TB1 S14/2953/MJRF Mr Andrew Jay, Constable Homes Proposal ...moderngov.southkesteven.gov.uk/documents/s13813... · 6.5 LCC Education: Final comments will be reported in the Additional

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TB1 S14/2953/MJRF Target Decision Date:

Committee Date: 27-Jan-2015 06-Jan-2015

Applicant Mr Andrew Jay, Constable Homes Springfield Lodge, Colchester Road, Chelmsford, Essex, CM2 5PW

Agent Mr Tim Waller, J B Planning Associates Ltd Chells Manor, Chells Lane, Stevenage, Herts, SG2 7AA

Proposal Residential Development of 227 dwellings, public open space, play area, associated infrastructure including highway and pedestrian facilities and drainage infrastructure

Location Land north of 372-400, Dysart Road,, Grantham

App Type Major Full (Residential)

Parish(es) Barrowby Grantham

Reason for Referral to Committee

This application has been referred to the committee as it requires a Section 106 agreement.

Recommendation Approved subject to condition(s)

Key Issues:

• The principle of the development, in terms of the sustainability of its location.

• The provision of policy compliant affordable housing provision

• The resulting traffic generation and its safe management.

• The quality of the proposed layout and its residential environment. Technical Documents Submitted with the Application:

• Arboricultural Impact Assessment

• Archaeological Desk Based Assessment

• Design and access Statement

• Environmental Noise Assessment

• Extended Phase 1 Badger and Vole Survey Tree Assessment for bats, Hedgerow Assessment

• Flood Risk Assessment

• Geophysical Survey Report

• Means of Access –Right Turn Option

• Parking Plan

• Pond habitat Suitability Index

• Refuse Strategy

• Reptile Survey

• Residential Travel plan

• Statement of Community Involvement

• Supporting Planning Statement

• Transport Assessment.

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REPORT 1.0 Application Category 1.1 This application is categorised as a major application for residential development. 2.0 Reason for Referral to Committee 2.1 This application has been referred to the committee as it requires a Section 106 agreement. 2.2 The application is the subject of a Planning Performance Agreement (PPA) which undertakes

that the application will be reported to this Committee on the 6th of January. Due to the early point at which this report is drafted due to over-Christmas arrangements, some aspects of the scheme are still the subject of ongoing discussions at the time of drafting this report.

3.0 The Site 3.1 The site as a whole is a broadly rectangular piece of land of approximately 5.9 ha in area. Its

southern edge is formed largely by the rear of homes and garden numbering 372 to 400 fronting Dysart Road, including three homes in Sportsman’s Row. Its eastern boundary is formed by the gardens of homes numbering 40 to 72 Valley Road. The undulating northern boundary abuts open countryside and the Barrowby Stream. Its western boundary closely adjoins the A1 trunk road, but is isolated from it by an adjacent greensward containing Sheep Wash Lane, a public ROW which follows the line of the A1 for some distance north-south. The site slopes gently downwards from its southern edge towards the Barrowby Stream. Trees and a hedgerow run from north to south in the centre of the site, but other tree cover is confined to the northern edge of the site adjacent to the Barrowby Stream, and in its western part where adjacent to Sheep Wash Lane.

3.2 The sole vehicular access proposed to the site is in its south eastern corner between number 372

Dysart Road and the near adjacent “Dysart Family Store”. 3.3 The site was identified as an allocation for circa 240 homes in the then emerging Grantham Area

Action Plan (GAAP). The Inspector examining the GAAP concluded that the site was suitable for such a development. The current SKDC Strategic Housing Land Availability Assessment confirms that suitability. Although work on the GAAP has since ceased in favour of an entirely new District wide Local Plan, the residential development of the application site on this scale is therefore in accordance with both National and Local Planning policy.

4.0 The Proposal 4.1 This application seeks full planning permission for a residential development of 227 x two storey

homes and gardens, with circulation roads and shared access drives, substantial elements of public open space adjacent to the Barrowby Stream in the northern part of the site and, along both sides of the pre-existing trees and hedgerow in the centre of the site. This would also include a Local Area for Play (LAP) within open space near to the north eastern corner.

4.2 The proposed access would include a dedicated right turning lane to ease traffic flows on Dysart

Road (to be implemented by a Section 278 agreement). The internal road layout proposed entails a spine road which runs broadly east-west within the centre of the development, with a series of minor roads and shared drives serving the development as a whole. After the single point of access from Dysart Road, those internal roads are so arranged such that almost all new homes can be approached from at least two alternative routes.

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4.3 The design of the proposed homes vary throughout the development and are of modern appearance in brick and tile, with some but not all making use of cladding in their upper part. The housing mix consists of 10 x one bed roomed apartments; 94 x two bed roomed houses; 119 x three bed roomed houses and 4 x four bed roomed houses.

5.0 Relevant Planning History 5.1 There is no relevant planning history to this site, beyond its examination within the emerging

Grantham Area Action Plan – see paragraph 3.3 above. 6.0 Consultations 6.1 LCC Highways:

At the time of drafting this report, a final response is awaited (following extensive pre-application discussions). Final comments will be reported in the Additional Items paper.

6.2 Environment Agency:

Originally lodged an objection to the methodology used in the applicant’s Flood Risk assessment (FRA). Subsequently withdrew their objection stating:

“The applicant has clearly stated that they do not wish to provide an integrated sustainable drainage system scheme for this development and provided a couple of broad statements for justification. If your Authority is satisfied that the information supplied is sufficient to justify the proposed approach and that the development is still considered sustainable using conventional drainage then the Environment Agency recommends that a suitable surface water condition is applied. Given the significant number of dwellings we would strongly recommend that the surface water is adopted by Anglian Water rather than a private Management Company. If your Authority are not satisfied with the proposed justification then our original objection remains as this would result in significant alterations to the proposed layout as previously highlighted.”

6.3 SKDC Land Drainage and Flood Prevention:

Has been actively involved in the gestation of this scheme, including a Multi Agency Group (MAG) meeting with the applicants; Environment Agency; Anglian Water and the IDB. Pending agreements to be set in place between the applicants and Anglian Water (see paragraph 9.8.2 below) the Land Drainage and Flood Prevention Officer’s final comments are to follow.

6.4 Anglian Water:

Confirm adequacy of Marston Water Recycling Centre and local Foul Sewerage Network. (Note that at the time of drafting the applicants are also in discussion with Anglian water about adoption of much of the drainage infrastructure within the development).

6.5 LCC Education: Final comments will be reported in the Additional Items paper.

6.6 SKDC Environmental Health: Advocate conditions relating to noise attenuation in proximity to the A1 Trunk Road. At the time of drafting this report they are also reviewing Geotechnical reports accompanying the application. Final comments will be reported in the Additional Items paper.

6.7 LCC Police Crime Prevention Officer:

(see paragraph 9.6.3 below) comments awaited. 6.8 Lincolnshire Wildlife Trust:

No objection. “We strongly support the retention and management of the existing wetland area adjacent to Barrowby Stream, and hedgerows and trees within the development layout”

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6.9 NHS England: No objections but request a calculated S106 contribution towards enhancements to local Primary Care provision.

6.10 HSE:

(A nearby gas main beneath Sheep Wash Lane). No objections.

6.11 Highways Agency: (The nearby A1 Trunk road) No objections.

7.0 Representations 7.1 The application has been advertised in accordance with the Councils adopted Statement of

Community Involvement relevant to this type of planning application. 7.2 Neighbours have been notified of the application and site notices posted. The period for receipt

of comments expired on 26th November 2014. 7.3 14 letters received making the following points:

• Traffic generation onto Dysart Road, threat to pedestrian safety,

• Needs at least a Pelican Crossing,

• Loss of privacy due to overlooking,

• Loss of rural views over the site,

• Plea to be given some of the land to look after a tree within the application site,

• Danger of flooding the Barrowby Stream,

• The effect of environmental noise from the nearby A1 trunk road,

• The play area should be better sited where it would be overlooked,

• Development should be on Brownfield sites within the town, not around its edges,

• Contrary to some aspects of the Core Strategy,

• “Why is the town being dominated by these housing projects? Haven’t there been enough

in the last few years”?

• Loss of value to nearby properties,

• Out of character with the local area.

8.0 Policy Framework 8.1 Planning law requires that applications for planning permission must be determined in

accordance with the development plan, unless material considerations indicate otherwise. Relevant national and local policies in respect of the proposed development are as follows:

8.2 National Planning Policy Framework (NPPF)

6. Delivering a wide choice of high quality homes (paras 47 – 50) – Makes clear that LPAs should significantly boost the supply of housing by identifying the full objectively assessed housing needs of the district and ensuring provision through suitable allocated sites and windfall sites in their local plan. LPAs should have a 5 year supply of housing land with a 5% buffer. LPAs are also encouraged to set out their own approach to density to reflect local circumstances.

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7. Requiring good design (paras 56, 58, 60, 64) – Requires new development to be of high quality design which is appropriate for the character of the area and the way it functions and makes use of all available opportunities to enhance it. Whilst local distinctiveness is encouraged, planning decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative. It is emphasised that good design goes beyond the visual appearance of individual buildings and includes among other things, connections between people and places, and integration with the historic, built and natural environment. Planning permission should be refused for developments which are considered to be of poor design. 10. Meeting the challenge of climate change, flooding and coastal change (paras 93) – Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure. This is central to the economic, social and environmental dimensions of sustainable development. (Para 100) – Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, it should be made safe without increasing flood risk elsewhere. Shops.

8.3 South Kesteven Local Plan - Core Strategy 2010: 8.3.1 Policy SP1: Spatial Strategy - This policy supports new developments in major centres such as

Grantham. 8.3.2 Policy SP3: Sustainable Integrated Transport – This policy directs developments to locations which encourage greater use of public transport, walking and cycling to access facilities. 8.3.3 Policy SP4: Developer Contributions – Requires appropriate section 106 contributions to facilitate sustainable development including in this case affordable housing. 8.3.4 Policy EN1: Protection and Enhancement of the Character of the District – Requires that development must be appropriate to the character and significant natural, historic and cultural attributes and features of the landscape within which it is situated, and contribute to its conservation, enhancement or restoration. 8.3.5 Policy EN2: Reducing the Risk of Flooding – Directs development away from areas identified in the South Kesteven Strategic Flood Risk Assessment and seeks to ensure that adequate drainage and flood risk mitigation is put in place for new development 8.3.6 Policy H1: Residential Development – Sets out the spatial distribution of new housing development over the plan period. 8.3.7 Policy H3: Affordable Housing – Requires residential developments of 5 or more dwellings to provide a target of 35% affordable housing, preferably on site unless viability or other constraints would justify an off-site financial contribution towards affordable housing elsewhere in the district or a reduced contribution.

8.4 South Kesteven Site Allocations & Policies DPD 2014

8.4.1 Policy SD1: Presumption in Favour of Sustainable Development – This policy reflects the emphasis of the NPPF towards a positive approach to approving appropriate policy compliant development without delay.

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9.0 SKDC Corporate Priorities 9.1 The Council’s Corporate Priorities are to: 9.2 Grow the economy

• Support & facilitate the growth of business

• Enable delivery of attractive retail & leisure offer

• Easy to do business with – look to say yes

• Promote infrastructure to support growth

• Skills – high value employment

• Attract as a destination for investment

9.3 Keep SK clean, green and healthy

• Enable development of our parks and open spaces

• Clean and attractive street scene

• Sustain high levels of recycling

• Reduce the Carbon footprint of our organisation

• Encourage active & healthy lifestyles

9.4 Promote leisure, arts and culture

• Support and enable development of a diverse economy – daytime & evening

• Enable wide ranging leisure opportunities

• Enable access to a balanced culture & arts programme

• Promote our heritage & tourism

9.5 Support good housing for all

• Ensure the right mix of housing meets local needs

• Enlarge the development of lifetime homes

• Support the creation of neighbourhoods

• Reduce fuel poverty

9.6 This application supports the “keep SK clean, green and healthy”, “grow the economy” and “good housing for all” strands of the Council’s priorities by providing new good quality homes in a sustainable location of appropriate type and tenure (including an affordable housing contribution). The occupiers would contribute to the local economy through support for local businesses and

10.0 Evaluation 10.1 Main Issues

• Principle of development (sustainability)

• Affordable Housing

• Impact on form and character of surrounding area

• The quality of residential environment to be provided

• Highway safety/traffic

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10.2 Principle of Development 10.2.1 The thrust of national and regional and local policy is that development should be in sustainable

locations wherever possible. The Core Strategy has a clear spatial strategy for the location of new development. CS policies SP1(Spatial Strategy) and H1 (Residential Development) direct the majority of new housing development within the District to be focussed in Grantham – notably in the Southern Quadrant, and elsewhere throughout the District at sites identified in the Site Allocations and Policies DPD. This application site is not in either such category but was one of those sites which was closely examined and favoured as part of the then emerging Grantham Area Action Plan prior to the abandonment of that programme earlier this year. That selection process was based on the rigorous criteria set out in paragraph 5.1.5 of the Core Strategy. Core Strategy Policy SP1 states than new residential development on appropriate greenfield sites will be considered in Grantham, sufficient to ensure that growth targets for the town are achieved. Policy H1 goes on to say that housing growth will be focussed on Grantham and apportions 56% of the Districts housing requirement to Grantham.

10.2.2 The application site is alongside Dysart Road – a major radial route into Grantham that is a major

and established Bus and commuting route, with good pedestrian and cycle links to the town centre, along with more local community and retail facilities. There are no compelling constraints or other material considerations which outweigh the potential benefits of the site being bought forward for housing development.

10.2.3 The site is not allocated but is a suitable infill site which satisfies the criteria above. Taking

the above into account the principle of residential development of this site is acceptable and supportable.

10.3 Affordable Housing 10.3.1 CS Policy H3 requires developments of 5 or more dwellings to provide 35% affordable housing

which on a development of this size and type could be provided on or off site. For a scheme of 227 homes, this would entail the provision of up to 79 affordable homes. As submitted, the application provides for 46 affordable homes, leaving an outstanding requirement for 33 additional affordable homes. The applicants have also submitted a Confidential “Viability Assessment” which purports to demonstrate that the development would not be commercially viable if rather more affordable homes were to be provided, in addition to other S106 costs - notably towards local education and health service improvements.

10.3.2 NPPG-Viability Guidance provides detailed advice about viability in decision making, including

how to determine development costs and land values and makes it clear that in all cases the value of land should reflect policy requirements and Planning Obligations.

10.3.3 Officers commissioned a “due diligence” analysis of the applicant’s own viability assertions from a

reputable independent firm of Valuers. At the time of drafting this report their analysis has yet to be finalised pending further discussions with the applicant’s own Valuer. However, there do not appear to be any significant differences between the two sides. An Additional Items paper will update this report at your meeting.

10.3.4 The 46 affordable homes proposed by the applicant comprise 10 x one bed roomed two storey

apartments; 31 x two bed roomed houses, and 5 x three bed roomed houses. These would be grouped into three distinct zones within the site. Their design and appearance is effectively “tenure blind” and not easily distinguished from open market homes elsewhere within the same development.

10.5 Impact on Form and Character of the Area 10.5.1 The character of the proposed development is broadly comparable in terms of layout and density

to that of the adjacent Valley Road development. The minimum “back to back” distance as proposed is in the order of 26 metres (in a single case), and is more generally in excess of 30

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metres. Although some adjacent homes would suffer some loss of previously rural outlook and arguably some loss of value, neither of these points is a material planning consideration.

10.5.2 Taking the above into account the development is appropriate and would not adversely

compromise the form and character of the area. 10.6 The quality of residential environment to be provided 10.6.1 As intimated earlier, the character of the proposed development is entirely contemporary in brick,

tile and cladding. The form of layout is clearly intended to maximise accessibility for pedestrians and vehicles throughout its various parts. Certain key “axial” buildings which close vistas are elevated in a more complex manner to emphasise their prominence. The proposed road network within the development consists of major access roads interconnected with shared surface roads. The major access roads are of 5.5 m width with 1.8 m footways on both sides. The shared surface roads will interconnect to the major access roads via loops or cul-de-sacs and are also to be 5.5 m width without dedicated footways. All homes including two storey flats would be provided with a practical area of private garden. All on-plot and communal parking areas are slightly above “U.K standard” size, with dimensions of 2.5 x 5.0 metres.

10.6.2 The single adverse environmental aspect which gives concern is that of environmental noise from

the nearby A1 Trunk road within the western part of the application site. At a pre-application stage, the applicants commissioned a formal “Environmental Noise Assessment” which measures external noise levels throughout that part of the site in proximity to the A1 and calculates those construction and specification measures that would be required to achieve satisfactory internal and external noise levels throughout the proposed development. A condition is recommended that will safeguard both internal and external noise levels for those proposed homes and gardens affected.

10.6.3 One aspect of those noise attenuation measures is the possibility of a robust acoustic fence that

would separate Sheep Wash Lane from the adjacent homes. Such a fence would effectively serve to reduce external noise levels but, in the view of officers, would reduce or prevent visual oversight by future residents of any use or miss-use of Sheep Wash Lane. Evidence suggests that Sheep wash Lane may currently be used for a variety of dumping and other anti social behaviours. The views of LCC Police’s Crime Prevention Officer have been sought and will be reported when received.

10.7 Highways and Transport Matters 10.7.1 The planning application is accompanied by a Transport Assessment, based on a “precautionary”

assumed 250 home development (rather than the 227 actually proposed). That Traffic Assessment estimates a year 2016 morning “peak hour” traffic generation of 52 vehicles into the development and 112 exiting (08:00 to 09:00) - against existing flows on Dysart Road of 339 vehicles eastbound and 183 westbound; and, an evening peak of 94 vehicle movements into the site and 44 leaving (17:00 to 18:00) – against 200 vehicles eastbound and 248 westbound on Dysart Road. As an important link road, Dysart Road has a theoretical capacity of some 1500 vehicles per hour. It follows that these proposed traffic flows are substantial but do not in themselves represent a hazard to pedestrians, cyclists or other road users. A related study was also made of the impacts upon the wider road network, notably at the junction of Dysart Road and Trent Road with similar conclusions.

10.7.2 To ease the free flow of traffic on Dysart Road, a right turning Lane has been required by LCC

Highways. This will be secured by a Section 278 Agreement relating to any planning permission. That right turning lane, along with the looped nature of the layout is also intended to obviate any need for a dedicated emergency access to serve the development.

10.7.3 The applicants have proposed a draft “Travel Plan” which is intended to maximise the use of non-

car means of transport. The implementation of those measures is the subject of a recommended condition and provisions within the suggested S106 obligation.

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10.7.4 The Committee will note that the final observations from LCC Highways are awaited at the time of drafting this report. An Additional Items paper will update this report as necessary.

10.8 Drainage 10.8.1 It is understood that there are some localised historical flooding issues relating to the Barrowby

Stream alongside the northern edge of the application site. All of the surface water from the proposed development, over and above existing flows, will go via the Barrowby Stream. However, the applicants have proposed a surface water strategy which, the drainage consultees are satisfied (subject to detailed design, secured by planning condition) can deal effectively with surface water drainage from the non-permeable parts of the proposed development.

10.8.2 At the time of drafting this report the applicants are still in discussion with Anglian Water about

adoption and so future maintenance of the surface water drainage system proposed. On the 10th of December, at the prompting of officers, they stated the following for inclusion within this report:

“The Applicant’s drainage engineers, Stomor, have set out a comprehensive Drainage Strategy within the Flood Risk Assessment which accompanies the planning application. This proposes a variety of measures to attenuate surface water within the site. Surface water is proposed to be discharged to Barrowby Stream, located at the low end of the application site. The existing greenfield run-off rate will be attenuation so that the existing run-off rate is reduced. This is achievable because of the slope of the site means that the existing run-off rate is higher with rainfall reaching the Stream relatively quickly. The attenuation provided within the site through a positive drainage regime will provide very significant reductions in the rate of flow to the Stream for any major storms beyond a 1 in 1 year (annual probability) event. The proposed surface water attenuation will therefore manage and reducing the risk of flooding downstream by slowing down the volume of water entering the Stream from the proposed development. The Applicant has undertaken infiltration test across the site which confirms that soakaways are a viable method of attenuation on parts of the site. Other attenuation methods include over-sized drainage pipes with built-in storage capacity and Sustainable Drainage Systems (SuDS) such as swales and filter trenches within the undeveloped parts of the site. These sustainable forms of attenuation measures will also clean the surface water run-off before it enters the Stream to ensure that there will be no effect on ecology. Soakaways will be provided to individual plots to capture rainfall from roofs and other impermeable areas such as patios. The detailed design the drainage infrastructure can be controlled by a pre-commencement planning condition and discharged following consultation with Anglia Water Services (AWS) in the usual way and agreed prior to the development taking place. The Applicant is continuing to liaise with AWS over the adoption of the drainage network under Section 104 of the Water Industry Act 1991. This would include drainage infrastructure such as pipework, manholes and outflows, and also SuDS surface water drainage features. A maintenance programme will be provided at the detailed design stage to conform with Anglian Water Services SuDS Manual”.

10.8.3 Note that the applicant’s proposals would entail a net reduction in the present rate of run-off into

the Barrowby Stream. Although an alternative drainage strategy might well be possible, that would involve surface level swales and filter trenches at street level (favoured by the Environment Agency), and would also entail less developable space, less homes and so yet lower viability and so fewer affordable homes. The applicants have clearly favoured a more conventional approach. An Additional Items paper will be made to confirm arrangements set in place between the applicants and Anglian Water Services by the 6th of January.

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10.9 Conclusion 10.9.1 The proposed residential development is a significant development alongside Grantham in

a sustainable location and will maintain delivery of the Council’s desired housing trajectory. It is of appropriate layout, design and appearance and, subject to compliance with necessary conditions, it is supportable and acceptable.

10.9.2 Accordingly, for the reasons set out above, this application is recommended for planning

permission subject to necessary planning conditions and a Section 106 obligation. 11.0 Section 106 Heads of Terms 11.1 To follow in matters of detail. S106 contributions will be required to address local education

matters; local health service provision; provision and maintenance of public open space and play facilities within the development, and delivery of affordable homes. The actual level of the various contributions will be reported in an Additional Items paper.

12.0 Crime and Disorder 12.1 It is considered that the proposals would not result in any significant crime and disorder

implications. 13.0 Human Rights Implications 13.1 Articles 6 (Right to fair decision making) and Article 8 (Right to private family life and home) of the

Human Rights Act have been taken into account in making this recommendation. 13.2 It is considered that no relevant Article of that act will be breached. 14.0 SUMMARY OF REASON(S) FOR PERMISSION: 14.1 It is considered that the development of this Greenfield site for residential development alongside

the built up area of Grantham is in accordance with the sustainability aims of national and local planning policy. It is considered that the proposal would create a form and quantity of development which is appropriate and compatible with the surrounding area and, would not increase the risk of flooding or be detrimental to highway safety or the reasonable amenities of neighbours.

14.2 It is therefore considered that the current proposal is in accordance with the National Planning

Policy Framework (Section 6 – Delivering a wide choice of high quality homes; Section 7 – Requiring good design and, Section 10 – meeting the challenge of climate change,

flooding and coastal change) and policies SP1, SP3, SP4, EN1, EN2, and H1 of the South Kesteven Core strategy, and Policy SAP H1 of the South Kesteven Site Allocations and Policies Plan, and that there are no material considerations that indicate otherwise, although necessary conditions and a necessary Section 106 planning obligation are imposed.

14.3 In reaching this decision the Council has worked with the applicant in a positive and proactive

manner by determining the application without undue delay. As such it is considered that this decision is in accordance with paragraphs 186 – 187 of the National Planning Policy Framework.

15.0 RECOMMENDATION: 15.1 Defer to the Chairman and Vice Chairman in consultation with the Executive Manager

Development and Growth for approval subject to the signing of a Section 106 obligation and in

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accordance with the conditions outlined below. Where the Section 106 obligation has not been concluded prior to the Committee a period not exceeding six weeks post the date of this Committee shall be set for the completion (including signing) of that obligation.

15.2 In the event that the obligation has not been concluded within the six week period and where in

the opinion of the Executive Manager Development and Growth there are no extenuating circumstances which would justify a further extension of time, the related planning application shall be refused planning permission for appropriate reason(s) on the basis that the necessary criteria essential to make what would otherwise be unacceptable development acceptable have not been forthcoming.

16.0 RECOMMENDATION: That the development be Approved subject to condition(s)

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission. Reason: To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.

2. No development shall commence until final details of the external materials to be used in the construction of walls and roofs have been submitted to and agreed in writing by the Local Planning Authority. Only the agreed materials shall be used in the development. Reason: To ensure a satisfactory appearance to the development and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

3. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.); proposed and existing functional services above and below ground (e.g. drainage, sewers, power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme]. Reason: Hard and soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

4. All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any adjacent part of the development or in accordance with an alternative programme previously agreed with the local planning authority. Reason: Hard and soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

5. A landscape management plan, including responsibilities for landscape management, long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved by the local planning authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved. Reason: Hard and soft landscaping and tree planting make an important contribution to the

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development and its assimilation with its surroundings and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

6. Before development is commence on site all existing trees shown to be retained on the approved

plan shall be fenced off to the limit of their branch spread. No works (including removal of earth), storage of materials, vehicular movements or siting of temporary buildings shall be permitted within these protected areas, unless otherwise agreed in writing with the Local planning Authority. Reason: To prevent unnecessary damage to existing trees and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

7. Prior to the commencement of any works or site preparations pursuant to this planning

permission, a phasing plan shall be submitted to and approved in writing by the Local Planning Authority. That phasing plan shall outline the programme of works and such matters as access to those works during construction, implementation of landscaping as development proceeds, and the timely completion of roads and shared driveways to each new home as hereby permitted. Reason: to ensure that the development as a whole proceeds in an orderly and coordinated manner having regard to its large scale and extended building period, pursuant to Policy EN1 of the South Kesteven Core Strategy.

8. Prior to the commencement of works or on-site preparations pursuant to this planning permission, a Construction Site Environmental Management Plan (CSEMP) shall be submitted to and approved in writing by the Local Planning Authority. The submitted CSEMP shall specifically address the following matters: a) The hours and days of the working week in which works shall proceed on site. b) On-site arrangements to be made for the parking of operatives and visitor’s vehicles while present at the site. c) On-site arrangements to be made for the parking, manoeuvring, loading and unloading of delivery vehicles to the site. d) On-site arrangements to be made for the reception and storage of materials and components throughout the construction period. e) The location of on-site office and amenity buildings throughout the construction period. f) The name and contact details of a nominated site manager throughout the construction period. Reason: to ensure that the development as a whole proceeds in an orderly and coordinated manner having regard to its large scale and extended building period, pursuant to Policy EN1 of the South Kesteven Core Strategy.

9. Prior to the commencement of relevant homes hereby permitted to the west of Plots 53 to 60 (inc), unless otherwise agreed in writing by the Local Planning Authority following a re-survey, drawn and written details shall be submitted to and approved in writing by the Local Planning Authority of acoustic attenuation measures to be installed within or around each such home. The development shall be undertaken in accordance with any such details that are approved.

10. Reason: To ensure the provision of satisfactory living conditions in the homes concerned having regard to the proximity of the A1 Trunk road and pursuant to paragraph 123 of the national Planning Policy Framework.

11. Prior to commencement of works on site drawn and written details shall be submitted to and approved in writing by the Local Planning Authority of the Local Area for Play (LAP) indicated on submitted layout drawings. The submitted drawings and specification shall include: a) Any alterations proposed to ambient ground levels. b) Dog proof fencing surrounding the designated play area. c) The provision of adult seating. d) The play equipment proposed.

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e) Appropriate “safety surfacing” where necessary. The approved Local Area for Play shall be completed in all respects and made available for use before the completion and occupation of the 200th home hereby permitted, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the Local Area for Play is provided to an appropriate, safe and durable specification pursuant to Policy EN1 of the South Kesteven Core Strategy.

12. Prior to commencement of works on site, drawn and written details shall be submitted to and approved in writing by the Local Planning Authority of the proposed surface water and foul sewer drainage system throughout the development as herby permitted. The submitted details shall include: a) Measures sufficient to demonstrate a net reduction in the existing run-off to the Barrowby Stream. b) The management and responsibilities for management of each part of the proposed system over time. c) A time table for implementation of the proposed scheme. The approved drainage scheme, management arrangements and any timetable for implementation shall be completed and set in place to the satisfaction of the Local Planning Authority. Reason: To prevent any increased risk of flooding and to prevent pollution of controlled waters by ensuring the provision of a satisfactory means of surface and foul water disposal and in accordance with Policy EN1 of the South Kesteven core Strategy.

13. Notwithstanding the details shown on submitted drawings, prior to the commencement of works on site, drawn and annotated details of the slab level of each building in relation to nearby and adjacent ground levels proposed and pre-existing levels at the boundaries of the site, shall be submitted to and approved in writing by the Local Planning Authority. The approved levels shall be those implemented. Reason: To ensure the quality of the finished development and its relationship with adjacent homes and gardens, pursuant to Policy EN2 of the South Kesteven Core Strategy.

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Site Location Plan

Site Layout Plan

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Street Scene

Example House Types

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TB2 S14/2692/MJRO Target Decision Date:

Committee Date: 29-Dec-2014 06-Jan-2015

Applicant Wheatcroft Land C/o Agent

Agent Miss E Garvey, Freethcartwright LLP Cumberland Court, 80, Mount Street, Nottingham, NG2 2EJ

Proposal Demolition of existing buildings and Hybrid planning application for part Full and part Outline Consent comprising: Full application for a new retail store and car park and, Outline application for 14 houses with landscaping, access and boundary treatment

Location 139, Ermine Street, Ancaster, Grantham, Lincolnshire, NG32 3QN

App Type Major Outline (Residential)

Parish(es) Ancaster


This application has been referred to the committee due to viability concerns as it otherwise requires a Section 106 agreement. Although recommended for refusal of permission in paragraph 13 below, following an e-mail exchange on the 4th of December, ongoing negotiations between the applicant’s agents and the Council’s Case Officer may lead to a late change of recommendation.

Recommendation Refused for the following reason(s)

Key Issues



• Design, and Impact on form and character of surrounding area

• Highway safety/traffic Technical Documents Submitted with the Application

• Archaeological Assessment

• Design and Access Statement

• Flood Risk Assessment

• Noise Assessment

• Phase 1 Geo-environmental Assessment

• Phase 1 Habitat Survey

• Planning and Retail Statement

• Transport Assessment

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REPORT 1.0 Application Category 1.1 This application is categorised as a major outline application for residential development, combined with an application for full planning permission for a retail supermarket. 2.0 Reason for Referral to Committee 2.1 This application has been referred to the committee due to viability concerns as it otherwise

requires a Section 106 agreement. Although recommended for refusal of permission in paragraph 13 below, following an e-mail exchange on the 4th of December, ongoing negotiations between the applicant’s agents and the Council’s Case Officer may lead to a late change of recommendation.

3.0 The Site 3.1 The site as a whole is a rectangular former garage and workshop on the east side of Ermine

Street, at the northern end of Ancaster. It has a site area of around 0.45 ha, and is broadly level although the surrounding land and gardens slope gently up from the Ermine Street road frontage so that they are in the order of 1.2 metres above the application site where adjacent to its northern and eastern boundary. Overall, neighbouring homes in North Drive to the west are around 3 to 4 metres above the level of the Ermine Street frontage.

3.2 The application site is surrounded by low density post war residential development. The site lies

well to the north of the designated Ancaster Conservation Area. Trees on the opposite side of Ermine Street are the subject of a TPO.

3.3 Ancaster is identified as a Local Service Centre under Core Strategy Policy SP2. 4.0 The Proposal 4.1 This application is essentially a composite. It seeks full planning permission for a proposed Coop

convenience store, service facility and car park at the frontage to Ermine Street on its northern side; and outline planning permission for a total of 14 houses and gardens, a service road and car parking over the remainder of the site in its rearward part.

4.2 The single access would serve both the proposed Coop convenience store and residential

development. The proposed store would have a gross floor area of some 279 sq metres (a net sales area of 186 sq metres – 2,000 sq feet); a service yard or reception area on its eastern side and, 17 allocated car parking spaces. Those would be accessed independently via but not directly from a new road entrance from Ermine Street. That new road would then lead to the western - rearward part of the site where indicative drawings show a total of 14 x two storey two and three bed roomed homes; gardens, and 21 communal and on-site car spaces. As an outline application for residential development, that layout might well evolve with submission of future reserved matters applications.

4.3 These applications would also involve the demolition of the existing dwelling and garage

buildings.

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5.0 Relevant Planning History 5.1 There is no relevant planning history that does not relate to the garage premises to be

demolished. A pre-application public consultation event was undertaken by the developer, hosted by Ancaster PC.

6.0 Consultations

6.1 Ancaster Parish Council:

Make a number of points:

• Report on a pre-application consultation even by the applicants, hosted by the PC. The PC’s conclusion was that there was broad public support for the proposed Coop store, (particularly since closure of the former Village Store), but most residents appeared to favour a light industrial use over the remainder of the site.

• The PC favour the proposed convenience store, but find the design in its current form to be unacceptable – “unsympathetic to the village setting and inappropriate”. The PC regret the absence of any other options regarding the proposed design. “... as a minimum we would like to see some attempt to create a pantiled roof even if this is just a facade, we would also like to see some form of architectural detailing in Ancaster stone, this does not have to be excessive and indeed at that end of the village could be quite subtle but with careful thought the building could fit in so much better with its surroundings”

• The PC are concerned about the absence of a pavement on the east side of Ermine Street, where it passes under the railway bridge around 150 metres to the south of the application site. The PC believes this to represent a hazard to pedestrians. For the same reason also favour provision of a pedestrian refuge to aid pedestrians at a point opposite the proposed convenience store.

• (Submitted prior to receipt of amended drawings). The PC suggest a limit on the size of delivery vehicle; a redesign that avoids any need for service vehicles to reverse and, a time limit of 22:00 to 06:00 when deliveries are not allowed.

• The PC believe that the indicative provision for residents’ parking to be inadequate (an outline application) – which might lead to residents parking in retail spaces and hence retail customers parking on Ermine Street.

The Parish Council have also been in correspondence about their wish to seek funding for a future extension to Ancaster Cemetery – although no formal request for S106 funding has been received. However, given that only 14 homes are proposed against an existing population of some 1,300 within Ancaster as a whole, any proportionate contribution towards future demand for local burials would be a minor sum.

6.2 LCC Highway Authority: Prompted revised plans showing improved arrangements for service vehicles. Have reviewed the Parish Council’s concerns about pedestrian safety reported above and do not support those points. Hence no objection subject to imposition of appropriate conditions

6.3 Lincolnshire Police, Crime Prevention Officer:

Lincolnshire Police do not have any objections to the principle of this development and outline plans and documents. Make a number of suggestions such as operational CCTV and the absence of obstructions to through visibility within the proposed shop front.

6.4 Environment Agency:

No objection subject to conditions providing for decontamination.

6.5 LCC Education: No response received.

6.6 Heritage Lincolnshire: No response received

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6.7 SKDC Land Drainage and Flood Prevention: No objection in principle subject to surface water drainage condition

6.9 SKDC Viability consultant:

See paragraph 9.3.2 below. Conclude that four affordable homes and other S106 matters can be afforded.

6.10 SKDC Environmental Health:

No objections. Recommend conditions requiring a masonary wall to screen the retail car park from adjacent residential gardens proposed and further conditions regarding decontamination of the site.

7.0 Representations 7.1 The application has been advertised in accordance with the Councils adopted Statement of

Community Involvement relevant to this type of planning application. 7.2 Neighbours have been notified of the application and a site notice posted. Neighbours and

Ancaster PC were re-consulted following receipt of amended plans on the 13th of November 2014.

7.3 Five letters received in response, making the following points:

• One letter from a near neighbour requesting that the boundary to the southern edge of the site should be a screen wall – to screen the house and garden from manoeuvring vehicles and lights.

• Possible road safety issues regarding the entrance to Ermine Street. (Note the views of LCC Highways).

• Requesting the imposition of yellow line parking controls from the edge of the 30 mph speed limit to the north, as far as the rail bridge to the south. (Note the views of LCC Highways).

• Potential overlooking from houses and noise/disturbance from increased number of vehicles entering or leaving development.

• Support for the application – “Noise would not be a problem considering that the site was formerly a petrol filling station and workshop”.

8.0 Policy Framework Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. Relevant national and local policies in respect of the proposed development are as follows:

8.1 National Planning Policy Framework (NPPF)

Section 3 – Supporting a prosperous rural economy Section 4 - Promoting sustainable transport Section 6 – Delivering a wide choice of high quality homes Section 7 - Requiring good design Section 10 - Meeting the challenge of climate change, flooding and coastal change Section 12 – Conserving and enhancing the historic environment

8.2 South Kesteven Local Plan - Core Strategy 2010: 8.2.1 Policy SP1: Spatial Strategy - This policy supports new developments in sustainable locations

including local service centres such as Ancaster.

8.2.2 Policy SP2: Sustainable Communities- This policy defines Ancaster as a local service centre (LSC) and directs development to LSCs.

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8.2.3 Policy SP3: Sustainable Integrated Transport – This policy directs developments to locations

which encourage greater use of public transport, walking and cycling to access facilities such as LSCs.

8.2.4 Policy SP4: Developer Contributions – Requires appropriate section 106 contributions to facilitate sustainable development including in this case affordable housing.

8.2.5 Policy EN1: Protection and Enhancement of the Character of the District – Requires that development must be appropriate to the character and significant natural, historic and cultural attributes and features of the landscape within which it is situated, and contribute to its conservation, enhancement or restoration.

8.2.6 Policy EN2: Reducing the Risk of Flooding – Directs development away from areas identified in the South Kesteven Strategic Flood Risk Assessment and seeks to ensure that adequate drainage and flood risk mitigation is put in place for new development

8.2.7 Policy H1: Residential Development – Sets out the spatial distribution of new housing development over the plan period including sites in LSCs

8.2.8 Policy H3: Affordable Housing – Requires residential developments of 5 or more dwellings to provide a target of 35% affordable housing, preferably on site unless viability or other constraints would justify an off-site financial contribution towards affordable housing elsewhere in the district or a reduced contribution.

8.3 South Kesteven Site Allocations & Policies DPD 2014 8.3.1 Policy SD1: Presumption in Favour of Sustainable Development – This policy reflects the

emphasis of the NPPF towards a positive approach to approving appropriate policy compliant development without delay

8.3.2 Policy SAP H1: Other Housing Development – Directs development of non allocated sites to sustainable locations, defining the types of sites that are acceptable in principle. This includes infill sites (up to 10 dwellings) in LSCs

8.4 South Kesteven Planning Obligations SPD 2012 8.4.1 Paragraph 1.1.2 – “This Supplementary Planning Document (SPD) is intended to help to ensure

development proposals make a positive contribution to sustainable development by providing social, economic and environmental mitigation which considers the community as a whole. In addition to this it will help to increase understanding of Planning Obligations and enable applicants to take the potential costs of a proposed development into account at the earliest opportunity”.








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9.6 This application supports the “keep SK clean, green and healthy”, “grow the economy” and “good housing for all” strands of the Council’s priorities by providing new good quality homes in a sustainable location of appropriate type and tenure (preferably including an affordable housing contribution). The occupiers would contribute to the local economy through support for local businesses and shops.

10.0 Evaluation 10.1 Main Issues



• Design, and Impact on form and character of surrounding area

• Highway safety/traffic 10.2 Principle of Development 10.2.1 The thrust of national and regional and local policy is that development should be in sustainable

locations wherever possible. The CS has a very clear spatial strategy for the location of new development. Core Strategy policies SP1(Spatial Strategy) and H1 (Residential Development) direct the majority of new housing development in the rural area towards the more sustainable villages with a higher level of local services/amenities which have been identified as Local Service Centres (LSCs). Ancaster is designated as an LSC under Core Strategy Policy SP2.

10.2.2 Core Strategy Policy SP1 read together with CS policy H1 allows residential development on

allocated sites or other small sites within the built up area of LSCs. SAP Policy H1 states:

Planning permission will only be granted for small infill (sites of 10 or fewer houses) and redevelopment sites provided that the development:

i) can be satisfactorily accommodated by: the existing local highway network; the waste water treatment and sewerage network and; the local education and health provision.

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ii) will not have a detrimental impact upon the quality of life of adjacent residents and properties.

iii) will not compromise the nature and character of the settlement. iv) is in accordance with the criteria of Policies EN1, EN2, and EN4 of the Core

Strategy. 10.2.3 The site is not allocated but is a larger pre-used land (Brownfield) site that, apart from its

size, satisfies the detailed criteria above - so residential development of the site is otherwise in accordance with the intention of these policies.

10.2.4 It follows that the principle of mixed use retail and residential development of this site is

supportable. The proposed convenience store would actually be an economically and socially significant asset to Ancaster as a Local Service Centre.

10.3 Affordable Housing 10.3.1 Core Strategy Policy H3 requires developments of 5 or more dwellings to provide up to 35%

affordable housing which on a development of this size and type could be provided on or off site. For a proposed development of 14 homes it is thus expected that 5 (4.9) would be affordable. On the 27th of October (six weeks after initial submission) the applicant’s agents submitted a Confidential “Financial Viability Report” which demonstrates that the proposed development will not generate any financial surplus from which to support the provision of any affordable housing, or other local infrastructure contributions under an appropriate S106 obligation. Officers had reservations about some aspects of that confidential document and commissioned a “due diligence” analysis of its contents from Savills (pending future appointment by the Council of a retained RICS qualified viability assessor). Savills conclusions are reported below. However, the applicant’s agents were also invited to explain their position in an attributable rather than confidential form – which are as follows:

“The costs of redeveloping the site for an alternative use (residential and retail) as is now proposed are significant due to the costs of decommissioning (removing fuel tanks etc) and decontamination amongst other things. Accordingly the financial viability of the scheme is marginal at best and the provision of 35% affordable housing and other planning obligation requirements make the scheme financially unviable such that the scheme, would not proceed and the associated benefits would be lost. Those benefits are as follows. In the absence of a convenience store in the village the proposal will assist in meeting local shopping needs and those of the wider catchment area who rely on Ancaster as a local service centre. The proposal will facilitate a more sustainable pattern of shopping which will reduce shopping trips, predominantly by cars to large out of centre stores further afield, and retain shoppers in Ancaster. In turn it is anticipated that this will result in an increased spend in existing shops within the village such as the butchers and the post office. The proposed retail unit will also facilitate the creation of circa 15 no. full time jobs. Due to the associated benefits of scheme the public consultation undertaken in respect of this proposal identified overwhelming support with 97.4% of local people attending the public exhibition confirming that they supported the proposals. A Financial Viability Report prepared on behalf of the applicant by Atlas Development Solutions has been submitted with the application. That Report is based on the Homes and Communities Agency Economic Appraisal Tool which is a tested and widely accepted method of assessing the financial viability of development schemes. It has also been assessed by Savills acting on behalf of the local planning authority who have similarly concluded that full provision of affordable housing and the payment of other planning obligation requirements in line with local policy would result in a negative residual land value (i.e. the development would make a loss).

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The Guidance on financial viability is clear that the Government are keen to encourage development to come forward, to provide more homes to meet a growing population and to promote construction and economic growth. It is recognised that economically unviable affordable housing requirements result in no development, no regeneration and no community benefit. The viability test provides for a competitive return to a willing developer and willing landowner and in this case that cannot be achieved and the wider scheme benefits realised if the scheme is required to provide 35% affordable housing and other planning obligation requirements”.

10.3.2 Savills conclusions regarding the submitted confidential Financial Viability Report are:

“The (proposed) scheme is not therefore viable at 35% (policy compliant affordable housing provision) but could support say 28.50% or four units plus the proposed Section 106 contributions. It should be noted that, as a purely residential scheme, I do not consider that it would be able to support any level of Section 106 obligations but the retail unit adds sufficient value to make the scheme viable. I would recommend that the Council enter into negotiations with ADS to discuss and test their inputs further. I consider that there has been an element of double counting in the approach and that there is scope to increase the GDV and lower the build costs based on the evidence available to me”. CIARA ARUNDEL BSc (Hons) FRICS - Director, Savills (UK) Ltd, FRICS Registered Valuer

10.3.3 Subject to confidentiality assurances as the Local Planning Authority, Members of the Committee

are at liberty to inspect both the applicant’s initial viability report and Savills analysis and conclusions regarding the applicant’s submission.

10.3.4 National Planning Policy Guidance (NPPG) on commercial viability provides detailed advice

about viability in decision making, including how to determine development costs and land values and makes it clear that in all cases the value of land should reflect policy requirements and Planning Obligations. That policy guidance provides detailed support to the overarching principles set out in the National Planning Policy Framework (NPPF).

10.3.5 On a site such as this, the presumption of both national and Core Strategy policy is that a

developer should be able to deliver at least part of the required affordable housing requirement, unless there is clear evidence that there are additional or exceptional development costs - which could not have been known about at the time the site was purchased or contracted.

10.3.6 In this case it is clearly important to consider how any affordable housing contribution would

affect the viability and deliverability of the development. 10.3.7 The NPPF in paragraph 205 states that:

“Where planning obligations are being sought, local planning authorities should take account of market conditions over time, and wherever appropriate, be sufficiently flexible to prevent planned development being stalled”.

10.3.8 The Government’s National Planning Practice Guidance gives the following advice on viability:

“Decision-taking on individual applications does not normally require consideration of viability. However, where the deliverability of the development may be compromised by the scale of planning obligations and other costs, a viability assessment may be necessary. This should be informed by the particular circumstances of the site and proposed development in question. Assessing the viability of a particular site requires more detailed analysis than at plan level.

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A site is viable if the value generated by its development exceeds the costs of developing it and also provides sufficient incentive for the land to come forward and the development to be undertaken”.

10.3.9 It then goes on to say:

“Where an applicant is able to demonstrate to the satisfaction of the local planning authority that the planning obligation would cause the development to be unviable, the local planning authority should be flexible in seeking planning obligations”.

10.3.10 However, on the subject of how to include the value of development land, National Planning Practice Guidance states (emboldening by Case Officer):

“Central to the consideration of viability is the assessment of land or site value. Land or site value will be an important input into the assessment. The most appropriate way to assess land or site value will vary from case to case but there are common principles which should be reflected. In all cases, land or site value should:

• reflect policy requirements and planning obligations and, where applicable, any

Community Infrastructure Levy charge;

• provide a competitive return to willing developers and land owners (including equity

resulting from those wanting to build their own homes); and

• be informed by comparable, market-based evidence wherever possible. Where transacted

bids are significantly above the market norm, they should not be used as part of this

exercise”.

10.3.11 This national advice does not address a situation in which the applicant does not yet own the application site, but merely has a contract to purchase on a “subject to receipt of satisfactory planning permission” – or similar contractual basis. (The application forms make clear that the applicant does not yet own the application site).

10.3.12 In this case officers have sought the advice of a highly reputable external viability consultant to

confirm whether or not the full level of affordable housing or any reduced number of affordable homes would make development of this site unviable. That consultant’s closely reasoned conclusion is that the proposed development would be marginally viable if four affordable homes were to be provided. The Case Officer is negotiating with the applicant’s own viability consultant to achieve that objective. An additional items paper will be presented to this Committee reporting on the outcome of those negotiations, and possibly with an amended recommendation.

10.4 Design, and impact on Form and Character of the Area 10.4.1 The proposed residential density generally reflects that of adjacent residential development and

apart from the access, the development would be largely screened from public view and would not be visually intrusive. The house types and general design are as yet unknown as an outline application. However, given that the site is substantially lower than its residential neighbours (around 1.2 metres), there does not appear to be any obvious reason to expect any objectionable overlooking or other threat to neighbourly interests. Car parking is capable of being increased to 2 car spaces per home within such a more detailed design. The demolition of the former garage buildings and their former use to create the new development would be an overall enhancement to the locality.

10.4.2 The proposed convenience store would be entirely modern in character, and makes no attempt at

historical or local “pastiche” design. Given that the site is well to the north of the Ancaster Conservation Area and the essentially modern and brick built character of surrounding homes, it would be inappropriate to seek any attempt at an “historical” approach to its design. Any design approach entailing a pitched roof would also increase the height of the building and so its potential for overshadowing or imposing on the pre-existing homes and gardens adjacent to its north – fronting West View. (Note that the Ancaster Parish Council do not share this view). On that issue of the building’s “style”, paragraph 60 of the NPPF states as national policy:

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“Planning policies and decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness”

10.4.3 Unlike the Ancaster Conservation Area to the south, the application site and its close surroundings do not have any particular local distinctiveness. The proposed convenience store is too small to serve as a “main shop” destination involving lengthy customer visits. In that light the provision of 17 dedicated car spaces for customers and employees may well be excessive, as it equates with one space per 11 sq metres of retail floor space. Such a high rate of parking provision is normally seen only at long stay retail locations such as Department Stores. The servicing facilities are configured by amended plans to enable servicing vehicles to safely enter and leave Ermine Street in a forward gear. The retained boundary hedge would serve to protect adjacent homes from any unreasonable disturbance – given that those gardens are around 1.2 metres higher and separated by the carriageway of West View than levels within the area of any loading or unloading activities. Taking the above into account the development is appropriate and would not adversely affect the form and character of the area. Conditions would be imposed regarding the retention/protection of existing boundary hedges and the provision of screen brick walls to safeguard neighbourly interests.

10.5 Highways Matters 10.5.1 The development would be accessed by an altogether new road entrance from Ermine Street,

serving the proposed Coop on its right hand side and then the proposed homes and gardens to the rear. There is good forward visibility in both directions to the north and south and adequate parking and manoeuvring space within the site. The Highway Authority have considered pedestrian safety concerns raised by Ancaster PC and are unable to accept those points. Some of the conditions requested by the PC run counter to advice on the use of conditions in DCLG Circular 11/95 and the NPPF. Any off-site road or pavement alterations that might be required by a S278 agreement would also aggravate the non-viability of the proposed development. The Highways Authority does not object, subject to appropriate conditions. The development is therefore acceptable in highways terms.

10.6 Contamination 10.6.1 The previous garage use on the adjacent site will have led to contamination from underground

tanks etc. Any permission on that site would be subject to conditions to ensure that contamination is adequately dealt with.

10.7 Conclusion 10.7.1 The proposed residential development in outline only is a modest reuse of previously developed

land within a sustainable Local Service Centre, is of appropriate design and layout and, subject to the submission of satisfactory future reserved matters is supportable – subject to acceptance of the applicant’s assertions regarding viability and hence the absence of any affordable housing whatsoever. The proposed convenience store is of small scale and, since the closure of the former Village Store to the south, would be an economic and social asset to Ancaster and its wider locality. It and its parking and servicing arrangements are (arguably) acceptable.

10.7.2 Accordingly, and informed by both the applicant’s and the Council’s respective viability

consultants, this application is recommended for refusal of planning permission as set out below. 11.0 Crime and Disorder 11.1 It is considered that the proposals would not result in any significant crime and disorder

implications.

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12.0 Human Rights Implications 13.1 Articles 6 (Right to fair decision making) and Article 8 (Right to private family life and home) of the

Human Rights Act have been taken into account in making this recommendation. 12.2 It is considered that no relevant Article of that act will be breached. 13.0 SUMMARY OF REASON FOR REFUSAL (subject to an additional items paper) 13.1 The proposed mixed use development including fourteen homes and a convenience store, fails to

make any appropriate and acceptable contribution towards the provision of local affordable housing provision for which there is a demonstrable and documented local need. It is therefore contrary to paragraph 50 of the National planning Policy Framework; Policy H3 of the South Kesteven Core Strategy (July 2010) and, the South Kesteven Planning Obligations SPD (June 2012).

14.0 RECOMMENDATION: That the development be refused planning permission. Site Layout Plan

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Retail Element

Vehicle Swept Paths for Deliveries to Retail Element

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Site Sections

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LDPP1 S14/1921/HSH Target Decision Date: Committee Date:

26-Sep-2014 06-Jan-2015

Applicant Ken Smithers Stone Lodge, 33A, Newton Way, Woolsthorpe by Colsterworth, Grantham, NG33 5NR

Agent

Proposal Erection of outbuilding and terracing of garden

Location 33A, Newton Way, Woolsthorpe-by-Colstherworth, Grantham, Lincs, NG33 5NR

App Type Householder Development

Parish(es) Colsterworth


This application has been referred to the committee by the Authorised Officer as the application is considered to be locally controversial.


Key Issues

• Impact on Conservation Area

• Impact on occupants of neighbouring dwellings Technical Documents Submitted with the Application

• Site Location Plan

• Elevations of terracing, site sections and block plan

• Elevations and floor plan of outbuilding.

• Design and Access Statement

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REPORT 1.0 Application Category 1.1 This application is categorised as Householder application. 2.0 Reason for Referral to Committee 2.1 This application has been referred to the committee by the Authorised Officer as the application

is considered to be locally controversial. 3.0 The Proposal 3.1 Planning permission is sought by the occupier of 33A Newton Way for the erection of an

outbuilding and terracing of garden. The outbuilding measures 2.6 metres in height at its highest point and is 7.3 metres in length with a width of 3.0 metres. The outbuilding is divided into two parts one part to be used as a domestic dog kennel and the other a garden shed.

3.2 The terracing of the garden area involves the erection of retaining walls, faced in stone and

surrounded by 1.5 metre timber fencing, to enclose an irregular shaped area between the outbuilding and the adjacent bungalow, Brooke Place.

3.3 Whilst it is acknowledged that the bungalow known as Brooke Place is currently occupied by a

family member of 33A Newton Way, this is not a material consideration for the proposal and screening is provided to separate the two plots and protect the amenity of both existing and future occupants of both sites.

3.4 Close boarded timber fencing has been erected along the site boundaries along Water Lane but

this is to be reduced in height so that it comes within permitted development limits and does not form part of the current application.

4.0 The Application Site and its Surroundings 4.1 The application property is located in an elevated position within a relatively large plot on gently

sloping land on the northern side of Water Lane, a narrow thoroughfare on the southern edge of the village.

4.2 The site is occupied by a detached bungalow of buff brick construction and is within the

Woolsthorpe by Colsterworth Conservation Area. It is also some 50 metres to the west of the group of listed buildings comprising Woolsthorpe Manor, the birthplace of Isaac Newton.

4.3 Due to the nature of the works and there being a dwelling between the application site and the

Manor the site has not been advertised as affecting the setting of a Listed Building. 4.4 The proposed outbuilding and part of the terracing is built on land that has been subdivided from

the adjacent bungalow. There is no change of use required as both parts of the land are within the same ownership and are classed as domestic garden land.

5.0 Relevant Site History 5.1 S04/1092 Erection of bungalow. Approved conditionally October 2004. 5.2 S14/2275 Prior Approval Notification for works to trees. Allowed September 2014.

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6.0 Policy Considerations 6.1 Planning legislation requires that applications for planning permission must be determined in

accordance with the development plan, unless material considerations indicate otherwise. Relevant national and local policies in respect of the proposed development are as follows:

6.2 National Planning Policy Framework: 6.2.1 Section 7 – Requiring good design requires new development to be of high quality design which

is appropriate for the character of the area and the way it functions.

6.2.2 Section 12: Conserving and enhancing the historic environment requires development to make a positive contribution to local character and distinctiveness.

6.2.3 The NPPF (March 2012) contains current government guidance on the conservation and

enhancement of the historic environment. Paragraph 132 of the NPPF states that “When considering the impact of a proposed development on the significance of a heritage asset, great weight should be given to the asset’s conservation.

6.3 South Kesteven District Council Core Strategy 2010: 6.3.1 Policy EN1: Protection and Enhancement of the Character of the District – Development must be

appropriate to the character and significant natural, historic and cultural attributes and features of the landscape within which it is situated, and contribute to its conservation, enhancement or restoration.

6.4 PPS 5 Planning for the Historic Environment Practice Guide 6.4.1 The PPS5 Planning for the Historic Environment Practice Guide published by English Heritage

(March 2010) pre-dates the NPPF but nonetheless remains, for the time being, a material consideration in determining applications, until such time as it is replaced. It provides the following advice by reference to the policies in the now cancelled PPS5.

6.4.2 Policy HE9, confirms that the significance of a designated heritage asset can be harmed or lost

through development affecting its setting and which sets out the basis on which local planning authorities should weigh the public benefit of a proposal against the harm, whether substantial or less than substantial, including through development affecting setting.

6.4.3 Policy HE10, obliges local planning authorities to treat favourably applications that preserve

elements of setting that make a positive contribution to, or better reveal, the significance of the heritage assets and to identify opportunities for changes in the setting that would enhance or better reveal significance.








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• Reduce fuel poverty 7.6 It is considered that the proposed development supports good housing for all. 8.0 Representations Received 8.1 Colsterworth and District Parish Council:

SKDC Planning must ensure that they fully investigate the issues raised by the local residents who have contacted you directly. The parish council trusts that SKDC Planning ensure that the building and landscaping works being carried out are: a) Meet planning regulations compliant with the plans submitted b) Compliant with the Colsterworth Conservation Area document 1997 It is important that the local character of the hamlet of Woolsthorpe by Colsterworth is maintained.

8.2 Local Highway Authority: Does not wish to restrict the grant of permission, it is considered by the Highway Authority that the proposed development will not be detrimental to highway safety or traffic capacity.

8.3 Environmental Protection: Request that a condition is applied that the outbuilding is for domestic use only to protect neighbouring properties.

9.0 Representations as a Result of Publicity 9.1 The application has been advertised in accordance with the Council’s Adopted Statement of

Community Involvement and six letters of representation have been received from local residents, some residents have commented more than once. The comments made are summarised below:

• Impact on Conservation Area and Woolsthorpe Manner

• Removal of Hedges and replacement fencing not in accordance with Character Appraisal for Woolsthorpe by Colsterworth Conservation Area

• Works have commenced on site

• Additional opening not shown on the submitted plans

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• Not advertised correctly. 10.0 Officer Evaluation 10.1 Main Issues for consideration are

• Impact on surrounding Conservation Area

• Residential amenities

10.2 Impact on Conservation Area 10.2.1 The proposed outbuilding is located in the north-west corner of the site. It is constructed of stone

and will have a pantile roof covering, the retaining walls forming the terracing of the garden are also faced in stone. Stone and pantiles are a common material of buildings in the Conservation Area, so the outbuilding will not have an adverse impact on the character or appearance of designated Area nor will it affect the setting of Woolsthorpe Manor.

10.2.2 There has been objection from local residents with regard to the impact on Heritage assets.

However, notwithstanding the concerns of the objectors, it is considered on balance that the use of materials found within the existing streetscene reduces the potential impacts of the development and would therefore preserve the character and appearance of the surrounding conservation area.

10.2.3 This coupled with the distance to Woolsthorpe Manor is approximately 50 metres away, there is

no common boundary between Woolsthorpe Manor and the application site and there is an existing dwelling between the two sites. It is considered that there is sufficient separation distance to Woolsthorpe manor coupled with the nature of the works for there to be no detrimental impact on the listed buildings.

10.2.4 The terracing of the garden and the erection of retaining walls, faced in stone and surmounted by

1.5 metre timber fencing, to enclose an irregular shaped area between the outbuilding and the bungalow, again should also not have an adverse impact on the designated Area or setting of Woolsthorpe Manor mainly due to the use of sympathetic materials and the limited extent of the works.

10.2.5 Whilst the site does not appear visually pleasing at the moment, this is inevitable whilst works are

being carried out. It should be noted that there are properties within closer proximity to Woolsthorpe Manor, that also have retaining walls to level out areas of the plot.

10.3 Residential Amenity 10.3.1 There is existing boundary treatments in place around the boundary of the western elevation that

screen the majority of the outbuilding and all of the garden area from the neighbouring dwelling ensuring that the proposal does not overlook any nearby residential private amenity space. Whilst this fencing is to be reduced in height to be permitted development the fencing will still offer an appropriate level of screening.

10.3.2 Whilst located adjacent to the boundary of the site there is sufficient separation distance to the

nearly neighbouring property Number 39 Newton Way, this coupled with the double skin brick lining of the building ensures that the occupants of neighbouring dwellings are not significantly affected by potential noise. Environmental Protection has been consulted on the application and has requested a condition ensuring the building is used for domestic purposes.

10.4 Other Matters raised by members of the public 10.4.1 Removal of Hedges not in accordance with Character Appraisal for Woolsthorpe by Colsterworth

Conservation Area.

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Whilst it is the preference to have natural boarders around a site within a Conservation Area the Local Planning Authority has no powers to retain a hedgerow solely because it is located within a Conservation Area, the removal of a hedgerow does not trigger the requirement for a notification like Trees do, nor can it be considered as notification under the Hedgerow Regulation 1997, due to its location within a built-up residential area. As such the Local Planning Authority has no power to require their retention.

10.4.2 Replacement fencing Whilst it is acknowledged that the existing replacement fence is above 2 metres in height at

points, the fencing is to be lowered to 2 metres. Once this fence has been lowered in height the fence would be considered as Permitted Development under Class A, Part 2, Schedule 2 of the Town and Country Planning General Permitted Development) Order 1995 planning permission would not be required.

10.4.3 Works have commenced on site The current planning regime allows for applications for planning permission to be determined

retrospectively once work has commenced. They must be assessed on their own merits the same as if works had not commenced. The applicant has been made aware of this and advised that if planning permission is not forthcoming the works he has undertaken would be abortive and may have to be removed with any works undertaken at the owner’s risk.

10.4.4 Additional opening not shown on the submitted plans

Revised plans have been submitted showing the additional opening. These have been circulated to members of the public for comment in accordance with our statement of community involvement.

10.4.5 Advertisement of application

The site notice was replaced on two separate occasions and an additional notice put up once amended plans were received. As such the Local Planning Authority have met the requirement of the statement of community involvement.

11.0 Section 106 Heads of Terms 11.1 A Section 106 Agreement is not required in this instance. 12.0 Crime and Disorder 12.1 The proposed development raises not significant crime and disorder implications. 13.0 Human Rights Implications 13.1 Articles 6 (Right to fair decision making) and Article 8 (Right to private family life and home) of the

Human Rights Act have been taken into account in making this recommendation. 13.2 It is considered that no relevant Article of that act will be breached. 14.0 Conclusion 14.1 The outbuilding and terracing of the garden is considered appropriate in the context of this

residential area, with appropriate screening in place to ensure no overlooking of neighbouring private amenity space occurs. The development comprised of materials found within the immediate street scene ensures there is no detrimental impact and preserves the surrounding Conservation Area and is well screened by the existing boundary treatment around the site.

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14.2 Whilst concerns have been raised over the potential impact on the setting of heritage assets. However it is considered that the proposal by way of using appropriate materials has successfully mitigated against these negative impacts and will, on balance, have a positive impact on the area and preserve the historic character.

14.3 As such they are not considered to outweigh the policies referred to in this report accordingly, for

the reasons set out above, this application is recommended for approval subject to appropriate conditions.

15.0 SUMMARY OF REASON(S) FOR APPROVAL 15.1 Having regard to the scale, siting, design and materials of the outbuildings and terracing of the

garden, the proposal does not significantly detract from the general character of the area. The choice of materials proposed ensure that the Conservation Area and Heritage Assets are preserved.

15.2 The proposals do not adversely impact on the amenities of the occupants of the surrounding

residential dwellings in terms of loss of light or overlooking. As such the proposal complies with Core Strategy Policy EN1 and relevant guidance contained within Policies 7 - Requiring Good Design and 12 - Conserving and Enhancing the Historic Environment of the National Planning Policy Framework.

15.3 Whilst concerns have been raised in relation to visual amenity and impact upon heritage assets,

they are not considered to outweigh the policies referred to above. 15.4 The Local Planning Authority has worked in a positive and proactive manner by determining the

application without undue delay. As such, it is considered that the decision is in accordance with paragraphs 186-187 of the National Planning Policy Framework.

16.0 RECOMMENDATION: That the development be Approved subject to condition(s)

1. The development hereby permitted shall be carried out in accordance with the following list of approved plans submitted as part of the application: Site location plan drawing 001-LOP revision T02 received 29-10-2014 Terracing elevation, site section and block plan drawing 003-F&E revision T04 received 05-12-2014 Elevation and Floor Plan of outbuilding drawing 004-F&E revision T04 received 05-12-2014 Reason: To define the permission and for the avoidance of doubt.

2. The boundary treatment along the eastern elevation of the terracing adjacent to Brooke Place, Water Lane, Woolsthorpe by Colsterworth as shown on the approved terracing elevation drawing number 003 Revision T04 received 05-12-2014, shall be completed within 28 days of the date of this permission. Unless otherwise agreed in writing by the local planning authority. Once constructed this boundary treatment shall remain in situ unless otherwise agreed in writing by the Local Planning Authority. Reason: To provide a satisfactory appearance by screening the application site and the neighbouring dwelling and in the interests of the privacy and amenity of the occupants of the existing dwellings and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy

3. The outbuilding hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as 33A Newton Way, Woolsthorpe by Colsterworth, Grantham. It shall not be used for any commercial activity unless otherwise agreed in writing by the local planning authority.

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Reason: The establishment of a further independent dwelling or commercial operation on this site would give rise to conditions detrimental to the amenities and privacy of both the existing dwelling and proposed accommodation.

Note(s) to Applicant

1. You are advised that the application site falls within an area affected by Radon. You are asked to contact the Council’s Building Control section (telephone number 01476 406187) to ascertain the level of protection required and whether a geological assessment is necessary.

2. This permission shall not be construed as granting rights to development on, under or over land not in the control of the applicant.

3. The attached planning permission is for development which will involve building up to, or close to, the boundary of the site. Your attention is drawn to the fact that, if you should need access to neighbouring land in another ownership in order to facilitate the construction of the building and its future maintenance, you are advised to obtain permission from the owner of such land for such access before work is commenced.

4. Please note that this grant of planning permission does not override any civil legal matters relating to the Party Wall etc Act or legal covenants, issues on which you should seek independent legal advice.

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Site Location Plan

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Elevations of Terracing, Site Sections and Block Plan

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Elevations and Floor plans of outbuilding

* * * * *

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JJ1 S14/2517/MJNF Target Decision Date:

Committee Date: 08-Jan-2015 06-Jan-2015

Applicant Mr D Pennell, Burghley House Preservation Trust Ltd C/O Agent

Agent Mark Flood, Insight Town Planning Limited Brynteg, Cilcennin, Lampeter, Ceredigion, SA48 8RR

Proposal Section 73 application to vary conditions relating to application S13/1824

Location Land west of, Ryhall Road, Stamford

App Type Major Full (Non-residential)

Parish(es) Stamford


The application has been referred to the Development Control Committee as it is considered to be locally significant and requires a Section 106 Agreement to be entered into.


Key Issues

• Highway Safety

• Visual Impact

• Noise

• Residential amenity

• Drainage

• Light pollution Technical Documents Submitted with the Application

• Application form

• Application letter

• Amended drawings including site layout and elevational plans

• Travel Plan

• Update to noise assessment

• Lighting plans

• Community use plan

44b

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REPORT 1.0 Application Category 1.1 This application is categorised as a ‘major’ application 2.0 Reason for Referral to Committee 2.1 The application has been referred to the Development Control Committee as it is considered to

be locally significant and requires a Section 106 Agreement to be entered into. 3.0 The Proposal 3.1 This is a Section 73 application to vary the wording of conditions 12, 25, 28 and 32 of application

S13/1824 to allow for the following amendments:

• Alterations to the location of the acoustic bund located to the south of the site.

• Alterations to the location of the motorcycle parking provision and minor changes to the car parking area.

• Alterations to the position of the turnstiles.

• Minor amendments to the stand details. 4.0 The Application Site and its Surroundings 4.1 The application site is located on the northern outskirts of Stamford, approximately 1km from the

town centre. The site is located to the west of Ryhall Road on an area of agricultural land to the south of Borderville Farm. The site area measures approximately 6.5 hectares. Directly to the south of the application site lies residential development. Directly to the west of the application site lies an agricultural field with the Queen Eleanor Technical College beyond.

4.2 The topography of the site is such that the land slopes down in to a low point close to the location

of the proposed new access on to Ryhall Road. 5.0 Relevant Site History 5.1 S11/2288 - Outline planning permission for development of football stadium with capacity for

1500 spectators, with associated infrastructure and facilities to include multi-use training pitch, clubhouse and function rooms, and ancillary office/administration space. Provision of car and coach parking area with additional use for car boot sales up to 40 days in any calendar year. Creation of new means of access from Ryhall Road with associated highways alterations - 28th December 2012

5.2 S13/0260 – Full planning permission for the provision of a football ground, training pitch, sports

and education building and associated access, car parking, car boot sales and landscaping was approved on 14 June 2013.

5.3 S13-1824 – In December 2013 planning permission was granted to vary the wording of

conditions 27 & 30 of S13/0260 relating to access improvements. 6.0 Policy Considerations

National Planning Policy Framework: 6.1 1. Building a strong, competitive economy

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(paras 18 -22) – Emphasises the government’s commitment to economic growth and that the planning system should encourage economic growth rather than be an impediment to it. Local planning authorities should plan proactively to meet the development needs of business and business investment should not be overburdened by planning policy expectations.

6.1.2 4. Promoting sustainable transport

(paras 29-30, 34-35, 37-39) – support development in sustainable locations which maximises the opportunities for safe access by public transport, walking and cycling, whilst recognising the different solutions that will be necessary in urban and rural areas.

6.1.3 7. Requiring good design

(paras 56, 58, 60, 64) – Requires new development to be of high quality design which is appropriate for the character of the area and the way it functions and makes use of all available opportunities to enhance it. Whilst local distinctiveness is encouraged, planning decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative. It is emphasised that good design goes beyond the visual appearance of individual buildings and includes among other things, connections between people and places, and integration with the historic, built and natural environment. Planning permission should be refused for developments which are considered to be of poor design.

6.1.4 8. Promoting healthy communities

(para 69) – The planning system can play an important role in facilitating social interaction and creating healthy, inclusive communities. Planning policies should promote safe and accessible environments where crime and disorder, and the fear of crime do not undermine quality of life or community cohesion.

It also promotes safe and accessible developments, containing clear and legible pedestrian routes and high quality public space which encourage the active and continual use of public areas.

6.1.5 10. Meeting the challenge of climate change, flooding and coastal change

(paras 93) – Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure. This is central to the economic, social and environmental dimensions of sustainable development.

(Para 100) – Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, it should be made safe without increasing flood risk elsewhere.

6.1.6 11. Conserving and enhancing the natural environment

(paras 109, 111, 118, 120-121, 123) – The planning system should contribute to and enhance the natural and local environment by amongst other things protecting and enhancing valued landscapes, recognising the wider benefits of ecosystem services, minimise impacts on biodiversity and prevent both existing and new development from contributing to or being put at risk from unacceptable soil, air, water or noise pollution.

Local planning authorities should take into account the economic and other benefits of the best and most versatile agricultural land. Where significant development of agricultural land is demonstrated to be necessary, local authorities should seek to use areas of poorer quality land in preference to that of a higher quality.

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6.1.7 12. Conserving and enhancing the historic environment

(paras 128-129, 131-132) – Requires local planning authorities to take into account the significance of any heritage assets affected and the impact on their settings. If harm is identified the relevant tests should be applied. The desirability of development providing an enhancement to the historic environment is also emphasised.

In determining planning applications, local planning authorities should take account of:

• the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation;

• the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and

• the desirability of new development making a positive contribution to local character and distinctiveness.

When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional.

6.2 South Kesteven District Council Core Strategy 2010: 6.2.1 Policy SP1: Spatial Strategy

Guides major development to Grantham and supports new development which helps to maintain the three market towns of Stamford Bourne and the Deepings.

In addition this policy supports new developments in sustainable locations including allocated sites within local service centres (LSCs)

6.2.2 Policy SP3: Sustainable integrated transport

This policy directs developments to locations which encourage greater use of public transport, walking and cycling to access facilities.

6.2.3 Policy SP4 – Developer Contributions

The Council will enter into planning obligations with developers to secure the provision of (or financial contributions towards) infrastructure and community benefits which the Council considers are necessary in conjunction with development.

Planning obligations will cover those matters which would otherwise result in planning permission being withheld and should enhance the overall quality of a development.

6.2.4 Policy EN1: Protection and Enhancement of the Character of the District

Requires that development must be appropriate to the character and significant natural, historic and cultural attributes and features of the landscape within which it is situated, and contribute to its conservation, enhancement or restoration.

6.2.5 Policy EN2: Reducing the Risk of Flooding

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Directs development away from areas identified in the South Kesteven Strategic Flood Risk Assessment and seeks to ensure that adequate drainage and flood risk mitigation is put in place for new development

6.2.6 Policy EN4: Sustainable construction and design

Proposals for new development should consider and demonstrate how the design of buildings and site layout use energy, water minerals, materials and other natural resources appropriately, efficiently and with care and take account of the effects of climate change.

6.2.7 E1: Employment Development

This policy guides development proposals for employment to allocated sites within Grantham, Stamford, Bourne and the Deepings whilst seeking to retain and enhance existing areas of employment use.

In rural areas new employment development that meets a local need will generally be supported within local service centres, providing that the proposals will not have an adverse impact on the character and setting of the village, or negatively impact on neighbouring land uses through visual, noise, traffic or pollution impacts.
























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7.6 The proposed development supports all of the Council’s corporate policies with the exception of supporting good housing for all, which is not relevant to this proposal.

8.0 Representations Received 8.1 Stamford Town Council:

No objections subject to neighbours’ amenities being respected. 8.2 Ryhall Parish Council:

No objections 8.3 Sport England:

No objections 8.4 Local Highway Authority:

No comments to make as the proposals do not significantly affect the access arrangements. 8.5 Heritage Lincolnshire:

No objections 8.6 Environment Agency:

No objections 8.7 Welland & Deeping IDB:

No comments 8.8 Environmental Protection: 9.0 Representations as a Result of Publicity 9.1 The application has been advertised in accordance with the Council’s Statement of Community

Involvement and 13 letters of representation have been received (some residents have submitted more than one letter). The comments made can be summarised as follows:

• Loss of privacy from people walking on top of the acoustic bund,

• Concerns about people view matches from public areas outside of the ground,

• Concerns about light pollution from the floodlights,

• The bund should be moved to the originally approved position,

• Visual intrusion

• Bund and footpath link would encourage anti-social behaviour

• Inadequate car parking, lead to on-street parking

• Impact upon highway safety and traffic congestion

• Has the wider use of the building been taken into account when assessing noise and traffic impacts from the development?

• No mention of developing existing football club site which should have been considered,

• Impact on heritage and archaeological assets,

• The bund is dominant and oppressive,

• The bund should be lowered by 4 metres

• Concerns about the location of the proposed footpath and impact on security and privacy,

10.0 Officer Evaluation 10.1 The key issues in the determination of this application are Landscape/Visual Amenity, Lighting,

Highway Safety, Noise, Ecology/Wildlife and Drainage / Flood Risk and Sustainable Development.

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10.1.2 It is important to note that planning permission was granted for a similar development in under application S13/1824 in December 2013. The principle of this development has therefore already been established and this application seeks to vary a number of conditions to regularise differences between the already approved plans and the development as built.

10.1.3 The main changes can be summarised as follows:

• Alterations to the location of the acoustic bund located to the south of the site.

• Alterations to the location of the motorcycle parking provision and minor changes to the car parking area.

• Alterations to the position of the Turnstiles.

• Minor amendments to the stand details. 10.2 Landscape/Visual Amenity 10.2.1 The proposed changes to the scheme including the alterations to the position of the acoustic

bund are not considered to significantly alter the impact that the development has on the visual amenity of the surrounding area. The re-contouring of the acoustic bund has meant that it has moved closer to the adjacent residential properties, with the base been located approximately 25m from the northern boundary of the properties located to the south of the site. It is considered that the proposed change does not result in any significant greater impact and that the scheme as built is acceptable and complies with all of the relevant national and local plan policies.

10.3 Lighting 10.3.1 The proposed floodlighting has not changed from that previously approved. It has always been

accepted that there will be some impact from floodlighting of the pitches and car parking. The applicants have submitted a floodlighting design which indicates that light spillage and pollution can be minimised by the layout and design of the lighting. The impacts from the lighting can also be suitably mitigated through the imposition of conditions restricting the hours of use of the floodlights so that they are not switched on between the hours of 22:30 and 07:30 hours.

10.3.2 The Council’s Environmental Health Officer has raised no objections to the floodlighting subject

to the attached conditions 10.4 Highway Safety 10.4.1 The proposed changes do not significantly alter the access and parking arrangements as

previously approved. There is a slight change to the car parking with the motorcycle parking moved towards the North West corner of the car park. The Local Highway Authority has raised no objections to the proposed change.

10.5 Noise 10.5.1 An updated assessment has been undertaken to assess the impacts of the proposed changes to

the profile of the acoustic bund. This has concluded that the bund will be approximately 1dB less effective than the originally proposed bund. It is generally accepted that a change of 3 dB(A) is the minimum perceptible under normal conditions. The Council’s Environmental Protection Team has therefore raised no objections to the proposal.

10.6 Drainage/Flood Risk 10.6.1 The Environment Agency has been consulted and has raised no objections to the proposed

development. 10.7 Other Issues 10.7.1 Concerns have been raised in relation to the potential impact on archaeological remains.

Heritage Lincolnshire has been consulted and advised that they have no objections to the

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proposed development although a condition is recommended requiring a scheme of works detailing measures to mitigate the impacts of the development on archaeological remains.

11.0 Section 106 Heads of Terms 11.1 A Section 106 Agreement will be required in order to ensure that the same obligations required in

relation to application S13/1824 are applied again. The requirements are summarised below:

- The Local Highway Authority has requested a Section 106 contribution of £3,500 towards the administration, advertisement, consultation and implementation for alterations to the existing traffic regulation orders adjacent to the development.

- In addition Rutland County Council Highways has requested a contribution of £10,000

towards traffic calming in Essendine and control the dispersion of deleterious material onto the highway at the site.

- The S106 Agreement shall also link the development to residential development and

affordable housing developments approved under application S11/2283 and S11/2300 in order to ensure that the football stadium is constructed and operational before any development takes place on the existing football ground site on Kettering Road.

12.0 Crime and Disorder 12.1 The proposed development raises no significant crime and disorder implications. 13.0 Human Rights Implications 13.1 Articles 6 (Right to fair decision making) and Article 8 (Right to private family life and home) of the

Human Rights Act have been taken into account in making this recommendation. 13.2 It is considered that no relevant Article of that act will be breached. 14.0 Conclusion 14.1 The proposed changes do not significantly alter the scheme from that previously approved under

application S13/1824. The most significant change relates to the acoustic bund and the Council’s Environmental Health Officer has raised no objections to the change in the bunds profiling. It is therefore recommended that the application be approved.

15.0 SUMMARY OF REASON(S) FOR APPROVAL 15.1 This is a Section 73 application to vary the wording of conditions 12, 25, 28 and 32 of application

S13/1824 to amend the development to ensure that the development as constructed complies with the approved plans.

15.2 Concerns have been raised in relation to highway safety. The local highway authority has been

consulted and raised no objections to the development subject to the attached conditions. Concerns were also raised in relation to the appearance of the proposed development, the potential impact on ecology and wildlife, light pollution, noise and disturbance, drainage and that the development would have a detrimental impact on residential amenity. Whilst these issues are material planning considerations it is considered that subject to the conditions attached to this permission they do not outweigh the principal policies referred to above.

15.3 Development of the site for use as a football stadium, sports teaching building and for the use of

the car parking for car boot sales is in general accordance with the guidance set out in Sections

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1, 4, 7, 8, 10, 11 and 12 of the National Planning Policy Framework and in accordance with policies SP1, SP3, SP4, EN1, EN2, EN4, and E1 of the adopted South Kesteven Core Strategy 2010.

15.4 In reaching the decision the Council has worked with the applicant in a positive and proactive

manner by determining the application without undue delay. As such it is considered that the decision is in accordance with paras 186 -187 of the National Planning Policy Framework.

RECOMMENDATION: That the development be Approved subject to condition(s)

1. The development hereby permitted shall be commenced within 3 years of the original grant of planning permission under application S13/0260, which was approved on 14 June 2013. Reason: To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.

2. The floodlighting columns shall be a maximum of 15m high and built in accordance with the details received on 2 September 2014. Reason: To enable the Local Planning Authority to retain control over this important detail in the interests of the amenities of the area and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

3. Bat and bird boxes shall be sited within the development in accordance with the details setout on drawings (08)031 Rev A00 and (08)032 Rev A00 received on 26 July 2013. The bat and bird boxes shall be installed prior to the completion of the development and maintained thereafter. Reason: To encourage additional biodiversity within the development in accordance with policy EN1 of the adopted South Kesteven core Strategy 2010.

4. The development shall be undertaken in accordance with the written scheme of investigation for archaeological work prepared by the University of Leicester Archaeological Services receieved on 12 July 2013. Reason: In order to provide a reasonable opportunity to record the history of the site and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

5. All hard and soft landscape works shall be carried out in accordance with the approved details.

The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the local planning authority. Reason: Hard and soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

6. A landscape management plan, including long term design objectives, management

responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved by the local planning authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved. Reason: Hard and soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

7. All existing trees and hedgerows to be retained as part of the development shall be fenced off to

the limit of their branch spread, in accordance with the tree protection measures detailed on drawing (08) 028 Rev A00 received on 19 July 2013. All tree works shall be carried out in

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accordance with the requirements of British Standard 3998 2010 and where trees are to be protected this shall in accordance with the requirements of British Standard 5837 2012. Reason: To prevent unnecessary damage to existing trees and hedgerows and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

8. The development hereby approved shall be carried out in accordance with the scheme for

remedial works and measures to be undertaken to avoid risk from contaminants and/or gases when the site is developed and the proposals for future maintenance and monitoring as set out in the information received on 15 October 2013. Reason: The submitted Preliminary Investigation Report undertaken by Soiltechnics indicated a potential for ground gases and to ensure that the proposed site investigations and remediation will not cause pollution in the interests of the amenities of the future residents and users of the development; and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010) and the requirements of the National Planning Policy Framework (NPPF)

9. Within 3 months of the date of this permission precise details shall be submitted to and agreed in

writing by the local planning authority showing the provision of a footpath linking the development hereby approved to the existing footpath located to the west of the application site running along the eastern boundary of Queen Eleanor School and linking in to Kesteven Road. The proposed footpath shall then be provided within 3 months of the details being approved in writing by the local planning authority and maintained available thereafter. Reason: To ensure satisfactory pedestrian access to the site in the interests of sustainability, in accordance with policy SP3 of the adopted South Kesteven Core Strategy 2010.

10. The pitches and buildings hereby approved shall be constructed in accordance with the levels and finished floor levels specified on drawing number (08)008 Rev A01. Reason: For the avoidance of doubt and to ensure that the development is assimilated into the surrounding landscape in accordance with Policy EN1 of the adopted South Kesteven Core Strategy 2010.

11. Within four weeks of the date of this approval a detailed surface water drainage scheme shall be submitted to, and approved in writing by, the local planning authority. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme or within any other period as may subsequently be agreed, in writing, by the local planning authority. Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

12. The sports building (including sports hall, changing rooms and fitness suite) hereby permitted

shall not be constructed other than substantially in accordance with Sport England's Technical Design Guidance Note 'Sports halls: design and layouts design guide February 2012' Reason: To ensure the development is fit for purpose and sustainable and to accord with the requirements of National Planning Policy Framework.

13. The development hereby approved shall be only be used in accordance with the Community Use

Agreement received on 2 September 2014. Reason: To secure well managed safe community access to the sports facilities to ensure sufficient benefit to the development of sport and to accord with the requirements of the National Planning Policy Framework.

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14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order amending, revoking or re-enacting that order), no buildings, moveable structures, works, plant, machinery, access, storage of vehicles (including car parking), equipment or materials or other use in connection with events or temporary uses shall be permitted or take place on the grass or artificial turf pitches. Reason: To protect playing fields from damage, loss or availability of use and to accord with the requirements of the National Planning Policy Framework.

15. The development hereby permitted shall be fully implemented and operated at all times in

accordance with Noise Management Plan scheme received 29 August 2013. Reason: To ensure that the development does not adversely impact on the residential amenity of the occupiers of nearby properties in accordance with Policy EN1 of the adopted South Kesteven Core Strategy 2010.

16. No external generators shall be used on site in connection with the car boot sales, unless

otherwise agreed in writing by the local planning authority. Reason: To ensure that the development does not resulting in noise and disturbance to the occupiers of the adjacent residential properties and in accordance with policy EN1 of the adopted South Kesteven Core Strategy.

17. The car boot sales hereby approved shall not take place outside the hours of 06:30 to 17:00.

Reason: Operation of the use outside these hours would result in unacceptable levels of noise nuisance to local residents, in accordance with policy EN1 of the adopted South Kesteven Core Strategy and the requirements of the National Planning Policy Framework (NPPF)

18. The floodlights for the stadium and the training pitches shall not be used between 22:30 hours and 07:30 hours. Reason: To ensure that the development does not adversely impact on the residential amenities of the occupiers of adjacent dwellings and to minimise the visual impact of the development on this countryside location in accordance with policy EN1 of the adopted South Kesteven Core Strategy 2010.

19. There shall only be a maximum of 30 Car boot sale events held at the site in any one calendar year. Reason: To ensure that the development does not resulting in noise and disturbance to the occupiers of the adjacent residential properties and in accordance with policy EN1 of the adopted South Kesteven Core Strategy.

20. Mechanical service plant noise levels shall adhere to the details contained in para 5.65 - 5.67 of

the Noise Assessment prepared by Hepworth Acoustics dated February 2013. The cumulative LAr noise rating levels from any mechanical service plant at the nearest residence, including any acoustic penalty, shall be at least 10dB(A) below the lowest measured LA90 background noise level. Reason: To ensure that the development does not resulting in noise and disturbance to the occupiers of the adjacent residential properties and in accordance with policy EN1 of the adopted South Kesteven Core Strategy.

21. The development hereby approved shall be implemented and operated at all times in accordance

with the PA noise management scheme contained within the Noise Management Plan received on 29 August 2013. Reason: To ensure that the development does not resulting in noise and disturbance to the

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occupiers of the adjacent residential properties and in accordance with policy EN1 of the adopted South Kesteven Core Strategy.

22. The acoustic bund located to the south of the proposed pitches shall be at least 10m high in

relation to the pitch levels directly adjacent to the bund and at least 4m high in relation to the ground level of the adjacent housing development to the south of the site. The development shall be implemented in accordance with the details of the ground levels and acoustic bund, including the cross sections details shown on drawing (08) 009 Rev A01. Reason: To ensure that the development does not resulting in noise and disturbance to the occupiers of the adjacent residential properties and in accordance with policy EN1 of the adopted South Kesteven Core Strategy.

23. Prior to the commencement of the use of the site as a football stadium, education facility or for

car boot sales the land between the highway boundary and the vision splays indicated on drawing number 10000/04/01 & 10000/04/02 received on 14/5/2013 shall be lowered so that it does not exceed 0.6 metres above the level of the adjacent carriageway Ryhall Road and thereafter the visibility splay shall be kept free of obstacles exceeding 0.6 metres in height. Reason: In the interests of safety of the users of the public highway and the safety of the users of the site.

24. The arrangements shown on the approved plan LK606 (08)008 Rev A01 for the

parking/turning/manoeuvring of vehicles shall be available at all times when the premises are in use. Reason: To enable calling vehicles to wait clear of the carriageway of Ryhall Road and to allow vehicles to enter and leave the highway in a forward gear in the interests of highway safety.

25. Prior to the 10th January 2014 a scheme shall be submitted to and agreed in writing by the local

planning authority for the construction of a 2 metre wide combined footway/cycleway along the frontage of the site and linking the existing provision to the north of Borderville Cottages and extending southwards to Rutland Road, together with arrangements for the disposal of surface water run-off from the highway at the frontage of the site. The agreed works shall be fully implemented before the development is occupied or in accordance with a phasing arrangement to be agreed in writing with the local planning authority. Reason: To ensure safe access to the site and each building in the interests of amenity, convenience and safety.

26. Prior to the commencement of the use of the site as a football stadium, education facility or for

car boot sales the works to improve the public highway (by means of ghost island right turn facility together with all necessary lighting, drainage, marking and ancillary works as indicatively identified on drawing number 10000/04/01 received on 14/5/2013) or as specified shall have been certified complete by the local planning authority. Reason: In the interests of safety of the users of the public highway and the safety of the users of the site.

27. The occupier shall ensure that travel arrangements are fulfilled in accordance with the approved

Travel Plan, unless the local planning authority stipulates approval to any variation. Reason: In order that the local planning authority conforms to the requirements of sustainable travel, a Travel Plan has been conditioned to ensure that access to the site is sustainable and reduces dependency on the car.

28. The development hereby permitted shall be carried out in accordance with the following list of

approved plans submitted as part of the application:

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• Site Location Plan - (08)001 Rev A00 • Existing Site Plan - (08)002 Rev A00 • Existing Site Sections - (08)003 Rev A00 • Comparison Site Sections - (08)006 Rev A01 • Proposed Site Context Plan - (08)007 Rev A01 • Proposed Site Plan - (08)008 Rev A01 • Proposed Site Sections - (08)009 Rev A01 • Proposed Ground Floor Plan - (08)010 Rev A00 • Proposed First Floor Plan - (08)011 Rev A00 • Proposed Roof Plan - (08)012 Rev A00 • Proposed Sections (08)013 Rev A00 • Proposed Sections (08)014 Rev A00 • Proposed North & East Elevation - (08)015 Rev A02 • Proposed South & West Elevation - (08)016 Rev A02 • Proposed Dug Outs - (08)021 Rev A01 • Proposed Hard and Soft Landscaping Layout - (08)024 Rev A01 • Proposed Walls, Fences and Boundary Treatments - (08)025 Rev A00 • Proposed Enclosures to Grass Pitch & Artificial Grass Pitch - (08) 026 Rev A00 • Turnstiles 1604-TS-01 Rev D • Proposed Toilet Block Ascot drawing model Rev A • Proposed Covered Seating S8305D-3-layout-A2 • Proposed Covered Seating S8305H-3-layout-A2 • Seating rear elevation • Standing rear elevation • Lighting:a1105 guidance notes • Lighting: a1403 06 Stamford CAD2 • Lighting: a1403 06 Stamford Calculux Design 2 • Lighting: A1403 17 Stamford covering letter • Lighting: Dysano Olympic Luminair 2 • Landscape management plan (OM Manuals) • Pitch details: 1604 SP01 Rev A • Pitch details: Natural sports pitches Rev 2 16/5/14 • Pitch details: TGMS report 25/2/14 • Community Use Agreement • M-EC Travel Plan Rev A • Drainage layout 12-3273 311 • Cycle shelter details • Access/footway works: 13454001 Rev G • Access/footway works: 13454002 Rev E • Access/footway works: 13454003 Rev K • Access/footway works: 13454004 Rev G • Access/footway works: 13454005 Rev F • Access/footway works: 13454006 Rev H • Access/footway works: 13454007 Rev E • Access/footway works: 13454008 Rev E Reason: To define the permission and for the avoidance of doubt.

29. The proposed development shall be undertaken in strict accordance with the Assessment of spoil from the development undertaken by Waldeck and received on 29 January 2013. If any material is to be deposited outside of the application site area no development shall take place until a scheme detailing the method and arrangements for the deposition of soil on adjacent land, in the applicants control, and the removal of sub surface material off site has been submitted to and approved in writing by the local planning authority. The scheme shall include: (i) details of the proposed grading and mounding of land areas including the levels and contours to be formed, showing the relationship of proposed mounding to existing vegetation and surrounding landform; (ii) details of any subsurface material to be removed from the site and precise details of where and how the material will be disposed of;

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(iii) details of the proposed routing arrangements for vehicles removing material from the site. The development shall be carried out in accordance with the approved details. The development shall only be carried out in accordance with the approved details. Reason: This is an outline application and the Council wish to ensure that the soil is disposed of in an appropriate manner in accordance with policy EN1 of the adopted South Kesteven Core Strategy 2010.

30. The development shall be carried out in accordance with the materials receievd on 02/09/2014

detailed on drawings (08)015 Rev A01 and (08)016 Rev A01. Only the agreed materials shall be used in the development. Reason: To ensure a satisfactory appearance to the development and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

Note(s) to Applicant

1. You are advised that the application site falls within an area affected by Radon. You are asked to contact the Council's Building Control section (telephone number 01476 406187) to ascertain the level of protection required and whether a geological assessment is necessary.

2. The applicant's attention is drawn to the attached letter from Lincolnshire County Council Fire and Rescue dated 11/2/2013, which sets out The Fire Authority's requirements in relation to the provisions to be put in place regarding access for fire fighting vehicles and water supplies for use in the event of a fire.

3. The applicant’s attention is drawn to the attached letter from the Environment Agency dated 18 February 2013.

4. Within a timescale to be agreed in writing by the local planning authority and before occupation of any part of the development, the existing Traffic Regulation Orders are to be amended in accordance with a scheme to be agreed and which shall include extending the current speed limit.

5. Where a footway is constructed on private land, that land may be required to be dedicated to the Highway Authority as public highway.

6. No works shall commence on site until a Section 278 Agreement of Highways Act 1980 has been entered into with the local highway authority Lincolnshire County Council to provide a ghost island right turn facility and 2 metre combined footway/cycleway together with all lighting, drainage, marking and ancillary works.

7. This consent should be read in conjunction with the Legal Agreement (S106) dated

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