Agenda and minutes

RESOLVED that the minutes of the meeting held on 31 January 2024 be confirmed and signed by the Chair as a correct record.

RESOLVED that the minutes of the meeting held on 21 February 2024 be confirmed and signed by the Chair as a correct record.

An update sheet was circulated in relation to planning applications to be considered this evening, which included additional information for Members attention received after the original agenda documents had been published.

RESOLVED that the update sheet be received by Planning Committee.

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 Planning Team Leader:

1. advised members of the reasons why a temporary tree preservation order made under delegated powers by the Assistant Director for Planning should be confirmed at the following site:

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

3. reported that the making of any Tree Preservation Order was likely to result in further demands on staff time to deal with any applications submitted for consent to carry out tree work and to provide advice and assistance to owners and others regarding protected trees, however, this was contained within existing staffing resources

4. reported that the initial 6 months of protection for this tree would come to an end for the Tree Preservation Order on 15 May 2024

5. confirmed that the reason for making a Tree Preservation Order on this site was as a result of an application to fell the tree, due to damage to an adjacent boundary wall, allegedly caused by this tree, however, there was no evidence such as a structural engineers report submitted to support this

6. added that on this basis a Tree Preservation Order was sought to prevent the tree being felled, which required consent due to it being in a Conservation Area

7. advised that following an 8 week consultation period (to account for the Christmas and New Year period) no objections had been received to the order

8. advised that confirmation of Tree Preservation Order 181 would ensure that the tree could not be removed or worked on without the express permission of the Council which would be considered detrimental to visual amenity and as such the protection of the tree would contribute to one of the Councils priorities of enhancing our remarkable place.

RESOLVED that Tree Preservation Order No 181 be confirmed without modification and that delegated authority be granted to the Assistant Director of Planning to carry out the requisite procedures for confirmation.

The Planning Team Leader:

a.    referred to the application site at 1 Shearwater Road, Lincoln, a detached house located on the corner of Skellingthorpe Road and Shearwater Road

b.    reported that the property was accessed from Shearwater Road although the application proposed an additional access from Skellingthorpe Road and associated works including a dropped kerb, remodelling of the existing boundary wall and gates to create an opening

c.     added that the application also proposed an outbuilding within the rear garden adjacent to the boundary with No.5 Shearwater Close and the rear boundary of the application property

d.    advised that a previous application had been refused because of the outbuildings position close to a protected tree within the garden, the resubmission proposed a repositioning of the access and the outbuilding

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

6. provided details of the issues to be assessed in relation to the planning application, as follows:

·       Impact on Residential Amenity

·       Impact on Protected Trees

·       Highway Safety

g.    outlined the responses made to the consultation exercise

h.    confirmed that the material considerations for this application were the impacts of the dropped kerb and erection of the outbuilding only; comments regarding the main use of the property, the need for the proposals or motives of the applicant were not relevant and should not be given any weight in the planning balance

9. referred to the Update Sheet circulated at this evening’s Planning Committee which included additional representations and photographs received after the original agenda was published

10. concluded that:

·       The scale and design of the proposed outbuilding was acceptable and the design would sympathetically complement the local architectural style.

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

·       Matters in relation to highways and impact on trees had been appropriately considered.

·       The application would therefore be in accordance with the requirements of Central Lincolnshire Local Plan Policies S47, S53, and S66 and guidance within the National Planning Policy Framework.

Mr John Williams, local resident addressed Planning Committee in objection to the planning application, covering the following main points:

·       He thanked members of Planning Committee for giving him the opportunity to speak.

·       He represented all those people having submitted objections.

·       The issues raised here were concerns in relation to environmental impact, danger to life, safety issues and disturbance to local residents.

·       The applicant already had an existing dropped kerb and rear access to the site and his property.

·       If the outbuilding was to be used for storage, then why was vehicular access to it required.

·       Was it to be used as a self -contained dwelling in the future.

·       In relation to Policy S66, irreversible damage to the trees had already been caused and mechanical diggers used to take the roots away.

·       Boundaries for the tree protection plan shown on page 70 of the agenda pack had been exceeded.  ...  view the full minutes text for item 72.