour to the  ...  view the full minutes text for item 39.

(Councillor Longbottom left the room during the consideration of the following item having declared a personal and pecuniary interest in the matter to be discussed. She took no part in the debate or vote on the matter to be determined.)

The Planning Team Leader:

a)    reported that planning permission was sought for the replacement of two existing cricket practice nets with three new cricket practice nets at Lindum Sports Association, located off St Giles Avenue

b)    advised that the site was used for a variety of sports including Cricket, Hockey, Football, Rugby, Clubhouse facilities, Squash Courts, Gymnasium and changing facilities

c)    reported that the site was screened by an approximately 2 metre fence which ran around Wragby Road and St Giles Avenue, together with a line of trees located along the Wragby Road boundary, protected by a tree preservation order.

d)    advised that the site was bound by the rear gardens of residential properties to the north and east of the area, located just outside the Newport and Nettleham Road Conservation Area No.9

e)    highlighted that the application had been called into Planning Committee by Councillor Wells

f)     provided details of the policies pertaining to the application, as follows:

·         National Planning Policy Framework      

·         Policy S53: Design and Amenity

·         Policy S64: Local Green Space

·         Policy S65: Important Open Space

g)    provided details of the issues pertaining to the application, as follows:

·         Local and National Planning Policy

·         Residential Amenity

·         Visual Amenity

·         Effect on the Playing Field Provision

·         Highway Safety

h)    outlined the responses made to the consultation exercise

i)     concluded that:

·         The proposal related to replacement cricket nets at an existing sports ground to serve a larger number of practice cricket bays.

·         The proposal was considered not to cause any significant impacts in terms of its design or to local or residential amenity.

·         The proposal would therefore be in accordance with the requirements of Central Lincolnshire Local Plan Policies S64, S65 and S53, as well as guidance within the National Planning Policy Framework.

Helen Tressler, local resident, addressed Planning Committee in objection to the proposed planning application, covering the following main points:

·         Following personal letters received from Lindum Sports Association regarding purchase of new cricket nets, a three figure donation had been made to this cause by local residents.

·         She objected to the proposal based on location/loss of privacy/impact/disturbance/interference.

·         The replacement nets would be higher and wider, directly in front of her back garden.

·         The club would not be spending £60,000 on new nets if they weren’t going to be fully utilised.

·         The new nets would have an affect on our daily lives. We were not able to change the location and size of our homes.

·         There would be an increase in noise associated with the cricketers and bowling machines/associated equipment.

·         There would be substantial noise/interference and disturbance for residents close by.

·         The site was bounded by a fence and tall trees. The new nets would be only 1 metre from their own boundary wall.

·         The proposals would compromise the use  ...  view the full minutes text for item 40.

(Councillor Longbottom remained outside of the room during the consideration of the following item having declared a personal and pecuniary interest in the matter to be discussed. She took no part in the debate or vote on the matter to be determined.)

The Planning Team Leader:

a)    described the application site which previously formed the garden land of No. 41 Yarborough Road, although the application created a separate plot and proposed to erect a new dwelling fronting Victoria Passage

b)    advised that to the south of the application site were a row of terraced properties fronting Victoria Terrace, Victoria Cottage to the east fronting Victoria Passage and further east The Stable Block

c)    reported that Victoria Cottage was of single storey scale with rooms within the roof-space whilst The Stable Block was a two storey dwelling; granted planning permission under applications 99/646/F and LA16/0018/95

d)    described Victoria Passage to the north, a partly adopted road, running from Alexandra Terrace to Victoria Street and to the west a row of terraced properties at 41-47 Yarborough Road

e)    highlighted that the proposal had been subject to pre application advice and further officer discussions during the application process which had resulted in revised drawings; the original proposal was for 2 two-bedroomed semi-detached properties of two storey scale which had been revised to a single detached house with 4 bedrooms over two floors, and the scale of the proposal had been reduced so that the second floor would be within the roof space

f)     confirmed that the application was brought to Planning Committee as it had received more than 4 objections.

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

·         National Planning Policy Framework      

·         Policy S1: The Spatial Strategy and Settlement Hierarchy

·         Policy S3: Housing in the Lincoln Urban Area, Main Towns and Market Towns

·         Policy S6: Design Principles for Efficient Buildings

·         Policy S7: Reducing Energy Consumption - Residential Development

·         Policy S12: Water Efficiency and Sustainable Water Management

·         Policy NS18: Electric Vehicle Charging

·         Policy S21: Flood Risk and Water Resources

·         Policy S53: Design and Amenity

·         Policy S57: The Historic Environment

h)    provided details of the issues pertaining to the application, as follows:

·         National and Local Planning Policy

·         The Principle of the Development

·         Impact on Visual Amenity

·         Impact on Residential Amenity

·         Highways

·         Trees

·         Land Stability

·         Contamination

·         Energy Efficiency

·         Archaeology

·         Drainage

i)     outlined the responses made to the consultation exercise

j)     concluded that:

·         The dwelling in its revised form would relate well to the site and surroundings, particularly in relation to siting, height, scale, massing and design.

·         Technical matters were to the satisfaction of the relevant consultees and could be dealt with where required by condition.

·         The proposals would therefore be in accordance with the requirements of CLLP Policies and the NPPF.

Gavin Street, local resident, addressed Planning Committee in objection to the proposed planning application, covering the following main points:

·         He urged Planning Committee to reject the planning application on the grounds of loss of a key Greenfield Site.

·         The new dwelling  ...  view the full minutes text for item 41.

(Councillor Longbottom returned to the room and re-took her seat as a member of Planning Committee.)

The Assistant Director of Planning:

a)    referred to the application property at 35 Gresham Street, a two storey terraced property

b)    advised that planning permission was sought for the erection of single storey side/rear extension to the existing property

c)    advised that the application was brought before Planning Committee as it had been called in by Councillor Lucinda Preston and Councillor Neil Murray

d)    provided details of the policies pertaining to the application, as follows:

·         National Planning Policy Framework      

·         Policy S53: Design and Amenity

e)    provided details of the issues to be assessed in relation to the planning application, as follows:

·         National and Local Planning Policy

·         Principle of the Development

·         Impact on the Amenity of Nearby Properties and Occupants of the Dwelling

·         Design and Impact on Visual Amenity

·         Highway Safety, Access and Parking

f)     outlined the responses made to the consultation exercise

g)    concluded that the proposals would not have a detrimental impact on the residential and visual amenity of neighbouring properties, nor the amenity of the occupiers of the host property, in accordance with policy S53 of the Central Lincolnshire Local Plan and the National Planning Policy Framework.

Councillor Neil Murray addressed Planning Committee in his capacity as Ward Advocate in relation to the proposed planning application, also on behalf of fellow Ward Advocates. The following main points were made:

·         He had been asked to speak on behalf of the residents in Gresham Street, who felt the Council would just do as it liked.

·         The proposals resulted in another extension being crammed in the area.

·         The proposal would cause cumulative harm to the amenity of the area and be a bad outcome.

·         Garden areas were beneficial for people and the environment.

·         This application and others before us this evening undermined the spirit of Article 4 and were for personal profit only.

·         There were lots of existing empty houses in the West End.

·         The proposals would bury another garden area.

·         When would garden areas be protected by this Council?

·         He urged Planning Committee to refuse planning permission based on loss of amenity for existing occupants, residential neighbours and the wider community.

Councillor Lucinda addressed Planning Committee in her capacity as Ward Advocate in relation to the proposed planning application, also on behalf of fellow Ward Advocates. She made the following main points:

·         It was in the gift of Planning Committee to turn down this planning application. There were precedents to be referred to.

·         The same landlord was buying up many houses in the City against the expectations of Article 4.

·         This application affected local residents and concreted over another back garden.

·         She urged that this planning application was rejected.

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

The following points were raised in relation to the planning application:

·         Residents should not feel we were not interested in their views, which was the reason for holding this meeting.

·         There were no planning  ...  view the full minutes text for item 42.

The Planning Team Leader:

a)    described the application property at 25 Tennyson Street, a two storey terraced dwelling located in the West End, within the West Parade and Brayford Conservation Area No. 6

b)    advised that planning permission was sought for the installation of an electric vehicle charge point to the front boundary wall of the property

c)    advised that the application was delegated to Planning Committee, the applicant being an employee of the City of Lincoln Council.

d)    provided details of the policies pertaining to the application, as follows:

·         National Planning Policy Framework

·         Policy NS18: Electric Vehicle Charging  

·         Policy S53: Design and Amenity

·         Policy 57: The Historic Environment

e)    provided details of the issues to be assessed in relation to the planning application, as follows:

·         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

f)     outlined the responses made to the consultation exercise

g)    concluded that the proposed charging equipment would not have a detrimental impact on the residential and visual amenity of neighbouring properties and would preserve the character and appearance of the conservation area, in accordance with policies NS18, S53 and S57 of the Central Lincolnshire Local Plan and the National Planning Policy Framework.

Councillor Neil Murray addressed Planning Committee in his capacity as Ward Advocate in relation to the proposed planning application, also on behalf of fellow Ward Advocates. He reported that the proposals for an electric vehicle charging point were a really positive addition.

Planning Committee members asked whether the cable to the electric charging point would cross the pavement.

The Planning Team Leader clarified that the cable would be on the pavement covered by a cable protector.

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 provided.

            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.

The Assistant Director of Planning:

a)    referred to the application property at 15 Allison Street, a two storey mid-terraced dwelling

b)    advised that planning permission was sought for the erection of single- storey rear extension to the existing property

c)    reported that a certificate of existing lawfulness was granted this year for the continued use of the property as a Small House in Multiple Occupation (Use Class C4) 2017/1419/CLE., allowing the dwelling to be occupied as a C4 HMO which permitted up to 6 individuals to live within the property

d)    advised that the application was brought before Planning Committee as it had been called in by Councillor Lucinda Preston and Councillor Neil Murray

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

·         National Planning Policy Framework      

·         Policy S53: Design and Amenity

·         Policy S13: Reducing Energy Consumption in Buildings

f)     provided details of the issues to be assessed in relation to the planning application, as follows:

·         Accordance with National and Local Planning Policy

·         Impact on Residential Amenity

·         Impact on Visual Amenity

·         Highway Safety, Access and Parking

·         Reducing Energy Consumption

g)    outlined the responses made to the consultation exercise

h)    referred to the Update Sheet circulated at this evening’s Planning Committee which included an additional response received from Lincolnshire County Council as Local Highway Authority and Lead Local Flood Authority in respect of the proposed planning application

i)     concluded that the proposals would not have a detrimental impact on the residential amenities of neighbouring properties or the visual amenity of the wider area, in accordance with policy S53 of the Central Lincolnshire Local Plan and the National Planning Policy Framework.

Councillor Neil Murray addressed Planning Committee in his capacity as Ward Advocate in relation to the proposed planning application, also on behalf of fellow Ward Advocates. He covered the following main points:

·         He had been asked to speak on this planning application by local residents.

·         The proposed planning application was similar to a previous one at 13 Albert Crescent, which was rejected by Planning Committee, and upheld at appeal.

·         Allison Street was the most disadvantaged streets in this part of the West End.

·         The houses were close together.

·         Much accommodation was in the rented sector.

·         There were many single parents living there due to its affordability.

·         The proposed extension to the property would increase the amount of concrete in the area.

·         The proposals undermined the spirit of Article 4.

·         The proposed extension was for financial gain only.

·         The garden area to the property would be reduced considerably.

·         The plans were detrimental to the wider area, to this property and to local properties. The planning application should be rejected.

·         When would this type of development be stopped.

Councillor Lucinda addressed Planning Committee in her capacity as Ward Advocate in relation to the proposed planning application, also on behalf of fellow Ward Advocates. She made the following main points:

·         She spoke on behalf of the local community.

·         The applicant was a London-based property developer and not local.

·         There were  ...  view the full minutes text for item 44.

(Councillor Longbottom left the room during the consideration of the following item having declared a personal and pecuniary interest in the matter to be discussed. She took no part in the debate or vote on the matter to be determined.)

The Planning Team Leader:

a)    advised that planning permission was sought for the erection of a single house and demolition of two existing garage buildings at this site to the rear or 10 Steep Hill, Lincoln, facing out onto Michaelgate

b)    reported that this was a resubmitted planning application following planning permission being refused in 2022 for two houses

c)    described the location of the site in the Cathedral and City Centre Conservation Area within a predominantly residential part of the conservation area

d)    highlighted that although the application site belonged to 10 Steep Hill, it had a stronger relationship to Michaelgate; it had the appearance of being disused, taken up with two derelict single storey brick garages

e)    advised that the application proposal for a two-storey house would involve the L shaped structure being built up to the back of the pavement on Michaelgate, and along the northern boundary of the site adjacent to the garden of 11 Steep Hill, which also ran through to Michaelgate

f)     reported that access for vehicles would be provided to the south side of the site and off-road parking be provided for two cars within a newly rebuilt garage to the rear of the proposed house

g)    gave details of the history to the application site as detailed within the officer’s report, advising that the new application for one dwelling sought to address the previous reasons for refusal of planning permission

h)    provided details of the policies pertaining to the application, as follows:

·         Planning (Listed Buildings and Conservation Areas) Act 1990 – sections 16, 66 and 72.

·         National Planning Policy Framework (NPPF) – particularly: para 11 – presumption in favour of sustainable development; para 130 – achieving well designed places; para 183 and 184 – ground conditions and pollution; Chapter 16 – Conserving and enhancing the historic environment, particularly paras 199, 201, 202, 203.

·         Central Lincolnshire Local Plan – particularly: Policy S57 The Historic Environment and Policy 53 Design and Amenity.

·         Paragraph 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

i)     provided details of the issues to be assessed in relation to the planning application, as follows:

·         Compliance with National and Local planning policies;

·         Impact on the character and appearance of the conservation area and wider views of the hillside;

·         Impact on the amenity of neighbouring properties

·         Impact on slope stability

·         Impact on the Scheduled Monument and archaeology.

j)     outlined the responses made to the consultation exercise

k)    referred to the Update Sheet circulated at this evening’s Planning Committee which included additional indicative photographs of the proposed scheme

l)     concluded that:

·         The application had sought to address the previous reasons for refusal, the development having been reduced down to one dwelling and modified in design to assimilate it more  ...  view the full minutes text for item 45.