Planning Committee – 10 February 2010

Chair: Councillor Collinson
Venue: The 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 13 January 2010 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. Consultation by other authority.
  8. Enforcement update.
  • Implementation of an agents’ accreditation scheme.
  • National Policy Statements:
  1. (i) Energy Infrastructure;
  2. (ii) Ports.

(Joint Reports of the Head of Planning and Head of Strategic Regeneration, Housing and Development).

  1. 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 (in the chair).

Councillors Whiteley (Vice-Chair), Armitage, Barker, B. Briggs, Carlile, Eckhardt, England, Gosling, Grant, C Sherwood, N Sherwood and Wardle.

Councillor Mrs Sidell attended the meeting in accordance with the provisions of Procedure Rule 1.37 (b)

The committee met at Pittwood House, Scunthorpe.

1212 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: –

Members

Minute

Applications

Nature of Interest

Cllr B Briggs 1216 (xi) 09/1425 Knew developer
Cllr B Briggs 1215 (i) 09/0880 Daughter employed by Applicant
Cllr B Briggs 1216 (i) 09/0881 Daughter employed by Applicant
Cllr Collinson 1216 (vii) 09/1345 Knew objector
Cllr C Sherwood 1216 (i) 09/1390 Knew the applicant
Cllr N Sherwood 1216 (ix) 09/1390 Knew the applicant
Cllr Wardle 1216 (iv) 09/1320 Knew the applicant
Cllr Gosling 1216 (vii) 09/1345 Knew the applicant

The following members declared that they had been lobbied:-

Member

Minute

Application/Item

Cllr N Sherwood 1216 (x) 09/1392

The following member, attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) declared personal interests as follows:

Members

Minute

Applications

Nature of Interest

Cllr Mrs Sidell 1215 (i) 09/0880 Member of Barton Town Council
Cllr Mrs Sidell 1216 (i) 09/0881 Member of Barton Town Council

The following member attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) declared that she had been lobbied:

Member

Minute

Application/Item

Cllr Mrs Sidell 1215 (i) 09/0880
Cllr Mrs Sidell 1216 (i) 09/0881

Councillor N Sherwood declared that he had spoken to the press regarding application 10/0010.(Minute 1217 refers).

1213 MINUTESResolved – That the minutes of the proceedings of the meeting held on 13 January 2010, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

1214 (58) 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) 09/0908 by Longhurst Group Ltd. for the erection of twenty four self-contained retirement apartments with communal facilities at Tennyson Close, Brigg.

Prior to consideration of this application a representative of the applicants addressed the committee. He stated that the proposed accommodation was intended for occupation by persons over 55 who had previously lived in affordable housing and were seeking to downsize. The proposed building would be constructed to meet Level 4 of the Code for Sustainable Homes and would incorporate rainfall harvesting and a Combined Heat and Power facility. An ecological survey had been carried out. Concerns by objectors regarding overlooking could be addressed by obscure glazing of windows on the gable end.

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to an additional condition relating to the erection of a brick wall along the northern boundary and the amendment of condition 14 to require that all windows within the northern wall (hipped gable end portion) to be obscure glazed.

1215 (59) 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) 09/0880 by Tesco Stores ltd. for the erection of an extension to the existing Tesco store, a new non-food retail unit, petrol filling station, car parking amendments, landscaping and associated works at Maltkiln Road, Barton-upon-Humber.

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

The objector stated that the site had been flooded in the past. He was concerned that it would lead to problems of noise, traffic congestion and road safety. HGVs were already causing a problems and were making deliveries in the early hours of the morning. The development would threaten the viability of the Town Centre and independent retail businesses within it and would adversely affect its character. There was no demand for the petrol station.

The applicant’s representative stated that there was a demand for additional retail provision in Barton. A retail assessment had been carried out prior to the application being submitted. No other suitable sites were available. The scale of the proposed development was appropriate for its location which was on the edge of the town centre. The proposal would provide an additional 50 jobs. The petrol station would meet an established need. There were no objections from the Environment Agency or the Highways Team.

Councillor Mrs Sidell, attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b), spoke on the application.

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

(ii) 09/1393 by Redrow Homes (Yorkshire) Ltd. for the erection of 21 dwellings (substitution of house types on plots 17-20,135-143,146-149,152-155 inclusive) on land off Tofts Road, Clipson Crest, Barton-upon-Humber.

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

1216 (60) 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) 09/0881 by Tesco Stores Ltd for listed building consent to demolish a warehouse within the curtilage of a listed building at warehouse associated with the Ropewalk, Maltkiln Road, Barton-upon-Humber.

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

(ii) 09/0886 by Mr S Fricker for erection of a detached dwelling and a detached double domestic garage at 85 Akeferry Road, Westwoodside, Haxey.

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

(iii) 09/1104 by Mr J Wilby for the retention of buildings 2.3.4.5.,6 and 7 from Class B8 storage and distribution to Class B2 general industrial, including access to the site and the provision of parking areas (resubmission of parking areas(resubmission of PA/2009/0369) at Brickhills Farm, Brickhills, Broughton.

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

(iv) 09/1320 by Mr R Appleyard for outline permission for the erection of seven dwellings, including the demolition of an existing dwelling and shop (access not reserved for subsequent approval) at 25 Bowmandale, Barton-upon-Humber.

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

(v) 09/1322 by Mr and Mrs Fox for the erection of a detached garage and store at St Hibalds Church, Main Street, Manton.

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

(vi) 09/1338 by Hibaldstow Medical Practice for the erection of a ground floor extension to an existing medical centre, together with alterations at first floor, at The Surgery, Church Street, Hibaldstow.

Prior to consideration of this application an objector addressed the committee. He stated that the objectors had been supportive of this community facility but it had led to increasing car parking problems. Neighbours were unable to get their cars in and out of their properties during surgery opening hours. Onsite car parking provision was inadequate. The Design and Access statement was inadequate.

The Head of Planning displayed a corrected plan showing the size and location the extension.

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

(vii) 09/1345 by Mrs T Pattinson for the erection of a single-storey rear extension at 9 Station Road, Burringham.

Prior to consideration of this application an objector addressed the committee. He was concerned that the existing property had connected to his private drain and that the extension could be used for business purposes. The Head of Planning advised that the drainage issue was not a material planning consideration in this case because the drainage was entirely within the applicant’s ownership.

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

(viii) 09/1359 by North Lincolnshire Homes for the change of use from residential to B1 use at 1A Ancholme Gardens, Brigg.

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

(ix) 09/1390 by Thomas Bell and Sons Ltd for the retention of 5 storage containers at Thomas Bell and Sons Ltd., Bigby Road, Brigg.

Prior to consideration of this application an objector addressed the committee. She was concerned that the use had led to an increase in traffic. The containers had an overbearing effect on neighbouring properties.

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to the amendment of Condition 1 to read “The steel containers shall be removed on or before two years…………”

(The voting being equal on the above motion, the chair used his second and casting vote in favour of it.)

(x) 09/1392 by Trust Care Ltd. for the erection of a fourteen-bedroom extension and conservatory to the rear of an existing care home and an independent single-storey special care unit to the rear at Wrawby Hall Care Home, Vicarage Road, Wrawby.

Prior to consideration of this application an objector addressed the committee. He considered that the proposal was a major development. It would lead to traffic congestion. The nature of the proposed use would generate a large volume of traffic. Part of the site was outside the development and therefore granting permission would set a precedent. The extension would be visually intrusive.

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

(xi) 09/1425 by North Lincs Property Holdings ltd for permission to erect a detached house with garage on Plot 10, Harris View, Epworth.

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

(xii) 09/1448 by Mr G Singh for the retention of alterations and extensions to a dwelling at 14 Scotter Road, Scunthorpe.

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

The objector stated that the application was contrary to the provisions of Policy DS1 of the North Lincolnshire Local Plan. It would lead to overshadowing and overlooking of neighbouring properties. He believed that the applicant was seeking to convert the dwelling into flats as there were three kitchens within it.

The agent stated that the application was not for a conversion to flats. An earlier application for flats had been refused. Objectors had referred to a dormer window, but that was permitted development and was therefore not part of the application.. Members should confine their considerations to the proposals applied for.

Moved by Councillor Armitage and seconded by Councillor Carlile –

That consideration of this application be deferred until a future meeting and that members visit the site prior to that meeting.

Motion Lost

Moved by Councillor Whiteley and seconded by Councillor Wardle –

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

Motion Carried

1217 (61) CONSULTATIONS BY OTHER AUTHORITIES OR BODIES – The Head of Planning submitted a report containing details of an application on which the council had been consulted including a summary of policy context, representations arising from consultation and publicity and assessment of the application.

(i) 10/0010 by Mr W Bibby for the siting of 11 residential gypsy pitches with associated hardstandings and access at Kettleby Caravan Park, Kettleby Lane, Wrawby.

Resolved – That West Lindsey District Council be advised that this council has no objection in principle to this development providing (i) That the occupation of the site is restricted to Gypsies and Travellers as defined in ODPM Circular 01/2006, and (b) that the site residents have a link to the Brigg area.

1218 (62) 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.

1219 (63) IMPLEMENTATION OF AN AGENTS ACCREDITATION SCHEME – The Head of Planning submitted a report inviting members to consider the introduction of an Agent’s Accreditation Scheme.

There was a continual desire to improve the quality of submission and overall efficiency of application processing. This report set out the basis and background of an Agents Accreditation Scheme where, in order to acquire accreditation, agents would have to sign up to a Code of Practice based on the quality of information submitted with a planning application.

The planning service still received a high percentage of planning applications which did not contain sufficient detail to be able to validate them immediately upon receipt. Considerable staff time then had to be utilised contacting agents to request additional documentation. This invariably led to delays on the outcome of the application as the period for consultation/determination could not start until the application was complete and had been validated.

The introduction of a scheme for the accreditation of planning agents had been a recommendation of the Killian Pretty Review final report published in November 2008.

Agents wishing to join the scheme and who had successfully undergone the accreditation process could expect to see the following benefits:

(i) Applications registered on the council’s planning application system would be sent directly to the case officer within 24 hours of receipt of the application by the council;

(ii) North Lincolnshire Council would endeavour to determine these applications within six weeks as long as they remained as a delegated application under the council’s approved scheme of delegation, and

(iii ) Agents would receive a formal certificate of accreditation which could be used to encourage applicants to select them. It could also be placed on their letter heads, business cards etc and a list of accredited agents could be displayed in the Planning reception area.

If such an approach was supported and it was decided to proceed with an Agents Accreditation Scheme it could be based on schemes currently used successfully by other local authorities. Appendix 1 to the report set out the basic details of the scheme currently operated within Doncaster Metropolitan Borough Council.

Resolved – (ai) That the introduction of an Agents Accreditation Scheme be agreed in principle; (b) that local agents be consulted to ascertain their interest in taking part in the scheme; (c) that the results of the agents consultation be reported to the Committee together with final details of the proposed scheme before being implemented, and (d) that any agreed scheme be reviewed 12 months after initial introduction.

1220 (64) PLANNING ACT 2008 – CONSULTATIONS ON NATIONAL POLICY STATEMENTS (NPSs)- The Head of Strategic Regeneration, Housing and Development and the Head of Planning submitted two joint reports informing members about consultations currently taking place on draft National Policy Statements and inviting them to agree responses to be submitted.

The Planning Act 2008 had established a new regime for dealing with proposals for Nationally Significant Infrastructure Projects (NSIPs), including proposals for major energy generation, airports, highways, railways, water resources and waste treatment facilities. A key part of this new regime was the creation of the Infrastructure Planning Commission (IPC) as the body which would determine proposals for NSIPs.

The Planning Act 2008 also made provision for the publication of National Policy Statements (NPSs). The NPSs were designed to guide the IPC’s decisions, and would cover a range of infrastructure that would be part of the IPC’s remit.

The first two draft NPSs had now been published. These had been subjected to an Appraisal of Sustainability, and were available for public consultation until the deadline of 22 February 2010. Following any amendments to the drafts, they would be scrutinised by Parliament, and subject to any further changes, they would be designated. The relevant Secretary of State could review, withdraw or suspend NPSs.

(i) Energy Infrastructure – This draft overarching NPS for energy was written in the context of government policy on climate change, energy security and fuel poverty. The UK government now had a legal obligation to reduce carbon emissions by 80% by 2050, and changing the energy supply would have a significant impact on this target. There was also agreement that having a diverse and reliable energy supply, using different technologies and sources, would provide secure supply. This needed to be delivered in a cost effective way that maintained low energy bills in order to protect the most vulnerable from rising energy costs.

The report set out a proposed response to the consultation exercise. The Head of Strategic Regeneration, Housing and Development drew particular attention to the fact that a site at Owston Ferry had been considered but subsequently rejected as a potential site for a nuclear power station and to more general concerns that the new regime would require local planning authorities to undertake a great deal of work processing schemes without receiving any fee income.

Resolved – (a) The contents of the report be noted, and (b) that response be sent to the Department for Energy and Climate Change, requesting that the North Lincolnshire Council observations on the first draft NPS, for energy infrastructure, as indicated in paragraphs 4.1 to 4.9 of the report, be taken into consideration.

(ii) Ports – This Draft NPS was structured in two parts. The first part set out Government policy regarding the need for additional capacity in the port sector. The second part outlined the Government’s policy on the weight to be given to different impacts when assessing individual development applications. The NPS for Ports aimed to:

(i) encourage sustainable port development to cater for long term forecast growth in imports and exports by sea, with a competitive and efficient port industry;

(ii) enable the ports industry to make informed judgements about when and where new development might take place, including encouraging the port operators to develop master plans as the basis for engaging with their neighbours, users and other stakeholders from the earliest stage of project formulation; and

(iii) ensure, within master planning, that all proposed developments satisfy the relevant legal environmental and social constraints and objectives, including addressing criteria issues of good design, climate change adaptation, habitats, road and rail connections, air emissions, noise, waste management and water quality and resources.

The NPS consultation for Ports listed 36 specific questions to be answered but after assessing the questions it was considered that it would be more appropriate to give an overview in response to the consultation.

The NPS for Ports proposed that the decision making authorities for major port applications would be the IPC. The proposed thresholds for major port applications were listed in paragraph 3.5. Consents for non-NSIP projects located on the seaward side of the low water tide mark would be considered by the Secretary of State for Transport under the Harbours Act, with consideration by the new Marine Management Organisation (MMO). It was understood that the Local Planning Authority (LPA) would still have the decision making responsibility for port related applications that were below the thresholds and located on the landward side of the low water tide mark, although the NPS did not make this explicitly clear. The NPS also intended to constitute potential material considerations for applications for port development which fall below the thresholds for a NSIP identified in the Act. These material considerations would apply to planning applications that were below the thresholds and submitted to the MMO, but it was not clear whether they would apply to planning applications determined by the LPA.

The report set out a proposed response to the consultation exercise. The Head of Strategic Regeneration, Housing and Development drew particular attention to the lack of recognition of the role of the South Humber ports, especially given the prominence given in the document to ports in the south and north east of England.

Resolved – (a) That the contents of the report be noted., and (b) that a response be sent to Department of Transport, requesting that the North Lincolnshire Council observations on the first Draft NPS for Ports, as indicated in paragraphs 4.1 to 4.9 of the report, be taken into consideration.