Planning Committee – 29 April 2009

Chair: Councillor Collinson
Venue: The 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 1 April 2009 as a correct record and authorise the chair to sign.
  4. Applications deferred from previous meeting for site visits.
  5. Major planning applications for determination by the committee.
  6. Planning and other applications for determination by the committee.
  7. Applications for approval of Reserved Matters.
  8. Enforcement update.
  • Any other items, which the chair decides are urgent, by reasons of special circumstances, which must be specified.

Note: All reports are by the Head of Planning unless otherwise stated.

Minutes

PRESENT:  Councillor Collinson (Chair).

Councillors Armitage, Bainbridge, Barker, B. Briggs, Bunyan, Eckhardt, England, Gosling, Grant, C. Sherwood, Wardle and Whiteley.

Councillors J Briggs, Poole Mrs Redfern, Regan, Smith and Waltham attended the meeting in accordance with the provisions of Procedure Rule 1.37 (b)

The committee met at Pittwood House, Scunthorpe.

1130  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 Application Nature of Interest
Cllr B. Briggs 1133(ii) 08/1709 Daughter employed by applicants

The following members declared personal interests: –

Members Minute Applications Nature of Interest
Cllr Armitage 1133(ii) 08/1079 Member of Gunness Parish Council
Cllr B Briggs 1132  (i) 09/0194 Knew applicant
Cllr Bunyan 1133 (i) 08/0900 Knew landowner
Cllr Collinson 1134 (vi) 09/0239 Member of Bottesford Town Council
Cllr Eckhardt 1133 (i) 08/0900 Knew landowner
Cllr Eckhardt 1132 (i) 09/0194 Treasurer of the Wesley Memorial Monument Trust
Cllr England 1133 (i) 08/0900 Knew owner of land the subject of the application
Cllr Gosling 1133(ii) 08/1079 Member of Gunness Parish Council
Cllr Grant 1134 (vi) 09/0239 Member of Bottesford Town Council
Cllr C. Sherwood 1133 (i) 08/0900 Knew applicant
Cllr Wardle 1133 (i) 08/0900 Knew landowner
Cllr Whiteley 1134 (vi) 09/0239 Member of Bottesford Town Council

The following member, attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b), declared the following personal and prejudicial interests-

Members Minute Applications Nature of Interest
Cllr J Briggs 1134 (ii) 09/0136 Member of North Lincolnshire homes Board
Cllr J Briggs 1134 (iv) 09/0176 Member of North Lincolnshire homes Board
Cllr J Briggs 1134 (v) 09/0177 Member of North Lincolnshire homes Board

The following members attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) declared personal interests –

Members Minute Applications Nature of Interest
Cllr J Briggs 1133 (i) 08/0900 Knew landowner
Cllr Mrs Redfern 1132 (i) 09/0194 Knew applicant
Cllr Mrs Redfern 1133 (i) 08/0900 Knew landowner
Cllr Mrs Redfern 1133 (iii) 08/1716 Member of Belton Parish Council
Cllr Regan 1133 (i) 08/0900 Lived in line of sight of proposed development
Cllr Waltham 1133 (i) 08/0900 Knew landowner

The following members declared that they had been lobbied:

Members Minute Application/Item
Cllr Bainbridge 1133 (i) 08/0900
Cllr B Briggs 1132 (i) 09/0194
Cllr B Briggs 1133 (i) 08/0900
Cllr Bunyan 1133 (i) 08/0900
Cllr Bunyan 1133 (ii) 08/1709
Cllr Eckhardt 1133 (i) 08/0900
Cllr Collinson 1133 (i) 08/0900
Cllr England 1133 (i) 08/0900
Cllr Gosling 1133 (ii) 08/1709
Cllr Grant 1133 (i) 08/0900
Cllr Grant 1133 (ii) 08/1709
Cllr C Sherwood 1133 (i) 08/0900

The following members, attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) declared that they had been lobbied: –

Members Minute Application/Item
Cllr Poole 1133 (ii) 08/1709
Cllr Regan 1133 (i) 08/0900
Cllr Waltham 1133 (ii) 08/1709
Cllr Mrs Redfern 1132 (i) 09/0194

1131  MINUTESResolved – That the minutes of the proceedings of the meeting held on 1 April 2009 having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

1132  (71) APPLICATION DEFERRED FROM PREVIOUS MEETING – 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 submitted a report and updated it orally.

(i) 09/0194 by Mr H E Brinkley, Brinkley Homes for erection of five town houses (re-submission of 2008/0479) on land adjacent to The Mowbray Arms, Albion Hill, Epworth.

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

The objector stated that the site was on the Wesley Heritage Trail. The development would have the appearance of one huge residence and would be out of keeping with the locality. Five mature trees had been removed from the site without any compensatory replanting. The development would have a detrimental effect on the environment of older people in the nearby bungalows. There was inadequate car parking provision and cars would therefore be parked on the road causing potential problems for waste collections and the emergency services.

The applicant stated that permission had been granted twice before but these permissions had lapsed. The proposed development would be 20 metres away from the property at the rear of the site. Overshadowing would only occur in November and December. There would be no overshadowing of the bungalow at the rear. There had been no changes in circumstances since the previous approval.

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

1133  (72) MAJOR PLANNING APPLICATIONS – The Head of Planning submitted a report incorporating a schedule containing details of major applications for determination by the committee including summaries of policy context, representations arising from consultation and publicity and assessment of the applications.

(i) 08/0900 by Grange Wind Farm Ltd for the siting of 7 wind turbines and associated hardstandings, tracks, anemometry mast, switchgear house and underground cables on land adjacent to Flixborough Grange Farmhouse, Burton–upon–Stather.

Prior to consideration of this application, five objectors, a representative of the applicants and a supporter of the application addressed the committee.

The objectors referred to the Environmental Statement (ES) submitted with the application The ES stated that the magnitude of change would be substantial and the turbines would become a defining characteristic of the landscape. The development would have a major impact on local residents. The photomontage submitted by the applicants was misleading. The turbines would be sited too close to residential properties.

The committee should consider the depth of public feeling. Ninety per cent of Burton residents were opposed to the development. The peaceful countryside in the area was already compromised by the nearby Speedway track and the Bagmoor windfarm. This development would lead to the villages of Flixborough and Burton being flanked to both the west and east by turbines. The turbines would be 126 metres high – twice the height of any other structures in the locality and the nearest ones would only be 110 metres away from the nearest dwellings and less than a mile from the local school. The turbines would discourage tourism.

It was suggested that the noise survey contained a number of errors and omissions and failed to reflect local topography. The location of the noise monitoring station was unknown. Targets for renewable energy in the area had been set in 2004 and North Lincolnshire had already exceeded its target.

The objectors questioned the figures submitted by the applicants for the amount of energy that the proposal would generate and the amount of greenhouse gas emissions that would be saved by avoiding generation by burning fossil fuels.

The applicant stated that the officer’s report was comprehensive. The company was a trusted and conscientious developer that had worked closely with officers. The relevant issues had been addressed in the ES and  were detailed in the report.

The supporter, speaking on behalf of Flixborough Wharf Ltd, stated that that company employed directly 80 people and many more indirectly. but like many other businesses had been adversely affected by the recession. Projects such as the current proposal were vital to local businesses such as theirs and would create local jobs as well as clean renewable energy.

Councillors J Briggs, Regan and Smith, attending the meeting in accordance with the provisions of Procedure Rule  1.37 (b) spoke against the application.

The Head of Planning advised the committee that whilst the council’s Supplementary Planning Guidance on Wind Energy (SPG 13) referred to regional targets and contained a provision for the council to review its 2010 target, national policy contained in PPS 22 and the Supplement to PPS1 (Planning and Climate Change) made it clear that when targets were reached they should be reviewed upwards. This was reflected by recent decisions by planning inspectors. There were no national landscape designations in the area. So far as noise was concerned an assessment had been made using the ETSU criteria and topography had been taken into account This issue could be dealt with by the proposed conditions 15,16 and 17.

In the view of the Head of Planning there were no reasons to refuse the application.

Moved by Councillor Grant and seconded by Councillor Whiteley –

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

Motion Lost

Moved by Councillor Eckhardt and seconded by Councillor Bunyan –

That permission be refused for reasons relating to (i) visual impact; (ii) impact on the landscape and rural amenity; (iii) the cumulative impact of 93 turbines in a small geographical area; (iv) proximity to the communities of Burton – upon – Stather and Flixborough; , and (v) that further turbines are premature pending a review of targets.

Motion Carried

Councillor J Briggs left the meeting.

Prior to consideration of the following application Councillor B Briggs, having declared a personal and prejudicial interest, left the meeting.

(ii) 08/1709 by Tesco Stores Ltd for the erection of a side extension to an existing store, with the installation of a combined cooling and heating power (CCHP) unit, an extension to the service yard and car park with associated landscaping and access works at Tesco, Gallagher Retail Park, Gunness.

Prior to consideration of this application, a representative of objectors  and two representatives of the applicants addressed the committee.

The objector, on behalf of the owners of the retail park, did not object to the expansion of the store on principle, however he was concerned about possible congestion and that the proposal might increase the volume of traffic. There were a number of potential options that deal with these problems, for example traffic lights and a filter road or the widening of the approach/exit road, but these had not been properly considered. He asked that consideration of the application be deferred to enable his clients to explore these options with the applicants.

The applicant’s representatives said that the application was intended to address the problem of over-trading, it would not lead to an increase in vehicles visiting the site. The proposal would significantly improve the traffic situation. The application met all relevant policy tests. It would create 80 new jobs and would provide additional recycling facilities. The CHHP plant would improve sustainability and make the store more energy efficient.

Councillors Waltham and Poole, attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) spoke on this application.

Resolved – (a) That the application be advertised as a departure from the approved development plan and referred to the Department for Communities and Local Government in accordance with statutory procedures to enable the Secretary of State to consider whether she wishes to call the application in for determination by herself, and (b) that in the event that the Secretary of State  does not intervene, the Head of Planning be authorised to grant permission in accordance with the recommendation contained in the report, subject to the replacement of Condition 10 by 3 conditions as advised by the Archaeology Unit.

Councillor B Briggs returned to the meeting.

(iii) 08/1716 by Tile Agents Yorkshire Ltd for the erection of a steel portal-framed warehouse and office accommodation for the import, storage and wholesale distribution of ceramic tiles on land off Belton Road, Sandtoft, Belton.

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

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

1134  (73) PLANNING AND OTHER 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) 09/0098 by Mr S Clapson for consent to fell two sycamore trees covered by Tree Preservation (Caistor Road, Barton-upon-Humber) Order 2002 at 18 Nightingale Close, Barton-upon-Humber.

Prior to consideration of this application, the applicant addressed the committee. He stated that the trees were very large and had a large impact on the residential area. They would be more appropriate for a park. They were sited only 7 feet apart. His own consultant’s report and that of the council’s tree officer had reached different conclusions, The applicant’s intention was to replace the trees with two limes.

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

(ii) 09/0136 by North Lincolnshire Homes Ltd for the retention of UPVC soffits, front elevation timber windows and rear elevation UPVC windows and doors and replacement of front elevation UPVC doors and side screens with timber and replacement of UPVC front panels with insulated render panels at 1-2 Fairy’s Field, Saxby-all-Saints.

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

(iii) 09/0169 by Mr P Fish, Restoration and Racing Ltd for the change of use of an existing joinery workshop to a vehicle refurbishment workshop at Workshop, Kettleby Lane, Wrawby.

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

The objector was concerned that the proposal would create noise from panel beating grinding and cutting. Doors and windows would be left open  during the summer. A similar operation in Barnetby had been required to be soundproofed. There were not enough car parking spaces and cars would be reversing in and out of the site. The  workshop was only 10 metres from the objector’s kitchen window.

The applicant stated that the proposal was to improve classic cars. He accepted that some noise would be created but much of the work would be assembly and would not be noisy. The cars were not generally “road legal”. The proposal would employ three people.

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

(iv) 09/0176 by North Lincolnshire Homes Ltd for the retention of UPVC soffits, front elevation timber windows and rear elevation UPVC windows and doors and replacement of front elevation UPVC doors and side screens with timber and replacement of UPVC front panels with insulated render panels at 3-4 Fairy’s Field, Saxby-all-Saints.

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

(v) 09/0177 by North Lincolnshire Homes Ltd for the retention of UPVC soffits, front elevation timber windows and rear elevation UPVC windows and doors and replacement of front elevation UPVC doors and side screens with timber and replacement of UPVC front panels with insulated render panels at 5-6 Fairy’s Field, Saxby-all-Saints.

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

(vi) 09/0239 by Mrs J Fowler for the extension of a children’s play area, relocation of an existing disabled car parking space and creation of an additional car parking space at the front at 314 Messingham Road, Bottesford.

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

The objector stated that the nursery was a “noisy neighbour”. There were 18 visitors a day to the nursery. The proposal would result in an increase in the number of days opening from 5 to 6 per week. An ornamental garden was supposed to have been developed to screen the nursery from the objector’s property but this had not been done. There were  also road safety concerns.

The applicant said that traffic congestion was caused by local shops as well as the nursery. The nursery already had permission to open 6 days a week but currently chose not to do so. She was also already permitted to use the area at the rear of the garden. None of the children were over 4 years old and most were between 6 months and one year. She was happy to compromise regarding the land at the rear of the garden.

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

(vii) 09/0305 by Mr B Johnson for the conversion of an existing commercial property  with an attached dwelling into two dwellings and erection of a detached dwelling at London House, King Street, Goxhill.

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

Councillor Bunyan left the meeting

1135  (74) APPLICATION FOR APPROVAL OF RESERVED MATTERS FOLLOWING THE GRANT OF OUTLINE PERMISSION – 08/0281 by Mr G Hodge for approval of reserved matters following the grant of outline planning permission 07/1844 dated 30/01/2008 for the erection of a dwelling and domestic garage at Holme Farm, Main Street, Gunthorpe.

The Head of Planning submitted a report informing members about an application for approval of reserved matters which was 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).

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

1136  (75) 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.

Reports