Agenda item

PA/2021/1097 Outline planning permission to erect a two-storey dwelling with appearance, landscaping, layout and scale reserved for subsequent consideration at Pond Farm, Trentside Road, Kelfield

Minutes:

The applicant’s agent addressed the committee and spoke in support of the application.  He informed the meeting that the development was to be built and occupied by the applicant’s daughter and her family.  The development would make the site more secure and allow the family to be together.    The Parish Council had supported the application and there were no object. The application would be scrutinised when it is submitted for reserved matters. The Environment Agency had now removed their objection.  A similar infill application adjacent to the development site had been granted a few months ago.  An additional condition could be attached to the conditions that would ensure the development could not be sold unless for agricultural use.

 

The Planning Officer the officer advised against the inclusion of an agricultural occupancy condition as there was no evidence the applicant could comply with such a condition.

 

Local Ward Member Councillor D Rose would support the granting of the application were an agricultural condition included within the conditions.

 

Councillor J Davison stated he too would support the application were an agricultural condition attached to the conditions.

 

It was then moved by Councillor J Davison and seconded by Councillor R Hannigan –

 

That planning permission be granted, subject to the inclusion of the following conditions –

 

1.

Approval of the details of the layout, scale and appearance of the building(s), and the landscaping of the site, (hereinafter called 'the reserved matters') shall be obtained from the local planning authority in writing before any development is commenced.

 

Reason         

The application has been made under Article 5(1) of the Town & Country Planning (Development Management Procedure) (England) Order 2015.

 

2.

Plans and particulars of the reserved matters referred to in condition 1 above, relating to the layout, scale and appearance of any buildings to be erected, and the landscaping of the site, shall be submitted in writing to the local planning authority and shall be carried out as approved.

 

Reason         

The application has been made under Article 5(1) of the Town & Country Planning (Development Management Procedure) (England) Order 2015.

 

3.

Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

 

Reason         

To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

 

4.

The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

Reason         

To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

 

5.

The development shall be carried out in accordance with the submitted flood risk assessment (dated 10 June 2021 and compiled by Howard J Wroot Chartered Surveyor) and the following mitigation measures it details:

 

-  Finished floor levels of all habitable accommodation shall be set no lower than 6.53 metres above Ordnance Datum (AOD).

 

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

 

Reason         

To reduce the risk of flooding to the proposed development and future occupants.

 

6.

The details submitted in pursuance of any future reserved matters application based on this outline planning permission shall be accompanied or preceded by the submission to the local planning authority of a statement of heritage significance that accurately describes the significance of all the heritage assets and their settings, the potential impact of the development, justification of the impact and how the proposals accord with the requirements of policy LC14 of the North Lincolnshire Local Plan and other relevant historic environment local plan policies. The statement shall be supported with photographs that demonstrate the impact on vistas into and out from the site, including the scale of the proposed dwelling in relation to the neighbouring properties.

 

Reason         

To protect the historic landscape and nearby heritage asset in accordance with policies LC14 of the North Lincolnshire Local Plan and CS6 of the North Lincolnshire Core Strategy.

 

7.

Unless otherwise agreed by the local planning authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts 1 to 4 below have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the local planning authority in writing until part 4 has been complied with in relation to that contamination.

 

Part 1: Site Characteristics

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the local planning authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the local planning authority. The report of the findings must 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 a proposal of the preferred option(s).

 

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

 

Part 2: Submission of Remediation Scheme

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 must be prepared, and is subject to the approval in writing of the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, a 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.

 

Part 3: Implementation of Approved Remediation Scheme

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 (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the local planning authority.

 

Part 4: Reporting of Unexpected Contamination

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 Part 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Part 2, which is subject to the approval in writing of 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 Part 3.

 

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 off-site receptors in accordance with policy DS7 of the North Lincolnshire Local Plan.

 

8.

No development shall take place until details showing an effective method of preventing surface water run-off from hard paved areas within the site onto the highway have been approved in writing by the local planning authority. These facilities shall be implemented prior to the access and parking facilities being brought into use and thereafter so retained.

 

Reason         

In the interests of highway safety and to comply with policy T19 of the North Lincolnshire Local Plan, policies CS18 and CS19 of the North Lincolnshire Core Strategy, and paragraph 163 of the National Planning Policy Framework.

 

9.

No development shall take place until details showing an effective method of preventing surface water run-off from the highway onto the developed site have been submitted to and approved in writing by the local planning authority. These facilities shall be implemented prior to the access and parking facilities being brought into use and thereafter so retained.

 

Reason         

To prevent the increased risk of flooding to themselves and others, to improve and protect water quality, and to ensure the implementation and future maintenance of the sustainable drainage structures in accordance with policy DS16 of the North Lincolnshire Local Plan, policies CS18 and CS19 of the North Lincolnshire Core Strategy, and paragraphs 155, 157, 163 and 165 of the National Planning Policy Framework.

 

10.

Notwithstanding the provisions of Classes A, B, C, D, E and G of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order (2015), or any order re-enacting that order with or without modification, no extensions, buildings or enclosures shall be erected on the site or installed on the building other than those expressly authorised by this permission.

 

Reason         

To protect the historic landscape in accordance with policies LC14 of the North Lincolnshire Local Plan and CS6 of the North Lincolnshire Core Strategy.

 

11.

No development shall take place until details of:

 

(i)         the location and layout of the vehicular access; and

 

(ii)        the number, location and layout of vehicle parking and turning spaces within the curtilage of the site;

 

have been submitted to and approved in writing by the local planning authority.

 

Reason         

In the interests of highway safety and to comply with policies T2 and T19 of the North Lincolnshire Local Plan.

 

12.

No loose material shall be placed on any driveway or parking area within 10 metres of the adopted highway unless measures are taken in accordance with details to be submitted to and approved in writing by the local planning authority to prevent the material from spilling onto the highway. Once agreed and implemented these measures shall be retained.

 

Reason         

In the interests of highway safety and to comply with policy T19 of the North Lincolnshire Local Plan.

 

13.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that order with or without modification), nothing shall at any time be erected, retained, planted or allowed to grow over 1.05 metres in height above the level of the adjoining carriageway for a distance of 2 metres from the highway boundary across the site frontage.

 

Reason         

In the interests of highway safety and to comply with policies T2 and T19 of the North Lincolnshire Local Plan.

 

14.

The dwelling shall not be occupied until the vehicular access to it and the vehicle parking and turning space(s) serving it have been completed and, once provided, the vehicle parking and turning space(s) shall be retained.

 

Reason         

In the interests of highway safety and to comply with policies T2 and T19 of the North Lincolnshire Local Plan.

 

Motion Carried

Supporting documents: