Planning Committee – 3 December 2008

Chair: Councillor Collinson
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 5 November 2008 as a correct record and authorise the chair to sign.
  4. Major Planning Applications
  5. Other Planning applications for determination by the committee.
  6. Enforcement Update.
  • Enforcement Policy – Highways (Including Public Rights of Way) – report of the Service Director Highways and Planning.
  • Any other items, which the chairman 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, Carlile, B Briggs, Bunyan, Eckhardt, England, C Sherwood, Swift, Wardle and Whiteley.

Councillors J Briggs, Cawsey, O’Sullivan, Smith and Stewart attended the meeting in accordance with Procedure Rule 37(b).

The committee met at Pittwood House Scunthorpe.

1093 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 1096 (x) 08/1437 Ward Councillor
Objector to licence application

The following members declared personal interests: –

Members
Minute
Applications
Nature of Interest
Cllr Barker 1096 (vii) 08/1373 Member of Crowle Town Council
Cllr England 1096 (ix) 08/1434 Member of Messingham Parish Council
Ward member
Knew applicant
Cllr England 1096 (iii) 08/1150 Ward member
Cllr England 1096 (iv) 08/1237 Member of Messingham Parish Council
Ward member
Cllr Wardle 1095(iii) 08/0364 Knew applicant
Cllr Wardle 1096 (i) 08/0365 Knew applicant
Cllr Wardle 1096 (vi) 08/1369 Knew applicant
Cllr Wardle 1097 N/A Knew landowner

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

Members
Minute
Applications
Nature of Interest
Cllr J Briggs 1096 (vii) 08/1373 Ward member
Cllr J Briggs 1096 (ix) 08/1434 Ward member

The following members declared that they had been lobbied: –

Members
Minute
Application
Cllr B Briggs 1096 (x) 08/1437
Cllr England 1096 (ix) 08/1434
Cllr England 1096 (iv) 08/1237
Cllr C Sherwood 1098 N/A
Cllr Bunyan 1098 N/A

The following officers declared non-pecuniary interests: –

Officer
Minute
Applications
Nature of Interest
Mrs V Wilcockson 1095 (ii) 08/0988 Member of English Heritage
Mr S Whittemore 1095 (ii) 08/0988 Knew objector

1094 MINUTESResolved – That the minutes of the proceedings of the meeting held on 5 November 2008 having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

1095 (44) 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) 08/1122 by SITA UK for the extension of existing non-hazardous landfill site at New Crosby Landfill site, off Dawes Lane, Scunthorpe.

Resolved – That consideration of this application be deferred in order to seek the views of the Strategic Waste Development Board.

(ii) 08/0988 by URSA Insulation SA for the erection of a glass wool insulation product manufacturing plant, including storage, landscaping and access on land north of Chase Hill Road, North Killingholme.

Prior to consideration of this application, three objectors and a representative of the applicants addressed the committee. The objectors were concerned that the proposed access ran through a “buffer zone” designated in the North Lincolnshire Local Plan. The access was within open countryside and would create noise and disturbance. There was an alternative access available within the allocated industrial area. A landscape plan had been submitted which failed to include provision for the relocation of existing mature trees on the site. The application was contrary to the provisions of policies IN 6 and LC 20 of the adopted Local Plan. IN 6 said that it was essential to maintain the separation between industrial and residential areas on amenity grounds. Policy LC 20 provided for a landscaped buffer area. No justification had been put forward to justify a departure from the Plan. The application should therefore have been referred to the Secretary of State as a departure from the Plan.

The applicant’s representative said that the company took its social responsibility seriously. The proposal would be a modern “state of the art” plant. The insulation materials produced would be used for insulation which would help to reduce emissions of greenhouse gases. The factory would create 137 new jobs and was supported by Yorkshire Forward. A full Environmental Statement had been submitted. The application enjoyed the support of local people. Mitigation measures would be undertaken in respect of landscaping and screening and the protection of avian life and a sustainable travel plan would also be produced.

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

(iii) 08/0364 by Keigar Homes Ltd for the erection of 14 houses with associated garaging, parking and access road on land at and to the rear of 59 West Street, Winterton.

Prior to consideration of this application an objector addressed the committee. She referred to the response by English Heritage which said that the application should be determined on the basis of national and local guidance and the basis of the council’s specialist conservation advice. That advice was that the application should be refused on the grounds that it would not preserve or enhance the conservation area. This advice was not referred to in the report. Other areas in Winterton could be developed rather than this site. The open nature of the conservation area would be lost. The application would exacerbate traffic problems especially at the start and end of the school day.

Councillors Cawsey and Smith, attending the meeting in accordance with the provisions of Procedure Rule 36 (e) addressed the committee on this application.

Resolved – That consideration of this application be deferred until the next meeting and that members undertake a site visit prior to that meeting. The reason for the site visit is to ascertain whether the application is contrary to the policy relating to conservation areas.

1096 (45) 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) 08/0365 by Keigar Homes Ltd for conservation areas consent to demolish an existing dwelling and outbuilding at 59 West Street, Winterton.

Resolved – That consideration of this application be deferred until the next meeting and that members undertake a site visit prior to that meeting, The reason for the site visit is to ascertain whether the application is contrary to the policy relating to conservation areas.

(ii) 08/1138 by Anglian Water Services Ltd for the creation of a new access road, erection of a water booster system and siting of a telemetry aerial on land adjacent to 109 High Street, Wootton.

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

(iii) 08/1150 by Ms L Anderson-Smith for a change of use to site 15 touring caravan pitches with associated access road, erection of a single-storey toilet/shower block and creation of a nature pond on land at The Grange, Brigg Road, Howsham, Cadney.

Prior to consideration of this application a representative of objectors addressed the committee. The objectors were concerned at the potential danger posed by the access being close to a bend in the road where vehicles travelled at up to 111mph. He stated that events had been held on the site which were not authorised and had led to the sewage system being over loaded.

The Head of Planning reported that the alleged unauthorised events were a separate matter that he would look into.

Resolved – That consideration of this application be deferred until the next meeting and that members undertake a site visit prior to that meeting. The reason for the site visit is to enable members to assess the traffic issue.

(iv) 08/1237 by Mr P Burton for change of use of land and infilling of 4 small ponds to permit the siting of cabin-style static caravans at Grange Farm fisheries, land to the rear of Sands Farm, Butterwick Road, Messingham.

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

(v) 08/1310 by Mr V Lane for change of use to form two self-contained flats (re-submission of PA/2008/0951) at 4 Theodore Gardens, Scunthorpe.

Prior to consideration of this application an objector and the applicant addressed the committee. The objector was concerned that the proposal would lead to an increase in car parking for which there was inadequate provision.

The applicant stated that there was a shortage of small, affordable, energy efficient accommodation in the area. The flats would be soundproofed. There would be two car parking spaces on the site.

Councillor O’Sullivan, attending the meeting in accordance with the provisions of Procedure Rule 37 (b) addressed the committee on this application.

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

(vi) 08/1369 by Mr M Bagley for erection of a single-storey extension (re-submission of PA/2008/0896) at Chalcott House, High Street, Barrow-upon-Humber.

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

(vii) 08/1373 by Mr S and Mrs D Dell for change of use to a beauty salon (30 High Street) and change of use of a beauty salon to ancillary residential use (28 High Street) including alterations to both elevations at 28 and 30 High Street, Crowle.

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

(viii) 08/1413 by Mr R Neish for the erection of 2 detached dwellings with detached garages and associated access/turning and parking facilities on land adjacent to 30 High Street, Burton-upon-Stather.

Prior to consideration of this application an objector addressed the committee. He was concerned at the potential loss of light to No.22 High Street.

Resolved – That consideration of this application be deferred until the next meeting and that members undertake a site visit prior to that meeting. The reason for the site visit is to assess the possible overlooking and loss of light.

(ix) 08/1434 by Mr W Smith for a replacement dwelling (re-submission of PA/2008/0836) at Cottages 1 and 2, The Groves, Trentside, Amcotts.

Councillor J Briggs, attending the meeting in accordance with the provisions of Procedure Rule 36 (e), addressed the committee on this application.

Moved by Councillor Eckhardt and seconded by Councillor Sherwood –

That permission be granted

Motion Lost

Moved by Councillor Whiteley and seconded by Councillor Swift –

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

Motion Carried

Prior to consideration of the following application 08/1437, Councillor B Briggs, having declared a personal and prejudicial interest left the meeting.

(x) 08/1437 by Mr A Drury for change of use from agriculture to a mixed use of agriculture with a haulage yard at Rushcarr Farm, Clouds Lane, Beltoft.

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

The applicant stated that his family had operated a haulage business in the area for 25 years. Much of the traffic on roads near the site was from an existing beetroot factory in West Butterwick. There should be no issues in relation to landscaping as vehicles would be parked under cover.

The objector stated that there was already a high volume of traffic which would be exacerbated by the development. The proposal would not be diversification but merely an industrial use in open countryside.

Councillor Stewart, attending the meeting in accordance with the provisions of Procedure Rule 36(e) addressed the committee on this application.

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

Councillor B Briggs returned to the meeting.

1097 (46) 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.

1098 (47) ENFORCEMENT POLICY – HIGHWAYS (INCLUDING PUBLIC RIGHTS OF WAY)

Prior to consideration of this item an objector addressed the committee. He questioned whether the committee had the authority to adopt the policy.

The Service Director Highways and Planning submitted a report inviting the committee to adopt a comprehensive enforcement policy concerning (i) public rights of way and (ii) all other highways. The council as highway authority had responsibility under the Highways Act 1980 for asserting and protecting the public’s use and enjoyment of all highways in its area, including public rights of way.

A Public Rights of Way Enforcement Policy had been approved by Planning Committee in 2005 This related to public footpaths, bridleways and Bridleways Open to All Traffic but did not include all surfaced carriageways. The only strategy relating to the remaining highways entitled “Defending the Highways” had been approved by the Environment and Transportation Cabinet Member in 2003 This concerned all highways other than public rights of way, being “a strategy for dealing with queries and complaints to give a consistent approach throughout North Lincolnshire”.

The purpose of the present report was to set out for members, officers and the public alike a policy relating to the highway authority’s principal duties and powers and how these were applied. Since a highway was a highway whether a public right of way or a carriageway it was considered that the same policy should cover all.

Resolved – That the existing strategy entitled “Defending the Highways” and the existing public rights of way enforcement policy both be superseded by the new policy entitled “Enforcement Policy Highways (Including Public Rights of Way)” appended to the report.

Reports