Site:
Application No:
Target Date:
Agent:
Applicant:
Development:
The Victory Public House, Boultham Park Road, Lincoln
2015/0038/F
1 May 2015
JH Walter
Mr Steve Shammon
Demolition of public house and garages and erection of three
detached buildings comprising 14 dwellings and 4 ground floor
commercial units for A2 ‘Financial and Professional Services’
or B1 ‘Office’ purposes (REVISED DESCRIPTION)
Background
Site Location and Description
The proposed development relates to a previously developed site located on the west side
of Boultham Park Road, approximately 50 metres south of the Dixon Street/Boultham Park
Road junction. The site comprises land formed by The Victory public house, its car park
and a series of garages and vehicle storage to the rear. The building is not Listed, nor is
the site located within a Conservation Area; but it is located within Flood Zone 3 and is,
therefore, at high risk of flooding.
The applicant acquired the public house in March 2014, after submitting an application for
planning permission to redevelop the site to the rear (details below). Planning officers
encouraged the applicant to explore the potential for a comprehensive scheme
incorporating the site of the public house, which led to this revised scheme being
submitted.
The proposed development has been subject to detailed discussions and negotiations at
both pre-application and application stage.
In addition to detailed drawings, a Planning, Design and Access Statement (January 2015);
Flood Risk Assessment and Flood Evacuation Plan (January 2015); and Tree Survey
(March 2015, by email) have been submitted with the application.
Site History
2014/0269/DEM – Prior approval not required for demolition of public house, 29th May 2014
2014/0057/F – Undetermined application for the erection of five dwellings to the north of
Sunningdale Drive i.e. the garages and vehicle storage to the rear of The Victory.
Case Officer Site Visit
Undertaken on 11th February 2015.
Issues
1.
2.
3.
4.
5.
National and local planning policy
Loss of public house
Impact on residential amenity
Impact on visual amenity
Flood risk and surface water drainage
6. Contaminated land and other environmental impacts
7. Impact on highway safety
8. Bin storage and collection
Policies Referred to
1
2
3
4
5
6
National Planning Policy Framework
Policy 29
Shop Fronts
Policy 34
Design and Amenity
Policy 35
Design of New Residential Areas
Policy 56A New Housing (self-contained)
Policy 65B Play and Amenity Space in Housing Areas
Consultations
Consultations were carried out in accordance with the Statement of Community
Involvement, adopted May 2014.
Responses
Highways & Planning
Highways & Planning
Kathryn McKee
Anglian Water
Environment Agency
Mick Albans
Environmental Health
Mr T & Mrs J Connell
Guy Hird
Highways & Planning
Lee George
Lincolnshire County Council
Lincolnshire County Council
Planning and Equivalence Team
Thorpe Wood House
Thorpe Wood
Peterborough
PE3 6WT
[email protected]
Waterside House
Waterside North
Lincoln
LN2 5HA
Tree Officer
Environmental Health
54 Boultham Park Road
Lincoln
Lincolnshire
LN6 7BB
Upper Witham
Witham House
J1 The Point
Weaver Road
Lincoln
LN6 3QN
Lincolnshire County Council
Community Contracts Manager
Director of Housing & Community
Services
Comments
Objection
Objection
Comment
Comment
Comments
Comments
Objection
Objection
Comment
Comment
Anglian Water
Lincoln Civic Trust
Mr and Mrs Smith
Mick Albans
Cllr. Gary Hewson
Lincolnshire Police
Peter Banks
Lincolnshire County
Stephen Mason
Council
Planning and Equivalence Team
Thorpe Wood House
Thorpe Wood
Peterborough
PE3 6WT
St Mary’s Guildhall
385 High Street
Lincoln
LN5 7RY
2 Sunningdale Drive
Lincoln
Lincolnshire
LN6 7UD
Tree Officer
152 Boultham Park Road
Lincoln
LN6 7TF
Police Headquarters
PO Box 999
Lincoln LN5 7PH
Banks Long & Co.
15 St Mary’s Street
Lincoln LN5 7EQ
Attn. Peter Banks
- By Email
Comment
No
objections
Comment
Comment
Comment
Comment
Comment
Comment
Neighbours have expressed concerns about;




Potential increase in traffic along Boultham Park Road
Parking of vehicles currently stored on site and associated with the proposed
residential and commercial units (occupants and visitors)
Proposed access - opposite the approved new entrance to the residential area within
the former dairy site on the east side of Boultham Park Road
Potential end uses of proposed commercial units
Consideration of Issues
The proposed development would include the demolition of the existing public house and
garages to the rear of the site; and the erection of three detached buildings comprising 14
dwellings and 4 ground floor commercial units. Residential units 1-8 would be provided
within the same building as the proposed commercial units to the front of the site, and each
comprise of a garage, entrance hall and WC on the ground floor; living room and open plan
kitchen diner on the first floor; and a bathroom and two bedrooms on the second floor.
Screened roof terraces would provide outdoor amenity space to the rear of each property.
The second building would accommodate parking for the proposed commercial units, circa
2 spaces per unit, and residential units 9-10, which would each comprise of a garage on
the ground floor; and a bathroom, open plan kitchen diner and two bedrooms on the first
floor. Residential units 11-14 would be provided within the third and final building to the rear
of the site and each comprise of a garage, entrance hall, WC, utility and store on the
ground floor; living room and open plan kitchen diner on the first floor; and a bathroom and
two bedrooms on the second floor. Additional parking space would be available to the front
of residential units 1-8 and 11-14.
After concerns were raised by consultees regarding the potential end uses of the proposed
commercial units and parking provision for staff and visitors, the description of development
was revised to specify the proposed end uses as A2 ‘Financial and Professional Services’
or B1 ‘Office’ (see Section 7 ‘Impact on highway safety’).
National and Local Planning Policy
Paragraph 14 of the National Planning Policy Framework (NPPF) outlines the “presumption
in favour of sustainable development” which, for decision taking, means:


Approving development proposals that accord with the development plan without
delay; and
Where the development plan is absent, silent or relevant policies are out of date,
granting permission unless;
o Any adverse impacts of doing so would significantly and demonstrably
outweigh the benefits, when assessed against the policies in [the NPPF]
taken as a whole; or
o Specific policies in [the NPPF] indicate development should be restricted.
Whilst a key objective of the NPPF is to significantly increase the delivery of new homes, it
also states development should respond to local character and history; and reflect the
identity of local surroundings and materials, while not preventing or discouraging
appropriate innovation. Planning decisions should also encourage the effective use of land
by re-using that which has been previously developed i.e. brownfield land.
The application site is located within an area shown on the City of Lincoln Local Plan
Proposals Map (1998) as being predominantly for residential use. Planning permission has
been granted for mixed use development including housing on the east side of Boultham
Park Road, suggesting this is an appropriate form of development.
Policy 34 ‘Design and Amenity Standards’ of the City of Lincoln Local Plan (1998) is
permissive of new buildings provided the scale, massing, height, design, external
appearance and facing materials to be used in the development complement the
architectural style and townscape character of the locality, and the siting and layout has a
satisfactory physical and functional relationship to adjoining buildings and streetscape.
Policy 35 ‘Design of New Residential Areas’ aims to promote a strong sense of local
identity and a high standard of design and layout in residential areas and mixed use areas
including housing.
1. Loss of Public House
In accordance with national planning policy and guidance, The Victory public house can be
demolished without prior approval from the local planning authority. However, the building
remains in place, therefore, the potential impacts associated with its demolition and loss
have been considered.
Paragraph 70 of the NPPF states planning decisions should “guard against the
unnecessary loss of valued facilities and services, particularly where this would reduce the
community’s ability to meet its day-to-day needs”. The city council has received no
representations in relation to the demolition or loss of the public house, in response to
neither this application nor the previous prior approval application for demolition
(2014/0269/DEM). Furthermore, there are several public houses nearby which have met
local needs since The Victory closed over a year ago. The city council is, therefore,
satisfied the loss of the public house would not be detrimental to the local community.
2. Impact on Residential Amenity
To the north of the site are the residential properties at 46 and 48 Boultham Park Road and
1 to 29 Glenwood Grove; and to the south are the residential properties at 54 to 58
Boultham Park Road and 2 to 14 Sunningdale Drive. In addition to concerns addressed
elsewhere in this report, neighbours at 54 Boultham Park Road are concerned about the
height and size of the proposed buildings, and the closeness of the development to their
property. Whilst the proposed development would reduce the separation distance between
this property and buildings within the application site, the proposed building to the front of
the site would have a similar eaves height (c.10.5 metres) and ridge height (c. 13.3 metres)
to the property at 54 Boultham Park Road, despite including habitable accommodation on
the first and second floors.
The demolition of the garages to the rear of the site would result in the loss of the wall that
forms the rear boundary of residential properties at 2 to 14 Sunningdale Drive. In addition
to concerns addressed elsewhere in this report, neighbours at 2 Sunningdale Drive are
concerned about the loss of the wall, and the potential impact on their privacy. The
treatment of the boundary between the application site and neighbour’s gardens, where this
would not be formed by the proposed buildings, is not explicit on the drawings submitted
with the application, but the applicant has indicated it would be of a similar height (c. 1.8
metres). A planning condition requiring further details of proposed boundary treatments is,
therefore, considered appropriate to impose on an approved application.
Overall, the proposed development includes dormer windows to ensure the height of the
proposed buildings do not adversely affect the amenities of neighbours to the north and
south of the application site. The city council is, therefore, satisfied residential amenity
would not be harmed by, or as a result of, the proposed development.
3. Impact on Visual Amenity
Although The Victory public house stands out as a landmark building within the area, it is
situated to the north side of the site, with a significant set back to accommodate a vast
parking area that dominates the frontage. The demolition of the public house would enable
the regeneration of the entire site, including the former garage site to the rear, which has
previously encouraged anti-social behaviour and fly tipping.
The proposed buildings would include Steel Grey Splitface Blocks (low level masonry), Old
Saxon Blend Crest Bricks (high level masonry) and Pewter Polished Florentine Block (band
between low and high level masonry). Residential units would include Stone Grey uPVC
windows; European Oak front doors and Golden Oak garage doors; and commercial units
would include Anthracite Grey pressed aluminium shop front surround features and Signal
Grey power coated aluminium double glazing shop front windows.
The building to the front of the site would present a strong and active frontage, of a similar
scale and height to existing buildings on the west side of Boultham Park Road. In contrast,
the building to the rear of the site has been designed to emulate a converted warehouse, in
part to increase the amount of light into the proposed living spaces, but also to make
reference to the larger commercial buildings to the rear and west of the site.
The city council, therefore, considers the proposals would deliver a contemporary
development, considerate of the variety of building style within the St Matthew’s character
area.
Lincoln Townscape Assessment
St Matthew’s character area mainly consists of separate areas of residential developments,
within a Character Area that is itself surrounded by industrial areas and ‘out-of-town’ retail
parks to the north, west and east. The Character Area does not have a coherent form or
centre and does not have a clear, distinct character. This is in part due to the varied
suburban townscape reflecting changes from early 19th century through to the 21st century,
many of which have been carried out with limited reference to earlier developments.
4. Flood Risk and Surface Water Drainage
The Environment Agency has confirmed the Flood Risk Assessment (FRA) submitted with
the application meets the requirements of the NPPF, subject to a condition being imposed
on an approved application to mitigate flood risk to the development.
Technical Guidance to the NPPF suggests both Sequential and Exceptional Tests need to
be applied to development comprising ‘buildings used for dwelling houses’ i.e. ‘More
Vulnerable’ development in Flood Zone 3. The Sequential Test ensures that a sequential
approach is followed to steer new development to areas with the lowest probability of
flooding. Only where there are no reasonably available sites in Flood Zones 1 or 2 should
the suitability of sites in Flood Zone 3 be considered, taking into account the flood risk
vulnerability of land uses and applying the Exception Test if required.
The agreed scope of the Sequential Test involved the assessment of 10 sites of similar size
and potential capacity within the authority’s administrative boundary, promoted as potential
allocations through the Central Lincolnshire Strategic Housing Land Availability
Assessment (SHLAA)1. Evidence presented within the Planning, Design and Access
Statement (4.30-4.42) demonstrates there are no other reasonably available sites that can
accommodate the proposed development in an area at lesser risk of flooding within the
authority’s administrative boundary. Furthermore, it is considered the proposed
development would provide wider sustainability benefits to the community; through the
reuse of brownfield land and provision of new residential and commercial units; that would
outweigh flood risk. Finally, the FRA submitted with the application provides details of
mitigation measures that would reduce the risk and impact of flooding to the proposed
development and future occupants. The city council is, therefore, satisfied the Sequential
and Exception Tests have been passed.
The Upper Witham Drainage Board has objected to the proposed development due to
concerns about flood risk and lack of information relating to surface water drainage. Anglian
Water has confirmed there is adequate spare capacity in the existing system, but requested
a surface water management strategy to be prepared to prevent environmental and
A Central Lincolnshire Strategic Housing and Employment Land Availability Assessment has subsequently
been published, superseding the Strategic Housing Land Availability Assessment referred to during the
process of application
1
amenity problems arising from flooding. A condition requiring the applicant to submit a
strategy to the city council prior to development is, therefore, considered appropriate to
impose on an approved application.
5. Contaminated Land and other Environmental Impacts
The city council’s Pollution Control Officer has indicated there is potential for contamination
to be found on the site due to past uses. It is, therefore, considered appropriate to impose
standard contaminated land planning conditions on an approved application, which would
require the applicant to characterise the site; submit a remediation scheme; implement the
approved remediation scheme; and report unexpected contamination. Although there has
been a request to incorporate electric vehicle recharge points, it is not considered
proportionate to impose a condition requiring this, given the scale and location of the
proposed development.
The city council’s Arboricultural Officer has inspected the trees within the site boundary and
concluded they are poor specimens and of low amenity value. Evidence suggests the trees
have historically caused problems to residents of neighbouring properties in the form of
restricted light, overhanging branches, falling debris, deadwood and leaves. The city
council, therefore, considers the trees are not worthy of consideration for protection under a
Tree Preservation Order and would not object to any proposal to have them felled in order
to accommodate an appropriate soft landscaping scheme. However, it is considered
appropriate to impose a planning condition on an approved application, requiring the
applicant to submit details of a landscaping scheme and trees to be felled.
6. Impact on Highway Safety
Access to the site would be via the existing entrance to the north of the site, deemed
acceptable in highway safety terms by the Highways Authority. Although the development
is currently proposed to remain private, the geometry is such that it can be built to an
adoptable standard in line with the Highways Authority’s Development Road Specification.
During the process of application, the Highways Authority requested details of proposed
areas for adoption; site layout; refuse vehicle access and egress; use of proposed
commercial units and associated parking arrangements. The applicant subsequently
provided a revised site layout showing the proposed road geometry; and swept path
analysis, demonstrating the development is capable of accommodating a refuse collection
vehicle, allowing it to enter and exit the site in a forward gear.
Notwithstanding the provision of additional information, the Highways Authority has
requested the city council, as the local planning authority, refuses the application due to
concerns about parking provision and subsequent potential for on street parking at this
location on Boultham Park Road. Planning officers responded to these concerns by
encouraging the applicant to specify the end uses of the proposed commercial units as A2
‘Financial and Professional Services’ or B1 ‘Office’. It is considered these uses, coupled
with the size of the proposed units, are unlikely to generate a significant number of staff,
visitors or associated vehicles. However, it is considered appropriate to impose a planning
condition on an approved application restricting the end use of the proposed commercial
units.
On balance, the city council considers the potential for on street parking does not
significantly and demonstrably outweigh the wider sustainability benefits of the proposed
development, as described in subsequent sections of this report.
7. Bin Storage and Collection
The proposed development would include four appropriately sized bin stores for the
proposed residential and commercial units. Swept path analysis demonstrates the
development is capable of accommodating a refuse collection vehicle, allowing it to enter
and exit the site in a forward gear. A planning condition specifying appropriate times for
waste collections is considered appropriate to impose on an approved application.
8. Section 106 Contributions
The applicant would enter into a Section 106 legal agreement for contributions towards
education provision at Sir Francis Hill School, Bristol Drive (£11,276.00); off site playing
field provision at Boultham Park (£10,162.00); and children’s play space provision at
Hartsholme Country Park (£6,114.00). The site falls below the current threshold for
affordable housing provision (i.e. sites exceeding 15 or more dwellings or 1 hectare or
more).
Conclusion
The proposed development is acceptable, and would not unduly impact on the amenities of
neighbouring properties or the wider area. Access to and from the site would be safe and
convenient for both pedestrians and vehicles; and be capable of accommodating a refuse
collection vehicle. Parking provision for the proposed residential and commercial units is
adequate, given the scale of the proposed development and potential end use of the
proposed commercial units. Finally, in relation to flood risk, the proposed development
would be safe and not lead to increased flood risk elsewhere.
Financial Implications
None.
Legal Implications
None.
Application Negotiated Either at Pre-Application or During Process of Application
Yes, at pre-application and application stage.
Equality Implications
None.
Application Determined Within Target Date
Yes, extension of time agreed with the applicant.
Recommendation
Grant conditionally subject to the completion and signing of the Section 106 agreement.
Conditions
1)
2)
3)
4)
5)
6)
7)
3 year time limit
In accordance with approved plans
Landscaping scheme including trees to be felled
Samples of materials
Details of surface water drainage requested by Anglian Water
Standard contaminated land conditions
Development in accordance with approved Flood Risk Assessment requested by
Environment Agency
8) Commercial units A2 ‘Financial and Professional Services’ or B1 ‘Office’ only
9) Size of ground floor commercial units to remain unchanged
10)Operating and delivery hours
11)Permitted development rights removed - satellite dishes on east elevation of residential
units 1-8
12)Proposed boundary treatments
13)Waste collection times
14)No permanent storage of bins to the front
15)Construction hours
Report by: Planning Manager
a View Down Boultham Park Road (South)
a View Up Boultham Park Road (North)
b Site Entrance
c View From Site Entrance Towards Boultham Park Road
d Garages to the Rear
e View Towards Properties on Sunningdale Drive
f View Towards Properties on Glenwood Grove