Planning Committee – 19 August 2009

Chair: Councillor Collinson
Venue: The Angel Suite, Exchange Place, Brigg
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 22 July 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. Enforcement update
  • The Tree Preservation (Hillcrest, 33 High Street, Epworth) Order 2009 – 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 (Chair).

Councillors Bainbridge, B. Briggs, Eckhardt, England, Grant, O’Sullivan, L Foster, C Sherwood, N Sherwood, Wardle and Whiteley.

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

The committee met at The Angel Suite, Brigg.

1163 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: –

Member (s)

Minute

Application (s)

Nature of Interest

Cllr B Briggs 1167 (xi) 09/0706 Proposer known socially
Cllr W Eckhardt 1165 (i) 09/0701 Friend of applicant
Cllr J England 1166 (ii) 09/0022 Landowner’s association with the Conservative Association
Cllr J England 1167 (vii) 09/0658 Close association with family
Cllr J England 1167 (viii) 09/0660 Close association with family
Cllr J England 1167 (xi) 09/0706 Previously declared such interest in connection with applicant’s applications

The following members declared personal interests: –

Member (s)

Minute

Application (s)

Nature of Interest

Cllr J Briggs 1167 (xiv) 09/0810 Know the applicant
Cllr J England 1165 (i) 09/0701 Know the applicant
Cllr J England 1165 (ii) 09/0609 Know one of the objectors
Cllr C Sherwood 1166 (ii) 09/0022 Know the owner
Cllr C Sherwood 1166 (i) 09/0573 Know the owner
Cllr C Sherwood 1165 (ii) 09/0609 Know the objector
Cllr C Sherwood 1167 (vii) 09/0658 Know the applicant
Cllr C Sherwood 1167 (viii) 09/0660 Know the applicant

 

Member (s)

Minute

Application (s)

Nature of Interest

Cllr N Sherwood 1166 (ii) 09/0022 Know the landowner
Cllr N Sherwood 1166 (i) 09/0573 Know the landowner
Cllr N Sherwood 1167 (vii) 09/0658 Know the owner
Cllr N Sherwood 1167 (viii) 09/0660 Know the owner
Cllr N Sherwood 1167 (xi) 09/0706 Know the owner
Cllr R Waltham 1166 (i) 09/0573 Know the landowner
Cllr J Wardle 1166 (ii) 09/0022 May know applicant
Cllr J Wardle 1166 (iii) 09/0257 Know the applicant
Cllr J Wardle 1167 (xi) 09/0706 Know the applicant
Cllr J Wardle 1167 (ix) 09/0661 Know the applicant and objector
Cllr J Wardle 1166 (i) 09/0573 May know landowner

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

Member (s)

Minute

Application (s)

Nature of Interest

Cllr B Regan 1166 (i) 09/0573 Ward Member

The following members declared that they had been lobbied: –

Member (s)

Minute

Application/Item

Cllr S Bainbridge 1166 (ii) 09/0022
Cllr S Bainbridge 1166 (i) 09/0573
Cllr T Barker 1166 (i) 09/0573
Cllr B Briggs 1165 (i) 09/0701
Cllr B Briggs 1166 (ii) 09/0022
Cllr J Briggs 1166 (i) 09/0573
Cllr J Collinson 1166 (i) 09/0573
Cllr J England 1165 (i) 09/0701
Cllr J England 1166 (i) 09/0573
Cllr J England 1166 (iii) 09/0257
Cllr L Foster 1166 (i) 09/0573
Cllr C O’Sullivan 1166 (i) 09/0573
Cllr C Sherwood 1166 (i) 09/0573
Cllr N Sherwood 1166 (i) 09/0573
Cllr N Sherwood 1165 (ii) 09/0609
Cllr J Wardle 1166 (i) 09/0573
Cllr J Wardle 1166 (iii) 09/0257
Cllr D Whiteley 1166 (i) 09/0573
Cllr D Whiteley 1165 (i) 09/0701


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

Member

Minute

Application/Item

Cllr B Regan 1166 (i) 09/0573
Cllr M Sidell 1166 (iii) 09/0257


1164  MINUTESResolved – That the minutes of the proceedings of the meeting held on 22 July 2009 having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

1165 (21) 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.

Prior to consideration of the following application, 09/0701, Councillor W Eckhardt, having declared a personal and prejudicial interest, left the meeting.

(i) PA/2009/0701 by Axgro Foods Ltd for planning permission to retain change of use of barn to B8 food storage and distribution at Barn Hall Farm, West Street,West Butterwick

Prior to consideration of this application the applicant’s agent addressed the committee.  The agent stated that the proposal would mean more local food production which would have a better environmental impact and that there would be benefits for the local community.

The recommendation proposed that there be no articulated lorries and the issue of fork lift trucks had been addressed, and there would be less vehicular movement away from the building.

It was proposed that condition 1 be amended to require that the change of use be discontinued after 12 months in order to assess the impact..

Resolved – That permission be granted in accordance with the recommendation contained within the report, with condition 1 amended to read that the use be discontinued on or before 18 August 2010.

Councillor W Eckhardt returned to the meeting.

(ii) PA/2009/0609 by Mr J Arnold for planning permission to erect two dwellings on plot adjacent to 5a Princes Street, Brigg

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

The objector was concerned primarily about the access that had existed at the property for 45 years, although a certain access was to be retained this would be narrow and restrictive.  The objector also had concerns that properties to the rear of the development would be overlooked by the lounge windows proposed on the first floor.  The site was currently used by several dwellings as a storage and collection area for refuse bins. The proposal constituted over development of the site.

Moved by Councillor Grant and seconded by Councillor Collinson –

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

Motion Lost

 

Moved by Councillor C Sherwood and seconded by Councillor N Sherwood –

That permission be refused for reasons of access, over development and overlooking from first floor windows. 

Motion Carried

1166  (22) 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) WF/2009/0573 by Grange Wind Farm Limited for planning permission to site seven wind turbines and associated hardstanding, tracks, anemometry mast, switchgear house and underground cables (resubmission of WF/2008/0900) on land adjacent to Flixborough Grange Farmhouse, Flixborough.

Prior to consideration of this application objectors, supporters and the applicant addressed the committee.

The first objector stated that he had two children with severe autism that could be adversely affected by the proximity of the turbines.  Turbines were industrial construction and should not be built near residential areas.

The second objector stated that the majority of residents of Burton upon Stather were against the siting of the turbines.  There were other turbines at the other side of the village and the cumulative impact was too much.  There were 133 turbines planned for the Yorkshire and Humber region and the renewable energy targets for the region for 2020 had already been met.

The third objector stated that although the designation of the site as an area of High Landscape Value had been removed by the Secretary of State, the view remained the same and that this would be destroyed by the placing of wind turbines, they would become the defining characteristic of the area and harmful to the aesthetic landscape.  The applicant’s agreement to remove just one turbine would have minimal affect.

The applicant stated that careful consideration had been given to the planning proposals and Ridgewind were aware of the concerns of local residents.  If the current application was to be granted, then the appeal lodged on the previous application would be withdrawn.  This was an opportunity for North Lincolnshire to be a leading light in clean energy.  The current consumer driven society had to have a conscience and that gas and coal were both finite resources.

A supporter of the application believed that the location was suitable and that nationally there was a need for more renewable energy sources and a reduction in reliance on imports.  The view of the area was already industrial with many pylons in sight.  Modern turbines were much quieter than their predecessors and there would be less noise disturbance.  The removal of the nearest turbine increased the distance to the nearest dwellings.

The second supporter stated that regional businesses would benefit and there would be many opportunities available.  He was shocked that a developer offering to put money into the area would be driven away.

Elected Members, though in favour of promoting clean renewable energy sources, expressed concerns regarding the siting of the turbines and also the cumulative effect upon North Lincolnshire.

The Head of Planning stated that several applications for wind turbines had been refused but that if a proposal met all the required criteria it should be approved, particularly if it was likely to then be allowed at an appeal.  This particular application met all the stipulated guidance and policies.  Assurances were given to residents that deliveries of turbine components would be kept to minimum disruption and that the major components would arrive via the river, and a traffic management plan would be devised.

Resolved – 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 would be premature pending a review of targets.

(ii) PA/2009/0022 by Normanby Estate Farms for planning permission to construct an irrigation reservoir and pond on land north of Lodge Lane, Flixborough

Prior to consideration of this application a supporter addressed the committee.

The speaker addressed each of the objections submitted by the parish council.  The risk of flooding was covered by condition 6(iii), there would be no encroachment onto a public right of way, there would be no impact on the nearby drain, and the reservoir was to be filled by a pipe which could be stopped at any time.

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

(iii) PA/2009/0257 by Keigar Homes for approval of reserved matters pursuant to outline planning permission PA/222003/1121 dated 22/06/2006 for the erection of 135 dwellings, including formation of access, layout of internal access roads and provision of local play area on land at junction of Barrow Road and Falklands Way, Barton-upon-Humber.

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

The objectors’ main concerns were that the three storey dwellings fronting onto Barrow Road were out of character with the area, too near to the road, and their height encroached on the privacy of the dwellings across the road and also blocked their view.

The applicant stated that the proposed frontages on Barrow Road were 2.5 storeys high, were at a lower ground level and with the road in between were 30 metres distant from the opposite dwellings.  The proposals accorded with both national and local policies and there would be significant benefits to Barton on Humber through S106 agreements, road improvements, education contributions, a bus stop and play area.

Councillor M Sidell, attending the meeting under procedure rule 1.37 (b), spoke on the application.

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting. The reason for the site visit being to assess the impact of the proposed dwellings fronting Barrow Road.

(iv) PA/2009/0392 by Immingham Transport for planning permission to erect a warehouse on plot off Eastfield Road, South Killingholme

Prior to consideration of this application the applicant addressed the committee.

The applicant addressed the concerns raised by objectors and the parish council.  He stated that some existing tenants on site had been given notice to make way for this development so there would actually be a reduction in traffic.  The proposal was within an existing boundary so there would be no further encroachment towards South Killingholme and there would be an aesthetic improvement.  All noise would be contained within the building and it would be painted grey to match all surrounding buildings.

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

1167   (23) 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) PA/2009/0444 by Act Fast for planning permission for change of use to provide off-road motorcycle riding facility and to site storage containers on land adjacent to Bottesford Beck, North Moor Lane, Messingham

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

(ii) PA/2009/0544 by Mrs P O’Connell for planning permission to retain a ménage and erect a stable block at Ebley House, Townside, East Halton.

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

The objector stated that he was not against the ménage as such, but had concerns that dry sand blew away from the site and towards nearby properties.

The supporter of the application stated that the sand was damped down in dry weather to prevent it being blown away.  In addressing the concerns of other objectors and the parish council he stated that there was a hedge between the properties, the ménage was for personal not commercial use, those trees that had been removed had been replaced, and manure was removed every other day.

The Head of Planning stated that the conditions attached to approval of the application stipulated that within one month of the date of permission details of a suitable covering for the ménage be submitted.

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

(iii) PA/2009/0595 by Mr P Dockerty to retain a change of use for hand car washing and site a portable cabin at Albion Assistance Ltd., Ferriby Road, Barton-upon-Humber.

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

(iv) PA/2009/0611 by Steven Smithey Wood Design for planning permission to remove condition 1 on PA/2008/0926 to allow the retention of an existing workshop on a permanent basis and vary condition 2 to allow machinery and tools to be used between 8am and 6pm Monday to Friday, between 9am and 12.30pm on Saturdays and not at any time on Sunday and Bank Holidays at Spring Gardens, 21 Thinholme Lane, Westwoodside, Haxey.

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

The applicant stated that he was a sole worker trying to build up his own business in the footsteps of his grandfather.  Environmental Health had established that the business did not constitute a noise nuisance, the building had soundproofing and that he operated one single vehicle.  He worked with neighbours to try to mitigate any adverse effects.

The objector stated that he represented the applicant’s neighbours and that the application lacked important information in terms of the details of the soundproofing.  Three dwellings faced the workshop and that doors and windows to the building were not soundproofed.  The hedge between the properties was deciduous so afforded no barrier in winter.

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

(v) PA/2009/0632 by Mr C Barry for planning permission to erect a conservatory at 47 Main Street, Saxby-all-Saints.

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

(vi) PA/2009/0638 by Mr R Snell for consent to fell three semi-mature sycamore trees and pollard a yew tree within group G4 protected by Tree Preservation (Thorne Lane, Goxhill) Order 1989 at Robins Nest, 14 All Saints Close, Goxhill.

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

(vii) PA/2009/0658 by Newells of Brigg for planning permission to erect a single-storey rear extension with associated alterations at 17 Wrawby Street, Brigg.

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

(viii) PA/2009/0660 by Newells of Brigg for listed building consent for a single storey rear extension and internal alterations at 17 Wrawby Street, Brigg.

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

(ix) PA/2009/0661 by Mr & Mrs J Cook for planning permission to erect a dwelling and integral garage (resubmission of 2008/1684) adjacent to Chapel House, North End, Goxhill

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

The objector stated that he was not against development of the site as such, but that the proposed plan was not in keeping with the area.  There would be overshadowing and loss of amenity and the resubmitted application was worse than the original proposal.  He stated that there were many errors contained in the report.

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting. The reason for the site visit being to clarify the details contained within the proposals.

(x) PA/2009/0702 by Mr M Wood for planning permission to erect a single storey rear extension at 60 Malvern Road, Scunthorpe

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

Prior to consideration of the following application, 09/0721, Councillors B Briggs, W Eckhardt and J England, having declared a personal and prejudicial interest, left the meeting.

(xi) PA/2009/0706 by Mr D Stewart for planning permission to construct a wildlife pond on land rear of Holly Tree Farm, West End Road, Epworth

Moved by Councillor Grant and seconded by Councillor O’Sullivan –

That a site visit be undertaken.

Motion Lost

Moved by Councillor Whiteley and seconded by Councillor Wardle –

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

Motion Carried

Councillors B Briggs, W Eckhardt and J England returned to the meeting.

(xii) PA/2009/0721 by Mr & Mrs G Woodhouse for planning permission to erect single storey extensions and increase the height of a roof in connection with the provision of first floor living accommodation at 8 Egton Avenue, Messingham

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

(xiii) PA/2009/0750 by Mr P Gillett for planning permission to convert part of domestic garage/store to a beauty therapy business at Cotmanhay, Station Road, Scawby

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

The objector stated that he had no objection to the building itself, but that it was in fact close to, and overlooked, the house not the garden.  The fence between the properties was in fact 1.5m high not 2m as stated in the report.  The objector was concerned that the property was being advertised for sale with planning permission already granted, and that the proposed business use would be an invasion of his privacy.

Resolved – That permission be granted, with the additional condition that the granting of the business permission be limited solely to the individual applicant, not to the property.

(xiv) PA/2009/0810 by Mr J Williams for outline planning permission to erect a detached house and garage (access not reserved for subsequent approval) at 24 Cross Street, Crowle.

Prior to consideration of this application the applicant addressed the committee.

The applicant stated that it was injustice that he would be refused permission on the basis of flood risk.  There had been no floods on the site in 40 years, and permission had previously been granted for development 50-100 yards away, and another plot had been allowed permission which was one metre below the applicant’s site.

The applicant stated that the Environment Agency line was too rigid.  The council’s officer explained that the flood risk line was produced not just by the Environment Agency, but in consultation with North Lincolnshire Council and North East Lincolnshire Council in the Strategic Flood Risk Assessment and the site in question was in zone 3i, that at most high risk.

Moved by Councillor Eckhardt and seconded by Councillor England –

That permission be granted.

Motion Lost

Moved by Councillor Grant and seconded by Councillor O’Sullivan –

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

Motion Carried

1168   (24) 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.

1169   (25) CONFIRMATION OF TREE PRESERVATION ORDER – HILLCREST, 33 HIGH STREET, EPWORTH ORDER 2009

Prior to consideration of this application a local resident addressed the committee.  He stated that the quality of the trees and visual screening afforded by them was appreciated by both residents and visitors.

The Service Director Highways and Planning submitted a report inviting members to determine whether or not to confirm a Tree Preservation Order made under Section 201 of the Town and Country Planning Act 1990 on five trees at Hillcrest, 33 High Street, Epworth.

The property of Hillcrest, 33 High Street, Epworth was within the Conservation Area of Epworth.  Anyone proposing to cut down or carry out work on a tree within a conservation area was required to give the Local Planning Authority (LPA) six weeks’ prior notice.  The purpose of this requirement was to give the LPA an opportunity to consider whether a Tree Preservation Order (TPO) should be made in respect of the tree.   Trees with a diameter less than 7.5cm (measured at 1.5m above ground) were exempt from this requirement.

An application 2009/0245 was registered on 4 March 2009 giving Notice of Intention to remove four trees within the rear of Hillcrest, 33 High Street, Epworth.

There were other trees on this site. One tree, a mature Sycamore, was already protected as T41 of the Epworth No.1 Order 1977. This tree was not being considered for removal.  There were also smaller trees within site that were exempt from needing consideration from the LPA before works could be undertaken on them, most within a line of conifer hedge that had been left to grow out.

There were four objections to the initial Conservation Area application.  Epworth Town Council also objected to the removal of these trees, as they were concerned that the removal of these would damage other trees (the sycamore) already protected with a tree preservation order.

The site was visited by the LPA tree officer and due to objections being submitted an emergency TPO was placed on the trees, to protect them until more detailed consideration could be given.  There were five trees within this order, their locations approximately as indicated on the map attached to the report, however the cedar (T5) was closer to the property than shown.  A mature sycamore tree already protected by a previous TPO in 1977 was situated next to T3 on its western side, between it and T2 on the map.

Resolved – That taking into account the condition and visual amenity value of the five trees that the Tree Preservation Order be modified with T2 – Leyland Conifer, T4 – Ash and T5 – Cedar excluded from the order.  The order should therefore be confirmed with T1 – Yew and T3 – Lombardy Poplar enjoying continued protection.

 

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