Planning Committee – 23 June 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 24 May and 2 June (Policy Meeting), 2006 as a correct record and authorise the chairman to sign.

Planning matters

4. Applications deferred from previous meeting for site visits:

  1. 06/0338 by Castle Building Lincoln Ltd for the demolition of existing buildings and erection of 10 residential units at The Garage, Barton Lane, Barrow–upon–Humber.
  2. 06/0339 by Castle Building Lincoln Ltd for Listed Building Consent for the demolition of existing buildings at The Garage, Barton Lane, Barrow–upon–Humber.
  3. 06/0534 for the erection of a single–storey extension and a detached domestic garage to the front of the property, and a two-storey extension to the rear at Eastlea, 10 East Street, Hibaldstow.
  4. 06/0244 by C & R Build for the erection of a pair of semi–detached houses (resubmission of 2005/1870)on land west of 3 Moorland Way, Epworth.

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

6. Enforcement update.

7. Statistics of planning applications.

Public rights of way matters

8. Public Footpath 56, Goxhill.

9. Proposed Diversion of Public Footpath 89, Haxey.

10. Proposed Diversion of Public Footpath 122, West Butterwick.

11. Public Footpath 170, Burton–upon-Stather.

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 items 8 to 11 areavailable on request from Colin Wilkinson, Development Control, Church Square House, Scunthorpe.

Minutes

PRESENT: – Councillor Wardle (Chairman).

Councillors Long (Vice-Chairman), Appleyard, Collinson, Glover, Grant, Kirk, Phillips, Rowson, Stewart and Whiteley.

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

The committee met at Pittwood House, Scunthorpe.

809 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 and prejudicial interests as follows:-

Members
Minute
Application
Nature of Interest
Councillors Appleyard, Glover, Long and Rowson 811 (i) and (ii) 06/0338 & 06/0339 Knew landowner
Councillor Wardle 811 (i) and (ii) 06/0338 & 06/0339 Owner of property & Member of Barrow Parish Council

The following members declared personal interests

Members
Minute
Application
Nature of Interest
Councillors Collinson , Phillips, Stewart & Whiteley 811(i) and (ii) 06/0338 & 06/0339 Knew Owner
Councillor Grant 811 (i) and (ii) 06/0338 & 06/0339 Owner is member of North Lincolnshire Council
Councillor Kirk 811 (i) 06/0338 Owner is a Councillor
Councillor Rowson 812 (v) 06/0726 Knew the applicant
Councillor Wardle 812 (ii) 06/0349 Knew owner

The following members declared that they had been lobbied –

Member
Application
Lobbied By
Councillor Phillips 06/0726 Applicant
Councillor Wardle 06/0349 Applicant and agent
Councillor Wardle 06/0244 Objector

MINUTESResolved – That the minutes of the proceedings of the meeting held on 24 May, and 2 June (Policy Meeting) 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 as follows: –

(i) The addition of Councillor Smith as attending the meeting in accordance with Procedure Rule 37(b);

(ii) Councillor Smith being recorded as speaking on application 06/0268 (Minute 802 (viii));

(iii) Councillors Collinson, Grant, Kirk, Phillips and Whiteley to be recorded as declaring a personal interest in applications 06/0338 & 06/0339 (Minutes 802 (ix) and (x) as they knew the landowner.

810 (8) APPLICATIONS DEFERRED FROM PREVIOUS MEETING – 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.

Councillors Appleyard, Glover, Long, Rowson and Wardle having declared a personal and prejudicial interest in the following items (Minutes 811 (i) and (ii)) left the meeting at this point.

In the absence of the chairman and vice – chairman Councillor Collinson was elected Chair for the following items only. (Minutes 809 (i) and (ii)) refer).

(i) 06/0338 by Castle Building Lincoln Ltd. for the demolition of existing buildings and the erection of 10 residential units at The Garage, Barton Lane, Barrow–upon–Humber.

Resolved – (a) That permission be granted in accordance with the recommendation contained in the report, subject to an additional condition relating to land contamination, and (b) that the Head of Planning and Regeneration write to the applicants requesting that the original cills and headers be reused in the development.

(ii) ) 06/0339 by Castle Building Lincoln Ltd. for the demolition of existing buildings at The Garage, Barton Lane, Barrow–upon–Humber.

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

Councillors Appleyard, Glover, Long, Rowson and Wardle returned to the meeting at this point.

Councillor Wardle resumed the chair.

(iii) 06/0534 by Mr D White for the erection of a single–storey extension and a detached domestic garage to the front of the property, and a two–storey extension to the rear at Eastlea, 10 High Street, Hibaldstow.

Prior to consideration of this application, an objector and the applicant addressed the committee. Whilst the objector welcomed the deletion of the west facing window he still considered that the proposed development would be overbearing. It would virtually double the size of the existing building. The applicant stated that the plot was big enough to accommodate the development. It would be set well back from the front of the plot.

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

(iv) 06/0244 by C & R Build for the erection of a pair of semi–detached houses (re–submission of 2005/1870) on land west of 3 Moorland Way, Epworth.

Prior to consideration of this application, the applicant’s agent addressed the committee. He said that the site was derelict and this proposal would provide much needed affordable housing for Epworth. Parking could be accommodated within the curtilage of the site.

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

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

812 (9) 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) 06/0331 by Mr P Clapson & Miss A M Tuplin, Recreation & Equine Enterprises for the siting of a residential static caravan in connection with recreational fishing and equine business on land at former airfield, Equine Centre, Chapel Field Road, Goxhill.

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

(ii) 06/0349 by Mr and Mrs North for the conversion of buildings to a single –storey dwelling on buildings adjacent to Llamados, Jerich Lane, East Halton.

Prior to consideration of this application, the applicant’s representative addressed the committee. He stated that the applicants had ran a chicken farm for many years but both now suffered from poor health. The development was intended to provide accommodation for their daughter who would then be able to care for them.

Resolved – That consideration of this application be deferred and that members undertake a site visit.

(iii) 06/0477 by Mrs J Lewin for the erection of a single – storey rear extension at 4 Dudley Road, Brigg.

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

(iv) 06/0513 by Mr T Sleight for the variation of Condition 1 of permission 05/1247 for the construction of a detached dwelling to allow the repositioning of the vehicular access at Pear Tree Farm, Johnson Lane, Crowle.

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

(v) 06/0726 by Mr A Pearson for the erection of an extension to form a dwelling and garage (re–submission of 2006/0313) at 14 Southfield Road, Winterton.

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

813 (10) 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.

814 (11) STATISTICS OF PLANNING APPLICATIONS – JANUARY – DECEMBER 2005 – The Head of Planning and Regeneration submitted a report informing members of members of the council’s performance in handling planning applications during 2005, together with a comparison between the annual performances of 2004 and 2005.

The main criteria used when examining performance was the length of time taken to decide planning applications.

The report indicated that the improvement in overall performance over the last two years had been maintained during the last calendar year.

During 2004 the council had determined a total of 2,103 planning applications of which 78% were within 8 weeks whereas during 2005 this number was slightly lower at 1,874 and the determination rate had been maintained at 78%.

The three categories of application under which local authority planning performance were measured were ‘major’, ‘other’ and ‘minor’ applications. For the ‘major’ applications category the percentage of applications determined within 13 weeks in the year 2004 was 57% whereas during the year 2005 this had been 55%. Significant improvements had been made within the ‘other’ and ‘minor’ applications categories. The percentage of ‘other’ applications determined within 8 weeks for 2004 stood at 80% and this had now risen during the last year to 84%. A significant increase in the ‘minor’ applications category had been achieved with a rise from 64% within 8 weeks to 72%.

The impressive improvement in overall development control performance over the last two years was due to the introduction of a number of procedural and practice changes within the team. These changes had taken into account a number of the issues raised following advice from outside consultants on the procedures and practices undertaken in the processing of planning applications, together with the provision of more staff resources.

Resolved – (a) That the contents of this report be noted, and (b) that the development control team be congratulated on their continued improvement in overall performance level over the last year.

815 (12) PUBLIC FOOTPATH 56, GOXHILL – The Head of Planning and Regeneration submitted a report seeking approval to correct an anomaly in respect of Public Footpath 56, Goxhill, as it appeared on the definitive map.

Public Footpath 56 ran in a roughly north-to-south direction over a distance of approximately 840 metres between Gatehouse Road and College Road via Hallands Field Farm.

The definitive map, prepared in the 1950s and 1960s by Lindsey County Council, showed Public Footpath 56 as running to the west of an adjacent north-to-south boundary south of Hallands Field Farm and to the east of this north-to-south boundary north of Hallands Field Farm. However there was evidence that the depiction should be of a footpath to the west of the boundary throughout.

Resolved – (a) That two modification orders be made under section 53 of the Wildlife and Countryside Act 1981 in respect of the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement”, one to add a public footpath, the other to delete a public footpath, the latter to be made only after the former has been confirmed, and (b) that should objections be made to either of the orders a further report be presented to this committee.

816 (13) PROPOSED DIVERSION OF PUBLIC FOOTPATH 89 HAXEY – The Head of Planning and Regeneration submitted a report seeking approval to divert part of Public Footpath 89, Haxey.

The applicant had signed an agreement to defray all costs in the making and advertising of the diversion order and the advertising of the confirmation order, as well as any compensation which might become payable under section 28 of the Highways Act 1980.

The width of the new route would be 2 metres.

It was considered expedient to divert the path in the interest of the landowner.

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, 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.

817 (14) PROPOSED DIVERSION OF PUBLIC FOOTPATH 122 WEST BUTTERWICK – The Head of Planning and Regeneration submitted a report seeking approval to divert part of Public Footpath 122, West Butterwick.

A pumping station and its perimeter fencing currently obstructs the definitive line of the path. The land over which the proposed diversion would run was in private ownership. However, the landowner had agreed to the proposed diversion, providing the Axholme Internal Drainage Board paid compensation.

The Axholme Internal Drainage Board had agreed to compensate the landowner.

A section of Public Footpath 122 had been diverted by side roads order during the nineteen seventies (the M180 South Humberside Motorway (Beltoft – Scunthorpe Section Side Roads Order 1976)) to facilitate the construction of the M180 Motorway. The pumping station was believed to have been built at the same time as the path was diverted to assist in the drainage of and land adjacent to the motorway.

If the proposed diversion were to be confirmed, this would reconcile a long-term problem inherited from the former Humberside County Council.

It was considered expedient to divert the path in the interest of the landowner.

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, 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.

818 (15) PUBLIC FOOTPATH 170, BURTON UPON STATHER – The Head of Planning and Regeneration submitted a report seeking approval to remedy a drafting error in the County of Lincoln.

When superimposed upon modern mapping of like scale, Public Footpath 170 appeared to pass through properties situated on the north side of Hillcrest Drive and three or four at the start of Normanby Road, too.

What was probably the correct line of the footpath physically existed along the outside northern perimeter of the properties on the north side of Hillcrest Drive.

Historical Ordnance Survey maps supported the contention that the definitive line of Public Footpath 170 was an error.

Resolved – (a)That two modification orders be made under section 53 of the Wildlife and Countryside Act 1981 in respect of the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement”, one to add a public footpath, the other to delete a public footpath, the latter to be made only after the former has been confirmed., and (b) that should there be unresolved objections to either order a further report be submitted to the committee.