Planning Committee – 28 February 2007

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 31 January 2007 as a correct record and authorise the chairman to sign.

Planning matters

  1. Applications deferred from previous meeting for site visit.
  2. Planning and other applications for determination by the committee.
  3. Applications for approval of reserved matters.
  4. Enforcement update.

Public rights of way matters

  1. Reports for determination by the committee.

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

Note:

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

Minutes

PRESENT: – Councillor Wardle (Chairman).

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

Councillors Holgate, and Stewart attended the meeting in accordance with Procedure Rule 37(b).

The committee met at Pittwood House, Scunthorpe.

886 DECLARATIONS OF PERSONAL OR 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 : –

Member
Minute
Applications
Nature of Interest
Councillor Glover 889 (iv) 2006/0954 Member of Broughton Town Council

The following members declared personal interests : –

Members
Minute
Applications
Nature of Interest
Councillor Wardle 889 (v) 2006/1495 May know applicant
890 (i) 2006/1534 Member of Barrow Parish Council
Councillor Bunyan 889 (iii) 2006/0744 Member of Broughton Town Council
Councillor Collinson 889 (ix) 2006/0040 Knew applicant
Councillor Eckhardt 888 (i) 2006/1800 Member of Haxey parish Council
888 (ii) 2006/1045 Member of Haxey parish Council
Councillor Kirk 889 (iv) 2006/0954 Knew Speaker
Councillor Phillips 889 (iv) 2006/0954 Member of Lincolnshire Wildlife Trust
Councillor England 889 (xi) 2007/0092 Application within own parish

The following member, attending the meeting in accordance with Procedure Rule 37(b), declared the following personal interests –

Member
Minute
Application
Nature of Interest
Councillor Holgate 888 (i) 2006/1800 Member of Haxey Parish Council
888 (ii) 2006/1045 Member of Haxey Parish Council
889 (viii) 2007/0028 Knew landowner
889 (ix) 2007/0040 Knew applicant and member of Epworth Town Council

The following members declared that they had been lobbied: –

Members
Application
Councillor Glover 2006/0954
Councillor Bunyan 2006/0744
Councillor Wardle Footpath 5, Alkborough
Councillor England Footpath 5, Alkborough

887 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 31 January 2007, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman, subject to the correction of the numbering and amendment to Councillor Eckhardt’s declaration of interest on item 2006/1940 being attributed to Councillor England.

888 (64) APPLICATIONS DEFERRED FROM PREVIOUS MEETING –In accordance with the decisions at the previous meeting, members had undertaken site visits on the morning of the meeting. The Head of Planning and Regeneration submitted reports and updated them orally.

(i) 06/1800 by Mr S Kelly for the erection of a two storey and a single storey extension and a conservatory to the rear at Marland House, Haxey Road, Low Burnham.

Prior to consideration of this application an objector addressed the committee. The objector was concerned that there were unresolved matters relating to a right of way and access to properties, and sought a resolution to these before the granting of the permission.

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

Councillors Stewart and Holgate had no objection to the proposed extension in principle, but both had sympathy for the objector’s concerns regarding the foopath, and asked if it was possible for a condition to be applied to the permission.

The Head of Planning and Regeneration stated that Rights of Way conditions would not be in accordance with planning regulations and the matter would be for the individuals concerned to resolve.

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

(ii) 06/1045 by Mr M Hall for planning permission to retain a boundary wall (amended plan received 07/09/2006 to provide sight lines for vehicles; further amended plan received 18/12/2006), at Orchard Wells, Main Street, Graiselound, Haxey.

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

The applicant stated that after discussion with planning and highways officers a 2m splay had been agreed. The 600 mm wall could be increased to 750 mm, there was a street light in the vicinity and the applicant did not feel that there were any problems with safety or visibility.

The objector had concerns regarding visibility and safety for pedestrians and traffic, and regarding loss of light and privacy to his own property.

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

Councillor Holgate sought confirmation that highways officers were satisfied with the splay.

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to the word ‘railings’ in condition 2 being changed to read ‘timber fencing’.

889 (65) 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) 06/0464 by Investorin Ltd for planning permission to convert a former mill to 50 residential apartments and to erect a three storey building for use as domestic garages at ground floor level with commercial office space and storage at first and second floor level, at Gleadells Mill, Station Road, Kirton in Lindsey.

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

(ii) 06/0588 by Techrete UK Ltd for planning permission to retain a gantry crane, at Techrete, Station Road, Hibaldstow.

The Head of Planning and Regeneration updated the meeting with regard to the location plan and the current site of the old crane. The applicant had requested that a further three months be allowed for the painting of the crane.

Resolved – That permission be granted in accordance with the recommendation contained in the report subject to an amendment to condition 1, that 12 months be allowed for the painting of the crane.

(iii) 06/0744 by Scawby and South Ferriby Estate Company for outline planning permission to erect three dwellings including the demolition of disused school buildings at South Ferriby County School, School Lane, South Ferriby.

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

The objector was concerned that access to neighbouring properties could be adversely affected, that an old tree may be lost, and that the plot was too small for three dwellings with associated access and garages. She stated that the school had been bequeathed to the village by the Nelthorpe Trust, villagers did not want to lose part of their heritage and would prefer to see the building converted into residential accommodation rather than demolition.

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

Councillor Glover, having declared a personal and prejudicial interest left the meeting for consideration of the following item.

(iv) 06/0954 by Q Hotels for planning permission to change the use of woodland to a golf course and make alterations to the existing golf course, on land north of Forest Pines Golf Club, Ermine Street, Broughton.

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

The agent stated that the issues of conservation and tourism were not in conflict with each other and that management of the woodland by the golf course would be better than its natural state, which was dark and gloomy and not conducive to wildlife.

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

Councillor Glover returned to the meeting.

(v) 06/1495 by JHP for planning permission to erect three detached two storey dwellings and domestic garages, and construct access onto High Street, on land adjacent 95 High Street, Wootton.

Resolved – That permission be granted in accordance with the recommendation contained in the report subject to the re-siting of the existing weighbridge before the proposed dwellings at plots one and two are occupied.

(vi) 06/1749 by Mr Da Costa for planning permission to erect a wind turbine at an existing dwelling, at 23 Ashfield Court, Crowle.

Prior to consideration of this application the applicant addressed the committee.

The applicant stated that the statistics from the manufacturer of the wind turbine quoted a volume of 45 decibels at a distance of one metre which decreased at greater distances. The applicant’s nearest neighbour was eight metres away and had no objections.

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

Councillor Holgate noted that in the current sense of awareness on climate change there may be many more applications for domestic wind turbines and it was important to get the decisions right.

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

(vii) 06/1935 by Mr and Mrs J Brumby for outline planning permission to erect a two storey detached dwelling (siting and access not reserved for subsequent approval) (resubmission of 2006/1347), on land west of Church Street, Elsham.

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

(viii) 07/0028 by Beal Developments Ltd for planning permission to erect 10 houses (two blocks of three terraced houses and one block of four terraced houses), on land adjacent 42 Eastoft Road, Crowle.

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

The objector was concerned that the proposed development was of too high a density for the area and would not be in harmony with the surroundings. He stated that the vehicular access would be a problem in heavy traffic, neighbours were against the removal or cropping of any trees, there was a problem in the area with surface water drainage, the bungalow next door would be overshadowed and there was a fear that the proposed secluded car park would encourage anti-social behaviour.

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

(ix) 07/0040 by Mr S Goulding for planning permission to retain a garden fence and gate on the northern side of the property, at 1 Melwood View, Epworth.

Prior to consideration of this application the applicant addressed the committee.

The applicant apologised for the application being retrospective and cited mitigating circumstances. He stated that the new fence obscured no more than the shrubs that it had replaced. There were other fences in the area and there was no detraction of character.

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

(x) 07/0045 by Ward Roofing for planning permission to erect an extension to an existing workshop and change the use to hauliers, at Ward Roofing, Cleatham Road, Kirton in Lindsey.

Resolved – That permission be granted in accordance with the recommendation contained in the report subject to additional conditions regarding landscaping to the north and east and that no floodlights be installed without a further planning application.

(xi) 07/0092 by Mr N Gouldthorpe for planning permission to erect a conservatory, at 71 Brigg Road, Messingham.

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

890 (66) APPLICATIONS FOR APPROVAL OF RESERVED MATTERS FOLLOWING THE GRANT OF OUTLINE PERMISSION – The Head of Planning and Regeneration submitted reports 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 developments (excluding any of these matters which were expressly approved at the time outline permission had been granted).

(i) 05/1534 by D J Prescott Builders Ltd for approval of reserved matters following outline planning permission reference 2004/2074 dated 10/01/2005 for the erection of a detached house and garage – amendment to show ground level of the new house as built, at High Chimneys, 4 Park View Close, Barrow on Humber.

Prior to consideration of this application an objector and the developer’s agent addressed the committee.

The objector stated that the ground level conditions of the planning permission had not been met, the floor level had been agreed but had then been changed. A hedge had also been removed and the objector requested that a brick wall be built as on another property, to prevent overlooking.

The agent for the developer stated that it had never been intended for the property to be at the same level as its neighbour and an extra height of 0.7 metres was agreed. The actual height was now 0.88 metres so the dispute was about a difference of 0.18 metres. Approval had been sought to trim the existing hedge but the trim was too severe and a new laurel hedge had been planted and fence panels erected. The other brick wall that had been erected was a retaining wall.

Resolved – That consideration of this application be deferred pending further discussion.

(ii) 06/1941 by Mr and Mrs Woods for approval of reserved matters pursuant to outline planning permission 2004/0514 dated 21/05/2004 for the erection of a detached house with loft accommodation and a detached double garage, on Plot 1, land opposite the Nags Head, Thornton Road, Wootton.

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

891 (67) 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.

892 (68) PUBLIC FOOTPATH 5, ALKBOROUGH – The Head of Planning and Regeneration submitted a report seeking to remedy a drafting error in the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement”.

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

The objector stated that he had lived in Alkborough all his life and that there were no problems with the footpath as it was now used. He felt that the proposed 1.80 metre width was unnecessary and that 1.22 metres was adequate. The proposed modifications to the definitive map would cause many problems. There was new information within the report that had not been seen before the meeting, and time to digest this would be welcomed.

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

893 (69) WHITTON RIVERBANK TO WINTERINGHAM HAVEN, AND THE DISUSED RAILWAY, WHITTON TO BOOTH NOOKINGS LANE, WINTERINGHAM – The Head of Planning and Regeneration submitted a report seeking consideration of two applications with respect to public bridleways at Whitton.

Mrs S Drayton had submitted two applications to the council under Section 53(5) of the Wildlife and Countryside Act 1981, to add sections of 4,430 metres and 1,148 metres to public bridleway to the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement”.

Evidence of use had been collected, however it was considered that this was insufficient to support the application.

Resolved – That the applications by Mrs Drayton be declined on the basis of there being insufficient evidence.

894 (70) PUBLIC FOOTPATH 39B, BARTON ON HUMBER – The Head of Planning and Regeneration submitted a report seeking approval to modify the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement”.

On 13 July 2006 G.W. Proudfoot Limited entered into a Dedication Agreement with North Lincolnshire Council irrevocably dedicating a strip of land on the West side of Maltkiln Road, Barton upon Humber for use by the public for the purpose of a footpath.

The footpath was already laid out on the ground and in use by the public.

The footpath linked the Waters’ Edge Country Park with Proudfoot’s supermarket car park. In order that walkers might have a through-route, Proudfoot’s had also granted the public licence to pass and repass over the car park, subject to a right to terminate following the serving of six months’ written notice on North Lincolnshire Council.

Resolved – That approval be given to modify the definitive map and statement by adding a public footpath at The Ropewalk, Barton upon Humber.

895 (71) DEDICATION OF PUBLIC RIGHT OF WAY, PLAYING FIELD, BARNETBY LE WOLD – The Head of Planning and Regeneration submitted a report seeking approval to enter into an agreement with a private landowner to create a public footpath and to make an order modifying the definitive map and statement in consequence of that agreement.

A landowner in Barnetby le Wold had stated his willingness to enter into an agreement with North Lincolnshire Council under section 25 of the Highways Act 1980 to create a public footpath commencing at the southern end of a public highway known as Silver Street, proceeding in a south-easterly direction along the northern boundary of Barnetby le Wold playing field to the junction of Public Bridleway 145 and Public Footpath 296.

Resolved –That approval be given to (i) North Lincolnshire Council entering into an agreement with Barnetby le Wold Parish Council, the owner of the land in question, to create a public footpath pursuant to section 25 of the Highways Act 1980 over that owner’s land, and (ii) the making of an order under section 53(2)(b) of the Wildlife and Countryside Act 1981 to add the footpath created by agreement at Barnetby le Wold Playing Field to the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement”.