Agenda item

(Councillors Brothwell and Strengiel left the room for the discussion of this item and the following related Listed Building Consent application, having made a Declaration of Predetermination with regard to the agenda item to be discussed.)

 

The Planning Manager:

 

a.    advised that the application sought planning permission for additional metal gates to protect the shelter to the south east corner of Temple Gardens, situated on Lindum Hill on the eastern side of the city centre

 

b.    reported that the application building was Grade II listed by virtue of its curtilage relationship with the Usher Art Gallery and was located within Conservation Area No.1 ‘Cathedral and City Centre’

 

c.    referred to a separate but related planning application for listed building consent for the proposed works (2019/0306/LBC) as part of tonight’s agenda bundle

 

d.    described the relevant site history to the planning application 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

·         PolicyLP25    The Historic Environment

·         Policy LP29   Protecting Lincoln’s Setting and Character

·         National Planning Policy Framework

                       

f.     outlined the responses made to the consultation exercise

 

g.    referred to the update sheet which contained a further response received from Lincoln Civic Trust

 

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

 

·         National and Local Planning Policy

·         Potential Impact on the Significance of Heritage Assets

 

h.    concluded that:

 

·         These works would secure the future of the shelter, guarding against further damage and allowing the shelter in the future to once again fulfil its optimum viable use and preserve the setting of the Usher Art Gallery and preserve and enhance the character and appearance of the conservation area.

·         Therefore, it was considered that the proposal was in accordance with the duty contained within section 72 (1) of the Planning (Listed Buildings and Conservation Areas Act) 1990 'In the exercise, with respect to any buildings or other land in a conservation area, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area',

 

Members discussed the content of the report in further detail, finding the option suggested by Lincoln Civic Trust to demolish the Temple Garden building as puzzling.

 

Members asked:

 

·         Whether the materials to be used could be chosen sympathetically to suit the Georgian aspect of the buildings in the area.

·         Whether the appearance of the structure would be compromised according to the Lincoln Civic Trust objection.

·         How often the rubbish behind the building would be cleared.

·         Would the graffiti be removed?

·         Advice on the age of the building.

 

The Planning Manager offered the following points of clarification in relation to member’s comments:

 

·         The building was built at the same time of the Usher Art Gallery or soon after.

·         Officer’s also expressed concerns regarding the suggestion made by Lincoln Civic Trust to demolish a listed building.

·         Officers did not agree that solid barriers added to the building would be a better option as they would be more oppressive together with creating a canvas for graffiti.

·         The design of the railings had been planned in negotiation with the Principal Conservation Officer. This was felt by officers to be the correct approach accepting this advice.

·         The accumulation of rubbish was always a risk, the proposal represented the lesser of two evils compared to issues of dumping/rough sleepers.

·         Maintenance of the building would be discussed with the relevant department.

 

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.

 

 

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

 

Drawing No.	Version	Drawing Type	Date Received
160428/015		Plans - Existing	11th April 2019
160428/017		Elevations	11th April 2019
160428/016		Plans - Proposed	11th April 2019