Planning Committee – 11 January 2002
MINUTES
PRESENT: – Councillor Ellis in the chair.
Councillors Barkley, Gosling, Holgate, Long, Rocks, Wardle, Whiteley and Wood.
Councillors Mrs Bromby and Herring attended the meeting under the provisions of Procedure Rule 38(b).
The committee met at Pittwood House, Scunthorpe.
125 DECLARATIONS OF PECUNIARY OR NON-PECUNIARY INTERESTS AND DECLARATIONS OF SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) – There were no declarations of pecuniary or non-pecuniary interest.
The following members declared that they had been lobbied in respect of applications on the agenda as follows: –
Member – Application – Minute
Councillor Gosling – 01/1231 – 136
Councillor Wardle – 01/1231 – 136
126 REQUESTS TO SPEAK – PROCEDURE RULE 36(e) – It was reported that nine requests to speak had been received in accordance with Procedure Rule 36(e). The chair stated that the speakers would be able to address the committee prior to consideration of the respective items.
127 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 7 December 2001, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.
128 (60) PROPOSAL BY LANDOWNER TO DIVERT PUBLIC FOOTPATH 74, EPWORTH – The Director of Environment and Public Protection submitted a report on the above proposal.
Resolved – That consideration of this matter be deferred until the next meeting and that members visit the site prior to that meeting.
129 (61) PROPOSED DIVERSION OF PUBLIC FOOTPATH 74, EAST HALTON – The Director of Environment and Public Protection submitted a report to seek approval for the making of a Public Path order to divert a section of Footpath 74 in East Halton.
Recommended to Council – (a) That the section of Footpath 74 East Halton as outlined in the report be diverted under Section 119 of the Highways Act 1980; (b) that if the order is unopposed it be confirmed by this Authority and a further order made under the Wildlife and Countryside Act 1981 to modify the County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement, and (c) if the order is opposed a further report be prepared for this committee.
130 (62) PROPOSED DIVERSION OF PUBLIC FOOTPATHS 65 AND 71, EPWORTH – The Director of Environment and Public Protection submitted a report on a proposal to divert sections of Public Footpaths 65 and 71, Epworth.
Recommended to Council – (a) That approval be given to make an order to divert Public Footpaths 65 and 71, Epworth; (b) that approval be given to confirm the order if it is unopposed, and (c) that if the order is confirmed, approval be given to make a further order under the Wildlife and Countryside Act 1981 to modify the County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement.
131 (63) PROPOSED DIVERSION OF PUBLIC FOOTPATH 175, FLIXBOROUGH – The Director of Environment and Public Protection submitted a report on a proposal to divert part of Public Footpath 175, Flixborough under section 119 of the Highways Act 1980.
Recommended to Council – (a) That the section of Footpath 175 at Flixborough, as outlined in the report be diverted under Section 119 of the Highways Act 1980; (b) that the order be confirmed if it is unopposed, and (c) that should the order attract irreconcilable objections or representations, a further report be submitted to this committee or other appropriate committee.
132 (64) PROPOSED DIVERSION OF PUBLIC FOOTPATH 106, ULCEBY – The Director of Environment and Protection submitted a report on a proposal to make a public path order to divert a section of Footpath 106 in Ulceby.
Recommended to Council – (a) That the section of Footpath 106 in Ulceby as outlined in the report be diverted under section 119 of the Highways Act 1980; (b) that if the order is unopposed it be conformed by this Authority and a further order made under the Wildlife and Countryside Act 1981 to modify the County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement, and (c) that if the order is opposed a further report be submitted to this committee or other appropriate committee.
133 (65) DEDICATION OF PUBLIC RIGHTS OF WAY, NEW HOLLAND – The Director of Environment and Public Protection submitted a report on a proposal to dedicate two new footpaths in New Holland and to seek approval to progress the matter.
Recommended to Council – (a) That the two routes outlined in the report be dedicated as public footpaths, and (b) that the routes be added to the definitive map at the earliest opportunity.
134 (66) DEDICATION AND UPGRADING OF PUBLIC RIGHT OF WAY, EPWORTH – The Director of Environment and Public Protection submitted a report on a proposal to dedicate a section of the Isle of Axholme disused railway line as a bridleway and to seek approval to formally dedicate.
Recommended to Council – (a) That a public bridleway be dedicated between points A and B on the plan attached to the report; (b) that the existing footpath between points B and C on the plan attached to the report be upgraded to a public bridleway, and (c) that the definitive map be amended at the earliest opportunity.
135 (67) PUBLIC RIGHTS OF WAY – MORATORIUM ON PUBLIC PATH DIVERSIONS ORDERS – The Director of Environment and Public Protection submitted a report requesting an extension of the moratorium to enable rights of way staff to concentrate on statutory duties.
Recommended to Council – That the moratorium be extended through to January 2003 or until the provisions of Section 119ZA of the Highway Act 1980 are enacted, at which time the position be reviewed.
136 (68) APPLICATIONS DEFERRED FROM PREVIOUS MEETING – 01/1231 by Mr and Mrs G Carnaby for planning permission to erect a dormer bungalow with a double garage and car port, and a 2 metre high wall along the southern boundary, Plot 6, Kenya Drive, Bottesford.
In accordance with the decision at the previous meeting, members had undertaken a site visit earlier in the day. The Director of Environment and Public Protection submitted a report and updated it orally.
Prior to consideration of this item, an objector and the applicant addressed the committee under the provisions of Procedure Rule 36 (e). The objector expressed his concern over the loss of privacy he would suffer from the positioning of the upstairs windows of the proposed development. He was also concerned over the quality of the landscaping for the proposed development and the potential loss of light.
The applicant informed members that whilst the objector implied that he had removed the trees, in fact when he had purchased the plot of land, there were no trees on the land.
The Director of Environment and Public Protection advised members that in his opinion there would not be a significant loss of light to the objector’s property because of the position of the properties in relation to one another. The application had made provision to incorporate obscured glazing in the upstairs windows overlooking the objectors property which would maintain his privacy. The application also made provision for landscaping to be undertaken to the development.
Members nevertheless felt that the proposed dwelling would have an unacceptable impact on neighbouring properties because it was to close and too big.
Resolved – That the application be refused for reasons relating to over-development of the site and the consequent impact on the neighbouring properties.
137 (69) PLANNING APPLICATIONS – The Director of Environment and Public Protection 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. 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.
(Prior to consideration of the following application, Councillor Herring addressed the committee under the provisions of Procedure Rule 36 (e). She argued that there was inadequate car parking provision for the facility.
(i) 01/1029 by Mr T Hazeldine for planning permission to re-site existing marquee and erect a toilet block to north elevation at Reeds Hotel, Far Ings Road, Barton-upon-Humber.
(ii) 01/1303 by Young Options Ltd for planning permission to erect a 5-person independent living unit together with a craft and rural studies workshop and sports hall at Roxby House, Winterton Road, Roxby
(subject to an additional condition requiring the provision of additional signage within 3 months to help control the use of the easternmost access.)
(iii) 01/1305 by The Guru Nanak Sikh Temple for planning permission to retain a flagpole approximately 16.76 m high by The Guru Nanak Sikh Temple, 207 Frodingham Road, Scunthorpe.
(Prior to consideration of the following applications, 2001/1373 and 2001/1423, Councillor Herring addressed the committee under the provisions of Procedure Rule 36 (e).
(iv) 01/1373 by Mr J W and Mrs M J Littlewood-Prince for outline planning permission to erect a dormer bungalow, land south of 24 West Street, Barnetby
(v) 01/1423 by Mr J W and Mrs M J Littlewood-Prince for outline planning permission to erect 4 stables and a tack room at part of OS Field No. 4334, west of West Street, Barnetby.
(It was noted that this application was for 4 stables and a tack room rather than as described in the application itself).
(vi) 01/1384 by T Dobson Ltd for outline planning permission to erect two dwellings (means of access not reserved for subsequent approval) at land to east of 3/4 School Houses, Broughton.
(Prior to consideration of this application, an objector to the application addressed the committee in accordance with Procedure Rule 36 (e).
The objector claimed that the proposed access was not wide enough to cater for the increased volume of traffic that would be generated by the development. He was also concerned that the current problem of standing water on the road would be exacerbated by the new development.
The Director of Environment and Public Protection informed the committee that in his opinion the access was sufficient to cater for the development. There was also no evidence of any drainage problem and the plots were of sufficient size to accommodate two dwellings.
(viii) 01/1504 by Councillor and Mrs P Kirk for planning permission to erect a car/camper port at 70 Scotter Road, Scunthorpe.
138 Resolved – That the following applications be refused in accordance with the recommendations contained in the reports.
(i) 01/0998 by Mr and Mrs A White for planning permission to erect an outdoor all-weather surface menage and flood lighting at Hawthorn House, Melton Road, Wrawby
(Prior to consideration of this application, the applicant and an objector to the application addressed the committee in accordance with Procedure Rule 36 (e).
The applicant informed the committee that the menage would be mostly screened from view by trees or conifers that would hide a 1.3 m fence. There would be no change of use for the site as horses were already exercised on the menage. The development required no change to the paddock and would be left clean, safe and tidy. The floodlights would point downwards, would not shine light into neighbouring properties, would be lowered when not in use and would not be used after 9 pm. The menage surface would be made of a rubber compound that would restrict the volume of dirt and dust that would be blown into the air by the horses using the menage, thus reducing the impact on the neighbouring properties.
The objector claimed that the development would increase the volume of noise, dusts and smells which neighbouring properties would be exposed to and the floodlighting would be intrusive on the neighbouring properties and might lead to a loss of privacy.
(ii) 01/1300 by Mr M Nason for listed building consent to retain front and rear doors at 70 High Street, Belton.
(iii) 01/1344 by Mr W Johnson for planning permission to erect a block of stables at Long Skillgates Furlon, Belton Fields, off Carrhouse Road, Belton.
(iv) 01/1411 by CWS Retail Financial Services for consent to display externally illuminated signs, Co-operative Retail Services Ltd, Market Place, Epworth.
139 01/0947 by Mrs A Vora for planning permission to continue to use an existing domestic garage as two en suite bathrooms including associated alterations in connection with existing bed and breakfast facility at 34 Victoria Road, Barnetby.
Resolved – (a) That the committee is mindful to grant permission for the development subject to the completion of a formal agreement under Section 106 of the Town and Country Planning Act 1990 defining parking spaces for residents and staff available at 34 and 26-28Victoria Road by reference to a plan within three months from the date of the planning permission, and retaining the spaces so defined permanently; (b) that the Assistant Director (Regeneration and Planning) be authorised to grant permission upon completion of the obligation subject to the conditions contained in the report, and (c) that if the obligation is not completed by 31 March 2002 the Assistant Director (Regeneration and Planning) be authorised to refuse the application on the grounds that the development makes inadequate provision for off -street parking.
140 01/1153 by Hutchison 3G UK for planning permission to erect a 21.7 m monopole to include 3 sector antennas, 3 dish antennas and 1 NEC equipment cabinet.
(Prior to consideration of this application, the chair allowed an objector to the application to address the committee).
The objector stated that the applicant company had not amended the proposal. The neighbouring residents were concerned that the proposal would de-value the properties on Brumby Grove. The health concerns associated with mobile phone masts were still unclear and there were other more suitable sites where the development could take place.
The Director of Environment and Public Protection advised the committee that in his view the proposal was acceptable. Hutchison 3G UK had justified why Brumby Grove was the only site where the development could take place and had addressed the concerns over the visual impact of the development. Nevertheless, members considered that it would have a detrimental effect on the visual amenity of the area.
Resolved – That the application be refused on the grounds that the proposal would be detrimental to the visual amenity of the area.
141 01/1465 by Mr A Lindley for planning permission to erect 3 flats and a maisonette to rear of property with associated access and 1 flat above accessway (resubmission of 2001/0656) at 15-17 Queen Street, Epworth.
(Prior to consideration of this application, an objector to the application addressed the committee in accordance with Procedure Rule 36 (e).
The objector informed the committee that the proposed development did not allow enough provision for car parking, which would lead to over-spill parking on what was an already congested street. The residents of Penrose Villa believed that this development would lead to a loss of light and to a loss of privacy for residents of that and other adjoining properties and subject them to an increase in noise levels. The local Civic Society as well as Epworth Town Council objected to the application.
The Director of Environment and Public Protection advised the committee that in his view the proposal was acceptable. Whilst there would be an impact on Penrose Villa in terms of loss of light, this would be restricted to early in the morning. The problem of parking wouldn’t now be a problem as by reducing the number of dwellings in the application, the provision for parking spaces had been reduced. Nevertheless, members considered that the proposal would have a detrimental effect on the visual amenity of the area and that the application would lead to an over development of the site.
Resolved – That the application be refused for reasons relating to over-development of the site, inadequate parking provision and the impact on the neighbouring residential and commercial properties.
(Prior to consideration of the following application, 01/1297, Councillor Rocks stated that, as he was Chair of the Licensing Committee and Taxi Licensing Sub-Committee, he would not take part in the discussion or voting on the application).
142 01/1297 by Mr R Coddington for planning permission to remove condition 4 of 2000/1005, granted 06/10/2000, to allow the premises to operate on a permanent basis at 4 Collum Lane, Scunthorpe – The Director of Environment and Public Protection updated the report by stating that the Council has now made a Traffic Regulation Order on Collum Lane and in addition management practice at the business had been improved. Consequently the business was now operating in an acceptable manner.
Resolved – That a further twelve month temporary permission be granted.
143 Resolved – That consideration of the following applications be deferred until the next meeting and that members visit the sites prior to that meeting.
(i) 01/1330 by Mr and Mrs D Ecuyer for planning permission to erect a replacement garage with garden room above at The Old Post House, Old Post Office Lane, South Ferriby.
(ii) 01/1409 by Mr and Mrs B Reynolds for planning permission to erect a detached 4-bedroomed house and garage at land rear of Victoria Cottage, The Square, Goxhill.
(Prior to consideration of the above application, the applicant and an objector addressed the committee in accordance with Procedure Rule 36 (e).
The applicant stated that the site already had the benefit of an outline planning permission. Windows on the development would not overlook neighbouring properties and a professional gardener would landscape the garden. There would be no problems in terms of the access to the property or the removal of sewage.
An objector replied by stating that there would be a loss of privacy caused by the development and that the house was not in character with the other properties in The Square. The previous permission had been for a bungalow.
144 (70) 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 planning permission to erect a detached house and garage (renewal of 7/431/95 on land south of The Haven Inn, Ferry Road (application reference 2000/0899 – Appeal allowed
(ii) Against the refusal to grant outline planning permission to erect a dwelling on land at Burnham Manor Farm, Thornton Curtis (application reference 2001/0313) – Appeal Dismissed.
(iii) Against condition 3 of planning permission 2001/0320 which requires the windows in the eastern elevation of the first floor study to be opaque glazed before it is first brought into use at 4 Town Hill Drive, Broughton (application reference 2001/0320) – Appeal allowed.
(iv) Against the refusal to grant outline planning permission to erect a dwelling on land adjacent to 5 Trunk Road, Althorpe (application reference 2001/0367) – Appeal dismissed.
145 (71) TREE PRESERVATION ORDER (ST HIBALD’S CHURCH, MANTON) ORDER 2001 – The Director of Environment and Public Protection submitted a report inviting members to consider confirmation of a Tree Preservation Order (TPO) at St Hibald’s Church, Manton.
Resolved – That the Order be confirmed.