Agenda and minutes

RESOLVED that the minutes of the meeting held on 22 March 2018 be confirmed.

The Solicitor to Planning Committee advised that one of the objectors to item number 5(c) Garage, Rosebery Avenue may be known to labour members through links with their political party. She gave legal advice stating that for members to meet him at party events did not necessarily mean that person was a close associate. If a member considered his/her relationship with the person concerned to be more than an acquaintance this would be sufficient grounds for him/her to declare a personal and pecuniary interest in the matter to be discussed.

Councillor Biff Bean declared a Personal Interest with regard to the agenda item titled 'Application for Development: Garage, Rosebery Avenue, Lincoln'.

Reason: He knew one of the objectors, but not as a close associate.

Councillor Bill Bilton declared a Personal Interest with regard to the agenda item titled 'Application for Development: Garage, Rosebery Avenue, Lincoln'.

Reason: He knew one of the objectors, but not as a close associate.

Councillor Bob Bushell declared a Personal Interest with regard to the agenda item titled 'Application for Development: Garage, Rosebery Avenue, Lincoln'.

Reason: He knew one of the objectors, but not as a close associate.

Councillor Chris Burke declared a Personal Interest with regard to the agenda item titled 'Application for Development: Garage, Rosebery Avenue, Lincoln'.

Reason: He knew one of the objectors, but not as a close associate.

Councillor Gary Hewson declared a Personal Interest with regard to the agenda item titled 'Application for Development: Garage, Rosebery Avenue, Lincoln'.

Reason: He knew one of the objectors, but not as a close associate.

Councillor Jim Hanrahan declared a Personal and Pecuniary Interest with regard to the agenda item titled 'Application for Development: Land At Westbrooke Road, Lincoln'.

Reason: His son owned a property on Westbrooke Road and rented garage space to the developer as the show home office.

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

Councillor Jim Hanrahan declared a Personal Interest with regard to the agenda item titled 'Application for Development: Garage, Rosebery Avenue, Lincoln'. Reason: He knew one of the objectors, but not as a close associate.

Councillor Kathleen Brothwell declared a Personal Interest with regard to the agenda item titled 'Application for Development: Garage, Rosebery Avenue, Lincoln'. Reason: She knew one of the objectors, but not as a close associate.

Councillor Naomi Tweddle declared a Personal and Pecuniary Interest with regard to the agenda item titled 'Application for Development: Land At Westbrooke Road, Lincoln'.

Reason: Her close friend owned a house on the LN6 development.

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

Councillor Naomi Tweddle declared a Personal Interest with regard to the agenda item titled 'Application for Development: Garage, Rosebery Avenue, Lincoln'. Reason: She knew one of the objectors, but not as a close associate.

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.

Members queried why the felling of a monkey puzzle tree in the front garden of 97 Holly Street was not to be replaced with a ‘like for like’ species.

The Arboricultural Officer advised that a monkey puzzle tree was not an appropriate replacement species for the area in terms of the local street scene/amenity value, therefore a Maple tree would be replanted in a suitable location.

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

The Planning Team Leader:

1. advised members of the reasons why a tree preservation order 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 supporting letter had been received to the making of the order from the occupant of 20 Sympson Close, requesting some changes to the trees included in the tree preservation order in relation to his property; following consideration by the City Arboriculturist the plan had been revised to incorporate some of the suggestions made in that letter amending the number of trees included from 49-47

4. added that 3 additional letters of support had been received from residents of Sympson Close, and no objections

5. reported 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 156 be confirmed with modifications as shown on the revised plan to include a group of 47 mixed species trees 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 the Garage, Rosebery Avenue, Lincoln to be considered before the remaining agenda items and the report on 1 St Paul’s Lane to be considered  after the item on 98 Newland (Viking House) and 100, 102 and 104 Newland Lincoln.

The Planning Team Leader:

a.    advised that planning permission was sought for conversion of a single storey garage to a 3 bedroom residential dwelling within Use Class 3

b.    described the location of the application property located to the west side of Rosebery Avenue

c.    stated that the property was located within the West Parade and Brayford No. 6 Conservation Area

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

·         National Planning Policy Framework

·         Central Lincolnshire Local Plan, adopted April 2017

·         Policy LP1 A Presumption in Favour of Sustainable Development

·         Policy LP21 Biodiversity and Geodiversity

·         Policy LP26 Design and Amenity 

5. outlined the responses made to the consultation exercise

6. advised members of the main issues to be considered as part of the application as follows:

7. concluded that:

Mr Richard Mair, local resident, addressed Planning Committee in opposition to the proposed development, covering the following main points:

·         He resided at 290 West Parade to the south of the proposed development.

·         He represented all 21 objectors to the proposals, living both north and south of the garage.

·         The developer was trying to squeeze a 3 bedroomed house into an area which was already full to capacity.

·         The Planning Officer seemed to be taking the view that one additional house did not matter, however, it was even more important in a closely knit area and the proposals were not welcomed.

·         The developers came from the London area where tighter relationships between properties would be more acceptable.

·         Following concerns raised, the window to one of the bedrooms had been removed from the plans, leaving a double bedroom with no window at all. The three storey adjacent properties would look down on the garage and roof lights of its bedroom windows and vice-versa they would also be able to see into our property.

·         The roof lights to the north side of the roof would be even closer to the occupant of 1 Rosebery Avenue.

·         Local residents would look down on sixty feet of shiny black roof slates. Planning officers should have insisted on the use of traditional planning materials.

·         The applicant had no right to use the passageway currently located to the side of the proposed development. Residents had confirmed this with the Land Registry. The passageway was for emergencies only such as in the event of fire. Allowing the applicant to use the  ...  view the full minutes text for item 6.

(Councillors Hanrahan and Tweddle left the room during the discussion of this item, having declared a personal and pecuniary interest in the matter to be discussed.)

It was proposed, seconded, put to the vote and:

RESOLVED that Councillor Bushell be appointed as chair for this agenda item.

Councillor Bushell took the chair.

The Planning Team Leader:

a.    advised that full planning permission was sought by Chestnut Homes for the erection of 29 dwellings for Phase 3 of the Westbrooke Road development known as LN6, with vehicular access through the existing access created for Phases 1 and 2 off the western end of Westbrooke Road

b.    described the location of the site at the rear of properties on St Helen’s Avenue between the former school site to the south and Phase 2 to the North, presently nearing completion, with Tritton Road beyond the western boundary

c.    advised that the site was currently owned by the City of Lincoln Council with certificate B having been served by the applicant

d.    reported that negotiations ongoing throughout the course of the application had resulted in layout revisions to the plans having been submitted, followed by further consultation with those neighbours immediately adjacent to the proposals

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

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

·         National Planning Policy Framework

·         Policy LP1: A Presumption in Favour of Sustainable Development

·         Policy LP9: Health and Well Being          

·         Policy LP11: Affordable Housing

·         Policy LP12: Infrastructure to Support Growth

·         Policy LP14: Managing Water Resources and  Flood Risk

·         Policy L26: Design and Amenity

7. outlined the responses made to the consultation exercise

8. referred to the update sheet which contained revised site layout plans, revised ground level plans, a revised boundary treatment plan, together with comments received from the Highways Authority regarding the submitted Transport Statement, further comments received in respect of the application from Lincolnshire County Council as the Flood Risk Authority requesting additional conditions on any grant of planning permission for the development, and comments also from Historic England

9. advised members of the main issues to be considered as part of the application as follows:

9. • Local and National Planning Policy
   • Effect on Residential Amenity
   • Effect on Visual Amenity
   • Highway Safety
   • Flood Risk
   • Ecology
   • Affordable Housing
   • Land Levels
   • Land Contamination
   • CIL and other Contributions
   •  
10. concluded that:

·         The site had an allocation for housing in the CLLP and was located in a sustainable location close to existing services and amenities, with good transport links.

·         Negotiations had secured revisions to the proposals including the removal of the proposed footpath link to Skellingthorpe Road (phase 4) and revisions to the layout and position of proposed dwellings, in response to concerns regarding residential amenity from the occupiers of existing properties.

·         The development would contribute to the housing supply within the city and provide affordable housing in accordance with national and local planning policy.

Rebecca Archer, representing Chestnut Homes, addressed Planning Committee in support of the proposed  ...  view the full minutes text for item 7.

(Councillors Hanrahan and Tweddle returned to theroom for the remainder of the meeting. Councillor Hanrahan re took his seat as Chair.)

The Principal Planning Officer:

a.    advised that full planning permission was sought for change of use of Viking House to student accommodation (Sui Generis) alongside external alterations; erection of partial subterranean building to provide four storeys of student accommodation (Sui Generis) between No. 96 and No. 100 Newland, including glazed link to No. 100 Newland; change of use of No. 100, 102 and 104 Newland to student accommodation (Sui Generis); and associated hard and soft landscaping works including creation of an internal courtyard

b.    described the location of the site occupied by two buildings, No. 98 Newland (Viking House) and the terrace at Nos. 100-104 Newland as detailed within the officers report

c.    advised that access to the buildings was currently a mixture of pedestrian access from Newland with vehicular access from Carholme Road and the traffic lit junction at the foot of the Brayford Way flyover where it met Carholme Road, the ground floor of Viking House currently served as a car park, accessed through the OTB car park and the rear courtyard of 100-104 was also car parking.

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

e.    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 LP13:  Accessibility and Transport

·         Policy LP14:  Managing Water Resources and Flood Risk

·         Policy LP16:  Development on Land affected by Contamination

·         Policy LP17:  Landscape, Townscape and Views

·         Policy LP25:  The Historic Environment

·         Policy LP26:  Design and Amenity

·         Policy LP29:  Protecting Lincoln's Setting and Character

·         Policy LP31:  Lincoln's Economy

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

·         Policy LP36:  Access and Movement within the Lincoln Area

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

·         National Planning Policy Framework      

6. outlined the responses made to the consultation exercise

7. referred to the update sheet which contained further comments received in relation to the application from Lincoln Civic Trust together with an officer response to these comments, and further neighbour correspondence

8. advised members of the main issues to be considered as part of the application as follows:

9. concluded that:

The Principal Planning Officer:

a.    advised that retrospective planning permission was requested for installation of perspex dining igloos on the roof terrace of Tap House Bar and Kitchen, situated at the corner of St. Pauls Lane and Westgate

b.    advised that the proposals were to retain two structures described by the applicant as ‘dining igloos’ in a dome format, however, there were two further unauthorised structures that had been erected prior to and alongside these structures, i.e. a building which had the appearance of a shed and a roof-top bar, all three types of structure having a differing appearance

c.    clarified that the application building was not listed but located within the Cathedral and City Centre Conservation Area (No.1) and adjacent to the ramparts of the Lincoln Castle, a Grade I Listed Building and Scheduled Monument

d.    reported that there was no relevant planning history for the site but it was important to note that the current application was retrospective for the two dome structures shown in the plans attached to this report, moreover, these were erected at different points in time alongside the ‘shed’ structure and external bar, all without planning permission, although only the domes were shown within this application

e.    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 LP7     A Sustainable Visitor Economy

·         Policy LP13   Accessibility and Transport

·         Policy LP17   Landscape, Townscape and Views

·         Policy LP25   The Historic Environment

·         Policy LP26   Design and Amenity

·         Policy LP29   Protecting Lincoln's Setting and Character

·         Policy LP31   Lincoln's Economy

·         National Planning Policy Framework                  

6. outlined the responses made to the consultation exercise

7. advised members of the main issues to be considered as part of the application as follows:

8. concluded that:

Barbara Griffin, representing the Applicant,addressed Planning Committee in support of the proposed development, covering the following main points:

·         She spoke on behalf of the owners of 1 St Paul’s Lane

·         This was a small project.

·         The dome structures were temporary.

·         She read out a statement from the owner:

Ø  In the winter, the premises needed sustainable business and these pods contributed to help it survive.

Ø  The pods were popular over the winter months.

Ø  They provided kudos to the Lincoln area.

Ø  The restaurant took bookings from as  ...  view the full minutes text for item 9.

The Planning Manager:

a.    advised that planning permission was sought for the erection of a 63no. bedroom Hotel (Use Class C1) and Restaurant (Use Class A3) following demolition of existing building (Revised Description)

b.    described the location of the application site sloping upwards heading north along Flaxengate

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

·         Policy LP1:    A Presumption in Favour of Sustainable Development

·         National Planning Policy Framework

4. outlined the responses made to the consultation exercise

5. advised members of the main issues to be considered as part of the application as follows:

·         National and local planning policy

·         Impact on designated and non-designated heritage assets

·         Impact on visual amenity

·         Impact on residential amenity

·         Highway safety, access and parking

·         Foul and surface water drainage

·         Potential land contamination and other environmental impacts

6. concluded that:
   • The application site was sustainably located within Lincoln's Central Mixed Use Area, where Hotel (C1) and Restaurant (A3) uses were supported in principle, and was considered an appropriate location for visitor accommodation; in accordance with Policy LP2 'The Spatial Strategy and Settlement Hierarchy' and LP33 'Lincoln's City Centre Primary Shopping Area and Central Mixed Use Area' of the Central Lincolnshire Local Plan (2017).
   • The proposed development would contribute positively towards the sustainable growth of Lincoln's visitor economy, and supported and enhanced the City's role as a key destination for tourism and leisure; in accordance with Policy LP7 'A Sustainable Visitor Economy' and Policy LP31 'Lincoln's Economy' of the Central Lincolnshire Local Plan (2017).
   • It would deliver an attractive building that would reinforce local distinctiveness and make a positive contribution to the character and appearance of Conservation Area No. 1 'Cathedral and City Centre' and not cause undue harm to the setting of identified listed buildings; in accordance with the duties contained with Section 66(1) and Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.
   • Notwithstanding the above, further work was needed to address the following elements of national planning policy;

1)    Potential indirect impacts of the development on the setting and context of the nearby Scheduled Monument, and what level of harm may result (paragraphs 132-134 of the NPPF); and

2)    Whether the Roman remains thought to be present on the site were demonstrably of equivalent significance to the nearby Scheduled remains, and therefore themselves subject to the relevant NPPF policies protecting designated heritage assets in accordance with NPPF paragraph 139.

·         However, it was considered these requirements could be adequately addressed through the application of appropriately worded conditions that  ...  view the full minutes text for item 10.

The Planning Manager:

a.    described the location of the application site to the east of Fulmar Road in the Birchwood area of Lincoln, at the northern end of Baker Crescent, a two storey semi-detached property with a detached single garage

b.    advised that permission was sought for a two storey extension to the side of the property which would provide additional bedrooms and living accommodation

c.    reported that this application was being presented to members because the applicant was related to an employee of the City of Lincoln Council

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

·         National Planning Policy

·         Central Lincolnshire Local Plan:

·         Policy LP26 - Design and Amenity

e.    outlined the responses made to the consultation exercise

6. advised members of the main issues to be considered as part of the application as follows:

·         Residential amenity and impact on neighbours

·         Highways

7. concluded that:

Members discussed the content of the report in further detail.

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

·         Development to commence within 3 years

·         Development to be carried out in accordance with the plans

·         Samples of bricks to be approved prior to commencement of development

The Planning Manager:

a.    reported that retrospective planning permission was sought for the siting of 1no. storage container relocated from Boultham Park, following the sale of land for development

b.    advised that the application related to Skellingthorpe Road Playing Fields, located on the north side of Skellingthorpe Road, opposite the main entrance to Hartsholme Country Park.

c.    confirmed that the application site fell within the boundary of the Western Growth Corridor Sustainable Urban Extension (CL819) as allocated within the Central Lincolnshire Local Plan (2017), however, indicative site layouts suggested that the playing fields would remain undeveloped open space

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

·         Policy LP1: A Presumption in Favour of Sustainable Development

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

·         National Planning Policy Framework

e.    outlined the responses made to the consultation exercise

f.     advised members of the main issues to be considered as part of the application as to whether the development was in accordance with Policy LP23 'Local Green Space and other Important Open Space' of the Central Lincolnshire Local Plan (2017)

g.    concluded that the development had not affected the provision of open space nor resulted in detrimental impacts on the character and appearance of the surrounding area, ecology and any heritage assets; in accordance with Policy LP23 'Local Green Space and other Important Open Space' of the Central Lincolnshire Local Plan (2017) and relevant guidance within the National Planning Policy Framework (2012).

Members discussed the content of the report in further detail, receiving confirmation of the legitimate reason for submission of a retrospective planning application.

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

Standard Conditions

01)      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

            None.

Table A

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

The Planning Manager:

a.    reported that retrospective planning permission was sought for the siting of 1no. storage container relocated from Boultham Park, following the sale of land for development

b.    advised that the application site related to Boultham Park Allotments, located on the east side of Hall Drive, opposite Lincoln Indoor Bowls Club

c.    confirmed that the application site was identified as Important Open Space (IOS) within the Central Lincolnshire Local Plan (2017), and fell within Flood Zone 3 as shown on the Environment Agency's Flood Map for Planning (Rivers and Sea)

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

·         Policy LP1: A Presumption in Favour of Sustainable Development

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

·         National Planning Policy Framework

e.    outlined the responses made to the consultation exercise

f.     advised members of the main issues to be considered as part of the application as to whether the development was in accordance with Policy LP23 'Local Green Space and other Important Open Space' of the Central Lincolnshire Local Plan (2017)

g.    concluded that the development had not affected the provision of open space nor resulted in detrimental impacts on the character and appearance of the surrounding area, ecology and any heritage assets; in accordance with Policy LP23 'Local Green Space and other Important Open Space' of the Central Lincolnshire Local Plan (2017) and relevant guidance within the National Planning Policy Framework (2012).

Members discussed the content of the report in further detail.

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

Standard Conditions

01)      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

            None.

Table A

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