Planning Application 138660

Waddingham Parish Council  

Your opportunity to Post Comments (see bottom of page)

Planning Application 138660

The comments posted by yourselves here do not get posted to the WLDC Planning Portal. You will need to submit your own individual comments of support or objection to this application. See link below.  You can do this online or in writing. At the moment the closing date for submission is January 2nd.

The information (the blogs)  on this site sets out some of the areas in the documentation of the application that are potentially flawed or in error as well as explaining some of the material considerations that the planning department are likely to take notice of.

General

This application is an outline planning application only with all matters reserved. This means that the following matters are not specified in the application and therefore any pictures or plans included within the application are not definitive and largely impressions that are subject to change :

• appearance – aspects of a building or place which affect the way it looks, including the exterior of the development

• means of access – covers accessibility for all routes to and within the site, as well as the way they link up to other roads and pathways outside the site

• landscaping – the improvement or protection of the amenities of the site and the area and the surrounding area, this could include planting trees or hedges as a screen •

layout – includes buildings, routes and open spaces within the development and the way they are laid out in relations to buildings and spaces outside the development

• scale – includes information on the size of the development, including the height, width and length of each proposed building

Here are so0me links to finding more information on this application

WLDC Planning Application Website Direct Link to this application https://planning.west-lindsey.gov.uk/planning/details.asp?id=138660&nb=1#content

Scroll down to where it shows “Associated Documents and click on it. (you can also access the online comment submission form from here)

This will bring up a new window which will list all the documents associated with this application. There are three web pages available.

The key documents are

Design and Access Statement,

This is largely a series of artist impressions of the site. As indicated above this is just an outline application. The pictures look pretty but are not necessarily what will be built!

Planning Statement

This is the key document for the application.

We need to ensure that statements made by the applicant in this document are true and accurate.

Much in this document refers to the National Planning Policy Framework (July 2018)

Much emphasis will be given to “sustainable development ”

This is a much used term in planning and in the NPPF interpretation is often key as it is a strategic planning framework that seeks to ensure planning follows government guidelines, ensures planning authorities provide consistent results. At the same time it also tries to allow local decisions factor in regianal variances.

Fundamentally the term “sustainable development” should be interpreted as to whether to proposed application will add to the long term benefit to the community in the three areas set out below. Equally Waddingham is a small rural village it is usually necessary for retail services like pubs for example to be able to diversify their services (gastro, accommodation, hosting visiting retail services all things that attract customers. The days of total reliance on only the local residents for economic sustainability are gone as a result of changing lifestyles and legislation (smoking, drink driving, high overheads etc)

For example it can be argued that the housing development with be detrimental to the economic sustainability of the community service provided by the Marquis of Granby as the pub will be unable to diversify it’s services  to attract a wider range of customers  through not being able to hold the community events that it has in the past by using the land for such purposes.

From the sustainability of social  wellbeing the assertion that the land is unrelated to the pub and just scrub fails to recognise the importance of the land itself which has been part and parcel of the function of the pub for over 100 years. In fact the applicant has only owned the pub for two years and have singularly failed to maintain the land which was always regularly mown and which the applicants have never mown the grass or managed the orchard habitat. This site has hosted a range of community services including sports, community celebrations, provision of caravan sites for vistors etc.

Develop your own themes along these lines.

The full NPPF document (76 pages) can be downloaded here

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/740441/National_Planning_Policy_Framework_web_accessible_version.pdf

Alternatively here is a short form version published by HMG   (I need to find it again) here is the text

The UK Government (NPPF) defines Sustainability as covering three dimensions :

International and national bodies have set out broad principles of sustainable development. Resolution 42/187 of the United Nations General Assembly defined sustainable development as meeting the needs of the present without compromising the ability of future generations to meet their own needs. The UK Sustainable Development Strategy Securing the Future set out five ‘guiding principles’ of sustainable development: living within the planet’s environmental limits; ensuring a strong, healthy and just society; achieving a sustainable economy; promoting good governance; and using sound science responsibly.

  1. The purpose of the planning system is to contribute to the achievement of sustainable development. The policies in paragraphs 18 to 219, taken as a whole, constitute the government’s view of what sustainable development in England means in practice for the planning system.
  2. There are three dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles:
  • an economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure
  • a social role – supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being
  • an environmental role – contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.
  1. 3. These roles should not be undertaken in isolation, because they are mutually dependent. Economic growth can secure higher social and environmental standards, and well-designed buildings and places can improve the lives of people and communities. Therefore, to achieve sustainable development, economic, social and environmental gains should be sought jointly and simultaneously through the planning system. The planning system should play an active role in guiding development to sustainable solutions.
  2. Pursuing sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment, as well as in people’s quality of life, including (but not limited to):
  • making it easier for jobs to be created in cities, towns and villages
  • moving from a net loss of bio-diversity to achieving net gains for nature1
  • replacing poor design with better design
  • improving the conditions in which people live, work, travel and take leisure
  • widening the choice of high quality homes.
  1. 10. Plans and decisions need to take local circumstances into account, so that they respond to the different opportunites for achieving sustainable development in different areas.

The presumption in favour of sustainable development

  1. Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise2.
  2. This National Planning Policy Framework does not change the statutory status of the development plan as the starting point for decision making. Proposed development that accords with an up-to-date Local Plan should be approved, and proposed development that conflicts should be refused unless other material considerations indicate otherwise. It is highly desirable that local planning authorities should have an up-to-date plan in place.
  3. The National Planning Policy Framework constitutes guidance3 for local planning authorities and decision-takers both in drawing up plans and as a material consideration in determining applications.
  4. At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking.

For plan-making this means that:

  • local planning authorities should positively seek opportunities to meet the development needs of their area
  • Local Plans should meet objectively assessed needs, with sufficient flexibility to adapt to rapid change, unless:

o   any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole

o   specific policies in this Framework indicate development should be restricted4

  • For decision-taking this means5:
  • approving development proposals that accord with the development plan without delay and
  • where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless:

o   any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole or

o   specific policies in this Framework indicate development should be restricted

  1. Policies in Local Plans should follow the approach of the presumption in favour of sustainable development so that it is clear that development which is sustainable can be approved without delay. All plans should be based upon and reflect the presumption in favour of sustainable development, with clear policies that will guide how the presumption should be applied locally.
  2. The application of the presumption will have implications for how communities engage in neighbourhood planning. Critically, it will mean that neighbourhoods should:
  • develop plans that support the strategic development needs set out in Local Plans, including policies for housing and economic development
  • plan positively to support local development, shaping and directing development in their area that is outside the strategic elements of the Local Plan
  • identify opportunities to use Neighbourhood Development Orders to enable developments that are consistent with their neighbourhood plan to proceed

Core planning principles

  1. Within the overarching roles that the planning system ought to play, a set of core land-use planning principles should underpin both plan-making and decision-taking. These 12 principles are that planning should:
  • be genuinely plan-led, empowering local people to shape their surroundings, with succinct local and neighbourhood plans setting out a positive vision for the future of the area. Plans should be kept up-to-date, and be based on joint working and co-operation to address larger than local issues. They should provide a practical framework within which decisions on planning applications can be made with a high degree of predictability and efficiency
  • not simply be about scrutiny, but instead be a creative exercise in finding ways to enhance and improve the places in which people live their lives
  • proactively drive and support sustainable economic development to deliver the homes, business and industrial units, infrastructure and thriving local places that the country needs. Every effort should be made objectively to identify and then meet the housing, business and other development needs of an area, and respond positively to wider opportunities for growth. Plans should take account of market signals, such as land prices and housing affordability, and set out a clear strategy for allocating sufficient land which is suitable for development in their area, taking account of the needs of the residential and business communities
  • always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings
  • take account of the different roles and character of different areas, promoting the vitality of our main urban areas, protecting the Green Belts around them, recognising the intrinsic character and beauty of the countryside and supporting thriving rural communities within it
  • support the transition to a low carbon future in a changing climate, taking full account of flood risk and coastal change, and encourage the reuse of existing resources, including conversion of existing buildings, and encourage the use of renewable resources (for example, by the development of renewable energy);
  • contribute to conserving and enhancing the natural environment and reducing pollution. Allocations of land for development should prefer land of lesser environmental value, where consistent with other policies in this Framework
  • encourage the effective use of land by reusing land that has been previously developed (brownfield land), provided that it is not of high environmental value
  • promote mixed use developments, and encourage multiple benefits from the use of land in urban and rural areas, recognising that some open land can perform many functions (such as for wildlife, recreation, flood risk mitigation, carbon storage, or food production)
  • conserve heritage assets in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of this and future generations
  • actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable
  • take account of and support local strategies to improve health, social and cultural wellbeing for all, and deliver sufficient community and cultural facilities and services to meet local needs

The following two reports are concerned with the applicant attempting to mitigate the previous applications 136796 (TPS) and 129108 (Punch)

Aboricultural

The previous applications were refused because the planners (and at appeal) regarded the old orchard of veteran trees as providing a valuable habitat and an important character element for the site and as viewed from High Street. The trees therefore should be retained.

In both of the TPS applications the tree report is exactly the same (check out on the WLDC planning website for the original), and states that the survey was done in February 2017.

However in the current application two trees have disappeared. These trees raised concern that their location in two of the rear gardens would raise issues about retention and maintenance by new owners. The two missing trees were two of the best trees identified in the original TPS survey (rated A1 and B1)

The applicant cut down (actually butchered) these two trees in October presumably to avoid potential issues about retention etc. As the trees were previously identified as important habitat in the previous application this should not have happend

You might like to know that regular bird visitors to the habitat are:

Blackbirds (hundreds feed here on fallen apples), Field Fares, wrens, bluetits, chaffinch, bullfinch, pied wagtails. robins, woodpecker, sparrows (house and hedge), Jay, pigeon, collared dove and others. The site also supports a range of small mammals like voles, and mice as well as amphibians such as frogs, newts and toads

Noise Report

This aspect was given as a key reason for refusing the previouis application

In this document the applicant is suggesting that a 2m high acoustic screen around the beer garden will attenuate noise reaching the new and existing houses.  Also the new houses will be fitted with acoustic glass (basically triple glazing) It should be remembered that acoustic screens are largely ineffective if there is line of sight from within the beer garden to windows in the houses. The brick piles are just over 2m high in the car park. Go stand in the beer garden and see what your line of site might be related to the upstairs windows of the new houses. Also the glass solution presumes people don’t want to sleep with their windows open.

Also consider whether a two metre screen around the beer garden with enhance the attractiveness of the garden for customers (think of it as sitting in a box.

Reference to the original application by Punch 129108 Design and Access Statement also show something not included with this current application is that the ground rises towards Joshua Way. Look at where the bedroms would have been for Plot 7 in 129108. This equates to the current 4 bed house in 138660.

Traffic Survey

This is largely irrelevant as the time the survey was carried over was between 09:00am and 17:00pm fails to recognise that peak travel volumes and maximum pedestrian use occurs between 07:00am  and 08:45am  (commuters and school children/parents negotiating the largely blind corner outside the pub.

These following reports are statutory consultees, it is interesting to see whether you agree with their findings or want to challenge the fact that they are somewhat non committal in their detail. Also if you have historical evidence to challeng these please let us know

Rights of Way

Natural England

Material Considerations

When making comments to WLDC you need to bear in mind what considerations WLDC Planning will consider material. The following list is from WLDC Planning website

Material and Non Material Considerations

When making comments on a planning application there are certain issues which are considered during the planning process and some which are not. The lists below are not exhaustive but give common examples of material considerations which can be taken into account and non-material considerations which cannot.

Material Consideration


Loss of light or overshadowing

Overlooking/loss of privacy

Visual amenity (but not loss of private view)

Adequacy of parking/loading/turning

Highway safety

Traffic generation

Noise and disturbance resulting from use

Hazardous materials

Smells

Loss of trees

Effect on listed building and conservation area

Layout and density of building

Design, appearance and materials

Landscaping

Road access

Local, strategic, regional and national planning policies

Government circulars, orders and statutory instruments

Disabled persons’ access

Compensation and awards of costs against the Council at public enquiries

Proposals in the Development Plan

Previous planning decisions (including appeal decisions)

Nature conservation

Archaeology

Flood risk

Scale and dominance

Sustainability

Impact on community & other services

Impact on character

Non Material Consideration


The perceived loss of property value

Private disputes between neighbours

The loss of a view

The impact of construction work or competition between firms

Restrictive covenants

Ownerships disputes over rights of way

Fence lines etc

Personal morals or views about the applicant.

Too many already

Damage to property fears

Where other controls exist

Other private rights

Disturbance during development

Maintenance of property

Author: colin

3 thoughts on “Planning Application 138660

  1. Thanks yes it is definitely not flat especially westwards but less so southwards I will take a closer look at the notice as it should have gone up earlier and check the dates. Hopefully you are correct as I was getting a bit tight for time.
    I am currently working on a draft response for the PC which as soon as I get the structure sorted will put up here as a work in progress.

    1. Great stuff! There are 4 residents comments on the planning portal so far – there could be plenty in the pipeline as the staff have to process them before they are displayed. We’re working on ours as well right now!

  2. Hi Colin,

    Great guidance notes thanks! We have now seen a notice (placed opposite the pub outside Piano Cottage) put up on 20th December. The date for comments seems to now be 13th January.

    PS: we just wandered round the back and looked at the lie of the land. It sure isn’t flat!

    Cheers,
    Justine

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