Planning Committee – 31 March 2005

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

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 2 March 2005 and minutes of the meeting held on 11 March 2005 (Policy Meeting) as correct records and authorise the chairman to sign.

PLANNING MATTERS

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

5. Consultations by other Public Bodies.

6. Enforcement Update.

PUBLIC RIGHTS OF WAY MATTER

7. Proposed Diversion – Footpath 97 South Killingholme.

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

Notes:

1) Extracts from the relevant legislation in respect of item 7 are attached as an appendix.

2) Reports are by the Head of Planning and Regeneration unless otherwise stated.

Minutes

PRESENT: – Councillor Wardle (Chairman).

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

Councillor Briggs attended the meeting in accordance with the provisions of Procedure Rule 37 (b).

The committee met at Pittwood House, Scunthorpe.

682 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 interests as follows: –

Member
Minute
Application
Nature of Interest
Councillors Bunyan, Ellerby, England, Fordham, Glover, Kirk, Long, Wardle, Whiteley and Wood. 685 (viii) 04/2237 Knew Councillor owning the land
Councillors Glover, Wardle and Wood 685 (iv) 04/2232 Knew applicant
Councillor Long 685 (ii) 04/1737 Resident of Wrawby
Councillor Wood 685 (ix) 04/2255 Knew President of golf club
Councillor Grant 685 (vii) 04/2224 Member of Bottesford Town Council

Councillor Whiteley declared a personal and prejudicial interest in application 04/2224 as his brother was to speak in support of the application He was also a member of Bottesford Town Council.

Councillors Bunyan, England, Glover, Long, Wardle and Wood declared that they had been lobbied by both supporters and objectors in respect of applications 03/1630 and 04/0092.

There was no whip declared.

683 MINUTESResolved – That the minutes of the proceedings of the meetings held on 2 and 11 March, 2005, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

684 (96) CONSULTATIONS BY OTHER PUBLIC BODIES – The Head of Planning and Regeneration submitted a report informing the committee of two applications to the Department of Trade and Industry on which the council had been consulted. Prior to any discussion of the applications he advised the committee that one assessment and recommendation had been made for both applications. This had been done because most of the issues raised and representations received were similar. However, the committee would need to consider each application in turn on its merits.

The Head of Service also advised the committee of a number of further representations made in connection with both applications.

(i) 03/1630 by RES Developments (E & W) Ltd – Form B application for the erection of a wind farm consisting of 35 wind turbines (each turbine to have 3 blades and an overall tip height of 125m) and associated plant, equipment and access tracks on land near to Keadby Power Station, Keadby.

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

The objector’s representative was concerned that the proposal would lead to a loss of amenity for the objector. Asbestos was buried to the north of his land and could be disturbed during construction, thus causing a danger to health. There was also a possibility that the watercourses could be polluted. The noise from the turbines would disturb wildlife. The local road network would not be able to support the construction traffic. The development would have an adverse effect on the local economy. The turbines would not make a significant contribution to the government’s targets for renewable energy.

The applicants’ representative stated that the site was the most suitable one within North Lincolnshire. Its potential for provision of renewable energy should be exploited. The application had been amended to reduce the number of turbines proposed. The Countryside Agency had said that the proposal would have no adverse impact and the nearby airport had no objections subject to suitable mitigation measures being put in place. The council’s Supplementary Planning Guidance was in conflict with the Government’s Planning Policy Statement (PPS) 2. Any delay in approving the proposal would lead to a shortfall in meeting targets for clean energy. There was overwhelming public support for wind farms, especially amongst young people.

Councillor Briggs, attending the meeting in accordance with the provisions of Procedure Rule 37 (b) spoke against the application. He reminded the committee of the council’s resolution in respect of PPS2 (Minute 954 refers) where it had adopted the following position in relation to renewable energy: –

  • The council is generally supportive of renewable energy
  • When considering a planning application for a windfarm due regard will be given to the visual, environmental, landscape and community impact of the scheme.
  • When considering applications the council will also note and have regard to the cumulative impact of the proposed scheme and any existing windfarms located in the area.
  • Where the council is minded to object to applications to be determined by the Secretary of State the council will call for a public inquiry.

Resolved – That the council objects to the application as the proposal fails to comply fully with policies contained within North Lincolnshire Council Local Plan Supplementary Planning Guidance 13 (Wind Energy Development) (approved March 2005), particularly policies WIND1, WIND 3, WIND 4, WIND7, WIND 8 and WIND 9 in part or in full, and is similarly contrary to Policy DS 21 (i) in the Local Plan.

(ii) 04/0092 by United Utilities Green Energy Limited – Form B application for the erection of three turbines of a wind farm development consisting of up to 28 wind turbines together with ancillary development on land at Medge Hall, Crook O’Moor Road, Crowle

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

The objector was concerned that the proposal would cause noise nuisance to nearby residents. It would adversely affect a Site of Special Scientific Interest(SSSI). The Local Planning Authority would be responsible for monitoring the site and taking any necessary enforcement action which could result in it having to pay compensation. The development would interfere with radar at the nearby airport. The Countryside Agency had said that the location was inadvisable. The requirements of the Supplementary Planning Guidance were not met.

The applicants’ representative stated that a detailed Environmental Impact Assessment had been submitted. The development would produce energy which would be “green”, clean and environmentally acceptable. It would help to meet local and regional targets for renewable energy. Building materials would be brought in by canal rather than by road. Mitigation measures would be carried out to protect and enhance the SSSI. There were currently no wind turbines in North Lincolnshire, therefore the council should approve all applications until the local targets were met.

Councillor Briggs, attending the meeting in accordance with the provisions of Procedure Rule 37 (b) spoke against the application. He again referred to the council resolution (minute 954) and urged the committee to call for a public inquiry on the application.

Resolved – (a) That the council objects to the application as the proposal fails to comply fully with policies contained within North Lincolnshire Council Local Plan Supplementary Planning Guidance 13 (Wind Energy Development) (approved March 2005), particularly policies WIND1, WIND 3, WIND 4, WIND7, WIND 8 and WIND 9 in part or in full, and is similarly contrary to Policy DS21 (i) in the Local Plan, and (b) that the Secretary of State be asked to hold a public inquiry into the application.

685 (97) 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) 04/1198 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 addressed the committee under the provisions of Procedure Rule35(e). He stated that the development would have a detrimental effect on the visual amenities of neighbours and would constitute over intensive development. There was insufficient parking provision. The access to the site was 150 yards long and in a poor state, with a blind bend.

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

(Note: Councillor Kirk at this point declared a personal interest in respect of the following application, 04/1737 as a member of the Caravan Club and the Motor Caravaners’ Club)

(ii) 04/1737 by Mr D Gibson for the change of use of land to caravan site to accommodate 12 tourer vans on land at the rear of the Jolly Miller public house, Brigg Road, Wrawby

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

The objector alleged that the number of caravans on site sometimes exceeded that permitted. Disturbance was caused to neighbours by singing and discos. The proposal would exacerbate these problems and lead to an increase in pollution and vermin.

The applicant stated that there was unmet demand for such a site locally. The site would be closely monitored. Patrons were not allowed to make excessive noise. Any musical events complied with the requirements of the Public Entertainment licence.

The Head of Service corrected some minor errors in the report.

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

(iii) 04/2179 by Sam Cross Ltd for the demolition of existing garage buildings and erection of 2 3-bedroom houses and 1 2-bedroom dwelling (re-submission of 04/1462) at 55 Whitecross Street, Barton-upon-Humber

Prior to consideration of this application an objector addressed the committee under the provisions of Procedure Rule35 (e).

The objector was concerned that the proposal would generate additional traffic and would cause overlooking and loss of privacy. The dormer windows at third storey level would directly overlook one of the objector’s properties. The Head of Planning and Regeneration advised that the proposed building was over twenty metres from the objector’s property and conformed to the required standards.

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

(iv) 04/2232 by Sam Cross Ltd for Listed Building Consent to demolish a garage and erect three dwellings at 55 Whitecross Street, Barton-upon-Humber

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

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

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

(vi) 04/2204 by Mr and Mrs Garner for the erection of a new dwelling and detached double garage at Ivy House, 11 Brethergate, Westwoodside

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

(Note: Councillor Whiteley, having declared a personal and prejudicial interest in the following application, 04/2224, left the meeting at this point)

(vii) 04/2224 by Mr P Noakes for the erection of a two-storey side extension and extension over existing garage at 6 Girton Close, Bottesford

Prior to consideration of this application an objector and a representative of the applicant addressed the committee under the provisions of Procedure Rule35 (e). The objector stated that the extension would be too close to his boundary wall and would lead to a loss of light. The gap between the two properties would not accommodate a wheelchair.

The applicant’s representative stated that a revised scheme had been submitted which addressed the concerns of the objector. Some of the points raised by the objector were not relevant planning considerations.

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

(Note: Councillor Whiteley rejoined the meeting at this point)

(viii) 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 training room and toilets (resubmission of 2004/1157) on land to the rear of Hollytree Farm, Sandtoft Road, Epworth

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

(Note: the voting being equal on this matter, the chairman used his second and casting vote in favour of the motion)

(Note: Councillor Grant at this point declared a personal interest in respect of the following application, 04/2255 as he knew the representative of the golf club)

(ix) 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

Prior to consideration of this application an objector and a representative of the applicant addressed the committee under the provisions of Procedure Rule35 (e).

The objector had no objection to the retaining walls but was concerned at the potential for noise nuisance arising from vehicles arriving at and leaving the club. Some functions lasted until 1 am.

The representative of the applicants stated that the club had existed for over 100 years. It was seeking to improve security. The system would be operated from the club house.

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

(x) 05/0108 by Mr and Mrs Goodson for the erection of a two-storey and a single-storey rear extension

Prior to consideration of this application an objector addressed the committee under the provisions of Procedure Rule 35 (e). He was concerned that the development would be overbearing and out of character with its surroundings. The Head of Planning and Regeneration advised members that the development conformed with supplementary planning guidance.

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

686 (98) 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.

687 (99) PROPOSED DIVERSION OF PUBLIC FOOTPATH 97, SOUTH KILLINGHOLME – The Head of Planning and Regeneration submitted a report seeking approval to divert Public Footpath 97 South Killingholme.

The order would be made in the interests of the two landowners. This would enable one landowner to secure the pig units adjacent to the line over which part of the public footpath presently ran and reduce the possibility of infections such as foot-and-mouth disease being spread by walkers. The second landowner would benefit by having the footpath diverted to his field headland. The public would also benefit, as the proposed route would take the path out of the landowner’s farmyard and would be more clearly defined on the ground. Furthermore, there would only be the need for one footbridge rather than the present two.

The views of the relevant organisations had been sought and none had indicated that they were likely to object to the order.

Resolved – (a) That an order be made in accordance with the report and the appended plan; (b) that the Head of Planning and Regeneration be authorised to confirm the order if it is unopposed; (c) that if the order is confirmed, 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 this committee if the order is opposed.