Agenda and minutes

RESOLVED that the minutes of the meeting held on 28 June 2023 be confirmed.

There was no Update Sheet for tonight’s meeting.

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 Martin Christopher declared a Personal and Pecuniary Interest with regard to the agenda item titled 'Work to Trees in City Council Ownership'.

Reason: He had been involved in discussions with the resident concerned in relation to one of the requests for works to trees. Therefore, he was privy to a lot of extraneous information in respect of this application that other members weren’t.

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

(Councillor Christopher left the room during the consideration of the following item, having declared a personal and pecuniary interest in the matter to be discussed. He took no part in the debate or vote on the matter to be determined.)

Dave Walker, Arboricultural Officer:

a.    advised Planning Committee of the reasons for proposed works to trees in the City Council's ownership and sought consent to progress the works identified, as detailed at Appendix A of his report

b.    highlighted that the list did not represent all the work undertaken to Council trees, it represented all the instances where a tree was either identified for removal, or where a tree enjoyed some element of protection under planning legislation, and thus formal consent was required

c.    explained that ward councillors had been notified of the proposed works.

RESOLVED that the tree works set out in the schedules appended to the report be approved.

(Councillor Christopher re-joined his seat for the rest of the meeting.)

Simon Cousins, 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 trees to be covered by the order and the contribution they 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 these trees would come to an end for the Tree Preservation Order on 26 November 2023

5. confirmed that the reason for making a Tree Preservation Order on this site was as a result of an application from an occupant of Bailgate Court to fell all three of the trees

6. reported that the property was located within a conservation area which was the reason why consent was required

7. reported that the Arboricultural Officer had carried out a site visit at which he identified the trees to be suitable for protection under a Tree Preservation Order, having high amenity value, and that their removal would have an effect on the aesthetic appearance of the area

8. advised that following a 31 day consultation period no objections had been received to the order

9. advised that confirmation of the Tree Preservation Order here 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 176 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.    described the application site as follows:

·         Currently forming the garden land of No. 127 Yarborough Road.

·         Whilst No. 127 fronted Yarborough Road, the rear of the site abutted Carline Road.

·         A pair of semi-detached properties No. 22 and 24 Carline Road were located to the south, with No. 24C Carline Road to the north; a detached dwelling which was constructed within the garden of No. 129 Yarborough Road (2018/0547/FUL).

b.    advised that planning permission was requested for the erection of one dwelling with associated access off Carline Road (revised plans)

c.    reported that the proposal had been subject to pre application advice and further officer discussions during the application which had resulted in revised drawings; the original proposal for 2 four bedroomed semi-detached properties had been revised to a single detached house with six bedrooms

d.    clarified that the development was located within Conservation Area No 8-Carline

e.    reported that the application was brought before Planning Committee as it had received more than four objections and also at the request of Councillor Neil Murray

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

·         Policy S1: The Spatial Strategy and Settlement Hierarchy

·         Policy S3: Housing in the Lincoln Urban Area, Main Towns and Market Towns

·         Policy S6: Design Principles for Efficient Buildings

·         Policy S7: Reducing Energy Consumption - Residential Development

·         Policy S12: Water Efficiency and Sustainable Water Management

·         Policy S53: Design and Amenity

·         Policy S57: The Historic Environment

·         Policy S66: Trees, Woodland and Hedgerows

·         M11: Lincolnshire Minerals and Waste Local Plan

·         National Planning Policy Framework

g.    highlighted that the application was submitted in November 2022 prior to the adoption of the Central Lincolnshire Local Plan in April 2023 before the new policy requirements with regard to energy efficiency; and therefore not always met in full; however positive steps had been taken towards satisfying the policy requirements where possible which was considered a reasonable approach

h.    advised Planning Committee of the main issues to be considered as part of the application to assess the proposal with regards to:

9. outlined the responses made to the consultation exercise

10. concluded that:

Mr Peter Gray, local resident, addressed Planning Committee on behalf of local residents with concerns regarding the planning application, covering the following main points:

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

·         He had a vested interest in  ...  view the full minutes text for item 16.

The Planning Team Leader:

a.    advised that planning permission was requested for the demolition of existing City Council owned garage blocks at the garage court off Hermit Street and erection of eleven dwellings with associated parking, bin stores, landscaping and boundary treatments

b.    reported that the application proposed removal of the existing 55 garages, within two blocks, to accommodate eleven 2 and 2½ storey dwellings arranged as four pairs of semi-detached dwellings and one terrace of three

c.    highlighted that the five 2 storey houses would accommodate two bedrooms with the six 2½ storey dwellings accommodating three bedrooms

d.    clarified that the scheme would be 100% affordable and would be delivered and managed as affordable rented accommodation by the City of Lincoln Council

e.    reported that the application also proposed:

·         Associated parking for the dwellings including public parking.

·         Two bin stores.

·         Alterations to the existing access from Hermit Street and to the electricity sub-station.

·         The application site also included areas of land to the north east, on the corner with Hermit Street and Portland Street, and to the south, off Monson Street. These would receive landscape improvements and additional tree planting to off-set the proposed removal of three Ash trees within the existing garage court.

·         A further parcel of land within the passageway serving the Portland Street terrace was also included within the site, which would have a secure gate installed.

f.     described further the location of the site to the west of Hermit Street with:

·         The 2 and 3 storey flats of 1-21 (odd) sitting on the opposite side of the street.

·         The rear of two terraces on Portland Street to the north.

·         The terrace to the western end of the site which included no’s 3-17. These were a mix of flats with some of the properties having a commercial use on the ground floor with residential above.

·         The other terrace included no’s 21-23, which was occupied as The Nest Nursery and Pre-School, and no’s 25-43, each occupied as five flats.

·         Three storey flats located on Hermit Street to the north.

·         A 2m high palisade fence in place to the west of the site with the end of Chaplin Street and the Thomas Cooper Memorial Church beyond.

·         An access within this boundary to 3 and 5 Portland Street, which would be blocked up as a result of the development.

g.    highlighted that the site was located within Flood Zone 2 and abutted the West Parade and Brayford Conservation Area to the north

h.    reported that the application was submitted by the City Council’s Major Developments Department as part of wider proposals to undertake enhancements to some of the existing flats to improve the housing in the area; works were expected to be delivered in two phases over the next three to four years, with the proposed 11 dwellings forming Phase 1

i.      advised that as part of the design and planning process, the Major Developments Department carried out a survey both online and via post to 238 residents which  ...  view the full minutes text for item 17.

The Planning Team Leader:

a.    advised that planning permission was requested for the erection of single storey side and rear extension to the existing application property at 45 Newland Street West, a two storey mid terraced house in multiple occupation

b.    reported that the property had the benefit of a Certificate of Lawful use as a House in Multiple Occupation (HMO) for up to six occupants

c.    referred to the site history to the application property as detailed within the officer’s report

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

·         Policy S53: Design and Amenity

·         National Planning Policy Framework

5. advised Planning Committee of the main issues to be considered as part of the application to assess the proposal with regards to:

6. outlined the responses made to the consultation exercise

7. concluded that the proposed extension would be appropriately designed and would not cause unacceptable harm to the character and appearance of the area nor the amenities of all existing and future occupants of neighbouring properties, in accordance with Policy S53 'Design and Amenity' of the Central Lincolnshire Local Plan and the National Planning Policy Framework.

The Committee discussed the content of the report in further detail.

The following comments were received from members:

·         Concerns regarding occupation and overshadowing had been adequately addressed within the report.

·         Any effect on the highways was covered to the satisfaction of the Highways Authority.

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

Standard Conditions

01)      The development must be begun not later than the expiration of three years beginning with the date of this permission.

            Reason: As required by Section 91 of the Town and Country Planning Act 1990.

02)      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.

            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.

The Planning Team Leader:

a.    advised that planning permission was requested for the installation of two rooflights to facilitate the conversion of the loft at 96 High Street to two additional House in Multiple Occupation (HMO) bedrooms (partly retrospective)

b.    reported that the rooflights had been installed and internal works to create the rooms and install the staircase had been undertaken, although the rooms had not yet been finished or occupied

c.    described the application property, an existing eight bedroom HMO (Sui Generis) with a currently vacant ground floor retail unit; the HMO was granted planning permission in July 2019, together with approval for the erection of a two storey rear extension to accommodate a seven bedroom HMO

d.    reported that a subsequent application in 2020 to erect a larger extension to create three HMOs, totalling 22 bedrooms, was refused by members of the Planning Committee; it was considered that the extension would have appeared overbearing, caused loss of light to the occupants of neighbouring properties to the north and that the number of bed spaces would have over-intensified the HMO use to an unacceptable level.

e.    detailed the location of the three storey application property:

·         On the west side of the High Street, on the corner with Princess Street which continued along the south boundary of the site.

·         The property was adjoined to 97-98 High Street to the north, to the rear of which was a part two storey, part single storey off-shoot with a first floor balcony accommodating 3A, B, C and D Princess Street.

f.     reported that work commenced to implement the 2019 permission, the HMO use of the main building had been occupied and the extension was under construction, however, the works undertaken thus far on the extension were to a poor standard and not in accordance with the approved plans

g.    clarified that the Enforcement Team was dealing with the matter and the applicant had been advised that the extension would need to be removed, and that the existing building should be made good or the extension re-built in accordance with approved plans

h.    highlighted that the site was located within the St Peter at Gowts Conservation Area

i.      advised that the application was presented to Planning Committee at the request of Councillor Watt

j.      referred to the site history to the application property as detailed within the officer’s report

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

·         Policy S13:Reducing Energy Consumption in Existing Buildings

·         Policy S25: Sub-Division and Multi-Occupation of Dwellings within Lincoln.

·         Policy S53: Design and Amenity

·         Policy S57: The Historic Environment

12. advised Planning Committee of the main issues to be considered as part of the application to assess the proposal with regards to:

13. outlined the responses made to the consultation exercise

14. concluded that: