Planning Committee – 19 July 2006

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

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 23 June, 2006 as a correct record and authorise the chairman to sign.

PLANNING MATTERS

4. Application deferred from previous meeting for site visits.

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

6. Enforcement Update.

7. Change to the development control system

PUBLIC RIGHTS OF WAY MATTER

8. Proposed creation of a public footpath at Epworth.

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

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

(ii) Extracts from the relevant legislation in respect of item 8 areavailable upon request from David Sanderson, Church Square House, Scunthorpe.

Minutes

PRESENT: –  Councillor Wardle (Chairman)

Councillors Appleyard, Bunyan, Collinson, Eckhardt, England, L Foster, Glover, Grant, Phillips and Whiteley.

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

The committee met at Pittwood House, Scunthorpe.

819  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

Members Minute Application Nature of Interest
Councillors Appleyard, Bunyan, Collinson, Eckhardt, L Foster, England, Glover, Grant, Phillips, Wardle and Whiteley 825 N/A Knew tenant farmer. A member of the council.
Councillor England 822 (i) 06/0235 Knew adjoining landowner who is a council colleague
Councillor England 822 (ii) 06/0794 Member of Messingham Parish Council
Councillor Bunyan 822 (i) 06/0235 Knew the adjoining landowner
Councillor Wardle 821 06/0349 Knew applicant

The following members declared that they had been lobbied –

Member Application Lobbied By
Councillor Wardle 06/0349 Applicant & Agent

820  MINUTESResolved – That the minutes of the proceedings of the meeting held on 23 June 2006 having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

821  (16) APPLICATION DEFERRED FROM PREVIOUS MEETING – 06/0349 by Mr and Mrs M North for the conversion of buildings  to a single – storey building  on buildings adjacent to Llamados, Jerich Lane, East Halton – in accordance with the decision at the previous meeting, members had undertaken site visits the day prior to the meeting.  The Head of Planning and Regeneration submitted reports and updated them orally.

Moved by Councillor Wardle and seconded by  Councillor Eckhardt  –

That permission be granted.

Motion Lost

Moved by Councillor Whiteley and seconded by Councillor Collinson

That permission be refused in accordance with the recommendation contained in the report

Motion Carried

822  (17) 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)  06/0235 by E Park and Sons Ltd for the deposit of soil from an adjacent potato washing facility to form earth banks and the creation of a hardcore roadway on land adjacent to E Park & Sons Ltd, West End Road, Epworth.

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

(ii)  06/0794 by Mr D Mason for the erection of 3 stables and a tack room on land off Kirton Road, Messingham

Resolved  – That permission be granted in accordance with the recommendation contained in the report, subject to the deletion of condition 3 and to an additional condition, as requested by English Nature relating to drainage.

(iii)  06/0809 by Mr and Mrs C Roche for the conversion of a existing barn to a house with extensions at first floor, erection of a detached garage and construction of an access at barn adjacent to Westlands, 33 Main Street, Horkstow.

Prior to consideration of this application, an objector addressed the committee. She was concerned that there was insufficient space between the building and her own property. It would also lead to a loss of privacy and to overlooking of her house. It would adversely affect the setting of a grade 2 Listed Building. Trees and hedges would have to removed . No permission had been sought from the objector to use her driveway.

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

(iv)  06/0832 by Mr and Mrs Drury for the erection of a dwelling, including the demolition of existing barns at Braiton Cottage, Bracon, Belton.

Councillor Holgate, attending the meeting in accordance with the provisions of Procedure Rule 37(b) spoke on this item.

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

823  (18) 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.

824  (19) CHANGES TO THE DEVELOPMENT CONTROL SYSTEM  – The Head of Planning and Regeneration submitted a report informing members of changes to the development control system brought about by the Planning and Compulsory Purchase Act 2004.

Circular 01/2006 had been issued by the Department for Communities and Local Government on 12 June 2006 and provided guidance on changes to the operation of the development control system within England and Wales. The circular highlighted five changes to the system which were summarised as follows:

Section 1 related to the power for local planning authorities to make Local Development Orders.

Section 2 provided changes to the outline planning permission process.

Section 3 related to the requirement for the submission of Design and Access Statements to accompany applications for certain types of permission and consent.

Section 4 related to powers to control internal floor space additions, known as mezzanines, within retail developments

Section 5 concerned changes to the decision period for major planning applications from eight weeks to 13 weeks.

The powers relating to Local Development Orders (Section 1), mezzanines (Section 4), and the decision period for major planning applications (Section 5) had come into effect on 10 May 2006. Those provisions relating to Sections 2 and 3 set out above  would come into force on 10 August 2006.

The report outlined the implications of these changes.

Resolved – That the contents of this report be noted and that agents be advised of the proposed changes, particularly relating to the submission of Design and Access Statements to accompany applications for permission and consent from 10 August 2006.

825  (20) PROPOSED CREATION OF A FOOTPATH AT EPWORTH   -The Head of Planning and Regeneration submitted a report seeking authority to create a Public Footpath in Epworth, under section 26 of the Highways Act 1980 and to abandon a previous order which contained incorrect information.

Authority for raising a creation order had been given by the Committee on 26July 2002, (minute 240 refers).The order had subsequently been advertised and had attracted two written objections.

Following further investigations and consultations with the Property Asset Team, the ownership of part of the proposed creation had been found to be on private land.

A revised map of the route had been agreed by the objectors  and verbally by the tenant farmer.

If the current order were not abandoned, the owners of the affected private land would be eligible for compensation, under section 28 of the Highways Act 1980.

It was proposed that the path to be dedicated would be 2 metres wide and would significantly contribute to the visitor management strategy being developed around the Isle of Axholme.

The revised route was wholly on land owned by North Lincolnshire Council.

Resolved –(a) That authority be granted to abandon the existing order creating a footpath at Epworth.; (b) that authority be granted to raise a fresh order to create a footpath at Epworth as shown on appendix one to the report, and  (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 (Isle of Axholme) Definitive Map and Statement.