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AGENDA ITEM

Development Control Committee 6 April 2010

PJM1 S09/2625/FULL Target Decision Date: 05-Jan-2010

Applicant E D A D Cooke Bourne (Farms) Ltd C/o Agent

Agent Louise Cooper, LMC Architect 11, Main Street, Lyddington, Rutland, LE15 9LR

Proposal Erection of country house with associated 2 no. 15m wind turbines and landscaping

Location High Park, Kirkby Underwood Road, Aslackby, NG34 0HP

App Type Full Planning Permission

Parish(es) Aslackby & Laughton

REPORT This is an Other Application

Reason for Referral to Committee This is an application to erect a dwelling within the open countryside which is put forward as an exception development under the provisions of PPS7. The Proposal This is a full application for the erection of a new country house with associated two 15m wind turbines and landscape proposals. The proposal would be a substantial incursion into the open countryside and relates to an overall 562 acre site. The applicant has submitted a number of supporting documents setting out the detail of the design, the use of eco technologies, impacts on ecology and wildlife together with a landscape strategy. The application is submitted as an exception to the normal restriction on housing in the open countryside. It relies specifically on advice in PPS7 which states:

“Very occasionally the exceptional quality and innovative design of a proposed, isolated new house may provide this special justification for granting of planning permission. Should such a design be truly outstanding and ground-breaking, for example, in its use of materials, methods of construction or its contribution to protecting and enhancing the environment, so helping to raise standards of design more generally in rural areas. The value of such a building will be found in its

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reflection of the highest standards in contemporary architecture, the significant enhancement of its immediate setting and its sensitivity to the defining characteristics of the local area”

The applicant has submitted documents which set out the rationale behind the application and how the development would proceed and be managed. High Park as the development is referred to, is related directly to the management of the farming estate of which it will become the hub. Currently the farm is managed from the farm headquarters, 6.5 miles away, with farm machinery and workers always travelling to and from the farm for every operation and management meetings. The applicants state that the intention is that the management of High Park will almost entirely transfer to the new High Park home office and with some machinery permanently located there journeying to-and-fro will be greatly reduced. The design of the building is open plan covering an area of approximately 17,000 square metres. The proposed dwelling will be set over three floors at lower ground level, upper ground level and first floor. The accommodation would be arranged predominantly off two wings, connected by the main entrance and courtyard area. It would include a master bedroom and four family bedrooms to the lower ground floor together with a guest bedroom to the upper ground floor. The accommodation to the upper ground floor would also include a dining hall, a drawing room, a dining / living area, two kitchens, a laundry room, games room, pool and Jacuzzi with changing rooms. The first floor will incorporate a Gallery landing, a study and roof terrace. Set off the courtyard will be a Plant room together with a farm office and self contained annexe accommodation above. A garage / workshop together with a three bay car "barn" are also accessed off the internal courtyard. The applicants state that the design principal of the building is to be based on the proven principles of autonomous buildings. The principles of the development they believe could be rolled out to more conventionally sized housing development schemes. Also, the building should not be costing any more per square metre to build than a conventional non-autonomous building of the same quality and size. The house has been designed to relate to the immediate and wider locale and work with the natural site contours by nestling it into the landscape, part of which is a hillside. The orientation of the house north-south ensures that it maximises natural light and sunlight and has the greatest control of passive solar gain within the primary living spaces as east-west orientation is susceptible to overheating. The south-facing sun space will have an insulated solid green roof to provide integral sunshade and thermal mass, thus reducing the risk of tendency of overheating of conventional conservatories.

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Non-habitable spaces are located to the north to provide a buffer zone to the habitable rooms from winter north-easterly winds and allow cool air to create a natural stack effect within the building. The stack effect uses variations in air pressure with height to increase the flow of air through a building. It is anticipated that the circular staircase to the northern façade of the main house will drive ventilation through the stack effect, enabled further by the water feature to the lower ground floor. Small windows are proposed to the north to allow cross ventilation and are to be fitted with shutters for night time insulation. The majority of the dwelling will have banks of low energy motorised windows, controlled via "smart" computerised system, to the sun space allow increased light and solar gain. The formation of the building is around a central entrance courtyard in order to reduce the climatic exposure on this open aspect site. A retractable canvas roof over the entrance courtyard can be closed to create a sheltered internal courtyard for entertaining; if left open during the day in the summer and drawn over at night the heat would re-radiate from the stone walls and paving. A continuous parapet wall to the indigenous meadow roof not only has health and safety benefits, but also provides visual screen to the often unsightly solar panels, and in turn prevents glare from the panels. The following materials have been selected for the new house:

• indigenous meadow roof (with an allowance for small areas of paving)

• concrete beam and block roof structure

• access to roof area via service staircase adjacent to the plant room provides a suitable location for solar panels (and photovoltaics when technology advances to the point when they become cost effective).

• service tracks along perimeter to plant room allows for changes as technology advances

• all gutters and down pipes to collect surface water and channel to rain water harvesting tanks

• 900 mm aluminium overhang / guttering to roof to protect the stone / render faces from the elements.

• super insulated building fabric

• 100mm on bed coursed mixed natural limestone external skin

• 200mm cavity wall insulation

• 190mm porotherm clay internal skin, lime rendered internally

• timber flooring joists with exposed Ibstock cool vault system between to provide large areas of thermal mass, with under floor heating pipes within floor limecrete screed for slow and even heat distribution

• triple glazed timber windows

• natural stone flags to all floors exposed to sunlight to absorb solar radiation An energy report has been submitted with the application. This explains the different methods to be employed in order to achieve a sustainable development. The report states

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that Code Level 5 of The Code for Sustainable Homes will be achieved by this building but every attempt will be made to achieve Code Level 6. To meet electrical demand there will be 2no. 5-6kW wind turbines (approximately 5-6 metres in diameter and 15m tall) to the north of the proposed dwelling which will be grid-connected to import any shortfall, export any surplus and incorporate a negotiated buyback tariff agreement with the supply company. Information has been submitted with the application indicating that at the base the noise output from the turbines would be about 60dB (A) which is about the amount of noise made by someone talking. The company supplying the turbines state that beyond 75m this would be less than background noise, so would become inaudible. The nearest dwellings to the site are considerably beyond this distance and have trees or buildings between them and the turbines: these dwellings are: High Park Cottage (506m), The Bungalow (957m) and Low Park (772m). Heating will be supplied by a Solar Hot Water system sized according to demand, entirely dependent on expected occupancy levels, plus 21m2 of solar hot water for the pool. The submitted plans indicate 14 no. 2 x 1m Solar Hot Water Panels to be sited on the flat roof to first floor. To meet any remaining or seasonal heating and hot water requirement, a biomass boiler and drying silo will be contained in a plant room on the ground floor. This will feed an underfloor heating system. The corn store, with an almost new operating system will remain grid-connected as its high peak energy demand combined with the short period of annual use make it entirely cost-ineffective for inclusion within the house energy scheme at the present time. High Park will act as its own heat regulator between the house's exterior and interior conditions. Any supplementary heating to maintain the house and its hot water supply at a comfortable temperature will be supplied by a biomass boiler. The fuel for this boiler will come from High Park's immediate surroundings. However, through most of the year, solar panels will be sufficient to maintain the hot water supply. Vines will be used to provide summer shade and, when they shed their leaves in autumn, more sunlight and daylight becomes available to the house. Trees around the building to the north, east and west provide shelter from the colder wind directions. An open southern aspect allows for maximum solar gain. High Park will have a self-contained water and drainage system, based on rainwater harvesting. Foul waste will be processed on site through reed bed filtration and the resulting water used for recreational and other purposes. High Park will use breathable materials that help to regulate humidity within the building. Some of the courtyard walls of High Park will be built using straw bales that have been grown, harvested on the farm and then used in the construction of the walls. The application includes a visual appraisal of the existing landscape features from various views and assesses the impact of the built development on such views. A Landscape strategy has been submitted with the application setting out in detail how High Park will increase biodiversity in its immediate environs and improve and create links with the surrounding countryside.

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The landscape proposals are made up of the following main elements:-

• converting three arable fields to grazing and carefully located parkland trees

• an avenue of trees along the approach to the house

• new woodland to screen the existing agricultural buildings on the site and to provide both shelter and a backdrop to the house itself

• four hectares of willow biomass plantation to the north of the house

• the curtilage of the house is laid out to provide ornamental gardens, spaces for growing and rearing food; a natural swimming pond and places for storage, composting and water management

The applicant states that the result will be a setting that restores a currently lost diversity that is more in keeping with the historic landscape of the Kesteven Uplands. It will re-introduce meadow and water habitats for wildlife and restore and extend the local network of hedgerows made up of native plants. A number of relatively small but visually important areas of woodland are proposed which will screen some existing visually intrusive agricultural buildings. The landscape strategy proposes a more productive landscape, providing food for High Park and local rural communities and grazing for farm livestock. It is also considered that the landscape strategy will improve the area's biodiversity, providing a variety of appropriate habitats for local species of both flora and fauna. The main proposals for increasing and improving biodiversity are:-

• conversion of 18 hectares of arable to grazing land

• reinforcement of existing hedgerows and creation of new hedgerows

• new copses and shelter belts

• creation of new areas of wetland and water margin habitats

• creation of new meadow areas

• introduction of owl and bat boxes to encourage the growth of existing populations

• managing ditches for clear water flow and improved biodiversity Water use and management at High Park is outlined in the Landscape Strategy. The Strategy provides for the creation of two new water bodies and the restoration and enlargement of a third. A reed bed filtration system is proposed that will act as an artificial wetland ecosystem to treat sewage from the house. A natural swimming pond will be fed from the dew pond and the reed bed filtration system and an existing dew pond will be restored, enlarged, landscaped and used for collecting rainwater run off from the roofs of the grain store, garden buildings and from the roof terraces of the house (Water from the roof of the house itself will be used within the house). A report submitted with the application estimates that the proposed water harvesting system will supply enough water for 13 full-time average UK residents. The reed-bed sewage treatment system has the capacity for up to ten people. A proprietary settlement tank will be used to deal with the effluent from the house based on a 20-day retention time followed by a reed bed system based on 4m3 of reeds per person. The potable water harvesting system will provide the drinking water requirements for the house which will be harvested from the roof of the house. The water will be screened from organic debris and stored underground in tanks located in the outer courtyard. The water will then

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be pumped and pass through a string filter to remove particles, a carbon filter to remove chemicals and an ultra-violet light to remove bacteria. The application site and its surroundings High Park is a 562 acre farm that forms part of a larger 5,000 acre farming estate. It is a working arable farm producing wheat, rapeseed oil, vining peas, beans and other crops which are part-dried on site and then sold on. There is a range of farm buildings and a 3,000 tonne grain store but no house. The topography is gently sloping with the farm buildings sited at the top of the rising ground. A farmhouse stood on the site until 1973. The father of the current owner knocked it down due to it being in a poor state of repair and the materials were recycled for repairs on the farm. To the west of the site is Temple Wood consisting of areas of ancient and semi-natural woodland, and ancient replanted woodland, and to the south of the site is the village of Kirkby Underwood. Representations Received Planning Policy:

“This application is for a dwelling to be located in the open countryside, in an area where new housing would not normally be permitted. PPS7 is quite clear that new house building in the countryside, away from established settlements or allocated sites should be strictly controlled. [para 9(ii)] Applications for rural housing should generally be determined in accordance with the South Kesteven District Council Interim Housing Policy, which limits housing development in the countryside to Rural Exception sites for affordable or agricultural housing, replacement dwellings and conversion of certain buildings. None of these limitations apply in this case. However, PPS7 also provides for planning permission to be granted for isolated new houses in the countryside, provided that there is special justification [PPS7, para 10]. This application should be determined in accordance with PPS7, para 11, which states that the exceptional quality and innovative nature of the design of a proposed isolated new house referred to in para 10 can, very occasionally, provide the special justification for permitting development in the open countryside. PPS7, para 11 advises that, for an application to succeed, the design should be: " truly outstanding and ground-breaking, for example, in its use of materials,

methods of construction or its contribution to protecting and enhancing the environment, so helping to raise standards of design more generally in rural areas. The value of such a building will be found in its reflection of the highest standards in contemporary architecture, the significant enhancement of its immediate setting and its sensitivity to the defining characteristics of the local area."

Other policy considerations are Policy EN1 and regard should be had to the Landscape Character Assessment which places the site within the Kesteven

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Uplands Character Area, which is of Medium-High Sensitivity to residential development. PPS22 encourages the use of small-scale renewable energy projects in new developments [para 18] and gives advice on assessing the visual effect of turbines [paras 19-21]. Although the applicants have placed great emphasis on how the proposal conforms to Structure Plan policies, this has been superseded by the adoption of the Regional Plan in March 2009. This proposal is contrary to Local Plan policy EN 2. It is, however, the applicants view that this design meets the requirements of PPS7, para 11. This is supported. There are, therefore, no policy objections to this proposal, which combines elements of the traditional English country house with modern architecture, to be constructed to the highest Code for Sustainable Homes standards, and incorporates the latest energy-generating and water recycling technologies.”

Local Highway Authority: It is considered by the Highway Authority that the proposed development will not be detrimental to highway safety or traffic capacity. Recommended conditions to be attached. Environment Agency: No objection. Black Sluice Internal Drainage Board: No comments to make on the proposal. Upper Witham Drainage Board: No comments to make on the proposal. Heritage Lincolnshire: No archaeological intervention is required. NATS:

"The proposed development has been Examined from a technical safeguarding aspect and does not conflict with our safeguarding criteria. Accordingly NATS has no safeguarding objection to the proposal."

Ministry of Defence: No objection to the proposal. Environmental Health: No objections. Natural England:

"We have no outstanding objections to this application on the basis of further information provided to us. This has included two separate additional communications by Richard Fox, we advise that you ensure that both of these have been formally submitted to you as they help to demonstrate the impact of the scheme on protected species. Natural England would like to re-iterate that we were impressed with design of the landscaping scheme and are supportive of the potential contributions of the scheme to habitat creation and hopefully in the longer term BAP targets. It is encouraging to see a proposal with this level of ambition and commitment to the natural environment."

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Lincolnshire Wildlife Trust:

"We are pleased that Natural England guidance has been followed to provide a buffer of at least 50m between the turbines and the biomass planting. This should help to reduce any potential impacts on birds or bats. We are also pleased to note that post-construction monitoring will be conditioned with a planning consent. There has been very little information relating to impacts of smaller scale turbines on wildlife to date, so the results should help to establish if there are any impacts and inform future applications."

Health and Safety Executive: The Health and Safety Executive does not advise, on safety grounds, against the granting of planning permission in this case. Projects Officer: No objections Arboriculturalist:

"At the present time the site is intensively managed agricultural land that contributes little to the landscape. It is in a fairly secluded location, surrounded by arable land and borders Temple Wood at the south-west corner. The various elements within the landscape strategy will integrate the new build into the landscape. Changing the arable use to woodland copse/shelter belt and pasture/parkland trees will improve the local landscape as well as being beneficial for flora and fauna. National and local guide-lines relating to landscape character have been considered and the recommendations followed when formulating the landscape strategy. The landscape strategy is sympathetic to the local landscape and will enhance what is currently a rather bland arable landscape with few trees that are struggling to survive."

Parish Council: The Parish Council has no objection to the proposals. OPUN, the East Midlands Design Review Panel:

“We are of the opinion that the proposal meets the criteria set out in PPS7 because of its overall quality and innovation. The scheme is a sensitive solution for the location, which will significantly enhance the setting and the wider locality. The proposed sustainability credentials are also to be commended.”

Representations as a result of publicity The application was advertised in accordance with the adopted Statement of Community Involvement with the closing date for third party objections being 25th January 2010.

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As a result of the consultation period one objection has been received which raised the following objections: 1. Disappointed at being left out of consultation process. 2. Position of building will make it extremely prominent. 3. Huge size will be disproportionate to other properties. 4. Outline for screening may go some way to form visual barrier. 4. No objection to fine country house but considers different siting would have less

impact. Site History No previous planning history. Policy Considerations National Policy PPS 1 – Delivering Sustainable Development PPS 3 – Housing PPS 7 – Sustainable Development in Rural Areas PPS 9 – Bio-Diversity and Geological Conservation PPG 13- Transport PPS 22 – Renewable Energy PPS 25 – Flood Risk Saved Policies of South Kesteven Local Plan Policy EN 1 - Protection and Enhancement of the Environment Policy EN 2 – Development in the Countryside Interim Housing Policy Landscape Character Assessment Key Issues A key principle of PPS 7 is that new building development in the open countryside away from existing settlements should be strictly controlled, the Government’s aim being to protect the countryside for the sake of its intrinsic character and beauty and the diversity of

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its landscape, heritage and wildlife, amongst other things. The guidelines states that isolated new dwellings in the countryside away from established settlements or areas allocated for housing will require special justification. Paragraph 11 advises that very occasionally, the exceptional quality and innovative nature of the design of a proposed isolated new house may provide special justification. Such a design should be truly outstanding and ground breaking, for example, in its use of materials, methods of construction or its contribution to protecting and enhancing the environment, so helping to raise standards of design more generally in rural areas. The value of such a building will be found in its reflection of the highest standards in contemporary architecture, the significant enhancement of its immediate setting and its sensitivity to the defining characteristics of the area. Other policy considerations are EN1 of the saved policies of the South Kesteven District Plan and regard should be had to the Landscape Character Assessment which places the site within the Kesteven Uplands Character Area, which is of Medium-High Sensitivity to residential development. The Landscape Character of the area is described as a mostly harmonious rural landscape, with farmland, woodland and parkland with small stone-built villages. Where the undulations are more pronounced, with small woodlands and fields, it is a relatively small-scale intimate landscape. The higher land tends to be more open with bigger fields and woodland blocks creating a larger scale yet simple rural landscape. The landscape proposals at High Park are sympathetic to the enhancement of the character of the Kesteven Uplands due to the retention of the existing field pattern around High Park, maintaining a sense of domestic agricultural scale to the landscape. The proposal includes the planting of more locally indigenous trees, and an estate management approach to the proposed parkland setting for the house. The scheme follows the criteria set out in the Landscape Character Assessment with the retention, management and extension of the hedgerow network and the extension of distinctive woodland. The use of limestone is also proposed. The materials are of a type used locally and appropriate for a dwelling of this scale and, by their colour and type, would be quite soft in the landscape. The proposals would involve significant enhancements to the local environment by substantial new tree planting and conservation measures. New habitats would be created. A Protected Species Report has been submitted with the application. Natural England expressed concern that the supporting information should include a site specific assessment of the turbines. They also considered that there was insufficient detail within the report on protect species. In order to assess the landscape and visual impact the applicants provided photomontages in relation to the impact of the development on the landscape character. Also a supplementary survey report as to the potential affect on protected species the proposed wind turbines may or may not have was submitted. Natural England considered the additional information and reported no outstanding objections to the application. They concluded that they were impressed with design of the landscaping scheme and are supportive of the potential contributions of the scheme to

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habitat creation and in the longer term BAP targets. They believed that it is encouraging to see a proposal with this level of ambition and commitment to the natural environment. Lincolnshire Wildlife Trust originally had some concerns regarding the proposed turbines. The concern related to the siting of the two turbines within the proposed biomass planting and near to the proposed shelterbelt. Both of these habitats will have the potential to attract birds and bats through an increase in the invertebrate foraging resource thereby increasing the risk to bats and birds. The Trust required the siting of these turbines to take into account the biodiversity value of the proposed habitats. Support was indicated for the Bat Conservation Trust view that monitoring should be undertaken for micro-turbines as well as large-scale wind farms to establish the impacts, if any, on local bat populations. The Trust supports the creation of Biodiversity Action Plan priority habitats on site. The use of calcareous grassland creation is mentioned in the report and the site is within a priority area for limestone grassland re-creation. Limestone grassland is a UK and Lincolnshire Biodiversity Action Plan (BAP) priority habitat. The Trust considers that the Re-creation of limestone grassland at this site would help to meet targets in the UK and Lincolnshire BAP. An amended plan was submitted by the applicants providing a buffer of at least 50m between the turbines and the biomass planting. Lincolnshire Wildlife Trust removed their objection stating that Natural England guidance has been followed. The amended scheme should help to reduce any potential impacts on birds or bats. The Trust request that post-construction monitoring be conditioned with any planning consent as there has been very little information relating to impacts of smaller scale turbines on wildlife to date, so the results should help to establish if there are any impacts and inform future applications. PPS22 encourages the use of small-scale renewable energy projects in new development and gives advice on assessing the visual effect of turbines. A noise emissions report was submitted in respect of the two wind turbines. No objection has been received from Environmental Health leading the authority to conclude that the erection of the turbines will not lead to unacceptable levels of noise and disturbance. It is considered that the wind turbines would provide a source of renewable energy, contributing to a reduction in the use of fossil fuels, in line with national policy. The design, location and relatively small scale are considered to be appropriate and would ensure that the proposal would not be visually intrusive in the immediate area or the wider landscape and would not intrude into prominent views or important landscape features. Furthermore, it is considered that there is sufficient separation distance to ensure that there would be no detrimental impact on the residential amenities of the occupiers of nearby dwellings. A Flood Risk Statement was submitted with the application and this includes various mitigation measures. Whilst the application area of this site is more than one hectare (4.4ha), the developed footprint of the house within this is only 0.16 of a hectare. Because of the small footprint of the development and its location within an area with a low risk of flooding, the Environment Agency did not require a full Flood Risk Assessment.

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The Environment Agency has no objection to the proposed development. The Highway authority has raised no objection, requesting conditions requiring the delivery of Wind Turbine equipment to be in accordance with submitted details and the further submission of a Method Statement regarding the delivery of the equipment. This proposal is contrary to Local Plan policy EN 2 (single dwellings in the open countryside). It is, however, the applicants view that this design meets the requirements of PPS7, para 11. The application site lies well outside the village of Aslackby within a rural location, having a mainly agricultural use. The submitted justification is an exception under paragraph 11 in conjunction with a continued agricultural usage. The overall objective of the proposed dwelling is to utilise cutting edge technology in conjunction with outstanding design to produce a home which is sustainable in terms of materials, energy consumption, method of construction and significantly reduced carbon footprint. The applicant’s intention is that the dwelling would be an exemplar of self sufficiency and sustainable design that could be carried through to developments that the authority may consider in the future. The application follows an extensive pre-application consultation process with Officers and Parish Council Members. The original idea for the site came in the form of a more traditional looking house and was felt to be out of step with current government thinking which promotes a more contemporary design philosophy for country houses. A number of such developments have been approved elsewhere within the country under the PPS 7 exception. Given the scale of the development and due to it being a departure from the Local Plan, the application would have to be referred to the Secretary of State if Members were minded to permit the development. The design of the house and grounds are inextricably linked and of a contemporary design influenced by the existing natural landscape, the form of the land and the setting of the site within a fairly remote location. The house has been designed to partly merge into the landscape, minimising the height and emphasising the horizontal forms. The flat roof design limits the visual impact of the development in the wider context by minimising the overall height. The building would have significant width and footprint however. High Park’s visibility from public highways or Rights of Way will be limited. The site is relatively remote, and, as part of the submitted Landscape Assessment, views of the proposed site from the road between Kirkby Underwood and Aslackby were analysed. Views of the site constitute glimpses from a minor undulating road, and due to the lie of the land and the distance between the road and the site, the proposed house will have a minimal impact on the overall scene. Furthermore, due to the rising topography from south to north, the house will appear on the crest of an undulation; in such instances, the impact of scattered trees on the south facing slopes will be significant in reducing the visual impact of the house from the south. The measures adopted in the design to achieve self-sufficiency and save energy, such as utilising/ limiting passive solar gain, wind turbines, a solar hot water system, a biomass boiler, rainwater harvesting, and the use of modern materials are not ground breaking, but are tried and tested and can be rolled out to other housing developments. The design of

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the dwelling is such that, should improved technologies become viable, they can be incorporated into the building. The predicted achievement of Code Level 5 of the code for Sustainable Homes lends weight to the environmental credentials of the design. By means of growing biomass on site, a sustainable sewage system and rainwater harvesting, the dwelling would deliver a high degree of self-sufficiency in terms of fuel, waste and water. Such a building is likely to contribute to some extent to protecting and enhancing the environment more generally, if followed for the benefit of future projects. The potential benefits of incorporating these attributes into a purpose-built co-ordinated design would be helpful in achieving this objective. In terms of the design, it is considered that the scheme has struck an acceptable balance between integrating the dwelling into the landscape and creating a visually ground breaking design which significantly enhances its immediate setting. The large area of land available has enabled the designers to select the optimum location, having regard to landform, existing hedgerows and location of the existing grain store to achieve the desired environmental benefits. Crime and Disorder Implications It is considered that there are no crime and disorder issues in relation to the proposal. Human Rights Implications It should be noted that Article 6 (Right to fair decision making) and Article 8 (Right to private family life and home) will be taken into account in determining this application It is considered that no other relevant Article will be breached. Conclusion It is considered that the whole project has been well planned and designed to meet the high standards referred to in Government Guidance regarding proposals for Country Houses. It would not set a precedent for other houses in the open countryside as there are strict policies set out in local and national documents restricting such development. It is only the exceptional quality of the proposal which is supported by OPUN which leads to a recommendation to approve the proposal under the PPG7 Country House exception. As the development is a departure from the Local Plan, however, it is considered necessary to refer the application to the Secretary of State under the departure proceedings. SUMMARY OF REASON(S) FOR APPROVAL The proposal is in accordance with national and local policies as set out in Planning Policy Statement PPS1 (Delivering Sustainable Development), PPS3 (Housing) and the saved policy EN1 (iii) and (iv) of the South Kesteven Local Plan together with the Interim Housing

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Policy and Landscape Character Assessment. The issues relating to conformity of the use and impacts on the character of the area, residential amenity, noise and disturbance and access and parking are material considerations but, subject to the conditions attached to this permission, are not sufficient in this case to indicate against the proposal and to outweigh the policies referred to above. RECOMMENDATION: That the application be referred to the Secretary of State under the Departure Procedures and subject to the Secretary of State deciding not to intervene to defer to Chairman and Vice Chairman for approval subject to the following conditions:

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. The development hereby permitted shall not commence until details and/or samples of the materials to be used in the construction of the exterior walls and roof of the buildings have been submitted to and approved in writing by the local planning authority. Reason: To ensure that the proposed development has an acceptable external appearance and is in keeping with the visual amenity and character of the area.

3. No development, hereby approved, shall be commenced on the site until:- (a) a scheme of landscaping in accordance with the approved Landscape Strategy showing the details of the number, species, sizes and planting positions of all trees, shrubs and grasses to be planted has been submitted and approved in writing; (b) a plan including details of all trees within the site to be retained, any trees to be felled, the hedgerows to be retained, any sections of hedgerow or trees which are to be removed; (c) measures for the protection of trees and hedges during construction work, have been submitted to and approved in writing by the local planning authority. Reason: To ensure a satisfactory appearance and setting for the approved development and protection of existing features in the interests of local amenity.

4. The scheme of landscaping approved under Condition 3 shall be carried out in its entirety within the period of 12 months beginning with the date on which development is commenced, or within such longer period as may be agreed in writing with the local planning authority. All planting shall be adequately maintained for the period of 10 years beginning with the date of completion of the scheme and during that period all losses shall be replaced during the next planting season to the satisfaction of the local planning authority.

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Reason: To ensure a satisfactory appearance and setting for the approved development, and to ensure the continued maintenance of the approved landscaping in the interests of local amenity.

5. A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small 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 plans 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.

6. No development shall take place until details of earthworks have been submitted to and approved in writing by the local planning authority. These details shall include 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. Development shall be carried out in accordance with the approved details. Reason: To ensure a satisfactory appearance and setting for the approved development in the interests of local amenity.

7. No trees and/or hedges within the application site shall be wilfully damaged, cut down, uprooted, pruned, felled or destroyed without the prior written consent of the local planning authority and any trees or hedges existing on the site at the date of application and which have been indicated for retention as part of any scheme approved in writing by the local planning authority, shall, in the event of their subsequent failure to survive, or removed, be replaced within 12 months of their failure by the planting of such live specimens in such number as may be approved in writing by the local planning authority. Reason: In order to preserve and ensure the continuity of the existing landscape features of the site in the interests of local amenity.

8. Prior to the commencement of development on site a management scheme for those existing hedges to be retained on the site shall be submitted to and approved in writing by the local planning authority and such approved scheme shall be carried out in its entirety unless variations are agreed in writing by the local planning authority. Reason: In order to preserve existing landscaping on the site in the interests of local amenity.

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9. The route to be used for delivery of turbine equipment will be from the A15 and via Kirkby Underwood only. Reason: In the interests of safety of the users of the public highway and to ensure safe access to the site.

10. The applicant is to provide a Method Statement prior to the delivery of equipment relating to the proposed turbines to inform the Local Highway Authority of the control methods to be put in place for safe delivery. Reason: In the interests of highway safety.

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification) no development under Schedule 2, Part 1, Class A, B, C, D, E, F shall be permitted within the curtilage of the dwelling hereby permitted. Reason: In order to protect residential amenity of surrounding residents, and the visual character of the area.

12. The annexe accommodation hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as High Park.

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

13. No development shall take place without the prior written approval of the local planning authority of details of the means of sewage and surface water disposal and the submitted details shall include soil percolation test. The development shall be undertaken in accordance with any such details that are approved. Reason: To ensure that satisfactory drainage provision is provided for the development.

14. Prior to the commencement of development a scheme of all external lighting shall be submitted to and approved by the local planning authority. Only the approved details shall be implemented. Reason: In the interests of visual amenity.

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15. The applicant, or their agents or successors in title, shall give the local planning authority at least 14 days written notification of the start date for commencement of development. Reason: To ensure adequate opportunity for the implementation of the archaeological mitigation strategy.

16. The mitigation measures set out in the submitted and approved Flood Risk Statement shall be carried out in full and thereafter shall be so retained. Reason: To ensure that flood risk is adequately mitigated for the lifetime of the development.

17. Development shall not commence until a scheme for the erection of bat and owl boxes has been submitted to and approved by the local planning authority. Such an approved scheme shall be implemented in full within three months of the completion of the buildings and shall thereafter be so retained. Reason: To create new habitats in the interests of ecology.

18. The use of the land hereby permitted shall be for residential and farm purposes only, and for no other use, including any commercial or equestrian use, except agriculture. Reason: For the avoidance of doubt and to clarify the permission in the interests of amenity and road safety.

19. The green energy and sustainability measures, namely the erection of two wind turbines, solar hot water panels and Solar Hot water system, the indigenous meadow roof, Mechanical Heat Recovery Ventilation, biomass boiler, rainwater harvesting system, grey water storage and the reed-bed sewage treatment system shall be carried out in their entirety within the period of 12 months beginning with the date on which development is commenced, or within such longer period as may be agreed in writing with the Local Planning Authority. All associated eqipment shall be adequately maintained thereafter beginning with the date of completion of the Scheme and all damaged and faulty equipment shall be replaced or repaired to the satisfaction of the local planning authority. Reason: To ensure a satisfactory development, and to ensure the continued maintenance of the approved green energy and sustainability measures in the interests of local amenity.

20. The development shall be carried out in accordance with the approved plans.

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Reason: For the avoidance of doubt.

Note(s) to Applicant 1. Should any bat corpses be found as a result of striking the wind turbines contact

should be made with the Bat Conservation Trust.

2. Should any bird corpses be found as a result of striking the wind turbines contact should be made with the British Trust for Ornithology.

3. The applicants are advised to visit the following website for advise on post cnstruction monitoring: http://www.sbes.stir.ac.uk/research/ecology/micro-turbines.html

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KJC1 S10/0012/FULL Target Decision Date: 10-Feb-2010

Applicant Miss Helen Broadhurst, David Wilson Homes North Midlands Wilson House, 2, Orchard Place, Nottingham Business Park, Nottingham, Notts, NG8 6PX

Agent

Proposal Erection of 5 dwellings with associated infrastructure

Location Land at Former Colsterworth Industrial Estate, Bridge End, Colsterworth

App Type Full Planning Permission

Parish(es) Colsterworth

REPORT Application Category This is a minor application Reasons for Referral to Committee Loss of potential employment land. The Proposal The application relates to the construction of five dwellings, a pair of semidetached properties and three detached properties giving a total of five units and associated garaging. The site would be accessed off a private drive. The development proposes three, three bedroom properties and two four bedroom properties. The Application Site and its Surroundings The site is located adjacent to the existing mature woodland to the north and east. The site forms part of a larger residential development that is currently under construction and was formerly in industrial/commercial use. The site is located midway between Colsterworth and Woolsthorpe and is accessed from High Street towards the northern end of Colsterworth. A long avenue of trees border the access road to the site. Either side of the entrance to the main site area are small areas of natural woodland. The larger site is the subject of Outline planning permission S05/1358 that was approved on 5th October 2006. That permission was for a mixed scheme of predominantly residential development but with a small commercial/retail element within the scheme. It was

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envisaged that this would take the form of offices/retail, nursery and light industrial workshops for example. The residential element of the scheme has been approved in detail and is under construction. As for the commercial part of the site, the applicants have indicated that despite the marketing of the site for commercial development for over 18 months there has been little or no interest. This has resulted in the submission of this application for residential development as an alternative to the commercial use. Representations Received Local Highway Authority: Does not wish to restrict the grant of planning permission. No observations – it is considered that the proposed development will not be detrimental to highway safety or traffic capacity. Lincs Heritage Archaeology: The application does not affect any known archaeological sites and therefore no intervention is required. Environmental Protection Officer (Contamination):

The site is already the subject of a remediation scheme: A clean capping layer (600mm) for front and rear gardens and full radon/vapour barrier for buildings.

Environment Agency: The Environment Agency has inspected the application and has no comments to make in respect of the proposed development as submitted. Planning Policy:

The submitted application is a resubmission of the one that was withdrawn last year. As such the comments from the last application still stand: "As the principle of residential development in this location has already been established through the grant of planning permission for the redevelopment of the majority of the former industrial estate for housing the main policy issue relates to the loss of employment/commercial land. There are two saved policies relevant to this application. Policy E7 which allocated the former industrial estate for industrial and business development and, perhaps more relevant, Policy E11. Policy E11 seeks to retain existing or allocated industrial sites unless the criteria of the policy are met, namely:

i) suitable sites or buildings available elsewhere in the locality – there is land allocated in the local plan (saved policy E7.5) at Colsterworth to the south of the A151 adjoining the A1 for industrial/business development, which due to its location on the strategic road network is probably better located for office or workshop uses. The loss of the application site to other uses

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is also unlikely, due to its size, to have a significant detrimental impact on the overall supply of employment land in the District.

ii) Unacceptable traffic or environmental problems iii) No demand for the existing use – the marketing information submitted in

support of this application would suggest that there is currently no demand for this site either for B1 uses or alternative A1 and D1 uses.

If the marketing has been undertaken in accordance with the strategy agreed in 2007, then it would appear that criteria (iii) of policy E11 has been satisfied. The only issue that might be raised in relation to the marketing would be: Length of time for marketing – was it set down in the marketing strategy? From the experience elsewhere I would normally expect industrial/commercial sites to be marketed for a minimum of 2 years, although it may be questionable in the current economic climate whether this would make any significant difference. Is the valuation of the site by Humberts of between £100,000 and £200,000 realistic? Was the valuation figure agreed in the marketing strategy? The marketing advertisements published in the local press suggest that the site was available only as a single development site which may not have met the requirements of some enquirers who expressed an initial interest in the site. Subject to the requirements of the marketing strategy for this site having been met, it would appear that Policy E11 has been satisfied and there is no policy objection to the proposal."

Economic Development:

Reference to the above application the Economic Development Team have no objection to planning permission being granted for the following reasons:

1. The site is very small for industrial use 2. We cannot substantiate any direct requests for the site. We did have two new

business start ups in the Colsterworth area during 2009 but do not have records of their requirements for units.

3. The Colsterworth Business Park Feasibility study (August 2009) has highlighted a site on the south bound carriageway of the A1 and is of some 9.9 hectares. In Section 5.20 of the report “it is assumed a disposal rate of 5 acres (2.02 hectares) per annum which is based on the land appealing to small to medium sized requirements who are looking for freehold land. There may also be potential demand from developers wishing to develop small workshop sized accommodation once liquidity within the capital investment markets improve”

4. We consider that any requirement from Small and Medium Sized Enterprises will be met from the new site and be better placed than being sited within housing.

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Open Space Officer:

The addition of five dwellings does not increase the size of play provision of the play provision required. Therefore the LEAP provision is still acceptable. The addition of five dwellings would equate to an additional amount of open space of 29.5 square metres. Therefore I would deem the increase in dwellings to be of no significance to require an increase in the allocation or alter the Section 106.

Colsterworth and District Parish Council:

"This Parish Council is not in favour of the above planning application. We would remind you that when outline planning permission was granted (S05/1358) it was proposed that it would be a Mixed Use Development (Residential, Office, Retail, Nursery and Workshops. SKDC Development Control Services Condition 18 states: The provision of the commercial units is intrinsic to the overall development of the site and the local planning authority need to ensure that the commercial units are provided on site, enabling the required mix of residential and commercial development throughout and in accordance with Policy E6 of the South Kesteven Local Plan. Whilst it is clear from the correspondence that David Wilson Homes have sought to interest commercial buyers the sale price has not been sufficiently attractive to secure serious consideration. We believe that SKDC together with Lincolnshire County Council have a major role to play in ensuring that this community benefits by helping to create local long term job opportunities. This commercial opportunity for Colsterworth must not be lost. It is important that all avenues should be explored including District, County and Central government financial incentives sought to secure the required commercial interests on this development. We would encourage DWH, SKDC and LCC to actively pursue this. Again we would draw your attention to the following points:

a) it would be an important loss of potential employment land b) depriving the local community of job opportunities c) increased vehicle movements adding to the existing traffic congestion in the

village d) recreational facilities (LEAPS) on the site were based on the original 89

dwellings e) there is no other public open spaces available."

National Trust:

Having considered the location of the proposed development and assessed the potential implications for Woolsthorpe Manor it has been concluded that there would be no material impacts. Accordingly, the National Trust has no comments to make upon this application.

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Representations as a Result of Publicity The application has been advertised in accordance with the adopted Statement of Community Involvement. Four letters of objection have been received. A summary of the main concerns raised are listed below: 1. Will lead to more congestion on the roads and through Colsterworth. The High

Street is already congested and has significant on street parking. 2. Must ensure that adequate off street parking is provided. 3. The proposal will take the development up to the tree line resulting in a harsh,

oppressive, visual and environmental clash. 4. The steep high pitched roof lines of 2.5 storey properties is not attractive on the

edge of a development and may result in issues of privacy. 5. Five large, new homes will mean 10 additional motor vehicles using short Telford

Way, which acts as a feeder road for the estate. Noise and safety issues are of a concern.

6. The argument that a significant amount of time has been spent in marketing the site for business development is very hard to believe.

7. Who would undertake such a business venture until the estate is established and a customer base is present.

8. Once the commercial site has been established it would undoubtedly benefit the whole community.

9. The addition of other commercial businesses in the village would help alleviate the current traffic problems through the village which would only get worse once the current development is completed.

10. The windows to the side elevation will overlook and invade our privacy. Perhaps the developer could consider the use of partial or fully obscured glass in the windows that overlook our property.

Any further comments will be reported in the late items paper. Applicants Submission The applicant has submitted the following information in support of the application: Design and Access Statement, Flood Risk Assessment, various letters regarding marketing of the site, Marketing Report by Lambert Smith Hampton. Relevant content of the supporting letter is summarised below:

"The original outline application was accompanied by a schematic masterplan, which indicated an area of land to be provided for the commercial element of the scheme, which was limited to development within Use Classes A1, B1 or D1. The outline consent envisaged the development of offices, retail units, a nursery or small scale workshops.

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In accordance with the outline planning permission, the reserved matter submission made by David Wilson Homes in February 2007 provided for 94 no. residential units, but also included an area of land, which was earmarked for the commercial element of the scheme. Once that reserved matters application was progressing satisfactorily through the planning process, we contacted Humberts, (Estate Agents specialising in commercial developments), who are based in Grantham, to market the site for approved commercial uses. The marketing strategy for the site, which was prepared by Humberts, was submitted and approved by the local planning authority in accordance with condition 18 (marketing strategy) of outline planning permission S05/1358 and this scheme of marketing was implemented in May 2007. Details of the marketing, which took place, and the notes of interest received are provide in the attached letter from Humberts dated 3rd November 2008. As you will see, during the time period from May 2007 to November 2008, little serious interest for the site for the approved uses was received by the agents and indeed the only offer made for the site was significantly below the valuation of the land and was therefore rejected by this company on legitimate grounds. Owing to the lack of interest received by Humberts, we instructed a second marketing agent, Lambert Smith Hampton, to start advertising the Site for the approved uses in March 2008. This marketing has taken place as detailed in the attached letter dated 13th October 2008 (and in accordance with the approved marketing strategy) but again with no serious notes of interest received. Following the extensive period of marketing, an application for the residential development of the site was submitted in December 2008 (Planning Ref: S08/1272). As you will recall during the life of the planning application, interest was received from a local resident who wished to consider the site for a hair dressers/salon. We subsequently corresponded with the interested party from May 2009 to August 2009 to discuss the potential options available to her and the costs associated with those proposals. Unfortunately, in August 2009 the interested party withdrew her interest in any part of the site owing to the financial implications of the proposal. We now consider that we have fully exhausted the options available to us, in terms of successfully marketing this land for the commercial uses as set out in the outline planning permission. Regrettably, the extensive period of marketing has yielded no results, and as a consequence, we must now consider alternative uses for the site, before it has the opportunity to fall into a derelict and unsightly condition. The current proposed scheme, which incorporates five dwellings aimed at the starter home or small family market should complement the approved residential development across the remainder of the site and the wider development throughout Colsterworth village. The site has been designed to sit comfortably alongside the mature woodland to the north and east and the existing development to the west and south, without detriment to the natural environment or standards of residential amenity."

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Site History S05/1358 – Mixed use development was granted outline planning permission on 5th October 2006. This scheme was predominantly residential but it was envisaged that there would be a commercial retail element within the scheme. A condition of this outline approval was that a marketing and delivery strategy of the commercial units is undertaken. S07/0194 – Reserved matters application pursuant to Outline Planning Permission S05/1358 was granted approval on 6th September 2007. Details were submitted in relation to the residential element of the scheme. S08/1272 – Erection of nine dwellings, to be sited on the commercial/retail area was withdrawn to allow further consideration of alternative uses of the site. Policy Considerations

National Guidance PPS1 – Delivering Sustainable Development PPS3 - Housing PPG13 – Transport East Midlands Regional Plan Policy 2 – Promoting Better Design Policy 3 – Distribution of New Development Policy 13a – Regional Housing Provision South Kesteven Local Plan Policy EN1 – Protection and Enhancement of the Environment Policy H6 – Residential Development Policy E7 – New industrial and Business Development – allocates land to the east of the A1 Trunk Road and south of the A151 Bourne Road for industrial and business development. Policy E11 – Safeguarding of Industrial Sites – to ensure the promotion of local employment is not frustrated by the loss of suitably located industrial land and buildings throughout the District especially in those towns and villages where there is an acknowledged shortage in relation to demand.

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Supplementary Planning Guidance

Interim Housing Policy

Key Issues The main issue for consideration in relation to this development is the loss of the employment land to residential use, impact on residential amenity of neighbouring occupiers, highway matters and visual amenity. Loss of Employment Land The site has been marketed over a significant period of time without any concrete interest. The comments of both the Council’s policy and economic development section acknowledge the difficulties, in the current economic climate, of successfully marketing the site. This factor, when coupled with the sizeable industrial and commercial allocation elsewhere in the locality (south of the A151 adjoining the A1) make the site somewhat unattractive as a office/business development. This significantly larger site adjacent to the A1 is in a far more sustainable and readily accessible location for such uses and would not present future occupiers with issues of noise and disturbance due to the proximity of residential properties. It is accepted that the siting of a commercial operation, such as a hair salon or other retail uses is desirable within the overall development. However, if no interest is being shown a decision has to be made as to whether the site is to remain vacant or alternative uses for the site explored. Residential Amenity The proposed dwellings would be located adjacent to the existing properties off Telford Way. The separation distance between the rear elevation of the nearest property to the closest part of the proposed development, (in this instance a single attached garage) would be 12 metres. There would be a distance of approximately 14 metres to the side elevation of the proposed dwelling. It is considered that this is sufficient separation to ensure that there would not be any significant overlooking/loss of privacy to the detriment of the residential amenity of neighbouring occupiers. Specifically, as the nearest side elevation, whilst containing a window at first and second floor both of which are secondary windows, could be fitted with obscure glazing. This can be achieved by a suitably-worded condition. It is considered that there is sufficient separation between the existing properties and the proposed development to ensure that there would not be any significant overshadowing or creation of an overbearing environment for the existing occupiers of the neighbouring properties. The proposed layout would provide an appropriate level of amenity space for the individual properties and would not result in a cramped form of development.

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Highway Matters It is accepted that the proposed dwellings would result in additional vehicle movements. However, this must be tempered against the fact that the use of the site for commercial purposes would also generate traffic. This is reflected in the comments of the local highway authority who have not objected to the development. It should also be considered that traffic to the commercial use(s) could involve larger heavier and noisier vehicles than would be the case with a wholly residential development. Visual Amenity The proposed development is a small addition to a sizeable residential scheme on a former industrial site. The application was earmarked for commercial development by the grant of outline planning permission S05/1358. It is considered that the proposed dwellings would result in less visual impact than the construction of industrial units or other commercial enterprises. By nature domestic properties tend to have less physical bulk and form than commercial units. It is considered that the residential development can be seen as a small logical extension to the larger approved scheme and would not result in any significant detrimental to the character and appearance of the area. Conclusion The development would not be contrary to the requirements of national and local policy with the proposed dwellings being sited on a brown field site in a sustainable location, adjacent to existing residential properties. There is a degree of tension regarding the loss of the commercial area to a residential use. However, from the evidence provided by the applicant, the site has been marketed without any success. When coupled with the fact that the site is of limited size and any future need for small to medium sized enterprise units in the area could be met through the local plan allocation it is considered that there is no justification to require the commercial element on the site. It is considered that as the site is located in close proximity to the centre of Colsterworth village, which is identified as a local service centre, it provides access to the facilities required for residents to meet their daily needs without having to travel by the motor car. Crime and Disorder Implications It is not considered that the proposed development raises any significant crime and disorder issues.

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Human Rights Implications It should be noted that Article 6 (Right to fair decision making) and Article 8 (Right to private family life and home) will be taken into account in determining this application It is considered that no other relevant Article will be breached. SUMMARY OF REASON(S) FOR APPROVAL The proposal is considered to accord with the objectives of national and local policies as set out in PPS1 - Delivering Sustainable Development, PPS3 - Housing, PPG13 - Transport, East Midlands Regional Plan Policy 2 - Promoting Better Design, Policy 3 - Distritbution of New Development, Policy 13a - Regional Housing Provision, Saved Policies EN1 Protection and Enhancement of the Environment, Policy H6 - Residential Development, Policy E7 and Policy E11 of the Saved South Kesteven Local Plan. Highway capacity, parking, residential amenity, visual amenity and loss of employment land are material considerations but are not considered to outweigh the policies referred to above. 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 materials to be used in the construction of external 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 Saved Policy EN1 of the South Kesteven Local Plan.

3. No development approved by this permission shall be commenced until a scheme for the provision of surface and foul water drainage has been submitted to and approved in writing by the Local Planning Authority. The drainage works shall be completed in accordance with the details and timetable agreed to the satisfaction of the Local Planning Authority. Reason: To prevent the 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.

4. Before any development is commenced the approval of the district planning authority is required to a scheme of landscaping and tree planting for the site

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(indicating inter alia, the number, species, heights on planting and positions of all the trees). Such scheme as may be approved by the district planning authority shall be undertaken in the first planting season following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the district planning authority gives written consent to any variation. Reason: Landscaping and tree planting contributes to the appearance of the development and assists in its assimilation with its surroundings. A scheme is required to enable the visual impact of the development to be assessed and to create a pleasant environment.

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order with or without modification), no window, dormer window or rooflight other than those expressly authorised by this permission shall be constructed without planning permission having first been obtained from the Local Planning Authority. Reason: To safeguard the amenities of the occupiers of nearby properties in accordance with Saved Policies H6 and H7 of the adopted South Kesteven Local Plan.

6. The windows to the side elevation of plot 97 shall be fitted with obscure glazing and permanently retained as such. Reason: To safeguard the privacy of the occupiers of the neighbouring properties in accordance with Saved Policy H6 of the South Kesteven Local Plan.

Note(s) to Applicant 1. Where private drives are proposed as part of any development you should be aware

of the requirements laid down in the Lincolnshire Design Guide for Residential Areas.

2. 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.

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JJ1 S10/0361/FULL Target Decision Date: 29-Mar-2010

Applicant New Stamford College C/o Agent

Agent Jeremy Pyatt, Savills 23, Furzton Lake, Shirwell Crescent, Furzton, Milton Keynes, MK4 1GA

Proposal Construction of revised college entrance, refurbishment of existing buildings and alterations to car park layout

Location Stamford College, Drift Road, Stamford, Lincolnshire, PE9 1XA

App Type Full Planning Permission

Parish(es) Stamford

REPORT Application Category This application is categorised as a minor application. Reason for Referral to Committee This application has been referred to the Development Control Committee at the request of the Council’s Acting Lead Professional. The Proposal The proposed development seeks to provide New Stamford College with a new entrance area which acts as a focal point in directing people towards the main College entrance as well as bringing together a number of existing buildings which are currently poorly linked. The proposed development also involves the refurbishment of sections of the existing buildings to provide more flexible education space. Changes are also proposed to the car park in order to enhance the site circulation and increase parking on site. The main elements of the proposed development include:

• The insertion of a new entrance lobby and associated canopy which links the main entrance, catering and art buildings together. This lobby will include a new reception and seating area;

• The refurbishment of part of the art building to 187 sq m of multi-use space and new washrooms;

• The refurbishment of part of the main building (welcome zone and common room) to provide 160 sq m Learning Zone for 20 staff and 40 students and provision of 3 interview rooms;

• The refurbishment of part of the catering building to provide a 60 cover restaurant;

• Changes to the car park layout / circulation and an increase in car parking ensuring more containment within the existing site.

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The application site and its surroundings Stamford College is situated 750m north-east of Stamford town centre and is used as a general further education College. The site covers an approximate area of 3.9 hectares consisting of six building blocks totalling a gross floor area (GFA) of approximately 11,500m2. The College campus is located to the south of Drift Road and extends to the rear of the adjoining Stamford Leisure Pool, which also fronts onto Drift Road. Situated to the rear of the leisure pool, is a large grassed area formally used as a sports field. The applicants have advised that the field has not been used for this purpose for over six years. Vehicular access to the site is taken directly from Drift Road into the main car park. A secondary access point from Melbourne Road provides access to a smaller car park to the rear of the site. There are currently 261 car parking spaces on the College site of which 12 are allocated for disabled users. Site History The relevant site history on this site relates to the various buildings that have constructed over the years, car parking provision and telecommunications installations on the roof of the main building and free-standing mast against the south-western boundary. The most recent applications at the site related to a proposal to construct an all weather sports pitch with floodlighting on the existing sports field where the proposed new college building is to be erected. That application (S03/0369/69) was refused on the grounds that the floodlights would have had an adverse impact on the occupiers of neighbouring residential properties. In January 2009 planning permission was granted for the demolition of two existing buildings (25 & 27 Ryhall Road), demolition of existing College buildings (main building, catering building, motor vehicle and construction building, learning support LRC and sports hall) and erection of new college buildings and refurbishment of retained structures and provision of multi use games area (S08/1182). The applicants have advised that although it was always the intention of the College to pursue this redevelopment in full, funding issues have resulted in the Learning and Skills Council (LSC) cutting funding for this particular project. This has resulted in the College having to adopt an alternative strategy and this current application represents the first phase. Representations Received Heritage Lincolnshire (Archaeology) – the proposed development does not affect any known archaeological sites.

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Local Highway Authority – no objections subject to conditions. Stamford Town Council – no objections subject to neighbours amenities being respected. Environment Agency – Comments awaited and will be reported in the Late Background Papers. Representations as a result of publicity The application has been advertised in accordance with the Council’s Statement of Community Involvement and two letters of objection have been received the objections can be summarised as follows: 1. Loss of privacy due to noise an disturbance from proposed car parking. 2. Noise from people meeting in the car park at night and playing load music. 3. Concerns as previously approved scheme included the closure of the Melbourne

Road entrance which is not included in this scheme. 4. Litter. 5. Concerns re-access for bin vehicles and emergency vehicles. 6. Noise and disturbance to local residents. Policy Considerations Central Government Planning Policy Guidance PPS1 – Delivering Sustainable Development. PPS25 – Development and Flood Risk PPG13 – Transport Regional Planning Guidance – RSS8 Policy 1 – Regional Core Objectives Policy 2 – Promoting Better Design Policy 48 – Regional Car Parking Standards ‘Saved’ Policies of the South Kesteven Local Plan Policy EN1 – Protection and Enhancement of the Environment

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Key Issues Highway Safety Design Residential Amenity Officer Evaluation There are at present a number of separate entrances to the College which currently leads to some confusion particularly for first-time or infrequent visitors. On entry to the College, via the existing main ‘welcome zone’, the internal configuration of the building makes it particularly difficult for people to navigate their way around. The proposed development seeks to create a dominant entrance feature which in turn provides a well arranged entrance concourse from which other key facilities can be intuitively accessed. The styling concept for the primary entrance structure is a winged canopy roof supported on simple steel portals allowing a clear and flexible open area beneath. The proposed structure would utilise modern detailing and vibrant finishes in order to enhance the entire entrance approach. The winged-form is proposed to be clad with an iridescent metal cladding that will reflect light in such a way that it changes colour/hue as you move around the building. The proposed development does not propose any alterations to the location or operation of the two existing car park accesses. It does however propose to link the lower eastern car park to the western car park by a ramp. This would aid circulation around the site and enable vehicles entering the site from Drift Road to have access to both the higher and lower car parks. The alterations to the frontage will reduce the number of car parking spaces by seven. However, it is proposed to provide 49 additional car parking spaces to the rear of the College site. This will increase the total number of parking spaces from 261 to 303. The local highway authority has been consulted and has raised no objections to the proposed alterations. It is considered that the proposed increase in parking facilities will help to alleviate some of the existing problems cause by on-street parking on roads around the College campus. The proposed development is considered to be of an appropriate design in scale and character with the existing buildings on the site. Whilst the building will be in contrast with the architectural form of the existing buildings it is considered that this will form an interesting feature of the site and provide the College with a distinctive entrance feature. Concerns have been raised in relation to noise and disturbance and litter, it is however considered that the proposed development would not result in any significant increase in noise and disturbance or result in an increase in litter in the area. The proposed

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development is not therefore considered to be detrimental to the residential amenities of the occupiers of adjacent residential properties. Crime and Disorder Implications It is considered that the proposed development would not give rise to any significant Crime and Disorder Issues. Human Rights Implications 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. It is considered that no relevant Article of that act will be breached. Conclusion The development is considered acceptable for the reasons outlined above and is therefore recommended for approval subject to no adverse comments being received from the Environment Agency. SUMMARY OF REASON(S) FOR APPROVAL The proposal is in accordance with national, regional and local policies as set out in PPS1 (Delivering Sustainable Development), PPS25 (Development and Flood Risk), PPG13 Transport, Policy 1 (Regional Core Objectives), Policy 2 (Promoting Better Design) and Policy 48 (Regional Car Parking Standards) of RSS8 (Regional Spatial Strategy), Policy and Policy EN1 (Protection and Enhancement of the Environment) of the Saved Policies of the South Kesteven Local Plan. The proposed development is considered to be of an appropriate design in scale and character with the existing buildings on the site. Whilst the building will be in contrast with the architectural form of the existing buildings it is considered that this will form an interesting feature of the site and provide the collage with a distinctive entrance feature. The issues relating to highway safety, parking provision, noise and disturbance and litter are material considerations but subject to the conditions attached to this permission, are not sufficient to indicate against the proposed development or to outweigh the policies referred to above. 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.

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Reason: To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.

2. No development shall take place until samples of the materials (including colour of render, paintwork or colourwash) to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To ensure a satisfactory appearance to the development and in accordance with Saved Policy EN1 of the South Kesteven Local Plan.

3. The arrangements shown on the approved plan 090347/PL/130 RevB and 090347/PL/120 Rev B dated 16 March 2010 for the parking/turning/loading/unloading 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 Drift Road and to allow vehicles to enter and leave the highway in a forward gear in the interests of highway safety.

4. No development shall take place before the detailed design of the arrangements for surface water drainage has been agreed in writing by the Local Planning Authority and no building shall be occupied before it is connected to the agreed drainage system. Reason: To ensure that surface water run-off from the development will not adversely affect, by reason of floooding, the safety, amenity and commerce of the occupiers of the site.

5. This permission relates solely to the application as amended by drawing numbers 090347/PL/120 Rev B, 090347/PL/130 Rev B, 090347/PL/131 Rev B, 090347/PL/132 Rev B, 090347/PL/133 Rev B and 090347/PL/142 Rev Breceived on 16 March 2010 Reason: The earlier submitted drawings have been amended to revise the circulation routes around the buildings.

Note(s) to Applicant 1. This site is within 50m of a Land Contamination Concern. Please contact

Environmental Protection Services on 01476 406300 for further information.

2. 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.

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BEW1 S09/0805/FULL Target Decision Date: 29-May-2009

Applicant Mr L Cragg, Barrowby Parish Council 10, Hedgefield Road, Barrowby, Grantham, NG321TA

Agent Mike Sibthorp Planning Logan House, Lime Grove, Grantham, NG319JD

Proposal Change of Use to mixed use - sports pavillion to include provision for childcare facilities (re-submission of S08/1315 to include outdoor play area)

Location Barrowby Sports Pavilion, Low Road, Barrowby

App Type Full Planning Permission

Parish(es) Barrowby

REPORT Application Category This application falls within the category of “Other” development. Reason for Referral to Committee An earlier application was considered by the Committee and there has been local interest in the proposal. The Proposal The proposal concerns the change of use of the existing sports pavilion to a mixed use as a sports changing facility together with a childcare facility to include before and after school, and holiday childcare. The use as a childcare facility is proposed to take place between the hours of 07:30 – 09:00 and 15:30 – 18:00 Monday to Friday, and between 07:30 – 18:00 Monday to Friday, during school holidays. The building is already authorised as a sports changing facility and thus this application is to extend that use to also include the use for childcare provision. This application for a change of use applies to the whole site, but with the childcare use restricted to a certain area defined on the submitted plans. It should also be noted that there has been an earlier planning application (ref S08/1315, which was approved in January 2009). That application permitted a change of use to include childcare provision at the site. However, some of the conditions attached under the previous permission are considered by the applicant to be unworkable. A review of the conditions previously attached has been requested therefore. The current application now also includes an outdoor play area for use in conjunction with the childcare facility.

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A consequence of this application is that certain conditions of the original permission will need to be reviewed. Members may recall that a report on this proposal was put before the Development Control Committee for consideration at your meeting on 17th November 2009. However, following submissions by the applicant’s agent and advice from the Acting Lead Professional, the Chairman agreed to the withdrawal of the application from consideration at that meeting. Since then further discussions have been held with the applicant in an effort in particular to control the use of the access track. The application site and its surroundings The sports pavilion was granted permission in 2007 (S07/1240) and is located towards the north-eastern corner of the playing field within the village of Barrowby. There are dwellings to the eastern boundary of the site/playing field. These dwellings front onto Low Road. Between the pavilion and the principal car park to the south east is an access track, approved and constructed under planning permission S07/1240. Representations Received Local Highways Authority:

“I am not entirely happy that the track will have vehicles and pedestrians on it at the same time. It isn't highway, but there is a duty of care - and I am sure the Parish are well aware. The use of the facility for the children will inevitably mean such dual movements will often be at dawn/dusk or in darkness, and thus a form of lighting would normally be considered appropriate. Alternatively fencing, to separate the pedestrian movements from traffic is an option, channelling pedestrians say, on the residential side of the 'access road’ 25 cars adjacent to the pavilion is excessive for the proposed use. I presume the lower would normally be used for sporting events. Whatever the number of spaces provided at the pavilion end, how will drivers of vehicles wishing to park know when it is full, and not make the journey to 'find out'?”

Environmental Protection:

“I note that it is proposed that the outdoor play area will be re-located and this should have a beneficial effect. I also note the changes to the car parking surface and access road, and have no further comments to make.”

Footpath Officer: Comments that the public right of way should not be affected.

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Representations as a result of publicity A total of 39 objection letters have been received in relation to the proposed development. A petition has also been received by the Local Planning Authority. The issues raised by the objectors include; 1. Unacceptable increase in traffic usage – volume of traffic using the access track. 2. Too many vehicles parking at the pavilion. 3. Erosion of privacy and tranquility. 4. Illegal use of facility for business purposes. 5. Recreation site should not be used for business purposes. 6. The field was left to the children of Barrowby to play in (Note to Members: this is not

a material planning matter). 7. Excessive noise – noise of vehicles on the track and gravel, music from vehicles,

turning round, car doors slamming, people shouting and swearing. 8. Users revving up their cars and then speeding along the track. 9. Increased pollution. 10. Increased danger to children and other users of the field – highway and public

safety. 11. Difficult to enforce usage of the access track. 12. Issues in relation to the sporting facility use - when the pavilion car park is full,

visitors still use the access track and park all over the grass. 13. No confidence in the willingness or ability of the parties to effectively manage traffic

– so far they have failed to do so. 14. People ignore the signs currently in situ. 15. Speed of cars using the track – speed limits ignored. 16. Use for childcare is in breach of a covenant on the land which states it is to be used

for the ‘provision of sports and recreation but not for any other purpose whatsoever’ – (Note to Members: this is a legal matter and not a material planning consideration).

17. Use of the track puts pets and children at risk. 18. Access track should be for emergency vehicles only. 19. Concern that the change of use relates to the whole of the playing field. 20. Concerns that trespassers could gain access to the site and into rear gardens

backing onto the site. 21. Fear of crime and anti-social behaviour; increase in crime since the track has been

in place. 22. Clouds of dust from the gravel car park. 23. If the children can walk from the pavilion to the school, why can’t they walk from the

bottom car park to the pavilion? 24. Use is out of keeping with the area. 25. Outdoor play area will increase the noise disturbance. 26. Light pollution – pavilion lit up until 11pm some nights and lights from cars using the

track. 27. If vehicles are not allowed to use the track it will be safe for parents and children to

walk up. 28. Residents have been sandwiched between two roads. 29. No parking issues on weekdays around the footpath from Low Road to the pavilion,

so why can’t parents park there and walk through? 30. Revised scheme does not overcome concerns of residents.

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31. Applicant’s response is negative and inaccurate. 32. If the track is filled with soil this just washes away and due to frequent use of the

track, grass cannot grow, therefore this proposal will not help to mitigate noise issues.

33. There is not space for 25 vehicles to use the top car park. 34. Parking on the grass near the pavilion should be prohibited. 35. Unworkable to expect residents to enforce the speed limit, fearful of the

consequences of doing so, also residents have neither the equipment or expertise to do so.

36. Needs to be monitoring of car driver behaviour. 37. Proposed surface for the top car park would be an improvement. Since the postponement of the consideration of the application in November 2009 two further letters have been received restating some of the issues set out above but principally complaining about a social function held in the pavilion on New Year’s Eve. Site History S08/1315 – Change of Use to Mixed Use Sports Pavilion and Provision of Before and After School and Holiday Childcare – Approved Conditionally. S07/1240 – Erection of Sports Changing Facilities – Approved Conditionally – Conditions relating to the use of the proposed access track were included within the permission that the track was not to be used by members of the general public. S04/1190 – Erection of Single Storey Sports Changing Facilities – New changing facilities were approved prior to the 2007 application, the 2004 application was for a smaller building and did not include the access track – Approved Conditionally. SK.947/74 – Use of Land for Village Playing Field and Alterations to Existing Access – Reserved Matters - Approved Conditionally. SK.346/74 – Use of Land for Village Playing Field with Alteration to Existing Access – Outline Application - Approved Conditionally. Policy Considerations Saved Policies of South Kesteven Local Plan EN1 – Protection and Enhancement of the Environment vi) Highway Safety vii) Noise REC1 – Protection of Existing Recreational Space

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Key Issues Highway Safety Public Safety Impact on Neighbouring Residential Properties. Assessment It is important to understand the unusual, if not unique, physical location of the various uses on this site. In short the sole vehicular access to the playing fields lies at the southern end of the site. This serves the principal (public) car park. The pavilion however, lies in the north eastern corner of the playing fields and is connected to the car park by a rather narrow service road. This runs close to the eastern boundary of the site and to the bottom of the back gardens of the properties on Low Road. The original permission for the erection of the sports changing facility (S07/1240) was conditioned so as to limit the use of the access track to use by officials etc. only. This was imposed to “to avoid disturbance to neighbouring properties and in the interests of public safety”. The original application proposed that the access track would only be used by officials, team coaches and emergency vehicles, and the condition attached reflected this submission made by the applicants themselves. The use as a childcare facility has since commenced within the pavilion. An application for the change of use to include childcare provision was approved by this authority (S08/1315) in January 2009 following consideration by this Committee. Once again, a condition regarding use of the track was attached, stating that it should be used by staff only. In addition, a condition was also attached requiring parents/guardians using the childcare facility to park in the principal car park adjacent to ‘The Drift’. This current proposal differs from the approved scheme in that the applicants now seek authority to revise or remove the condition(s) so that parents etc. may lawfully use the internal track to access the facility. It was initially suggested by the applicants that a traffic management plan be put forward to address the concerns relating to use of the track, mainly noise and disturbance to neighbouring properties, and safety concerns regarding children and other users of the playing field. There have been a large number of objections received in relation to the current use of the pavilion as a childcare facility (and incidentally to other uses) and the ongoing use of the access track, largely relating to disturbance to occupiers of neighbouring properties and concerns regarding safety of users of the playing field. Due to the level of objection, the traffic management plan was requested prior to the determination of the application, so that neighbours and other statutory bodies could be fully consulted on its contents. The initial traffic management plan submitted by the applicants included speed humps, chicanes etc, but this was considered to be inappropriate as it would create further issues of noise and disturbance and also could restrict access by emergency vehicles to the pavilion. Therefore a further plan was requested, to overcome the major concerns of the Local Planning Authority and local residents. The applicants were informed that if the

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subsequent plan failed to overcome all concerns that the original conditions relating to use of the track would be recommended to be re-imposed on any permission given. The subsequent traffic management plan has gone someway to overcome concerns in relation to noise to occupiers of nearby residential properties. Other matters of disturbance such as light pollution have not been addressed. The traffic management plan states that safety concerns will be overcome by advising users of the speed limit and advising those who do not observe the limit may no longer use the track. It is however clear that these provisions would be difficult to enforce and therefore if the matter is to be resolved it would need a permanent solution to be devised. Since the deferral in November 2009 discussions have continued to be held with the applicants and their agent with a view to achieving a satisfactory resolution of these problems. It is felt that the principal issue is the noise from vehicles using the interconnecting track. Equally, it is acknowledged that, subject to resolution of any potential disturbance problem, it would be unreasonable to try and prevent parents and the like from accessing directly the pavilion building to drop off or collect their children from the (already approved) childcare facility. The track between the car park and the pavilion is some 275m long. It is constructed of “grasscrete” blocks (i.e. hollow concrete blocks filled with soil with the intention that the soil is seeded with grass). The surface is naturally uneven and is both relatively noisy when vehicles are passing over it and it is uncomfortable to walk on and difficult to traverse by say mothers with pushchairs and prams taking their children to the (approved) childcare facility. It is not felt that the retention of this kind of surface is suitable in the longer term and if it were to be retained it is concluded that the present conditions limiting access along it should be retained. One solution put to the applicants (on a without prejudice basis) and accepted by them is to lay a surface of rubber granules on top of the existing track. The granules are loose and need to be restrained by timber baulks to the side. As an experiment the applicants have had laid a small section of this rubber granulled surface and your officer (the Acting Lead Professional) has attended the site when a demonstration of a car driving across the surface was carried out. There was a noticeable reduction in the “rumble” heard from cars driving over the otherwise untreated grasscrete surface and it is concluded that this would offer an acceptable permanent and enforceable solution to the problem. It is relevant to note that the Environmental Health officer had raised no concerns, even with the earlier proposals, as to noise issues. Some local residents and the County Highway Authority have raised concerns about the health and safety issues arising from the proximity of the track to the playing fields (and presumably to the possibility of those on the playing fields running onto the track). The possibility of say a low knee-rail or similar has been considered. However, the playing fields are marked out such that they are close to the track and there is an equal possibility of players injuring themselves by running into the barrier. Since the earlier permission is conditioned such that the childcare and sports uses do not take place at the same time (a conditioned suggested to be brought forward for this approval) then it follows that those conflicts could not arise. It is felt that there is a need to control lighting on the track and a suitable condition is recommended.

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Concerns have been raised by many local residents regarding the change of use to D1 affecting the whole site. However, plan G/1368-30 clearly shows the area where the D1 childcare use will be permitted. For clarification a condition is proposed to be attached to this permission. Whilst the proposal involves the change of use of an area of the existing open space to be used in connection with the childcare facility, the proposed area is relatively very small when considered in the context of the large playing field which will remain. The revised location of the outdoor play area, which is now to be located on the west elevation of the building, is considered to be more appropriate in terms of mitigating noise and disturbance to neighbouring properties. SUMMARY OF REASON(S) FOR APPROVAL The proposal is in accordance with Policy EN1 (vi) (vii) of the Saved Policies of the South Kesteven Local Plan, however, it is considered by the local planning authority that due to concerns in relation to public safety and noise and disturbance to occupiers of adjacent residential dwellings, conditions should be attached to ensure that these concerns are overcome and ensure that the development is satisfactory. The proposed area of open space to be used in connection with the childcare facility is a relatively small area, and it is not considered to be contrary to policy REC1 of the Saved Policies of the South Kesteven Local Plan. 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. The permission hereby granted shall not be taken as authorised unless and until the whole of the track connecting the car park to the area adjacent to the pavilion has been surfaced in rubber granules as shown on the 1:20 cross sectional drawing received under cover of, and further described in, your agent's letter of 19 February 2010. This surfacing material shall be retained thereafter at all times that the premises are operated under the terms of this planning permission. Reason: In the interests of protecting the amenities of adjacent residents.

3. The area of the premises available for the Mixed Use (Sports Pavilion and Childcare Provision) shall relate solely to the area as outlined on plan G/1368-30 Rev A received on 15 September 2009. Reason: For the avoidance of doubt.

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4. The premises as identified in Condition 3 shall not be used for the purposes of Childcare, as authorised by this permission, outside the hours of 07:30 - 09:00 and 15:30 - 18:00 Monday to Friday, and between 07:30 - 18:00 Monday to Friday during school holidays for a maximum of eight weeks per year. Reason: Operation of the use outside these hours would result in unacceptable levels of noise nuisance to local residents contrary to Policy EN1 (vii) of the Saved Policies of the South Kesteven Local Plan.

5. The access track and parking adjacent to the pavilion shall be limited in its use to match officials, team coaches, emergency vehicles and those attending or working at the childcare facility only. Reason: To avoid disturbance to neighbouring properties and in the interests of public safety contrary to Policy EN1 (vi) (vii) of the Saved Policies of the South Kesteven Local Plan.

6. The number of staff and child places shall not exceed 6 members of staff and 32 child places. Reason: Exceeding this capacity could result in increased noise and disturbance to residents of neighbouring properties and have a detrimental impact on parking/highway safety contrary to Policy EN1 (vi) (vii) of the Saved Policies of the South Kesteven Local Plan.

7. The permitted uses within the pavilion, i.e. childcare facility and sports changing facilities shall not take place simultaneously. Reason: Both uses operating at the same time would result in parking and other traffic problems contrary to Policy EN1 (vi) of the Saved Policies of the South Kesteven Local Plan.

8. The pavilion shall be limited in its use to that of Sports Changing/Recreation facilities and a childcare facility and for no other purpose. Reason: An unrestricted permission could result in further noise and disturbance to occupiers of nearby residential properties and in unacceptable levels of car parking and other traffic issues, contrary to Policy EN1 (vi) (vii) of the Saved Kesteven Local Plan.

9. This permission shall not be acted upon unless and until a lighting scheme for the whole site showing existing and any future lighting has been first approved in writing by the local planning authority. The scheme shall show the location of the lights, their level of intensity and proposals for hooding them, if required. Any existing lights shall be changed to accord with the approved scheme, if so required, within

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three months of the approval of the scheme and any further lighting shall be undertaken in accordance with the approved scheme. Reason: In the interests of protecting the amenities of local residents.

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PWM1 S10/0197/OUT Target Decision Date: 05-Apr-2010

Applicant Mr Mark Wakerley 2, Glaisdale Gardens, Grantham, Grantham, Lincolnshire, NG31 8PZ

Agent Mr Martin Kelby, Riverside Design 88, Belton Grove, Grantham, NG31 9HH

Proposal Erection of six dwellings

Location Land At Wyndham Close (R/o 10, 11 & 12 Sandon Road), Grantham

App Type Outline Planning Consent

Parish(es) Grantham

REPORT Application Category This application is categorised as a minor application for outline planning permission. Reason for Referral to Committee Members have already considered this application at the Committee meeting on 16 March 2010. At the committee meeting, the application was deferred in order that members who voted to refuse, could put together a cogent planning reason for refusal. This report combines the content of the original report, the late background papers and a representation received after the late background papers were published. The Proposal The proposal involves the erection of six dwellings with access from the existing turning head at the end of Wyndham Close. The application is in outline form but with matters of layout and access included for consideration in the application. The dwellings would be relatively small, two storey buildings, four, detached and two, semi-detached. Wyndham Close would be extended and a new, larger, turning head would be provided. The application site and its surroundings The site is rectangular in shape and currently forms part of the long, but relatively narrow rear gardens to three dwellings on Sandon Road. The land rises from west to east and includes a number of small trees. The site lies at the end of Wyndham Close, a short, but relatively narrow cul-de-sac serving some 16 dwellings dating from the inter war period. Most of these dwellings have no off street car parking facilities. To the south, beyond the domestic garden of 14 Sandon Road, there is a school and associated playing field.

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Site History

• S07/1573 – erection of two dwellings (outline) - withdrawn 04 January 2008 due to officer concerns about the siting of one of the dwellings.

• S08/1573 - erection of two dwellings (outline) – approved 17 June 2008.

Both of these previous applications involved the part of the current application site closest to Wyndham Close only. The current site is approximately three times larger. Representations Received The Community Archaeologist advises that the proposed development does not affect any known archaeological sites. Local Highway Authority: No objection subject to the following conditions: 1. When application is made for approval of the ‘reserved matters’, that application shall show details of arrangements to enable a motor vehicle to turn within the site so that it can enter and leave the highway in forward gear. Reason: To allow vehicles to enter and leave the highway in a forward gear in the interests of highway safety. 2. Before each dwelling is occupied, the roads and footways providing access to that dwelling, for the whole of its frontage, from an existing public highway, shall be constructed to a specification to enable them to be adopted as highways maintainable at the public expense, less the carriageway and footway wearing courses. The carriageway and footway surface courses shall be completed within three months from the date upon which the erection is commenced of the penultimate dwelling. Reason: To ensure safe access to the site and each dwelling in the interests of residential amenity, convenience and safety. 3. No development shall take place before the detailed design of the arrangements for surface water and foul drainage has been agreed in writing by the local planning authority and no building shall be occupied before it is connected to the agreed drainage system. Reason: To ensure that surface water run-off from the development will not adversely affect, by reason of flooding, the safety and commerce of the residents of the site. Representations as a result of publicity Eight letters of objection have been received. The concerns raised have been summarised below: 1. Overlooking/loss of privacy. 2. Highway/traffic uses – congestion, road too narrow, parking problems. 3. Noise and disturbance during construction. 4. Not in keeping with surrounding area. 5. Excessive number of houses. 6. Loss of biodiversity. 7. Oppressive and intrusive.

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8. Pollution from vehicles. 9. Decrease in property values. Policy Considerations National Policy Planning Policy Statement 1 (PPS1) – Sustainable Development Planning Policy Statement 3 (PPS3) – Housing East Midlands Regional Plan (RSS8) Policy 1: Regional Core Objectives Policy 2: Promoting Better Design Policy 3: Distribution of new development Saved Policies of the South Kesteven Local Plan Policy EN1 (i, ii, iii, iv, v, vi, vii)- Protection and Enhancement of the Environment Policy H6a (i, ii, iii, iv, v) – Housing Key Issues Sustainability Impact on the form and character of the surrounding area Impact on the residential amenities of occupiers of neighbouring properties Traffic and highway safety Officer Evaluation Two dwellings have already been approved on part of this site (S08/0359). The current application involves two dwellings on approximately the same footprint as those already approved together with a further four dwellings to the south. Sustainability The application site is brownfield land within an established urban area which is within easy walking/cycling distance of Grantham town centre and other local services. The site is also relatively well served by public transport. The proposal has a relatively high density and is therefore an efficient use of the land. Taking the above into account it is considered that

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the proposal is in accordance with the sustainability aims of national, regional and local policy. Neighbours’ Amenities The dwellings on the northern part of the site would be aligned with the existing dwellings on Wyndham Close, in a similar position to the dwellings already approved under application S08/0359. It is considered that there would no significant overlooking, overshadowing or loss of privacy as there is adequate separation distance from the rear of the proposed dwellings to the properties to the east and west. It is therefore considered that the proposed development would not be detrimental to the residential amenities of the occupiers of adjacent properties. Highways/Traffic Concerns have been raised about the increase in traffic along Wyndham Road and highway safety and parking implications. At the time of writing, the comments of the Highways Authority have not yet been received. Any comments received will be reported in the late background paper and the evaluation/recommendation amended if necessary. Crime and Disorder Implications The application will not raise any significant issues. Human Rights Implications 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. It is considered that no relevant Article of that act will be breached. Note to Committee The recommendation that follows is the same as that presented to the earlier meeting. Members will recall that the Acting Lead Professional strongly advised Members against refusing the application because no cogent or defensible planning reasons had been put forward at the meeting. At the time of preparing this report the deadline for the receipt of the Member's reasons for refusal had not expired. These will be reported to the Committee on the late items paper. SUMMARY OF REASON(S) FOR APPROVAL It is considered that the proposal for six new dwellings on a brownfield site within an existing urban area, would be an efficient use of the land and complies with the sustainability aims of national regional and local policy.

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The proposal is considered to be in keeping with the built form and character of the surrounding area and by virtue of the modest scale, layout and good separation distance from adjacent dwellings, will not have a detrimental impact on the residential amenities of the occupiers of neighbouring properties. It is therefore considered that the proposal is in accordance with national planning policy given in PPS1 (Sustainable Development), PPS3 (Housing), policies 1, 2, & 3 of the East Midlands Regional Plan and policies H6a(criteria i, ii, iii, iv, v) and EN1(criteria i, ii, iii, iv, v, vi & vii) in the Saved Policies of the South Kesteven Local Plan.There are no material considerations that indicate otherwise, although conditions have been attached. 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 or two years from the approval of the last of the reserved matters, whichever is the later. Reason: To comply with Section 92 (as amended) of the Town and Country Planning Act 1990.

2. Details of the reserved matters set out below shall be submitted to the Local Planning Authority for approval within three years from the date of this permission: (b) scale; (c) appearance; (e) landscaping. Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced. Reason: To enable the Local Planning Authority to control the development in detail and to comply with Section 92 (as amended) of the Town and Country Planning Act 1990.

3. Before the development is commenced there shall be submitted to and approved by the District Planning Authority details (including cross-sections) of the relative heights of existing and proposed ground levels of the site and existing adjoining development and roads. Reason: In the interests of amenity, to ensure a satisfactory development and to ensure that any new development does not impose adversely upon its surroundings and in accordance with Policy EN1 in the Saved Policies of the South Kesteven Local Plan.

4. No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings are occupied or in accordance with a

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timetable agreed in writing with the local planning authority. Development shall be carried out in accordance with the approved details. Reason: To provide a satisfactory appearance by screening rear gardens from public view and in the interests of the privacy and amenity of the occupants of the proposed dwellings and in accordance with saved policy H6 of The South Kesteven Local Plan.

5. When application is made for approval of the 'reserved matters', that application shall show details of arrangements to enable a motor vehicle to turn within the site so that it can enter and leave the highway in forward gear. Reason: To allow vehicles to enter and leave the highway in a forward gear in the interests of highway safety.

6. Before each dwelling is occupied, the roads and footways providing access to that dwelling, for the whole of its frontage, from an existing public highway, shall be constructed to a specification to enable them to be adopted as highways maintainable at the public expense, less the carriageway and footway surface courses. The carriageway and footway surface courses shall be completed within three months from the date upon which the erection is commenced of the penultimate dwelling Reason:To ensure safe access to the site and each dwelling in the interests of residential amenity, convenience and safety.

7. No development shall take place before the detailed design of the arrangements for surface water and foul drainage has been agreed in writing by the Local Planning Authority and no building shall be occupied before it is connected to the agreed drainage system. Reason: To ensure that surface water run-off from the development will not adversely affect, by reason of flooding, the safety and commerce of the residents of the site.

Note(s) to Applicant

1. This site is within 50m of a Land Contamination Concern. Please contact Environmental Protection Services on 01476 406300 for further information.

2. Prior to the commencement of any access works within the public highway, you should contact the Divisional Highways Manager on 01522 782070 for application specification and construction information.

3. You are advised to contact Lincolnshire County Council as the local highway authority for the approval of the road construction specification and programme before carrying out any works on site.

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4. 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.

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RV1 S09/1671/MJRO Target Decision Date: 15-Feb-2010

Applicant Mr C G Richardson Dane House, 7, Stamford Road, Market Deeping, Peterborough, PE68AB

Agent

Proposal Outline: Erection of 8 houses, 9 apartments with 33 ancilliary parking spaces.

Location Bourne Auction Rooms, Spalding Road, Bourne, Lincolnshire, PE10 9LE

App Type Major Outline (Residential)

Parish(es) Bourne

REPORT Application Category This application is categorised as a major application. Reason for Referral to Committee This application has been referred to the Development Control Committee as the site is a major development and an important focal point on Spalding Road. The Proposal This is an outline application for the erection of eight, two bedroomed houses and six, two bedroomed apartments. The application includes the demolition of the two existing buildings, Bourne Auction Rooms and an ancillary storage building. It is proposed that the access serving the thirty three parking spaces will be from Eastgate on the west side of the site. The application site and its surroundings The application site comprises a large painted brick Auction Room on the northern boundary of the site with a red brick storage building in the centre of the plot. The site is surrounded by three roads, Spalding Road to the north and Eastgate to the west and south of the site. There are mature poplar trees on the eastern boundary. A low brick boundary wall demarks the site boundary on the road frontage sides. The site is mainly flat and level with Spalding Road but its location defines the importance of its focal position in the street scene making layout and quality of design critical.

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Site History SK.304/84 – Use of premises for action sales and storage on former BRM premises – Approved 26th June 1984. SK 1021/84 – Remove asbestos cladding to two gables and one side of former BRM premises and replace with dark green plastic coated steel. – Approved 9th October 1984. Representations Received Lincolnshire County Council Highways Division have raised no objections in principle but request conditions be imposed. Bourne Town Council object to the proposal on the following grounds :- 1. The design is out of keeping with the character of the area. 2. Concerns regarding highway safety and traffic impact especially regarding the site entrance. 3. The proposal will have an impact on the neighbouring Grade 2 Listed Building (Eastgate House) and the mature poplar trees bordering the site. The Environment Agency have requested conditions regarding contamination be imposed. The Black Sluice Internal Drainage Board have requested conditions regarding surface water details be imposed and that the existing ground level of the site should not be raised above surrounding land unless measures are taken to prevent possible flooding or water logging of the neighbouring land. Lincolnshire County Council Children’s Services have requested a s.106 Agreement be entered into to secure £16,991 contribution towards education provision for this proposal. Heritage Lincolnshire have requested that a scheme of works condition should be placed on any permission granted with a requirement for the trial trenching to be undertaken prior to the submission of reserved matters. The Tree Officer has indicated that the only trees within the Tree Preservation Order are the Lombardy Poplars adjacent to the eastern boundary and they have been structurally weak for many years. They are not suitable for retention and should be removed before any development commences. Environmental Protection Officer has expressed concern regarding the proximity of houses 1 and 2 to Delaine’s Bus Company and possible disturbance from noise particularly in the late evening and early morning. The Officer has requested that a noise assessment and proposed mitigation measures to protect the occupiers of these be submitted and approved as part of the reserved matters application.

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The Conservation Officer has commented that there are two listed buildings in close proximity to the site. The impact on 6 Spalding Road (early C17) would be limited. However the impact on 5 Eastgate (late C18) will be significant but the extent of the negative impact is difficult to judge on the basis of the indicative layout plan. Notwithstanding the poor quality of the existing buildings on site, the proximity of the proposed houses to the rear boundary of 5 Eastgate is of concern. These will clearly impact on the setting of the Grade 2 building and it would be preferable if they could be sited further north nearer to the Spalding Road frontage. In their current position they will be readily visible in views of the listed building from virtually all directions apart from those looking west along Eastgate. Representations as a result of publicity The application has been advertised in accordance with the adopted Statement of Community Involvement. There have been four representations received with no objections in principle but raising concerns as follows:- 1. In view of proximity of adjacent business with late hours of operation noise attenuation measures will be essential. 2. Traffic assessment required as increased traffic movements in and out of the site will impact on traffic movements in the area especially in view of adjacent bus company. 3. Two storey development would be more in keeping with the area and be less overbearing and overlooking the adjacent Eastgate House and Manton House opposite. 4. Care in the final design will be essential and quality of the materials including red brick to be in keeping with the character of the area will need to be monitored. 5. Existing trees, river bank and open space should be protected during construction and additional planting will help reduce the impact of the scheme. 6. Some occupiers may have more than 1.5 cars. Where will these be parked? 7. There may be some contamination and this should be conditioned to ensure proper clearance. 8. Is it possible to make the development totally sustainable and zero waste? 9. It is hoped once the buildings are demolished the scheme progresses rather than leave a half finished site in a prominent location. 10. It is hoped the disruption from the development while works are carried out will be kept to a minimum. Policy Considerations National Policy PPS 1 - Sustainable Development PPS 3 - Housing. PPG 15 - Planning and the Historic Environment.

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Saved Policies of South Kesteven Local Plan Policy H6(a)(i)(ii)(iii) states that: Planning permission will normally be given for residential development where suitable sites exist within the existing built up area and consideration will be given to (i) The impact of the proposal on the form, character and setting of the settlement and on the community and its local environment, (ii) The availability of utility services and (iii) The provision of satisfactory access. Policy EN1 states that: The visual quality and amenity of the built and countryside environments of the plan area will be conserved and enhanced, development proposals should, (iii) in respect of buildings, reflect the general character of the area through layout, siting, design and materials, (iv) Not intrude into the setting of important buildings, landscape features or prominent views and (vi) Be located where the highway system can adequately and safely accommodate the volume and nature of traffic likely to be generated or incorporate suitable proposals for all necessary improvement. The adopted South Kesteven Interim Housing Policy. Key Issues. The key issues are whether the proposed development is compatible with the residential amenities of neighbouring occupiers, the surrounding area, the impact on the setting of two Grade 2 Listed buildings, the street scene and traffic safety. Crime and Disorder Implications It is considered that the proposed development will not have any significant or detrimental crime and disorder implications. Human Rights Implications 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. It is considered that no relevant Article of that act will be breached. Officer Evaluation The application site constitutes a previously developed site as defined by PPS 3 and is located within a sustainable location. The proposal for the provision of houses and apartments conforms with existing uses surrounding the site with the exception of the bus company business to the east of the site. With regard to the impact on the character of the area the development of the site in principle is acceptable as Bourne is identified as a local service centre. Two storey development would be in keeping with development to the south and east of the site and

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provided the existing building line in this part of the street scene is not compromised the appearance of the area will be maintained. The impact on the amenities of neighbouring residential occupiers should be safeguarded in terms of overlooking, overshadowing or overbearing when the detailed submission of dwelling types is submitted. As the application is only in outline the submitted layout plan is only indicative and may be subject to change at reserved matters stage but it does show that a satisfactory development can be achieved with fourteen units on site. With regards to the impact of traffic, access and parking the Lincolnshire County Council Highways Division have been consulted regarding the development and raise no objections subject to conditions being imposed. With regards to the concerns expressed by the Conservation Officer as the layout plan is only indicative it will be essential at reserved matters stage to ensure that a satisfactory layout and design form is achieved to ensure the character and setting of the listed building is not compromised and the scheme blends with and enhances the character of the area. SUMMARY OF REASON(S) FOR APPROVAL The proposal is in accordance with National Policy PPS1 and PPS3 and Saved Policies H6 (a)(i)(ii)(iii) and EN1 (iii) of the South Kesteven Local Plan. The issues relating to impact upon the character of the building, surrounding area, the street scene and road safety are material considerations but, subject to the conditions attached to this permission, are not sufficient in this case to indicate against the proposal and to outweigh the policies referred to above. 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 or two years from the approval of the last of the reserved matters, whichever is the later.

Reason: To comply with Section 92 (as amended) of the Town and Country Planning Act 1990.

2. Details of reserved matters set out below shall be submitted to the Local Planning Authority for approval within three years from the date of this permission: (a)layout; (b)scale; (c)appearance; (d)access; and (e)landscaping. Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced.

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Reason: To enable the Local Planning Authority to control the development in detail and to comply with section 92 (as amended) of the Town and Country Planning Act 1990.

3. No development shall take place within the application site until the applicant has secured the implementation of a programme of archaeology work in accordance with a written scheme of investigation which has been submitted to and approved by the Local Planning Authority.

Reason: In order to provide a reasonable opportunity to record the history of the site.

4. The existing ground level should not be raised above the level of surrounding land unless measures are taken to prevent possible flooding or water logging of the neighbouring land. Reason: To prevent possible flooding or water logging of surrounding neighbouring land.

5. Prior to the commencement of development hereby approved (or such other date or stage in the development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved by the Local Planning Authority: 1. A preliminary risk assessment which has identified: (a) all previous uses; (b) potential contaminates associated with those uses; (c) a conceptual model of the site indicating sources, pathways and receptors; (d) potentially unacceptable risks arising from contamination at the site. 2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3. The site investigation results and the detailed risk assessment (2) and, Based on these, an options appraisal and remediation strategy giving full details of the remediation measures and how they are to be undertaken. 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and

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indentifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the Local Planning Authority. The scheme shall be implemented as approved. Reason: To prevent the contamination of Controlled Waters.

6. Construction work shall not begin until a scheme for protecting the proposed dwellings from noise from the adjacent Delaine's Bus Company has been submitted to and approved by the local planning authority; all works which form part of the scheme shall be completed before any of the dwellings are occupied. Reason: To prevent disturbance to the amenities of residents living in the proposed development.

7. Before development commences on the site further details relating to the vehicular access to the public highway, including materials, specification of works and construction method shall be submitted to the local planning authority for approval. The approved details shall be implemented on site before the development is first brought into use and thereafter retained at all times. Reason: In the interests of safety of the users of the public highway and the safety of the users of the site.

8. Before the access is brought into use all obstructions exceeding 0.6 metres high shall be cleared from the land between the highway boundary and the vision splays indicated on drawing reference: Site plans at 1:100; 1:150 and 1:200 scale dated 5th March 2010. The footway along Spalding Road shall be locally widened at the junction with Eastgate so that the back edge is constructed in line with the line of visibility. These arrangements shall thereafter be retained.

Reason: In the interests of safety of the users of th public highway and the safety of the users of the site.

9. Before the dwellings are occupied, the access and turning space shall be completed in accordance with the approved plan drawing reference Site Plan dated 2 November 2009 and retained for that use thereafter. Reason: To ensure safe access to the site and each dwelling in the interests of residential amenity, convenience and safety and to allow vehicles to enter and leave the highway in a forward gear in the interests of highways safety.

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10. No development shall take place before the detailed design of arrangements for surface water drainage has been agreed in writing by the local planning authority and no building shall be occupied before it is connected to the agreed drainage system. Reason: To ensure the surface water run-off from the development will not adversely affect, by reason of flooding, the safety, amenity and commerce of the residents of the site.

Note(s) to Applicant 1. This site is within 50m of a Land Contamination Concern. Please contact

Environmental Protection Services on 01476 406300 for further information.

2. Prior to the submission of details for any access works within the public highway you must contact the Divisional Highway Manager on 01522 782070 for application specification and construction information.

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

4. Prior to the submission of the approval for reserved matters you are advised that before preparing detailed drawings you should consult with the Council's Conservation and Planning Officers as the local authority will need to have regard to the character of the locality and in particular the setting of the Grade II listed buildings.

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RV2 S09/2398/MJNF Target Decision Date: 09-Feb-2010

Applicant Mr R Grundy, Swedeponic UK Ltd Swedeponic, Spalding Road, Bourne, Lincolnshire, PE10 0AU

Agent Albion Technical Solutions 8, Malvern Avenue, Spalding, Lincs, PE11 2DG

Proposal Erection of industrial unit loading docks and offices

Location Swedeponic, Spalding Road, Bourne, Bourne, Lincolnshire, PE10 0AU

App Type Major Full (Non-residential)

Parish(es) Bourne

REPORT Application Category This application is categorised as a major application. Reason for Referral to Committee This application has been referred to the development Control Committee as the site is a major development and concerns the expansion of an existing site into open countryside. The Proposal This is an application for the erection of a dispatch building with link back to the existing glasshouses including depressed loading docks and first floor office accommodation. The building is a unit 75 metres long by 30 metres wide with a height to the ridge of 8 metres. The link is a similar structure 15 metres long by 7 metres wide with a height to the ridge of 5 metres. The front area is the despatch area with depressed loading docks adjacent to the existing single depressed loading dock to the east. The larger rear part of the building is the racked storage area. A large concrete pad for pallet storage is proposed to the front and west of the proposed building. The location of the proposal is on the western side of the complex and will alter the appearance of the profile of the site on the approach from Bourne. The application site and its surroundings The application site comprises a large office and glasshouse complex situated on the south side of Spalding Road beyond the development curtilage of Bourne to the east of the Cherry Holt Road industrial area and the Manning Road. The site is flat and is located in a mainly open landscape with some hedging on the site frontage and western boundary of the site. There are no trees affected by the proposal.

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Site History SK.97/0462 – Erection of horticultural glasshouses - Approved conditionally – June 1997. S99/1323 – Extension to existing glasshouse complex – Approved conditionally – February 2000. S05/1212 – Proposed extension to rear and side of existing glasshouse complex and installation of rainwater tanks for irrigation purposes – Approved conditionally – November 2005. S06/0870 – Proposed extension to rear and side of existing glasshouse complex and formation of earth banks to rear of extension – Approved conditionally – August 2006. S09/1601 – Erection of fourteen bay glasshouse – Approved conditionally – September 2009. Representations Received Lincolnshire County Council Highways Division has requested a condition be imposed. Environment Agency initially raised objections on grounds of inadequate Flood Risk Assessment and lack of sequential test to prove need for development to be on this site. This information has now been forwarded to the Agency and they have withdrawn their objections. Black Sluice Drainage Board has no objections provided the rainwater lagoon already approved has the capacity to accept additional flows should a storm event of 50cm occur. With regard to ground level this should not be raised above the level of surrounding land to avoid possible flooding or water logging of neighbouring land. Bourne Town Council welcome the expansion of this successful business. Representations as a result of publicity The application has been advertised in accordance with the adopted Statement of Community Involvement. There have been no comments received. Policy Considerations National Policy PPS1 Sustainable Development PPS7 Sustainable Development in Rural Areas

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PPS25 Development and Flood Risk PPG13 Transport Saved Policies of South Kesteven Local Plan Policy E5 states that: The scale and nature of the proposed development is compatible with existing neighbouring land uses, satisfactory access, servicing and parking facilities can be provided and the proposal does not conflict with other policies of the local plan. Policy EN1 states that: The visual quality and amenity of the built and countryside environments of the plan area will be conserved and enhanced, development proposals should (vii) avoid pollution of their surroundings by noise, toxic or offensive odour or by release of waste products. Key Issues. The key issues are whether the proposed extension is compatible with the existing complex, the surrounding area, the street scene and traffic safety. Crime and Disorder Implications It is considered that the proposed development will not have any significant or detrimental crime and disorder implications. Human Rights Implications 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. It is considered that no relevant Article of that act will be breached. Officer Evaluation. Over a period of twelve years between 1997 and 2009 the site has been developed and continued to expand to its present day level. A recent application to double the size of the glass house growing area was granted in September 2009 and the current proposal is further expansion of the warehousing and office part of the operation to improve loading and unloading to and from the site. The key issue is whether the proposed further expansion of this business in open countryside location is acceptable in terms of visual impact, impact on neighbouring land uses and impact on traffic safety and movements to and from the site.

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The existing buildings are mainly large industrial style units with a 14 bay glass house range to the south and the erection of a further 14 glass houses to the south of the complex approved in September 2009. The present proposal will be in keeping and character with the existing complex. The visual impact on the street scene will be minimal as the distance from the road is significant and there is existing hedge screening. In terms of scale and impact on the open countryside there will be some visual impact but with existing and some additional screening the extension of the existing complex will be acceptable and will enable the expansion of the business. Regarding issues raised by the Environment Agency concerning the Flood Risk Assessment and sequential test being applied to the site following discussions and further information being received, as indicated above, these issues have been resolved. SUMMARY OF REASON(S) FOR APPROVAL The proposal is in accordance with National Policy PPS1 and Saved Policies E5 and EN1 (iii) of the South Kesteven Local Plan. The issues relating to impact upon the character of the building, surrounding area, the street scene and road safety are material considerations but, subject to the conditions attached to this permission, are not sufficient in this case to indicate against the proposal and to outweigh the policies referred to above. 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 take place until full details of the additional soft landscaping details 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 the type of hedging and tree planting proposed together with an implementation programme. Reason: A soft landscaping and tree planting scheme will make an important contribution to the development and its assimilation with its surroundings.

3. The lagoon proposed for the collection of surface water run-off shall have the capacity to accept the additional flows should a storm event of 50mm occur. Reason: To avoid flooding or water logging of neighbouring land.

4. The existing ground levels of the site shall not be raised above the level of surrounding land unless measures have been taken to prevent possible flooding or

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water logging of the neighbouring land. Reason: To avoid flooding or water logging of neighbouring land.

5. Adequate land shall be reserved within the curtilage of the site at all times for the parking loading, unloading and manoeuvring of all vehicles expected to call at the permitted development at any one time. Reason: To enable calling vehicles to wait clear of the carriageway of Spalding Road and to allow vehicles to enter and leave the highway in a forward gear in the interests of highway safety.

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