Agenda item

(Councillor Rebecca Longbottom left the meeting for the discussion of this item having declared a personal and prejudicial interest in the matter to be discussed. She too no part in the decision making process).

 

The Planning Manager:

 

a)    reported that planning permission was sought for the erection of a garden room/ studio outbuilding within the garden of 7 James Street, a former stables, the Coach House was converted to a residential dwelling in 1991

 

b)    described the property as grade II listed located within the Cathedral and City Centre Conservation Area No.1, the site also a Scheduled Ancient Monument being part of the Lincoln Roman Colonia (Lindum) with Schedule Monument Consent for the proposed works approved by the Secretary of State on 7th April 2020

 

c)     reported that Planning Permission and Listed Building Consent were approved November 2018 for the erection of a single storey extension to the Coach House to provide an en suite bedroom to the ground floor (2018/1177/HOU and 2018/1178/LBC), now constructed on site.

 

d)    clarified that a separate application for Listed Building Consent was not required for this freestanding outbuilding within the curtilage., however, the effect of the proposed structure on the setting of 7 James Street a grade II listed building, was being considered under this application

 

e)    stated that the proposal had been the subject of some pre application discussion, with the proposal revised to a smaller outbuilding and the omission of the originally proposed external decked area

 

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

 

·       Policy LP25   The Historic Environment

·       Policy LP26   Design and Amenity

·       National Planning Policy Framework

         

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

 

·       Local and National Planning Policy

·       The setting of the listed building

·       The effect on residential amenity

·       The effect on visual amenity and the character and appearance of the conservation area

·       Archaeology and the SAM

·       Highways

·       Proposed use of the outbuilding.

 

h)    outlined the responses made to the consultation exercise

 

i)       concluded that:

 

·       Given the proposed design, scale and materials of the outbuilding, and that views from outside the site were very limited, it was considered that the proposed outbuilding would not be detrimental to the setting of the grade II host property or the other listed buildings within the vicinity of the application site. Similarly, the proposal was considered to preserve the character and appearance of the Conservation Area.

·       The garden room and its proposed use was not considered to be detrimental to the residential amenities of the occupants of adjacent properties and therefore the proposal was considered to be in accordance with policies contained within the CLLP and also the NPPF.

 

Mr Nick Bunker addressed the Planning Committee in objection to the proposed development, covering the main points:

 

·       he lived at 4 James Street which formed part of the complex of the Grade II* listed buildings, numbers 4, 5 and 6, which were collectively known as Deloraine Court;

·       the proposed development would inflict damage upon the historical and architectural integrity of Deloraine Court and the conservation area  which it formed part of;

·       the application and accompanying report did not convey and adequate appreciation of the nature of the site and its significance;

·       a book entitled ‘Survey of Ancient Houses in Lincoln’ published by the Civic Trust in 1990 described Deloraine Court as a complicated  building of  considerable interest in that of all the surviving canonical residences in Lincoln it was the oldest and longest inhabited. In size and general appearance it conveyed the impression of a spacious manor house and in its layout it reflected a spread of buildings which in an earlier period typified other large and important residences within the close which were subsequently truncated, demolished or rebuilt more modestly;

·       if the proposed garden room and studio were built, as a permanent structure, it would represent an alien intrusion into this historic setting and seriously damage what remained of the unity of this ancient site;

·       approval of this proposal could potentially open the floodgates to similar structures being erected on other historical properties in the area;

·       the design of the proposed development and materials to be used in its construction were not in keeping with the architecture of the area and did not therefore cohere, historically or aesthetically, with its surroundings;

·       in respect of the condition that the proposed dwelling was not used as independent residential accommodation, it was questionable as to how this could be enforced. 

 

Mr Andrew Allison addressed the Planning Committee, representing the applicant of the proposed development, covering the main points:

 

·       the applicant had experienced and had received building awards in relation to the conversion of existing buildings, particularly listed buildings;

·       the applicant had been fully engaged with the Council’s Planning Team as part of the pre-application process, together with subsequent engagement with Conservation and Planning Officers prior to the submission of the planning application. Discussions covered the proposed design, setting and materials to be used as part of the scheme;

·       a heritage impact assessment had been carried out and it was considered that there would be no effect on the locality or site itself as a result of this development. Further site investigations had confirmed that there were no concerns from a historic perspective an no objections had been received from Historic England;

·       a number of local objections had been received, and it was understood that these emanated through concerns about use of the dwelling as independent residential accommodation. The proposed dwelling was solely for ancillary use by the occupiers of 7 James Street with no intention whatsoever of renting or selling it to anyone else upon completion;

·       no increased traffic or parking issues were being created as a result of the proposed development.

 

Members raised questions and comments in relation to the proposed scheme as follows:

 

·       the building had already previously been extended and a stable building used to stand on the site now proposed for development. The application, in that context and as set out in the report, was therefore reasonable;

·       measures were put in place to protect the grounds, with the proposed development not able to be seen from the external boundary of 7 James Street due to a tall hedge and tall wall, and a condition had been included regarding the non-habitual nature of the dwelling which was enforceable. There would therefore be no impact at all on neighbouring properties in terms of overlooking, loss of light or the setting of a precedent;

·       the very important historical nature of the site, particularly from an archaeological perspective, needed to be carefully considered.

 

The Planning Manager provided the following response to the comments made:

 

·       the applicant had already received ancient monument consent from the Secretary of State prior to submission of the application. Discussions between the Council’s Planning Team and Historic England had therefore taken place as part of the pre-application and formal application process with the Council’s Conservation Officer and Archaeology Officers  all being fully aware and comfortable with what was proposed;

·       in terms of the restriction on habitual use of the dwelling, this would be reflected in a planning condition and not a covenant on the property’s deeds.

 

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.

 

          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

 

03)     No development shall take place within the application site until the applicant/developer has secured the implementation of an appropriate programme of archaeological work undertaken by a competent person/organisation, in accordance with a Written Scheme of Investigation (WSI) which has been submitted to and approved by the City of Lincoln Council as Local Planning Authority.

         

          This scheme must provide:

 

1.     Evidence that a contract has been entered into with an Archaeological Contractor to undertake all stages of work;

2.     An assessment of significance and proposed mitigation strategy (i.e. preservation by record, preservation in situ or a mix of these elements);

3.     A methodology and timetable of site investigation and recording;

4.     Provision for site analysis;

5.     Provision for publication and dissemination of analysis and records; and

6.     Provision for archive deposition.

 

          The development shall be undertaken only in full accordance with the approved WSI. No variation shall take place without the prior written consent of the Local Planning Authority. The applicant/developer shall notify the Local Planning Authority of the intention to commence all works at least 7 days before commencement.

         

          Reason: In order to ensure the preparation and implementation of an appropriate scheme of archaeological mitigation and then to ensure satisfactory arrangements are made for the recording of possible archaeological remains.  This condition is imposed in accordance with the requirements of Section 12 of the National Planning Policy Framework.

 

04)     The programme of archaeological work shall be completed in accordance with the approved Written Scheme of Investigation (WSI), including any necessary fieldwork, post-excavation analysis, report writing and archive deposition, as detailed in the approved scheme. The report shall be prepared and deposited with the City Council's Heritage Team within the LPA and the Lincolnshire Historic Environment Record, within six months of completion of the archaeological works. The archive shall be deposited with The Collection (Lincolnshire Museums) within twelve months of the completion of site works.  No variation shall take place without prior written consent of the Local Planning Authority.

         

          Reason: In order to ensure that satisfactory arrangements are made for the investigation, retrieval and recording of any possible archaeological remains on the site. This condition is imposed in accordance with the requirements of Section 12 of the National Planning Policy Framework.

 

Conditions to be discharged before use is implemented

 

Conditions to be adhered to at all times

 

05)     The bathroom window hereby approved in the west facing side elevation of the proposed outbuilding shall be fitted with obscure glazing before the outbuilding is first brought into use and the obscure glazing shall thereafter be retained at all times.

         

          Reason:  To protect the privacy and residential amenities of the adjacent property.

 

06)     The development hereby approved shall be used for purposes ancillary to the residential use of 7 James Street only and shall not be used as independent residential accommodation, sub-let (including holiday lets) or sold as a separate entity.

         

          Reason. In the interests of the amenities of adjacent residential properties