Agenda and minutes

RESOLVED that the minutes of the meeting held on 27 February 2019 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.

No declarations of interest were received.

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, as detailed 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.

RESOLVED that the order of business be amended to allow the following reports to be considered before the remaining agenda items:

·         Application for Development: Lincoln University, Campus Way, Lincoln

·         Application for Development: 21-22 Bailgate, Lincoln

·         Application for Development: 26-28 Newport, Lincoln

The Planning Manager:

a.    advised that planning permission was sought for the erection of a five storey building to provide a higher education facility (Use Class D1), including ancillary facilities and associated plant, including a biomass boiler, access and servicing, cycle parking and hard/soft landscaping

b.    reported on the location of the proposed development to the South East corner of the Brayford Campus adjacent to the Ropewalk, with the Art, Architecture and Design buildings and the Delph Pond to the West

c.    highlighted that for some time, it had been the University's goal to develop a medical school for Lincolnshire and on 20th March 2018, the Higher Education Funding Council England (HEFCE) and Health Education England (HEE) confirmed that the University of Lincoln's collaborative bid with the University of Nottingham to establish a new medical school was successful

d.    advised that permission was therefore sought to erect a five storey, zero carbon building to accommodate The Lincoln Medical School; the unique internal use of the building had dictated some of its external appearance as had the University’s desire for a highly sustainable building

e.    reported on the relevant site history to the proposed development, as detailed within the officer’s report

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

·         National Planning Policy Framework

·         Central Lincolnshire Local Plan

·   Policy LP26: Design and Amenity Standards

·   Policy LP32: Lincolns Universities and Colleges

g.    outlined the responses made to the consultation exercise

h.    referred to the update sheet which contained a further response received from Lincolnshire County Council Transport Planning in respect of the proposed development

i.      presented a video fly-through of the proposed finished scheme to give members an insight to the feel of the external/internal layout of the building

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

·         National and Local Planning Policy

·         Design and Appearance

·         Environmental Credentials

·         Landscaping

·         Archaeology

·         Drainage

k.    concluded that:

·         Ongoing development of Universities within the City was supported by Policy LP32 of the Central Lincolnshire Local Plan.

·         Lincoln University had been successful in becoming one of 5 regions chosen to have a new medical school following a long bidding process.

·         The expansion of medical school provision was hoped to provide for 25 % more medical students throughout the UK.

·         The proposed Lincoln Medical School would deliver a comprehensive new teaching facility across five storeys and would be an environmentally friendly ‘Zero Carbon’ building.

·         The design integrated a number of environmental principles whilst achieving a high quality, unique design which would further enhance the University campus.

Professor Andrew Hunter, Deputy Vice Chancellor, University of Lincoln, addressed Planning Committee in support of the proposed development, covering the following main points:

·         His position included responsibility for the medical school proposals.

·         There was a pressing need for the medical school; the first 95 students would register from September 2019.

·         By 2021 there would be a total of 250 students and staff.

·         The proposed development would be a zero carbon scheme.  ...  view the full minutes text for item 80.

The Planning Manager:

a.    advised that planning permission was sought for the change of use from financial and professional services (use class A2) to restaurant/cafe (use class A3) with ancillary takeaway (use class A5) and associated external alterations at 21-22 Bailgate, Lincoln

b.    described the premises as a two storey end terrace building sited on the corner of Bailgate and Westgate formerly occupied by Lloyds TSB at ground level

c.    highlighted that the building was not listed but located within the Cathedral and City Centre Conservation Area

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

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

·         Policy LP25   The Historic Environment

·         Policy LP26   Design and Amenity

·         National Planning Policy Framework      

e.    outlined the responses made to the consultation exercise, which included a signed petition received against the proposed scheme

f.     referred to the update sheet which contained a further response received from Bailgate Guild requesting that the planning application be deferred, although officers were satisfied that all relevant information was before Planning Committee this evening, together with an additional proposed condition in relation to the planning application

g.    advised members of the main issues to be considered as part of the application to assess the proposal with regard to:

·         Accordance with National and Local Planning Policy

·         Impact on Neighbouring Uses

·         Impact on Visual Amenity and the Character and Appearance of the Conservation Area

·         Highway Safety

h.    concluded that the change of use would be appropriate for the Central Mixed Use Area, would add to the mixture of uses in the vicinity and subject to conditions would not cause undue harm to neighbouring properties in accordance with Policies LP25, LP26 and LP33 of the Central Lincolnshire Local Plan and the National Planning Policy Framework.

The Chair requested clarification from officers that the correct consultation process had been carried out in light of concerns received within the consultee responses from local businesses.

The Planning Manager confirmed that the normal consultation process had been followed which included a notice displayed on site giving 21 days’ notice according to the formal consultation process.

Mr Ben Barber, addressed Planning Committee in opposition to the proposed development, representing consultee responders’, covering the following main points:

·         He wanted to offer his considerations as to why the planning proposals should not go ahead.

·         The takeaway was claimed to be secondary to the main business. However, it would become the main business being a fish and chip shop.

·         The size of the building was not conducive to a takeaway being at the back of the property on a narrow, cobbled street.

·         This planning application would set a precedent being the first takeaway in the area.

·         Other planning applications not suitable for the area may occur.

·         Issues of access/egress with very limited parking in the area.

·         The proposed opening times until midnight were excessive. Most of the local area shut down at 11.00pm.

·         Issues of littering.

·         Noise issues from extraction fans.

·         Issues of smell  ...  view the full minutes text for item 81.

The Planning Team Leader:

a.    described the application property, Newport Guest House, 26-28 Newport, Lincoln, formerly two three-storey mid terrace dwellings, converted to one property for use as a Guest House with a three storey extension to the rear of the property approved in December 2013 and implemented on site

b.    reported on the location of the premises adjoined by two other properties, 24 Newport, which was currently used as an Orthodontic Practice and 30 Newport in residential use

c.    stated that the site was situated within the Newport and Nettleham Road Conservation Area No. 9

d.    advised that planning permission was sought for the change of use of the property from Guest House (Use Class C1) to Student Accommodation (15 beds) (Use Class Sui Generis)

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

·         Policy LP26   Design and Amenity

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

·         National Planning Policy Framework      

f.     outlined the responses made to the consultation exercise

g.    referred to the update sheet which contained a map showing the location of Air B & B properties supplied by the agent to the application

h.    advised members of the main issues to be considered as part of the application to assess the proposal with regard to:

·         Policy Context

·         Lack of Demand and Over Concentration

·         Effect upon the Amenities of the Wider Area

·         Traffic and Parking

i.      concluded that:

·         The presumption in favour of sustainable development required by the National Planning Policy Framework would apply to the proposal as there would be no conflict with Local Plan Policies in respect of the principle of the development or in respect of any other implications associated with the nature of the use proposed.

·         Moreover, the use would be similar in nature to the previous in terms of its potential impacts so it would not be harmful in respect of the matters of amenity and access.

·         Similarly, there would not be harm to the immediate character of the area.

Mr James Rigby, Agent, addressed Planning Committee in support of the proposed development, covering the following main points:

·         He represented the applicant as a director of Globe Consultants.

·         The applicant couldn’t be present but had provided additional information for tonight’s meeting.

·         He would not go over the content of the planning application which had already been satisfactorily covered by the planning officer this evening.

·         The owner of the property was finding it difficult to operate the premises as a viable guest house business due to competition from local hotel chains in the city.

·         There had been an explosion of Air B & B rooms available on the internet. There were currently 58 available in the city with 151 bedrooms.

·         The owner could not sustain his guest house business and for this reason had submitted a planning application for a viable alternative in the form of student accommodation.

·         The premises were close to the Bishop Grosseteste University.

·         The applicant would control and manage the accommodation as a respectful property for mature  ...  view the full minutes text for item 82.

The Planning Team Leader:

a.    advised that outline planning permission was sought for the erection of 14 bungalows with access only fixed for the development; all other details, including the layout and landscaping of the site and size of the bungalows being indicative at this stage along with the appearance of the dwellings to be agreed through subsequent application(s) for Reserved Matters

b.    described the application site roughly rectangular in shape located to the west of Wolsey Way, adjoining the King George V Playing Field to the west, residential development in Westholm Close, Hurstwood Close and Wolsey Way to the north and Larkspur Road to the south, with a larger residential site being developed on land (lying in West Lindsey) opposite by the applicant

c.    reported that the applicant still retained ownership of fingers of green space projecting into Westholm Close and Hurstwood Close

d.    highlighted that the site was shown without notation within the Local Plan so it was not specifically allocated for housing

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

·         Central Lincolnshire Local Plan

o   Policy LP1: A Presumption in Favour of Sustainable Development

o   Policy LP2: The Spatial Strategy and Settlement Hierarchy

o   Policy LP3: Level and Distribution of Growth

o   Policy LP9: Health and Wellbeing

o   Policy LP10: Meeting Accommodation Needs

o   Policy LP11   Affordable Housing

o   Policy LP12   Infrastructure to Support Growth

o   Policy LP13   Accessibility and Transport

o   Policy LP14   Managing Water Resources and Flood Risk

o   Policy LP16   Development on Land affected by Contamination

o   Policy LP21   Biodiversity and Geodiversity

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

o   Policy LP25   The Historic Environment

o   Policy LP26   Design and Amenity

o   Policy LP29   Protecting Lincoln's Setting and Character

o   Policy LP36   Access and Movement within the Lincoln Area

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

o   Policy M11: Safeguarding of Mineral Resources

·         National Planning Policy Framework

f.     outlined the responses made to the consultation exercise, which included petitions received from residents of Hurstwood Close and Westholm Close

g.    referred to the update sheet which contained a revised officer recommendation in respect of the proposed development, to include provision for successful negotiation with the applicant to secure the signing of an S106 agreement to cover education, local green infrastructure and playing fields

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

·         The Principle of the Development

·         Application of Central Lincolnshire Local Plan Policy

·         Provision of Affordable Housing and Contributions to Services

·         The Design of the Proposals and their Visual Impact

·         The Implications of the Proposals upon Amenity

·         Sustainable Access, Highway Safety and Traffic Capacity

·         Biodiversity and Arboriculture

·         Drainage

·         Land Contamination and Air Quality

·         The Planning Balance

i.      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 any of  ...  view the full minutes text for item 83.

The Planning Manager:

a.    advised that planning permission was sought for the erection of a single storey dwelling and integral garage

b.    described the application site served by a long access track situated between Nos. 72 and 78 Hykeham Road, adjoining dwellings within Somersby Close and Hykeham Road, currently laid to grass along the entirety of the access and the main site area

c.    reported that the proposals had been revised to a single storey dwelling with a lower conventional roof height/no rooms in the roof space as a result of officer concerns in respect of the scale of the development, its relationship with the gardens of neighbouring properties, and potential overlook from dormer windows

d.    advised that planning permission granted in the early 1990s (under reference LH11/0527/93) for the erection of a bungalow and garage within this site had since expired

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 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

·         National Planning Policy Framework

f.     outlined the responses made to the consultation exercise

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

·         The Principle of the Development;

·         The Impact of the Design of the Proposals;

·         The Implications of the Proposals upon Amenity;

·         Sustainable Access, Highway Safety and Traffic Capacity;

·         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 planning officer’s report.

Members discussed the content of the report in further detail.

Members queried whether:

·         It was possible to impose a condition on the grant of planning permission for removal of development rights in order that the premises remained as a bungalow.

·         The trees to be protected were outside the boundary of the application land.

·         The pavement access to the site was likely to become muddy, although the Highways Authority had raised no concerns.

·         The access to the site was wide enough for emergency vehicles

The Planning Manager offered the following points of clarification:

·         It was possible for a condition to be imposed on the grant of planning permission for removal of development rights.

·         The trees to be protected were in Somersby Close and therefore outside the control of the applicant, however the  ...  view the full minutes text for item 84.

The Planning Team Leader:

a.    described the application site located on the south side of Monks Road at its junction with Tempest Street, currently vacant, however, most recently in use as the Monks Road Working Men’s Club which closed last year

b.    advised that planning permission was sought for conversion of the building to form 4 units fronting Monks Road (A1-Retail or A2-Financial & Professional Services) and 10 residential apartments, including external alterations and associated works

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

·         National Planning Policy Framework

·         Central Lincolnshire Local Plan:

Ø      Policy LP15

Ø      Policy LP26

Ø      Policy LP37

d.    outlined the responses made to the consultation exercise

e.    referred members to the update sheet which contained a further response received from a member of the public in respect of the proposed development

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

·         Loss of a Community Facility

·         Visual Amenity

·         Residential Amenity

·         Highways

g.    concluded that:

·         The proposed development would provide 10 self-contained flats in a sustainable location.

·         The external alterations to the building would be in keeping with the surrounding area and would bring an empty building back into a viable use.

·         Additional A1/A2 units fronting onto Monks Road in this area would be an appropriate use with sufficient controls in place on hours of operation.

Members discussed the content of the report in further detail.

Members commented in relation to the proposals as follows:

·         It was sad to see the disappearance of another drinking establishment.

·         The proposals would bring life into an empty building.

·         There was a danger that the development would add to an already dense area.

·         The new use would cut down on the number of delivery vehicles visiting the neighbourhood.

·         The city was in need of further housing stock.

·         There would be an issue with people pulling up to park to use the shopping units.

RESOLVED thatplanning permission be granted subject to the following conditions:

• Works carried out within 3 years
• Construction hours
• Noise mitigation scheme
• Hours of operating (A1)
• Delivery times (A1)
• Waste collection times (A1)
• Electric vehicle charging points
• Proposed shop front materials.
• Highways Construction Management Plan
• Bin storage details