Agenda and minutes

RESOLVED that the minutes of the meeting held on 11 October 2017 be confirmed.

Please note that, in accordance with the Members' Code of Conduct, when declaring interests members must disclose the existence and nature of the interest, and whether it is a disclosable pecuniary interest (DPI) or personal and/or pecuniary.

Councillor Biff Bean declared a Personal Interest with regard to the agenda item titled 'Jasmin Green, Jasmin Road Recreational Land, Jasmin Road, Lincoln'.

He had attended briefings in the past regarding the proposed development, however he had in no way predetermined his opinion in relation to the matter to be discussed.

Councillor Edmund Strengiel declared a Personal Interest with regard to the agenda item titled 'Jasmin Green, Jasmin Road Recreational Land, Jasmin Road, Lincoln'.

He wished to exercise his right to address Planning Committee as representative for the applicant in respect of the planning application. He would retire to the public gallery at this stage of the proceedings and not take part in the discussion or vote on the matter to be determined.

Councillor Paul Gowen declared a Personal Interest with regard to the agenda item titled 'Jasmin Green, Jasmin Road Recreational Land, Jasmin Road, Lincoln'. Living on the Birchwood Estate he had given advice to both sides for and against the proposals, however only of a procedural nature. He had in no way predetermined his opinion in relation to the matter to be discussed.

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.

Bruce Kelsey, Allotment Strategy Officer:

a.    provided a report to advise elected members of the proposed removal of trees required as phase 1 of the allotment capital improvement programme, none being the subject of a Tree Preservation Order or located within a conservation area

b.    identified only those trees that needed to be removed in the opinion of the Arboricultural Officer and the Allotment Strategy Officer, as detailed within the schedule attached as Appendix 1 to the report

c.    referred to a detailed action plan which identified a site by site programme of proposed works between November 2017 and March 2018

d.    outlined consultation carried out with all allotment tenants as detailed at Appendix 2 to the report

e.    gave details of the main thrust of the works to make improvements to site security to reduce incidents of break-ins and theft of property from allotment sites, improvements to site drainage to reduce incidents of flooding and increase light to many plots, which would markedly enhance growing opportunities

f.     advised that throughout the programme the council would aim to retain and subsequently maintain as many mature and well established native species as possible to maintain the overall amenity value, feel and look of each site

g.    requested that members approve the list of trees to be removed as detailed at Appendix 1.of the report.

Members discussed the content of the report in further detail, raising the following questions:

·         Would any sheds erected be properly constructed, monitored and securely locked?

·         Were there any ancient specimens of merit, such as apple or other trees to be retained?

Brian Kelsey, Allotment Strategy Officer and Mick Albans, Arboricultural Officer offered the following advice:

·         Options for site secure units including lockable key pads would be investigated, subject to available financial resources.

·         Most of the trees to be felled were crab apple specimens which had self-seeded. There were no veteran trees.

RESOLVED that the removal of trees identified at Appendix 1 to the report be approved.

(Councillor Strengiel sat in the public audience at this stage of the meeting as he wished to exercise his right to address Planning Committee as representative for the applicant in respect of the planning application. He did not take part in the discussion or vote on the matter to be determined.)

The Planning Team Leader:

a.    requested outline planning permission for the erection of 62 dwellings and installation of play equipment on part of land known as Jasmin Green, currently owned by the City of Lincoln Council although agreement was made by Executive on 17 July 2017 to transfer the land to the applicant, Birchwood Big Local, for development of the application site

b.    highlighted that although the application was made in outline form with all matters reserved, the applicant had submitted an indicative site plan showing access from Aldergrove Crescent and layout of 36 semi-detached, 2 detached single storey bungalows and a three storey building containing 24 apartments, providing affordable housing for the over 55’s

c.    reported that the Birchwood Big Local Group through its Community Land Trust had been allocated funding to invest in local areas

d.    advised that the play areas would be funded initially by the Group using revenue from ground rent generated from an affordable housing provider  to maintain the equipment

e.    described the area of land subject to the application, partly allocated as a housing site and partly as Important Open Space within the Central Lincolnshire Local Plan 2017

f.     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 LP9: Health and Wellbeing

·         Policy LP12: Infrastructure to Support Growth

·         Policy LP13: Accessibility and Transport

·         Policy LP14: Managing Water Resources and Flood Risk

·         Policy LP16: Development on Land affected by Contamination

·         Policy LP23: Local Green Space and other Important Open Space

·         Policy LP24: Creation of New Open Space, Sports and Recreation Facilities

·         Policy LP26: Design and Amenity

·         Policy LP36: Access and Movement within the Lincoln Area

·         Policy LP56: Gypsy and Traveller Allocations

·         National Planning Policy Framework      

g.    outlined the responses made to the consultation exercise, which included a 340 signatory petition in objection to the proposals, in excess of 40 objections and 2 representations in support

h.    highlighted the main issues relating to the proposals as follows:-

·         The Principle of the Development;

·         Visual Amenity

·         Residential Amenity

·         Trees and Ecology

·         Access and Highways

·         Flood Risk and Drainage

·         Other Matters - Contaminated Land, Air Quality and Sustainable Transport, Education, Health, Archaeology, Crime

i.      concluded that:

·         The principle of the use of the site for residential purposes was considered to be acceptable and also the development.

·         Highways, drainage and matters relating to contamination could be dealt with appropriately by condition along with the reserved matters.

·         The proposal would therefore be in accordance with the requirements of Central Lincolnshire Local Plan Policies LP1, LP2, LP3, LP9, LP12, LP13, LP14, LP16, LP23, LP24,  ...  view the full minutes text for item 55.

(Councillor Strengiel re-joined his seat as a member of Planning Committee.)

The Principal Planning Officer:

a.    advised that planning permission was sought for the erection of a three storey building to accommodate a 72 bedroom care home accommodating 20 general car parking spaces for staff and visitors, a further two for disabled users and cycle storage

b.    described the application site located on the south-western side of Long Leys Road to the western side of the city, formerly the site of the Social Education Centre with allotments to all sides and mature planting to the northern and south-western corners

c.    advised that the site lay within the St George’s Character Area of the Lincoln Townscape Assessment (LTA), predominantly a residential area incorporating some light industrial/commercial buildings extending either side of Long Leys Road further to the east of the site

d.    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 LP5: Delivering Prosperity and Jobs

·         Policy LP10: Meeting Accommodation Needs

·         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

·         Policy LP31: Lincoln's Economy

·         Policy LP36: Access and Movement within the Lincoln Area

·         National Planning Policy Framework                  

d.    referred to the update sheet which contained further images submitted by objectors but omitted from the original responses contained within the officer’s report in respect of the application

f.     made reference to the travel plan for the proposed care home submitted on behalf of the applicant, which had been e mailed to members of Planning Committee, paper copies were also available should members wish to view it

g.    highlighted the main issues relating to the proposals as follows:-

·         The Principle of the Development;

·         The Impact of the Design of the Proposals;

·         Sustainable Access, Highway Safety and Traffic Capacity;

·         The Implications of the Proposals upon Amenity; and

·         Other Matters

h.    concluded that:

·         Conclusion whether a development was sustainable was a decision that had to be taken in the round having regard to all of the dimensions that went to constitute sustainable development.

·         In this case, officers considered that the development would deliver economic and social sustainability directly through the construction of the development and the jobs created by the development. In addition, the location of care facilities within the city would benefit the health and social wellbeing of those living within the city if they choose to utilise a care home.

·         The implications upon the character of the area and the impact of the development upon the general amenities would not have negative sustainability implications for the local community, as they would lead to a development that would be socially sustainable. What was more, with suitable schemes to deal with contamination, drainage and landscaping, the development would be environmentally sustainable.

·         Thus, assessing the development as a whole in relation to  ...  view the full minutes text for item 56.

The Planning Team Leader:

a.    advised that planning permission was sought (resubmission) for the erection of a two storey side extension to this two storey end terrace property to accommodate a study at ground floor, a bedroom and ensuite to an existing bedroom at first floor level, and the re-positioning of a boundary wall to the side of 122 Roman Wharf

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

·         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

f.     highlighted the main issues relating to the proposals as follows:-

·         Visual Amenity

·         Residential Amenity

·         Parking and Highways

·         Flood Risk and Drainage

·         Contamination

g.    concluded that:

·           The scale, mass, form and design of the proposed extension was acceptable and would complement the original architectural style of the property and terrace, also not causing harm to the character of the area.

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

·           It was not considered that the proposed wall would cause harm to either the character of the area or the amenity of neighbours.

·           Technical matters relating to highways, flood risk and contaminated land had also been appropriately considered.

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

Mrs Nicola Rainey, applicant, addressed Planning Committee covering the following points:-

·      She had read with interest the objections and comments made in relation to her planning application and wished to respond.

·      There had been five objections. One letter of support had been received for the proposals from the only neighbour affected by the extension, for which she was thankful for the support.

·      Two of the objections came from owners of houses who were not resident in them.

·      She felt that some objectors had not considered the plans properly.

·      The architect did not agree that the extension would create a shadow on local residents’ properties.

·      The ridge height of the new extension was 400mm lower than the existing house.

·      The new garden wall to the existing boundary would accommodate extending gates leading to the driveway and garage.

·      To say that the size of the extension suggested multiple occupation was totally untrue, it would add only one new bedroom.

·      She was surprised at the number of objections. The extension would enhance her family home. Extra space was required for visitors and four grown up children.

RESOLVED that:

Planning permission be granted subject to the following conditions:

• Time limit of the permission;
• Development in accordance with approved plans;
• Samples of materials;
• Reporting unexpected contamination; and

·         Obscure glazing en-suite window to rear.

The Planning Team Leader:

a.    advised that planning permission was sought for the erection of a single storey side extension to the front, side and rear of this detached bungalow at 51 Montaigne Crescent

b.    highlighted that the application was brought before Planning Committee, the applicant being an employee of the City of Lincoln Council

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

·         Policy LP26: Design and Amenity

·         National Planning Policy Framework      

d.    outlined the responses made to the consultation exercise

f.     highlighted the main issues relating to the proposals as follows:-

·         Impact on Visual Amenity

·         Impact on Residential Amenity

·         Impact on Highway Safety

g.    concluded that the proposed extension would not cause unacceptable harm to visual amenity, residential amenity or highway safety, in accordance with the relevant policies of the National Planning Policy Framework and Central Lincolnshire Local Plan.

RESOLVED that planning permission be granted subject to standard time limit and plan conditions.

The Principal Planning Officer:

a.    advised that planning permission was sought for installation of perforated metal signage to the new Multi Storey Car Park and Bus Station, part of the Transport Hub development, in the following locations:

·         North, East and West elevations of car park

·         1no. set of internally illuminated lettering and logo to South elevations of car park

·         1no. fascia sign to South and East elevations of multi-storey car park

·         Installation of 1no. set of internally-illuminated lettering and logo to East and West elevations of Lincoln Central Bus Station

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

·         National Planning Policy Framework

·         Central Lincolnshire Local Plan-Policy LP27     

d.    outlined the responses made to the consultation exercise

f.     highlighted the main issues relating to the proposals as follows:-

·         Relevant Planning Policy

·         Visual Amenity

·         Public Safety

g.    concluded that the advertisement scheme would not have an unduly harmful impact on visual amenity or highway safety in accordance with policy LP27 of the Central Lincolnshire Local Plan and the National Planning Policy Framework.

RESOLVED that planning permission be granted subject to standard advert conditions controlling them for a period of 5 years.

Toby Forbes-Turner, Principal Planning Officer:

a.    provided a report:

2. defined Brownfield Land as land which had previously been developed and/or had been occupied by a permanent structure as set out in the Governments definition in the glossary at Annex 2 of the National Planning Policy Framework (NPPF)

3. confirmed that on 16th April 2017 the Government’s Town and Country Planning (Brownfield Land Register) Regulations 2017 came into force which introduced a requirement on Local Planning Authorities to publish and maintain a Brownfield Land Register with a legal requirement for all Local Authorities to comply with the deadline for publication of Part 1 of the register by 31st December 2017

4. outlined in further detail the background to the introduction of the Brownfield Land Register including arrangements for Part 1 of its implementation and authorisation required by Council for amendments to the Constitution to facilitate this new piece of legislation.

Members discussed the content of the report with officers in further detail.

RESOLVED that:

1.    The report on the new requirements of the Town and Country Planning (Brownfield Land Register) Regulations 2017 be noted.

2.    The Planning Team within Directorate of Communities and Environment’s intention to implement the Brownfield Land Register be noted.

3.    The intention that the Council would amend the Constitution to include decision making associated with its forthcoming Brownfield Land Register be noted by Planning Committee. 

RESOLVED that the press and public be excluded from the meeting during consideration of the following items of business because it was likely that if members of the public were present there would be a disclosure to them of ‘exempt information’ as defined by Section 100I and Schedule 12A to the Local Government Act 1972.

The Heritage and Planning Enforcement Team Leader:

a.    presented a report to bring to Committee’s attention a breach of planning regulations and to recommend a course of action for dealing with the breach

b.    gave further details of the report covering the background and options available

c.    recommended a suggested course of action as detailed within the report.

Members discussed the content of the report in further detail, asked questions and received relevant responses from officers thereon.

RESOLVED that the course of action recommended at paragraphs 8.1 and 8.2 of the report be approved.