Planning Sub-Committee – 11 August 2000
PRESENT: Councillor Ellis in the chair.
Councillors Fordham (vice-chair), Grant, Holgate, P Kirk, Long, Regan, Rocks, Wardle and Wood
Councillors Appleyard and Billam attended the meeting under the provisions of Standing Order 40(b).
The sub-committee met at South Killingholme Community Centre.
107 DECLARATIONS OF PECUNIARY AND NON-PECUNIARY INTERESTS – Councillor Holgate declared a non-pecuniary interest in Minute 117(x) (application 00/0531).
108 REQUESTS TO SPEAK – STANDING ORDER 38(b) – It was reported that nine
requests to speak had been received in accordance with Standing Order 38(b). The chair briefly outlined the procedure, indicating that they would be given the opportunity to speak prior to consideration of the respective applications.
109 MINUTES – Resolved – That the minutes of the proceedings of this sub-committee of 14 July 2000, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair, subject to the removal of the name of Councillor Grant from the list of members present.
110 APPLICATIONS DEFERRED FROM PREVIOUS MEETING FOR SITE VISITS – (minute 93 refers) – In accordance with the decisions at the last 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.
(69) 00/0598 by the Administrators re Hill for outline permission for residential development on land adjacent to 42 Doncaster Road, Westwoodside.
Resolved – That permission be refused in accordance with the recommendation contained in the report.
111 (70) 00/0585 by Mr G Wilson for erection of a detached three bedroomed house with garage (re-submission of 00/0173)
The Director of Environment and Public Protection informed members that this application had been withdrawn
Resolved – That it be noted that the report has been withdrawn.
112 (71) 99/0526 by J B Edlington for residential development on land south of Engine Street, Brigg.
Prior to consideration of this application and of application 99/0802 (minute 113 refers) a representative of the applicants and an objector addressed the sub-committee on the subject of both applications.
The applicant’s representative contended that the proposal would be in keeping with its locality. In response to objections in relation to drainage he referred members to detailed comments that he had submitted and reminded them that Anglian Water had no objections to the proposals for foul drainage. A proposed condition required the applicant to satisfy the Statutory Undertakers as to the drainage arrangements before commencement of the development.
The objector argued that the area had been identified in an independent report as at risk from flooding and there had been previous instances of flooding. The proposal would increase the risk of such flooding by discharging more water into the old river Ancholme. The existing drainage was at full capacity. There were objections from the Environment Agency and the Internal Drainage Board on this basis
The Director of Environment and Public Protection stated that there was no reason for him to make anything but a positive recommendation. The site was identified as appropriate for housing in both the existing and draft Local Plans and was a brown field site. Proposed Condition 6 required the applicant to make adequate provision for foul and surface water drainage and the applicant’s agent was fully aware of this requirement.
The chair advised members that he was concerned at the objection from the Environment Agency and had written to the minister seeking clarification as to the weight to be given to such an objection.
Resolved – That consideration of this application be deferred pending receipt of a reply from the minister.
113 (72) 99/0802 by Quinton & Kaines (Holdings) Ltd for outline permission for residential development on land at Engine Street/James Street, Brigg.
Resolved – That consideration of this application be deferred pending receipt of a reply from the minister.
114 (73) 00/0403 by Mr & Mrs P Vardy for erection of extensions and carrying out of alterations to existing cottage to provide additional living accommodation at “Windfall”, 7 Palmer Lane, Barrow-upon-Humber.
Resolved – That permission be refused in accordance with the recommendation contained in the report.
11 (74) 00/0344 by NTL for permission to erect a 37.5m telecommunications tower and installation of two equipment cabins and a meter cabinet at NTL Transmitting Station, Neatgangs Lane, Goxhill.
Prior to consideration of this application an objector and a representative of the applicants addressed the sub-committee.
The applicants’ agent responded to the objections made in respect of health and safety.
The site would create only a small percentage of the amount of radiation allowed under international guidelines. In response to objections in respect of alleged interference to radio and TV reception he argued that all new aerials were subjected to computer modelling to ensure that no such interference was caused.
The objector was concerned at the potential health and safety risks. She argued that insufficient research had yet been undertaken into the effects of radiation from such masts. Also the mast would visually dominate the whole area and there was inadequate access for the large vehicles which would be involved in its construction.
The Director of Environment and Public Protection stated that the proposal met all current safety criteria. The structure would be of a different kind to the mast currently on the site. The site met the requirements of PPG 8. There was no evidence of interference to radio and TV signals caused by existing masts. Whilst the access was narrow it would be used by large lorries for only a short time.
Resolved – That permission be refused on the grounds of health and safety, the proximity to existing residential properties, visual intrusion and that the proposal would be contrary to the Policy in the draft North Lincolnshire Local Plan.
116 (75) HISTORIC BUILDING GRANTS – The Director of Environment and Public Protection submitted reports on the following applications for grant aid. Each report set out the background to the application, details of the proposed works and resource and environmental implications.
Resolved – That the following grants be offered subject to satisfactory completion of the repair work:-
| Property | Grant (£) |
| Kingston House, Barton-upon-Humber | 69 |
| 25 Waterside Road, Barton-upon-Humber | 2,500 |
117 (76) 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) 98/1424 by T A White and Sons for erection of a two-storey dwelling with integral single-storey garage (siting not reserved for subsequent approval) on land to the north of High Street, Wroot.
(ii) 99/1098 by Mr T Hazeldine for retention of a building for use as a nursery at Reeds Hotel, Far Ings Road, Barton-upon-Humber.
(iii) 99/1175 by Mr T Hazeldine for retention of an office block at Reeds Hotel, Far Ings Road, Barton-upon-Humber.
(iv) 99/1177 by Mr T Hazeldine for retention of a temporary building to be used as a coffee lounge at Reeds Hotel, Far Ings Road, Barton-upon-Humber.
(v) 99/1184 by Mr T Hazeldine for continuation of use of dwellings as treatment rooms at Reeds Hotel, Far Ings Road, Barton-upon-Humber.
(vi) 00/0008 by Mason and Partners for erection of a single-storey retail unit with associated car parking at former Hornsby and Goodwin, Dawes Lane/Brigg Road, Scunthorpe.
(vii) 00/0135 by Mrs Clark for removal of condition 3 of permission 99/0987 to allow insertion of a window in the western wall of bedroom 3 on land adjacent to Old House, High Street, South Ferriby.
(subject to the insertion of the words “between points A and B shown on the attached plan” after “Local Planning Authority” in Condition 2)
(Note: prior to consideration of the foregoing application, 00/0135, the Director of Environment and Public Protection informed members of a late letter of objection)
(viii) 00/0165 by G S Barratt for erection of a conservatory and entrance to an existing public house and an attached dwelling at Perry’s Public House, Gainsthorpe Road, Kirton-in-Lindsey.
(ix) 00/0273 by North Lincolnshire Council for remediation and after use works at the Waters’ Edge Land Reclamation Site, and excavation of clay and topsoil and creation of reed beds at the Far Ings Site at Maltkiln Road and Far Ings Road/Gravel Pit Road, Barton-upon-Humber.
(x) 00/0531 by Mr M Toms for erection of extensions to form a dance studio and two classrooms at South Axholme School, Burnham Road, Epworth.
(Note: prior to consideration of the foregoing application, 00/0531 the Director of Environment and Public Protection advised members of a late letter of objection)
(xi) 00/0536 by C & V Fisher for erection of a detached four-bedroomed house and garage and 2m high boundary walls on plot between 11 & 15 Holydyke, Barton-upon-Humber.
(xii) 00/0537 by C & V Fisher for Conservation Area Consent to demolish outbuildings on plot between 11 & 15 Holydyke, Barton-upon-Humber.
(xiii) 00/0550 by Crowle and Ealand Playing Field Association to erect a changing room block at The Playing Field, Godnow Road, Crowle.
(xiv) 00/0552 by Lidl UK for erection of a foodstore and car parking on land south of High Street, Barton-upon-Humber.
(subject to the addition of the words “or Bank Holidays” to condition 7)
(Note: prior to consideration of the foregoing application the Director of Environment and Public Protection referred to a letter from agents in respect of a further application for a supermarket in Barton which had yet to come to the sub-committee and arguing that approval of the present application should not reduce the need for their own clients’ proposal).
(xv) 00/0567 by Lidl UK GmbH for Conservation Area Consent to demolish 117, 119, 121 High Street, Barton-upon-Humber.
(xvi) 00/0567 Mr & Mrs Woodhouse for erection of a dormer bungalow on Plot 2, Westminster Road, Broughton.
(xvii) 00/0629 by Mr S P & Mrs K A Clayton for change of use of former chapel to a dwelling at Old Wesleyan Chapel, Main Street, Howsham.
(Prior to consideration of this application, an objector addressed the sub-committee. He was primarily concerned with the potential for damage to his garden as a result of the need for access during construction and that water supply and drainage should be independent of his own.
The Assistant Director of Corporate Affairs (Legal and Administration) advised that the objector’s concerns were not relevant planning considerations. The objector should seek independent legal advice on these matters. It was not possible to insist on separate arrangements for water and drainage if the existing arrangements were adequate.
The Director of Environment and Public Protection read a letter from the applicant’s agent who had been unable to attend the meeting).
(xviii) 00.0637 by Mr J A Cooke for outline planning permission to erect four dwellings on site north of Casamia, Maltkiln Road, Barton-upon-Humber.
(xix) 00/0665 by G Law for erection of a two-storey extension, double garage, conservatory and porch at Field Villa, Mann Lane, Belton.
(xx) 00/0675 Mr N Wells for retention of a former agricultural building for storage and distribution of Tupperware and use of portable buildings as an office/meeting area.
(xxi) 00/0690 by Mrs L Palfrey for use of premises for parking of mobile grocery shop and use of domestic garages for storage of groceries and stationery.
(xxii) 00/0706 by Mr B & Mrs S Riggall for change of use of a training centre to retail, storage and offices on building and land Grammar School Road, Brigg.
(xxiii) 00/0712 by Dr A Grimley for construction of an all-weather sports facility (renewal of 7/235/95 dated 22/6/95) at Sir John Nelthorpe School, Grammar School Road, Brigg.
(xxiv) 00/0717 by Mr & Mrs Robinson for erection of a domestic extension and conservatory at 67 Vancouver Close, Bottesford.
(xxv) 00/0722 by Mr G Wilson for alterations to and raising of height of garden wall currently under construction at 14 Woodland Avenue, Crowle.
(xxvi) 00/0730 by Mrs K Harrison & Mr A Willingham for outline permission for a dwelling and garage including details of access on land south of 45 Dam Road, Barton-upon-Humber.
(xxvii) 00/073 by Mr J E Winship for retention of security fencing at Winships, Elwes Street, Brigg.
(xxviii) 00/0738 by Bodhi Tree Limited for change of use of a dwelling (C3) to a residential retreat (C2) at Westfield House, Westfield Road, Barton-upon-Humber.
(xxix) 00/0758 by Mr & Mrs Y K Ho for erection of ground floor and first floor extensions and a conservatory at 3 York Road, Brigg.
(Prior to consideration of the foregoing application an objector and a representative of the applicants addressed the sub-committee. The applicants’ representative stated that the family had lived in Brigg for eleven years and wished to continue to do so as they had a business there and their children attended a local school. Their current property was no longer large enough for the family. The objector lived to the south of the site and would suffer no loss of sunlight to his rear garden.
The objector stated that the proposal was out of keeping with the locality and would cover an area of 340 square metres. It would have an overbearing effect on neighbouring properties dominating their gardens and affecting their views. There were also longstanding drainage problems in the area.
The Director of Environment and Public Protection stated that due to the “stagger effect” of the siting there would be little impact on neighbouring properties. The south facing windows would be obscure-glazed.)
(xxxi) 00/0808 by Mr M J Todd for erection of a single domestic garage at 5 Wordsworth Road, Scunthorpe.
118 Resolved – That the following applications be refused in accordance with the recommendations contained in the reports.
(i) 00/0234 by Mr C Parker for construction of an irrigation pond at 58 Station Road, Epworth.
(Prior to consideration of the foregoing application the applicant and an objector addressed the sub-committee.
The objector was concerned at the danger to local children and to people using a public footpath at the rear of the site. She also alleged that the pond would be at a higher level than neighbouring church buildings which would therefore be at risk of flooding. Water seepage could also damage neighbouring properties.
The applicant stated that the pond would be used as a source of water for crops and would also create a wildlife habitat. The pond would be securely fenced. The footpath was four feet higher than the church.)
(ii) 00/0579 by Mr P Sirotkin for erection of a bungalow and detached garage on land adjacent to the Congregational Church, Ferry Road West, Scunthorpe.
(iii) 00/0581 by Tower Manor Ltd for erection of a two-bedroom house on land east of 21 Priestgate, Barton-upon-Humber.
(iv) 00/0589 by Castle Square Developments for change of use of part of ground floor from retail (A1) to office premises (A2) at 14/15 Wrawby Street, Brigg.
(v) 00/0674 by Mr J H Andrew for renewal of planning permission 97/0987 without complying with condition 2, namely to allow access to the site from Finkle Street.
(vi) 00/0719 by Trustees of Appleby Estate for outline permission for erection of two dwellings (renewal of 1996/1759, granted 16/04/1997) at Manor Farm, School Lane, Appleby.
(vii) 00/0743 by Mrs L Hasselby for variation of condition 3 on permission 99/1368 to allow the change of use without amending the existing west elevation at 5 Tempertons Lane, Owston Ferry.
119 00/0726 by One 2 One Personal Communications Ltd for erection of a 22.5m high telecommunications tower, transmission dishes, antenna, equipment cabin and ancillary development at Trevafield Engineering, Hoylake Road, Bottesford.
Prior to consideration of this application an objector addressed the sub-committee. The objector concurred with the concerns of the objector in respect of application 00/0344 (Minute 115 refers).
Resolved – That permission be refused on the grounds of health and safety, the proximity to existing business properties, visual intrusion and that the proposal would be contrary to the Policy in the draft North Lincolnshire Local Plan.
120 Resolved – That consideration of the following applications be deferred until the next meeting and that members visit the sites prior to that meeting.
(i) 00/0242 by Singleton Birch Ltd for extension of existing quarry and its subsequent restoration by landfilling at Melton Ross Quarries, B1211, Melton Ross.
(ii) 00/0735 by Mr & Mrs J W & E V Johnson for erection of a detached bungalow and garage incorporating severely disabled persons’ facilities on land adjacent to 74 Butterwick Road, Messingham.
(iii) 00/0775 by Mr & Mrs Murgatroyd for an increase in the number of touring caravans on the site from 20 to 35 at Brookside Caravan & Camping Park, Stather Road, Burton-upon-Stather.
121 (77) APPLICATION FOR APPROVAL OF RESERVED MATTERS FOLLOWING THE GRANT OF OUTLINE PLANNING PERMISSION – 00/0685 by Mrs A Hart for matters reserved under outline permission 99/0145 for erection of two detached four-bedroom house on land adjoining Town Farm, Silver Street, Barrow-upon-Humber.
The Director of Environment and Public Protection submitted a report informing members about this application for approval of reserved matters which was ready for determination. Outline planning permission had already been granted and the developments had therefore been agreed in principle. Consideration was now required to the details of the siting, design, external appearance, means of access and landscaping of the development (excluding any of these matters which were expressly approved at the time outline permission had been granted).
Resolved – That permission be granted in accordance with the recommendation contained in the report.
122 (78) APPEALS – The Director of Environment and Public Protection submitted a report informing members of the following appeals to the Secretary of State.
(i) Against the refusal of advertisement consent to retain a wall-mounted internally illuminated display unit, Market Newsagents, 15 Market Place, Barton-upon-Humber – Application Reference 99/0659 – Appeal Dismissed.
(ii) Against the refusal of outline planning permission to erect two detached bungalows at 3 Crowle Bank Road, Althorpe – Application Reference 99/0962 – Appeal Dismissed.
(iii) Against the refusal of permission to retain the use of land to site one residential caravan and one touring caravan at The Scrap Yard, Station Approach, Station Yard, Kirton-in-Lindsey – Application Reference 99/1151 – Appeal Allowed.
(iv) Against the refusal of permission to change the use of an empty Class 1 retail shop to a Class 3 hot food takeaway at 26-28 Quebec Road, Bottesford – Application Reference 99.1365 – Appeal Allowed.
(v) Against the refusal of permission to erect a single-storey retail unit on land adjacent to the Lidl supermarket, Doncaster Road, Scunthorpe – Application Reference 99/1390 – Appeal Dismissed.
Resolved – That the report be noted.
123 ENFORCEMENT – The Director of Environment and Public Protection submitted reports on the following alleged breaches of planning control. Each report set out the planning history of the site; the nature of the alleged breach; details of attempts to secure a cessation of the breach or submission of a planning application, and the reasons why it was considered expedient to take action.
(79) Unauthorised Development – Siting of a Mobile Home without planning permission on the site known as Approach Farm, Epworth Road, Sandtoft, Epworth – Resolved – That authority be given (a) for any necessary enforcement action to secure the cessation of the unauthorised use, and (b) to issue instructions to take proceedings in the Magistrates’ Court in the event that any notice served in pursuance of (a) or any requisition served under Section 330 of the Town and Country Planning Act 1990 or Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 is not complied with, subject to the Assistant Director (Legal and Administration) being satisfied as with the evidence available to support such action.
124 (80) Untidy Land – Site adjacent to 24 Brigg Road, Messingham – Resolved – That authority be given (a) to take any appropriate formal action including the issue of a notice under Section 215 of the Town and Country Planning Act to secure the clearance and tidying of the site, and (b) to issue instructions to take proceedings in the Magistrates’ Court in the event that any notice served in pursuance of (a) or any requisition served under Section 330 of the Town and Country Planning Act 1990 or Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 is not complied with, subject to the Assistant Director (Legal and Administration) being satisfied as with the evidence available to support each action.
124 (80) ENFORCEMENT UPDATE – The Director of Environment and Public Protection submitted a schedule giving details of progress in respect of matters on which the sub-committee had authorised enforcement action.
Resolved – That the report be noted.
125 (81) STATISTICS OF PLANNING APPLICATIONS – APRIL – JUNE 2000 – The Director of Environment and Public Protection submitted a report informing members of the council’s performance in handling planning applications in the second quarter of 2000.
Resolved – That the report be noted.
126 (82) CONOCO GLOBAL POWER DEVELOPMENTS UK LTD – PROPOSED SECTION 106 OBLIGATION – Further to Minute 18, the Director of Environment and Public Protection submitted a report inviting members to approve an Obligation under Section 106 of the Town and Country Planning Act 1990.
The sub-committee had previously considered a Form B application for a combined heat and power plant to be erected by the company and had resolved to advise the Secretary of State for Trade and Industry that it did not object to the development in principle subject to a number of conditions which the Council would wish to see attached to the permission if the Secretary of State approved the project.
The Secretary of State for Trade and Industry has now written to the Council asking for comments on the conditions which he proposed to attach to any subsequent permission. On the whole the draft conditions reflected those put forward by the Council. In addition, however, he had added an extra condition (No 49) requiring the company to build an energy corridor for steam and electricity before the power plan was commissioned.
Following discussions with the developers it was not considered that this condition was feasible. The Secretary of State had suggested this draft condition in order to ensure that the company was committed to providing the off site benefits for the development of the South Humber Bank as outlined in its application. It was suggested that these benefits could be secured by means of a Section 106 Obligation which would be entered into jointly by this Council, North East Lincolnshire Council and the developers. A copy of the proposed Section 106 Obligation was appended to the report for Members’ consideration. Should the proposed DTI condition remain, then the developer would have to provide an energy corridor which was entirely unsuitable for any new, or even existing, business and consequently the benefits of such investment would be lost to the area. The terms of the Obligation provided for a more bespoke infrastructure designed to suit the needs of any new customer.
The Director assured members that the Council’s ability to determine future planning applications relating to an energy corridor in North Lincolnshire would not be prejudiced by entering into the Obligation.
North East Lincolnshire’s Planning Committee had approved the Obligation on 4 August 2000.
Resolved – (a) That the Council agrees to enter into the Section 106 Obligation with Conoco Global Power Developments UK Ltd, subject to its amendment by the addition of the words “and in respect of any future applications by the developer in respect of any infrastructure” to Clause 11, and (b) that the Secretary of State for Trade and Industry by advised that this Council believes that the Section 106 Obligation is preferable to the proposed Condition 49 that he imposed, which should be deleted.