Planning Committee – 27 April 2005

Chairman: Councillor Wardle
Time: 2pm
Venue: Council Chamber, Pittwood House, Scunthorpe
AGENDA

1. Substitutions.

2. Declarations of Personal and Personal and Prejudicial Interests, significant contact with applicants, objectors or third parties (Lobbying) and Whipping Arrangements (if any).

3. To take the minutes of the meeting held on 31 March 2005 as a correct record and authorise the chairman to sign.

4. Applications deferred from previous meeting for site visits.

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

6. Enforcement Update.

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

Note: Reports are by the Head of Planning and Regeneration unless otherwise stated.

Minutes

PRESENT: –Councillor Wardle (Chairman).

Councillors Long (Vice – Chairman), Bunyan, Deas, Eckhardt, England, Fordham, Grant, Kirk, Whiteley and Wood.

Councillors Holgate, Muir and Smith attended the meeting in accordance with the provisions of Procedure Rule 37 (b).

The committee met at Pittwood House, Scunthorpe.

688  DECLARATIONS OF PERSONAL AND PERSONAL AND PREJUDICIAL INTERESTS, SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) AND WHIPPING ARRANGEMENTS (IF ANY) – The following members declared personal and prejudicial interests as follows: –

Member(s) Minute Application Nature of Interest
Councillors Bunyan, England, Long and Wood

690 (iii)

04/2237

Knew Landowner
Councillor Eckhardt

690 (iii)

04/2237

Friend of applicant and landowner
Councillor Bunyan

691 (vi)

05/0233

Friend of applicant
Councillor England

691(xvi)

05/0359

Knew applicant

The following members declared personal interests as follows

Member(s)
Minute
Application
Nature of Interest
Councillor England 691 (v) 04/2149 Knew the former landowner and a member of Messingham Parish Council
Councillors Grant and Whiteley 691(xvi) 691(xxix) 05/0359 05/0287 Members of Bottesford Town Council
Councillor Grant 690(iv) 04/2225 Knew Applicant
Councillor Wardle 691(i) 03/0696 Knew the late Mr Kirkby
Councilllor Wardle 690 (iii) 04/2237 Knew landowner
Councillor Wardle 691(xx) 05/0297 Knew objector and landowner
Councillors England, Long, Wardle and Wood 691 (vi) 05/0233 Political colleague of applicant

The following member declared that he had been lobbied: –

Member
Application
Lobbied By
Councillor Wood 04/2149 Objectors

Mr M Welton, Business Manager (Development Control) declared non – pecuniary interests in the following applications

Application
Nature of Interest
04/2255 Uncle was a member of the applicant club
04/2270 Knew the objectors
05/0287 Knew the objectors

He would withdraw from the meeting during consideration of 04/2270 and 05/0287 as in those cases he considered that the interest was clear and substantial.

There was no whip declared.

689 MINUTESResolved – That the minutes of the proceedings of the meeting held on 31 March, 2005, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

690 (100) APPLICATIONS DEFERRED FROM PREVIOUS MEETING FOR SITE VISITS – In accordance with the decisions at the previous meeting, members had undertaken site visits earlier in the day. The Head of Planning and Regeneration submitted reports and updated them orally.

(i) 04/1198 by Mr K Hutton for the erection of an extension to a cattery at Owl Cottage, Woods Lane, South Killingholme

Prior to consideration of this application, an objector and a representative of the applicant addressed the committee in accordance with the provisions of Procedure Rule 35(e).

The objector was concerned that the development would lead to a loss of visual amenity. There was insufficient parking and turning space for vehicles on Woods Lane which had a blind bend. The development would cause noise nuisance and disturbance to neighbours. There were some houses now at the rear of the site that were not shown on the plan included with the report. The proposal would constitute over -intensive development of the site.

The applicant’s representative stated that his client had complied with all the requirements of the officers. There was a local demand for a short stay facility. The proposal would not attract a large number of visitors, and visits would normally be made during the normal working day. There was adequate space for car parking.

Resolved – That permission be granted in accordance with the recommendation contained in the report.

(ii) 04/2193 by Mr P Brown for the demolition of an existing bungalow and construction of 2 new dwellings at 41 Station Road, Epworth

Resolved – That permission be granted in accordance with the recommendation contained in the report.

(Note: Prior to consideration of the following application, 04/2237, Councillors Bunyan, Eckhardt, England, Long and Wood, having declared a personal and prejudicial interest in the matter, left the meeting and took no part in the consideration of or voting on the application)

(iii) 04/2237 by Mr D Pollard for the continued use of land as a training facility for plant and machinery operatives and to site 3 portable cabins for use as a mess room and toilets (resubmission of 2004/1157) on land rear of Hollytree Farm, Sandtoft Road, Epworth

Prior to consideration of this application, a representative of the applicant addressed the committee in accordance with the provisions of Procedure Rule 35(e). He stated that the applicant had co-operated with the council to clear the site and its surroundings of debris, including some left by the former Humberside County Council’s Highways Department. There was an existing lawful use of the site for storage.

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

(Councillors Bunyan, Eckhardt, England, Long and Wood returned to the meeting at this point).

(iv) 04/2255 by Holme Hall Golf Club for the construction of new entrance walls to golf course and erection of a half-way house at Holme Hall Golf Club, Holme Lane, Holme

Prior to consideration of this application, an objector and a representative of the applicants addressed the committee in accordance with the provisions of Procedure Rule 35(e).

The objector was concerned that the “stinger” and telescopic bollard would cause a noise nuisance and that there would be traffic movements late at night.

The applicant’s representative stated that the proposal was intended to make the club safer for the club’s members. There had been instances of their cars being broken into in the past. The stinger would be dampened. The telescopic bollard would be left down on nights when functions were taking place.

Resolved – That permission be granted in accordance with the recommendation contained in the report.

691 (101) PLANNING APPLICATIONS – The Head of Planning and Regeneration 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.

(i) 03/0696 by Trustees of the Will – Laurence Kirkby for outline permission for residential development on land west of Tofts Road and north of Horkstow Road, Barton-upon–Humber

Prior to consideration of this application, a representative of the applicants addressed the committee in accordance with the provisions of Procedure Rule 35(e). He stated that the application was the result of lengthy consultation with the council’s officers. The applicants would be happy to enter into the proposed Section 106 Agreement.

Resolved – (a) That the committee is mindful to grant permission for thedevelopment; (b) that the Head of Planning and Regeneration be authorised to grant permission subject to the completion of a formal agreement under Section 106 of the Town and Country Planning Act 1990 providing for a commuted sum in accordance with the SPG on education contributions towards improving educational facilities in Barton – upon – Humber, and to the conditions set out in the report and to an additional condition as requested by the Archaeology Unit, and (c) that if the obligation is not completed by 31 October 2005 the Head of Planning and Regeneration be authorised to refuse the application on grounds of non-compliance with policy C1 of the North Lincolnshire Local Plan and SPG8 (Developer Contributions to Schools).

(ii) 04/1310 by Keigar Homes Ltd for outline permission for the erection of dwellings (access not reserved for subsequent approval) on land at Brat Hill Farm, off Staindale Road and Crowberry Drive, Scunthorpe.

Resolved – (a) That the committee is mindful to grant permission for thedevelopment; (b) that the Head of Planning and Regeneration be authorised to grant permission subject to the completion of a formal agreement under Section 106 of the Town and Country Planning Act 1990 providing for (i) a commuted sum in accordance with the SPG on education contributions towards the provision of a new primary school and (ii) for a contribution towards air quality monitoring equipment/resources necessitated and required as a result of the development (not necessarily within the application confines) and to the conditions set out in the report and (c) that if the obligation is not completed by 31 October 2005 the Head of Planning and Regeneration be authorised to refuse the application on the grounds that the development does not comply with council policies relating to education contributions and the resolution of this committee to require contributions towards the provision of air quality monitoring equipment.

(iii) 04/1888 by Manor Homes (Yorkshire) Ltd for the erection of 41 apartments and 10 semi – detached bungalows for the elderly in association with the approved nursing home on land off Lakeside Parkway, Scunthorpe.

Resolved – (a) That the committee is mindful to grant permission for thedevelopment; (b) that the Head of Planning and Regeneration be authorised to grant permission subject to the completion of a formal agreement under Section 106 of the Town and Country Planning Act 1990 providing for a contribution towards air quality monitoring equipment required as a result of the development (not necessarily within the application confines) and restricting the occupation of the units to the elderly and those in need of nursing care and to the conditions set out in the report and (c) that if the obligation is not completed by 31 October 2005 the Head of Planning and Regeneration be authorised to refuse the application on the grounds of the unwillingness of the applicants to enter into an agreement to secure a sum of money to enable the council to properly understand the Environment Agency’s and North Lincolnshire Council’s Environment Protection Unit’s concerns relating to air quality in the area.

(iv) 04/2134 by North Lincolnshire Council for outline permission for the erection of one detached dwelling (access not reserved for subsequent approval) on land south of 36 Burnham Road, Epworth

Resolved – That permission be granted in accordance with the recommendation contained in the report.

(v) 04/2149 by Chartdale Homes Ltd for the erection of residential development consisting of 45 units, associated garages and public open space on land off The Meadows, Messingham

Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 35(e). He referred to a petition submitted by objectors. He considered that the proposal would be of much greater density than its surroundings and would be out of character. It would affect the privacy of existing nearby dwellings. Local schools were full and the contribution to be required from the developer would not be adequate to address this. The development would exacerbate existing problems with sewers.

Members were keen to see the nature of surrounding development in order to assess whether the proposal would be consistent with policy H1 of the local plan.

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting.

(Note: Prior to consideration of the following application, 05/0233, Councillor Bunyan, having declared a personal and prejudicial interest in the matter, left the meeting and took no part in the consideration of or voting on the application. Councillor Eckhardt declared a personal interest in the matter as a colleague of the applicant).

(vi) 05/0233 by Councillor D R Wells for the erection of an agricultural machinery store at 21 Kings Road, Barnetby

Resolved – That permission be granted in accordance with the recommendation contained in the report.

(Councillor Bunyan returned to the meeting at this point).

(vii) 05/0235 by Avondale Park Homes for the change of use of part of a site to a mobile home park at Barton Broads, Maltkiln, Barton-upon–Humber.

Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 35(e). He stated that his property shared a 200 foot boundary with the site. The proposal would interfere with his privacy. There was a risk of flooding as his property was 2 ½ feet below the application site.

Resolved – That permission be granted in accordance with the recommendation contained in the report.

(viii) 05/0239 by Mr and Mrs I Wright for the rebuilding of an existing bungalow to form a two-storey dwelling and erection of a garage at 39 Westgate Road, Belton.

Prior to consideration of this application, an objector and a representative of the applicant addressed the committee in accordance with the provisions of Procedure Rule 35(e).

The objector believed tbat the proposal would constitute over – development of the site and would be contrary to policies DS1 and DS5 of the North Lincolnshire Local Plan. His own property was not shown correctly on the plan accompanying the report.

The applicant’s representative stated that a precedent for two -storey development had been set. The application resulted from long discussions with officers of the council. There was a mix of bungalows and houses in the area.

Resolved – That permission be granted in accordance with the recommendation contained in the report.

(ix) 05/0269 by Westlands Working Men’s Club for the carrying out of alterations including a revised fire exit and new ramped access to main entrance at Westlands Working Men’s Club, Todds Lane, High Street, Burton – upon – Stather

Resolved – That permission be granted in accordance with the recommendation contained in the report.

(x) 05/0297 by Orange Personal Communications Services Ltd for the erection of a 20m high type A column supporting 3 polar antennas and 2 transmission dishes, and 6 equipment cabinets within a fenced compound at Vicarage Farm, Clarkes Road, North Killingholme.

Prior to consideration of this application, an objector and a representative of the applicants addressed the committee in accordance with the provisions of Procedure Rule 35(e).

The agent stated that the site had been chosen because of its central location within an area with deficient coverage. It would link into the network. It would be screened from neighbours by large mature trees. It would be located amongst existing farm buildings and would therefore not be visually intrusive. The proposal conformed with all national and local policies.

The objector stated that the mast would be unnecessary. There was an existing mast nearby that could be extended. The site was within ¼ mile of the village green. Young children lived nearby. The mast would be twice the height of other masts in the area. There were other more suitable sites nearby.

Resolved – That permission be granted in accordance with the recommendation contained in the report.

(xi) 05/0299 by Mr G Blair for the change of use of land for the stationing of mobile homes as an extension to existing mobile home park on land adjoining Charnwood Caravan Park, Ferry Road West, Flixborough

Prior to consideration of this application, the applicant and an objector addressed the committee in accordance with the provisions of Procedure Rule 35 (e).

The applicant stated that the application had been made to enable him to comply with the terms of his site licence. The sewerage/drainage system was adequate to cope with both the existing site and the proposed development.

The objector referred to copyright issues. The committee was advised that these were not relevant planning considerations.

Resolved – That permission be granted in accordance with the recommendation contained in the report.

(xii) 05/0304 by Ms P Smith for the continued use of part of a residential curtilage for the parking of an eight passenger mini-bus for use as a private hire vehicle (resubmission of 2004/2053 -withdrawn)

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to additional conditions making the permission temporary for a period of three years and personal to the applicant.

(xiii) 05/0341 by Mr and Mrs M Ford for the erection of a two-storey extension at 61 Lockwood Bank, Epworth

Prior to consideration of this application, one of the applicants addressed the committee in accordance with the provisions of Procedure Rule 35 (e). He stated that he wished to add a family dining room and extend the first floor to create an en-suite bathroom. This would allow the applicants to care for an elderly parent. The proposal would not have any adverse effect on his neighbours. Planning policies had been adhered to.

Resolved – That permission be granted in accordance with the recommendation contained in the report.

(xiv) 05/0346 by Mrs M Emberlin for the change of use of a dwelling to a mixed use of a dwelling and counselling office at Highfield House, 92 Messingham Lane, Greetwell, Scawby.

Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 35 (e). She was concerned that the proposal could expose local people to persons with mental health problems who could intimidate them. It could affect property values and breach a covenant on the property.

The Head of Planning and Regeneration reminded the committee that the effect on property values and the question of any covenant were not relevant planning considerations. The relevant policy was DS4 of the local plan. There was already a mix of residential and business uses in the vicinity.

Resolved – That permission be granted in accordance with the recommendation contained in the report.

(xv) 05/0359 by Mr and Mrs P A Woodrow for the erection of a bungalow and garage (resubmisison 0f 04/0160,refused 30/3/04) at 10 Emmanuel Drive, Bottesford.

Prior to consideration of this application, the applicant’s agent and an objector addressed the committee in accordance with the provisions of Procedure Rule 35 (e). The agent stated that the proposed bungalow would be for the use and occupation by the applicants. The applicants had previously been advised that the only issue was that of access. This had now been improved. The plan accompanying the report was incorrect as the site was approximately 30 per cent larger than shown. There were no primary windows on the side of the house facing the site.

The Head of Planning and Regeneration accepted that there was an error on the plan. There was space for one plot. However this would constitute tandem development.

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting.

(xvi) 05/0366 by Fallas Fielding Ltd for the erection of a house and a garage (partly under construction)(resubmission of 2004/2274, refused 10/02/05) on Plot3 Richdale Avenue, Kirton- in-Lindsey

Resolved – That it be noted that this application has been withdrawn

(xvii) 05/0405 by Mr and Mrs T Watson for the continued ue of land to provide holiday parking at Blink Bonney & Joriteli, Grimsby Road, Kirmington

Prior to consideration of this application, one of the applicants addressed the committee in accordance with the provisions of Procedure Rule 35 (e).

Moved by Councillor Eckhardt and seconded by Councillor Deas–

That permission be granted

Motion Lost

Moved by Councillor Kirk and seconded by Councillor Fordham –

That permission be refused in accordance with the recommendation contained in the report.

Motion Carried

(Note: Mr M Welton, having declared an interest in the following applications, 04/2270 and 05/0287, left the meeting at this point)

(xviii) 04/2270 by Mr S and Mrs K Hame for the erection of a detached garage at 12 Malvern Road, Scunthorpe

Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 35 (e). He was concerned that the proposal would result in the loss of a 5 metre high mature hedgerow. Plants were currently grown on site and sold from the forecourt of the existing garage. This use would transfer to the front of the site and escalate if the proposal was granted.

The Head of Planning and Regeneration advised that the first issue raised by the objector was a civil matter. The hedgerow was not protected under the Hedgerow Regulations. The second matter was pure speculation.

Resolved – That permission be granted in accordance with the recommendation contained in the report.

(xix) 05/0287 by Mr and Mrs P Brown for the erection of an extension and garage, including demolition of an existing garage at 186 Bottesford Lane, Bottesford

Resolved – That permission be granted in accordance with the recommendation contained in the report.

692 (102) ENFORCEMENT UPDATE – The Head of Planning and Regeneration submitted a schedule giving details of progress in respect of matters on which he had taken enforcement action under delegated authority.

Resolved – That the report be noted.