planning applications for determination - west...

Go to minutePL.26 10/11

PLANNING COMMITTEE

Date: 15 December 2010

Subject: Planning Applications for Determination Report by:

Director of Strategy & Regeneration

Contact Officer:

Mark Sturgess Development Services Manager 01427 676687 [email protected]

Purpose / Summary:

The report contains details of planning applications that require determination by the committee together with appropriate appendices.

RECOMMENDATION(S): Each application has a recommendation within the report

mailto:[email protected]

IMPLICATIONS

Legal: Still awaiting consideration by Shared Services Legal Advisors

Financial: None

Staffing: None

Equality and Diversity including Human Rights:

NB: A full impact assessment HAS TO BE attached if the report relates to any new or revised policy or revision to service delivery/introduction of new services.

Each planning application has been as sessed to consider Human Rights implications especially with regard to Arti cle 8 – right to respect for private and family life and Protocol 1, Article 1 – protection of property and balanc ing the public interest and well-being of the community within these rights.

Risk Assessment: N/A

Climate Related Risks and Opportunities:

Background Papers:

The following background papers were used in the preparation of this report.

Title: Location of Background Papers:

None

Call in and Urgency:

Is the decision one to which Rule 14 of the Scrutiny Procedure Rules apply?

Yes No X

Key Decision:

Yes No X

Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office ©Crown copyright.Unauthorised reproduction infringes ©Crown copyright and may lead to prosecution or civil procidings.West Lindesy District Council Licence No. LA 100018701 2010

LOCATION: RISEHOLME APPLICATION NO.: 126210 & 126211 SITE AREA: 0.796 ha SCALE 1:5000

ITEM 1

Committee Report Application Nos: 126210 and 126211 PROPOSAL: Planning Application for conversion of nursing home to bed and breakfast accommodation and listed building consent for the associated works LOCATION: Riseholme Grange St. Georges Lane Riseholme Lincs WARD: Nettleham WARD MEMBER(S): Cllr A Frith, Cllr M Leaning APPLICANT NAME: Mr and Mrs L Durasamy TARGET DECISION DATE: 29/09/2010 DEVELOPMENT TYPE: Change of Use CASE OFFICER: Fran Bell RECOMMENDED DECISION: Grant planning permission and listed building consent Description: Riseholme Grange is a substantial building with a range of outbuildings linked by a modern two storey extension standing in extensive grounds on the north side of St George’s Lane. Access is along a tree lined private drive which doubles up as access to a County Council laboratory located immediately behind the Grange. The plan is to convert the buildings to form bed and breakfast accommodation. This comprises one family suite, 16 guest bedrooms, 4 apartments (one 1-bed the others 2 bed) and some owner’s accommodation. There will also be ancillary kitchen, sitting and dining rooms. The access driveway is to be re-routed to take it away from the front of the building and some garages there will be removed. A detailed specification for the alterations required has been provided along with a Design and Access Statement. Relevant history: Originally built as a house, the property has had other uses in recent times, as a social club into the 1970s and then as a residential home up to its closure. Following this, permission was granted to convert it to offices (although this has lapsed), and a more recent attempt to obtain the same permission was refused on grounds of sustainability. In the interim a proposal for large scale extensions to facilitate its alteration to a secure adult psychiatric unit was refused and a recent application for four dwellings turned away too as the details provided were inadequate. Permission and consent were granted in 2009 for conversion to three dwellings.

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The current proposals have been the subject of pre-application discussions. Representations: Chairman/Ward member(s): None received. Parish/Town Council/Meeting: Support proposal which preserves Grade II building and generally supportive of use but rooms seem cramped – number of guest rooms overly ambitious and concern that if holiday accommodation demand is not there, then may let to homeless or others needing emergency accommodation. St George’s Lane is a quiet rural lane with no public transport or facilities for those without private transport. Must be explicitly for use as holiday or tourist accommodation. Local residents: Letters from 10 local residents with various concerns:

Principle: no objection to previously approved 3 dwellings – less traffic movement; contrary to policies STRAT1, CRT16 and CRT17; Council would be inconsistent to grant permission; Grade II building safeguarded by previous residential proposal; need and sustainability have not been established; nature of area will change from residential to commercial with some housing; hotel would be more accurate description.

Bed and breakfast use: concern that living accommodation would

become permanent long term lets, homeless accommodation or a hostel and not for holiday use; kitchen, dining room and laundry inadequate for needs of 16 rooms; rooms appear single occupancy; proposed change to B&B contrary to residential area; excess of B&B rooms in Lincoln except for Christmas Market so don’t need more; isolated from Lincoln “entertainments”; what happens in low season; treble occupancy level of St George’s Lane; proposal too big for location; numbers of occupants too great for site.

Security: similar property on Riseholme Road has bedsit rooms to

which Police are always being called and do not want same situation on St George’s Lane; no crime prevention measures – St George’s Lane previously been hit by arson.

Traffic/ road: increase in traffic – guests, deliveries, refuse etc.; already

heavy traffic to Lincs Lab; road safety – speeds are uncontrolled and excessive; limited parking and manoeuvring space; damage to road and verges; private lane with no pavement serving eight residents; residents responsible for maintenance of lane; no bus service this side of A46; hazardous entry to St George’s Lane for unfamiliar user; public footpath well used; no speed restriction; no street lighting; lack of staff parking; traffic issues not covered; land can be seen from footpath; lane too narrow.

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Signage: object to signage at top of lane – also distract motorists on approach to busy roundabout.

Other: no details of external lighting – will all of driveway be lit; increase

in noise and light pollution; previous problem with septic tank and current application would result in greater volume of waste than previous permissions; no business operating for last five years; doors not suitable for disabled and only one accessible toilet.

Also received representation from Mouchel re Lincs Lab. They are anxious that site is developed appropriately so as not to compromise County Council facility (Lincs Lab and depot) to the north, re-aligned driveway (which will also serve County Council facility) needs to be constructed to agreed specification adequate for both purposes, change of use must not weaken existing security arrangements, TPO concerns, costs re-establishing boundary treatments and access gates, LCC Highways: Following receipt of additional information, requests condition regarding parking, turning and manoeuvring space to be available at all times. LCC Footpaths: Definitive Footpath (Riseholme) No. 177 abuts the site and there must be no encroachment, blocking or hindrance to users of the path. Ramblers Association: No observations. Environment Agency: None received (site below EA consultation threshold – standard comments apply). LCC Archaeology: No objections/ comments. WLDC Conservation: The application has responded positively to pre-app advice. As such the significance of the heritage asset has been preserved. All internal features including ceiling roses, architraves, cupboards, skirting board and doors have been retained. Where there has been the requirement to install en-suite facilities, the key features and proportions of the rooms have been reopened and the use of partition walling will be reversible if required in the future. Material intervention has been kept to a minimum to achieve a sustainable future for this listed building. Conditions: all partition walling to scribe round existing cornice / skirting board as appropriate. Joinery details for new doors, skirting board and coving to be agreed. Schedule of original sash window repairs to be agreed. Lincolnshire Historic Buildings Committee: No objection provided WLDC are satisfied that the changes have no adverse affect on the proportions and detailing of any principal room and that the schedule of repairs is valid and would not result in the loss of important original fabric. The building needs a new use and a secure future. English Heritage: No comment

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WLDC Environment Officer (Green Infrastructure): No trees affected by the building works. Protected trees either side of the driveway – all vehicles and materials should be kept off the grass around the trees during construction works. The large mature beech trees to the south west of the building should be fenced off at an appropriate root protection area to prevent ground compaction and root damage from occurring. WLDC Economic Development: Support the application, provision of tourist accommodation and employment. Application site in proximity to Lincoln’s historic area and the Lincolnshire Showground so accommodation will add value to existing businesses. Relevant Planning Policies: East Midlands Regional Plan

Policy 27 Regional Priorities for the Historic Environment Policy 42 Regional Priorities for Tourism Consideration has been given to policies contained within the plan but they have been given limited weight as the Secretary of State has announced the intention to abolish Regional Strategies in his letter of 27th May 2010 to Chief Planning Officers.

West Lindsey Local Plan First Review 2006

STRAT 1 – Development requiring planning permission STRAT 12 - Development in the open countryside

Main issues

Whether this is a suitable location for the development (PPS 4, STRAT 12)

The impact of the development in the local environment (STRAT 1)

The impact on the character of the listed building (PPS 5)

Assessment: Location - There is a presumption against new development in the countryside unless there is an evidenced need or it can be supported by other plan policies. Riseholme is a dispersed settlement and on St George’s Lane it comprises a ribbon of housing between the A15 and the entrance to this property, beyond which the lane continues to a large range of farm buildings. These are separated from the site by open land and the buildings on the site stand in their own grounds, away from the other housing development nearby. The property is in the countryside as distinct from being part of the settlement.

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A laboratory and depot, run by Lincolnshire County Council, lie to the north of the site and share the access. The remote location will require the visitors using the accommodation to be reliant on the motor car, both to arrive and depart and for travelling around the area during their stay. This is an inherent aspect of tourism in this area, however. If this was the only issue to be considered, the proposal would not attract support. Against this, an important consideration is the requirement to find a use which will help to preserve and maintain the listed building – an historic asset. Usually the best use for a historic building is the one for which it was originally intended. The plan for three dwellings achieved that. Using the buildings more intensively as holiday accommodation will not affect the external appearance unduly either. Changes to the buildings are restricted to internal works and they respect the character of the building by retaining important features. Other commercial uses that result in noise and disturbance, such as general industrial uses, would be less appropriate in this predominantly residential area. Finally, it is considered that the level of accommodation is commensurate in scale to the needs in the area; there is demand from both the showground and the Lincoln itself for tourism. Impact on the local environment - Whilst it is accepted that Lincoln is a short distance away, with a variety of bed and breakfast establishments, this development will still be close enough to Lincoln for visits and is considered to add value to existing businesses in West Lindsey. It is close to the main road network. It is not considered that the character of the locality will alter dramatically from when the building was used as a nursing home. If anything, the impact will be less with fewer vehicle movements than the nursing home. The character of St George’s Lane will still be primarily rural dwellings but with a different business operating from Riseholme Grange that is considered to be compatible with this character. It is noted that the public footpath runs adjacent to the site, but it is not considered that the bed and breakfast use will have an adverse impact upon it as the external appearance and setting will not be altered sufficiently for this to happen. It is considered reasonable to condition that the specification for the realigned driveway is agreed with the Local Planning Authority and that it is completed before the conversion work commence, to allow the premises to the north to continue operating in a safe manner and to minimise flood risk. Impact on the character of the building - Unlike the previously approved scheme for 3 dwellings, none of the modern extension will be demolished. The external appearance will not change except for the removal of some

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structures associated with the previous use such as the external staircase enclosure on the north elevation, the ramp and guarding on the south elevation, the tubular railings near the cellar entrance, which will be replaced with arrowhead railings, and the removal of redundant fittings such as balanced flues, plumbing and electricity cables. Various repairs to the external fabric will also take place on a like for like basis. As this will be done in a careful manner which respects the original character, there is no objection. Internally, many of the rooms and circulation spaces remain except where it is necessary to provide en-suite bathrooms. As noted by the Conservation Officer, the key features and proportions of the rooms are retained and the partition walling would be reversible in future. In the modern extensions, there are more dramatic changes to accommodate the self contained holiday apartments in the single storey wing. These will not impact on the original structure. Whilst more parking is provided than for the approved dwellings, it is less than that required for the now lapsed approval for offices or for the use as a nursing home. The buildings stand in a mature landscaped setting which is not going to be altered significantly The drive will be realigned where it passes the front of the house so that traffic to and from the County Council laboratory beyond will not disturb the occupiers as much as it would otherwise do. This change will improve the setting of this listed building. Other matters Occupancy conditions:- It would not be a sustainable location for longer term letting given the lack of accessible facilities and public transport. Therefore, it is considered reasonable to impose conditions that the bed and breakfast and the self contained holiday accommodation shall not be a sole or main residence (except for the staff accommodation) and that a register be kept of those staying together with their home address and that this is available for inspection at any reasonable time. This reflects the guidance and model conditions detailed in the government’s Best Practice Guide. It is considered reasonable for part of the building to be staff accommodation in order that the business can operate efficiently without the need for further journeys. Trees - Conditions will be imposed requiring the trees to be protected during the works. Viability/ success of business - The success or otherwise of the business cannot be quantified yet as it is not in operation and it would be unreasonable to take this into account. Instead, the compatibility of the use with the listed building and its impact on the locality are considered acceptable.

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Security - With a manager living on site and the restrictions to being used for holiday /leisure visitors only, it is not considered that using Riseholme Grange as a bed and breakfast will have an adverse impact on the security of St George’s Lane. Lighting - It is considered reasonable to restrict the lighting to reduce the impact on the setting of the listed building and the wider locality. Therefore, conditions will be imposed requiring details of any lighting scheme for both the length of the drive and external and security lighting around the buildings to be agreed with the Local Planning Authority. Plumbing/ drainage - There is an existing septic tank on site. The building has been used as a nursing home in the past which is a water intensive use. Therefore it is considered that the drainage system will be adequate for this change of use. Signage - A sign at the top of St George’s Lane would require permission as it would not be at the premises to which it relates. Disabled access – It is not always possible to adapt listed buildings to meet disability access requirement standards unfortunately. The retention of the original fabric of this listed building on balance is afforded greater weight. Recommendation A: Application 126210 - Grant permission subject to the following conditions: 1. The development hereby permitted shall be begun before the expiration

of three years from the date of this permission. Reason:

To conform with Section 91 (1) of the Town and Country Planning Act 1990 (as amended).

2. No development shall be commenced until details of measures to be put

in place to protect the trees on the west side and south west side of the Grange (marked x on the approved plan) have been agreed by the Local Planning Authority following which the agreed measures shall be in place before the works commence and retained for the duration of the development.

Reason:

To protect the trees from accidental damage during construction in accordance with policy STRAT 1 of the West Lindsey Local Plan First Review 2006.

3. No development shall be commenced until details of the construction

and surfacing for the re-aligned driveway, the parking bays and all other new hardened surfaces within the property, which shall be designed to

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be permeable, have been agreed by the local planning authority following which only the agreed construction shall be used.

Reason:

To minimise the risk of flooding from excessive run-off in accordance with policy STRAT1 of the West Lindsey Local Plan First Review 2006.

4. No works shall take place until a schedule for the repairs to the original

sash windows has been submitted to and agreed in writing with the Local Planning Authority.

Reason:

To safeguard the character and appearance of this Grade II listed building in accordance with West Lindsey Local Plan Policy STRAT1

5. No works shall be undertaken to the buildings until details of the

following matters have been agreed by the local planning authority: a) the details, to include the mortar mix, for all repairs to the walls. b) details, to include sections to a minimum scale of 1:5, of all repairs

or replacements of architectural features including doors, skirting boards and cornices;

c) paint colours for windows and doors; and d) the design of the railings;

The works shall only be carried out in accordance with the approved details and shall not be subsequently replaced with any alternatives without the prior written consent of the Local Planning Authority.

Reason:

To safeguard the character and appearance of this Grade II Listed Building.

6. The re-alignment of the driveway past the buildings to the northern

boundary of the site shall be completed before the development to convert the buildings are commenced.

Reason: To ensure safe and adequate access to the premises to the north. 7. All partition walling shall scribe around the existing cornicing and skirting

boards which shall be retained insitu. Reason:

To ensure that the original detailing is kept and not damaged in order to retain the character of the listed building in accordance with West Lindsey Local Plan First Review Policy STRAT1

8. No lighting shall be installed along the driveway unless details of its

position, design and the intensity of illumination, which shall accord with the criteria for zone 2 in the Institute of Lighting Engineers’ publication

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‘Guidance Notes for the Reduction of Light Pollution’, have been agreed by the local planning authority following which only the agreed lighting scheme shall be implemented.

Reason:

To minimise the impact of any lighting on the setting of the listed building and the night sky in accordance with policy STRAT 1 of the West Lindsey Local Plan First Review 2006.

9. No security or external lighting shall be installed on or adjacent the

buildings unless details have first been agreed by the local planning authority following which only the agreed lighting shall be installed.

Reason:

To minimise the impact on the character and setting of the listed building and the night sky in accordance with policy STRAT 1 of the West Lindsey Local Plan First Review 2006.

10. The arrangements shown on the approved plan 74/10/3 dated July 2010

for the parking/turning/manoeuvring/loading/unloading of vehicles shall be available at all times when the premises are in use.

Reason :

As recommended by the Highway Authority in the interests of highway safety and in accordance with West Lindsey Local Plan First Review Policy STRAT1

11. The accommodation hereby permitted, except for the staff

accommodation, shall be used as holiday accommodation only and shall not be occupied as a person’s sole or main place of residence. The owners/operators shall maintain an up-to-date register of the names of all occupiers in the bed and breakfast accommodation and the self contained holiday apartments, and of their main home addresses, and shall make this information available at all reasonable times to the Local Planning Authority

Reason :

To accord with current planning policies under which continuously occupied dwellings would not normally be permitted on the site in accordance with West Lindsey Local Plan Policy STRAT1 and the Good Practice Guide on Planning for Tourism.

12. The staff accommodation hereby permitted shall be limited to a person

solely or mainly employed, or last employed, in the business occupying the plot edged red on the approved plan, or a widow or widower or surviving partner of such a person, and any resident dependants.

Reason:

To ensure that the development is kept available for meeting the need to accommodate a worker in the business on a site where residential

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development would not normally be permitted in accordance with West Lindsey Local Plan Policy STRAT1.

Reasons for granting permission The proposals are an acceptable use of this listed building which will help to preserve and maintain this historic asset, a benefit given considerable weight which is considered to outweigh the lack of a choice of means of transport available to access it. The holiday accommodation proposed is commensurate in scale to the need in the area, largely driven by the proximity of Lincoln and the Showground. Therefore, the proposals are in accordance with development plan policies, specifically policies 27 - Regional Priorities for the Historic Environment and 42 Regional Priorities for Tourism of the Regional Plan 2009 and STRAT 1 – Development requiring planning permission and STRAT 12 - Development in the open countryside of the West Lindsey Local Plan First Review 2006 as well as national guidance contained within the Best Practice Guide for Tourism and PPS5. Recommendation B: Application 126211 - Grant listed building consent subject to the following conditions: 1. The works to which this consent relates shall be begun before the

expiration of three years from the date of this consent. Reason:

To conform with Section 18(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended).

2. No works shall take place until a schedule for the repairs to the original

sash windows has been submitted to and agreed in writing with the Local Planning Authority.

Reason:

To safeguard the character and appearance of this Grade II listed building in accordance with West Lindsey Local Plan Policy STRAT1

3. No works shall be undertaken to the buildings until details of the

following matters have been agreed by the local planning authority: a) the details, to include the mortar mix, for all repairs to the walls. b) details, to include sections to a minimum scale of 1:5, of all repairs

or replacements of architectural features including doors, skirting boards and cornices;

c) paint colours for windows and doors; and d) the design of the railings;

The works shall only be carried out in accordance with the approved details and shall not be subsequently replaced with any alternatives without the prior written consent of the Local Planning Authority.

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Reason:

To safeguard the character and appearance of this Grade II Listed Building.

Reasons for granting consent The works will preserve the architectural and historical qualities of the building.


LOCATION: GAINSBOROUGH APPLICATION NO.: 126488 SITE AREA: 0.265 ha SCALE 1:2000

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Officers Report Planning Application No: 126488 PROPOSAL: Planning application to erect restaurant with associated car parking and landscaping LOCATION: 50 Trinity Street Gainsborough Lincolnshire DN21 2EG WARD: Gainsborough South West WARD MEMBER(S): Cllr Mrs Rainsforth and Cllr T Young APPLICANT NAME: British and Continental Estates Ltd. TARGET DECISION DATE: 02/12/2010 DEVELOPMENT TYPE: Minor - all others CASE OFFICER: Kirsty Catlow RECOMMENDED DECISION: That Members delegate the decision to grant planning permission, subject to conditions, to the Development Services Manager upon the expiration of the statutory publicity period, subject to no new representations being received raising issues that haven’t already been addressed in the following report. Description: Site - The site is vacant and located on the western side of Trinity Street, Gainsborough. A single storey building occupies the south eastern corner of the site, which is to be demolished. To the north of the site is a telephone exchange building, to the east of the site, opposite Trinity Street is Tesco Supermarket, to the south of the site, opposite Torr Street is Tesco Petrol Station and to the west of the site is a funeral parlour and florist. To the north east of the site is the Marshalls Yard development at the former Britannia works building which is a Grade II Listed Building. The wider area is a mix of residential and commercial properties. The site is on the edge of, but within Gainsborough Town Centre. The application site is part of a larger mixed use allocation on the Local Plan referred to as G(M)3. It located within flood zones 2 and 3 on the Environment Agency’s flood maps and in a natural landscape character area known as Trent Valley and Rises. Proposal - The application seeks planning permission for the erection of a restaurant (with drive through and takeaway facilities) and associated car parking and landscaping. The restaurant building will be located to the east of the site facing Trinity Street. Vehicular access will be to the north of the building off Trinity Street.

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The car parking (31 spaces plus 2 disabled spaces) and internal access will be located to the west of the site. Tree planting is proposed to the northern and western boundaries. The boundary treatment will comprise of close boarded fence to the north and west, and brick pillars with railings to the south and east. Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999: The development does not require an EIA screening opinion. Relevant history: Application site: 125749 – Pre application enquiry for McDonald’s restaurant and takeaway. Tesco site: 121264 - Planning Application to erect replacement retail store, associated car parking, landscaping, servicing and associated works. Approved 07.01.09 Representations: Chairman/Ward member(s): No representations received to date. Gainsborough Town Council: Raise concerns over parking and traffic on Trinity Street. Local residents: 6 letters of objection have been received raising the following issues: highway safety and increased traffic, odour and fumes (particularly in relation to the adjacent funeral parlour), pollution, noise, disturbance, anti social behaviour, litter, vermin, increase the amount of junk food consumed; loss of historic lock-up building (date stone 1843). 4 letters of support have been received raising the following issues; this will be a good addition to Gainsborough; good location close to Marshall’s Yard; the site has been an eyesore for too long, the application will bring the land back into use and bring more jobs to the town; a McDonald’s in Gainsborough will save travelling to others outside the area. LCC Highways: Awaiting comments, which will be reported to Members at the Committee Meeting. LCC PROW: A Definitive Footpath (Gainsborough) No. 19 is located on the site. The proposal would appear to involve this being fenced off at the back of the Trinity Street footway and for the final few metres of this cul-de-sac path to be built over. Therefore object to the application pending the extinguishment of the footpath.

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The Ramblers: No observations. Environment Agency: The proposed development is acceptable, subject to 2 conditions relating to the development being carried out in accordance with the Flood Risk Assessment and appropriate site investigation for contamination. LCC Archaeology: Pre-application advice was given to the developer regarding this application in August 2009. There is the potential that the development will disturb archaeological remains and therefore recommend a condition requiring a Scheme of Archaeological Works. WLDC Building Control: Confirm Building Regulations will be required. WLDC Environmental Protection: Confirm they have reviewed the contaminated land reports phase 1 and 2 and recommend that the findings of the report are adhered to; when further testing within the footprint is undertaken any necessary remediation is undertaken; and a final report submitted to the Local Planning Authority. WLDC Conservation Team: This application follows on from a series of pre-application discussions and alterations to the design. The difficulty of presenting a building with all four sides enjoying an active frontage has been a tall order. The design that comes forward does offer relief in the form of windows to the north and brickwork detailing elsewhere to break up large expanses. Its setting on the plot also has been adjusted accommodate the drive through nature of the business but also some outside landscaped areas for the restaurant. Landscaping will be needed to soften the building along Beaumont Street / Torr Street. Request the removal of the lock-up date stone and re set it within the development with a small interpretation panel adjacent. Economic Development; In principle, and subject to normal planning considerations, the Economic Development Unit is supportive of this application. Given the difficulties still experienced by rural localities and market towns to recover from the effects of the recession, the development of this site is considered as a positive opportunity for both Gainsborough residents and for the local economy. The proposal will enable the re-development of un unused plot of land located in a strategic position but currently with a poor visual appearance that will provide a site for a modern McDonald’s restaurant. The development will contribute to the street frontage improvement works outlined in the town centre regeneration scheme by attracting investment from a global brand restaurant and generating approximately 65 full and part time jobs. Within this context the Economic Development Unit is eager to see enhanced opportunities for local workforce with particular emphasis on young people, given the company’s reputation in providing well recognised career development schemes and training programmes for its employees.

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Development Plan Policies: East Midlands Regional Plan

Policy 19 Regional priorities for regeneration Policy 22 Regional priorities for town centres and retail development Policy 27 Regional priorities for the historic environment

Notwithstanding the Cala Homes decision, the weight afforded to the Regional plan is adjusted given its intended abolition as referred to in the letter to chief planning officers earlier this year.


STRAT 1 – Development requiring Planning Permission STRAT 14 – Mixed Use Allocations SUS 1 – Development Proposals and Transport Choice SUS 5 – Secure Cycle Parking Facilities SUS 7 – Building Materials and Components MT 1 – Market Towns CORE 10 –Open Space and Landscaping within Developments CRT 9 – Public Rights of Way Affected by Development RTC 1 – Town Centre Development RTC 2 – Retail Development in Trinity Street, Gainsborough RTC 9 – Restaurants, Cafes, Drinking Establishments and Hot Food Takeaways NBE 10 – Protection of Landscape Character in Development Proposals NBE 14 – Waste Water Disposal NBE 18 – Light Pollution

Other planning policy PPS 1 – Delivering Sustainable Development PPS 4 – Planning for Sustainable Economic Development PPS 5 – Planning for the Historic Environment PPG 13 – Transport PPS 25 – Development and Flood Risk Gainsborough Regained – The Master Plan 2007 Main issues

Principle of A3/A5 use on this site (STRAT 1, STRAT 14, MT 1, RTC 1, RTC 2, RTC 9, PPS 4)

Flood Risk / Drainage (STRAT 1, NBE 14, PPS 25)

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Design / Visual Impact / Loss of Existing Building / Impact on Setting of Listed Buildings (STRAT 1, SUS 7, NBE 14, PPS 1)

Residential Amenity – Noise, Odour, Litter, Antisocial Behaviour, Lighting (STRAT 1, RTC 9, NBE 18)

Highway Safety / Sustainable Travel / Public Rights of Way (STRAT 1, SUS 1, SUS 5, PPG 13)

Other Matters Assessment: Principle of A3/A5 use on this site The site is located within Gainsborough Town Centre and policy MT 1 of the Local Plan identifies Gainsborough as a priority for regeneration and investment activity. The site forms part of a wider mixed use allocation known as G(M)3 which identifies the site for A3/B1/C3 and D2 uses. STRAT 14 relates to mixed use allocations and states that planning permission will be granted for new development proposals provided they fall within the described uses within the schedule. Policies RTC 1 and RTC 2 of the Local Plan relating to retail and town centres, state that planning permission for food and drink establishments will be granted providing they meet a number of criteria, which are assessed below. PPS 4 endorses a sequential approach to the location of new town centre uses (including restaurants), in that, new developments should be located where possible in existing centres. PPS 4 also states that planning applications that secure sustainable economic growth should be treated favourably with consideration given to; limiting carbon emissions, access by a choice of transport modes, high quality design, impact on regeneration and employment. The application site is located within Gainsborough Town centre and therefore meets with the sequential approach endorsed by PPS 4. The proposed restaurant (A3) and takeaway facility (A5) are uses identified as being appropriate on this mixed use allocated site within the Town Centre (at the time the Local Plan was produced, both restaurants and takeaways were within use class A3). The application site has been vacant for some time and is viewed as a key regeneration site in a prominent location within both the Town Centre and the South West Ward. The development of the site will bring a vacant site back into use, improve the visual amenities of the area and provide approximately 65 full and part time jobs, all of which will contribute to the regeneration of the area.

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The uses proposed will also compliment the shopping uses within the primary shopping frontages elsewhere within the town centre, reinforcing the viability and vitality of the centre as a whole. The proposal is therefore considered appropriate in principle, subject to assessment against the following material planning considerations; Flood Risk / Drainage The site is located within flood zones 2 (medium probability) and 3a (high probability, but not functional flood plain) on the Environment Agency’s flood zone maps. PPS 25 endorses a sequential approach to the location of new development, its aim is to steer new development to areas at the lowest probability of flooding. Annex D of PPS 25 provides further guidance; the ‘Flood Risk Vulnerability Classification Table’ classes a restaurant as a less vulnerable use and the ‘Flood Risk Vulnerability and Flood Zone ‘Compatibility’ Table’, classes a less vulnerable use as being appropriate in flood zones 2 and 3a. There are also no appropriate town centre sites in flood zone 1 for this type of development. As a result the proposal would not result in unacceptable flood risk. Following consultation with the Environment Agency they raise no objections to the proposal subject to a condition requiring the development to be carried out in accordance with the submitted Flood Risk Assessment, specifically the provision of on site water storage and reducing the water run-off rate from 10.2l/s to 6l/s. This will also reduce the risk of flooding down stream. In terms of drainage, surface water drainage and waste water are to be disposed of to the mains drains. A sustainable urban drainage system is not feasible on this relatively confined town centre sites and soakaways are not feasible. Design / Visual Impact / Loss of Existing Building / Impact on Setting of Listed Buildings The proposed building is to be sited so as to reinstate the street frontage along this section of Trinity Street. The proposed building is not a typical ‘one design fits all’, but a contemporary design which takes inspiration from the Marshall’s Yard development. It comprises of a tall single storey element with feature brise soleil and large areas of glazing to the front and side elevations. This design approach reflects that of the Costa Coffee unit, reinforcing the modern approach taken in historic locations in this part of Gainsborough. The building will be constructed from a combination of aluminium cladding, brick and glass, samples of which will be conditioned for approval. Furthermore, in order to soften the appearance of the building, a condition requiring landscaping will be conditioned. Objections have been received relating to the loss of the former lock up building on this site. Despite its historic use this building has been

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significantly altered over the years and it must be acknowledged that it has no protection, being neither a listed building nor located within a Conservation Area. As such this building could be demolished without requiring any permission. It is noted that the Torr Street elevation of this building contains a dating stone and the developer has confirmed in writing their intention to retain this date stone and set it into the site, together with an interpretation board. They intend to work with the local amenity bodies in correlating historic information about this site and the surrounding area for the board. Given that this building is not a heritage asset and could be demolished today, it is not considered that conditioning the setting of the dating stone or the provision of an interpretation board would meet with the condition tests contained within Circular 11/95 – Use of Conditions in Planning Permissions. In terms of the impact on the setting of Marshall’s Yard, a Grade II listed building, the application site is located approximately 40 metres from the south western corner of this building. Marshall’s Yard is a substantial and imposing former engineering building which dominates this section of Trinity Street. Whilst the proposed development will alter a vacant space close to this listed building, it will reinstate the street scene and provide a modest building which takes inspiration from the listing, which will remain the predominant structure. As a result it is not considered that the proposal would harm the setting of this listed building. Residential Amenity – Noise, Odour, Litter, Antisocial Behaviour, Lighting Noise - The application site is located within a mixed use area with 24 hour retail uses to the south and east of the application site and a funeral parlour to the west. The agent has stated that the usual opening hours of a McDonald’s are 6am until midnight but has questioned the necessity of restricting these by condition given the 24 hour openings times of neighbouring uses. Given that the car parking area is located immediately opposite residential properties on Torr Street, who may be disturbed by cars and customers visiting the site through the night, it is considered reasonable, in the interests of residential amenity, to restrict the opening hours to 6am until midnight. The building is designed to incorporate a roof level plant zone which is fully screened around its perimeter, thus reducing at source any operating noise levels from external plant. Following consultations with the Council’s Environmental Protection Team, they advise that if nuisance, through noise, does occur this could be dealt with by them under the Environmental Protection Act 1990. Odour - McDonald’s utilises an air extraction system which incorporates electrostatic precipitators and labyrinth systems that remove air borne grease and odours, and ensures that only purified air is expelled from the restaurant.

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Following consultations with the Council’s Environmental Protection Team, they advise that if nuisance, through odour, does occur this could be dealt with by them under the Environmental Protection Act 1990. Litter - Planning Inspectors have not viewed litter as being a material consideration in determining planning applications, therefore little weight can be attached to this issue. However, McDonald’s company policy is to undertake daily litter patrols in and around the site, 9 litter bins are to be provided within the site and the developer has confirmed in writing a commitment to sponsor another bin on the western side of Trinity Street. Anti Social Behaviour - The building has been designed with natural security and surveillance in mind, the dining area benefits from extensive areas of glazing which allow views both into and out of the building. The drive through lane is operated via staff located in two service windows, thus covered by natural surveillance. In order to extend the use of natural surveillance as far as possible, the non-drive thru elevation has also been designed with windows in the staffroom area. Unfortunately natural surveillance cannot be designed to the rear of the store due to the nature of the external storage compound. A CCTV system is installed externally to cover this area of the site with monitors linked into the managers' office and kitchen areas. Incidents of antisocial behaviour are kept to an absolute minimum through strategies such as staff training in dealing with incidents, liaison with community police officers and use of CCTV cameras where necessary. Lighting - The site layout plan indicates that lighting will be provided within the site. In the interests of residential amenity, a condition is proposed requiring details of all lighting to be submitted for approval. Highway Safety / Sustainable Travel / Public Rights of Way Highway Safety - Access to the site is off Trinity Street. The application has been supported by a Transport Assessment and a Travel Plan. The comments of County Highways will be reported to Members at the Committee Meeting. Sustainable Travel - The site is located within Gainsborough Town Centre, within walking distance of the main shopping area and opposite the Marshalls Yard Development and Tesco Supermarket. A pedestrian crossing is located close to the site on Trinity Street. Gainsborough Town Centre is well served by bus and several local taxi firms operate in and around the town. 8 bike spaces are proposed to the front of the site and 33 car parking spaces are proposed to the rear, including 2 disabled spaces closest to the building. As a result, it is considered that visitors would have a choice of sustainable transport modes. Public Rights of Way - County Highways Public Rights of Way (PROW) Officer advises that a PROW is located within the site and obstruction of this

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is an offence. This PROW runs east to west across half of the site and does not link up with any other routes. The applicant will be advised that this PROW will need to be formerly stopped up before development commences. Other Matters Consumption of junk food - From a planning point of view, the issue of junk food consumption carries no weight in the consideration of this application. Whilst it is acknowledged that one of the Councils priorities is a healthy population, consumers have the right to choose where and what they eat. Vermin - The issue of vermin carries little weight in the consideration of this application as it is covered by the Environmental Protection Act 1990. Recommendation: That Members delegate the decision to grant planning permission to the Development Services Manager, subject to the following conditions, once the statutory publicity period has expired. Conditions stating the time by which the development must be commenced: 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To conform with Section 91 (1) of the Town and Country Planning Act 1990 (as amended). Conditions which apply or require matters to be agreed before the development commenced: 2. No development shall take place until, the applicant has secured the implementation of a programme of archaeological works which shall be carried out in accordance with a written scheme of investigation which shall first be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that no development shall take place which may adversely affect any items of archaeological interest without adequate prior investigation in accordance with Planning Policy Statement 5 Planning for the Historic Environment. 3. No development shall take place until the following components of a scheme to deal with the risks associated with contamination of the site, has each been submitted to and approved in writing by the Local Planning Authority:

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i) A site investigation scheme, based on ‘Phase I and II Ground Investigation’ undertaken by BSP Consulting Ltd. Dated 18th February 2010, to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

ii) The site investigation results and the detailed risk assessment (i) and, based on these, an options appraisal and remedy strategy giving full details of the remediation measures required and how they are to be undertaken.

iii) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (ii) are complete and identifying any requirements for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent to the Local Planning Authority. The scheme shall be implemented as approved.

Reason: To ensure that the underlying Secondary Aquifers are protected from contamination from the previous site use as a garage/workshop. Conditions which apply or are to be observed during the course of the development: 4. The development hereby approved shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) undertaken by Econ Associates Ltd dated September 2010 and the following mitigation measures detailed within the FRA;

i) appropriate storage measures shall be in place to contain the surface water run-off generated by the 1% annual probability of rainfall event, plus an appropriate allowance for climate change. ii) surface water run off will be reduced from an estimated rate of 10.2l/s to 6l/s.

Reason: To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site and to ensure that there is a reduction in run off from the existing situation. 5. No building construction shall take place until, a scheme of landscaping including details of the size, species and position or density of all trees to be planted and measures for the protection of trees to be retained during the course of development have been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that a landscaping scheme to enhance the development is provided in accordance with West Lindsey Local Plan First Review Policy STRAT 1 and CORE 10.

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6. No building construction shall take place until, samples of all external and roofing materials to be used have been made available to and approved in writing by the Local Planning Authority and the development shall only be carried out using the approved materials. Reason: To safeguard the character and appearance of the building and its surroundings and ensure the proposal uses materials and components that have a low environmental impact in accordance with West Lindsey Local Plan First Review Policy STRAT 1. 7. No building construction shall take place until, details of the lighting within the site have been made available to and approved in writing by the Local Planning Authority. No other lighting, other than that approved by this condition, shall be erected within the site. Reason: To safeguard the residential amenities of the area in accordance with West Lindsey Local Plan First Review Policy STRAT 1. Conditions which apply or relate to matters which are to be observed following completion of the development: 8. The use hereby permitted shall not be open to customers outside the following times; 06.00 until midnight, on any day. Reason: To protect the amenities of residential properties on Torr Street and in accordance with West Lindsey Local Plan First Review Policy STRAT1. 9. All planting comprised in the approved details of landscaping under condition 2, shall be carried out in the first planting season following the occupation of the building or the completion of the development, whichever is the sooner; and any trees which within a period of 5 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 Local Planning Authority gives written consent to any variation. Reason: To ensure that an approved landscaping scheme is implemented in a speedy and diligent way and that initial plant losses are overcome, in the interests of the visual amenities of the locality and in accordance with West Lindsey Local Plan First Review Policies STRAT 1 and CORE 10. Notes to the Applicant The applicant is advised that the site carries a Definitive Footpath (Gainsborough) No. 19 and t hat this footpath shou ld be extinguished before development is carried out. Reasons for granting permission The application site is located within Gainsborough Town centre and therefore meets with the sequential approach endorsed by PPS 4 and the mixed use

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allocation on the Local Plan. The application site is a key regeneration site in a prominent location within both the Town Centre and the South West Ward and the proposal will bring a vacant site back into use, improve the visual amenities of the area and provide approximately 65 full and part time jobs, all of which will contribute to the regeneration of the area. Subject to conditions relating to on site water storage and an archaeological evaluation there will be no implications in terms of flood risk or archaeology. Conditions relating to materials and landscaping will ensure the development enhances the street scene and does not have a detrimental impact on the setting of the Listed Building. Despite objections from local residents, it is not considered that the proposal would harm residential amenity or highway safety. The proposal therefore accords with policies; STRAT 1 – Development requiring Planning Permission; STRAT 14 – Mixed Use Allocations; SUS 1 – Development Proposals and Transport Choice; SUS 5 – Secure Cycle Parking Facilities; SUS 7 – Building Materials and Components; MT 1 – Market Towns; CORE 10 –Open Space and Landscaping within Developments; CRT 9 – Public Rights of Way Affected by Development; RTC 1 – Town Centre Development; RTC 2 – Retail Development in Trinity Street, Gainsborough; RTC 9 – Restaurants, Cafes, Drinking Establishments and Hot Food Takeaways; NBE 10 – Protection of Landscape Character in Development Proposals; NBE 14 – Waste Water Disposal; and NBE 18 – Light Pollution, contained within the West Lindsey Local Plan First Alteration June 2006 and the guidance contained within PPS 1 – Delivering Sustainable Development; PPS 4 – Planning for Sustainable Economic Development; PPS 5 – Planning for the Historic Environment; PPG 13 – Transport; and PPS 25 – Development and Flood Risk. Human Rights Implications: The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence. Legal Implications: Although all planning decisions have the ability to be legally challenged it is considered there are no specific legal implications arising from this report


LOCATION: GAINSBOROUGH APPLICATION NO.: 126621 SITE AREA: 0.153 ha SCALE 1:1250

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Officers Report Planning Application No: 126621 PROPOSAL: Planning application for conversion of public house into office accommodation, with rear extension to form lift shaft - amendment to previously approved scheme 125174 LOCATION: Plough Inn 37 Church Street Gainsborough Lincolnshire DN21 2JR WARD: Gainsborough South West WARD MEMBER(S): Cllr Mrs J A Rainsforth and Cllr T V Young APPLICANT NAME: West Lindsey District Council TARGET DECISION DATE: 22/12/2010 DEVELOPMENT TYPE: Minor - all others CASE OFFICER: Kirsty Catlow RECOMMENDED DECISION: Grant, subject to conditions. Description: The building has been closed for some time and has been acquired by the Council more recently with a view to converting it to provide work space units and meeting areas for new businesses. The main building will be retained and refurbished with a small extension to the rear to incorporate a lift and a new canopy to the side over the entrance. A new vehicular access is proposed to the land at the back which will be used as a car park, which will be separate from the staff parking and service area on the northern side of the building. There will be 10 small office units in total with two meeting rooms, kitchen and toilet facilities. The site adjoins a conservation area (to the south and opposite over the street), All Saints Church, a Grade 1 listed building and there are several other listed buildings diagonally opposite on the east side of Church Street. The site is located within flood zones 2 and 3. A flood risk assessment and an archaeological evaluation have been submitted with the application as well as the Design and Access Statement required. Relevant history: 125174 – Planning application for change of use from A4 (pubs and bars) to B1 (Offices, Research and Light Industry). Also to demolish rear single storey building, form new vehicular access to rear car park, refurbish and extend. Extension to comprise of single storey building with a two storey lift well – approved 9th Feb 2010.

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The current proposal is essentially the same as the previous proposal, minus the single storey extension to rear (which provided a further 3 workshop units), as well as alterations to the design of the lift extension, rear window treatment and the entrance area. Representations: Chairman/Ward members: No representations received to date. Gainsborough Town Council: Confirmed no comments. Local residents: No representations received. LCC Highways: Awaiting comments. Previously raised no objections, subject to conditions. Environment Agency: No objections subject to a condition requiring the recommendations in the Flood Risk Assessment to be incorporated into the development. English Heritage: Specialist staff have considered the information received and do not wish to offer any comments on this occasion. The application should be determined in accordance with national and local policy guidance and on the basis of the Council’s specialist advice. LCC Archaeology: Archaeological evaluation was undertaken on this site in October 2009 and late post medieval features were revealed and have been sealed. No further archaeological input required. WLDC Building Control: Building regulations will be required. Development Plan : East Midlands Regional Plan

Policy 19 Regional priorities for regeneration Policy 22 Regional priorities for town centres and retail development Policy 27 Regional priorities for the historic environment

Notwithstanding the Cala Homes decision, the weight afforded to the Regional plan is adjusted given its intended abolition as referred to in the letter to chief planning officers earlier this year.


STRAT 1 Development requiring planning permission MT 1 Market towns CRT 4 Protection of community post offices, convenience stores and public houses RTC 1 Town centre development

Other policy guidance

PPS 4 Planning for sustainable economic growth PPS 5 Planning for the Historic Environment

Gainsborough Regained – The Masterplan (2009)

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Main issues

The suitability of the location for the development proposed (PPS 4, EMRP, RTC 1, MT 1)

The layout and design of the development (PPS5, STRAT 1) The impact of the development on the setting of the adjacent

listed building and on the character or appearance of the conservation area (PPS5, EMRP, STRAT 1)

The loss of the public house (CRT 4) Assessment: Location - The site is in the centre of Gainsborough which is the most sustainable location in the District and the priority location for new development. It has been vacant for some time and is a prominent location on a main thoroughfare. Bringing new uses to such sites is important in achieving the regeneration aims cited in policy 19 of the Regional Plan and the Gainsborough Masterplan. In principle, therefore, the proposal is acceptable as it will provide a new use for the building which will be beneficial in employment and economic development terms. With regards to the loss of the public house, policy CRT 4 is designed to prevent the loss of community facilities and is especially relevant where these are in short supply already, for example in the villages and the rural area generally. But Gainsborough has many other public houses which meet the local demand and losing this one is not a valid reason to object to the application. Layout and design - Externally the main building will not be altered in a significant way. Replacement windows will be fitted in the existing openings, a glazing system will be introduced to the rear elevation, a new canopy will be located over the entrance door and general repairs will be carried out, but the character of the building will be retained. A collection of unsightly outbuildings to the rear of the building will be removed. A modest two storey extension is proposed to the rear elevation to incorporate a lift. The new extension is of a traditional design and will utilise materials which match those used in the construction of the original building. As a result the proposal would not detract from the design of the building or the appearance of the surrounding area. Setting of the listed building and impact on the conservation area -The Church of All Saints, a Grade 1 listed building, is located directly to the south of the application site. The church is surrounded by generous grounds which contain a number of trees.

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The conservation area boundary runs along the south side of the property. As well as the Church there are numerous listed buildings in the Conservation Area on the east side of Church Street. Following consultation with English Heritage, they raise no objections to the revised scheme. The Church stands in a landscaped setting. It dominates this side of the street and by comparison the other buildings opposite and beyond are smaller in scale, even though some of them are three storeys high. The Plough stands tight on the pavement edge in contrast to the church which is set back and on raised ground. The outbuildings behind the pub are single storey in red bricks covered in tiles and slates, but a 2m high wall on the common boundary means that only the roofs and the section of one end wall above the eaves are readily visible in the street scene. The trees in this part of the church yard also mask these in street views. The proposal will remove the unsightly outbuildings and replace them with a new extension which is modest in size and scale and respects the design and construction materials of the existing building. As a result, it is not considered that the proposal will have a detrimental impact on the setting of the listed building or the character and appearance of the adjacent Conservation Area. Other matters – The Council’s Environmental Protection Officer has advised that there is potential for the land to be contaminated, but the levels are such that this can be reasonably be dealt with by condition. Conclusion and reasons for decision: The new use for the building is appropriate bearing in mind its location close to the centre of the town, brings a beneficial use to a vacant building, and the alterations and new extension are designed to an acceptable standard such that they will be subordinate to the main building and will not detract from the setting of the adjacent listed building. The development is therefore in accordance with policies STRAT 1 Development requiring planning permission, MT 1 Market towns, CRT 4 Protection of community post offices, convenience stores and public houses and RTC 1 Town centre development of the West Lindsey Local Plan First Review 2006 and guidance contained within PPS 4 - Planning for Sustainable Economic Growth and PPS 5 Planning for the Historic Environment. Recommendation: Grant permission subject to the following conditions: 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To conform with Section 91 (1) of the Town and Country Planning Act 1990 (as amended).

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2. No development shall take place until details of the design and finished colour of the replacement window frames and details of the boundary and garden railings and fencing have been agreed by the local planning authority following which only the agreed designs and colours shall be used. Reason: To ensure appropriate designs and finishes in keeping with the character of the building in accordance with policy STRAT 1 of the West Lindsey Local Plan First Review 2006. 3. No development shall take place until, a contaminated land assessment and associated remedial strategy, together with a timetable of works, have been submitted to and approved in writing by the Local Planning Authority (LPA) and the measures approved in that scheme shall be fully implemented. The scheme shall include all of the following measures unless the LPA dispenses with any such requirement specifically in writing: a) The contaminated land assessment shall include a desk study to be submitted to the LPA for approval. The desk study shall detail the history of the site uses and propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy shall be approved by the LPA prior to investigations commencing on site. b) The site investigation, including relevant soil, soil gas, surface and groundwater sampling, shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a Quality Assured sampling and analysis methodology. c) A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the LPA. The LPA shall approve such remedial works as required prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters. d) Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. If during the works contamination is encountered which has not previously been identified then the additional contamination shall be fully assessed and an appropriate remediation scheme agreed with the LPA. e) Upon completion of the works, this condition shall not be discharged until a closure report has been submitted to and approved by the LPA. The closure report shall include details of the proposed remediation works and quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been removed from

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the site. Reason: In order to safeguard human health and the water environment and identify potential contamination on-site and the potential for off-site migration as recommended by the Environment Agency and the Environmental Health Manager in accordance with West Lindsey Local Plan First Review Policy STRAT1. 4. The development shall not be carried out otherwise than in accordance with the amended application drawing number 01/01 revision B dated 13.10.10 unless the local planning authority gives written approval to any subsequent variation. Reason: To define the terms of the permission for the avoidance of doubt in accordance with policy STRAT 1 of the West Lindsey Local Plan First Review 2006. 5. The access, car parking and servicing areas shall be completed before the building is brought into use following which they shall be kept free of all permanent obstruction. Reason: To ensure the timely provision of the facilities and their retention in accordance with policy STRAT 1 of the West Lindsey Local Plan First Review 2006. 6. The development shall be carried out in accordance with the flood proofing measures as detailed in section 4 of the Flood Risk Assessment dated August 2009 and the finished floor level of the building shall be no lower than 6.63m above Ordnance Datum. Reason: To minimise the risk and impact of flooding, in accordance with the guidance contained within PPS 25 Development and Flood Risk. Human Rights Implications: The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence. Legal Implications: Although all planning decisions have the ability to be legally challenged it is considered there are no specific legal implications arising from this report

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