northlincs.gov.uk

PRESENT: Councillor Collinson (Chair).

Councillors Armitage, Barker, B Briggs, Bunyan, Carlile, Eckhardt, Grant, C Sherwood, Swift, Wardle, Wells and Whiteley.

The committee met at Pittwood House, Scunthorpe.

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

The following members declared personal interests:

The following members declared that they had been lobbied: –

998 MINUTES – Resolved – That the minutes of the proceedings of the meetings held on 2 January and 4 January (Policy Meeting) 2008 having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

999 (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 Service Director Highways and Planning submitted reports and updated them orally.

(i) 07/1724 by Mrs M Drury for the change of use of a residential bungalow into a day care nursery and erection of a conservatory to the south elevation at 2 Wesley Road, Brigg.

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

(ii) 07/1726 by Mrs M Drury for advertisement consent to display a non-illuminated hoarding sign (re-submission of PA/2007/1091) at Roselea, 2 Wesley Road, Brigg.

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

(iii) 07/1844 by Mr G Hodge for outline permission for the erection of a two-storey dwelling with access not reserved for subsequent approval at Holme Farm, Main Street, Gunthorpe, Owston Ferry.

Prior to consideration of this application the applicant’s agent addressed the committee. She stated that the site was in the centre of the village and the development would cause no harm to its setting.

Members considered that, whilst the proposal was contrary to policy, the site was a natural infill plot and would improve the street scene.

Resolved – That permission be granted subject to standard outline conditions, conditions requested by the Highways Team and conditions relating to a flood risk assessment and disposal of foul and surface water disposal.

1000 (65) PLANNING APPLICATIONS – The Head of Planning 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) 07/1625 by Mr and Mrs R Johnson for the resubmission and amendments to the change of use of existing outbuildings with associated alterations and extensions to form café with associated farm displays and walking areas and siting of a portable building to be used as a temporary farm shop at The Granary, Medley Farm, Carrhouse Road, Belton.

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

The applicant’s representative stated that the permission previously granted for the site provided for a wooden framed building. However he considered that a modular building would be more suitable. There was ample car parking provision. The objectors had exaggerated the number of car journeys that the proposal would generate. The proposal would be a valuable community facility.

The objector stated that the position of the access and egress had been changed from the previously approved plans. The hedge that had been planted had not had sufficient time to grow to a size that would provide adequate screening. The access was only 4 metres away from the objector’s home. The proposal would result in a minimum of 200 car visits per week.

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

(ii) 07/1632 by Agrimin Ltd for permission to erect an extension to factory at Plot 11c, The Flarepath, Elsham.

Prior to consideration of this application the applicant addressed the committee. He stated that the objections received to the application had been made on the basis of principle, rumour and presumption. The development would have a minimal effect on the sewage system as the process would be automated and would not result in the employment of any further staff.

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

(iii) 07/1657 by Mr N Smith for outline permission to erect 4 link houses and 4 flats (layout, scale, access and landscaping not reserved for subsequent approval) at rear of 294 to 300 Ashby High Street, Scunthorpe.

Prior to consideration of this application a representative of an objector addressed the committee. She stated that, whilst he had no objection in principle to the development, the communal entrance on the west side of the proposed development would be very close to his bedroom. She asked if the entrance could be relocated further to the west and the wall to the east be extended by approximately 12 metres. She also suggested that a security system should be installed.

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

(iv) 07/1687 by The Ark for advertisement consent to retain non-illuminated signs on front and side elevation at The Ark, 52 West Street, Winterton.

Resolved – That consent be granted in accordance with the recommendation contained in the report.
(v) 07/1760 by Mr and Mrs Stonier for the erection of a two-storey side and rear extension at 28 Windsor Road, Crowle.

Prior to consideration of this application a representative of the applicants addressed the committee. She stated that the proposal had been designed to reduce impact on the neighbouring property. The effect on the neighbour when applying the “30 degree rule” would be minimal.

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

(vi) 07/1833 by Mr M Taylor for the erection of an extension to an existing bungalow to form a two-storey dwelling and an extension to the side to form an attached garage with accommodation above at 10 Mowbray Street, Epworth.

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

(vii) 07/1882 by Mr G Simon for outline permission for the erection of a dwelling with associated garage, including demolition of existing garage (layout, design and access not reserved for subsequent approval) at 16 Main Street, Horkstow.

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

(viii) 07/1895 by Mr and Mrs G Redfern for the erection of a conservatory to rear, new roof over utility and 1.7m brick wall with 1.8m piers to the front boundary at 5 Queen Street, Epworth.

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

(ix) 07/1916 by Keigar Homes Ltd for alterations to plot 1 and change house types to plots 3 and 4 including garaging, driveways and landscaping works currently approved under 2007/0077 at Tallan, Coronation Road, Ulceby.

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

1001 (66) ENFORCEMENT UPDATE – The Head of Planning 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.

1002 (67) RESIDENTIAL DEVELOPMENT IN GOXHILL – The Head of Planning submitted a report advising of issues relating to the granting of new planning permissions for residential development within Goxhill, particularly sewerage and drainage within the settlement.

Following the heavy rainfall that occurred during June and July 2007 a number of meetings had been held with individual parish councils to discuss the implications of the flooding that occurred and the issues that needed to be addressed to ensure that future problems were minimised or eliminated.

Officers had met a number of parish councils, including Goxhill, to listen to and give advice upon issues that needed to be resolved with respect to surface water flooding that had occurred within individual parishes. As a result of the discussion held with the parish council, it was apparent that there was a particular issue within Goxhill relating to the foul drainage capacity within the village. As the village was on a combined system this had led, with the extra surface water run-off, to severe problems within the village.

Meetings had also been held with Anglian Water (as the sewerage agency responsible for the Goxhill area) which had accepted that there was a particular issue within Goxhill that needed to be addressed. Anglian Water was currently reviewing the issues surrounding flooding in and around the village with a view to submitting a report to its Board during March/April 2008 to identify where and how the problems that occurred could be avoided in the future. Issues within Goxhill were, according to Anglian Water, complex and might be due to overall sewerage capacity and not merely the rate of surface water run-off.

In view of the fact that Goxhill had particular problems with sewerage capacity that needed careful investigation, it was suggested that applications fur further residential development should be refused unless the developer could demonstrate to the satisfaction of the local planning authority, in consultation with Anglian Water, that the sewerage problems could be satisfactorily overcome.

Since the adoption of the North Lincolnshire Local Plan in 2003, the government has published PPS 25 on Development and Flood Risk. The policies contained in the PPS should be regarded as material planning considerations which supersede the policies in the local plan. PPS 25 advised that planning applications should be supported by site-specific flood risk assessments and that local planning authorities should ensure that all new development in flood risk areas was appropriately flood resilient and resistant.

Anglian Water were currently investigating the sewerage capacity and surface water run-off within Goxhill. Until the results of the survey were fully known and the implications for the future fully understood, it would be impossible to properly determine applications in the settlement of Goxhill.

The most practicable way of dealing with this issue was to put a temporary moratorium on new build until Anglian Water had completed its investigation. Applications for approval of reserved matters for residential development would not be subject to this restriction as it was not possible for the council, as local planning authority, to prevent approval of applications for reserved matters where outline planning permission has already been granted. This proposed restriction would only apply to the parish of Goxhill and would only be for a temporary period pending receipt of a review of the sewerage system from Anglian Water.

In response to questions from members, the head of Planning and the Service Director Legal and Democratic emphasised that each application would be considered on its merits and that if a developer was able to demonstrate that the problems could be overcome the application may well be granted.

Resolved -. (a) That in determining planning applications for outline or full planning permission for residential development within the defined development boundary for Goxhill, the council should consider refusing such applications on the basis that the settlement has been subject to severe flooding, potentially as a result of sewerage capacity issues. Until such time as Anglian Water has investigated and reported upon the issues surrounding sewerage capacity, it is considered inappropriate to grant further residential permissions which could exacerbate the existing drainage and flooding issues within the settlement; (b) that Anglian Water and Goxhill Parish Council be advised of this policy decision, and (c) that the moratorium on new residential development be reviewed by the Planning Committee when the results of Anglian Water’s sewerage and drainage survey are known.

1003 (68) BEST VALUE PERFORMANCE INDICATOR 204 – PLANNING APPEALS – The Head of Planning submitted a report advising of the council’s performance in relation to the defending of appeals.

Best Value Performance Indicator (BVPI) 204 related to the determination of planning appeals by councils. Under the provisions of the BVPI the council’s performance was monitored to ensure that not more than 30% of decisions against refusal of planning permission were allowed following the lodging of an appeal. Information on all planning appeals is recorded on the council’s electronic planning database and on a quarterly basis a report was run to show how well the council had performed. Certain types of appeals were not recorded for the purpose of this BVPI. These included applications such as advertisements, conservation area consents, tree preservation orders and prior notification applications for agricultural buildings.

The BVPI was monitored locally and by the Audit Commission and the figures had been used in connection with the Comprehensive Performance Assessment (CPA).

The report contained information on the performance for 2007. In particular it highlighted the importance of determining planning applications with appropriate reasons for refusal that were carefully considered and appropriately worded.

Resolved – That the report be noted.

1004 (69) PROPOSED CREATION OF A PUBLIC FOOTPATH 53A, EPWORTH – Further to Minute 825, the Service Director, Highways and Planning submitted a report seeking approval to refer an objected to order to the Secretary of State for confirmation.

The order had been made on 29 August, 2007 and duly advertised. Five objections had been received. None of the objectors had been prepared to withdraw their objections. The objections were appended to the report which responded to the issues raised therein.

The committee was required to decide whether to submit the Order to the Secretary of State or to revoke the Order.

Resolved – (a) That the creation order be sent to the Secretary of State for determination, with a recommendation that the order be confirmed as made; and (b) that if the order is confirmed, a further order be made under section 53 of the Wildlife and Countryside Act 1981 adding it to the definitive map and statement.

1005 (70) PUBLIC FOOTPATH, CHURCH STREET – KING STREET, GOXHILL “COUNTY OF LINCOLN – PARTS OF LINDSEY (GLANFORD BRIGG) DEFINITIVE STATEMENT” – The Service Director, Highways and Planning submitted a report asking the committee to determine an application made by Goxhill Parish Council to modify the Definitive Map and Statement in respect of a route between Church Street and King Street, Goxhill.

An application for modification to the Definitive Map had been received by the applicant, Goxhill Parish Council to add a route, as shown on an appendix to the report, to the Map.

A total of ten evidence-of-use forms had been received in support of the application. Five of these related to a period of use of at least 20 years.

Although it was apparent that a route running between Church Street and King Street had been used over a number of years, there did not appear to be one defined start/finish point on King Street. The evidence submitted indicated that there were a number of commencement/termination points within the shaded area, shown at Appendix 2 to the report, depending upon the approach/destination. In order that an application for a public right of way be successful, there must be a precisely defined route followed by the public.

The applicant had no further supporting evidence to show the specific route, subject of the application, was the only one used.

Resolved – That the application by Goxhill Parish Council to modify the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Statement” be declined on the grounds that the evidence presented fails to show one established route.

1006 (71 ) APPLICATION FOR REGISTRATION OF A TOWN GREEN AT KENILWORTH ROAD, SCUNTHORPE – The Service Director, Highways and Planning submitted a report in to determine whether or not the area known as Kenilworth Green should be added to the Commons Register for Town and Village Greens.

The report set out the legal background to the application and appended eighteen letters in support of the application.

Resolved – That the area delineated in Appendix A to the report be registered as a Village Green.