Agenda item

The agent spoke at committee on behalf of the applicants, and in doing so highlighted the need for the application.  He stated that the proposal was for two family members who working in the farming business to be situated on the farm land.  He said there was a big requirement to have living presence on the farm for security reasons and for the safety of the animals, and risks would remain if this could not be approved. He stated it was a genuine rural enterprise with significant public support.

 

Cllr J Davison having read the report, and listened to the agent stated he had no objections to the application, but would like to see an agricultural tie added to the conditions if approved.

 

It was moved by Cllr J Davison and seconded by Cllr Ross –

 

That planning permission be granted in accordance with the following conditions –

1.

 

Details of the access, appearance, landscaping, layout and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development 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.

 

2.

 

Application for approval of the reserved matters (access, appearance, landscaping, layout and scale) shall be made to the local planning authority not later than 3 years from the date of this permission.

 

Reason

 

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

 

3.

 

The development hereby permitted shall take place not later than 2 years from the date of approval of the last of the reserved matters to be approved.

 

Reason

 

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

 

4.

 

The occupation of the dwellings hereby permitted shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependants.

 

Reason

 

Permission is granted only after taking account of the particular business needs involved and therefore as an exception to policies CS3 of the North Lincolnshire Core Strategy and RD2 of the North Lincolnshire Local Plan, and in the interests of residential amenity.

 

5.

 

All reserved matters pursuant to condition 1 above including “appearance” shall include details of all proposed walling, roofing and surfacing materials, and details of all proposed boundary treatments, including the materials proposed to be used.

 

Reason

 

In the interests of good design and visual amenity.

 

6.

 

All reserved matters applications pursuant to condition 1 above including “layout” shall include details of foul and surface water drainage and no dwelling shall be occupied until the drainage works as approved have been completed in accordance with the approved details.

 

Reason

 

To ensure satisfactory drainage is provided in accordance with policy DS14 of the North Lincolnshire Local Plan.

 

7.

 

All reserved matters applications pursuant to condition 1 above including “access” and “layout” shall include details of the location and layout of the vehicular accesses and the number, location and layout of vehicle parking and turning spaces within the site. No dwelling shall be occupied until the development has been completed in accordance with the details so approved and the vehicular access, parking and turning spaces as approved and completed shall be retained thereafter for the lifetime of the development.

 

Reason

 

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

 

8.

 

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 for the lifetime of the development.

 

Reason

 

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

 

9.

 

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 policy T19 of the North Lincolnshire Local Plan.

 

10.

 

All reserved matters applications pursuant to condition 1 above including ”access” shall include details showing an effective method of preventing surface water run-off from hard paved areas within the site onto the highway and an effective method of preventing surface water run-off from the highway onto the developed site. No dwelling hereby permitted shall be occupied until the approved methods of preventing surface water run-off have been completed and shall thereafter be retained in accordance with the approved details for the lifetime of the development.

 

Reason

 

In the interests of highway safety and 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.

 

11.

 

All reserved matters applications pursuant to condition 1 above shall be in accordance with the submitted flood risk assessment compiled by Richard Alderson Consulting. In particular, finished floor levels shall be set no lower than 4.1m above Ordnance Datum (AOD). All mitigation measures set out in the approved flood risk assessment shall be fully implemented prior to the dwellings hereby permitted being occupied. The mitigation measures shall be retained and maintained thereafter for the lifetime of the development.

 

Reason

 

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

 

12.

 

Part 1: Site Characteristics

 

A Phase 1 desk study shall be carried out to identify and evaluate all potential sources of contamination and the impacts on land and/or controlled waters, relevant to the site. The desk study shall establish a 'conceptual model' of the site and identify all plausible pollutant linkages. Furthermore, the assessment shall set objectives for intrusive site investigation works/Quantitative Risk Assessment (or state if none required). Two full copies of the desk study and a non-technical summary shall be submitted to the local planning authority for approval prior to proceeding to further site investigation.

 

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 Environment Agency’s Land Contamination Risk Management (LCRM) guidance April 2021.

 

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, 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 for pre-commencement condition: To ensure the site is safe for future users and construction workers.

 

13.

 

All reserved matters applications pursuant to condition 1 above including “layout” shall include a biodiversity management plan which shall include:

 

(a) details of bat roosting features to be installed;

 

(b) details of nesting sites to be installed to support farmland bird species;

 

(c) restrictions on lighting to avoid impacts on bat roosts, bat foraging areas, bird nesting sites and sensitive habitats;

 

(d) provision for hedgehogs to pass through any fencing installed between gardens and between areas of grassland;

 

(e) prescriptions for the planting and aftercare of native trees and shrubs of high biodiversity value;

 

(f) details to confirm that the measures proposed will provide a measurable net gain in biodiversity value of least 1% in accordance with the Defra Small Sites Metric;

 

(g) proposed timings for the above works in relation to the completion of the dwellings.

 

The approved biodiversity management plan shall be carried out in accordance with the approved details and timings, and the approved features shall be retained thereafter. Prior to the occupation of the approved dwellings, the applicant or their successor in title shall submit a report to the local planning authority, providing evidence of compliance with the biodiversity management plan.

 

Reason

 

To conserve and enhance biodiversity in accordance with policies CS5 and CS17 of the Core Strategy.

 

Informative 1

 

In determining this application, the council, as local planning authority, has taken account of the guidance in paragraph 38 of the National Planning Policy Framework in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the area.

 

Informative 2

 

The development hereby granted planning permission requires works to be carried out within the limits of the adopted (public) highway. Therefore:

 

- before ANY construction works take place within the limits of the highway you MUST contact the highway authority on telephone number 01724 297000 to arrange for the relevant permissions/licenses to be issued;

 

- before ANY service (utility) connections take place within the limits of the highway you MUST contact the highway authority on telephone number 01724 297319 to arrange for the relevant permissions/licenses to be issued.

 

Informative 3

 

For your information we are fully aware of foul sewer flooding issues in the Crowle catchment. For this reason, we advise that all surface water from the development cannot be connected into the foul sewer network. We would also suggest you consider upsizing the pipe network increasing storage around your development to cater for more intense storm conditions. Although this is not a requirement in terms of surface water flood risk compliance it would be good practice on your behalf to ensure an increased level of resilience for the development and its future occupiers.

 

Motion Carried.