Planning Committee – 3 November 2004

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

AGENDA

1. Substitutions.

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

3. To take the minutes of the meeting held on 6 October as a correct record and authorise the chairman to sign.

PLANNING MATTERS

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

(i) 04/0399 by W H Strawson Farm Ltd for the conversion of barns to six dwellings at Lodge Farm, Clapp Gate, Appleby

(ii) 04/1353 by Mrs E Wilson for the demolition of a cottage and erection of a replacement dwelling, and povision of car parking at The Cottage, Old Mill Lane, Whitton.

(iii) 04/1397 by Mr M Masterson for the erection of a two -storey extension (re – submission of 2004/0301) at 28 Holme Lane, Bottesford.

(iv) 04/1347 by Robert C Kilner for the erection of a two-storey side extension with dormer window to serve additional accomodation in the roof at 1a Hollingsworth Lane, Epworth.

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

6. Appeals.

7. Enforcement Update.

8. Statistics of Planning Applications – July -September, 2004

PUBLIC RIGHTS OF WAY MATTERS

9. Proposed Closure and Creation of Footpath 214, Appleby and Broughton.

10. Proposed Diversion of Public Footpath 62, Goxhill.

11. Claimed Public Right of Way, Church Town, Belton.

12. Public Rights of Way – Appeals.

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

Note: Extracts from the relevant legislation in respect of Items 9 – 11 are available upon request.

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

Minutes

PRESENT: – Councillor Long (Vice – Chairman in the chair).

Councillors) Bunyan, Ellerby, England, Fordham, Glover, Grant, Holgate, Kirk, Whiteley and Wood.

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

The committee met at Pittwood House, Scunthorpe.

619 DECLARATIONS OF PERSONAL AND PERSONAL AND PREJUDICIAL INTERESTS AND DECLARATIONS OF SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) –The following members declared personal interests as follows: –

Member
Minute
Application
Nature of Interest
Councillors Bunyan, England, Glover, Holgate, Long and Wood 622 (ii) 04/0781 Knew Applicant
Councillors Bunyan, England,Glover, Holgate Long, Rowson, Smith and Wood 621 (ii) 04/1353 Knew Applicant
Councillors Grant and Whiteley 621 (iii)622 (xxii)622(xxiii)622 (xxv)622 (xvi)622(xviii) 04/1397
04/1610
04/1623
04/1683
04/1686
04/1687
Member of Bottesford Town Council
Councillor Ellerby 622(ix)
622(x)
04/1225
04/1302
Member of Kirton – in – Lindsey Town Council
Councillor England 622(iv) 04/1347 Knew Applicant
Councillor Grant 622((v) 04/0968 Former employee of applicant company
Councillors Long and Wood (621 (i) 04/0399 Knew Applicant
Councillor Wood 622 (xix) 04/1515 Knew Applicant

Councillor Kirk declared a personal and prejudicial interest in application 04/0781 (Minute 622(ii) refers) as he had made a complaint against the applicant to the Standards Board for England.

The following member declared that he had been lobbied –

Member
Application
Lobbied By
Councillor Holgate 04/1504 Applicant

620 MINUTESResolved – That the minutes of the proceedings of the meeting held on 6 October, 2004, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

621 (46) APPLICATIONS DEFERRED FROM PREVIOUS MEETING – In accordance with the decisions at the previous meeting, members had undertaken a site visit earlier in the day. The Head of Planning and Regeneration submitted reports and updated them orally.

(i) 04/0399 by W H Strawson Farm Ltd for the conversion of barns to 6 dwellings at Lodge Farm, Clapp Gate, Appleby.

Prior to consideration of this application, a representative of the applicants addressed the committee in accordance with the provisions of Procedure Rule 35 (e). She reiterated her comments made at the previous meeting (Minute 616 (i) refers). She also stated that she believed that the issues raised by officers had been addressed.

The Head of Planning and Regeneration reported a late letter of support for the application which stated that there was no need to market the site for commercial use as this was not a viable option.

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

(ii) 04/1353 by Mrs E Wilson for the demolition of a cottage and the erection of a replacement dwelling and the provision of car parking at The Cottage, Old Mill Lane, Whitton

Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 35 (e). She had several concerns. The issue of the gap between the proposed dwelling and the objectors’ property which had been raised at the previous meeting (Minute 616 (vii) refers) had now been addressed. However the objector was still concerned at the effect that building works could have next to her own, old property. She also felt that the height of the proposed roof would be out of proportion with its setting.

The Head of Planning and Regeneration stated that the issues raised by the objector were addressed in his report.

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

(iii) 04/1397 by Mr M Masterson for the erection of a two -storey extension (re-submission of 2004/0301) at 28 Holme Lane, Bottesford

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

(iv) 04/1347 by Robert C Kilner for the erection of a two-storey side extension with dormer window to serve additional accommodation in the roof at 1a Hollingsworth Lane, 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). She referred to the objection on the basis of the loss of light to the objector’s property and stated that the proposed extension would only cast a shadow around the time of sunset. She was happy with the conditions proposed.

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

622 (47) 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) 04/0262 by Birchwood Developments Ltd. for the erection of 9 dwellings on land between Dam Road and West Acridge, Barton – upon – Humber

Resolved – That the amendment be agreed.

(Prior to the consideration of the following item (Minute 622 (ii)), Councillor Kirk, having declared a personal and prejudicial interest in the matter left the meeting.)

(ii) 04/0781 by Mr D M Stewart for the removal of a personal condition (2) of permission 2/156/94 dated 3 June 1994 at Holly Tree Farm, Sandtoft Road, Epworth

The Head of Planning and Regeneration informed the committee of an error in his report. One of the grounds of objection was not a material planning consideration and should be disregarded

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

(Councillor Kirk returned to the meeting at this point)

(iii) 04/0927 by Yorkshire Waste Management for the change of use of a former public house to offices at Market Tavern, Market Place, Crowle

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to the correction of the reason attached to condition 2 by the replacement of “DS4” by “S5”.

(iv) 04/0957 by Mr S Burton for the construction of a new vehicular access to a dwelling at 33 High Street, Haxey.

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

(v) 04/0968 by Corus UK Ltd for the amendment of conditions of planning permission 2003/1422 dated 29/03/2004 namely conditions 3 and 4 to allow 12 months from the date of consent to submit a scheme for the disposal of surface and foul water; condition 6 to remove the current sand extraction area from the area of archaeological potential; and condition 9 to allow unrestricted hours and days of operation for the disposal of slag and waste and restrict the hours of operation for quarrying and landfilling to 6.00 am-6.00 pm with no restriction on days of working at Yarborough Quarry, Yarborough Road, Corus Scunthorpe Works, Scunthorpe

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

(vi) 04/1009 by Mr D V Pearson for a certificate of lawfulness for the existing use of quad biking on Field No. 7638, Graizelound, Haxey

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, apart from the other speaker, there had been no objections to the application. The use had existed for thirteen years. The field was used about once a fortnight by a small group of people.

The objector owned a farm at the end of the lane used to access the field and was concerned that the access to the site was inadequate for the use in question. The Head of Legal and Democratic Services explained that the only issue was whether the use had been continuous for more than ten years.

Resolved – That a certificate of lawful development for the use for quad biking be granted.

(vii) 04/1191 by Mrs B Spencer for the change of use of a garage and roof void to elderly person’s accommodation at Tanyard, 67a Station Road, Epworth

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

(viii) 04/1209 by Mr B Meakin for the erection of 3 dwellings including the demolition of existing dwelling at Imphal, High Street, Wroot.

Prior to consideration of this application, an objector and the applicant addressed the committee in accordance with the provisions of Procedure Rule 35 (e). The objector stated that Wroot was defined as a minimum growth settlement in the Local Plan. There was no need for the dwellings as there were already houses for sale in the village. No consideration had been given to the question of pedestrian safety. Children and elderly people walked down the High Street and there were two sharp bends in the road. The development would set a precedent.

The applicant stated that the site was currently occupied by a bungalow erected in the 1960’s. This was now out of character with its surroundings.

The Head of Planning and Regeneration stated that the site was wholly within the development limit. It was a brownfield site and the council was under a duty to make the best use of such land. The development met all of the government’s “tests” for such proposals. He assured the committee that the Highways Team always took the issue of pedestrian safety very seriously.

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

(ix) 04/1225 by Fallas Fielding Ltd. for the erection of a detached bungalow on Plot 1, Richdale Avenue, Kirton – in – Lindsey

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

(x) 04/1302 by N E Hird for the making of alterations to an existing disused house to form two smaller houses at Northcliff Farm, North Cliff Road, Kirton – in -Lindsey

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

(xi) 04/1316 by Mr Ting Ka Wong for the variation of condition 2 of planning permission 2003/0987 to allow opening on Sundays and Bank Holidays at The Village Takeaway, Town Street, South Killingholme

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

(xii) 04/1341 by Mrs P Baldwin for the change of use of a former railway station building to holiday accommodation on land to the rear of Baraca, King Edward Street, Belton

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

(xiii) 04/1430 by Mr I Ward for the retention of a static caravan for use as an office for an 18 month period whilst approved works to renovate farm buildings into offices take place (re-submission of 2004/0216) at Mill Farm, Ermine Street, Appleby

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

(xiv) 04/1443 for the change of use of existing farm buildings into stores and workshops at Mill Farm, Ermine Street, Appleby

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

(xv) 04/1457 by Mr R Raby for the erection of an extension at 6 Kings Avenue, Brigg

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

(xvi) 04/1498 by Mr G Blanchard for the retention of a single-storey extension to a dwelling at 19 School Road, Winteringham

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 extension caused a loss of light to his own property and had led to a depreciation in the value of that property.

The Head of Planning and Regeneration stated that the application did not meet the criteria set out in SPG1. If the application were refused steps would be taken towards enforcement action.

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

(xvii) 04/1504 by Mr W McClean for the erection of a bungalow and garage (siting and means of access not reserved for subsequent approval) on land adjacent to 3 Shepherds Croft, Epworth

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

(xviii) 04/1510 by Goxhill Memorial Hall and Bowling Club for the siting of a steel storage container at Goxhill Memorial Hall and Bowling Club, Manor Lane, Goxhill

The Head of Planning and Regeneration informed the committee of a late representation in respect of this application and advised that the matters raised were not material planning considerations.

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to an additional condition requiring the container to be painted and finished in accordance with the scheme to be approved under condition 2 within 3 months of the details being agreed.

(xix) 04/1515 by Mr J A Lindley for outline permission to erect a detached dwelling at Manor Farm, Main Road, Gunthorpe, Owston Ferry.

Prior to consideration of this application, the applicant’s agent addressed the committee in accordance with the provisions of Procedure Rule 35 (e). She stated that there had been a dwelling on the site until four years ago. The applicants had demolished the housing believing that a replacement would be permitted. Parts of the earlier dwelling were still present.

The Head of Planning and Regeneration stated that the proposal was not a replacement dwelling and needed to be assessed as development in the open countryside. As such it was contrary to the Local Plan.

Members, however, did not regard the site as being in open countryside. They considered that it should be treated as an exceptional case as it was a brownfield site, an infill plot and would fit well into the street scene. The application accorded with Policy H3 of the Plan.

Resolved – That permission be granted subject to standard outline conditions.

(xx) 04/1536 by Mr R Bassendale for the erection of one pair of semi-detached houses at 31 Low Street, Haxey.

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

The objector stated that the proposal would significantly alter the character of the village. It would constitute tandem development and would overlook her property from the dormer windows. The development would create additional traffic causing nuisance and danger to children. The existing house on the site should be refurbished.

The applicant’s agent stated that there had been an earlier application for two dwellings on the site. This had been refused on the grounds that it would constitute tandem development. It was now proposed to remove the existing house on the site and site the houses further forward. The applicant was prepared to move the rear velux windows. The proposal would not create significant additional traffic.

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

(xxi) 04/1554 by Mr and Mrs Harrison for the retention of a mobile home with ancillary outbuildings at Frog Hall, Bagsby Road, Owston Ferry.

Prior to consideration of this application, a representative of the applicants addressed the committee in accordance with the provisions of Procedure Rule 35 (e). She stated that the applicants were an asset to the village. They had been misled. She welcomed the recommendation.

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

(xxii) 04/1610 by Royal Mail for the installation of a Royal Mail pouch box opposite 62 Cambridge Avenue , Bottesford.

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

(xxiii) 04/1623 by Royal Mail for the installation of a Royal Mail pouch box adjacent to 1 Valley View Drive, Bottesford

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

(xxiv) 04/1629 by Royal Mail for the installation of a Royal Mail pouch box opposite Chamomile Close, Crowberry Drive, Scunthorpe

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

(xxv) 04/1683 by Royal Mail for the installation of a Royal Mail pouch box adjacent to 201 Bottesford Lane, Caistor Avenue, Bottesford.

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

(xxvi) 04/1686 by Royal Mail for the installation of a Royal Mail pouch box adjacent to 42 Cambridge Avenue, Jacklins Approach, Bottesford

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

(xxvii) 04/1687 by Royal Mail for the installation of a Royal Mail pouch box adjacent to 32 Silver Birch Rise and Bottesford Lane, Bottesford

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

(xxviii) 04/1696 by R Buss for the conversion of an existing garage into living accommodation and erection of a first floor extension above at 52 Fulbeck Road, Scunthorpe.

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

(xxix) 04/1734 by Mr J A Lindley for the change of use of barns to a dwelling at Manor Farm, Gunthorpe.

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

623 (48) APPEALS – The Head of Planning and Regeneration submitted a report on the outcome of the following appeals.

Reference
Details
Decision
2003/1597 Planning permission for change of use from industrial unit to martial arts training club at Unit 2F, Roxby Road Industrial Estate, Winterton Appeal dismissed
2003/1686 Planning permission to erect an extension to an existing cottage to form a detached house – Sexton’s Cottage, Eye George Road,
Manton
Appeal dismissed
2003/1700 Outline planning permission to erect four dwellings and create a new access to 8, 10 & 12 Green Lane – land adjacent to nos. 8, 10 & 12 Green Lane, Barton Appeal dismissed
2003/1779 Planning permission to erect a conservatory at 8 Stovin Crescent, Winterton Appeal dismissed

Resolved– That the report be noted.

(Prior to consideration of the following item (Minute 624), Councillor Wood declared a personal interest in the item in relation to 19 Wrawby Street, Brigg as his daughter and son -in -law occupied adjacent business premises.)

624 (49) ENFORCEMENT UPDATE – The Head of Planning and Regeneration 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.

625 (50) STATISTICS OF PLANNING APPLICATIONS – JULY – SEPTEMBER 2004 -The Head of Planning and Regeneration submitted a report informing members of the council’s performance in handling planning applications in the third quarter of 2004. There had been a significant improvement in overall performance in the last two quarters of the year.

Resolved – (a) That the report be noted, and (b) that the Development Team be thanked for their significant improvement in performance level over the last year compared to 2002/2003.

626 (51) PROPOSED CLOSURE OF FOOTPATH 214, APPLEBY AND BROUGHTON – The Head of Planning and Regeneration submitted a report seeking approval to close part of Public Footpath 214 Broughton and create a new footpath in its stead.

The current footpath crossed land which was being mined by Yarborough Quarry close to the eastern perimeter of Scunthorpe Steelworks.

Although a proposal to divert this path had been made by Glanford Borough Council in 1973, there was no accompanying paperwork. Therefore the route remained as passing over expanding works relating to mining.

The new route would enable the footpath to be open and usable. The existing and proposed routes were shown on an appendix to the rport.

The views of the relevant bodies had been sought and none had indicated an intention to object were the closure and creation orders to be made as proposed

Resolved – (a) That two orders be made in accordance with the proposals set out in the report, (b) that the Head of Planning and Regeneration be authorised to confirm the two orders if they are unopposed; (c) that a further two orders to be made under the Wildlife and Countryside Act 1981 to modify the County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement, and (d) that a further report be submitted to the committee if objections to the orders are received and are not withdrawn.

627 (52) PROPOSED DIVERSION OF PUBLIC FOOTPATH 62, GOXHILL – The Head of Planning and Regeneration submitted a report seeking approval to divert Public Footpath 62, Goxhill.

The footpath had been obstructed for many years and from well before the creation of North Lincolnshire Council.

Although an order intended to divert part of the path had been made by Glanford Borough Council in 1978 this was considered to be invalid because the route depicted did not coincide with the correct line of the footpath; and certain works specified within the order upon which its coming into operation were dependent had not been carried out.

The new route would provide a safer route to the primary school than North End and a safer alternative route to North End in general and a public footpath that has been obstructed for many years would be re-established.

Moreover reinstatement of the footpath was unrealistic, given that it passed through a dwelling and Goxhill Primary School.

The views of the relevant bodies had been sought and none had indicated an intention to object to an order being made as proposed

Resolved – (a) That an order be made in accordance with the proposals set out in the report, (b) that the Head of Planning and Regeneration be authorised to confirm the order if it is unopposed; (c) that a further order be made under the Wildlife and Countryside Act 1981 to modify the County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement, and (d) that a further report be submitted to the committee if objections to the order are received and are not withdrawn.

628 (53) CLAIMED PUBLIC RIGHT OF WAY, CHURCH TOWN, BELTON – Further to Minute 557, the Head of Planning and Regeneration submitted a report seeking approval to send a definitive map modification order to the Secretary of State for the Environment, Food and Rural Affairs.

Following the making and advertising of the order, two letters of objection had been received, one from a landowner whose property was affected by the order and the other from a resident who was not directly affected The letters of objection did not address the grounds for adding the route to the definitive map. The objectors had been asked to withdraw their objections, but had declined to do so.

Resolved That the Definitive Map Modification (Public Footpath 139, Belton) Order 2004(1)” be submitted to the Secretary of State for confirmation without modification.

629 (54) PUBLIC RIGHTS OF WAY APPEALS –The Head of Planning and Regeneration submitted a report informing members of recent decisions made by the Secretary of State for the Environment, Food and Rural Affairs in respect of two public path diversion orders concerning footpaths at Epworth as follows: –

Epworth FP65 Objection to public path diversion order. Order confirmed as made.
Epworth FP71 Objection to public path order. Order confirmed as made.

Resolved – That the report be noted.