Planning Sub-Committee – 27 April 2001
PRESENT: Councillor Ellis in the chair.
Councillors Fordham (vice-chair), Carlile, Holgate, P Kirk, Long, Rocks, Swift, Wardle and Wood.
Councillors England, Grant, T Muir and Stewart attended the meeting under the provisions of Standing Order 40(b).
The sub-committee met at Pittwood House, Scunthorpe.
472 DECLARATIONS OF PECUNIARY OR NON-PECUNIARY INTERESTS AND DECLARATIONS OF SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES – There were no declarations of pecuniary or non-pecuniary interest. Councillor P Kirk declared that he had been lobbied in respect of application 00/0115 (Minute 486 refers).
473 REQUESTS TO SPEAK – STANDING ORDER 38(b) – It was reported that seven 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 sub-committee prior to consideration of the relevant application.
474 MINUTES – Resolved – That the minutes of the proceedings of this sub-committee of 30 March 2001, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.
475 ADJOURNEMENT OF MEETING – During consideration of the following item a member of the public interrupted the meeting. Having been warned that the meeting would be adjourned if she persisted, she nevertheless continued.
The chair thereupon adjourned the meeting whilst the member of the public was removed from the room, at which point the meeting was reconvened.
476 (335) PLANNING AND TELECOMMUNICATIONS DEVELOPMENT – The Director of Environment and Public Protection submitted a report informing members about the government’s response to the Stewart report on mobile phones and health.
The government proposed to amend the consultation requirements on “prior notifications” so that they were the same as for planning applications and the time for local authorities to consider them was to be increased to 56 days. Authorities would still be able to turn down mast applications where they did not consider that amenity aspects had been adequately addressed. However if they had not made a decision within 56 days, approval would be deemed to be granted.
The guidance also made clear that, in the government’s view, the planning system was not the appropriate mechanism for determining health safeguards.
Resolved – That the announcement by the minister be noted and the government’s policy be taken into account in determining future applications for planning permission and prior notifications in relation to mobile phone technology.
477 APPLICATIONS DEFERRED FROM PREVIOUS MEETINGS (minutes 314 and 451 refer) – In accordance with the decisions at previous meetings, members had undertaken site visits earlier in the day. The Director of Environment and Public Protection submitted reports and updated them orally where appropriate.
(336) 00/1049 by Brinkley Homes for Approval of Reserved matters pursuant to the grant of outline permission 97/1107 for erection of six detached houses and garages on land off King Edward Street, Belton.
Prior to consideration of this application an objector and the applicant addressed the sub-committee in accordance with the provisions of Standing Order 38(b).
The objector claimed that there was inadequate surface water drainage. The site was subject to flooding and held water after rainfall. The garden of a neighbouring property was sometimes fully under water.
The applicant stated that the drainage problem had been caused by the grant of permission on Kings Meadow by the former Boothferry Borough Council and North Lincolnshire Council had inherited the responsibility for resolving the issue.
The Director of Environment and Public Protection reminded members that this was an application for approval of reserved matters, the principle of the development having already being agreed.
The main concern of objectors was the drainage problem. However the applicants were prepared to enter into a legal agreement preventing development until this issue had been resolved and, subject to completion of such an agreement, the proposal was considered to be acceptable.
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 that “no development shall commence on the construction of any building or engineering works on plots 2-7 until such time as the surface water drainage works have been resolved to the satisfaction of the local planning authority; (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 30 July 2001, the Assistant Director (Planning and Environment) be authorised to refuse the application on the grounds of the submission of unacceptable details of surface water disposal from the site thereby resulting in a likelihood of increased flooding in the immediate vicinity.
478 (337) 01/0062 by Mr G W Drury and Keigar Homes for outline planning permission to erect 3 dwellings (means of access not reserved for subsequent approval) on land south of Carr Lane, Redbourne.
Prior to consideration of this application, a representative of the applicants and an objector addressed the sub-committee.
The applicant’s representative argued that the majority of issues raised by the objectors could be dealt with at the detailed stage.
The recommendation for refusal was on policy grounds. In the draft North Lincolnshire Local Plan an area of adjacent land had been designated as an amenity area but this had now been built on and the present site substituted .If the application was allowed the remainder of the paddock would remain as such. A previous application for more dwellings on the site had been refused and the decision upheld on appeal but the Inspector had indicated that up to three dwellings would be acceptable on infill plots.
The objector referred to the potential loss of light, risk of flooding of adjacent plots and loss of a view.
The Director of Environment and Public Protection advised that the proposal was unacceptable in policy terms. The inspector at the appeal on the previous application had agreed that the site was not an infilling plot and therefore his reputed remarks about the acceptability of up to three dwellings on such plots were being referred to inaccurately.
Resolved – That permission be refused in accordance with the recommendation contained in the report.
479 (338) 00/1457 by Mr R H Dunford for erection of a single dwelling on land north west of Gillatts Close, Wrawby.
Resolved – That permission be granted in accordance with the recommendation contained in the report.
(There being an equality of votes on this matter, the chair used his second and casting vote in favour of the motion).
480 (339) 00/1460 by Mr D P Portess for retention of a double garage and the creation of a new vehicular access at 28 O’Hanlon Avenue, Brigg.
Prior to consideration of this application, the applicant addressed the sub-committee in accordance with the provisions of Standing Order 38 (b). He contended that he was governed by two “building lines” and had no real option over the siting of the garage. He had now painted the doors to improve their appearance and overcome one of the grounds of objection.
The Director of Environment and Public Protection advised that, the building was fairly large and sited between the bungalow and the road, partly screened by a high hedge over which it was not possible to impose conditions to secure its retention.
Resolved – That permission be refused in accordance with the recommendation contained in the report.
481 (340) 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) 00/0983 by Mr J M Sawyer for the change of use of agricultural buildings to a dwelling at New Cliff Farm, Thealby Lane, Winterton.
(ii) 01/0044 by Ibstock Brick Ltd for outline permission for the development of land for light and general industrial use at Ibstock Building Products Ltd., Epworth Road, Belton.
(iii) 01/0093 by Busi-Bodies Day Nursery for erection of a training/out of school facility with covered link to nursery including the demolition of existing garage at Busi-Bodies Nursery, Ferry Road West, Scunthorpe.
(Prior to consideration of this application an objector addressed the sub-committee. She stated that the proposed building would block out sunlight from her property and would spoil her view. The building could be located at the front of the existing nursery. The Director of Environment and Public Protection reminded members that there was no “right to a view” and that the extension would not block light unacceptably from the neighbouring property).
(iv) 01/0142 by South Axholme Community Swimming Pool Association for erection of an extension to provide a fitness centre and changing rooms (resubmission of 98/1316) and construction of an extension to existing car park at Epworth Swimming Pool, Burnham Road, Epworth.
(v) 01/0149 by Mr R Holstein for change of use of a building to two holiday units at Howsham Grange, Brigg Road, Howsham.
(vi) 01/0151 by Mrs M Peverill for change of use of a site to a garden/landscape gardener’s, retention of a mobile caravan in connection with the garden centre and retention of the use of buildings for storage at Dolly Max, College Road, Goxhill.
(vii) 01/0154 by Mr G J Bull for outline permission for the erection of a dwelling and garage on land south of 128 Stather Road, Burton-upon-Stather.
(viii) 01/0191 by Mr A Margetson for outline permission to erect a detached bungalow on land rear of Orchard Rise, Silver Street, Barrow-upon-Humber.
(ix) 01/0262 by Ibstock Brick Ltd. for outline permission to develop land and buildings for storage and distribution facilities at Ibstock Brick Co., Epworth Road, Belton .
482 Resolved – That the following applications be refused in accordance with the recommendations contained in the reports.
(i) 01/0221 by J S Bloor (Measham) Ltd for erection of 10 detached 3-bedroomed houses and garages, and 1 pair of semi-detached 3-bedroomed houses with garages, associated road and open space on land off (phase II -plots 201-216) Baldwin Avenue, Bottesford.
(ii) 01/0222 by J S Bloor (Measham) Ltd for erection of 10 detached 3-bedroomed houses and garages, and 1 pair of semi-detached 3-bedroomed houses with garages, associated road and open space on land off (phase II -plots 201-216) Baldwin Avenue, Bottesford.
(iii) 01/0312 by Ms L Brooks for the change of use of a haulage yard to a dog breeding business, to retain kennels and front boundary wall (resubmission of 2000/1325) at 2 North Cliff Road, Kirton-in-Lindsey.
483 Resolved – That consideration of the following applications be deferred until the next meeting and that members visit the sites prior to that meeting.
(i) 00/1451 by Mr and Mrs V Harrison for the retention of a mobile home at Frog Hall, Bagsby Road, Owston Ferry.
(ii) 00/1481 by Maltgrade Homes Ltd for erection 15 detached houses, 4 detached bungalows and garages at Highfields, Tee Lane, Burton-upon-Stather.
(iii) 01/0275 by Mr and Mrs I Cameron for change of use from residential home to children’s day nursery including the creation of additional car parking spaces at Westwold, 18 Brigg Road, Hibaldstow.
(Prior to consideration of the foregoing application, the applicant, Mrs Cameron addressed the sub-committee. She responded to each of the points made by objectors and also questioned whether there was any need for members to undertake a site visit).
484 00/0970 by Wilsons Farms for siting of a residential caravan at Hall Farm, Middlegate Lane, Bonby.
Resolved – That it be noted that this application has been withdrawn.
485 01/0088 by Mr T Torrisi for continued use of a former residential home as a dwelling, retention of a 2.1m wrought iron gate and piers and construction of a railing to the front boundary wall at 5 Hopkins Avenue, Scunthorpe.
Resolved – (a) That permission be granted for the continued use of the former residential home as a dwelling, and (b) that permission for the retention and completion of the boundary structure be refused for the reason contained in the report.
486 01/0115 by Mr M H Fish for change of use of a vacant shop to a takeaway food shop at 23 Marsden Drive, Scunthorpe.
Prior to consideration of this application, a representative of the applicant and an objector addressed the sub-committee.
The applicant’s representative stated that the premises were already used for the preparation of hot food. There was a demand for this type of business in a rapidly expanding estate. The use would create no more nuisance than the existing one which had not caused any complaints to date. The meals would be designed to be taken home to eat rather than to be eaten on the street so there would not be a problem with litter.
The objector lived at the rear of the premises. He was concerned at the increased noise that he believed the proposal would cause especially during the evening as he and other neighbours worked shifts or started work early in the morning. He also expressed concern at potential problems with litter and with children congregating around the premises.
The Director of Environment and Public Protection advised the sub-committee that the issue was the effect on the amenity of neighbouring properties. Refusal would be consistent with previous decisions on the site.
Members nevertheless believed that the proposal was acceptable, subject to a restriction on opening hours.
Resolved – That permission be granted subject to a condition restricting the hours of opening to between 5.00p.m. and 11.30 p.m. on Mondays -Fridays and 5.00 p.m. and 11.00 p.m. on Sundays.
487 (341) REVIEW OF PLANNING ENFORCEMENT POLICY – The Director of Environment and Public Protection submitted a report informing the sub-committee of progress in the operation of the Enforcement Policy and inviting it to consider the effect of recent changes to the law and procedures.
In particular the report referred to the revised scheme of delegation which had resulted in fewer cases being brought to the sub-committee and action being taken more quickly where necessary and to the implications of the Human Rights Act.
Resolved – That the review of the Planning Enforcement Policy be accepted and that appropriate changes be made to the text to reflect the effect of the current scheme of delegation and the Human Rights Act in future versions of the relevant publicity leaflets.
488 (342) STATISTICS OF PLANNING APPLICATIONS – JANUARY-MARCH 2001 – The Director of Environment and Public Protection submitted a report informing members of the Council’s performance in handling planning applications in the first quarter of 2001.
Resolved – That the report be noted.