Planning Committee – 13 September 2006

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 16 August, 2006 as a correct record and authorise the chairman to sign.

PLANNING MATTERS

  1. Application deferred from previous meeting for site visit – 06/0790 by Mr & Mrs I Crosbie for the erection of a two-storey extension to the front elevation at 28 Staniwells Drive, Broughton.
  2. Planning and other applications for determination by the committee.
  3. Changes to the Procedure and Good Practice Guidance related to Planning Applications accompanied by Environmental Impact Assessments.
  4. Confirmation of Tree Preservation Orders : –
    1. 97 Main Street, Bonby;
    2. Queens Head Hotel, Queens Street, Epworth.

PUBLIC RIGHTS OF WAY MATTERS

  1. Public Rights of Way – Appeal.
  2. Proposed Diversion of Public Footpath 202 Messingham.
  3. Proposed Diversion of Public Footpath 229 Broughton.
  4. Public Footpath 63A, Goxhill.
  5. Public Footpath 252A, Kirton-in–Lindsey.

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

Notes:

  1. Reports are by the Head of Planning and Regeneration unless otherwise stated.
  2. Extracts from the relevant legislation in respect of items 8- 12 are available on request from Colin Wilkinson, Development Control, Church Square House, Scunthorpe.

Minutes

PRESENT: – Councillor Wardle (Chairman).

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

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

The committee met at Pittwood House, Scunthorpe.

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

The following member declared a personal and prejudicial interest as follows:

Member
Minute
Application
Nature of Interest
Councillor England 846 N/A Member of Messingham Parish Council and user of the footpath

The following members declared personal interests

Members
Minute
Applications
Nature of Interest
Councillor Eckhardt 842 (vi) 06/1193 Member of Haxey Parish Council
Councillor Eckhardt 844 (ii) N/A Used the public house
Councillor Phillips 841 06/0790 Knew applicant
Councillor Wardle 841 06/0790 Knew objector

Councillor Briggs, attending the meeting in accordance with the provisions of Procedure Rule 37 (b) declared a personal interest in application 06/0700 (Minute 842 (i)) as a ward member.

Mr M Welton, Business Manager (Development Control) declared a non–pecuniary interest in application 06/0790 (minute 841 refers) as he knew the objector.

The following members declared that they had been lobbied.

Members
Applications
Lobbied By
Councillor Bunyan 06/0790 Neighbours
Councillor Grant 06/0790 Applicant

840 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 16 August, 2006 having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman, subject to their correction by the recording of Councillor Collinson declaring a personal interest in application 06/0809.

841 (31) APPLICATION DEFERRED FROM PREVIOUS MEETING – 06/0790 by Mr and Mrs I Crosbie for the erection of two–storey extension to the front elevation at 28 Staniwells Drive, Broughton – In accordance with the decision at the previous meeting, members had undertaken a site visit on the morning of the meeting. The Head of Planning and Regeneration submitted a report and updated it orally.

Prior to consideration of this application an objector addressed the committee. He claimed that some of the comments submitted by the parish council had not been included in the report. The extension would reduce visibility in the turning head. There would be a loss of light to the objector’s property.

Members of the committee were concerned that the proposed development would change the street scene, would be out of character with its surroundings and would have an intrusive impact on the street scene.

Resolved – That permission be refused for reasons relating to the impact on the street scene and on the character of the area and the proposal being contrary to Policies DS1 and DS5 of the North Lincolnshire Local Plan.

842 (32) 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) 06/0700 by Mr G A Wraith for the erection of a detached dwelling at Ivy House Farm, Main Street, Ealand, Crowle.

Prior to consideration of this application the applicant’s wife addressed the committee. She stated that the proposed development would be just outside the development limit which in any event was indefensible. Materials from an existing barn on the site, which was to be demolished, would be used for the proposed dwelling. If the land was not built on it would fall into disrepair. The development would enhance the area and had the support of local residents.

Councillor Briggs, attending the meeting in accordance with the provisions of procedure Rule 37 (b) spoke in support of the application.

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

(ii) 06/0978 by Golden Living Ltd for the erection of 54 apartments for sheltered elderly accommodation with communal lounge, guest suite, laundry room, bin storage and 19 car parking spaces at Ernest Ward Roofing Ltd, Bigby Street, Brigg.

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

(iii) 06/1107 by Mr and Mrs M Riley for the erection of a detached dwelling and integral garage at the rear of Village Hall, Main Street, Bonby.

Prior to consideration of this application an objector and the applicant addressed the committee.

The objector, who owned the Haymaker Public House, stated that the building would be only one metre from that property and could affect trade. The dwelling should be sited a reasonable distance from all three neighbouring properties.

The applicant stated that he had tried to take into account the concerns of all neighbours. The development would not have an adverse effect on the public house. The main part of the dwelling would be six metres away from boundary with the public house.

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

(iv) 06/1166 by Howe Renovation (Yorks) for the conversion of existing barn into residential use at White Hart Farm, access road to Chapel Farm, Barton–upon–Humber.

Prior to consideration of this application, the applicant addressed the committee. He stated that there used to be 5 dwellings on the site. The proposal would provide low cost housing for rental.

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

(v) 06/1189 by Mr D M Ogg for the erection of a 19 metre telescopic amateur radio mast with antenna in rear garden of 36 Cliff Road, Winteringham.

Prior to consideration of this application, the applicant addressed the committee. He stated that the mast would be lowered when not in use and in that position could not be seen from any of the main roads. The mast would be built to BSB specifications. It would not interfere with neighbour’s TV and radio signals.

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

(vi) 06/1193 by Adam James Consultancy Limited for the erection of a detached dwelling at 31 Low Street, Haxey.

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

(vii) 06/1252 by J H Flemming for the change of use to A5 (hot food takeaway) at 72 Station Road, Gunness.

Prior to consideration of this application, an objector and the applicant’s agent addressed the committee. The objector stated that the proposal would lead to traffic noise nuisance. It was located on a bend adjacent to a road junction and would therefore be a road safety risk. There was no suitable on street or off street parking.

The agent stated that the site had been used for commercial purposes for thirty years. It had been marketed for eighteen months as a residential site. A carbon filter and noise insulation would be installed and the applicant was prepared to accept a condition restricting opening hours. The Highways team had not objected to the application.

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

843 (33) CHANGES TO THE PROCEDURE AND GOOD PRACTICE GUIDANCE RELATED TO PLANNING APPLICATIONS ACCOMPANIED BY ENVIRONMENTAL IMPACT ASSESSMENTS – The Head of Planning and Regeneration submitted a report advising the Committee of proposed amendments to the Town and Country Planning (Environmental Impact etc) Regulations 1999 and also changes to Good Practice Guidance.

At the end of June 2006 the Department for Communities and Local Government had circulated to all councils for their comments two proposals setting out: –

(i) proposed amendments to the Town and Country Planning (Environmental Impact etc) Regulations 1999; and

(ii) new draft environmental impact assessment procedural and good practice guidance to replace the current Department publication ‘EIA Guide to Procedures’.

The Department had invited comments on both of these matters from local authorities and other interested parties/organisations by 22September 2006.

The current regulations in respect of environmental impact assessment had been in existence since 1999 and government considered it appropriate to take stock of the contents of the appropriate Town and Country Planning (Environmental Impact etc) Regulations 1999 to see whether it still represented the most appropriate advice on the regulations. The proposed changes were outlined in the report.

The guidance booklet ‘Environmental Impact Assessment: A Guide to Procedures’ had originally been published in 1989 and had been kept up-to-date and still provided valid guidance on the procedures. However, it was felt appropriate to produce some new guidance which took account of the proposed changes to the regulations and placed more emphasis on good practice. Therefore the new guidance would not only replace the guide to procedures, but also incorporate and update some key points from other EIA government publications produced in the 1990s, including practice guides on ‘Evaluation of Environmental Information’ and ‘Preparation of Environmental Statements’ from 1994 and 1995.

Resolved – That the Department for Communities and Local Government be informed that North Lincolnshire Council supports the proposed changes to the Town and Country Planning (Environmental Impact etc) Regulations 1999 and to the revised Good Practice Guide and Procedures.

844 (34) CONFIRMATION OF TREE PRESERVATION ORDERS – The Head of Planning and Regeneration submitted two reports inviting the committee to decide whether to confirm Tree Preservation Orders.

(i) 97 Main Street, Bonby – This order had been made on a tree at risk of being felled, due to the possibility of it being a Populus nigra var.betulifolia, a very rare tree.

There had been four objections made to the order.

Further investigations had been undertaken to identify the tree in discussion with experts in the field of identifying black poplar. It had been concluded that whilst the tree was a black poplar, it was not a rare Populas nigra var.betulifolia, this having been the reason for the making of the order.

The objections to the order related to safety issues and the lean that the tree had.

A report had also been submitted by a tree surgeon, with concerns over an ingrown rope within a large branch, which in the opinion of the tree surgeon would cause a failure at that point in the future.

Resolved – That as the tree identified is not the rare Populas nigra var.betulifolia, the order not be confirmed.

(ii) Queens Head Hotel, Queens Street, Epworth – This order had been made following an application to remove this tree, being within the Conservation Area of Epworth. Due to objections having been received from Epworth Town Council, a Tree Preservation Order had been made under Section 201 of the Town and Country Planning Act 1990.

The tree was a multi–stemmed sycamore, that had abutted a low wall. Due to the presence of tree roots the wall had recently fallen over and been removed. This had left the roots of the tree exposed above the adjacent highway path, this being lower than the land within the pub car park where the tree was situated.

There had been a chain fastened around the tree. This was now embedded within the tree and could not be removed. It was considered that this could become a future failure point for part or all of the tree as it matured.

Objections had been raised by the tenants of the Queens Head Hotel stating concerns over the presence of the chain and future liability regarding the tree. A letter of objection had also been received from a local ward councillor.

Resolved – That, due to the embedded chain causing future failure of part or all of the tree in close proximity of the highway, that the order not be confirmed.

845 (35) PUBLIC RIGHTS OF WAY – APPEAL – The Head of Planning and Regeneration submitted a report informing members of a recent decision made by the Secretary of State for the Environment, Food and Rural Affairs in respect of a disputed definitive map modification order.

On 11 August 2004 the committee had approved the making of two orders to modify the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement” by adding two footpaths between Barrow Road and Beck Hill, Barton-upon-Humber (Minute No. 593).

The orders had been made on 29 September 2004. There had been one objector to both orders, as a result of which the orders had been referred to the Secretary of State. Arbitration had been by way of written representations and the Secretary of State’s decision letter had been published on 20 June 2006.

Both orders had been confirmed.

Resolved – That the report be noted.

(Note: Councillor England, having declared a personal and prejudicial interest in the following item, minute 846, left the meeting at this point)

846 (36) PROPOSED DIVERSION OF PUBLIC FOOTPATH 202. MESSINGHAM – The Head of Planning and Regeneration submitted a report seeking approval to divert Public Footpath 202, Messingham. This would resolve a long term problem and create a path linking Butterwick Road and Black Bank.

The alignment of Public Footpath 202 was presently unusable. The northern section crossed the garden area of two properties, the middle section crossed a large fishing pond, and the southern section a golf course. There was also a missing footbridge on the Footpath.

The order to divert Public Footpath 202 would be made in the interests of the four landowners over whose land this Public Footpath crossed. The public should also greatly benefit, as the proposal would resolve a long term problem and create a usable and unobstructed public footpath, which would be clearly defined on the ground.

Resolved – (a) That an order be made in accordance with the report; (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 should objections be received a further report be submitted to the committee.

(Councillor England returned to the meeting at this point)

847 (37) PROPOSED DIVERSION OF PUBLIC FOOTPATH 229, BROUGHTON – The Head of Planning and Regeneration submitted a report seeking approval to divert a section of Public Footpath 229, Broughton.

The section of footpath to be diverted proceeded easterly from the B1208 along the northern boundary of a garden wall belonging to a property known as The Maltkiln. The footpath continued via a garden gate along the southern side of the same garden wall.

The proposed diversion would take the alignment out of the private garden.

The order to divert a section of Public Footpath 229 would be made in the interests of the landowner. The landowner had secured the purchase of an extra two-metre-wide strip of land on the southern side of his present boundary wall, over which the proposed footpath would run. The public should also benefit, as the path would be more clearly defined on the ground and there would be no structures to negotiate.

The eastern 18 metres of the diversion was within the ownership of the adjacent landowner. Written consent was presently awaited from the said landowner. Only with this consent would the diversion order proceed in this format.

Resolved – (a) That, subject to the written consent of all owners of land onto which it is proposed that the footpath be diverted, an order be made in accordance with the report; (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 should objections be received a further report be submitted to the committee.

848 (38) PUBLIC FOOTPATH 63A, GOXHILL – The Head of Planning and Regeneration submitted a report seeking approval for the making of an order to modify the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement” by adding to them a public footpath in Goxhill.

On 23 May 2006 Goxhill Parish Council had served an application under section 53(5) of the Wildlife and Countryside Act 1981 on North Lincolnshire Council to add a 52 metre public footpath to the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement”. This ran between North End and Bridleway 63 .The location and route of the path were shown on appendices to the report.

The supporting evidence suggested that the route in question was in frequent use by the public on foot. There were no known objectors to the application.

Resolved (a) That an order be made under section 53 of the Wildlife and Countryside Act 1981 to add the following route to the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement” as a public footpath as shown on the appendix to the report, and (b) that a further report be submitted to members should irreconcilable objections be duly lodged following the making of an order.

849 (39) PUBLIC FOOTPATH 252A, KIRTON IN LINDSEY – The Head of Planning and Regeneration submitted a report seeking approval for the making of an order to modify the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement” by adding to them a public footpath in Kirton in Lindsey.

Section 53 of the Wildlife and Countryside Act 1981 placed a duty on surveying authorities to keep the definitive maps and statements for which they were responsible under continuous review.

An application had been received to add a 72 metre public footpath to the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement”. This ran between Footpath 252 and Footpath 248, Kirton in Lindsey. The route was shown on a plan appended to the report.

The supporting evidence suggested that there was frequent use by the public on foot. There were no known objectors to the application.

Resolved (a) That an order be made under section 53 of the Wildlife and Countryside Act 1981 to add the path to the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement” as a public footpath as shown on the appendix to the report, and (b) that a further report be submitted to members should irreconcilable objections be duly lodged following the making of an order.