Planning Committee – 1 March 2006

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

AGENDA1. 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 1 February, 2006  (copies enclosed) as a correct record and authorise the chairman to sign.

PLANNING MATTERS4. Applications deferred from previous meeting for site visits:-

(i) 05/1399 by WH Transport  & Warehousing Ltd for residential Development at WH Transport  & Warehousing Ltd, Station Road, Epworth;

(ii) 05/1908 by Mr S Majara for the erection of extensions to an existing care home and charge the use of an existing dwelling tocare home use at Gresham Lodge, 253 and 255 Ashby Road, Scunthorpe.

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

6. Applications for approval of Reserved Matters.

7. Enforcement Update.

PUBLIC RIGHTS OF WAY MATTERS

8. Public Footpath 74, Epworth and Haxey.

9. Proposed Closure and creation of Public Footpath 50, South Killingholme

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

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

MINUTES

PRESENT: – Councillor Wardle (Chairman).

Councillors Long (Vice-Chairman), Bunyan, Collinson, Eckhardt, England, Glover, Grant, Kirk, Phillips and Whiteley.

Councillors Briggs, Bromby, Gosling, Holgate, Osborne, Mrs Simpson, Smith and Stewart attended the meeting in accordance with Procedure Rule 37 (b).

The committee met at Pittwood House, Scunthorpe.

773 DECLARATIONS OF PERSONAL AND PERSONAL AND PREJUDICIAL INTERESTS, SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) AND WHIPPING ARRANGEMENTS (IF ANY)

Councillor Phillips declared a personal interest in application 05/1637 as a member of the Lincolnshire Wildlife Trust.

Councillor Smith, attending the meeting in accordance with the provisions of Procedure Rule 37 (b) declared a personal interest in application 05/1637 as a member of Winterton Town Council.

Mr S Whittemore, Regulatory Support Officer declared a non –pecuniary interest in applications 05/0067 and 05/1388 as a member of Friends of the Earth and Greenpeace.

Mrs V Wilcockson, Principal Solicitor declared a non – pecuniary interest in application 05/1637 as she knew an objector.

774 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 1 February, 2006 having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

775 (80) APPLICATIONS DEFERRED FROM PREVIOUS MEETING – 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) 05/1399 by W H Thompson for outline permission for residential development at W H Thompson Transport and Warehousing Ltd, Station Road, Epworth.

Prior to consideration of this application a representative of the applicant addressed the committee. He stated that the existing use of the site caused traffic problems due to narrow streets close to the site. The application should be judged against Policy RD4 of the Local Plan which stated that changes of use to non –employment uses would only be permitted if attempts had been made to sell the site for 12 months prior to the application or that the continued employment use would harm residential amenity or cause highway or environmental problems. This application met the second criterion. The change of use would result in substantial improvement in traffic safety.

Councillor Stewart, attending the meeting in accordance with procedure Rule 37 (b), expressed concerns that the site should be considered along with the Renaissance Market Towns (RMT) initiative for the whole of Epworth.

The Head of Service advised the committee of a late representation from an objector expressing concerns that his objection in relation to the site being considered in isolation from the RMT had not been addressed in the officer’s report. He advised that the RMT was not yet a formally adopted document. The formally adopted document was the North Lincolnshire Local Plan, policy RD4 of which was relevant and the proposal was compliant with that policy.

Resolved – (a) That the committee is mindful to grant permission for the development; (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 SPG8 on education contributions towards the additional accommodation required at both Epworth primary and secondary schools; (ii) the formation of a management company for maintenance of the public open space in accordance with SPG10, and (iii) affordable housing in accordance with SPG9, and (c) that if the obligation is not completed by 1 June, 2006 the Head of Planning and Regeneration be authorised to refuse the application on the grounds of the development having an adverse impact upon the existing schools within Epworth and failure to serve the needs of residents in terms of open space and affordable housing provision.

(ii) 05/1908 by Mr S Majara for the erection of extensions to an existing care home and change of use of an existing dwelling to care home use. At Gresham Lodge, 253 and 255 Ashby Road, Scunthorpe

The Head of Planning and Regeneration reported that an amendment to this application had been submitted since the publication of the report. This was so significant as to require further consultation with neighbours. He asked that the application be deferred.

Resolved – That the application be deferred to allow for further consultation to be carried out.

776 (81) 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.

(i) 05/0067 by Wind Prospect for the erection of nine wind turbines with associated tracks, crane hardstanding, anemometry mast, underground cables and switchgear house for the purpose of producing electricity at Normanby Estate, Normanby, Scunthorpe.

Prior to consideration of this application a representative of the applicant and an objector addressed the committee. The applicant’s representative stated that renewable energy was required to address the issues of climate change, energy shortages and energy security. The council’s Supplementary Planning Guidance committed it to a target of 40 megawatts of electricity from renewables by 2010. This proposal would significantly contribute to that target. Mitigation measures were proposed to address the concerns of nearby residents.

The objector stated that the proposal would have an adverse visual impact, would be out of context in the locality, would be noisy and would cause health problems for nearby residents. The turbines would interfere with television signals, would cause a traffic hazard by distracting motorists and could propel ice from their blades. The proposal would have a negative effect on the development of Normanby Business Park.

The Head of Planning and Regeneration corrected errors in the report. The turbines would have a hub height of 80 metres rather than 70. Winterton Town Council had no objection to the proposal.

Councillors Briggs, Gosling and Smith, attending the meeting in accordance with the provisions of Procedure Rule 37 (b), spoke on the application.

Councillors Gosling and Smith stated that they supported the development of renewable energy in principle, but due to the concerns of local people they suggested the committee should undertake a site visit.

Councillor Briggs suggested that it would be premature to determine the application whilst other applications for wind farms in North Lincolnshire were still pending consideration by the Secretary of State.

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

(ii) 05/0493 by Mr C Dean for a Certificate of Lawfulness for an existing use of a Heavy Goods Vehicle Transport yard for use by two lorries at Mowcop Farm, 78 Godnow Road, Crowle.

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

(iii) 05/1388 by Mr R Barker for the erection of five 15 metre high wind turbines on land south of Poplars Farmhouse, Jacques Bank, Medge Hall, Crowle

Prior to consideration of this application a representative of the applicant addressed the committee. He advised that this was essentially a private undertaking to provide electricity to the farm. Any excess would be sold to the National Grid.

The Head of Planning and Regeneration advised the committee of an additional representation. This did not raise any issues not covered in the report.

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

(iv) 05/1637 by Winterton Town Council for the erection of an 8 metre high CCTV mast with camera at Market Street, Winterton

Prior to consideration of this application an objector addressed the committee. She was concerned that the proposal would lead to a loss of privacy as the camera would be able to view the window of her house. Crime in Winterton was already falling, therefore there was no need for the camera. The tapes would be kept in a private residence which she considered was not acceptable.

Councillor Smith, attending the meeting in accordance with Procedure Rule 37 (b) spoke in support of the application.

The Head of Planning and Regeneration stated that the concerns raised by the committee at the previous meeting had been addressed by the two additional proposed conditions nos. 4 and 5.

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

(v) 05/1674 by G Oliver for the erection of a new dwelling with detached garage at Plot 1, Harvest Avenue, Barton – upon – Humber

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

(vi) 05/1847 by Truelove Property and Construction Ltd for the change of use of two agricultural Storage buildings to B1 business use at Worlaby House, Farm Low Road, Worlaby.

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

(vii) 05/1855 by Mr G R Moore for a certificate of lawfulness for an existing use of the erection of 5 pairs of semi – detached houses pursuant to full planning permission reference 2/22/92 dated 13/04/1992 on land off Strickland Road, Eastoft.

Prior to consideration of this application the applicant’s agent addressed the committee.

He stated that the site was part of a development site allocated by the former Boothferry Borough Council. His client had been advised to make a full application. The foul drainage sewer had been laid in order to serve the proposed development.

The Head of Planning and Regeneration advised that the point at issue was whether or not the planning permission had been implemented. The evidence indicated that the drain referred to by the agent had been there before the application had been made. A number of “Pre – commencement” conditions had been imposed. These had not been complied with.

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

(viii) 05/1931 by Mr A Potts for the conversion of a sunday school building to a dwelling at The Wesleyan Sunday School, High Street, Wootton.

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

(ix) 05/2022 by Mr D Rockett for the conversion of a barn into a dwelling at access road to Langholme Farm, Haxey

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

(x) 06/0036 by Mr P Tutty for the erection of 2 three-bedroom semi – detached houses on land at rear of 2 Ings Road, Kirton – in – Lindsey

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

(xi) 06/0042 by Mr P Tutty for the erection of one detached house (change of house type from 04/0350) on land at rear of 2 Ings Road, Kirton – in – Lindsey

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

(xii) 06/0060 by Mr N Baxter for the retention of an 8feet high boundary fence at The Pond House, 1 Farrows Pond, Goxhill

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

777 (82) APPLICATIONS FOR APPROVAL OF RESERVED MATTERS FOLLOWING THE GRANT OF OUTLINE PERMISSION – The Head of Planning and Regeneration submitted a report informing members about applications for approval of reserved matters which were ready for determination. Outline planning permission had already been granted and the developments 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).

(i) 05/1130 by Mr A Bruce for approval of reserved matters pursuant to outline planning permission 03/1708 allowed on appeal on 04/08/2004 for the erection of 5 dwellings at Epworth Motor Works, 40 Chapel Street, Epworth

The Head of Planning and Regeneration reported that amended drawings had been received since the publication of the report. It would therefore be appropriate to undertake consultation on the amendment to the application.

Resolved – That consideration of this application be deferred to enable further consultation to be carried out.

(ii) 05/1924 by Mr P Reid for approval of reserved matters for the erection of a detached house and garage pursuant to outline planning permission 2003/1167 on Plot 3 , Short Lane, West Halton

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

778 (83) 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.

779 (84) PUBLIC FOOTPATH 74, EPWORTH AND HAXEY – The Head of Planning and Regeneration submitted a report on the question of whether a fresh order should be made to divert Public Footpath 74 at Starcross, Epworth Turbary.Prior to consideration of the report, an objector addressed the committee. She stated that she wished to restate her objection to the proposal. The present line of the path should be reinstated by removal of the obstructions. The council had previously chosen not to proceed with an order solely in the interests of the landowner. The report did not specify the grounds on which an order would be made.

The Head of Service reminded members that this matter had last been considered on 17 August 2005 when the committee had resolved to undertake consultation on the making of a new diversion order (Minute No. 721 refers). The purpose of the present report was to allow members to consider the updated position.

A footpath could be diverted under section 119 of the Highways Act 1980 either in the interests of the owner or occupier of the land it crosses, or in the interests of the public. Because the path was being diverted in the interests of the owner/occupier of the land, the making of the order and the provision and maintenance of the required bridges were being paid for by the landowner. North Lincolnshire Council officers were of the opinion that the diversion would not disadvantage the public, noting particularly that neither the Ramblers’ Association nor the Lincolnshire Fieldpaths’ association (nor indeed any user group) was objecting to the diversion.

The report summarised and commented on the points raised by persons and organisations responding to the consultation. Copies of the responses were appended to the report along with a location map and a plan showing the proposed diversion.

Resolved – (a) That an order be made under section 119 of the Highways Act 1980 to divert Public Footpath 74 at Starcross, Epworth Turbary in the interests of the owner/occupier of the land; (b) that the order be confirmed if the order be unopposed; (c) that should the order be opposed, the order be sent to the Secretary of State, and (d) that should the order be confirmed, an order be made under section 53 of the Wildlife and Countryside Act 1981 to modify the definitive map and statement to take account of Public Footpath 74’s new alignment and other details.

(Note: This minute (779) is as corrected at the meeting held on the 30 March 2006 minute 786 refers)

780 (85) PROPOSED CLOSURE AND CREATION OF PUBLIC FOOTPATH 50,SOUTH KILLINGHOLME – The Head of Planning and Regeneration submitted a report seeking approval to close part of Public Footpath 50, South Killingholme and create a new path.

Development was being carried out at the Humber International Terminal at the port of Immingham. This was “permitted development”.

The present footpath ran along the bank of the River Humber, terminating at South Killingholme Haven. The path had been temporarily closed since 1 February 1999 to enable construction of facilities at Associated British Ports International Terminal. It was proposed to close this path and dedicate a new public footpath along a reclaimed embankment that would lead to a new public viewing area positioned at the embankment’s terminus.

Although the extinguishment order would be made first, the stopping up of the existing footpath would not take effect until the Council certified that the replacement footpath and viewing area had been created.

Resolved – (a) That two orders be made as indicated in the report; (b) that the Head of Planning and Regeneration be authorised to confirm both orders if they are unopposed; (c) that further orders be made under the Wildlife and Countryside Act 1981 to modify the County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement should the closure and creation orders be confirmed, and (d) that a further report be submitted should either the closure or creation order be opposed.