Agenda and minutes

RESOLVED that the minutes of the meeting held on 21June 2017 be confirmed.

Councillor Neil Murray declared a Personal and Pecuniary Interest with regard to the agenda item titled '19 St Catherine’s, Lincoln'.

Reason: He lived in close proximity to the application site. He left the room during the consideration of this item.

The Arboricultural Officer:

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

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

3. stated that in some cases it was not possible to plant a tree in the exact location and in these cases a replacement would be replanted in the vicinity.

RESOLVED that the works set out in the schedule at Appendix A attached to the report be approved.

The Planning Manager:

a.    described the location of the application site on the south side of St Mary’s Street by the railway station car park

b.    sought planning permission for removal of 5 mature London Plane trees with replacement planting of 5 new London Plane trees in appropriate tree pits as close to the original location of the existing trees as practicable

c.    advised that following an incident on Wednesday 28 June 2017, a tree of the same species, condition and within the same environment as the remaining trees had fallen

d.    reported that as part of the consented Transport Hub scheme work to re-pave the area around the trees; the applicants advised there were no measures that could be taken to ensure that the remaining trees would not fall down either as an immediate consequence of starting the works or at some time in the future, therefore it was proposed to remove and replace the trees.

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

·         LP25: The Historic Environment

·         LP26: Design and Amenity

f.     outlined the responses made to the consultation exercise

g.    referred to the update sheet which contained further information and a further response received in respect of the application

h.    advised members of the main issues to be considered by the application as follows:

·         Amenity Value

·         Public Safety

i.      concluded that:

·         Whilst the trees offered a level of amenity it was considered that their removal would not have a significant negative impact on the Conservation Area.

·         Whilst it had been identified that three of the trees were worthy of a TPO, the potential risk to public safety had been highlighted by the applicant and it was therefore considered that in this case, on balance, the trees could be removed, subject to suitable replacements being planted as near to the original locations as possible.

Members expressed concerns regarding the recommendation of officers in this instance not to protect mature trees which was contrary to normal procedure. However, it was acknowledged that this decision had to be balanced against public health and safety which was paramount.

Members made comments/asked the following questions:

·         Had the fallen tree been damaged as part of the current Transport Hub development or as a result of historical work?

·         What checks had been carried out on all the trees prior to commencement of works?

·         What was the opinion of the Arboricultural Officer on the sustainability and prosperity of the replacement trees?

·         To what height would the replacement trees mature in pots?

·         The majority of residents would favour retention of the trees for amenity value/to take fumes out of the atmosphere. It was current policy to remove raised beds across the City which gave a confusing message if these trees were to be felled.

·         It was not known whether the remaining trees were damaged or not. The inference was that removing the trees would make the contractor’s work easier.

The Planning Manager offered the following points of clarification to members:

·         Each case  ...  view the full minutes text for item 22.

RESOLVED that the order of business be amended to allow the report on Land to the Rear of 110 Longdales Road, Lincoln to be considered as the next agenda item, and the report on The Phoenix, St Helens Avenue, Lincoln to be considered as the subsequent application for development.

The Principal Planning Officer:

a.    advised that planning permission was sought for the erection of a two storey, three bedroom dwelling house

b.    described the proposed development site situated to the rear of a two-storey host property fronting Longdales Road with a large rear garden which sloped slightly down to Aubourn Avenue

c.    suggested new fencing and a new privet hedge to the front replacing an existing hedge; and trees to the rear

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

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

·         Central Lincolnshire Local Plan (Adopted April 2017)

·         Policy LP1: A Presumption in Favour of Sustainable Development

·         Policy LP2: The Spatial Strategy and Settlement Hierarchy

·         Policy LP3: Level and Distribution of Growth

·         Policy LP4: Growth in Villages

·         Policy LP5: Delivering Prosperity and Jobs

·         Policy LP13: Accessibility and Transport

·         Policy LP14: Managing Water Resources and Flood Risk

·         Policy LP16: Development on Land affected by Contamination

·         Policy LP21: Biodiversity and Geodiversity

·         Policy LP26: Design and Amenity

·         Policy LP36: Access and Movement within the Lincoln Area

·         Core Strategy & Development Management Policies of the Lincolnshire Minerals & Waste Local Plan (Adopted June 2016)

Ø      Policy M11    Safeguarding of Mineral Resources

·         National Planning Policy Framework

f.     outlined the responses made to the consultation exercise

g.    advised members of the main issues to be considered by the application as follows:

·         The Principle of the Development;

·         The Impact of the Design of the Proposals;

·         The Implications of the Proposals upon Amenity;

·         Other Matters; and

·         The Planning Balance

h.    concluded that:

·         The presumption in favour of sustainable development required by the National Planning Policy Framework would apply to the proposals as there would not be conflict with the three strands of sustainability that would apply to development as set out in the planning balance. Therefore, there would not be harm caused by approving the development.

·         As such, it was considered that the application should benefit from planning permission for the reasons identified in the report and subject to the conditions outlined within the officer’s report.

Councillor Liz Maxwell, addressed Planning Committee as Ward Advocate on behalf of local residents, covering the following main points:

·         Some of the local residents she represented were quite elderly.

·         Aubourn Avenue was very narrow in width causing issues of access and parking for local residents.

·         Students from Bishop Grosseteste University also parked on Aubourn Avenue causing blocked access to driveways/difficulties for residents.

·         The proposed development would add to problems for residents getting in and out of their driveways.

·         Parking from the local sports field traffic also affected parking in the area.

·         The hedge to be destroyed was full of nesting birds.

The Principal Planning Officeer confirmed the width of Aubourn Avenue from the edge of the footpath to the edge of the road at 5.5 metres. In comparison Longdales road measured 8.5m in width.

Members discussed the content of the report in further detail. Concerns were raised in relation to:

·         Restricted view for vehicles exiting  ...  view the full minutes text for item 24.

The Planning Manager:

a.    described the location of the proposed development, a large detached property (dormer bungalow), known as The Phoenix, accessed by a private driveway located at the northern end of St Helens Avenue, off Skellingthorpe Road

b.    advised that planning permission was sought for change of use of from a dwellinghouse (class C3) to a residential care home (class C2), by the Linkage Trust, a registered charity providing care, specialist further education and employment services to people with varying degrees of learning disabilities.

c.    added that The Trust was developing a campus within the grounds of Boultham Park, the delivery of which was dependent on the provision of accessible residential care accommodation nearby

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

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

·         National Planning Policy Framework     

·         Policy LP1: A Presumption in Favour of Sustainable Development 9

·         Policy LP10: Meeting Accommodation Needs 33

f.     outlined the responses made to the consultation exercise

g.    referred to the update sheet which contained further information in respect of the proposed development

h.    advised members of the main issues to be considered by the application as follows:

·         National and local planning policy

·         The principle of the development

·         Accessibility and parking provision

·         Potential impact on residential amenity

i.      concluded that:

·         The proposed change of use would meet an identified need for residential care accommodation and be appropriately located within the Lincoln Urban Area, in accordance with Policy LP10 'Meeting Accommodation Needs' of the Central Lincolnshire Local Plan (2017), and would not unduly impact on the amenities of neighbouring properties or the wider area.

·         Access to and from the site would be safe and convenient for both pedestrians and vehicles. Parking provision would be adequate, given the scale of the proposed development, and the potential for more sustainable modes of transport to be used.

Members discussed the content of the report in further detail.

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

Standard Conditions

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

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

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

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

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

Conditions to be discharged before commencement of works

            None.

Conditions to be discharged before use is implemented

            None.

Conditions to be adhered to at all times

05)      Notwithstanding the provisions of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (or any subsequent re-enactment or revocation thereof) the  ...  view the full minutes text for item 25.

The Principal Planning Officer:

a.    sought planning permission for change of use of 19 St Catherine’s from a doctors' surgery to a 7 bedroom house in multiple occupation (HIMO)

b.    described the location of the property, a two-storey, Victorian building facing onto St Catherine’s with vehicle access taken from Colgrave Street

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

·         National Planning Policy Framework     

·         Central Lincolnshire Local Plan – Policy LP37

d.    outlined the responses made to the consultation exercise

e.    referred to the update sheet which contained a further response received from Lincoln Civic Trust in respect of the proposed development

f.     advised members that the main issues to be considered by the application related directly to Policy LP37: Sub-division and multi-occupation of dwellings within Lincoln of the Central Lincolnshire Local Plan which stated that the conversion or change of use of existing dwellings and buildings in other uses to self-contained flats or shared accommodation including houses in multiple occupation will be supported where:

·         The existing dwelling or building was capable of conversion without causing harm to the amenities of future occupants, neighbours and the wider area;

·         The development would not lead to or increase an existing over-concentration of such issues on the area;

·         Adequate provision was made for external communal areas, bin storage and collection, and on-site parking and cycle storage unless it could be demonstrated that the site was sustainably located on a regular bus route or within walking distance of the city centre.

g.    concluded that:

·         It was considered that the proposed change of use would meet the tests of Policy LP37 of the Central Lincolnshire Local Plan.

·         The use would not lead to an over intensification of multiple occupation dwellings in the immediate area and the on street parking would provide a facility not seen with most properties in this area. Therefore it would not add to the current parking issues in the area.

Members discussed the content of the report in further detail.

The Principal Planning Officer further advised:

·         That the proposed change of use was not in exceedance of the 10% threshold of HIMO’s within a 100m radius and for this reason there was no justification to reject the application.

·         The Highways Authority had raised no objections to the scheme.

·         One parking space had been allocated per bedroom. For this reason he suggested that a further condition be imposed on the grant of planning permission to restrict the number of occupants residing at the property to 7 in total.

Members commented as follows:

·         A condition requiring the parking bays to be marked out to allow sufficient space for drivers to swing in and out of the premises would be helpful.

·         Resident’s in the area had expressed concerns over the build-up of HIMO’s in the area generally.

The Planning Manager offered the following points of clarification to members:

·         Officers could not give a specific quantity of the amount of HIMO’s in the area. He was confident it was under  ...  view the full minutes text for item 26.