URL: https://democracy.n-kesteven.gov.uk/ieDecisionDetails.aspx?ID=10972

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: Application No. and Type: 25/1617/OUT Outline Application Proposal: Outline application for the erection of 2 no. custom self build 2-storey dwellings with double garages with means of access and layout to be considered. Location: Land off Lincoln Road and Spring Lane, Leasingham, Sleaford Applicant: Mr and Mrs Peter French Agent: DBL Architectural Design Reason for Committee Consideration: Request by Ward Member Councillor Andrew Hagues on the basis of concerns over the impact of development on the ability to maintain the ditch and drainage lagoon to the south and the potential for the development to increase flood risk to third parties including associated with the maintenance liabilities for the on-site surface water drainage scheme. Furthermore, to consider the suitability of Spring Lane to accommodate two additional properties, specifically concerns over restricted visibility, the lack of passing places and footpaths and the associated risks to users of Spring Lane from increased traffic movements.   The Principal Planning Officer presented the application using maps, plans and photographs to demonstrate the location and character of the site, as well as the material issues identified in the agenda report. He also drew Members’ attention to the relevant national and local planning policies.   The application was deferred for procedural matters from the Planning Committee meeting on Tuesday 28th July 2026, in order to facilitate a minor change to the wording of the description of the development and to clarify that matters of access and layout were for consideration and not reserved. There were no other amendments/revisions to the application and following the Planning Committee meeting in July 2026, local reconsultation of the amended description had been undertaken and the description updated on the planning online system.   Following the publication of the agenda for this meeting, an addendum had been published which contained details of a correction to the application description, as the previous description of the development had been carried across to this agenda pack.    The proposal sought outline planning permission for the erection of two custom self-build two storey dwellings with double garages, as well as the means of access and layout. Landscaping, appearance and scale matters were reserved. The site was adjacent to the site granted planning permission for nine dwellings under 20/0577/FUL.   The key issues of this application were: ·  Principle of development. ·  Highways. ·  Drainage and flood risk. ·  Visual amenity/impact upon heritage assets. ·  Residential amenity/relationship to other land users. ·  Ecology and biodiversity net gain. ·  Energy efficiency and climate change. ·  Trees and landscaping. ·  Self-build and custom-build housing. ·  Affordable housing provision.   The application was being considered by the Committee as requested by Local Ward Member, Councillor A Hagues. Leasingham Parish Council had raised objections to the application, and five letters of objection had also been received, all of which were detailed within the agenda. There were no objections raised by the other statutory consultees and their comments were also contained within the agenda.   The Principal Planning Officer advised Members that the recent revisions to the National Planning Policy Framework (NPPF) did not have any impact on the Officer report or the application recommendation.  The Officer assessment was contained within the agenda with the recommendation for Authority to deal and approve the application subject to the signing of a unilateral undertaking (to secure the plots as custom self-build in relation to the exemption from Biodiversity Net Gain) along with the necessary planning conditions.   The meeting then adjourned to allow the registered speaker to address the meeting. Councillor A Hagues spoke as Local Ward Member/Strong Community Advocate, and he raised the following points: ·  Disappointment that the previous application for nine dwellings had been approved. ·  Concerns about the width and safe access along Spring Lane, as it was only 2.5 metres wide. ·  The Committee would benefit from a site visit to Spring Lane to see the issues and concerns raised. ·  Concerns about the impact of the application on existing drainage and flooding matters.   Councillor Hagues then answered a question from the Committee. As there were no other registered public speakers, the meeting then resumed formal session.   Members debated the application in detail, considering the Officer’s report, presentation and statements from the Local Ward Member/Strong Community Advocate. During the debate, several Members of the Committee raised concerns about the proposal including: ·  The impact of the application on existing drainage and flooding matters and whether the proposed mitigation measures, planning conditions and the drainage plan would be sufficient and successfully implemented.  ·  The width of Spring Lane and safety for pedestrians using the Lane for access, particularly children, as the primary school was accessed via Spring Lane. Also, safety for vehicle movements as the Lane was extremely narrow, with a bend in the road and could require vehicles to reverse to allow other road users to pass by. ·  The proposed access to the site from Spring Lane. ·  That the proposal might not satisfy Policy S48 in terms of the ability to travel by foot or cycle. ·  The lack of potential for works to improve and widen Spring Lane. ·  The management and enforcement of the proposed banksman via the Construction Management Plan.  ·  The option of an independent highway expert in providing an assessment of the application, specifically the suitability of the access from a safety perspective.  ·  Agreement with the Local Ward Member/Strong Community Advocate about the points of concern he had raised.   In response to questions from the Committee, the Principal Planning Officer advised that: ·  Spring Lane was a highway adopted and maintained by Lincolnshire County Council that was already in use and provided access to a number of differing points. ·  To seek refusal of the application, there would need to be clear evidence of severe highway impacts from the two proposed dwellings only and not from any existing developments and land uses, which already use Spring Lane – or in the case of the adjacent scheme for nine dwellings would use Spring Lane upon completion of the development. ·  The proposed development was outside flood zones 2 and 3 and the Drainage Strategy included onsite attenuation crates. ·  There was scope for the Committee to strengthen pre-commencement conditions. ·  It was the Officer view, and the agenda report contained details of how the application was compliant with Policy S48. ·  There was no scope for further widening of Spring Lane as part of the proposal before Members. This was not physically possible within the bounds of the highway land. There had previously been some widening works, and a passing place would be delivered as part of the delivery of the separately approved nine dwellings.  ·  Lincolnshire County Council had not requested any improvement works to Spring Lane as part of this application and the proposed planning conditions were deemed as acceptable. ·  The timings of the banksman could be revised if deemed necessary and the current timings proposed in the draft Construction Management Plan included avoiding nursery drop off and pick-up times.   The Chairman explained that if the delivery timings were too specific, at this stage, they could become restrictive and cause issues when Reserved Matters were applied for, so they needed to be somewhat flexible. He also reminded Members that the development for nine dwellings had already been approved, there was access to other services from Spring Lane and that Lincolnshire County Council – Highways had considered these matters.    The Development Manager further clarified that: ·  In terms of Policy S48, the application site was well placed for access by foot or cycling, that there were no objections raised by Lincolnshire County Council and that other services were currently being accessed by pedestrians. ·  The Committee were able to request onsite or offsite highway improvement works; however, in order to meet the legal tests for planning conditions it would need to be demonstrated that the works were necessary to overcome a reason for refusal of the application. No such reason was raised by the Highway Authority. ·  There was not scope to request the installation of a footpath or other works due to the width of Spring Lane and Lincolnshire County Council - Highways had not stated that this was necessary to make the development acceptable in planning terms. ·  Officers were satisfied that bespoke condition 5, which contained details and timings for the banksman was sufficient and the Council’s Enforcement Team would be responsible for investigating should any issues arise. ·  A third-party highways review of the application was possible but the objective would need to be clear and reasonable particularly in light of the Lincolnshire County Council – Highways position of no objection.  ·  An extension of time for the Council to determine the application had previously been agreed by the Applicant and it would be unreasonable to delay the decision further to obtain third party highway consultancy advice, as this could be challenged by the Applicant with potential cost implications for the Council in the event of a non-determination appeal.    The Council’s Legal representative advised that Members would need to evidence any reasons for going against the consultee response from Lincolnshire County Council - Highways and that the Committee were not in possession of such evidence. Lincolnshire County Council – Highways had assessed the proposal, they were the technical experts and the Committee objective would need to be clear.   During the discussion of this application, whilst other Members of the Committee acknowledged and appreciated the concerns raised by the Local Ward Member/Strong Community Advocate and those raised by Committee Members during the debate, it was also acknowledged that: ·  A severe adverse impact on the transport network would be needed to engage NPPF (2026) Policy TR6. ·  Statutory consultee, Lincolnshire County Council as the lead Highways Authority had not raised any objections to the proposal.  ·  There was no physical scope or requirement for highway improvements. ·  Nine other dwellings had previously been approved with access via Spring Lane. ·  Other services were currently being accessed by pedestrians, cyclists and vehicles from and on Spring Lane. ·  Refusal of planning permission would need to be justified to the Planning Inspector at a Planning Appeal. ·  There was no justifiable evidence, planning reasons or planning policies to warrant refusal of the application contrary to Officer recommendation.   It was therefore proposed and seconded that planning permission be granted in line with the Officer recommendation that Authority to Deal and approve be given to Officers, subject to the signing of a unilateral undertaking to secure the plots as custom self-build in relation to the exemption from Biodiversity Net Gain.   Vote:   For: 5  Against: 2  Abstentions: 3   RESOLVED:   That Authority to Deal and approve be given to Officers, subject to the signing of a unilateral undertaking to secure the plots as custom self-build in relation to the exemption from Biodiversity Net Gain.   And subject to the following Conditions:   1.  Application for approval of reserved matters shall be made to the district planning authority not later than the expiration of three (3) years beginning with the date of this permission and the development shall be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last matter to be approved.   Reason: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.   2.  Details of the appearance, landscaping and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.   Reason: This is an outline application only and such details must be approved before development commences.   3.  Any application for the approval of reserved matters shall adhere to the access and layout details approved as part of this application and shown on the approved plans listed. Specifically, they shall show for the location of the dwellings and associated access within Flood Zone 1 with no operational development in Flood Zones 2 or 3a.   Reason: To ensure new development is located within the sequentially preferable location in respect of flood risk, to accord with Policy S21 of the Central Lincolnshire Local Plan (Adopted 2023) and Policy F5 of the NPPF (2026).   4.  The permitted development shall be undertaken in accordance with a surface water drainage scheme which shall first have been approved in writing by the Local Planning Authority. The scheme shall: ·  be based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development. ·  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; ·  provide attenuation details and discharge rates; ·  provide details of the timetable for and any phasing of implementation for the drainage scheme; and ·  provide details of how the scheme shall be maintained and managed over the 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.   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 permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, the permitted development to accord with policy S21 of the Central Lincolnshire Local Plan (Adopted 2023) and Policy F8 of the NPPF (2026).   5.  The development hereby approved shall not be commenced until a Construction Traffic Management Plan and Method Statement based on the principles set out in the Construction Traffic Management Plan submitted alongside the application, has been submitted to and approved in writing by the Local Planning Authority which shall indicate measures to mitigate against traffic generation and drainage of the site during the construction stage of the proposed development.   The Construction Traffic Management Plan and Method Statement shall include; ·  phasing of the development to include access construction; ·  the maximum size of all delivery vehicles; ·  timing of deliveries to take account of the adjacent primary school and nursery; ·  use of a Banksman to supervise all deliveries to and from the site for the length of Spring Lane; ·  the parking of vehicles of site operatives and visitors; ·  loading and unloading of plant and materials; ·  storage of plant and materials used in constructing the development; ·  measures to be implemented to prevent debris being deposited on the public highway; ·  the routes of construction traffic to and from the site (there shall be no access directly from the A15).   The Construction Traffic Management Plan and Method Statement shall be strictly adhered to throughout the construction period.   Reason: In the interests of the safety and convenience of users of the public highway and residential amenity to accord with Policies S47 and S53 of the Central Lincolnshire Local Plan (Adopted 2023).   6.  The development hereby approved shall not be commenced until an Ecological Mitigation & Enhancement Plan (EMEP) in accordance with the Preliminary Ecological Appraisal dated December 2025 by HS Ecology, has been submitted to and approved in writing by the Local Planning Authority. The EMEP shall include: ·  A plan showing habitat protection zones. ·  Details of any precautionary method statements for protected species. ·  Details of a sensitive lighting strategy. ·  Details of wildlife friendly landscaping within curtilage of private dwellings (must include native tree and hedge planting, flowering lawns, planting within 6-10m of the watercourse to be in alignment with EA 3D buffer models (avoiding any direct discharge into the neighbouring watercourse), rain gardens, and should include nature-based solutions to grey water management. ·  Details, specification and location of hedgehog highway within all lengths of closed panel fence boundaries. ·  Details, specification and locations of wildlife friendly curb and drain treatments. ·  Details, specification and location of the following species enhancements incorporated into structures across the site: a) 2 Integrated bird boxes b) 2 Integrated bat boxes c) 1 to 2 bee/insect bricks per dwelling d) 1 hibernaculum   The EMEP shall be implemented in strict accordance with the approved plan. All features shall be installed during construction and retained as such thereafter.   Reason: In the interest of nature conservation and to accord with Policy S60 of the Central Lincolnshire Local Plan (Adopted 2023), NPPF and draft Local Nature Recovery Strategy.   7.  Any application for the approval of reserved matters relating to scale and appearance, shall be accompanied by an Energy Statement to accord with the requirements of policies S6 and S7 of the Central Lincolnshire Local Plan (Adopted 2023). The statement shall include a phasing scheme for the development, as well as the process for verifying that the completed houses have met the energy efficiency targets as set out within the approved Energy Statement. Development shall thereafter proceed only in accordance with the agreed Energy Statement, unless otherwise agreed in writing.   Reason: In order to ensure efficient buildings and reduce energy consumption, in accordance with Policies S6 and S7 of the Central Lincolnshire Local Plan (Adopted 2023).   8.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re enacting that Order with or without modification) no domestic oil tanks or domestic gas tanks shall be placed within the curtilage of the dwelling(s) hereby approved.   Reason: In the interests of energy efficiency to accord with Policies S6 and S7 of the Central Lincolnshire Local Plan (Adopted 2023).   9.  No works or development shall take place until a scheme for protection of the retained trees/hedgerows (Section 5.5 BS5837 - 2012 - Tree Protection Plan) has been submitted and agreed in writing by the Local Planning Authority. This scheme shall include: (a) A plan showing details and positions of the ground protection areas. (b) Details and position of protection barriers. Protection barriers should be erected prior to each construction phase commencing and shall remain in place, and undamaged for the duration of that phase - these to be retained and maintained until all equipment, machinery and surplus materials have been removed from the site. (c) Details and position of underground service runs and working methods employed should these runs be within the designated root protection area of any retained tree/hedgerow on or adjacent to the application site. (d) Details of special engineering required to accommodate the protection of retained tree/hedgerows e.g. in connection with foundations, bridging, water features and surfacing. (e) Details of working methods to be employed for the installation of drives and paths within the root protection areas of any retained tree/hedgerow on or adjacent to the application site. (f) Details of working methods to be employed with the demolition of buildings, structures and surfacing within or adjacent to the root protection areas of any retained tree/hedgerow on or adjacent to the application site. (g) Details of any scaffolding erection with the root protection areas. (h) Details of timing for the various phases of works or development in the context of the tree/hedgerow protection measures. (i) Details of any proposed changes of ground level within the root protection area as defined to the application site. Reason: To ensure the retention of features which are important to the character and amenity of the surrounding area to accord with Policy S66 of the Central Lincolnshire Local Plan (Adopted 2023).   10.Prohibited activities:   In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars: (a) No fires to be lit on site within 10 metres of the nearest point of the canopy of any retained tree on or adjacent to the proposal site. Page 50 Official (b) No equipment, signage, fencing etc shall be attached to or be supported by any retained tree on or adjacent to the application site. (c) No temporary access within designated Root Protection Areas without the prior written approval of the district planning authority, (d) No mixing of cement, dispensing of fuels or chemicals within 10 metres of the tree stem of any retained tree on or adjacent to the application site. (e) No soakaways to be routed within the Root Protections Areas or any retained tree on or adjacent to the application site. (f) No stripping of topsoils, excavations or changing of levels to occur within the Root Protection Areas of any retained tree on or adjacent to the application site. (g) No topsoil, building materials or other to be stored within the Root Protection Areas of any retained tree on or adjacent to the application site. (h) No alterations or variations of the approved works or tree protection schemes shall be carried out without the prior written approval of the district planning authority.   Reason: To ensure the retention of trees which are important to the character and amenity of the surrounding area to accord with Policy S66 of the Central Lincolnshire Local Plan (Adopted 2023).   11.No development or site clearance/preparation shall take place unless and until the applicant, or their agents or successors in title, has secured the implementation of an agreed written specification that sets out a programme of work to mitigate the impact of construction to known archaeological remains. The specification shall be submitted to and approved in writing by the Local Planning Authority. The programme of work shall be carried out strictly in accordance with the approved specification.   Reason: To ensure that archaeological remains are preserved in situ or investigated and recorded as appropriate and to ensure that the information is made available, in accordance with Policy S57 of the Central Lincolnshire Local Plan (Adopted 2023).   12.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re enacting that Order with or without modification): (a) No external alterations shall be carried out to the dwellings (b) No extensions shall be carried out to the dwellings (c) No garages or outbuildings incidental to the enjoyment of the dwelling/s shall be erected within the curtilage of the dwellings Official Page 51 (d) No vehicle standing space or hard standing shall be provided within the curtilage of the dwellings (e) No gates, walls, fences or other structures shall be erected along any boundary to the curtilage of the dwellings (f) No means of vehicular access shall be constructed to the curtilage of the dwellings (g) No windows or dormer windows shall be added to the dwellings other than those expressly authorised by this permission, unless planning permission for such development has been granted by the Local Planning Authority.   Reason: The Local Planning Authority would wish to consider the potential impacts of such works in relation to matters of flood risk, drainage and visual amenity in accordance with Policies S21 and S53 of the Central Lincolnshire Local Plan (Adopted 2023).   13.The dwelling/s hereby approved shall be constructed to ensure that the consumption of wholesome water by persons occupying the dwelling/s is in accordance with the Building Regulations Approved Document G, Requirement G2/Regulation 36 Optional Technical Requirement of 110 litres per person per day.   Reason: To minimise impacts on the water environment and to accord with Optional Technical Housing Standards to accord with Policies S12 and S53 of the Central Lincolnshire Local Plan (Adopted 2023).   14.The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans, listed below on this decision notice.   Reason: To ensure that the development takes place in accordance with the approved details.

Date of Decision: September 1, 2026