Planning Committee – 18 October 2002

MINUTES

PRESENT: – Councillor Ellis in the chair.

Councillors Todd (vice-chair), Clark, Holgate, Long, Rocks, Mrs Simpson, Whiteley and Wood

Councillors Appleyard, Barkworth, Mrs Bromby, Chapman, Gosling, Mrs Sidell, Smith and Swift attended the meeting under the provisions of Procedure Rule 38(b).

The committee met at Pittwood House, Scunthorpe.

267 DECLARATIONS OF PREJUDICIAL AND NON-PREJUDICIAL PERSONAL INTERESTS AND DECLARATIONS OF SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) – The following member declared a prejudicial interest in the following matter:

Member Minute No. Subject and Nature of Interest
Councillor Long 278 (ii) Application 02/1180 (Applicant)
The following members declared non-prejudicial personal interests in the following matters:
Councillor Whiteley 270 Application 02/0415 (Member of Bottesford Town Council)
Councillor Whiteley 272 (v) Application 02/0890 (Member of Bottesford Town Council)
Councillor Whiteley 276 Application 02/1177 (Member of Bottesford Town Council)
Councillor Clark 271 Application 02/0891 (Member of Barrow-upon-Humber Parish Council)

Councillors Ellis, Holgate, Todd and Wood declared that they had been lobbied in respect of applications 2002/0415 (Minute 270 refers) and 2002/1213 (Minute 277 (ii) refers).

Councillor Simpson declared that she had been lobbied in respect of application 2002/1213 (Minute 277 (ii) refers).

268 REQUESTS TO SPEAK – PROCEDURE RULE 36(e) – It was reported that fourteen 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.

269 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 20 September 2002, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

270 APPLICATIONS DEFERRED FROM PREVIOUS MEETING – 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.

(36) 02/0415 by NSD Ltd for planning permission to erect an extension to a steel warehousing operation including the construction of two new buildings, the provision of plant in the form of four goliath cranes and associated landscaping, access drives and car parking at NSD Ltd, South Park Road, South Park Industrial Estate, Bottesford.

(Prior to consideration of this application, an objector and the applicant addressed the committee in accordance with the provisions of Procedure Rule 36 (e)).

The objector stated that many local residents objected to this application. The objections centred on the excessive noise that would be generated by the company’s expansion, potentially to 24 hour operation. Also, the increase in production would increase the number of vehicular movements from 25 to 30 per day, an under -estimate in the objectors’ opinion. This would impact on all local residents in terms of the increased traffic on Scotter Road. The objector added that the goliath cranes, which have been applied for, would be unsightly and noisy, both to residents and to people using the country park.

The applicant stated that it was not the intention of NSD Ltd to have 24-hour operation. Whilst some work might be carried out during the night, this would be limited to a maximum of two steel lifts per night. The council’s Environmental Health Officers had indicated that the projected noise levels brought about through night time working were not sufficiently loud enough to justify a total prohibition. In view of this, he requested that recommended condition 2 should be deleted. The traffic figures quoted in the application were justified by a comparison of existing and proposed working patterns.

The Director of Environment and Public Protection stated that the Development Plan consisted of the Humberside Structure Plan and West Glanford Local Plan but the North Lincolnshire Local Plan Revised Deposit Draft was at an advanced stage and was more appropriate to use since it was the most up to date. The Humberside Structure Plan and West Glanford Local Plan stated that the site was suitable for industrial development. The Highways Team was comfortable with the amount of additional traffic that would be generated and satisfied that the local road infrastructure could cope. He took a different view from the council’s Environmental Health Officers regarding night-time working.

Resolved – That the application be refused for reasons relating to the unacceptable increase in noise and traffic, the adverse impact on the neighbouring residential and commercial properties and visual intrusion.

271 (37) 02/0891 by Mr and Mrs Goodburn for planning permission to erect a 4-bedroom detached house with integral garage at land adjacent to the Old Nursery, Cherry Lane, Barrow-upon-Humber.

(Prior to consideration of this application, an objector and the applicant addressed the committee in accordance with the provisions of Procedure Rule 36 (e).

The objector claimed that the property would damage the character of the area and its heritage.

Furthermore, the two-storey building would tower over nearby properties leading to a loss of privacy and the downstairs windows would be facing directly into her conservatory. The application was also contrary to the North Lincolnshire Local Plan Revised Deposit Draft, which prohibited developments from overlooking nearby properties.

The applicant stated that the building plot was actually on a site designated for infill development. The design of the building had been based on a dormer bungalow following discussions held with the council’s planning officers.

The Director of Environment and Public Protection believed that the fears of the objectors were unjustified. The property would have its own direct access and the development would allow for more light to neighbouring properties as overgrown conifer trees would have to be pruned. The distance between the new property and its neighbour was considered acceptable).

Resolved – That permission be granted subject to the conditions outlined in the report.

272 (38) 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) 02/0019 by Braggott Homes Ltd for planning permission to erect 103 dwellings on land at Studcross, Epworth.

(Subject to an additional condition relating to the preservation of archaeological finds).

(Prior to consideration of this application an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e).

The objector argued that the schools and other community infrastructure in Epworth were inadequate to cater for a development of this size.

Residents would be subject to an increase in pollution and a possible increased flood risk. All the traffic to and from the development would have to pass through the adjoining housing area.

The Director of Environment and Public Protection stated that the site of the site had had planning permission previously and had been allocated as a housing site in the local plan for many years. The plot was one of the few remaining identified building plots in Epworth. The layout was acceptable, including provision for open space, play areas, landscaping, footpaths and elements of low cost and affordable housing).

(ii) 02/0454 by Keigar Homes Ltd for outline planning permission to erect dwellings on land off Dam Road, Barton-upon-Humber.

(Subject to condition 10 being amended allow for the possibility of the accesses being provided on a phased basis).

(Prior to consideration of this application an objector and the applicant’s agent addressed the committee in accordance with the provisions of Procedure Rule 36 (e).

The objector claimed that many local residents in Barton objected to this application. Were the application to proceed, the streets of Barton would become gridlocked, causing traffic chaos and the application site only has access via a dark and narrow road. Also, the infrastructure of Barton was unable to cope with any additional dwellings

The applicant’s agent admitted that the application would bring about an increase in traffic to Barton. However, no objections had been received from the council’s Highways Team. Also, the site had been identified in the local plan for approximately 20 years. Therefore, the council must adhere to what is published in the local plan.

The Director of Environment and Public Protection confirmed that the land was identified in the deposit draft North Lincolnshire Local Plan as a housing area and that Barton – upon – Humber was a principal growth settlement. Access to the site would be clearly identified prior to the development commencing. The Director updated the committee by informing members that a late letter of objection to the application from the constituency MP had been received).

(iii) 02/0603 by Hutchinson 3G UK for planning permission to erect an antenna flagpole, a dish antenna and a Nokia support cabinet at St Pauls Church, St Pauls Road, Scunthorpe.

(iv) 02/0625 by Integrated Waste Management for planning permission to erect a new green waste and wood waste composting facility at Winterton Landfill Site, Coleby Road, Winterton.

(v) 02/0890 by Wilson & Co. for planning permission to erect floodlight columns to illuminate a used car display at Wilson & Co., Moorwell Road, Bottesford.

(vi) 02/0970 by Farming Services Ltd for planning permission to convert outbuildings into six two bedroom dwellings at Prospect Farm, Whitton Road, Alkborough.

(vii) 02/1012 by Mr and Mrs Stewart for planning permission to erect a detached dwelling house (amended dwelling type to that approved under planning permission 2000/0291) at Plot 2, The Hill, Worlaby.

(Subject to an additional condition stipulating that no future alterations to the roof of the property be made).

(viii) 02/1117 by Mrs JM Barnard for outline planning permission to erect two dwellings at 2 Church Lane (Town Street), North Killingholme

(ix) 02/1121 by Mr A Lindley for planning permission to erect two flats to rear of 15/17 Queen Street, rear of 15/17 Queen Street, Epworth.

(subject to an additional condition regarding landscaping)

(Prior to consideration of this application the applicant’s agent and an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e).

The agent informed the committee that the application had been amended to incorporate all the Inspectors’ comments resulting from an appeal against a previous refusal. The size and scale of the development had been reduced so that there was no longer an intrusion on the nearby property at Penrose Villa. There would be no obstructions or parking problems for the occupiers of the new development.

The objector claimed that the application was on the edge of a conservation area and would affect its setting. The Council for the Protection of Rural England and Epworth Town Council had both objected to this application. Local residents were concerned that there would be a marked increase in noise, dust and on street parking. Policy H7, referring to backland development of the North Lincolnshire Local Plan Revised Deposit Draft, stipulated that regard must be given to the living conditions of neighbours.

The Director of Environment and Public Protection confirmed that there were significant differences in this application from the previous two applications for the same site. This application was for two flats as opposed to the previous application for four flats. The applicant had addressed all the criticisms the Inspector had made about the previous proposal).

(x) 02/1227 by Mr A Lindley for planning permission to erect a bridge flat over access way on land at rear of 15/17 Queen Street, Epworth.

(Prior to consideration of this application the applicant’s agent and an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e).

The agent confirmed that the application had been changed considerably from previous applications. All amendments were in line with the Inspectors’ comments when he dismissed a previous appeal. The Inspectors’ concern centred around loss of light for adjoining properties and insufficient parking. These two issues had now been resolved.

An objector claimed that this application was exactly the same as a previous application, which had been refused by the inspector. The inspector had dismissed the appeal on conservation grounds, namely that the development would not be in keeping with the area and that there would be a loss of light and privacy for adjoining properties and a shortage of parking provision.

Policy H7, referring to backland development of the North Lincolnshire Local Plan Revised Deposit Draft, stipulated that regard must be given to the living conditions of neighbours.

The Director of Environment and Public Protection stated that the planning Inspector had no problem with this part of the original scheme so long as the materials and design were in keeping with surrounding properties).

(xi) 02/1122 by Miss Dawson for planning permission to erect a two-storey domestic extension to 5 Westgate Road, Belton.

(xii) 02/1123 by Mr H Glover for planning permission to erect 3 detached houses with garages on plots 7, 11 & 13, Fields End, Williams Drive, Ulceby.

(Note: the Committee was advised that an objector had requested to speak on this application but, being unable to attend this meeting, had requested that the application be deferred. The Director of Environment and Public Protection informed members that the points raised by the objector were addressed in his report and he made specific reference to these).

(xiii) 02/1137 by Mr and Mrs McGrory for planning permission to erect a detached 4-bedroom house and garage including fences and boundary walls on plot 7, Wisteria Way, Scunthorpe.

(Prior to consideration of this application the applicant addressed the committee in accordance with the provisions of Procedure Rule 36(e). He stated that the reason for concern from local residents was due to overlooking windows. He had considered several other options but none of these had proved to be acceptable. The windows in question were part of a child’s bedroom and approximately 50ft away from nearby properties. The house needed upstairs windows and to site the windows in any other location would be unacceptable).

(xiv) 02/1147 by Mr AS Bagshaw for planning permission to replace existing conservatory and construct a boundary wall at Carlton House, 41 Grammar School Road, Brigg.

(xv) 02/1195 by Diamond Motorsport for planning permission to change the use of and convert an existing workshop into a retail shop for the sale of motorcycle accessories and clothes at Diamond Motorsport, 1 Main Street, Thornton Curtis.

273 02/0799 by Mash Enterprises Ltd for planning permission to remove condition 3 of planning permission 2000/1530 (which stated that “the sawdust combustion process shall not be operated outside the hours of 7.00 am to 7.00 pm Monday to Friday, 7.00 am to 1.00 pm on Saturdays nor at any time on a Sunday or Public Holiday”) so that the sawdust combustion process could run 24 hours a day, 7 days a week at Pinewrap Ltd, Humber Road, Barton-upon-Humber.

(Prior to consideration of this application an objector and the applicant addressed the committee in accordance with the provisions of Procedure Rule 36 (e).

The objector stated that industrial and commercial development should not take place if there were unacceptable environmental problems. The major concern to local residents was the issue of noise. Noise from the premises could currently be heard through double glazed windows. It was residents’ basic human right that they be allowed to have their windows open.

Noise after 7.00 am is approximately 15-20 decibels above normal. This extra noise during the night was unacceptable.

The applicant informed the committee that Mash Enterprises have been located in Barton-upon-Humber for some 13 years. The reason for the change to the application was to enable the internal heating system to operate more efficiently than by using oil or gas.

Resolved – That the application be refused since circumstances have not changed since the condition was imposed and to remove the condition would lead to an unacceptable increase in noise.

274 02/1148 by Mr V Howard for outline planning permission to erect 2 dwellings at Thorne Road, Sandtoft.

(Prior to consideration of this application a representative of the applicant addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He stated that permission has already been granted for one dwelling on the site. However, the applicant would now like to build two smaller houses on the site. The site would be more suited to two smaller dwellings than one large dwelling. The site could easily accommodate access to both properties).

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

275 02/1169 by Mr G Turner for planning permission to erect a detached 4-bedroom house with integral garage at land off West Street, Hibaldstow.

(Prior to consideration of this application an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He stated that he had no objection in principle to a dwelling on the land in question. The area of concern was the identified access to the dwelling which was unacceptable because it immediately adjoined the gable wall of his house, a listed building, and could affect its stability, and because it was dangerous as there was no advance visibility in one direction).

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

276 02/1177 by Mr D Timmins for planning permission to erect a dwelling and demolish a garage at 9 Pembroke Avenue, Bottesford.

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

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

(i) 02/1149 by Mr and Mrs Taylor for planning permission to erect an extension to dwelling to form ground floor facilities for a disabled occupier at 15 Atkinson Avenue, Brigg.

(ii) 02/1213 by Dr M Ahmad, Ahmadiyya Muslim Association for planning permission to change the use of a dwelling to a place of worship and community facility at 53 Cliff Closes Road, Scunthorpe.

(iii) 02/1222 by Mr & Mrs G Perkins for planning permission to erect a two-storey dwelling including the provision of a new access to highway and the demolition of an existing garage block at The Poplars, Barton Road, Wrawby.

278 (39) APPLICATIONS FOR APPROVAL OF RESERVED MATTERS FOLLOWING THE GRANT OF OUTLINE PERMISSION – The Director of Environment and Public Protection submitted a report informing members of applications for approval of reserved matters which were ready for determination. Outline planning permission had already been granted and the development 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 approval be granted for the following applications in accordance with the recommendations contained in the report.

(i) 01/1556 by Trentport Investments Ltd in respect of Outline Permission 97/0758 granted 08/01/1999 to erect buildings for use for purposes falling within classes B1, B2 and B8 of the Town and Country Planning (Use Classes) Order 1988, to construct a rail link, access road, parking facilities and
associated landscaping at land to the east of Falkland Way, Barton-upon-Humber.

(Prior to consideration of this application an objector and the applicant’s agent addressed the committee in accordance with the provisions of Procedure Rule 36 (e).

The objector claimed that the additional traffic generated by this application would be disastrous to Barton. An additional 1,000 lorries per day would bring Barton to an absolute standstill during peak times. The objector added that it was his understanding that the earlier outline planning permission had expired. Therefore, it was no longer valid.

The applicant stated that the land was already designated for development and his client’s would have no problem adhering to the Section 106 agreement proposed in the report.

The Director of Environment and Public Protection said that the application was valid as it was received before the three-year deadline had expired. The Director also reported on a letter of support to the application stating that the proposed rail link would help ease Barton’s chronic traffic problem. He confirmed that the details of the scheme were acceptable and that the development complied with the terms of the outline permission)

(ii) 02/1180 by Mr LR Long for approval of reserved matters following outline planning permission 1999/0516 dated 13/08/1999 to erect a house, east of High Riddings, Barton Road, Wrawby.

(Note: Prior to consideration of the above item, Minute 277 (ii), Councillor Long having declared a prejudicial personal interest (minute 267) refers), left the room and took no part in the discussion or voting thereon.

279 (40) APPEALS – The Director of Environment and Public Protection submitted a report informing members of the outcome of the following appeal: –

(i) Against the refusal to retain a container for storage of hay and items associated with horses on land to the rear of 19 Westrum Lane, Brigg (Application 01/1525) – Appeal Dismissed

Resolved – That the report be noted

280 (41) 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.