northlincs.gov.uk

Chairman: Councillor Wardle

Venue: Council Chamber, Pittwood House, Scunthorpe

Time: 2pm

AGENDA

1. Substitutions.

2. Declarations of Prejudicial or Non-Prejudicial Personal Interests, and significant contact with Applicants, Objectors or Third Parties (Lobbying), if any.

3. To identify any persons wishing to speak in accordance with Procedure Rule 36 (e).

4. To take the minutes of the meeting held on 15 August 2003 (copy enclosed) as a correct record and authorise the chairman to sign.

PLANNING MATTERS

5. Applications deferred from previous meeting for site visits:-

(i) 2003/0737 by Scawby Under 5’s for the erection of a nursery and out –of –school club at Scawby Primary School, West Street, Scawby.

(ii) 2003/0329 by G Singh Hardy’s Cash and Carry for the erection of a warehouse extension at Hardy’s Cash and Carry, 26 Hebden Road, Scunthorpe.

(iii) 2003/0329 by G Singh for the change of use of part of a warehouse to a potato processing and packing plant with security guard’s accommodation at first floor level, 26 Hebden Road, Scunthorpe.

Reports of applications deferred from previous meeting for site visits.

6. Planning and other applications for determination by the committee.

Reports of planning and other applications for determination by the committee.

7. Applications for approval of Reserved Matters following the grant of Outline Planning Permission.

(i) Regional Planning Guidance (RPG12) Selective Review.

(ii) Consultation Paper on Proposed Changes to Planning Policy Guidance Note 3 Housing.

9. Supplementary Planning Guidance – Trees and Development.

PUBLIC RIGHTS OF WAY MATTERS

10. Legal Event Orders

11. Diversion of Part of Public Footpath 6, Amcotts.

12. Public Footpath 74, Epworth and Haxey.

13. Footpath, The Hollows, Worlaby.

14. Modification of Definitive Map and Statement by adding Public Footpath between Richdale Avenue and Ings Road, Kirton –in –Lindsey.

15. Any other items, which the chair decides are urgent, by reasons of special circumstances which must be specified.

Those appendices to Items 11-14 not published on this site can be viewed at Church Square House, Scunthorpe. Please contact Colin Wilkinson.

Note: Reports are by the Director of Environment and Public Protection unless otherwise stated.

Minutes

PRESENT: – Councillor Wardle in the chair.

Councillors Long (vice-chairman), Appleyard, Bunyan, Ellerby, Holgate, Oldfield, Phillips, Mrs Redfern, Rocks and Whiteley.

Councillors Eckhardt and Smith attended the meeting in accordance with the provisions of Procedure Rule 38 (b).

The committee met at Pittwood House, Scunthorpe.

432 (21) DECLARATIONS OF PREJUDICIAL AND NON-PREJUDICIAL PERSONAL INTERESTS AND DECLARATIONS OF SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) – The following members declared non-prejudicial personal interests –

The following members declared that they had been lobbied –

433 REQUESTS TO SPEAK – PROCEDURE RULE 36(e) – It was reported that twenty requests to speak had been received in accordance with Procedure Rule 36(e). The chairman stated that those speakers who were present would be able to address the committee prior to consideration of the respective applications.

434 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 15August, 2003, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

435 (22) 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.

(i) 03/0737 by Scawby Under 5s for the erection of a nursery and out-of-school club at Scawby Primary School, West Street, Scawby

The Director of Environment and Public Protection reported that discussions had taken place with the applicants who were now proposing to amend the parking and external play space arrangements to avoid damaging the trees on the site. In the circumstances he asked for the application to be deferred.

Resolved – That consideration of this application be deferred.

(ii) 03/0329 by G Singh for the erection of a warehouse extension at Hardy’s Cash & Carry, 26 Hebden Road, Scunthorpe

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

She stated that the proposed extension would block off light to her property. The extension would either be built over a storm water culvert or would encroach upon it. The planned use of the warehouse for processing potatoes would be noisy. A tree on the boundary of the site would be damaged. She also made reference to a “buffer zone” between the industrial estate and houses on Hebden Road.

The Director of Environment and Public Protection reported that members had viewed the site from four different locations and seen the machinery in use.

So far as the buffer – zone was concerned, this had been considered in the past but had not been included in either the Scunthorpe or North Lincolnshire Local Plans.

Resolved – That permission be refused on the grounds that the extension would be an unacceptable visual intrusion for nearby properties, would be an unacceptable extension of industrial use into a residential area and would place two mature trees at risk.

(iii) 03/0708 by Mr Singh for the change of use of part of a warehouse to a potato processing and packing plant with security guard’s accommodation at first floor level at 26 Hebden Road, Scunthorpe.

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

She stated that the use could lead to a risk of vermin. The use had already commenced without the benefit of permission. The proposed condition restricting hours of operation was inadequate. The use was noisy.

The Director of Environment and Public Protection reported that the report submitted to the committee contained a significant factual error. It would not be reasonable to determine the application on the basis of the report. In the circumstances he asked for the application to be deferred.

Resolved – That consideration of this application be deferred to enable an amended report to be submitted.

436(23) 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) 02/1099 by Keigar Homes Ltd for the erection of 11 detached houses with associated access at former Platts Depot, Bigby Road, Brigg.

(ii) 03/0229 by R Dewick & Sons for outline permission to erect 4 dwellings on land between Ings Road and Richdale Avenue, Kirton–in–Lindsey (subject to an additional condition relating to a retaining wall)

(Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He said that the proposed extension would overlook his bedroom and was concerned that inadequate consideration had been given to the height of the retaining wall)

(iii) 03/0590 by Independent Pharmacy Care Centres PLC for the retention of a shop front and an extension to the rear of the shop at 10 Cambridge Avenue. Scunthorpe.

(Prior to consideration of this application an objector and a representative of the applicants addressed the committee.

The objector stated that there had been a history of problems with juveniles in the area. The proposal would provide an area for them to congregate. It would use land currently used for car parking. Refuse was being disposed of in an irresponsible fashion on the site. A neon sign extended over the boundary of an adjacent shop.

The applicants’ representative stated that there was no neon sign proposed. The objection relating to the behaviour of youths was not a valid consideration.

The Director of Environment and Public Protection reported that the issue of refuse disposal was addressed by the proposed condition 2. (The extension was considered to be of a modest size).

(iv) 03/0839 Mr A R Towle for a first floor extension to a dwelling at 37 High Street, Wootton

(v) 03/0877 by Brinkley Homes for the erection of 4 dwellings and the construction of an access road on land adjacent to The Steer Arms, High Street, Belton.

(vi) 03/0880 by Miss J Frear for the removal of an agricultural occupancy condition (condition 1 of GB/466/69) at Manor Bungalow, Coleby, West Halton.

(Prior to consideration of this application a representative of the applicant and an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). The applicant’s representative indicated that the applicant had not been aware of the condition when purchasing the property. She was now unable to sell the property or raise money on it.

The objector referred to the objection by the Parish Council, as summarised in the report and concurred with the content of that objection. He argued that the applicant had not fulfilled the requirement of Policy RD12 of the Local Plan to attempt to sell the dwelling for 12 months prior to making the application.

(vii) 03/0901 by Ms P Coyle for the additional use of the front part of a post office as a coffee house at Bonby Post Office, 58 Main Street, Bonby.

437 02/1555 by Able UK Ltd for the use of land and erection of warehouse and distribution units for port-related purposes on land to the north and north-east of Chase Hill Road, North Killingholme

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

438 02/1838 by Able UK Ltd for the retention of part of site and change of use of part of site from industrial land and farmland to vehicle distribution and storage facility for a temporary period of 3 years on land to the east of Rosper Road, South Killingholme.

The Director of Environment and Public Protection reported that detailed discussions had been taking place with the applicants up to the morning of the meeting. He requested that consideration of the item be deferred to allow the discussions to continue.

Resolved – That consideration of this item be deferred.

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

(i) 03/0287 by Mr B Green for the erection of an extension to the rear of a dwelling to provide facilities for a disabled person at 27 Long Road, Scunthorpe.

(Prior to consideration of this application, a representative of the applicant addressed the committee in accordance with the provisions of Procedure Rule 36 (e). She was the Occupational Therapist responsible for the applicant’s severely disabled son. She explained why the extension was necessary in order for the child to be cared for at home by his parents.)

(ii) 03/0838 by N & A Durdy for the erection of a detached farmhouse at Shawfield Farm, Epworth Road, Haxey

(Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). The applicant stated that there was an existing agricultural use of the site that the applicants were looking to expand.)

(iii) 03/0902 by Davenport Homes Ltd for the erection of 3 houses and garages on site adjacent to the Cross Keys Public House, Top Road, South Killingholme.

(Prior to consideration of this application, one of the applicants addressed the committee in accordance with the provisions of Procedure Rule 36 (e). She stated that one of the proposed dwellings would be too close to her own house and would block light.)

(iv) 03/0987 by Ting Ka Wong for the change of use from retail to restaurant and takeaway including associated alterations at South Killingholme Post Office, Town Street, South Killingholme.

(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 South Killingholme should be regarded as a “local centre” whereby according to the Local Plan, a takeaway could be permitted. Local people and the parish council supported the application. There were no Highways objections.

The Director of Environment and Public Protection reminded members that two previous applications for the same use of the site had been refused. There had been no significant changes in circumstances since then.

440 (24) APPLICATION FOR APPROVAL OF RESERVED MATTERS FOLLOWING THE GRANT OF OUTLINE PERMISSION – 01/1162 relating to Outline Permission 2003/0903 for the erection of houses and garages on site adjacent to the Cross Keys Public House, Top Road, South Killingholme – 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 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 in accordance with the recommendation contained in the report.

441 (25) REGIONAL PLANNING GUIDANCE (RPG12) SELECTIVE REVIEW –Resolved – That the Assistant Director (Planning & Regeneration be authorised to submit comments to the Government Office, following consultation with the Chairman and Vice – Chairman and a representative of the Labour Group.

442 (26) CONSULTATION DOCUMENT ON PROPOSED CHANGES TO PLANNING POLICY GUIDANCE NOTE 3 – HOUSING – Resolved – That consideration of this item be deferred.

443 (27) SUPPLEMENTARY PLANNING GUIDANCE – “TREES AND DEVELOPMENT” – Resolved – That consideration of this item be deferred.

444 (28) LEGAL EVENT ORDERS – Resolved – That consideration of this item be deferred.

445 (29) DIVERSION OF PART OF PUBLIC FOOTPATH 6, AMCOTTS – Resolved – That it be noted that the application for this diversion has been withdrawn.

446 (30) PUBLIC FOOTPATH 74, EPWORTH AND HAXEY – Prior to consideration of this application, a representative of objectors addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He stated that there were a number of issues that had not been addressed in relation to the order and that the requirements of Section 119 of the Highways Act 1980 had not been fully complied with. He drew members’ attention to submissions contained in Appendix 13 to the report.

Copies of the letters of objection and other relevant documents were appended to the report submitted by the Director of Environment and Public Protection.

The Director of Environment and Public Protection reminded members that, further to Minute 309, an order had been made and advertised. Since a number of objections had been received the council could not confirm the order but would need to submit it to the Secretary of State who would decide whether to confirm the order following either submission of written representations, or more likely a public inquiry.

The Director further advised members that there had been no change in circumstances since the order had been made. Consequently, it was reasonable to ask the Secretary of State to confirm the order in the interests of the owner or occupier of the land over which the path ran. If the council decided not to send the order to the Secretary of State, the cost of making and advertising the order which had been paid by the applicant would have to be returned to him.

Members nevertheless felt that the order should not be confirmed, since objections to it remained. It was pointed out that the applicant had known about the footpath when he purchased the land. Many local residents objected to the diversion and, after listening to the speaker, it was felt that the case for the diversion had not been made.

Recommended to Council – That the council does not pursue confirmation of the order.

447 (31) FOOTPATH, THE HOLLOWS, WORLABY – The Director of Environment and Public Protection submitted a reportseeking approval to make a Modification Order to add a 190 metre long footpath to the Definitive Map.

The council, as a highway authority, had a duty to keep the definitive maps and statements for its area up to date and to amend the plan when evidence was received that, for example, a public right of way existed that was not recorded. On this occasion an application had been received from Worlaby Parish Council to add the path. This had been supported by 55 evidence forms. There had only been one objector to the claim, the current owner of the site. However, he had not provided any evidence to rebut the claim.

Recommended to Council –(a) That an order be made under section 53 of the Wildlife and Countryside Act 1981 to modify the definitive map and statement by adding a public footpath between The Hill and World Road, Worlaby, in accordance with the route indicated in Appendix 1 to the report; (b) that if no objections are duly served following advertisement of the order, the Head of Planning and Regeneration be authorised to confirm the order, and (c) if objections are duly served and are not withdrawn, a further report be submitted to the committee before further action is taken.

448 (32) MODIFICATION OF DEFINITIVE MAP AND STATEMENT –RICHDALE AVENUE/INGS ROAD, KIRTON –IN –LINDSEY – The Director of Environment and Public Protection submitted a report seeking authority to add a footpath to the definitive map and statement. The council, as a highway authority, had a duty to keep the definitive maps and statements for its area up to date and to amend the plan when evidence was received that, for example, a public right of way existed that was not recorded. On this occasion 34 evidence forms had been received claiming the existence of a footpath between Richdale Avenue and Ings Road, Kirton–in–Lindsey.

The evidence forms had been prompted by the submission of a planning application for the land over which the path crossed (Minute 436 (ii) above refers), which made no allowance for a footpath link between the two roads.

Recommended to Council – (a) That an order be made under section 53 of the Wildlife and Countryside Act 1981 to modify the definitive map and statement by adding a public footpath between Richdale Avenue and Ings Road, Kirton–in–Lindsey, in accordance with the route indicated in plans appended to the report; (b) that if no objections are duly served following advertisement of the order, the Head of Planning and Regeneration be authorised to confirm the order, and (c) if objections are duly served and are not withdrawn, a further report be submitted to the committee before further action is taken.