northlincs.gov.uk

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 20 July 2005 as a correct record and authorise the chairman to sign.

PLANNING MATTERS

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

(i) 05/0848 by Mr and Mrs Henline for the erection of a first floor extension over existing garage and single – storey side and rear extension at Flemish Bond, North End, Goxhill.

(ii) 05/0748 by Mr and Mrs J Harper for the erection of a two -storey extension, a front boundary wall and detached garage at 7a Manor Drive, Scawby.

(iii) 05/0490 by R Nicholson Motors for the erection of eight terraced cottages, two detached houses, and two detached dormer bungalows (resubmission of 2004/2018 – withdrawn) at 1 -7 Eastoft Road, Crowle.

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

6. Enforcement Update.

7. The Tree Preservation (Fern Cottage, Station Road, Fockerby) Order, 2005.

PUBLIC RIGHTS OF WAY MATTERS

8. Public Footpath No.74, Epworth.

9. Public Footpath No. 219, Broughton.

10. Proposed Stopping Up of Public Footpath No.1 Alkborough and Part Public Footpath No.2, Whitton.

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

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, Grant, Kirk, Phillips, Whiteley and Wood.

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

The committee met at Pittwood House, Scunthorpe.

715 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: –

Councillor Grant declared that he had been lobbied by an objector in respect of application 05/0490.

716 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 20 July 2005 having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

717 (17) 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) 05/0848 by Mr & Mrs M Henline for the erection of a first floor extension over existing garage and single storey side and rear extensions at Flemish Bond, North End, Goxhill.

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 proposed extension would spoil the amenity of her garden, the dominating wall would have an overbearing effect, and be to the detriment of her own property.

The Head of Planning and Regeneration stated that the proposed extension complied with Supplementary Planning Guidance and that overshadowing of a garden did not justify refusal of an application.

Councillor Bunyan asked if it was possible that a condition could be imposed that the hedge be retained as a screen.

Resolved – That permission be granted in accordance with the recommendation contained in the report, with the addition of a condition 6 that no trees or shrubs be removed without consent.

(ii) 05/0748 by Mr & Mrs J Harper for the erection of a two storey extension, a front boundary wall and a detached garage at 7a Manor Drive, Scawby.

Councillor Muir, attending the meeting in accordance with the provisions of Procedure Rule 37 (b), spoke against the application stating that the proposed extension would have a substantial impact on a neighbouring property.

The Head of Planning and Regeneration stated that, the proposed extension complied with Supplementary Planning Guidance and whilst there may be some overshadowing of the garden, on balance he did not believe that the proposal would have a significant effect on the neighbouring property.

Councillor England stated that, having visited the site, there was plenty of sunlight on the neighbouring property and given that the proposal included a hipped roof, this would not detract from the amount of light.

Councillor Grant stated that on the site visit the occupants of the neighbouring property were not at home so it was not possible to see the proposal from their viewpoint. Councillor Grant suggested that officers make prior arrangements with neighbours affected by proposals so that site visits could better assess effects to neighbouring properties.

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

(iii) 05/0490 by R Nicholson Motors for the erection of eight terraced cottages, two detached houses and two dormer bungalows (re-submission of 2004/2018 – withdrawn) at 1 – 7 Eastoft Road Crowle.

The Head of Planning and Regeneration stated that, alterations had been made to the previous application. Assessments had been made using formulae to calculate impact on neighbouring properties. Several conditions had been attached to the recommendation, including a restriction on the permitted development rights of the proposed properties.

Councillor England asked if the loss of amenity to the settlement of Crowle was a planning consideration. The Head of Planning and Regeneration stated that whilst consideration had been given to the loss of the amenity, the North Lincolnshire Local Plan did not specify garages, and that there were other garages in the area. The sale of petrol could not be enforced and this service could cease at any time without permission, so refusal of the application would not guarantee retention of the amenity.

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

718 (18) 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) 05/0489 by Mr G Wall for removal of a railway embankment to form a flat surface, at a disused railway embankment, Station Road, Keadby.

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

(ii) 05/0691 by K M W Construction Ltd for the change of use of part of a haulage yard into a recycling/reclamation and waste transfer centre at old ironstone mines, Thealby Lane, Thealby.

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

(iii) 05/0803 by Harbour View Estates Ltd for modification or discharge of planning obligation of planning permission 1998/0452, to allow the use of the building for retail purposes at the former Tesco store, Holyrood Drive, Skippingdale.

Councillor Kirk stated that the agreement had been about protecting the town centre and encouraging retail outlets to be in a central area. The proposal went against this principle and the proposed offer of £400,000 for town centre improvements would be of little help.

The Head of Planning and Regeneration stated the Councillor’s comments were noted and that the application had been looked at carefully. The report set out the proposed goods to be sold and the percentage of floor area to be allocated for such goods. The application was not just about permission for retail, it was about regeneration of an area that had become derelict. There had been no other offers for the site. The planning and regeneration benefits would outweigh the loss of the retail outlet from the town centre.

Councillor Kirk was in favour of regeneration, but felt that the Skippingdale estate should be industrial, regeneration could be by means other than retail. He stated that he had concerns that owners of property were able to allow them to deteriorate. Councillor Kirk believed the proposal would be detrimental to the town centre.

The Head of Planning and Regeneration stated that a sequential approach had been taken to look at town centre sites, and timescale of availability was a consideration to developers in a sequential approach. Harbour View Estates Ltd were retailers not developers so the timescale principle was not applicable.

S215 provides control over deterioration of buildings.

Moved by Councillor Kirk and seconded by Councillor Phillips –

That variation to the unilateral undertaking be refused.

Motion Lost

Moved by Councillor Bunyan and seconded by Councillor England –

That variation to the unilateral undertaking be agreed in accordance with the recommendation contained in the report.

Motion Carried

(iv) 05/0804 by Harbour View Estates Ltd for erection of a building for use as a garden centre on land at Skippingdale Retail Park, Holyrood Drive, Skippingdale.

Councillors sought clarification on the percentage of types of goods per floor space and whether the building was to be enclosed. The proposed building was to be of a greenhouse type and the percentage of goods per floor space was for the whole of the development.

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

(v) 05/0885 by Bowmandale Primary School for replacement of front post and rail fence with palisade fence at Bowmandale Primary School, Bowmandale, Barton on Humber.

Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 35 (e). The objector stated that she represented the eight households opposite the school, they were of the opinion that the proposed fencing would be inappropriate and too dominating for the school and neighbourhood.

The Head of Planning and Regeneration stated that the need for secure fencing around schools was indicative of present day society, and that the type of fencing proposed was already in existence on the southern boundary of the school. It was suggested however that a condition be added to stipulate that the fencing be painted green at the point of manufacture.

The committee agreed that secure fencing was necessary around schools, and that it should be painted green.

Resolved – That permission be granted in accordance with the recommendation contained in the report, with the additional condition that the fencing be painted green at manufacture.

(vi) 05/0908 by Mr & Mrs Peart for erection of a ground floor extension to rear of 38 Burgess Road, Brigg.

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

(vii) 05/0991 by Mr & Mrs Ogg for change of use of land to a campsite and erection of an amenity block, and change of use of an existing agricultural shed to caravan storage.

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

(viii) 05/1038 by Mr & Mrs Hall for conservation area consent to demolish a cottage and erect a detached house with attached double garage at a site opposite The Cottage, Beck Lane, Redbourne.

Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 35 (e). The objector referred to the Supplementary Planning Guidance, and Redbourne Conservation Area Appraisal and stated that new dwellings should reflect the surrounding area. The site in question had a generous spacing of buildings with large garden plots, previous applications had been refused because the plans were not conducive to the area. The existing dwelling was small with space to either side, the proposed building would be too large and to the detriment of the area.

The committee discussed the clarity of the site plan and asked if it was up to date. A site visit was proposed for clarification of the layout of the area.

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting. The reason for holding the site visit being that this will help the committee to see the area in question before making their decision.

(ix) 05/1041 by Mr & Mrs Hall for demolition of a cottage and erection of a detached house with attached double garage at a site opposite The Cottage, Beck Lane, Redbourne.

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting. The reason for holding the site visit being that this will help the committee to see the area in question before making their decision.

(x) 05/1043 by Mr & Mrs Short for erection of a two storey extension to 16 Old School Lane, Bottesford.

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

719 (19) 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.

720 (20) TREE PRESERVATION (FERN COTTAGE, STATION ROAD, FOCKERBY) ORDER 2005 – The Head of Planning and Regeneration submitted a report to determine that a Tree Preservation Order not be confirmed.

Resolved – That the emergency Tree Preservation Order is not confirmed, and that it is annotated ‘Not Confirmed’ and withdrawn from the public register.

721 (21) PUBLIC FOOTPATH 74 EPWORTH – The Head of Planning and Regeneration submitted a report to present options for action in respect of Public Footpath 74 where it passed through the garden of a property on Epworth Turbary known as Starcross.

The Head of Legal and Democratic Services informed the committee that two further letters had been received, from agents of both the occupier of the property and the objectors. The letters were then summarised for the benefit of the committee.

The report set out four possible options for proceeding with the matter. Option one was to submit the diversion to the Secretary of State for confirmation and request that he hold a public inquiry into the matter. Option two was to make a new diversion order. Option three was to do nothing and option four to carry out enforcement action. Members were informed that although option two would mean starting the process from the beginning and could lead to further delay, it would allow Members to consider the updated position. Officers would consult on the making of the new order and a full report would be made to Committee setting out the benefits to the owner/occupier and to the public, any disbenefits, the views of the supporters and the objectors and identifying the legal tests to be applied.

Resolved – Option 2 of the recommendation be pursued and consultation be undertaken on the question of whether a new order should be made.

722 (22) PUBLIC FOOTPATH 219, BROUGHTON – The Head of Planning and Regeneration submitted a report to seek approval to make an order under section 118 of the Highways Act 1980 to extinguish Public Footpath 219, Broughton in its entirety between South View and Brooklands Avenue, and to add two footpaths to the definitive map over existing snickets in Broughton.

Public Footpath 219 had for many years now had residential properties built over it throughout its length. Consequently, it was unwalkable and the prospect of reinstatement non-existent. Nevertheless, the public did have at their disposal an alternative route, albeit one along estate roads and snickets connecting Town Hill with Airedale Close and Windsor Way with Yarborough Crescent.

It was also proposed to add two footpaths to the definitive map over existing snickets in Broughton: a) between Yarborough Crescent and Windsor Way; and b) between Airedale Close and Town Hill. These would become FP219 and FP219A respectively.

Resolved – (a) That approval be given to make orders to add the snickets from Yarborough Crescent to Windsor Way and Airedale Close to Town Hill to the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement” as public footpaths; (b) that approval be given to make a further order under section 118 of the Highways Act 1980 to extinguish all of Public Footpath 219, Broughton (following confirmation of the above-mentioned definitive-map-modification orders); (c) if the extinguishment order be opposed, a further report be brought before members; and (d) if the order be unopposed, the order be confirmed and a further order be made under section 53 of the Wildlife and Countryside Act 1981 to delete Public Footpath 219, Broughton, from the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map”.

(23) PROPOSED TEMPORARY STOPPING UP OF PUBLIC FOOTPATH 1 ALKBOROUGH AND PART PUBLIC FOOTPATH 2 WHITTON – The Head of Planning and Regeneration submitted a report to seek approval temporarily to stop up Public Footpath 1 Alkborough and part of Public Footpath 2 Whitton for one year.

The proposed stopping up of both paths supported planning application 2004/1955. The planning application was for the managed realignment of tidal defences consisting of various elements including: a 20-metre breach in the existing tidal defence; an overspill weir; and a one-kilometre length of new tidal defence.

An existing six-month temporary closure order, made under section 14 of the Road Traffic Regulation Act 1984, expires on 30 September 2005

Resolved – (a) That approval be given for the Head Planning and Regeneration to confirm the stopping up orders of Public Footpath 1 Alkborough and part of Public Footpath 2 Whitton from 1 October 2005 to 30 September 2006, if they are unopposed, and (b) that a further report be submitted to the Committee should either or both of the orders be opposed.