Agenda and minutes

RESOLVED that the minutes of the meeting held on 13 September 2017 be confirmed.

Councillor Kathleen Brothwell made a Declaration of Predetermination with regard to the agenda item titled 'Application for Development: 4 Eastgate, Lincoln'.

Reason: She sat as Chair of the Licensing Sub Committee hearing which awarded Beerheadz a premises licence.

Councillor Naomi Tweddle declared a Personal Interest with regard to the agenda item titled 'Application for Development: 4 Eastgate, Lincoln'.

Reason: As Ward Councillor she had spoken to constituents on matters of protocol in the determination of Planning Committee decisions only. She had in no way predetermined her opinion on the matter to be discussed this evening.

Toby Forbes Turner, Principal Planning Officer:

a.    presented a report to advise Planning Committee on the current programme in respect of progressing Community Infrastructure Levy (CIL) adoption by the Authority as detailed at paragraph 1.1 of the officer’s report

b.    advised that further to previous reports to Policy Scrutiny Committee and Executive on the City Council’s CIL programme, Planning Committee Members were requested to consider the requirements on effectively the final stages of CIL process, namely adoption of CIL

c.    highlighted that following the CIL Examiner’s report (detailed at Appendix 1), which concluded that subject to recommended modifications ‘The City of Lincoln Council draft Community Infrastructure Levy Charging Schedule provides an appropriate basis for the collection of the levy in the area’, and subject to member approval, the City Council was in a position to adopt a CIL Charging Schedule

d.    detailed the five modifications recommended to the Draft Charging Schedule as detailed within paragraph 3 of the report

e.    identified the time line to implementation of CIL subject to Council approval as detailed at paragraph 4 of the officer’s report

f.        requested members’ comments on the content of the report prior to referral to Executive and Council for final approval.

Members discussed the content of the report in further detail, requesting clarification as to when developers would be liable for payment of both S106 monies and CIL?

Toby Forbes Turner, Principal Planning Officer confirmed that a reasonable period of notice was required between adoption and implementation to allow notification to developers about to submit a planning application and to align with other Central Lincolnshire Charging Authorities. Following the implementation date, developers would be liable for CIL once planning permission was granted.

RESOLVED that

• The proposal for the Council to approve the modifications as set out in the City of Lincoln Council CIL Examination Report (Appendix 1) to the Draft Charging Schedule be noted and recommended to be incorporated into the City of Lincoln Council CIL Charging Schedule by Members.

·The proposal for the Council to adopt the amended City of Lincoln Council CIL Charging Schedule (Appendix 2) be noted by Members;

·The proposal to implement the supporting policies in Appendix 3 (Regulation 123 List, Instalments and In-Kind policies) to be approved by Council be noted by Members.

·The proposal that the CIL Charging Schedule be implemented by the City of Lincoln Council on a date as soon as is practicable on or after 1 January 2018 be supported by Members.

The Arboricultural Officer:

a.    advised Members of the reasons for proposed works to tree’s in City Council ownership and sought consent to progress the works identified at Appendix A of his report

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

c.    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:

1. advised members of the reasons why a tree preservation order (temporary) should be confirmed at the following site:

2. provided details of the individual trees to be covered by the order and the contribution they made to the area

3. advised that following the statutory 28 day consultation period, one objection had been received to the making of the order from the neighbouring property at 19 Langworthgate, Lincoln

4. outlined further details behind this objection as reported within paragraph 4.1 of the report

5. stated that confirmation of the tree preservation order here would ensure that the trees could not be removed or worked on without the express permission of the council.

RESOLVED that tree preservation order no 153 be confirmed without modification and that delegated authority be granted to the Planning Manager to carry out the requisite procedures for confirmation.

RESOLVED that the order of business be amended to allow the report on 4 Eastgate, Lincoln to be considered as the next agenda item.

(Councillor Brothwell left the room during the consideration of this item having made a declaration of predetermination in relation to the planning application to be discussed. She took no part in the vote on the matter to be determined.)

The Planning Team Leader:

a.    advised that planning permission was sought for change of use to the ground floor of a two storey red brick building erected in 1895 at 4 Eastgate, Lincoln from an Estate Agency (Class A2) to a Public House (Class A4), namely ‘Bearheadz’ drinking establishment

b.    advised that the application site sat within Conservation Area No 1 ‘Cathedral and City Centre’ and the setting of several listed buildings, including Lincoln Cathedral

c.    described the relevant site history to the planning application as detailed within the officer’s report

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

·         Policy LP1: A Presumption in Favour of Sustainable Development

·         Policy LP26: Design and Amenity

·         Policy LP33: Lincoln’s City Centre Primary Shopping Area and Central Mixed Use Area

e.    outlined the responses made to the consultation exercise

f.     referred to the update sheet which contained a further response received in respect of the proposed development together with a map showing neighbour consultations

g.    highlighted the main issues relating to the proposal as follows:

·         National and Local Planning Policy

·         Potential Impact on Visual Amenity, the Character and Appearance of Conservation Area No 1 and the Significance of other Designated Heritage Assets

·         Potential Impact on Residential Amenity

·         Highway Safety and Parking

h.    concluded that:

·         The proposed drinking establishment would not result in the uphill and Bailgate area losing its mixed use character nor harm the local environment or the amenities which occupiers of nearby properties may reasonably expect to enjoy, in accordance with Policy LP33 'Lincoln's City Centre Primary Shopping Area and Central Mixed Use Area' and Policy LP26 'Design and Amenity' of the Central Lincolnshire Local Plan (2017).

·         Furthermore, the proposals were considered to be in accordance with the duty contained within Section 72(1) of the Planning (Listed Buildings and Conservation Areas Act) 1990 'In the exercise, with respect to any buildings or other land in a conservation area, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area'.

Paula West, local resident, addressed Planning Committee in objection to the proposed development, outlining the following main concerns:

·         She had lived and worked in the Cathedral Quarter for 15 years.

·         She represented Bailgate Guild, neighbours and fellow residents.

·         The proposed use of the premises would impose a critical difference on the community and set a precedent to the fundamental make-up of the area.

·         The Cathedral Quarter was unique in its national importance.

·         School children and visitors using the area would be forced to share the pavement outside the premises with clientele exiting the public house to smoke a cigarette.

·         Noise nuisance from deliveries/extraction fans/ music playing.

·         With a capacity of 70 drinkers, how could the premises be perceived as a calm and  ...  view the full minutes text for item 49.

(Councillor Dyer joined the meeting having arrived late during the discussion of the previous item waiting outside of the room.)

(Councillor Brothwell re-joined the meeting.)

The Planning Manager:

a.    advised that planning permission was sought for the erection of seven two-storey dwellings with associated parking on land bounded by Welbeck Street, Cannon Street and Lytton Street

b.    reported that the site was owned by the City of Lincoln Council and therefore presented to Planning Committee for determination, it was fenced on all sides and currently vacant with the exception of a storage container

c.    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 LP3: Level and Distribution of Growth

·         Policy LP13: Accessibility and Transport

·         Policy LP14: Managing Water Resources and Flood Risk

·         Policy LP16: Development on Land Affected by Contamination

·         Policy LP26: Design and Amenity

·         National Planning Policy Framework

d.    outlined the responses made to the consultation exercise

e.    highlighted the main issues relating to the proposal as follows:

·         The Principle of Use

·         Visual Amenity

·         Residential Amenity;

·         Access and Highways;

·         Flood Risk and Drainage

·         Contaminated Land

f.     concluded that:

·         The principle of the use of the site for residential purposes was considered to be acceptable and the development would relate well to the site and surroundings, particularly in relation to siting, height, scale, massing and design.

·         The proposals would also not cause harm to the amenities which occupiers of neighbouring properties may reasonably expect to enjoy.

·         Highways and flood risk have been appropriately considered and matters relating to contamination and archaeology could be dealt with appropriately by condition.

·         The proposal would therefore be in accordance with the requirements of Central Lincolnshire Local Plan Policies LP1, LP2, LP3, LP13, LP14, LP16 and LP26, as well as guidance within the National Planning Policy Framework.

Members welcomed this well-balanced application with ample parking, querying whether:

·         The properties were DDA and equality compliant having stairs at ground floor level to the front of each house.

·         Electric vehicle charging points would be installed before the properties were occupied.

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

·         There were steps to the front of the property to mitigate flood risk, however, the rear garden of the property was ‘ramped up’ to facilitate access from this point

·         The recommended conditions for grant of planning permission included provision of electric vehicle charging points. The Planning Authority would seek to incorporate this requirement into most residential developments and some commercial applications as applicable.

RESOLVED that the application be granted conditionally.

Conditions

·         Work to commence within three years;

·         Work in accordance with the plans;

·         Contaminated Land;

·         Noise Assessment;

·         Surface Water Drainage Assessment;

·         Materials including window frames and brick sample panels;

·         Archaeology;

·         Window details – profiles and materials for all buildings – new and replacement;

·         Brick cleaning specification and sample area to be approved before this work is undertaken.