Planning Committee – 9 November 2001
MINUTES
PRESENT: – Councillor Ellis in the chair.
Councillors Fordham (vice-chair), Gosling, Holgate, Long, Rocks, Wardle, Whiteley and Wood.
Councillors Delaney and Stewart attended the meeting under the provisions of Procedure Rule 38(b).
The committee met at Pittwood House, Scunthorpe.
90 DECLARATIONS OF PECUNIARY OR NON-PECUNIARY INTERESTS AND DECLARATIONS OF SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) – Councillor Whiteley declared a non-pecuniary interest in application 01/0828 (Minute 94 refers).
Councillor Ellis declared that he had been lobbied in respect of application 01/0692 (Minute 93 refers).
91 REQUESTS TO SPEAK – PROCEDURE RULE 36(e) – It was reported that six 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 applications.
92 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 12 October 2001, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.
93 APPLICATIONS DEFERRED FROM PREVIOUS MEETING (minute 86 refers) – 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 them orally where appropriate.
(Councillor Ellis having declared that he had been lobbied in respect of the following application (01/0692), vacated the chair and took no part in the voting thereon. Councillor Fordham took the chair for the consideration of the following item only).
(46) 01/0692 by Mr M Gilliatt on behalf of Heroes BMX Club for construction of a BMX track on land east of Grange Farm Hobbies Centre, Franklin Crescent (north of the Matalan building), Scunthorpe.
Resolved – That permission be granted in accordance with the recommendation contained in the report.
94 (47) 01/0828 by Mr D Lea for erection of four detached houses and garages and extension of an access way on land rear of 92, 94 and 96 Moorwell Road, Bottesford.
Prior to consideration of this item, an objector and a representative of the applicant addressed the committee under the provisions of Procedure Rule 36 (e).
The objector claimed that existing problems with flooding would be exacerbated by the proposed development.
The applicant’s representative dealt with the objections in turn. Although some objectors had claimed that there would be a loss of visual amenity for neighbouring properties, there was no right to a view. Any development adjacent to existing buildings would result in some loss of visual amenity, however in this case the extent of this was not unreasonable. The proposal would comply with the relevant national and local policies and there had been no objections raised by the Environment Agency or the regional water company.
The Director of Environment and Public Protection updated the report in respect of an additional letter of representation which raised no new issues not dealt with in the report.
Resolved – That permission be granted in accordance with the recommendation contained in the report.
95 (48) 01/0839 by Mrs A Skinner for change of use from residential to a day nursery for 35 pre-school children at West Common Lane, Scunthorpe.
Prior to consideration of this application an objector and the applicant addressed the committee under the provisions of Procedure Rule 36 (e).
The objector, speaking on behalf of the local college, secondary school and local residents, objected on the grounds of road safety exacerbated by the lack of car parking space within the site. He claimed that there was likely to be a queue of cars at peak times. There was also likely to be disturbance to neighbouring residents from children playing outside. Reference was also made to registration issues.
The applicant stated that the proposed nursery would be operated in a sensitive manner. Nurseries should be located in the communities that they served and this was an ideal location. Existing parking restrictions would prevent the traffic problems envisaged by the objectors. Parents would not all arrive at the same time but at various times during the day. There would not be large groups of children playing outside.
The Director of Environment and Public Protection advised the committee that the South Humber Health Authority Inspection Unit considered the premises to be suitable for the use. The paramount issue was that of highways and there was no objection from the Highways Team.
Resolved – That permission be granted in accordance with the recommendation contained in the report.
96 (49) 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.
(i) 00/1357 by Drs Al-Adwani & A Yule – Smith for change of use of the first floor area of an existing barn into a one-bedroomed flat at West Farm, Hunts Lane, Hibaldstow.
(ii) 00/1371 by Drs Al-Adwani & A Yule – Smith for erection of a detached 3-bedroomed house and garage at West Farm, Hunts Lane, Hibaldstow.
(The Director of Environment and Public Protection confirmed that access to this property was to be by means of the existing access from Hunts Lane rather than from Ford Lane)
(iii) 01/0467 by Mrs D M Dickinson for outline permission for residential development (means of access not reserved for subsequent approval) at West End Farm, West Street, Hibaldstow.
(iv) 01/0636 by Orchard Court Residential Care Home Ltd for erection of residential care home units within the grounds of an existing care home and provision of additional car parking spaces at Orchard Court Residential Home, Wrawby Road, Brigg.
(subject to an amendment to Condition 3 to refer to the date of a further revised plan)
(v) 01/0684 by Exxtor Shipping Services Ltd for retention of the use of land for the storage of trade motor vehicles and retention of portable security office accommodation on land at Rosper Road, North Killingholme.
(vi) 01/1007 by Matt Leeming and Co. Ltd for change of use of a Dutch barn for use as a distribution business at Don Farm, Newbigg, Crowle.
(vii) 01/1011 by Mr J Hastings for outline permission to erect a bungalow on Plot adjacent to Nicol Lodge, Nicolgate Lane, Brigg.
(viii) 01/1042 by Mr P Slowen for permission to convert existing barns into one dwelling on Plot 5, Manor Farm, School Lane, Appleby.
(The Director of Environment and Public Protection reported and commented upon the views of Appleby Parish Council which objected to the proposal because the proposed curtilage fell outside the development limit for the village)
(ix) 01/1079 by Trustees of Appleby Estate for erection of a detached 4-bedroomed dormer bungalow and detached garage on Plot adjacent to 4 Paul Lane, Appleby.
(The Director of Environment and Public Protection reported that the Parish Council had withdrawn its objection as materials had now been specified and a further application would be needed to develop adjoining land with alternative access).
(x) 01/1145 by Mr J Brooks for erection of a stable block and creation of a new access on land at Brigg Road, Cadney.
(xi) 01/1158 by Mrs M Hepworth for change of use of auction rooms to a children’s day nursery at Dowse’s Auction Rooms, Falkland Way, Barton -upon – Humber.
(xii) 01/1167 by Loversall Estates Ltd for erection of 12 dwellings (amended house types) with associated revised road layout on site south of Beechwood Farm, East Street, Hibaldstow.
(The Director of Environment and Public Protection reported and commented upon an objection from Hibaldstow Parish Council on the grounds that houses on the site would affect the amenity of existing dwellings to the south)
(xiii) 01/1173 by Mr and Mrs C Bailey for change of use of agricultural land to domestic garden on land adjacent to Plot 3, School Lane, Appleby.
(The Director of Environment and Public Protection reported similar comments from the parish council as applied to application 01/1042)
97 Resolved – That the following applications be refused in accordance with the recommendations contained in the reports.
(i) 01/1184 by Mr V Howard for erection of two dwellings on Plots 2 & 3, Thorne Road, Sandtoft.
(ii) 01/0920 by Mr Shooter and Mrs Wall for a certificate of lawful use for the siting of a dwelling and outbuildings at Approach Farm, Sandtoft Road, Epworth.
98 01/0018 by the Proudfoot Group for erection of a non-food retail unit and petrol filling station and remodelling of existing car parking area and retaining wall adjacent to existing tidal drain at Proudfoots retail site, Maltkiln Road, Barton-upon-Humber.
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 providing for a financial contribution towards improvements aimed at encouraging shoppers from the Ropewalk to walk down Fleetgate to Barton centre; (b) that the Assistant Director (Planning and Environment) 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 January 2002 the Assistant Director (Planning and Environment) be authorised to refuse the application as inadequate links exist between the application site and Barton town centre, thereby discouraging shoppers from the Ropewalk to walk down Fleetgate to combine shopping trips at the proposed site and Barton town centre.
99 01/1001 by Persimmon Homes (EY) Ltd for erection of 47 detached dwellings and garages and provision of means of access thereto on land at Grayingham Road, Kirton-in-Lindsey.
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 relating to the provision and future maintenance of the proposed open space indicated on drawing no. 01-0115-1 Rev.D, together with the provision of landscaping, litter bins, and, following further discussions with the applicant, seating if considered appropriate; (b) that the Assistant Director (Planning and Environment) be authorised to grant permission upon completion of the obligation subject to the conditions contained in the report and an additional condition requested by the archaeology unit, and (c) that if the obligation is not completed by 31 January 2002 the Assistant Director (Planning and Environment) be authorised to refuse the application on the grounds of inadequate provision of open space facilities in accordance with the provisions of Policy p0 contained in the North Lincolnshire Local Plan Revised Deposit Draft.
100 01/1202 by TS & S Global Ltd for construction of a new production facility including factory, warehouse and offices, a multi-use games area with floodlighting, 2 new football pitches and ancillary parking at North Lindsey College, Kingsway, Scunthorpe.
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 providing for the laying out and phased provision of three new playing pitches, namely a football pitch, junior pitch and multi-games area, and for the carrying out of any recommendations resulting from the Traffic Impact Assessment and for any necessary planting to fill the gaps in the existing hedgerow; (b) that the Assistant Director (Planning and Environment) be authorised to grant permission upon completion of the obligation subject to the conditions contained in the report and any additional highway requirements advised by the Highways team, and (c) that if the obligation is not completed by 31 January 2002 the Assistant Director (Planning and Environment) be authorised to refuse the application on the grounds that the development would result in the loss of playing field provision, contrary to national and local planning policy.
101 01/0607 by Miss E Bennet Community Heritage Arts and Media Project for listed building consent to attach two murals to front elevation at Church School, Queen Street, Barton -upon -Humber
Resolved – That consent be granted in accordance with the recommendation contained in the report.
102 01/1153 by Hutchison 3G UK for erection of a 21.7 m. monopole to include 3 sector antennas, 3 dish antennas and 1 NEC equipment cabinet at Brumby Grove, Scotter Road, Scunthorpe.
Councillor Mrs Delaney, attending under the provisions of Procedure Rule 38 (b), spoke against the application.
The Director of Environment and Public Protection advised that, in his opinion, the proposal was acceptable. Nevertheless members were of the opinion that the proposed site was too close to residential properties.
Resolved – That the application be deferred to enable officers to request the applicant to consider relocating the proposed development.
103 01/1217 by Hutchison 3G UK for determination concerning prior approval of siting, design and appearance for the erection of a 15m monopole, 2 sector antennas, 3 dishes and 1 equipment cabinet on land west of Hillgarth Farm, Station Road, Ulceby.
The Director of Environment and Public Protection advised that, in his opinion, the proposal was acceptable. Nevertheless members were of the opinion that the siting of the proposal was unacceptable.
The Director of Environment and Public Protection advised members that, in these circumstances, they should decide firstly whether prior approval was required. If they decided that prior approval was required they would then have to decide whether to grant such approval since the next meeting of the committee would be more than 56 days from the submission of the application and, in the absence of a decision, approval would be deemed to be granted.
Resolved – (a) That prior approval was required for the proposal, and (b) that prior approval not be given since the mast is not sited in an acceptable location.
104 01/1205 by North Lincolnshire Council for consent to fell three ash trees north of 48 Eastfield Road protected by a tree preservation order (1955 Barton – upon – Humber W.1) at Baysgarth Park, Eastfield Road, Barton – upon – Humber.
Prior to consideration of this item, a supporter addressed the committee under the provisions of Procedure Rule 36 (e). The Director of Environment and Public Protection read a further letter of representation from an objector who was unable to attend the meeting.
Resolved – That consent be granted in accordance with the recommendation contained in the report.
105 Resolved – That consideration of the following applications be deferred until the next meeting and that members visit the sites prior to that meeting.
(i) 01/0868 by Mr R Raynor for the change of use of a dwelling to a hotel/restaurant at Windmills, Belton Road, Epworth.
(ii) 01/1053 by Mr and Mrs RH Brown for erection of a 3-bedroomed bungalow on land east of The Rectory, Church Street, Amcotts.
106 01/1055 by Mr A Ellerby for change of use of land to a weekend market, including the siting of portaloos on land at Redbourne Mere, Kirton-in-Lindsey.
Resolved – That it be noted that this application has been withdrawn.
107 (50) APPLICATIONS FOR APPROVAL OF RESERVED MATTERS FOLLOWING THE GRANT OF OUTLINE PERMISSION – The Director of Environment and Public Protection submitted a report informing members about applications for approval of reserved matters which were 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).
98/1555 by H Nicholson & M Waters, c/o Fair Gardens Plant Centre in respect of outline permission 7/528/95 for the erection of 8 houses on land north of Ings Road, Kirton-in-Lindsey.
The Director of Environment and Public Protection reported two additional letters of representation in respect of this application, relating to matters already raised by others and covered in his report, and confirmed that the Town Council had sustained its earlier objection.
Resolved – That approval be granted subject to the conditions contained in the report.
108 01/0872 by Mr and Mrs A Kelsey in respect of outline permission 98/0649 for erection of a detached 4-bedroomed house with garage including the demolition of an existing building on land adjoining 16 Low Street, Haxey.
Prior to consideration of this application an objector addressed the committee in accordance with Procedure Rule 36 (e). He claimed that a condition in the outline condition had not been complied with as the development as now shown extended beyond the development limit for Haxey in the Deposit Draft North Lincolnshire Local Plan.
The Director of Environment and Public Protection reported that the site already had the benefit of outline planning permission with siting and access agreed and the present application related to design and appearance only.
Resolved – That approval be granted in accordance with the recommendation contained in the report.
109 (51) APPEALS – The Director of Environment and Public Protection submitted a report informing members of the outcome of the following appeals: –
(i) Against the refusal to grant outline permission for erection of a dwelling on a site north – east of the fishing pond, off Chafer Lane, Stather Road, Burton -upon – Stather (98/1532) – Appeal Dismissed
(ii) Against the refusal to grant outline permission for residential development, Phase 12, Millfields Way, Barrow – upon – Humber (00/1031) – Appeal Dismissed.
(iii) Against the refusal to renew outline permission 96/1781 for the erection of three dwellings with vehicular access on part of Vicarage Paddock, Vicarage Lane, Scawby (00/1066) – Appeal Allowed.
(iv) Against the refusal of consent to display internally illuminated flag pole and logo box signs at Lidl, High Street, Barton -upon – Humber (00/1245) – Appeal Dismissed.
(v) Against the refusal to grant permission for retention of a 2.1m wrought iron gate and piers and construction of railings to a front boundary wall at 5 Hopkins Avenue, Scunthorpe (01/0088 (B)) – Appeal Dismissed.
Resolved – That the report be noted.
110 (52) STATISTICS OF PLANNING APPLICATIONS – JULY – SEPTEMBER 2001 – The Director of Environment and Publication Protection submitted a report informing members of the council’s performance in handling planning applications in the third quarter of 2001.
The report showed a continuing improvement in the proportion of applications determined within 8 weeks of receipt, by 4% to 70%.
Resolved – That the report be noted.
111 (53) ENFORCEMENT UPDATE – The Director of Environment and Public Protection submitted a schedule giving details of progress in respect of matters on which the committee had authorised enforcement action.
Resolved – That the report be noted.
112 EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (minute 113 refers) on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 12 and 14 of Part 1 of Schedule 12A of the Local Government Act 1972.
113 (54) BREACH OF PLANNING CONTROL – The Director of Environment and Public Protection submitted a report inviting the committee to consider the next steps in relation to a breach of planning control within its area.
Councillor Stewart, attending the meeting under the provisions of Procedure Rule 38(b) and with the consent of the committee, spoke on this matter.
Resolved – (a) That, in the event of no appeal being received within the statutory period, a prosecution be brought for non-compliance with the enforcement notice, and (b) that the legal representative of the occupiers of the land be advised accordingly.