Planning Committee 1 August 2018

Chairman: Councillor N Sherwood
Venue: The Council Chamber, Civic Centre, Scunthorpe
Time: 2 pm
Email address: planningcommittee@northlincs.gov.uk

 

AGENDA

  1.  Substitutions.
  2. Declarations of Disclosable Pecuniary Interests and Personal or Personal and Prejudicial Interests, significant contact with applicants, objectors or third parties (Lobbying) and Whipping Arrangements (if any).
  3. To take the minutes of the meeting held on 4 July 2018 as a correct record and authorise the chairman to sign.
  4. Applications deferred from previous meetings for a site visit.
  5. Major Planning Applications.
  6. Planning and other applications for determination by the committee.
  7. Refreshed scheme of delegation for determining planning and associated applications – Report of the Director of Operations.
  8. Any other items, which the chairman decides are urgent, by reasons of special circumstances, which must be specified.

Note: All reports are by the Group Manager –Development Management and building Control unless otherwise stated.

MINUTES

PRESENT:- Councillor N Sherwood (Chairman)

Councillors:- Bainbridge, Collinson, Glover, Grant, Longcake, Oldfield, Poole, C Sherwood and Wells

Councillor(s) Briggs, L Foster and Mumby-Croft attended the meeting in accordance with Procedure Rule 37(b).

The committee met at the Civic Centre, Scunthorpe.

1896   DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS, SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) AND WHIPPING ARRANGEMENTS (IF ANY)

The following member declared a personal and prejudicial interest:- 

Member(s) Minute Application(s) Nature of Interest
Cllr Wells 1900(i) PA/2017/2017 Member of Kirmington and Croxton Parish Council.
  1900(ii) PA/2017/2022 Member of Barnetby Le Wold Parish Council.

 

The following members declared a personal interest:-

Member(s) Minute Application(s) Nature of Interest
Cllr Bainbridge 1899(iv) PA/2018/794 Member of Unite Union
Cllr Briggs

 

General

 

Member of the Fire Authority and Isle of Axholme Water Management Board.
Cllr Collinson 1899(iv) PA/2018/794 Member of Unite Union
Cllr Grant 1899(iv) PA/2018/794 Member of Unite Union
Cllr Oldfiled 1899(iv) PA/2018/794 Member of Unite Union
Cllr Poole 1900(vii)

1900(vi)

PA/2018/605

PA/2018/604

Knows the Agent

Knows the Agent

Cllr Wells 1900(iii) PA/2018/130 Ward Member.

The following members declared that they had been lobbied:-

Member(s) Application(s) Minute
Cllr Bainbridge PA/2018/794 1899(iv)
Cllr Collinson PA/2018/794 and

PA/2017/1006

1899(iv)

1898(i)

Cllr Glover PA/2018/794 1899(iv)
Cllr Grant PA/2018/794 1899(iv)
Cllr Poole

 

PA/2018/792

PA/2018/794

PA/2018/606

PA/2018/569 and

PA/2018/1025

1898(iv)

1899(iv)

1899(iii)

1900(v)

1900(xii)

Cllr C Sherwood

 

PA/2018/794 and

PA/2018/859

1899(iv)

1899(v)

Cllr N Sherwood

 

PA/2018/794 and

PA/2018/569

1899(iv)

1900(v)

Cllr Wells PA/2018/794 1899(iv)

1897   MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 4 July 2018, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the Chairman.

1898   APPLICATIONS DEFERRED FROM PREVIOUS MEETING – In accordance with the decisions at the previous meeting, members had undertaken site visits on the morning of the meeting.  The Group Manager- Development Management submitted reports and updated them orally.

(i)           PA/2017/1006 by Mr T Milner for outline planning permission for residential development for six building plots with access and layout not a reserved matter at White House Farm, Main Street, Ealand, DN17 4JG.

An objector addressed the committee with his main concerns being the flood risk. He indicated that the existing drainage system could not cope with run-off and sewage with reverse flow occurring. He did not feel it was a small scale infill development and would lead to overlooking and loss of privacy for the surrounding properties.

The agent responded to the objector’s concerns, and referred to the officer’s report that was recommended to grant permission for the application.  In response he stated that meetings had taken place with a Severn Trent representative for the area and it was confirmed that all the new properties would go to its own drainage system, and not through the village sewerage system, therefore, they envisaged no pressure to the current systems in Ealand.

Cllr Briggs as the ward member still had concerns with the application, and the drainage system for Elanad.  He believed there were still issues outstanding that needed addressing before further developments could take place in Ealand, and he asked the committee to refuse the application.

Cllr Poole having visited the site was concerned that the soakaway was at a low point in the village and was concerned with all the issues around flooding in the area.  He agreed with the ward member that the application should be refused on these grounds.

It was moved by Cllr Poole and seconded by Cllr Longcake –

That planning permission be refused for the following reason –

Insufficient information has been provided to demonstrate that the proposed development of six dwellings would not have an unacceptable impact on the existing drainage system and would not result in an increased risk of flooding to neighbouring properties. The proposal is therefore contrary to policy DS14 of the North Lincolnshire Local Plan, policy CS19 of the North Lincolnshire Core Strategy and paragraph 163 of the National Planning Policy Framework.

Motion Carried. 

(ii)         PA/2018/598 by Mr James Smith for planning permission to erect a pair of semi-detached dwellings at land adjacent to East View, Station Road, Graizelound, Haxey, DN9 2NJ.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report.

(iii)        PA/2018/622 by Mr Singh for planning permission for a change of use of three flats to form three HMOs at 106-108 Oswald Road, Scunthorpe, DN15 7PA.

An objector speaking on behalf of the care home next to the proposed site raised concerns about the current unpleasant antisocial behaviour that occurs from the nearby 20 bedsits, and he stated that this proposal would only make the situation even worse.  It was an end of life care facility and it was unfair the daily problems that were occurring from occupants using the hard paved area to the south of the building.

Cllr Poole arising from the site visit felt it was hard to believe that the application was to change the facility from a six person dwelling to accommodate 20 people.  He said people should not have to live in those conditions and it was not in keeping with the area, or the facilities around it.  He said it would lead to loss of amenity and would have an adverse effect on the area.

It was moved by Cllr Poole and seconded by Cllr Bainbridge –

That planning permission be refused for the following reason –

The proposed development would constitute an over-intensive form of development which would have an unacceptable impact on the character and appearance of the area and the amenity of neighbouring properties. The proposal is therefore contrary to policies DS1 and H14 of the North Lincolnshire Local Plan and policy CS5 of the North Lincolnshire Core Strategy.

Motion Carried.

(iv)         PA/2018/792 by Mrs Melanie Thompson for outline planning permission for residential development with all matters reserved at Carr Lane, Redbourne, DN21 4QZ.

A concerned resident spoke on behalf of a number of residents from Redbourne. In doing so she said the application was contrary to planning policies, outside the development boundary, and it was not a sustainable development due to the lack of facilities in the area. She indicated that there was only one pub, and all the other facilities were in Hibaldstow.  She also said the traffic would increase on a narrow lane, and it was the only conservation area in the village and should remain so.

Cllr C Sherwood having been to the area felt it was a good development, surrounded by houses and therefore a good infill site.

Cllr Poole stated that it did not meet any of the planning policies and was not a suitable development for the area, it had no amenities and would only produce more vehicle movements.

Cllr Collinson felt that it was not the most visibly appealing site and was contrary to planning policies and therefore should be refused.

It was moved by Cllr C Sherwood and seconded by Cllr Longcake –

That planning permission be granted in accordance with the recommendations contained within the report.

It was then moved by Cllr Collinson and seconded by Cllr Grant as an amendment –

That planning permission be refused as it was contrary to national planning policies.

Amendment Lost.                                                                                                             Motion Carried.

1899   MAJOR APPLICATIONS – The Group Manager – Development Management and Building Control submitted a report containing details of major applications for determination by the committee, including summaries of policy context, representations arising from consultation and publicity and assessment of the applications.

(i)          PA/2017/1513 by Roger Burnett Promotions, Retirement and Death Benefit Scheme for outline planning permission to erect 27 dwellings with access and layout to be determined and all other matters reserved for subsequent approval at land off the A18, Althorpe.

The Group Manager – Development Management and Building Control updated the committee informing it that there was an ament to the obligations to be secured by the Section 106 agreements following discussions between the applicant and the council’s Housing Team. The report stated that three affordable houses would be secured on site along with off-site contributions in respect of public open space and education. The policy requirement was for 10% affordable housing to be provided on sites within the rural settlements such as Althorpe and this equated to 2.7 dwellings. On this basis it had been agreed that two affordable dwellings would be secured on site and that an off-site affordable housing contribution of £39,487.28 would be secured to account for the 0.7 of a dwelling required by the policy. This fee would be paid towards the delivery of affordable housing in the area. The other contributions (public open space and education) listed in the report remained unchanged.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report with the amendment to the contribution as follows –

Subject to the completion of a formal agreement under Section 106 of the Town and Country Planning Act (1990) to secure £103,176 to fund the provision of education infrastructure, £30,802.49 to be paid towards the provision of public open space and the provision of two affordable dwellings on site and an off-site contribution of £39,487.28 to be paid towards the provision of affordable housing. 

(ii)          PA/2018/264 by Mr B Smith for planning permission to change the use of land for the grazing of horses and to erect a stable block at OS Field 8023, Carr Lane, East Lound, DN9 2LT.

Resolved – That planning permission be grated in accordance with the recommendations contained within the report.

(iii)        PA/2018/606 by Ms H Jones, Merlin Renewables Ltd for planning application to vary condition 23 of WD/2012/1336 to increase the processing tonnage from 35,000 tonnes to no more than 48,000 tonnes per annum of non-waste plant material at Biomass Facility, Hibaldstow Airfield, Redbourne Road, Hibaldstow, DN20 9NN.

Resolved – That planning permission be grated in accordance with the recommendations contained within the report.

(iv)        PA/2018/794 by Mr Mark Abbott, Egdon Resources UK Ltd for planning permission for the variation of condition 11 on appeal number APP/Y2003/W17/3182879, decision date 4 January 2018 to state the following: ‘The buildings, structures and works hereby permitted shall be removed, the use hereby permitted shall be discontinued and the land restored to its condition before the implementation of planning permission MIN/2013/0281 no later than 12 months from the date of this decision’ at Lodge Farm, Clapp Gate, Appleby, DN15 0DB.

A number of objectors addressed the committee with their reasons for concern against the application.  Objections raised on material planning grounds were as follows:- Why was an application for an extension being submitted when the time limit had already been exceeded The planning Inspectorate had already ruled that the site should be fully restored by 28 April 2018, that following dismissal of Egdon’s appeals there was no justification for allowing a further extension of time, they felt that the proposal went against the appeal judgement.  Other areas of concerned included the chalk streams and their wildlife that needed to be protected, and that the proposal would be a blot on the landscape of an area of outstanding natural beauty.

A representative from the Unite Union at the steelworks in Scunthorpe stated that he was concerned for the future of the steelworks with the application being so close to the site. He indicated that the Inspectors decision and instructions should be adhered to, and the application for the extension of time should be refused for all concerned.

The agent for the application provided the committee with background details as to how the application was delayed and the reason for requesting the extension of time.  The agent stated that a new application had been submitted for the development on the site to enable long-term production, however due to the requirement to produce more documents and information they would not meet the deadline of April 2018.  Therefore, this application was submitted to vary condition 11 of the appeal decision to extend the temporary time period for restoration of the site by an additional 12 months to allow for the new application to be submitted and determined. He informed the committee that the variation of the condition would not entail any changes to the restoration scheme, it was merely to seek approval to delay the implementation of the restoration scheme. It would not result in any additional exploration or testing on the site as that work had already been carried out.

Cllr Mumby-Croft spoke as the local ward member against the application.  She indicated her support for the local residents and was disappointed with the applicants for delaying their application when the Inspectorate had informed them that the site would have to be restored by 28 April 2018. She indicated that they only submitted an application on the 13 April 2018, having known about the decision since January 2018.

Cllr L Foster having sat in previous planning meetings when the application site had been discussed stated that nothing had changed his view with regard to this site. It was in the wrong place, the company have not been helpful in anything they have offered and the history on the site was questionable.  He urged the committee to once again refuse the application.

Cllr Glover referred to the officer’s report, in particular details from the Inspector on pages 92-94 and indicated that the proposal did not concur with policies, and that the application should be refused.

Cllr Collinson referred to the conclusion in the officer’s report that stated ‘the proposal did not fully accord with Paragraph 144 of the NPFF of Policy M21 of the Local Plan’ and in doing so said it would be a risk to the local amenity/infrastructure.

Cllr Bainbridge agreed it was against planning policy, and that of the Inspectorate who recommended it be restored by April 2018.

The Group Manager – Development Management and Building Control updated the committee informing it that since the report had been written a new version of the above NPPF had been adopted and, whilst the content had not significantly changed with regards to this proposal and the policy conflict identified by the inspector, the paragraph numbering had altered.

It was moved by Cllr Glover and seconded by Cllr Wells –

That planning permission be refused for the following reason –

The proposal conflicts with paragraph 205 of the National Planning Policy Framework and policy M21 of the North Lincolnshire Local Plan, which require that restoration and aftercare is provided at the earliest opportunity. Furthermore, it is considered that material considerations would not outweigh this policy conflict. 

Motion Carried.

(v)         PA/2018/859 by Mr Simon Wright, Air Liquide B&T UK for planning permission to vary condition 1 of WD/2016/1916 to alter route of proposed pipeline along Bonby Lane at Bio Waste Solutions, Bonby Lane, Bonby, DN20 0PJ.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report.

(Having declared a personal and prejudicial interest Cllr Wells left the meeting for consideration of the following item, minute 1900 (i) refers).

1900   PLANNING AND OTHER APPLICATIONS – The Group Manager – Development Management submitted a report incorporating a schedule containing details of applications for determination by the committee including summaries of policy context, representations arising from consultation and publicity and assessment of the applications. He updated the reports orally where appropriate.  Other officers attending gave advice and answered members’ questions as requested.

(i)          PA/2017/2017 by Mr George Wise, Brocklesby Estate for outline planning permission for a residential development of seven dwellings with all matters reserved for subsequent approval at land rear of Kirmington Primary School, Main Street, Kirmington.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report.

(At this stage of proceedings Cllr Wells returned to the meeting).

(ii)         PA/2017/2022 by Mr Housman for planning permission to change the use of a grain store to mixed use comprising light industry (B1), general industry (B2), and storage and distribution (B8) at Warehouse, Marsh Lane, Barnetby le Wold.

Resolved – That at the request of the applicant, the application be withdrawn.

(iii)        PA/2018/130 by Premier Property Acquisitions Ltd for planning permission to erect a block of eight flats, communal cycle and refuse building, and associated communal parking areas at Summergate House, Moat Lane, South Killingholme, DN40 3EU.

Cllr Wells felt that a site visit would be beneficial before making a decision on the application as it was situated on a very narrow road, busy junction and would like to view it beforehand.

Resolved –That consideration of this application be deferred to a future meeting and that members visit the site prior to the meeting.

(iv)        PA/2018/558 by Gordon Harrison Ltd for planning permission to change the use of part of the site to a garden centre and erect three poly-tunnels, office and potting shed at The Old Tile Yard, access road to works off Far Ings Road, Barton upon Humber, DN18 5RF.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report.

(v)         PA/2018/569 by Mr M Smalley for outline planning permission to erect five detached dwellings (including demolition of existing nursery building) with all matters reserved for subsequent approval at Sturton Nurseries, Main Street, Sturton, Scawby, DN20 9DL.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report.

(vi)        PA/2018/604 by Sue Rainton, Harriton Beracha Ltd for planning permission for the change of use of an existing public house into three dwelling houses with associated parking at Nelthorpe Arms, 1 Bridge Street, Brigg.

The agent spoke on behalf of the applicant indicating that the public house was currently closed, there had been no objections from statutory consultees of the Town Council as there was no longer a need for the public house, therefore, it would be more preferable to return it to its original condition with long-term sustainability of the listed building.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report.

(vii)       PA/2018/605 by Sue Rainton, Harriton Beracha Ltd for listed building consent to change the use of a public house into three dwelling houses at Nelthorpe Arms, 1 Bridge Street, Brigg.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report.

(viii)      A/2018/660 by Mr John Riley, J & S Metals Ltd for outline planning permission with all matters reserved for the erection of five detached dwellings at Belton Garden Centre, Sandtoft Road, Westgate, Epworth, DN9 1PN.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report.

(ix)        PA/2018/711 by Mr Coggon, Coggon Brothers Ltd for planning permission to erect an agricultural storage building at Field No 7478 off North Street, West Butterwick.

The applicant informed the committee that he felt there was inaccuracies within the officer’s report, and that he had extensive knowledge and information on the area and the landscape, and that the area being unique was no longer relevant in West Butterwick.

Cllr C Sherwood having listened to the applicant, could not see any problems with the application. He felt it was a good application and should be granted permission, with the possibility of the building should being green.

It was moved by Cllr C Sherwood and seconded by Cllr Wells-

That planning permission be granted subject to the following conditions –

  1. The development must be begun before the expiration of three years from the date of this permission.

Reason

To comply with section 91 of the Town and Country Planning Act 1990.

  1. The development hereby permitted shall be carried out in accordance with the following approved plans: DN17 3JW-A-01B, DN17 3JW-A-02 and DN17 3JW-A-03B.

Reason

For the avoidance of doubt and in the interests of proper planning.

  1. No development shall take place until details have been submitted to and approved in writing by the local planning authority of the make, type and colour of all external facing materials for the development and only the approved materials shall be used.

Reason

To ensure that the building is in keeping with its surroundings in the interests of visual amenity, in accordance with policy DS1 of the North Lincolnshire Local Plan.

Motion Carried.

(x)         PA/2018/947 by Mr Garry Brewing for planning permission to erect extensions and undertake alterations to create a dormer bungalow together with the erection of a detached garage and workshop with accommodation above and a detached shed at Tree Tops, 26 Church Lane, Bonby, DN20 0PS.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report.

(xi)        PA/2018/997 by Mr Philip and Mrs Sarah Moynan for planning permission to erect a single-storey side extension and a detached garage at Hope Farm, Winteringham Lane, West Halton, DN15 9AX.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report.

(xii)       PA/2018/1025 by Mr Matthew Wilkinson, Lincolnshire Co-operative for application for variation of condition 10 of planning permission PA/2017/1322 to Monday to Friday 7.30 am to 7 pm and Saturday 7.30 am to 1 pm at land adjacent to 47 West Street, Scawby.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report.

1901   REFRESHED SCHEME OF DELEGATION FOR DETERMINING PLANNING AND ASSOCIATED APPLICATIONS – The Director of Operations submitted a report seeking approval to refresh the scheme of delegation and determination of planning associated application to make it more fit for purpose in efficiency dealing with development proposals.

Resolved – That the report be withdrawn at the request of the Director so that more detail could be added to the report.

Reports