Agenda item

(Councillor Tweddle, Chair exited the zoom proceedings at this point for the remainder of the meeting having declared a personal and pecuniary interest in the items to be discussed. She took no further part in the matters to be determined.)

 

(Councillor B Bushell, Vice Chair, took over as Chair of Planning Committee).

 

The Planning Team Leader:

 

a.    described the application property, a long standing garage building located to the east side of Rosebery Avenue, within the West Parade and Brayford No.6 Conservation Area

 

b.    reported that although there was no known date of the construction of the garage, it had been established that the building was originally constructed between 1880 and 1900 with a later addition between approximately 1930 and 1960 to form the outline that remained to the present date and the structure as it currently stood had been present in its form or similar for a significant period and as such was lawful

 

c.    added that an application for conversion of the existing garage had been granted planning permission in 2018, following further investigation by the owners of the existing structure it was established that the walls to be previously retained were of poor condition and in places severely bowed, and subsequently, a revised application had been submitted for consideration

 

d.    advised that the application proposed the demolition of the existing building and the rebuilding of a new dwelling to form a three bedroom property within Use Class C3 – which was as a single dwelling; the proposal remained almost identical in footprint, scale and massing to that previously approved

 

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

 

·         National Planning Policy Framework

·         Central Lincolnshire Local Plan

·         Policy LP1: A Presumption in Favour of Sustainable Development

·         Policy LP21: Biodiversity and Geodiversity

·         Policy LP25: The Historic Environment

·         Policy LP26: Design and Amenity

 

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

 

·         Accordance with National and Local Planning Policy

·         Impact on Residential Amenity

·         Impact on Visual Amenity and  the Character and Appearance of the Conservation Area

·         Highway Safety, Access and Parking

·         Communal Space Bin Storage and Other Factors

·         Ecology and the Protection of Habitats and Species

·         Other Matters

 

g.    outlined the responses made to the consultation exercise

 

h.    referred to the Update Sheet which contained additional responses received in respect of the proposed development and a further suggested condition to be imposed on grant of planning permission

 

i.      concluded that :

 

·         The proposed conversion to a residential dwelling would not have a harmful impact on the amenities of neighbouring properties and would enhance the character and appearance of the conservation area.

·         The application facilitated the redevelopment of brownfield land into a more sustainable use through the addition of a new dwelling, in accordance with policies LP1 A, LP21, LP25 & LP26 of the Central Lincolnshire Local Plan and the National Planning Policy Framework.

·         The application before Committee proposed a building of the same height, scale and design to the conversion of the existing building that was granted planning permission in 2018.

·         The proposal would result in a dwelling which has an almost identical appearance.

 

Tara Bond, local resident addressed Planning Committee in opposition to the proposed development, covering the following main points:

 

·         She spoke on behalf of local residents at 8 properties on Rosebery Avenue and West Parade.

·         She lived at No 1 Rosebery Avenue.

·         The properties were currently boarded by the boundary wall of the current garage at the bottom of the garden which was the subject of the planning application.

·         The only access was to the front west elevation.

·         The proposal to demolish the garage would impact on all 8 properties opening up their gardens and causing structural work.

·         Reference was made to Policy LP26 – noise nuisance would be caused during construction work.

·         The timeline for the work would be longer than that of the previous planning permission granted in 2018 due to demolition of the existing garage.

·         The passageway to the properties was not shared with the owner of the garage therefore building work could not take place.

·         The development would cause issues for neighbours in relation to bin storage and inconvenience during construction work.

·         The passageway was currently shared by the occupants of 288 - 294 West Parade and not the current garage owner.

·         There was an emergency access at the south wall but this was not safe as it led to a locked gate.

·         The tree to the north wall of one of the resident’s properties would be affected by the demolition of the building, which convened policy LP25.

·         The existing garage was in good condition and could be restored.

·         The roof of the existing garage was in a sound position and the walls were not cracked.

·         The existing garage was over 100 years old and should be retained.

·         It was common practice for older buildings to be highly insulated.

·         Bats had been using the building as a rest area and great care would need to be taken during the alterations. The new build may not be suitable for the bats to return.

·         Access to the existing building was awkward, but to demolish and rebuild it would cause negative impacts to the neighbouring residents and their homes.

·         Local residents did not wish the garage to be demolished.

 

Ellie Krisson, applicant, addressed Planning Committee in support of the proposed development, covering the following main points:

 

·         Application for conversion of the existing garage was granted planning permission in 2018.

·         There had been a delay in progressing the proposals forward due to her husband having cancer. He had received surgery and was now well.

·         Progress had been further hampered by COVID in 2019 which had stopped development work.

·         The existing garage was falling down/unstable.

·         The replacement build now being applied for would offer a stable and long lasting structure.

·         The new building would be available for future generations’ benefit and be a much more attractive proposition.

·         The new plans for the build would hardly change the appearance of the area.

·         The height and footprint of the building was not increased.

·         Through cooperation between neighbours and use of reputable builders it was hoped that an amicable solution to issues raised by neighbours associated with the Party Wall Act could be arrived at.

·         The owners wished to make improvements to the character/appearance of the street scene with the offer of a new environmentally friendly sustainable home to enhance the local area.

·         It was hoped that any remaining concerns could be dealt with through cooperation and that planning permission would be granted.

 

Members discussed the content of the report in further detail. The following comments/questions emerged:

 

·         There was no reason to refuse planning permission.

·         It was hoped that the Council would keep an eye on the health of the tree close to the site as it would be awful if it was damaged during construction work.

·         The concerns of neighbours were appreciated however, these concerns did not fall within the remit of Planning Committee.

·         Was it possible to revert back to the original application submitted in 2018 which would alleviate neighbour concerns?

Planning permission was granted in 2018 and normally remained active for 3 years. Had it expired?

·         The demolition of the building would cause too much disruption to neighbours as they would lose their gardens during construction work.

 

Councillor Bob Bushell, Vice Chair (in the Chair) reminded Planning Committee of its remit to consider the planning application in front of it this evening. Concerns associated with the party wall were outside of the remit of Planning Committee.

 

Simon Cousins, Planning Team Leader offered the following points of clarification to members:

 

·         The planning application submitted in July 2018 was still live. However, as previously stated, the remit of Planning Committee was to determine the planning application in front of it this evening.

·         The applicants would be required to address the concerns regarding the party wall with neighbours separately moving forward as it was their responsibility to do so. The grant of planning permission would not have any further influence on the applicant’s ability to resolve the party wall agreement.

·         The tree identified was outside of the application site however the roots may have spread within the site itself. The tree was in a Conservation area but not the subject of a tree preservation order. A reasonable applicant would be expected to carry out excavation work in a manner that did not damage the tree and the grant of planning permission would be conditioned accordingly to protect it.

 

RESOLVED that authority to grant planning permission be delegated to the Planning Manager subject to:

 

-       The signing of a section 106 agreement to ensure no student occupation of the property

-       The conditions listed below.

 

Standard Conditions

 

1)         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.

 

2)         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

 

3)         Samples of all external materials to be used in the development shall be submitted to and approved by the Local Planning Authority before the development commences. The approved materials shall not be substituted without the written consent of the City Council as Local Planning Authority.

           

            Reason: In the interests of visual amenity.

 

4)         No development shall take place until an investigation and risk assessment has been completed to assess the nature and extent of any contamination on the site and a written report of the findings submitted to and approved in writing by the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and include:

 

            (i) a survey of the extent, scale and nature of contamination;

            (ii) an assessment of the potential risks to:

·         human health,

·         property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

·         adjoining land,

·         groundwaters and surface waters,

·         ecological systems,

·         archaeological sites and ancient monuments;

            (iii) an appraisal of remedial options, and proposal of the preferred option(s).

           

            This must be conducted in accordance with the Environment Agency's 'Land Contamination: Risk Management (LCRM) Guidance' (available on www.GOV.UK).

           

            Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors

 

5)         No development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been prepared, submitted to and been approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

           

            Reason: property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

6)         The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, submitted and approved in writing by the Local Planning Authority.

           

            Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

Conditions to be Discharged before use is Implemented

 

            None.

        

Conditions to be Adhered to at all Times

 

7)         In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of Condition 4 and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Condition 5, which is to be submitted to and be approved in writing by the Local Planning Authority.

            Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 6.

            Where no unexpected contamination is found written confirmation of this must be provided to the Local Planning Authority prior to any occupation of the site.

           

            Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out.

 

8)         The dwelling hereby granted shall be used as a residential dwelling (Use Class C3) and for no other purpose within the Schedule of the Town and Country Planning (Use Classes) Order 2015 or any subsequent amendment or re-enactment thereof).

           

            Reason: In order to protect amenity.

 

9)         Notwithstanding the provisions of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (or any subsequent re-enactment or revocation thereof) the dwelling hereby approved shall not be enlarged, improved or otherwise altered without the prior consent of the City Council as Local Planning Authority.

           

            Reason: In the interests of the privacy and amenity of neighbouring residents.

 

10)      The construction of the development hereby permitted shall only be undertaken 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, except in relation to internal plastering, decorating, floor covering, fitting of plumbing and electrics and the installation of kitchens and bathrooms; and

           

            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. In the interests of the amenity of neighbouring properties.

 

11)      Tree protection measures

 

            Reason: To protect the health of trees during construction work.

 

Table A

 

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

 

Drawing No.	Drawing Type	Date Received
05 729RA 03 EPE	Elevations	3rd February 2021
04 729RA 04 PSP	Floor Plans - Proposed	3rd February 2021
RA-267 / 02 A	Other	23rd October 2020
RA-267 / 01 A	Other	23rd October 2020