B/14/0149
BOSTON BOROUGH COUNCIL
Planning Committee –19 August 2014
Reference Number:
Application Type:
B/14/0149
Application Expiry Date
Full Planning Permission
19 June 2014
Proposal Description
At:
Erection of a building to provide three self contained flats
Plot adjacent to 8 Queen’s Road, Boston, Lincolnshire, PE21 9AA
For:
Mr P. Smith
RECOMMENDATION: GRANT
1.0
REASON FOR REPORT
1.1
The consideration of this application was deferred at your last meeting on 22 July 2014 in order
that a site visit could be conducted.
2.0
THE APPLICATION, BACKGROUND AND HISTORY
2.1
The site is a rectangular parcel of land adjacent to No.8 Queen’s Road which was previously
the driveway (with detached garage) and side garden of that property. The site is within the
Boston Development Boundary but outside the Boston Conservation Area, on the outskirts of
the Town Centre adjacent to the Maud Foster Watercourse. It has been cleared and the
majority of the development has already been constructed. The site lies within a mixed hazard
‘danger for most’ and ‘danger for all’ flood hazard category with medium probability of tidal or
fluvial flooding as identified in this Council’s Strategic Flood Risk Assessment.
2.2
This application seeks full planning permission for the erection of a building for three selfcontained flats. Planning permission was granted under B/10/0188 for the erection of 1 no.
detached house.
2.3
The relevant conditions relating to materials, surface and foul water drainage and landscaping
were approved under B/10/0188/CD1.
2.4
An application to extend the time limit to implement the development approved under B/10/0188
was subsequently approved (B/13/0260/EXTL).
2.5
Following an enforcement complaint, the Planning Officer and Enforcement Officer conducted a
site visit. As it was evident that the building was not being constructed in accordance with the
approved plans, namely 3 no. flats rather than one detached house, the developer was invited
to submit a fresh planning application.
Planning Committee Agenda – 19th August 2014
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B/14/0149
2.6
A planning application B/14/0015 for a change of use to a house in multiple occupation (6 no.
rooms and attached flat) at No.8 Queen’s Road was recently approved under delegated
powers.
3.0
POLICY
3.1
The development of previously developed land within the settlement development limits of the
principal sustainable settlement in the Borough can be acceptable in principle. The effect of s.38
(6) of the 2004 Act is that decisions must be made in accordance with the development plan
unless material considerations indicate otherwise. The development plan is the saved policies
of the Boston Borough Local Plan 1999.
3.2
Relevant policies which will be material in the consideration of this application are:
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3.3
Policy H2- Windfall Housing sites (a permissive policy which would allow windfall
housing subject to criteria relating to no loss of open space or frontage, site large
enough to accommodate the development; resultant houses reflect size, character and
density of the area, and that it is not tandem or backland)
Policy H3 – Quality of housing developments (The objective of this policy is to improve
the design and quality of new housing schemes)
Policy G1 – Amenity (the standard development control policy with the substantial harm
test).
Policy G3 – surface and foul water disposal (This policy seeks to resist developments
that do not provide satisfactory drainage provision).
Policy G6 – Vehicular and pedestrian access (This policy seeks to resist development
that would harm highway safety).
It is important to note that Local Plan Policy T4 (car parking standards) including Appendix A to
the Local Plan was not saved beyond September 2007 and is therefore no longer relevant.
National Planning Policy Framework (2012)
3.4
The National Planning Policy Framework (the ‘Framework’) indicates that housing applications
should be considered in the context of the presumption in favour of sustainable development.
The Framework seeks the speedy approval of proposals that accord with the development plan
and, where the plan is “absent, silent or relevant policies are out of date”, to grant permission
unless the adverse impact would significantly and demonstrably outweigh the benefits; or that
policies in the NPPF indicate development should be restricted.
3.5
The Framework also states that ‘relevant policies for the supply of housing should not be
considered to be up-to-date if a five year supply cannot be demonstrated’ (NPPF, para 49).
Thus, if there is no five year supply, relevant housing policies are considered out of date and
therefore developments would be subject to paragraph 14 of the NPPF which provides a
‘presumption in favour of such development’, subject to criteria.
3.6
The present situation remains that the Borough does not have a five year housing land supply
and therefore the ‘presumption in favour of such developments’ as contained within the
Framework ‘replaces’ any relevant housing supply policies in the Development Plan.
4.0
REPRESENTATIONS
Planning Committee Agenda – 19th August 2014
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B/14/0149
4.1
There are four letters of objection received from No’s 6, 7, 8 and 10 Queen’s Road. The
following issues were raised: 
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4.2
Over-develop an already small plot
The proposed development will harm the general character of the area and will have a
detrimental impact upon neighbouring amenity both in terms of the mass and scale of
the building and the sub-division into three flats which will lead to a reduction in daylight
and an erosion of privacy in addition to being overbearing. The Council is urged to
consider its responsibilities under Articles 1 and 8 of the Human Rights Act
The proposed scheme does not include areas of refuge in the event of a flood which
appears to be an inconsistent approach
There is no precedent for a block of purpose-built flats on the road itself or in the local
streets and the introduction of such a block will be incompatible with the character of
the area. This will lead to a degradation of Queen’s Road.
‘This is a cynical attempt to cram too many dwellings into a restricted space. It is an
unsuitable development for the character of Queens Road and the local area as a
whole, and an intrusion on the privacy of our home specifically. Should the build go
ahead regardless, even the inhabitants of the three flats themselves will have an
unsatisfactory lack of amenity, with lack of parking, wheelie bins stacked on the
driveway and bedrooms with an obscure glass window”
Existing pressure on parking will be exacerbated by the proposed dwellings
Loss of mature trees from the garden
The bricks are different to the existing houses, are not very attractive and contravenes
the aims of Local Plan Policy G1
The property is 1m from the boundary with 8 Queen’s Road and only 2m from the
actual property which constitutes cramming and contravenes the aims of Local Plan
Policy H2
Serious concerns about the impact the proposed works could have on the stability of
the adjacent property
Following the submission of amended plans, two further letters of representation were received
from No’s 7 and 8 Queen’s Road. The following additional relevant planning issues were
raised:
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There are 6 no. extractor vents and 3 no. (sic) boiler outlets contained on the southern
elevation which will result in noise disturbance, smells, fumes as well as representing a
fire risk to the adjacent property.
The proposed high level opaque glass windows contained in the north elevation will still
result in overlooking to the kitchen of the adjacent house and the property in general.
5.0
CONSULTATIONS
5.1
The Principal Environmental Health Officer foresees no objections in principle.
5.2
The Environment Agency raised no objections (subject to conditions).
5.3
The Local Highway Authority does not wish to raise any objections to the scheme: Planning Committee Agenda – 19th August 2014
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B/14/0149
‘Flats in this edge of town location would be suitable for occupation by persons not having use
of motor vehicles. A small increase in on-street parking, whilst possibly being undesirable for
existing residents, would not represent a severe highway safety problem on this road.’
6.0
PLANNING ISSUES & DISCUSSION
6.1
The main issues arising from this proposal are:
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Principle of Development
Impact on Residential Amenity
Visual Impact on the Character of the Area
Highway Safety
Flood Risk and Drainage
Principle of Development
6.2
Planning permission was granted under B/10/0188 and an extension of time limit granted for the
construction of a dwelling and a new vehicular access. However, the developer did not
construct the building in accordance with the approved plans and consequently submitted this
application for 3 no. flats. The majority of the development has been completed but is still under
construction.
6.3
As the principle of some development has been established through previous applications, it
remains to determine whether the differences between the approved plans and the current
application are acceptable in terms of residential amenity, character of the area and impact
upon highways.
6.4
The seven differences between the house approved under B/10/0188 and this application are
as follows: 1. This application is for 3 no. flats, comprising 2 x 2 bed and 1 x 1 bed flats with one flat on
each of the three storeys. The internal layout has been altered accordingly; however, the impact
on planning matters will be limited but is discussed in paragraphs 6.4 and 6.6 of this report.
2. A window opening has been inserted in the front elevation as opposed to timber garage
doors. There are no other differences to the front (west) and rear (east) elevations.
3. 2 no. high level opaque glass windows are proposed on the northern elevation serving
bedrooms on the ground and first floors. No windows were proposed on the northern elevation
of the house proposed under B/10/0188.
4. 3 no. narrow opaque glass windows are proposed on the southern elevation serving
bathrooms on all three floors. 2 no. windows were proposed on the southern elevation of the
house proposed under B/10/0188.
5. The southern gable of the building has been built 2.05 metres (measured on site) from the
northern gable of No. 8 Queen’s Road. The distance between the houses under plans approved
under Application B/10/0188 was 2.4 metres.
Planning Committee Agenda – 19th August 2014
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B/14/0149
6. The bricks stated in the plans approved under B/10/0188 were ‘dark red facing bricks’. The
condition relating to materials had already been discharged for the submitted brick type
‘Kassandra Multi’ which although lighter, assimilates with the streetscene whilst acknowledging
that this building was built in a much later period.
7. A soil vent pipe has been included on the southern elevation of the proposed flats.
Impact on Residential Amenity
6.5
It is considered that the erection of a building containing three flats as proposed by the
application and as opposed to the single three storey house would not lead to any significant
loss of amenity to occupants of neighbouring properties given the objectives of policies G1, H2
and H3. There is ample garden space within the site to provide sufficient external amenity areas
for the occupiers of the proposed flats and for external bin storage space.
6.6
The differences in design between the house approved under planning application B/10/0188
and the proposed flats will have a slightly greater impact upon the adjacent neighbouring
properties, however I would suggest, not enough to warrant a refusal of this application. The
northern gable contains two window openings each containing a high level opaque glass
window thus reducing the degree of overlooking to the kitchen window of the neighbouring
property, No.7 Queen’s Road. The southern gable contains three narrow opaque glass windows
serving bathrooms on all three floors. It is not considered that this will result in a significant
reduction in privacy to the adjacent house in multiple occupation (No. 8 Queen’s Road).
6.7
Distances between the buildings following the construction of the flats as opposed to the house
approved under planning application B/10/0188 remain the same between the northern gable
and No. 7 Queen’s Road, whilst the southern gable is constructed 350mm nearer No.8 Queen’s
Road than the approved house. This reduction in distances is not considered significant.
Visual impact on the Character of the Area
6.8
It is considered that the erection of the proposed building would not have a harmful visual
impact on the character of the site and surrounding area. The materials reflect the adjacent
Victorian residences and utilise natural roof slates, timber windows and doors, (multi) red facing
bricks and the use of stone lintels and cills. Although the brick type is lighter and a multi
containing various shades, the predominant colour is red which assimilates with the streetscene
whilst acknowledging that this building was built in a much later period. The selected brick type
also complements the stone cills and headers which are not painted white like the adjacent
Victorian properties. Moreover, the materials condition attached to approved application
B/10/0188 has been discharged (notwithstanding the house has not currently been constructed
in accordance with those plans).
6.9
The minor amendments to the external appearance of the building approved under B/10/0188
will not result in a detrimental impact to the character of the area and in terms of occupancy as
it is considered that there may not be a difference between a large single family occupying three
floors of one house and individuals occupying three separate floors.
Planning Committee Agenda – 19th August 2014
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B/14/0149
Highway Safety
6.10
In view of the site’s location in the middle of a one-sided cul-de-sac and a low volume and
speed of traffic using this part of Queen’s Road, it is not considered that the proposed
development will have an adverse impact upon highway safety. A parking area is provided at
the front of the property coupled with the site being situated in very close proximity of the town
centre with two public car parks within 100 metres. It is not incumbent upon the developer to
provide any off-street car parking. The County Highway Authority has raised no objection to the
proposal.
Flood Risk and Drainage
6.11
Flood risk considerations can preclude the use of the ground floor for habitable accommodation,
making it necessary to utilise the roof space to provide a refuge area in the event of a flood. In
this instance, all three floors are used to form flats. However, a safe refuge area has been
provided at first floor level to provide a safe haven which will contain torches, foil blankets, and
seating etc.
6.12
The Environment Agency does not wish to object to the proposed scheme subject to the
finished floor level of the proposed dwelling not being lower then 3.74m Above Ordnance
Datum (AOD) and the mitigation measures in the FRA being implemented. This is covered by
the recommended condition.
6.13
Surface water will be discharged to soakaways designed in accordance with BRE Digest 365
located to the front and rear of the property. Foul water will be connected to Anglian Water
public foul sewers located behind the row of properties on Queens Road.
7.0
SUMMARY & CONCLUSIONS
7.1
The principle of residential development has been established through previous applications.
That which remains is to determine whether the differences between the approved plans and
the current application are acceptable in terms of residential amenity, character of the area and
impact upon highway safety.
7.2
The differences between the house approved under application B/10/0188 and the flats subject
of this application are detailed in paragraph 6.4 of this report with the impact of those
differences discussed in the remainder of that section (6).
7.3
It is therefore considered that this application to construct 3 no. flats is acceptable in terms of its
impact upon residential amenity, character of the area and the adjacent highway.
8.0
RECOMMENDATION
8.1
That planning application B/14/0149 is approved subject to the following conditions and
reasons:
Planning Committee Agenda – 19th August 2014
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B/14/0149
1. The development hereby permitted shall be carried out in accordance with the following
approved plans received 19 June 2014 and referenced: 
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1A/4 Site Location plan (scale 1:1250)
2A/4 Block Plan (scale 1:500)
3A/4 Proposed Floor Plans and Sections drwg no. 8527/3
4A/4 Proposed Elevations drwg no. 8527/4
Reason: To ensure the development is undertaken in accordance with the approved details
and to accord with the objectives of Local Plan Policy G1.
2. The development hereby permitted shall be carried out in accordance with the approved Flood
Risk Assessment (RM Associates Version 3 dated April 2014) and in particular, the following
mitigation measures detailed within:
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Finished floor levels shall be set no lower than 3.74AOD
Demountable defences to a height of 600mm shall be capable of being fitted on
all external doors, with non-return valves on waste pipes
Flood resilient construction shall be incorporated to a minimum height of
800mm above finished floor levels, and
All service circuits shall be routed at first floor level with sockets being a
minimum of 0.5m above finished ground floor levels
Reason: To reduce the risk of flooding to the proposed development in accordance with
guidance contained within the Framework and The Planning Practice Guidance.
3. Notwithstanding the submitted details and prior to the first occupation of the flats, the windows
contained in the northern and southern elevations of the flats hereby approved shall be
obscure-glazed and non opening unless parts of the windows that can be opened are more than
1.7m above the floor of the room in which the windows are installed.
Reason: In order to avoid overlooking, to maintain the privacy of the neighbouring residents and
to accord with the objectives of Local Plan policies G1 and H3.
4. The first property shall not be occupied until full details of bin storage and utility meter boxes
have been submitted to and approved in writing by the Local Planning Authority.
Reason: Reason: In the interests of visual amenity and to accord with the objectives of Local
Plan Policy G1.
In determining this application the authority has taken account of the guidance in paras 186 – 187 of the
NPPF (2012) in order to seek to secure sustainable development that improves the economic, social
and environmental conditions of the Borough.
Paul Edwards
Development Control Manager
Planning Committee Agenda – 19th August 2014
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