Parish Council Agenda 12th Nov
WITHERN WITH STAIN & TOTHILL PARISH COUNCIL
https://withernstaingov.uk
Parish Clerk: Email: parishclerk@withernstaingov.uk
Vicky Kendall
The Parish Council Meeting is scheduled for Tuesday, 12th November 2024, in Withern Village Hall.
At the official start of the meeting at 7 pm, there will be a 15-minute public session. This is an opportunity for members of the public to raise any matters of concern with the council. The Parish Council meeting will commence immediately after this public session.
During the Parish Council meeting, members of the public may only speak if the Chairman allows them to clarify a point. This process ensures that the meeting runs smoothly and efficiently.
Vicky Kendall Clerk and RFO 06th November 2024
A G E N D A
70. Apologies for absence
71. To approve the minutes of the previous meeting – 1st October 2024
72. Update from those minutes (if any available)
a. GDF
b. NG upgrade
73. Updates from EDLC and LCC representatives
74. Planning applications: The Red Lion Conversion – Decision (See attached)
75. Update from Cllr Sear on Pavements in the Village
76. Update from Cllr Sear on the crossing outside the school following meeting 6th November 2024
77. Update on new Cllr search.
78. Financial:
a. To approve/pay the following and produce cheques for signature:
i. Clerk Salary - October (VK) inc Pay increase backdated £114.29
ii. Previous Clerk backdated pay increase £30.40
b. Budget for the rest of the year
79. Any other matters for inclusion in the next agenda
80. Dates of next meetings:
a. 17th December 2025
b. 4th February 2025
c. 18th March 2025
d. 29th April 2025
e. 27th May 2025 – Annual Parish Council Meeting
Red Lion Planning Decision:
Town and Country Planning Act 1990
FULL PLANNING PERMISSION
Agent/Applicant's Name & Address Applicant's Name & Address
Ms. S. Boulton,
Lloyd Harden Design,
36 Main Street,
Lubenham,
MARKET HARBOROUGH.
LE16 9TF Red Lion Withern Development Limited,
111 New Union Street, COVENTRY.
CV1 2NT
Part I - Particulars of Application
Date received Application Number 20/06/2024 N/212/00557/2024
Particulars and location of the development
PROPOSAL: Planning Permission - Change of use, conversion of and alterations to public house to form 4no. dwellings, the erection of 4no. dwellings, and the construction of a vehicle access road.
LOCATION: THE RED LION, MAIN ROAD, WITHERN, ALFORD, LN13 0NB
Part II - Particulars of decision
In pursuance of its powers under the Town and Country Planning Act 1990, the East Lindsey District Council grants permission for the carrying out of the development referred to in Part I hereof in accordance with the application and plans submitted subject to the following conditions:
1. The development hereby permitted shall begin not later than 3 years from the date of this decision.
Reason: As required by Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. The development hereby permitted shall be carried out in accordance with the following approved drawings and other documents, and any drawings approved subsequently in writing by the Local Planning Authority pursuant to any conditions on this decision letter.
2307-03-100 Rev B Received by the LPA 11/10/24
2307-03-105 Rev W Received by the LPA 11/10/24
29017 - SK01 Received by the LPA 11/10/24
2307-03-1000 Rev M Received by the LPA 30/08/24
2307-03-1005 Rev N Received by the LPA 30/08/24
2307-03-1010 Rev L Received by the LPA 30/08/24
2307-03-1100 Rev L Received by the LPA 30/08/24
2307-03-1105 Rev M Received by the LPA 30/08/24
2307-03-125 Rev H Received by the LPA 30/08/24
2307-03-200 Rev H Received by the LPA 30/08/24
2307-03-325 Received by the LPA 30/08/24
2307-03-350 Received by the LPA 30/08/24
2307-03-300 Rev I Received by the LPA 30/08/24
Reason: For the avoidance of doubt and in the interests of proper planning.
3. Prior to the first occupation of the development hereby permitted, the approval of the Local Planning Authority is required to a scheme of landscaping and tree planting for the site indicating, inter alia, the number, species, heights on planting and positions of all the trees, together with details of post-planting maintenance. Such scheme as is approved by the Local Planning Authority shall be carried out in its entirety within the first planting season following the date on which development is commenced or in line with a phasing strategy agreed in writing with the Local Planning Authority. All trees, shrubs and bushes shall be maintained by the owner or owners of the land on which they are situated for the period of five years beginning with the date of completion of the scheme and during that period all losses shall be made good as and when necessary.
Reason: To ensure that the landscape enhancement measures detailed in the application are implemented on site and to provide biodiversity enhancements to achieve compliance with SP10 and SP24 of the East Lindsey Local Plan and the National Planning Policy Framework .
4. The development hereby permitted shall not be commenced until further investigation has been carried out to fully and effectively characterise the nature and extent of any land contamination and/or pollution of controlled waters. It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle, in order that any potential risks are adequately assessed taking into account the sites existing status and proposed new use. Two full copies of the site investigation and findings shall be forwarded to the Local Planning Authority prior to the commencement of works.
Reason: To ensure potential risks arising from previous site uses have been fully assessed in accordance with the requirements of the National Planning Policy Framework.
5. Where the risk assessment identifies any unacceptable risk or risks, a detailed remediation strategy to deal with land contamination and/or pollution of controlled waters affecting the site shall be submitted and approved by the LPA. No works, other than investigative works, shall be carried out on the site prior to receipt of written approval of the remediation strategy by the Local Planning Authority.
Reason: To ensure potential risks arising from previous site uses have been fully assessed in accordance with the requirements of the National Planning Policy Framework.
6. Remediation of the site shall be carried out in accordance with the approved remediation strategy. No deviation shall be made from this scheme.
Reason: To ensure potential risks arising from previous site uses have been fully assessed in accordance with the requirements of the National Planning Policy Framework.
7. On completion of remediation, two copies of a validation report shall be submitted to the Local Planning Authority. The report shall provide validation and certification that the required works regarding contamination have been carried out in accordance with the approved Method Statement. Post remediation sampling and monitoring results shall be included in the closure report.
Reason: To ensure potential risks arising from previous site uses have been fully assessed in accordance with the requirements of the National Planning Policy Framework.
8. If during redevelopment contamination not previously considered is identified, then the Local Planning Authority shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the LPA. On completion of the development the LPA shall be notified in writing if no additional contamination was identified during the course of the development and the dwellings hereby permitted shall not be occupied until the LPA has acknowledged receipt of the same.
Reason: To ensure potential risks arising from previous site uses have been fully assessed in accordance with the requirements of the National Planning Policy Framework.
9. No development shall take place until a surface water drainage scheme for the site, based on sustainable urban drainage principles and an assessment
of the hydrological and hydrogeological context of the development has been submitted to and approved in writing by the Local Planning Authority.
The scheme shall:
a) Provide details of how run-off will be safely conveyed and attenuated during storms up to and including the 1 in 100 year critical storm event, with an allowance for climate change, from all hard surfaced areas within the development into the existing local drainage infrastructure and watercourse system without exceeding the run-off rate for the undeveloped site; b) Provide attenuation details and discharge rates;
c) Provide details of the timetable for and any phasing of implementation forthe drainage scheme; and
d) Provide details of how the scheme shall be maintained and managed overthe lifetime of the development, including any arrangements for adoption by any public body or Statutory Undertaker and any other arrangements required to secure the operation of the drainage system throughout its lifetime. The development shall be carried out in accordance with the approved drainage scheme and no dwelling shall be occupied until the approved scheme has been completed or provided on the site in accordance with the approved phasing. The approved scheme shall be retained and maintained in full in accordance with the approved details.
Reason: To ensure that the site is adequately drained and to avoid pollution. This condition is imposed in accordance with SP16 of the East Lindsey Local Plan and the National Planning Policy Framework.
10. No development shall commence until a foul water strategy has been submitted to and approved in writing by the Local Planning Authority. No building shall be occupied until the works have been carried out in accordance with the foul water strategy so approved.
Reason: To ensure the most sustainable foul water drainage is secured and to prevent deterioration to the water environment in accordance with SP16 of the East Lindsey Local Plan.
11. The development shall only proceed in accordance with the recommendations detailed in the Preliminary Ecological Appraisal and Roost Assessment by Arbtech, dated 15th May 2024, including, but not limited to the submission of a Bat Survey, and the precautionary working method relating to Great Crested Newts.
Reason: To protect wildlife at the site in accordance with SP24 of the East
Lindsey Local Plan and in accordance with the National Planning Policy Framework.
12. Notwithstanding the provisions of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any Order or Statutory Instrument revoking and re-enacting that Order), unless otherwise show on the approved plans, none of the following developments or alterations shall be carried out without express planning permission having been granted:
i) the erection of freestanding curtilage buildings or structures including car ports, garages, sheds, greenhouses, pergolas or raised decks;
ii) the erection of house extensions including dormer windows, conservatories, garages, car ports, porches or pergolas;
Reason: In order to protect the integrity for the development, the visual amenity in which it is set and the wider rural character of the area in accordance of SP10 of the East Lindsey Local Plan.
13. No development shall take place until a written scheme of archaeological investigation has been submitted to and approved by the Local Planning Authority. This scheme should include the following:
1. An assessment of significance and proposed mitigation strategy (i.e.preservation by record, preservation in situ or a mix of these elements).
2. A methodology and timetable of site investigation and recording.
3. Provision for site analysis.
4. Provision for publication and dissemination of analysis and records.
5. Provision for archive deposition.
6. Nomination of a competent person/organisation to undertake the work.
The scheme of archaeological investigation must only be undertaken in accordance with the approved details.
Reason: To ensure the preparation and implementation of an appropriate scheme of archaeological mitigation in accordance with paragraphs 128 and 129 of the National Planning Policy Framework.
14. The archaeological site work must be undertaken only in full accordance with the approved written scheme referred to in the above Condition. The applicant will notify the Local Planning Authority of the intention to commence at least fourteen days before the start of archaeological work in order to facilitate adequate monitoring arrangements. No variation shall take place without prior consent of the Local Planning Authority.
Reason: To ensure satisfactory arrangements are made for the recording of possible archaeological remains in accordance with paragraphs 128 and 129 of the National Planning Policy Framework.
15. A report of the archaeologist’s findings shall be submitted to the Local Planning Authority and the Historic Environment Record Officer at Lincolnshire County Council within 3 months of the works hereby given consent being commenced unless otherwise agreed in writing by the Local Planning Authority; and the condition shall not be discharged until the archive of all archaeological work undertaken hitherto has been deposited with the County Museum Service, or another public depository willing to receive it.
Reason: In order to ensure that satisfactory arrangements are made for the investigation, retrieval and recording of any possible archaeological remains on the site and in accordance with paragraphs 128 and 129 of the National Planning Policy Framework.
16. The dwellings shall not be occupied until the Building Regulations Part G (2)(b) standards limiting water consumption to 110 litres per person per day has been complied with.
Reason: To reduce demand for finite resources as the district is in a water scarce area. This condition is imposed in accordance with SP10 of the East Lindsey Local Plan.
17. Prior to the development hereby permitted first being brought into use details of the provisions for the storage and disposal or recycling of refuse shall have been submitted to and approved in writing by the Local Planning Authority. Such provisions shall be constructed prior to the first occupation of the buildings and shall thereafter be made permanently available for the occupants of the buildings
Reason: To ensure refuse and recycling collection can be satisfactorily provided.
18. No development shall take place until a full schedule of the materials 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 the appearance of the development is satisfactory in accordance with policy SP10 of the Local Plan.
19. Details of a bird and/or bat nesting boxes / bricks for each dwelling shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the site. The details shall include the exact location, specification and design of the habitats. The nesting boxes / bricks shall be provided strictly in accordance with the details so approved, installed prior to the first occupation of the building to which they form part or the first use of the space in which they are contained and shall be maintained as such thereafter.
Reason - To provide biodiversity enhancement in accordance with Local Plan Policy SP24.
POSITIVE AND PROACTIVE STATEMENT:-
The Local Planning Authority have worked with the applicants and their agent in a positive and proactive manner to seek solutions to issues arising, during consideration of the application and now consider the proposal is acceptable and there is compliance with the relevant Development Plan Policies and also the National Planning Policy Framework.
NOTES TO APPLICANT:
. Anglian Water has assets close to or crossing this site or there are assets subject to an adoption agreement.
Therefore the site layout should take this into account and accommodate those assets within either prospectively adoptable highways or public open space. If this is not practicable then the sewers will need to be diverted at the developers cost under Section 185 of the Water Industry Act 1991. or, in the case of apparatus under an adoption agreement, liaise with the owners of the apparatus. It should be noted that the diversion works should normally be completed before development can commence.
. Wastewater Treatment
The foul drainage from this development is in the catchment of Strubby
Water Recycling Centre that will have available capacity for these flows. When assessing the receiving water recycling centre’s(WRC) dry weather flow(DWF) headroom we take an average flow over the past 5 years to take account of changing weather patterns. Where the average exceeds the WRC’s
permitted allowance we also take account of the following Environment Agency enforcement trigger - "has the DWF permit been exceeded in 3 of the last 5 years" – this must include non-compliance from the last annual data return.
Based on the above assessment Strubby WRC is within the acceptance parameters and can accommodate the flows from the proposed growth.
. Used Water Network
This response has been based on the following submitted documents: Proposed Drainage Plan The sewerage system at present has available capacity for these flows. If the developer wishes to connect to our sewerage network they should serve notice under Section 106 of the Water Industry Act 1991. We will then advise them of the most suitable point of connection. 1. INFORMATIVE - Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required
by Anglian Water, under the Water Industry
Act 1991. Contact Development Services Team 0345 606 6087. 2. INFORMATIVE - Protection of existing assets - A public sewer is shown on record plans within the land identified for the proposed development. It appears that development proposals will affect existing public sewers. It is recommended that the applicant contacts Anglian Water Development Services Team for further advice on this matter. Building over existing public sewers will not be permitted (without agreement) from Anglian Water. 3. INFORMATIVE - Building near to a public sewer - No building
will be permitted within the statutory easement width of 3 metres from the pipeline without agreement from Anglian Water. Please contact Development Services Team on 0345 606 6087. 4. INFORMATIVE: The developer should note that the site drainage details submitted have not been approved for the purposes of adoption. If the developer
wishes to have the sewers included in a sewer adoption agreement with Anglian Water (under Sections 104 of the Water Industry Act 1991), they should contact our Development Services Team on 0345 606 6087 at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with Sewers for Adoption guide for developers, as supplemented by Anglian Water’s requirements.
. Surface Water Disposal
The preferred method of surface water disposal would be to a sustainable drainage system (SuDS) with connection to sewer seen as the last option. Building Regulations (part H) on Drainage and Waste Disposal for England includes a surface water drainage hierarchy, with infiltration on site as the preferred disposal option, followed by discharge to watercourse and then connection to a sewer.
From the details submitted to support the planning application the proposed method of surface water management does not relate to Anglian Water operated assets. As such, we are unable to provide comments in the suitability of the surface water management. The Local Planning Authority should seek the advice of the Lead Local Flood
Authority or the Internal Drainage Board. The Environment Agency should be consulted if the drainage system directly or indirectly involves the discharge of water into a watercourse. Should the proposed method of surface water management change to include interaction with Anglian Water operated assets, we would wish to be reconsulted to ensure that an effective surface water drainage strategy is prepared and implemented
. Biodiversity Net Gain
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning
Act 1990 is that planning permission granted for development of land in England is deemed to have been granted subject to the condition (biodiversity gain condition) that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority,and
(b) the planning authority has approved the plan.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan, if one is required in respect of this permission would be East Lindsey District Council.
There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These are listed below.
Based on the information available, this permission is considered to be one which will not require the approval of a biodiversity gain plan before development is begun because one or more of the statutory exemptions or transitional arrangements in the list below is/are considered to apply.
Statutory exemptions and transitional arrangements in respect of the biodiversity gain condition.
1. The application for planning permission was made before 12 February2024.
2. The planning permission relates to development to which section 73A ofthe Town and Country Planning Act 1990 (planning permission for development already carried out) applies.
3. The planning permission was granted on an application made undersection 73 of the Town and Country Planning Act 1990 and
(i)the original planning permission to which the section 73 planning permission relates* was granted before 12 February 2024; or
(ii)the application for the original planning permission* to which the section 73 planning permission relates was made before 12 February 2024.
4. The permission which has been granted is for development which isexempt being:
4.1 Development which is not ‘major development’ (within the meaning ofarticle 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015) where:
iii) the application for planning permission was made before 2 April 2024; iv) planning permission is granted which has effect before 2 April 2024; or
v) planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 where the original permission to which the section 73 permission relates* was exempt by virtue of (i) or (ii).
4.2 Development below the de minimis threshold, meaning developmentwhich:
i) does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and
ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).
3 Development which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A “householder application” means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building.
4 Development of a biodiversity gain site, meaning development which is undertaken solely or mainly for the purpose of fulfilling, in whole or in part, the Biodiversity Gain Planning condition which applies in relation to another development, (no account is to be taken of any facility for the public to access or to use the site for educational or recreational purposes, if that access or use is permitted without the payment of a fee).
5 Self and Custom Build Development, meaning development which:
i) consists of no more than 9 dwellings;
ii) is carried out on a site which has an area no larger than 0.5 hectares; and
iii) consists exclusively of dwellings which are self-build or custom housebuilding (as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015).
4.5 Development forming part of, or ancillary to, the high speed railway transport network (High Speed 2) comprising connections between all or any of the places or parts of the transport network specified in section 1(2) of the High Speed Rail (Preparation) Act 2013.
* “original planning permission means the permission to which the section 73 planning permission relates” means a planning permission which is the first in a sequence of two or more planning permissions, where the second and any subsequent planning permissions are section 73 planning permissions.
Irreplaceable habitat
If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.
. The road serving the permitted development is approved as a private road which will not be adopted as a Highway Maintainable at the Public Expense (under the Highways Act 1980). As such, the liability for the future maintenance of the road will rest with those who gain access to their property from it.
. Please contact the Lincolnshire County Council Streetworks and Permitting Team on 01522 782070 to discuss any proposed statutory utility connections, Section 50 licences and any other works which will be required within the public highway in association with the development permitted under this Consent. This will enable Lincolnshire County Council to assist in the coordination and timings of these works. For further guidance please visit the Highway Authority’s website via the following link: Traffic Management - https://www.lincolnshire.gov.uk/traffic-management
. The permitted development requires the formation of new/amended vehicular accesses. These works will require approval from the Highway Authority in accordance with Section 184 of the Highways Act. Any traffic management required to undertake works within the highway will be subject to agreement. The access must be constructed in accordance with a current specification issued by the Highway Authority. Any requirement to relocate existing apparatus, underground services, or street furniture because of the installation of an access will be the responsibility, and cost, of the applicant and must be agreed prior to a vehicle access application. The application form, costs and guidance documentation can be found on the Highway Authority’s website, accessible via the following link: https://www.lincolnshire.gov.uk/licences-permits/apply-dropped-kerb .
Dated: 22/10/2024 Signed:
Phil Norman
Assistant Director – Planning and Strategic
Infrastructure
(Chief Planning Officer)
Tel. No. 01507 601111
EAST LINDSEY DISTRICT COUNCIL, THE HUB, MAREHAM ROAD, HORNCASTLE, LINCS.
LN9 6PH