Planning Committee – 30 March 2001

PRESENT: Councillor Ellis in the chair.

Councillors Fordham (vice-chair), Gosling, Holgate, Long, Rocks, Wardle and Wood and Whiteley.

Councillors Appleyard, England, T Muir, Mrs Redfern, Mrs Sidell and Stewart attended the meeting under the provisions of Standing Order 40(b).

The committee met at Pittwood House, Scunthorpe.

1 DECLARATIONS OF PECUNIARY OR NON-PECUNIARY INTERESTS AND DECLARATIONS OF SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES – PARTIES – Councillor Gosling declared a non-pecuniary interest in application 01/0112 (minute 10 (i) refers).

2 REQUESTS TO SPEAK – STANDING ORDER 38(b) – It was reported that five requests to speak had been received in accordance with Standing Order 38(b). The chair stated that the speakers would be able to address the committee prior to consideration of the respective applications.

3 MINUTES – Resolved – That the minutes of the proceedings of the former Planning Sub-Committee of 27 April 2001, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

4 APPLICATIONS DEFERRED FROM PREVIOUS MEETINGS (minute 483 refers) – In accordance with the decisions at the previous meeting, members had undertaken site visits earlier in the day. The Director of Environment and Public Protection submitted reports and updated them orally where appropriate.

(1) 00/1451 by Mr and Mrs V Harrison for retention of a mobile home at Frog Hall, Bagsby Road, Owston Ferrry.

Prior to consideration of this application, a representative of the applicants addressed the sub-committee. He agreed that the report was a fair assessment of the situation and that in policy terms the proposal was unacceptable. However he asked for the committee to exercise its discretion and to consider granting permission on a temporary or personal basis and outlined the personal circumstances of the applicants and the background to the application.

Councillor Stewart, attending the meeting under the provisions of Standing Order 40 (b), also spoke in support of the application.

The Director of Environment and Public Protection reported that the arguments in favour of the application were on personal and compassionate grounds. In policy terms the proposal was clearly unacceptable. Should the application be refused, the council would then have to consider whether and, if so, when and how to enforce. The applicants would not be thrown out of their home as soon as the application was refused. He recommended that the application should be determined in accordance with policy.

Resolved – That the application be refused in accordance with the recommendation.

( There being an equality of votes on this matter, the chair used his second and casting vote in favour of the motion).

5 (2) 00/1481 by Maltgrade Homes Ltd for erection of 15 detached houses, 4 detached bungalows and garages on land at Highfields, Tee Lane, Burton-upon-Stather

Councillor T Muir, attending the meeting under the provisions of Standing Order 40(b) addressed the committee and expressed reservations over the density of the proposed development. The Director of Environment and Public Protection pointed out that density of the the remaining undeveloped part of the site site was actually lower than in previous applications that had been approved for the same part of the site.

Resolved – That permission be granted in accordance with the recommendation.

6 (3) 01/0275 by Mr and Mrs I Cameron for change of use from a residential home to a children’s day nursery, including the creation of additional car parking spaces at Westwold, 18 Brigg Road, Hibaldstow.

Resolved – That permission be granted in accordance with the recommendation, subject to condition 2 being amended to read ” The premises shall be used for a children’s day nursery and an out of school club…..” and consequential amendments to other conditions.

7 (4) PLANNING APPLICATIONS – The Director of Environment and Public Protection submitted a report incorporating a schedule containing details of applications for determination by the sub-committee, including summaries of policy context, representations arising from consultation and publicity and assessment of the applications. Officers updated the schedule orally in respect of late representations and other significant developments since its preparation.

Resolved – That the following applications be approved in accordance with the recommendations contained in the reports.

(i) 00/0776 by North Lincolnshire Council for siting of temporary market stalls one day a week at Public Car Park, Cottage Lane, Barton-upon -Humber.

(ii) 01/0138 by Cooper and Watmough for erection of 3 detached 3-bedroomed bungalows with garages on Plots 1,2 & 3 Priory Lane Adult Education Centre, Priory Lane, Scunthorpe.

(iii) 01/0171 by Cooper and Watmough for erection of 3 detached 3-bedroomed bungalows with garages on Plots 4,5 & 6 Priory Lane Adult Education Centre, Priory Lane, Scunthorpe.

(iv) 01/0153 by Mr N Kent for change of use of land to a quadbike track on land at Newstead Priory, Cadney Road, Cadney.

(in accordance with the amended plan received showing a single, short track in the southern part of the site)

(v) 01/0155 by Mason Baggott & Garton Solicitors for creation of a vehicular access at 92 Park Street, Winterton.

(vi) 01/0382 by Mason Baggott & Garton Solicitors for Listed Building Consent to form an opening in a boundary wall to create a new vehicular access at 92 Park Street, Winterton.

(vii) 01/0189 by Mr M Naylor and Miss N Antcliff for erection of a detached 3-bedroomed house and garage including access at 76 West Street, West Butterwick.

(prior to consideration of this application an objector and one of the applicants addressed the committee. The objector stated that she had no objection in principle to the development but would prefer the house to be moved further back on the plot as in its proposed position it would block light to the objector’s property. The applicant responded that there were only two windows on the objector’s property facing the proposed bungalow which would not therefore have a significant effect on that property).

(viii) 01/0288 by North Lincolnshire Council for permission to construct a children’s playground on public open space, south of Parkwood School, Plymouth Road, Scunthorpe.

(ix) 01/0293 by Sabel Pearl Ltd for change of use of a hotel and erection of extensions at The Gables Rest Home,195 Ashby Road, Scunthorpe.

(subject to an additional condition preventing felling of existing trees on the site apart from those to be removed to make way for development).

(x) 01/0319 by Keigar Homes Ltd for erection of 4 detached 3-bedroomed houses and garages on land west of 11 & 18 Crakedale Road, Winterton.

(xi) 01/0332 by Mr and Mrs P Vardy for erection of domestic extensions at Windfall, 7 Palmer Lane, Barrow-upon-Humber.

(xii) 01/0368 by Mr and Mrs M Oglesby for erection of a two-storey domestic extension at 26 Maple Close, Brigg.

(xiii) 01/0384 by Mr J Pople and Miss M Teasdale for erection of a detached 4-bedroomed house and garage at Holly Bank, Chapel Close, Barrow-upon-Humber.

(xiv) 01/0401 by Branston Potatoes Ltd for formation of a vehicular access for agricultural/paddock/equestrian use on part of field no. 173, Cleatham Road, Kirton-in-Lindsey.

(xv) 01/0403 by Mr J Cook for erection of a detached 4-bedroomed house and double garage on Plot 3, Bracon, Belton.

(xv) 01/0470 by Mr N Sherwood for erection of a mast and antenna at the Orchards, Barton Road, Wrawby.

8 Resolved – That the following applications be refused in accordance with the recommendations contained in the reports.

(i) 01/1245 by Lidl UK GMBH for consent to display internally illuminated flag pole and logo box signs at Lidl, High Street, Holydyke and Fleetgate, Barton-upon-Humber.

(ii) 01/0182 by Mr M Hall for outline permission to erect a detached dwelling (means of access not reserved for subsequent approval) at former Jacques Cottage, Jacques Bank, Medge Hall, Crowle.

(iii) 01/0390 by Mr C Whithers for change of use to a horse paddock, erect a storage barn and creation of a vehicular access(resubmission of 00/0121) on land at Upperthorpe Hill, Westwoodside.

(Prior to consideration of this application an objector addressed the committee in accordance with Standing Order 38(b))

9 01/0245 by Keigar Homes Ltd for erection 2 detached 3-bedroomed houses with garages and 1 detached 2-bedroomed bungalow and garage on Plots 1A,2A and 3A, Millfields Way, Barrow-upon-Humber

Prior to consideration of this application, an objector and a representative of the applicants addressed the committee in accordance with Standing Order 38 (b).

The objector was concerned at the possible loss of light and open space and the creation of additional traffic and also contended that the plot was suitable for no more than two dwellings.

The applicant stated that the Highways Team had no objections to the application. The properties would be accessed via an A3 road. They were in keeping with the surrounding area.

The Director of Environment and Public Protection advised that the layout was no different to the rest of the development. The main issue was the provision of public open space. There was an opportunity to, by means of a legal agreement, secure an area of open space to the south west of the site.

Resolved – That the sub-committee is mindful to grant permission for the development subject to the applicant entering into an agreement under Section 106 of the Town and Country Planning Act 1990 providing for the laying out, landscaping and transfer of land as amenity open space and for funding to help the provision of an appropriate level of children’s play space or recreation equipment elsewhere within Barrow; (b) that the Assistant Director (Planning and Environment) be authorised to grant permission on completion of the Agreement and subject to the conditions contained in the report, and (c) that in the event of the Agreement not being completed by 31 August 2001, the Assistant Director (Planning and Environment) be authorised to refuse the application on the grounds of the allocation of this site for amenity open space purposes in the North Lincolnshire Local Plan Deposit Draft.

10 Resolved – That consideration of the following applications be deferred until the next meeting and that members visit the sites prior to that meeting.

(i) 01/0112 by J Wharton (Shipping) Ltd for change of use of agricultural land to open storage together with internal access roads and landscaping on land adjacent to Grove Wharf, Neap Road, Gunness.

(ii) 01/0240 by Smith Brothers for erection of two dwellings(renewal of 98/0014 granted on 14/07/98 0n appeal) on land rear of Hillside Cottage, Sheep Dyke Lane, Bonby.

(iii) 01/0187 by Mr D Fawcett-Brown and Mrs D Hogan for change of use of part of a domestic property to a children’s day nursery at Fernlea, The Square, Goxhill.

(iv) 01/0370 by Coggan Brothers for erection of 2 dwellings on land north of 51 North Street, West Butterwick.

11 (5) APPEALS – The Director of Environment and Public Protection submitted a report informing members of the outcome of the following appeals:-

(i) Against the refusal of permission for change of use of outbuildings to office premises and associated storage facilities – part of garage, 2 Highfield Crescent, Westwoodside (00/0360) – Appeal Dismissed.

(ii) Against the refusal of outline permission for erection of five dwellings – former piggery site, Island Road, Garthorpe – Appeal Dismissed (00/0625)

(iii) Against the refusal of permission for the variation of condition 3 on applicatioon 99/1386 to allow change of use without amending the existing west elevation – Station Road, Owston Ferry((00/10743)- Appeal Allowed

(iv) Against the refusal of permission for the retention of the use of premises for the storage of wine and beer (and for general storage) without complying with condition 4 of permission 140/89 – units 2 and 3, rear of 24 Ashby High Street, Scunthorpe (00/0955 & 00/0958) – Appeals Allowed.

(v) Against the refusal of permission for retention of part of a domestic garage as an office – 46 Neville Road (00/1085) – Appeal Dismissed

(vi) Against the refusal of permission for the change of use of a shop into a hot food takeaway (00/1144) – Appeal Dismissed.

12 (6) SURVEY OF PARISH AND TOWN COUNCILS – The Director of Environment and Public Protection submitted a report informing the committee of the results of a survey undertaken in spring 2001.

As part of the pilot Best Value Review of Development Control in 1999 parish and town councils had been surveyed for their views on how the consultation process on planning applications was operating. Subsequently, one of the performance indicators in the team’s service plan related to the overall level of satisfaction with the service. A second survey had been undertaken in the early months of this year to enable comparisons to be made.

A questionnaire had been issued to every parish or town council or meeting and a response level in excess of 80% had been achieved. Most of the questions were the same but additional ones had been added in relation to training events which had been organised since the previous survey. A schedule of the results and a list of the individual comments made, together with appropriate responses, were appended to the report.

Resolved – (a) That copies of the results of the survey be circulated to all parish and town councils, along with a note of thanks to those who responded, and (b) that the responses in Appendix B be agreed.

13 (7) TREE PRESERVATION ORDER – THE VICARAGE, BRIGG ROAD, HIBALDSTOW – The Director of Environment and Public Protection submitted a report inviting them to consider confirmation of a Tree Preservation (The Vicarage, 1 Brigg Road, Hibaldstow) Order 2001 (TPO).

A representation had been received from the owners objecting to the TPO in principle; they did not want the burden of the legislation on their property and stated that they had no intention of felling more trees.

Following the initial assessment the Council’s Environment Officer (Trees and Landscape) had considered the objective of the TPO which was to protect the visual amenity of these trees for the wider public. He confirmed the health of all the trees and that they met the relevant criteria required for a TPO.

Resolved – That the Order be confirmed.