northlincs.gov.uk

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 10 February 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. Enforcement update.

• Proposed changes to planning system.
• Incomplete developments.- Report of the Service Directors Legal and Democratic and Highways and Planning.
• The Town and Country Planning (Fees for applications and deemed applications) (Amendment) (England) Regulations 2008.
• Public Bridleway 81 (Moor Lane) Wroot. – Report of the Service Director Highways and Planning
• 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, Bainbridge, Barker, B. Briggs, Eckhardt, England, Grant, Regan, N Sherwood, Waltham and Wardle.

Councillors T Foster and Poole attended the meeting in accordance with the provisions of Procedure Rule 1.37 (b)

The committee met at Pittwood House, Scunthorpe.

1221 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 and prejudicial interests: –

The following members declared personal interests: –

The following member, attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) declared a personal interest: –

The following members declared that they had been lobbied:

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

1222 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 10 February 2010, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

1223 (65) 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 submitted reports and updated them orally.

(i) 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 and the applicants’ agent addressed the committee.

The objector was concerned that the proposal would lead to overlooking of the neighbouring property to the north and to loss of privacy for the occupier of that property. It would also lead to the loss of a number of mature trees. The proposed car parking provision was inadequate and the development would lead to traffic congestion. The proposal would extend beyond the development limit.

The applicants’ agent stated that the concerns regarding overlooking from the balcony could be addressed by removing the balconies. The proposed extension was only a third of the height of one for which there was an extant permission. Suitable screening would be provided.

Members were concerned that the proposal would lead to overlooking of neighbouring properties.

Resolved – That permission be refused for reasons relating to overlooking and impact on neighbouring properties and to the proposal being outside the development limit of Wrawby.

(ii) 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 the applicants’ agent addressed the committee. He stated that further discussions had taken place with objectors as a result of which two objections had been withdrawn. A traffic assessment had been carried out and the Highways Team was now happy with the proposed access arrangements. The application complied with the requirements of the local plan.

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

(iii) 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.

Prior to consideration of this application the applicants’ agent addressed the committee. He welcomed the recommendation.

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

1224 (66) 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) 09/0334 by ECO2 North Lincs Ltd. for the construction of a renewable energy plant (primary fuel consisting of straw) comprising the erection of turbine and boiler hall, two storage barns, wood storage building and a lagoon (resubmission of PA/2008/0793) at former British sugar site, access roads to power station, Scawby Brook, Scawby.

Resolved – That consideration of this application be deferred until a future meeting and that members visit the site prior to that meeting. The reason for the site visit is that significant public concern has been expressed about this application and members wish to see the situation for themselves.

1225 (67) 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) 09/1406 by Mr and Mrs M Baker for the retention of a gate at the front pedestrian access to the property at Mary’s House, 1 Main Street, Saxby-all-Saints.

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

(ii) 09/1457 by Mr and Mrs H Edwards for a garage extension to create additional garden storage and garden room at 1 Vicarage Paddock, Scawby.

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

Prior to consideration of the following application, 09/1466, Councillors N Sherwood and Waltham, having declared personal and prejudicial interests left the meeting.

(iii) 09/1466 by Rusty’s Cycles for the erection of a first floor extension at 212 Ashby High Street, Scunthorpe.

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

Councillors N Sherwood and Waltham returned to the meeting.

(iv) 09/1469 by North Lincolnshire Council for the erection of a pavilion and an outdoor stage, plaza and amphitheatre at Castledyke Primary School, Castledyke West, Barton-upon-Humber.

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

(v) 09/1483 by North Lincs Property Holdings Ltd. for the replacement of a hedge with boundary wall at 91a Burnham Road, Epworth.

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

(vi) 09/1500 by Mr T Ellerby for the change of use of land for the siting of 59 leisure lodges with associated works at field north of Redbourne Mere, Kirton-in-Lindsey.

Resolved – That it be noted that this application has been withdrawn.

(vii) 10/0006 by Mr M Fish for the retention of a change of use of a section of car park for the sale of fruit, vegetables and farm fresh products on car park to the side of Stephen Smith’s Garden Centre, Doncaster Road, Gunness.

Prior to consideration of this application the applicant addressed the committee. He stated that he had erected signs telling customers not to park on the roadside and referred to the much worse car parking problems on days when matches were being played at Glanford Park. He employed four people and supported local farmers. There were very few food miles involved in the operation.

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

Resolved – That permission be granted for a temporary period of 12 months.

(viii) 10/0009 by Mrs H Franks for the change of use of a utility room into a dog grooming parlour at The Old Vicarage, Vicarage Lane, Scawby.

Prior to consideration of this application the applicant addressed the committee. She stated that only one objection had been received, from Scawby Parish Council. There was a substantial demand for the facility.

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

(ix) 10/0025 by Mr M Naylor for the erection of new stables and garage to replace existing at 29 Low Road, Worlaby.

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

The objector stated that the proposed development would be too close to his garden and would have an overbearing and oppressive effect. The stables would lead to unpleasant smells.

The applicant stated that the proposal would utilise existing buildings close to an existing garage. He did not intend to keep livestock in the building.

Resolved – That consideration of this application be deferred until a future meeting and that members visit the site prior to that meeting. The reason for the site visit is to assess the impact of the proposed buildings on the neighbouring property.

(x) 10/0037 by Mr D Amys for the erection of a detached dwelling (re-submission of 09/0981) at rear of Pear Tree Farm, Johnsons Lane, Crowle.

Prior to consideration of this application the applicant’s agent addressed the committee. He stated that the dwelling was intended for the applicant and young family to live in. The neighbours supported the application. A barn on the site already had permission for conversion to a dwelling. As the dwelling would be a replacement there was no requirement to apply the sequential or exceptions tests.

Resolved – That consideration of this application be deferred until a future meeting and that members visit the site prior to that meeting. The reason for the site visit is that members wish to view the existing barn.

(xi) 10/0038 by Dr J Gallagher for the change of use of part of a surgery to a retail pharmacy with associated alterations at 30 Church Street, Haxey.

Resolved – That consideration of this application be deferred until a future meeting and that members visit the site prior to that meeting. The reason for the site visit is to assess the potential for traffic congestions and emissions.

(xii) 10/0058 by Mr and Mrs P and C George for the erection of a detached dwelling with a detached domestic garage and demolition of existing bungalow at 142 Scawby Road, Scawby Brook

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

1226 (68) 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.

1227 (69) CONSIDERATION OF ISSUES RELATING TO THE INTRODUCTION BY CENTRAL GOVERNMENT OF PROCEDURES TO ENABLE GREATER FLEXIBILITY WITHIN THE PLANNING SYSTEM – The Head of Planning submitted a report informing members of the recent introduction by Central Government of three measures available to local planning authorities whereby existing planning permissions could be amended.

In August 2007 the committee had amended the scheme of delegation whereby the ability for developers to amend planning permissions by exchange of letter with planning officers had been removed. The resulting process meant that all amendments had to be dealt with through the formal process of submitting a further planning application for the amendment and that any changes on site to an approved scheme would be entirely at the developer/applicant’s own risk.

Recent procedural changes introduced by Central Government did not require any further changes to the council’s scheme of delegation but changes would have to be made to the Development Control procedures manual with regard to the types of amended applications that could be submitted for consideration by the local planning authority.

The changes implemented by Central Government on 1 October 2009 stemmed from previous Government reviews. In particular the Killian Pretty Review of 2008 and the Government’s White Paper ‘Planning for a sustainable future’ in 2007 had looked at ways of making the planning system more efficient and responsive. The outcomes of such documents had concluded that the planning application process required streamlining in respect of the amount of time spent on minor developments which clogged up the system to enable more time in which local planning authorities could determine larger planning applications more speedily. The need for greater efficiency, coupled with the economic downturn and subsequent recession, had resulted in procedural changes.

A procedural change had been implemented on 1 October 2009 as a temporary measure to enable Local Planning Authorities to agree extensions to time limits on permissions. A further procedural change allowed decisions on “non-material amendments” to be made in letter form without the normal consultation and publicity requirements, or fee, that a planning application would require. A third change related to “minor material amendments”. A minor material amendment was one “whose scale and nature results in a development which is not substantially different from the one which has been approved.’ Such amendments would be subject to re-consultation and a new notice issued.

Resolved – That the report be noted.

1228 (70) INCOMPLETE DEVELOPMENTS – Further to Minute 1210, the Service Director Legal and Democratic and the Head of Planning submitted a joint report informing members of the proposed wording of representations to Central Government via the Local Government Association about the need to amend primary legislation in respect of Section 94 of the Town and Country Planning Act 1990.

The Department for Communities and Local Government (DCLG) had confirmed in a recent letter that it was not possible for a local planning authority to impose a limit on the timeframe attached to a planning permission within which development must be completed. DCLG had confirmed that Circular 11/95, which set out the Government’s advice on the use of conditions, precluded the imposition of any condition which required a development to be completed within a prescribed time limit.

There was a current consultation document on the attaching of conditions to planning permissions that required a response by 19 March 2010. It was suggested that, since the opportunity for responding to DCLG was currently available, this opportunity was taken to make comments on incomplete developments to see whether there was any opportunity for amending primary legislation.

Resolved – That the DCLG be advised that North Lincolnshire Council is concerned about the lack of adequate provisions within the existing Town and Country Planning Act 1990 to require a landowner to complete part-built extensions or single buildings within a reasonable timeframe. Section 94 of the Town and Country Planning Act, relating to completion notices, does not appear to be an appropriate mechanism to achieve the completion of the building in accordance with the approved plans or, alternatively, the demolition of the building to ensure no long-term damage to visual amenity. Provision should be made within any new primary legislation which would enable the local planning authority to serve a notice requiring the part-built structure to be either demolished or completed within a reasonable timescale.

1229 (71) TOWN AND COUNTRY Planning (FEES FOR APPLICATIONS AND DEEMED APPLICATIONS) (AMENDMENT) (ENGLAND) REGULATIONS 2008 – The Head of Planning submitted a report advising the committee of the receipt of a letter dated 4 February 2010 from the Department for Communities and Local Government (DCLG) indicating that there would be no increase in national planning application fees for the forthcoming financial year 2010/11.

The letter to all chief planning officers advised that the Government had announced on 19 January 2010 that it was proposing to leave planning application fees at the current level. This decision had been taken by Central Government in light of the current economic situation and to help with economic recovery and investment.

In addition to there being no increase in overall planning application fees this year, it had also been confirmed that fees for planning appeals, which were to be introduced this year, had also been deferred.

The decision by Central Government to freeze planning application fees at the 2009 level was disappointing but perhaps not surprising bearing in mind the current national economic situation. However, such a freezing of fees income would not help the local planning authority as fees income was the mechanism by which the Development Control team was funded. Coupled with the overall downturn in application numbers, pressure on the Development Control budget would be increased as a result of this decision.

Resolved – (a) That the report be noted, and (b) that a letter be sent to DCLG expressing disappointment with the decision which, along with the loss of fee income arising from the introduction of the Infrastructure Planning Commission, will cause Local Planning Authorities serious difficulties.

1230 (72) PUBLIC BRIDLEWAY 81 (MOOR LANE), WROOT – The Service Director Highways and Planning submitted a report inviting members to determine what action to take in respect of a definitive map modification order.

Prior to consideration of the report an objector addressed the committee. He questioned the validity of the order and stated that the status of the path shown on the order plan was at variance with that shown on an Inclosure Award map.

The Service Director reported that an order had been made on 31 July 2009 and had been advertised on 11 September 2009. One objection had been lodged. Copies of the order, advertisement and objection were appended to the report. The report addressed the issues raised by the objector in detail.

The options open to the committee were (i) to refer the order to the Secretary of State with a recommendation that he confirm the order; (ii) to refer the order to the Secretary of State with a recommendation that he confirm the order subject to modifications, and (iii) to refer the order to the Secretary of State with a recommendation that he not confirm the order.

Resolved – That “Definitive Map Modification (Public Bridleway 81, Wroot) Order 2009(1)” be submitted to the Secretary of State for Environment, Food and Rural Affairs with a recommendation that he confirm the order as made (since no evidence has been submitted in support of the objection/representation received); (b) that the council participate fully in the Secretary of State’s chosen means of arbitration, and (c) that if the order is confirmed, with or without modifications, Sand Lane and Moor Lane, Wroot, be added to the list of streets in accordance with section 36(6) of the Highways Act 1980.