Agenda item

Application for Development: 38B Willis Close, Lincoln


(Councillor Hewson re-joined his seat for the remainder of the meeting).


(Councillor Longbottom left the room for the discussion of this item having declared a personal and prejudicial interest in respect of the planning application to be considered. She took no part in the vote on the matter to be determined).


The Planning Manager:


a.    reported that the application sought outline planning permission for a single dwelling and detached garage with only the details of access being considered along with the principle of development, all other matters to be considered through a subsequent application for Reserved Matters


b.    confirmed that the proposed dwelling would be sited within garden land at 38B Willis Close


c.    reported on amendments made to the layout of the site during the process of the application and additional structural reports submitted in response to legitimate reasons raised by neighbours, who had been re-consulted on these revised plans and structural changes


d.    stated that the application was brought before Planning Committee given the objections received and at the request of Councillor Lucinda Preston


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


·         Policy LP26: Design and Amenity

·         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 to assess the proposal with regard to:


·         Principle of the Development

·         Design and Visual Impact

·         Impact on Residential Amenity

·         Highway Safety and Access

·         Land Stability and Retaining Wall

·         Air Quality

·         Archaeology

·         Drainage


h.    concluded that it was considered that the principle of the development of this land for a dwelling would be in keeping with the principles set out in both national and local planning policies and a dormer bungalow designed dwelling on this plot would be acceptable in principle with all matters being reserved for future determination.


Kevin Copeland, agent representing the applicant, addressed Planning Committee in support of the application, covering the following main points:


·         The detail of the planning application had been covered in full within the Planning Manager’s presentation this evening.

·         Pre application advice had been sought by the applicant from the Planning Authority.

·         The scheme sat comfortably in terms of planning form and elevation.

·         There would be no impact on residential amenity.

·         The plans for the garage had been repositioned to alleviate residents’ concerns.

·         Concerns regarding land stability had been addressed through the structural survey.

·         Prior to commencement of work he would expect a photographic survey of the party wall to be conducted to protect the parties involved.

·         He welcomed support for the application from Planning Committee members.


Members made comments in relation to the proposed scheme as follows:


·         It was unusual to request planning permission for a property in the garden of another garden.

·         Were there any issues in relation to the roadway access between the original building and the garage/parking on the roadside?


The Planning Manager offered the following points of clarification:


·         Access to the property would be from Willis Close via the existing private gravel drive. The Highways Authority was happy that the layout proposed would enable parking for at least two vehicles with turning space for vehicles to exit in forward gear.

·         There was no reason to believe there would be on-street car parking as the property had its own spaces within the site.

·         It would be reasonable if members were so minded to impose a condition on the grant of planning permission requiring a survey of the party wall.


It was proposed, seconded, put to the vote, and carried that an additional condition be imposed on the grant of planning permission requiring a survey of the party wall.


RESOLVED that planning permission be granted according to the following conditions:


Additional Condition:


·         Survey of Party Wall


Standard Conditions


01)      Application for the approval of the reserved matters shall be made to the local planning authority within three years of the date of this permission.


            Reason: Imposed pursuant to Section 92 of the Town and Country Planning Act 1990.


02)      The development to which this permission relates shall not be commenced until details of the following (hereinafter referred to as the "reserved matters") have been submitted to and approved by the Local Planning Authority.

            (a)  The layout of the Building(s)

            (b)  The scale of the building(s), including the height, massing and internal planning.

            (c)  The external appearance of the building(s), to include details of all external materials to be used, their colours and textures.

            (d)  Means of access to, and service roads for the development, including road widths, radii and sight lines, space for the loading, unloading and manoeuvring and turning of service vehicles and their parking; space for car parking and manoeuvring.

            (e) A scheme of landscaping for those parts of the site not covered by buildings to include surface treatments, walls, fences, or other means of enclosure, including materials, indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development.


            Reason: Imposed pursuant to Section 92 of the Town and Country Planning Act 1990.


03)      The development hereby permitted shall be begun either within three years of the date of this permission or within two years of the date of approval of the last of the reserved matters to be approved, whichever is the later.


            Reason: Imposed pursuant to Section 92 of the Town and Country Planning Act 1990.


04)      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


05)      Prior to the commencement of the development, details of a scheme for the provision of an electric vehicle recharge point for the dedicated off-street parking shall be submitted to the planning authority for approval. The approved scheme shall be implemented prior to the development first being brought into use and shall be maintained thereafter.


            Reason: In order to encourage sustainable travel in accordance with the National Planning Policy Framework.


06)      Prior to the submission of the application(s) for Reserved Matters, an archaeological Desk-Based Assessment shall be undertaken, the details of which shall first be submitted to and approved in writing by the Local Planning Authority. The programme shall include any further evaluation work that is necessary to understand the nature, extent and significance of archaeological remains that may be present on the site, and the impact of development upon them.


            Reason: To ensure compliance with paragraph 128 of the NPPF, and to enable sufficient information to be gathered to inform an appropriate mitigation strategy to enable the developer to record and advance understanding of archaeological remains on the site, in accordance with paragraph 141 of the NPPF.


07)      Prior to the commencement of the construction of the dwelling within the site, details of the proposed foul and surface water drainage proposed to serve the dwelling shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be implemented in accordance with the approved details.


            Reason: To ensure a satisfactory standard of drainage within the development in the interests of the amenities of the occupants of the proposed dwelling and neighbouring occupiers.


Conditions to be Discharged before use is Implemented




Conditions to be Adhered to at all Times


08)      The development shall be constructed in accordance with recommendations made within the structural Survey by Sheppard Consulting Engineers LTD dated September 2019. These approved details shall not be changed or altered without the prior written consent of the Local Planning Authority.


            Reason: To safeguard the slope stability of the site and prevent any impact to the existing retaining wall.


09)      The construction of the development hereby permitted shall only be undertaken between the hours of 07:30 to 18:00 Monday to Friday (inclusive) and 07:30 to 13:00 on Saturdays and shall not be permitted at any other time, except in relation to internal plastering, decorating, floor covering, fitting of plumbing and electrics and the installation of kitchens and bathrooms.


            Reason:  To protect the residential amenities of properties in the vicinity.


10)      Any deliveries associated with the construction of the development hereby permitted shall only be received or despatched at the site between the hours of 08:00 to 18:00 Monday to Friday (inclusive) and 08:00 to 13:00 on Saturdays and shall not be permitted at any other time.


            Reason:  To protect the residential amenities of properties in the vicinity.


Table A

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


Drawing No.


Drawing Type

Date Received



Plans - Proposed

20th August 2019


Supporting documents: