Agenda and minutes

RESOLVED that the minutes of the meeting held on 29 January 2025 be confirmed and signed by the Chair as a true record.

An update sheet was circulated to members of Planning Committee in relation to planning applications to be considered this evening, which included additional responses received for Members’ attention in relation to 15, St Andrew’s Drive, Lincoln, and additional suggested planning conditions relating to Biodiversity Net Gain in respect of Land Adjacent To Lindum And Minster Practice, Cabourne Court, Lincoln.

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.

Councillor Calum Watt declared a Personal Interest with regard to the agenda item titled '15 St Andrews Drive, Lincoln'.

Reason: He was known to one of the objectors, however, not in any personal capacity.

Councillor Chris Burke declared a Personal Interest with regard to the agenda item titled '15 St Andrews Drive, Lincoln'.

Reason: His son lived on St Andrew's Gardens.

Councillor Gary Hewson declared a Personal Interest with regard to the agenda item titled '15 St Andrews Drive, Lincoln'.

Reason: He was known to one of the objectors, however, not in any personal capacity.

Councillor Liz Bushell declared a Personal Interest with regard to the agenda item titled '15 St Andrews Drive, Lincoln'. Reason:

She was known to one of the objectors, however, not in any personal capacity.

Simon Cousins, Planning Team Leader:

1. referred to the revised report circulated recently to members which replaced the original report published as Item No 4 of the main agenda for the meeting

2. 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:

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

4. 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

5. reported that the initial 6 months of protection for this tree would come to an end for the Tree Preservation Order on 7 April 2025

6. confirmed that the reason for making a Tree Preservation Order on this site resulted from an application received to fell the two trees, located within Cathedral and City Centre No.1 Conservation Area

7. reported that the Councils Arboricultural Officer visited the site to inspect the trees and using the Arboricultural Association approved ‘Helliwell System’ of Visual Amenity of Trees and Woodlands, considered the trees to be of high amenity value, both in full leaf, showing no signs of dieback, pests or diseases and both mechanically balanced at the time of the visit

8. advised that consultations had been carried out with both the landowner and an adjoining property and no objections to the order had been received

9. advised that confirmation of Tree Preservation Order 188 would ensure that the trees 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 188 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 property, a two storey, 5 bedroomed dwellinghouse located on the south side of St Andrews Drive

b.    advised that the application sought planning permission for change of use from an existing dwelling (C3) to a flexible use between a Dwelling (C3) and a House in Multiple Occupation (C4)

c.     advised that a city wide Article 4 Direction was adopted from the 1st March 2016 removing the permitted change from C3 to C4, necessitating the formal requirement for planning permission for this change of use; The Supplementary Planning Document (SPD) provided criteria for determining planning applications for the development of HMOs

d.    highlighted that the applicant previously applied for a HMO use for the property in 2022, but later withdrew the application after being advised that marketing information was required

e.    reported that this application had been brought to the Planning Committee due to the number of objections received from neighbouring residents

f.      detailed the history to the application site within the main body of the officer’s report

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

·       National Planning Policy Framework

·       Supplementary Planning Document - Houses in Multiple Occupation

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

·       Policy S53: Design and Amenity  

8. provided details of the issues to be assessed in relation to the planning application, to consider whether the application met the requirements of the Houses in Multiple Occupation Supplementary Planning Document (SPD) and Local Plan Policy and assess the proposal with regard to:

i.      outlined the responses made to the consultation exercise

j.      referred to the Update Sheet which contained further responses received in relation to the planning application subsequent to the agenda papers being published

11. concluded as follows:

Rosie Fairweather, local resident, addressed Planning Committee in objection to the proposed planning application. She covered the following main points:

·       She spoke on behalf of herself and the residents of St Andrews Drive.

·       This was a family street close to  ...  view the full minutes text for item 39a

The Planning Team Leader:

a.    advised that planning permission was sought for a 59 bed care home (Class C2) which would be located within a new building fronting Nettleham Road, accessed through the existing access, Cabourne Court, incorporating parking for the care home and additional spaces for the existing adjacent medical practice

b.    described the location of the existing Lindum and Minster Medical Practices to the west, Cathedral View Court (retirement housing) located to the north, and residential properties located on the south east side of Nettleham Road

c.     reported on the current use of the site, an area of green space accessible to the public with unrestricted access via a footpath to the doctors’ surgeries, with other uses on Cabourne Court of a pharmacy, sport injury clinic, a chiropractic clinic, a dental practice and hearing specialist

d.    added that the site consisted of currently two areas of grassland bordered by a hedgerow containing a single tree; there were more substantial trees on the Nettleham Road frontage outside of the site which would be unaffected by the proposal

e.    advised that the principal of development of the site was previously established through a previous planning application for student accommodation on the site; application 2016/0389/FUL granted planning permission for a 70 bedroomed student development within three buildings 2 and 3 storeys high

f.      highlighted that the application before us proposed a building of three storeys, arranged in an L shape with its main elevation facing Nettleham Road, together with provision of an additional 30 car parking spaces, cycle parking and new landscaping

g.    stated that the agent had provided a detailed Design and Access Statement and there have been positive pre-application and post submission discussions with the architect in relation to the design which has resulted in changes being made which had improved the proposal significantly

h.    detailed the history to the application site within the main body of the officer’s report

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

·       Policy S1: The Spatial Strategy and Settlement Hierarchy

·       Policy S6: Design Principles for Efficient Buildings

·       Policy S8: Reducing Energy Consumption – Non-Residential Development

·       Policy S21: Flood Risk and Water Resources

·       Policy S53: Design and Amenity

·       Policy S56: Development on Land Affected by Contamination

·       Policy S57: The Historic Environment

·       Policy S60: Protecting Biodiversity and Geodiversity

·       Policy S61: Biodiversity Opportunity and Delivering Measurable Net Gains

·       Policy S66: Trees, Woodland and Hedgerows

·       National Planning Policy Framework:

o   Para 10 – Presumption in Favour of Sustainable Development

o   Para 61 – Promoting Housing Choice

o   Para 124 – “Good design is a Key Aspect of Sustainable Development

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

·       Principle of Development and Compliance with National and Local Planning Policy

·       Impact on Amenity of Adjacent Residents

·       Impact on the Visual Amenity of this Part of the City

·       Highway Matters

·       Impact and Contribution to Biodiversity

·       Energy Efficiency and Sustainability

·       Site Specific Technical Matters

·       S106 Contributions to Local Health  ...  view the full minutes text for item 39b

The Planning Team Leader:

a.    described the application property at 120 Larchwood Crescent, a two-storey brick dwellinghouse in the City Council’s ownership

b.    reported that planning permission was sought for the change of use of a patch of land to the side of the property which was currently subject to anti-social behaviour risk; the land was currently residential amenity land owned by the City Council and they wished to use this as garden land

c.     advised that the application was brought before Planning Committee because the land was in the ownership of the Council and was therefore a regulation 3 application

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

·       Policy S53: Design and Amenity

·       National Planning Policy Framework:

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

f.      outlined the responses made to the consultation exercise

7. concluded that the proposals would not have a detrimental impact on the residential and visual amenity of neighbouring properties in accordance with policies S53 of the Central Lincolnshire Local Plan and the National Planning Policy Framework.

Members discussed the content of the report in further detail.

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 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: