Item No 4b

Site: Land To the South East of Albion Close, Lincoln

Application No: 2012/0410/F

Target Date:

Agent: Globe Consultants

Applicant: Mr Tony Lawton

Development: Erection of 13 dwellings

Background The application is for the erection of 13 detached dwellings on land to the south of Albion Close, which is currently a cul-de-sac and is accessed from Long Leys Road via Albion Crescent. The development site forms an irregular shaped parcel of open space which currently consists of semi-natural grassland, weeds and shrubs.

The access to the site would be taken from the existing turning head for the cul-de-sac (below left looking back towards Albion Close), across an existing area of grass land which sits adjacent to an existing footpath linking Albion Crescent and Albion Close to the north of the site. The site is currently separated from this grass land and the properties of Albion Close by a line of existing hedging and trees (shown below right, looking west).

The wider site is bounded by residential development to the north and east, on Albion Close and Albion Crescent, which predominantly takes the form of 1960s and 1970s bungalows and two storey houses, whilst to the west are the business uses associated with the industrial area accessed off Long Leys Road. Further to the south the land remains open, whilst a public footpath also runs southwards to Burton Road up the Lincoln edge adjacent to the eastern boundary of the site. In terms of topography, the site and surrounding area slope upwards from west to east and from north to south. The Proposal

The proposed site layout is detailed above. The application proposes 13 detached, 3 and 4 bedroom properties, each with garages, arranged predominantly along the southern edge of the site with two properties located on its northern side. The main access into the site proposes a continuation of Albion Close where it currently terminates at the head of the cul-de-sac, across an area of grass land used as amenity space by local residents, and the existing belt of trees and hedging. The properties are of a contemporary design and proposed to achieve Code Level 5 of the Code for Sustainable Homes, the layout designed to maximise the southerly aspect of the site for this purpose. Site Visit Undertaken on 17th September 2012.

Issues The Planning History of the Site The Principle of the Development in relation to Local and National Planning

Policy Visual Amenity, Design and the Character and Appearance of the Area Residential Amenity Access, Highway Safety and Parking Trees and Landscaping Ecology and Biodiversity Surface Water Drainage Contaminated Land

Policies Referred to Local Planning Policy Policy 34: Design and Amenity Standards Policy 35: Design of New Residential Areas Policy 41: Energy Efficiency Policy 45A: Trees and other Ecological and Landscape Features on

Development Sites Policy 56A: New Housing (self-contained) Policy 67A: Existing Allocations for Business and Industry Policy 104: Long Leys Urban Village

National Planning Policy Framework (NPPF) Chapter 1: Building a strong and competitive economy Chapter 4: Promoting sustainable transport Chapter 6: Delivering a wide choice of high quality homes Chapter 7: Requiring good design Chapter 10: Meeting the challenge of climate change, flooding and

coastal change Chapter 11: Conserving and enhancing the natural environment

Other Relevant Policy Lincoln Townscape Assessment Character Area Statement (LTA) Central Lincolnshire Strategic Housing Land Availability Assessment –

refers to the housing figures in the Regional Plan and the emerging Core Strategy of the Central Lincolnshire Local Development Framework. It currently demonstrates the provision of approximately four years supply of housing land for the Lincoln Principal Urban Area, however the NPPF requires local authorities to demonstrate a five year supply.

The Employment Land Review for Lincoln (2009) - This report assesses the supply, need and demand for employment land and premises in the City of Lincoln. Its aim is to provide robust evidence to underpin and inform the Local Development Framework for the period to 2026.

Manual for Streets – Produced by Central Government, the manual encourages the development industry to think creatively about their various roles in the process of delivering streets, breaking away from standardised, prescriptive, risk-averse highway methods to create high-quality places.

City of Lincoln Council Strategic Priorities – Reduce Lincoln’s Carbon Footprint

Consultations Consultations were carried out in accordance with the Statement of Community Involvement, adopted June 2006. Responses Lincoln Civic Trust St Mary`s Guildhall

385 High Street Lincoln LN5 7RY

No objections

Charles Walster Charles@CharlesWalster.Plus.com Objection

Dr Jacqueline Briggs 17 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

Mr & Mrs Wilms 16 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

Anthony Wass 54 Albion Crescent Lincoln Lincolnshire LN1 1EB

Objection

Mrs Stella Clarke 14 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

Derrick & Patricia Webster (Two letters received)

9 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

Mrs B Harding 8 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

Mrs Peggy Ogden

11 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

Mr & Mrs J Chapman 25 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

Mrs J M Murphy 12 Albion Close

Lincoln Lincolnshire LN1 1ED

Objection

H Store 5 Albion Close

Lincoln Lincolnshire LN1 1ED

Comments

Mr & Mrs W A Jones 24 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

Mr & Mrs Moody 22 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

Mrs I Pearson 4 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

C M Brown 48 Albion Crescent Lincoln Lincolnshire LN1 1EB

Objection

Mrs J R Walker 21 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

R Moyses 34 Albion Crescent Lincoln Lincolnshire LN1 1EB

Objection

D A Alsop 38 Albion Crescent Lincoln Lincolnshire LN1 1EB

Objection

Margaret Joan Corbett 36 Albion Crescent Lincoln Lincolnshire LN1 1EB

Objection

Mrs I Taylor 6 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

Mrs H I Ogden 11 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

David & Elizabeth Wilson

52 Albion Crescent Lincoln Lincolnshire LN1 1EB

Objection

David I Smith 13 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

Richard Weller 20 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

Long Leys Residents Association

Mr G Stimson Long Leys Residents Association 9 Carram Way LINCOLN LN1 1AB

Objection

Martin Ashby and Robin Ashby (Joint owners of 26 Albion Close)

63 Henniker Gate Chelmsford CM2 6SD

Objection

Rebecca Hogg & Scott Flower 3 Albion Close Lincoln Lincolnshire LN11ED

Objection

Keith Newsome 23 Albion Close Lincoln Lincolnshire LN1 1ED

Objection

Nigel Thornton 32 Albion Crescent Lincoln Lincolnshire LN1 1EB

Objection

Highways & Planning Lincolnshire County Council

Comment

Ken Pratt

Upper Witham Drainage Board J1 The Point, Weaver Road, Lincoln. LN6 3QN

Comment

All of the objections received as part of the consultation are copied in full at the end of this report, and the issues raised are addressed within it. The main points, however, are summarised below: - The proposal would be contrary to the provisions of the Local Plan. The site has previously been the subject of two refusals for residential

development. The access to the development would, due to the existing road layout/width, be

unsafe and contrary to highway safety. The access is inappropriate through an existing residential area and

alternatives from Long Leys Road would be more appropriate, and access from Albion Close could potentially serve further development on the adjacent land.

Unacceptable impact during construction given the likely volume and type of vehicles.

The access would result in the loss of an area of green space which is currently used as amenity space by local residents.

Loss of trees and the impact on ecology and biodiversity. Overlooking and subsequent loss of privacy from the houses given their two

storey nature and raised levels. The dwellings would be out of character given the area is made up of

predominantly bungalows. The drainage proposed is inadequate and would result in problems for existing

residents if approved, particularly given the site is situated above many of the adjacent properties.

The land is contaminated given its previous uses. Consideration Planning History The site has been the subject of two previous outline applications for residential development in 1979 (LA25/0056/79) and in 1982 (LA25/0732/82). Both of these applications were refused, and this has been raised as part of the consultation process. Both applications were refused due to inadequate access given the volume of traffic the proposal would generate, however the 1982 refusal reason went further in relation to the reasons for refusal. These also included the loss of amenity space on Albion Close, a lack of capacity in the existing surface water drainage system and being contrary to the 1967 Lincoln Development Plan with the loss of land allocated for industrial purposes. Given that the 1982 application was considered nearly 30 years ago, it has very limited weight in relation to this proposal. As Members will be aware, there have been numerous changes in relation to planning policy and the wider planning system since that time, not least with the introduction of the City of Lincoln Local Plan and NPPF. The development will therefore be assessed against these documents as the Statutory Development Plan in accordance with current legislation, together with other currently relevant policies.

The Principle of the Development in Relation to Local and National Planning Policy The site forms part of a wider area of land allocated for business and industry within the City of Lincoln Local Plan (proposals map reference 1B19 North of Long Leys Road). Policy 67A: Existing Allocations for Business and Industry states that ‘planning permission will be granted….for the development and extension of, and changes of use between, business, general industrial, storage and distribution and other uses as specified…’. The policy goes on to specify land to the north of Long Leys Road as specifically suitable for B1: Business uses. This issue has been raised by objectors to the proposal who feel that uses other than light industry/business would be contrary to the Local Plan. Whilst the Local Plan allocates the site for business and industry, Policy 67A is a permissive policy and does not restrict development of the site to those uses alone. It is necessary to ensure an appropriate supply of employment land in the city, but the policies in the Local Plan do not seek to protect this employment site from all non employment development and the proposal is therefore not contrary to the provisions of the Local Plan. The employment needs of the city have, however, been carefully considered, including the likely demand and opportunities for the development of the site for employment uses. It is worth noting that the site has been allocated for some form of industrial development at least since 1967, as identified by the 1982 refusal detailed earlier within this report, and more recently within the Local Plan (1998), yet remains undeveloped. More recently the Employment Land Review for Lincoln (2009) identified that this site would be unlikely to come forward for development as employment land given that it ‘lacks prominence, has poor access, limited environmental quality and low critical mass’ (Table 77 – site specific conclusions), and the site scored poorly in relation to its suitability in terms of its overall quality for such development. The review goes on to state that there are numerous other sites which are more appropriate which should benefit from protection and this site, taking into account site specific factors, was not consequently considered part of the current land supply for employment uses. The NPPF is clear in stating that Local Planning Authorities ‘should avoid the long term protection of sites where there is no reasonable prospect of a site being developed for that use…..and applications for alternative uses….should be treated on their merits’ (para 22). Based on its lack of development despite its long standing allocation, and its lack of suitability for development as employment land as identified within the Employment Land Review, it is not considered necessary to seek to resist non business and industrial uses on this site as other sites are available, better located and less constrained elsewhere in the city. In terms of the suitability of the land for housing, the NPPF states that housing development ‘should be considered in the context of the presumption in favour of sustainable development’ (Para 49). The site is located adjacent to an existing residential area and within proximity to the goods and services offered within uphill Lincoln and within the City Centre, and is therefore considered a sustainable location. The provision of housing on the site would also contribute to the five year housing land supply at a time when the current supply falls short of what is required, and I am therefore satisfied that the provision of the land for housing is compatible with local and national planning policy and is acceptable in principle. The application does,

however, need to be assessed against of a number of other material considerations and policies and these are outlined in more detail below. Visual Amenity, Design and the Character and Appearance of the Area The application proposes 13 large, detached dwellings set within generous plots and each with their own detached garage. The dwellings would also be constructed to Code Level 5 of the Code for Sustainable Homes, and this is a level of sustainability which has not been achieved in any other residential development constructed within the City. Accordingly, each of the dwellings would incorporate a number of renewable energy technologies and design features including photovoltaic and solar thermal panels, rainwater harvesting, mechanical heat recovery ventilation, increased insulation and triple glazed windows. The existing belt of trees and hedging at the northern edge of the site would be retained, with the exception of the trees required to be removed to facilitate the access for the development. The site forms part of the St George’s Character Area within (LTA). This states that ‘during Post-War Period residential housing developed around Albion Crescent and Albion Close, and small-scale industry was located along Long Leys Road. During the Modern Period, increasingly large residential developments were constructed on open land on part of the hospital site to the south and north of Long Leys Road respectively’. Some of the consultation responses raised concerns in relation to the impact of this proposal on the existing character of the area, with particular emphasis on the fact that two storey houses were proposed adjacent to the bungalows of Albion Close. The four house types proposed would utilise a broadly similar palette of materials with either buff coloured or red facing brickwork used in combination with timber/ cedar cladding to create a more contemporary finish to the dwellings. In terms of form and construction, much of this would be guided by the need to incorporate sustainability measures. The variations in roof form from the traditional dual-pitch roof ensure a greater surface to accommodate photovoltaic and solar thermal panels, and the architectural approach is successful in creating a unique sense of place.

Albion Crescent close to its junction with Albion Close

Notwithstanding this, the properties themselves are set back from the edge of the footpath with front gardens and within generous plots, whilst the scheme retains the existing tree belt and incorporates new hedging and tree planting as well as areas of open space. This ensures the development maintains a physical relationship with the wider area, whilst retaining a low density to match the character of the adjacent residential development. In terms of scale, whilst there are bungalows adjacent, there are two storey properties within the wider area and given the aforementioned factors I am satisfied the development assimilates effectively into the area. The NPPF states that ‘great weight should be given to outstanding or innovative designs which help raise the standard of design more generally in the area’ (para 63), and that ‘Local planning authorities should not refuse planning permission for buildings or infrastructure which promote high levels of sustainability because of concerns about incompatibility with an existing townscape, if those concerns have been mitigated by good design’ (Paragraph 65). This development proposes a level of sustainability unique within the City, contributing to one of the Council’s main aims, and demonstrates high quality contemporary design which integrates successfully with the wider area whilst also creating an individual sense of place.

Residential Amenity Some of the objections raise the issue of the development causing overlooking and the associated loss of privacy, particularly given the topography of the site. In addition, one of the principle objections relate to the issue of the main access crossing the green space to the north of the site, which the residents use as amenity space. Other objections also relate to the noise and disturbance from the additional traffic, and particularly during construction.

CGI of proposed street scene (plots 1 – 5)

Proposed relationship between plot 10 and 36 Albion Crescent

Proposed relationship between plot 1 and 26 Albion Close

The new housing would be located to the south of the existing on Albion Crescent and Albion Close, and the adjacent picture shows the existing relationship between the site and the Albion Crescent properties. The closest relationships proposed are between plot 10 and no.36 Albion Crescent at 25m, and between Plot 1 and 26 Albion Close at 22m to the proposed two storey house. The degrees of separation here are acceptable, whilst there is, however, typically a degree of separation of over 30m given that most of the new properties are proposed on the southern half of the site. This separation, combined with the retention of the tree planting and hedging on the northern boundary, would ensure that the impact of the proposed built form on the adjacent properties would be acceptable. One of the principle objections relates to the loss of existing amenity space on Albion Close given the proposed access. The proposed access road crosses a strip of grass land to the north of the site, running through the existing belt of trees and hedging and extending the existing cul-de-sac shown on the adjacent photographs. In addition, the area immediately adjacent to the footpath would also require some slight re-

grading given that it forms part of the drainage solution proposed and this is discussed later in more detail in the drainage section of the report. The land itself is not afforded any specialist protection as an area of open space in terms of planning policy, but does form part of a network of green spaces within this residential area which were clearly a planned part of the original layout and such areas are common within residential developments.

Firstly, in terms of the area to be used for drainage, this would only appear gently sloping in its capacity as a detention basin, and would hold shallow depths of water only for a short period of time during extreme storm events. The land would be adopted by Anglian Water, who would maintain it and given that the majority of the time this area would be dry and would continue to function as usable public space, I am satisfied there is no loss of amenity to local residents here. In terms of the access road, the applicants have attempted to offset the loss of the area to be used for the road by providing an area of public open space within the site. The plan detailed above shows the proposed new access road (shaded pink), and the proposed new area of open space to be provided within the site (shaded green). Whilst not operated as such, this area of land to the north of the tree belt was previously private land which the local community have benefited from the use of for a considerable amount of time. The proposed new area to be provided within the site does, however, exceed the amount of land to be lost in terms of area and has been designed into the scheme to provide both a focal point for the new development as well a new area of open space for the existing community. The area is, however, separated from Albion Close by the existing hedging and tree belt, and I accept the physical separation from this street does reduce its attractiveness as open space to these residents. The applicants have though committed to ensuring this area remains amenity space for the benefit of all local residents and this does, therefore, go someway to mitigating the loss of land on Albion Close. As members will note, the access road has also been deliberately streamlined to the minimum engineering width and designed as a shared space in an attempt to reduce its land take, as well as its wider impact on the surroundings. In addition, the access road in this location is the most desirable location in planning terms, integrating the development with the existing residential area. Whilst I accept that access here does cause a loss of amenity space to Albion Close, this is offset by the additional, larger space provided within the site and although physically separated from Albion Close, it would remain dedicated and usable space and on balance I am satisfied the access in this location is acceptable. The land should remain, maintained, amenity space in perpetuity and this should be a condition of any consent. In relation to other amenity concerns, further issues raised relate to the noise and disturbance associated with the additional traffic, as well as the impact of the development during construction. I am satisfied, however, that the movements associated with the additional traffic caused by a development of this scale would not

be sufficient enough to cause undue noise and disturbance. In relation to the impact during construction, whilst this is not specifically a material consideration conditions may be imposed to minimise the impact. The applicants, Lindum Homes, are part of the Considerate Construction scheme which ensures best practice during construction. Notwithstanding this, Lindum’s have committed to the provision of a construction management plan which would form a condition of any consent should this be granted. The management plan would address matters such as working hours, management of construction traffic, management of site operatives and on site security and would be agreed with the Council prior to development commencing. I am therefore satisfied that, subject to the specified conditions, that the amenity of the local residents would not be unduly harmed by the proposal. Access, Highway Safety and Parking Concerns have also been raised in relation to the access to the development, due to the existing road layout/width of Albion Close and width of the proposed road being unsafe and contrary to highway safety. Local residents have also raised issue with the access being through an existing residential area stating that alternatives from Long Leys Road would be more appropriate, particularly given access from Albion Close could potentially serve further development on the adjacent land. The layout has been informed by the Governments ‘Manual for Streets’ which seeks to secure a transformation in the quality of streets through a fundamental cultural change in the way streets are designed. The proposal creates a “Home Zone” environment where a movement hierarchy dominated by the car is avoided in favour of creating a series of spaces where pedestrians and cyclists are given greater priority. The layout would also help reduce vehicle speeds as part of a shared surface arrangement, further helping to reduce the perceived dominance of the car. In terms of parking, each of the plots benefits from dedicated on-plot parking spaces provided on driveways and also potentially within garages, and this should ensure minimal impact on Albion Close in terms of additional parking from the development. The application has been assessed by Lincolnshire County Council as Highway Authority, who have confirmed that the proposal meets their technical requirements and would not harm highway safety. This has included an assessment of the existing highways (Albion Close and Albion Crescent), and this concludes that the design is sufficient to accommodate the movements proposed by the development. Residents have also stated that the site would be better accessed from Long Leys Road, through the existing industrial estate, whilst an access through Albion Close could potentially serve further development in the future. As members will be aware, however, the application has to be assessed based on the submitted information and it has been demonstrated that the access arrangements are suitable in highway safety terms based on the design of the road and the amount of dwellings proposed. Should further development come forward on the adjacent land in the future, this would require further detailed assessment of the design and capacity of the existing and proposed highway network as part of any future application. I am therefore satisfied that highway safety would not be compromised and the access and parking arrangements are acceptable. Trees and Landscaping Neighbouring objections also relate to the removal of trees on site, and this is specifically required to facilitate access to the site. A full arboricultural report has been submitted with the application, and this states that five trees, two hornbeams, a silver

birch, a wild cherry and a variegated holly, as well as a small amount of hawthorn within area G1 on the plan below would be required to be removed to enable the access to be constructed. In addition, 1 common ash would be required to be removed as it falls within the development site of plot 13. The report also recommends various measures to ensure protection and management of the tree/hedge belt, including the removal of 2 Common Ash trees for arboricultural purposes given they are suppressing other trees within the vicinity.

The trees required to be removed are ringed by the black dots on the plan above and have been individually assessed as having low to moderate amenity value, and are therefore not significant specimens in themselves. Clearly the main value of the trees and hedging in this location relate to their amenity value as a group, and the report concludes that the works proposed would have minimal effect on this and that its screening benefit would remain substantially in tact. One of the trees, within the development site of plot 13, is of higher amenity value however I am satisfied its loss would be mitigated given the areas of new tree planting and landscaping (light blue areas on the plan above), the detail of which would be subject to a condition of any consent. Subject to this condition, and further conditions to ensure the management measures for the trees/hedging are implemented and all tree roots are protected during construction I am satisfied that the loss of the trees would not be unduly harmful.

Tree belt inside the site looking east (top) and at the point of access (bottom)

Ecology and Biodiversity The application has been the subject of an ecological survey to assess the impact of the proposal on both ecology and biodiversity, and this issue has again been raised as part of the objections. The site is not the subject of a statutory designation in relation to nature conservation and is therefore afforded no specialist protection, whilst there are no sites with such a designation with 1km. There are, however, 4 Local Wildlife Site (LWS) within 1km of the site and these are Burton Hall, some 750m to the north, Westcliffe Burton Road approximately 600m to the north, West Common to the south of the site and Hobblers Hole and Newt Hole, around 150m to the south east. The report concludes that the site itself is predominantly grass land which is not of sufficiently high botanical quality to warrant any protection in ecological terms, whilst the hedgerow on the northern boundary (view inside the hedgerow pictured right, top and of the hedgerow looking west adjacent to Albion Crescent gardens) is not of importance for wildlife under the terms of the Hedgerow Regulations, since it is too species-poor in terms of its

diversity of native tree and shrub species. There is, through the development of the site and the arboricultural recommendations contained within the tree report, the opportunity to improve this hedgerow with the integration of native species and this should form a specific part of any condition. With one exception, none of the plants recorded on site are of nature conservation significance since they are all common and widespread species of woodland, scrub, grasslands and disturbed ground. The sole exception is variegated yellow archangel, which occurs as part of the ground flora of the tree belt, which is listed on Schedule 9 of the Wildlife & Countryside Act (1981). This is purely because it is an invasive species, capable of extensive spread in shaded habitats and the proposal would facilitate its careful removal to the benefit of the wider area. In terms of protected species, the report concludes that there are no constraints to the development of this site from badgers, water voles, otters, or roosting bats. Foraging bats are not a constraint since development of the site would not significantly affect the area or linkage of the grassland and scrub habitats available for use by bats on the west side of Lincoln, between Whitton Park and West Common, and the by-pass. The report looks specifically at great crested newts given the presence of water bodies within the vicinity of the site concluding that there are no constraints to development from breeding, sheltering or foraging of newts. Breeding birds are a constraint since the development is likely to require the clearance of habitats which could be used by nesting birds. This constraint however only applies during the bird

breeding season, between March and August inclusive, and site clearance should take place outside of such times. I am therefore satisfied that, given this site is not subject to any specific nature conservation designation and the report concludes the site is not of significant merit in ecological terms and there would be no impact on protected species, that the proposal would be acceptable in relation to ecology and biodiversity. There is, through the development of the site, opportunities to enhance the nature value of the site through the integration of native tree and plant species and the removal of the invasive variegated yellow archangel from the hedgerow. Surface Water Drainage One of the primary objections to the scheme also relates to surface water drainage and the associated impact of run off given the sloping nature of the site. The proposed scheme has, therefore, been carefully designed taking into account the site constraints, whilst also incorporating principles of Sustainable Urban Drainage (SUDS). The drainage system has been predicated on restricting the amount and speed of surface water to the existing surface water sewer within the highway to the front of 21 Albion Close to ensure it does not exceed 4 litres per second. This is the amount/speed of water which Anglian Water have stated is the remaining capacity within the drain.

As a result, the surface water is managed in a number of ways. These include each property having permeable paving to the front of the garages (hatched area on the above plan), draining to a tank beneath the driveways and flowing into a new main sewer (blue on the plan above), as well as a rainwater harvesting tank for use which will recycle the water for reuse within the property. On the northern side of the road, a drainage swale (green on the plan above) will run the length of the site which will take

Detention Basin to cater for excess flow

Existing surface water sewer

Areas of permeable paving to driveways

New main sewer

New drainage swales incorporating check dams

the form of a grassed, gently graded ditch will accommodate check dams to restrict the flow of water to the main surface water sewer on Albion Close. The swales would be adopted and maintained by Lincolnshire County Council. As well as this, a detention basin is also proposed to the north of the hedge/tree belt. This will only be required when the flows are such that the capacities within the swale and the new main sewer are exceeded, and would only therefore hold water for a small period of time until capacity within the main drain on Albion Close becomes available. The system would then ensure that the water is discharged into the sewer at the appropriate time, ensuring no water remains in the basin for a prolonged period. The overall package of measures has been examined by the County Council who are satisfied that the proposal is appropriate for the site subject to the detailed design being the subject of a condition. Similarly, Anglian Water have also been involved in the evolution of the drainage solution and are satisfied that the package of measures are appropriate. In particular, the strategy incorporates the latest sustainable urban drainage principles and successfully controls the volume of water from source to the point of discharge, to ensure that the discharge rate into the existing surface water sewer on Albion Close is acceptable. Subject to the detailed design being the subject of condition, I am satisfied the proposed surface water drainage system is appropriate. Contaminated Land The application has been assessed by the City Council’s Scientific Officer (Contaminated Land), who has advised that due to the site’s past uses as a landfill and brickworks there is potential for significant contamination to be present, and the site is on the Council’s list of potentially contaminated sites. It should be noted, however, that the initial assessment submitted as part of the application states that no significant indications of contamination were identified in the soil or groundwater sampling exercises, whilst all of the soil samples tested below the associated UK criteria for residential development and the Scientific Officer is satisfied that the development can move forward in the form proposed subject to the conditions. This would involve the submission of a further, detailed site investigation and risk assessment, details of any required remediation and confirmation of its implementation and the subsequent reporting of any unexpected contamination. Objections have been received to the proposal in relation to contaminated land, however I am satisfied that the development can come forward in the manner proposed subject to the aforementioned conditions. Conclusion It has been successfully demonstrated that this would be a high quality, sustainable development which meets planning and other policy objectives. Although allocated for business/employment uses, the Local Plan does not preclude other uses being brought forward and as outlined within the Employment Land Review this site is unlikely to be brought forward for its allocated use. Residential development in the manner proposed is a sustainable alternative which adds to the supply of houses in the City at a time when the existing housing land supply falls short of what is required. As Code Level 5 homes these would be unrivalled in terms of their sustainability anywhere in the City and their design and overall layout is successful in creating a unique sense of place, but one which respects key aspects of the character of the wider area.

The loss of amenity space to allow access is compensated for by the additional open space proposed as part of the development, and the development ensures the wider amenity of local residents is maintained. It has also been demonstrated that the site can be developed without causing harm to ecology and biodiversity, maintaining the majority of the existing tree belt and managing this to ensure its continued vitality. In addition, through the incorporation of the latest sustainable urban drainage principles, the drainage scheme successfully controls the volume of water from source to the point of discharge, to ensure that the discharge rate into the existing surface water sewer on Albion Close is acceptable. The scheme has been assessed by the Highway Authority who are satisfied the proposal is appropriate and highway safety would not be compromised. The proposal is therefore in accordance with local policy and implements the provisions of the National Planning Policy Framework in a positive manner. Financial Implications None. Legal Implications Yes – Section 106 securing a contribution to improvement/provision of playing fields and children’s play space. Application Negotiated Either at Pre-Application or During Process of Application Yes – negotiated both pre application and during the process. Equality Implications None. Application Determined within Target Date Yes.

Recommendation Delegate to grant subject to the signing of the Section 106 agreement in relation to the improvement/provision of playing fields and children’s play space. Conditions Standard years and plans Tree protection measures Implementation of recommendations in the tree report Landscaping to include provision of native tree and shrub planting within the

hedgerow/tree belt Construction management plan Materials samples Certification of Code Level 5 Site clearance outside the bird nesting season Contaminated land Final detail of the surface water drainage Management and retention of areas of open space Boundary treatments Land levels and proposed finished floor levels

Report by: Development Service Manager

Consultation Responses

From: Charles Walster [Charles@CharlesWalster.Plus.com]

Sent: 10 August 2012 16:14

To: Technical Team (City of Lincoln Council)

Subject: Application No: 2012/0410/F - Land to the South East of Albion Close, Lincoln

Dear Sir, As a resident of Albion Close, my comments largely relate to the effect of the application on the grassed amenity area and turning head adjacent to nos. 25 and 26 Albion Close. (1) Access Road Because Albion Close is a cul-de-sac and, therefore, has no through traffic, it is a road with few road safety hazards and where children may play in reasonable safety, both on the footways and roads and on the grassed amenity area. The extension of the turning head to form an access road to the proposed new houses will have the following detrimental effects on the safety of Albion Close:- (a) The traffic flow is likely to increase by 50% or more, as some of the proposed houses, with double garages, are likely to be occupied by residents owning two (or more) motor vehicles. (b) The proposed access road will create a sharp and blind corner with Albion Close, the consequences of which could include:- (i) Collisions between vehicles where one is turning right into and and another is turning left out of the new access road at the same time. (ii) Danger for the occupants of nos. 25 and 26 Albion Close when attempting to use their drives. (iii) Danger for children playing, especially from vehicles turning left from the new access road into Albion Close. (iv) Conflict between vehicles using the turning heads for the purposes for which they were provided and vehicles using the new access road. (c) The narrow width of the proposed access road, particularly between the end of the existing turning head and the first drive of the new area, is likely to exacerbate the dangers described in (b) above. In addition, it is likely to present access difficulties for: Fire Service vehicles; ambulances; refuse collection lorries; furniture vans; other large vehicles. The application papers themselves suggest that, were a further site to the South of this proposal to be developed, access would then be required from Long Leys Road. If that is so, there seems no reason why such access from Long Leys Road cannot be developed now. There is, moreover, an existing access road which leaves Long Leys Road between Mawer’s Farm and Curtis’s factory and, via a small industrial area, ends almost at the south western boundary of the proposed development. This road could be developed as an access road to the proposed site. There seems, therefore, to be no justification for gaining access to the proposed site by breaking through into Albion Close as there are viable alternatives.

(2) Surface Water Drainage A reading of the application papers suggests that the existing surface water drains in Albion Close will be insufficient for the volumes of water expected to arise from the proposed development, hence the need for grassed swales and a retention basin. Two considerations arise:- (a) The swales and retention basin both seem to be uncovered; if so, they could, when containing water, be a safety hazard for children and others, particularly in the case of the retention basin, as the intention seems to be to site this in the grassed amenity area, where children play. (Although the retention basin is shown on the plan included with the application, it does not appear to be shown on the plan circulated to residents.) (b) An alternative would be to provide a piped drain from the development site directly into the surface water drains on Long Leys Road. The route of this drain could be via the road from Long Leys Road to the south western boundary of the proposed development (described above); this road is on a descending gradient to Long Leys Road. This alternative would obviate the need for use of the grassed amenity area in Albion Close for drainage purposes. (3) Wildlife and Trees The report included with the application appears dismissive about the effects of the proposed development on the wildlife and trees on and around the grassed amenity area. I rarely cross the amenity area without seeing both mammals and birds. The bank of trees on the southern boundary of the area forms natural shade, protection and habitat for wildlife. (The plan included with the application appears to show that more trees are to be destroyed than shown on the plan circulated to residents.) If the access road and surface water drainage were to be routed directly onto Long Leys Road, as described above, there would be no need for any destruction of wildlife and trees in and around the grassed amenity area. (I tried to submit this email by commenting on the application online, but my attempt was rejected because ‘Letter reference must be numeric.’.) Yours faithfully, Charles Walster Charles@CharlesWalster.Plus.com

Response from Lincolnshire County Council

1.0 City of Lincoln Council, as planning authority (PA), made available to

Lincolnshire County Council, as highway authority (HA), the following

documents for consultation on planning application 2012/0410/F, on 8

August 2012:

Planning application form

Initial Drainage Strategy Proposals – Stirling Maynard

Indicative Drainage Layout drawing 4657/00/01A – Stirling

Maynard

Site Layout drawing 6820L/04G – John Roberts Architects

Location Plan 6820L/01B - John Roberts Architects

2.0 The description of the proposal is “erection of no.13 dwellings and

associated hard and soft landscaping”[1].

3.0 In addition to the documents listed in section 1.0 above, the PA have

also provided the HA with a number of objection letters. The contents

which are of relevance to the HA, include statements relating to;

1. The suitability of Albion Close to serve additional development,

2. Blind bend at the top of Albion Close,

3. Access for service vehicles,

4. Construction access,

5. Geometry of the proposed highway,

6. Potential further development,

7. Parking of visitors vehicles to the proposed properties,

8. Pedestrian access from Albion Close,

9. Surface Water flooding concerns,

10. Consideration to be given to traffic calming.

4.0 The HA has been involved in pre-application discussions with the

developer prior to the submission of the planning application. Specific

matters that had been discussed included surface water drainage and

highway design.

5.0 PROPOSED HIGHWAY DESIGN

In relation to the highway design the HA had provided advice to the

applicant, during the pre-application discussions, in relation to current

standards. The submitted highway design (illustrated on Site Layout

drawing 6820L/04G) has been checked (geometric design, parking

standards, pedestrian and service access etc) by the HA and conforms

with current standards.

6.0 SUITABILITY OF EXISTING HIGHWAYS

In addition to the design check of the proposed access road, a survey

has been undertaken by the HA to determine the suitability of the

existing highways (Albion Close and Albion Crescent) to provide access

to the development. The results of the survey have shown that the

existing highways are of sufficient design to accommodate the

additional movements that can be expected from the proposed

development.

7.0 PROPOSED SURFACE WATER DRAINAGE

The HA and the water authority have attended meetings with the

applicant to discuss surface water proposals. The principles of the

design have been accepted by the relevant authorities, and sufficient

detail has been submitted to request relevant planning conditions to

secure the approval of the final design prior to commencement of the

development.

8.0 Given all of the above the HA has formally advised the PA [2] that it does

not wish to object to the development, subject to the inclusion of a

number of planning conditions.

……………………………….

Mr Warren Peppard IEng FIHE

Principal Highways Officer

Lincolnshire County Council

28 September 2012