Democracy | Planning Committee

Planning Committee – 27 May 2009

Chair: Councillor Collinson
Venue: The Council Chamber, Pittwood House, Scunthorpe
Time: 2pm

AGENDA

Substitutions.
Declarations of Personal and Personal and Prejudicial Interests, significant contact with applicants, objectors or third parties (Lobbying) and Whipping Arranbe assembly and would not be noisy. The application addressed the concerns of the objector.

Resolved – That permission be granted in accordance with the recommendations contained in the report, subject to an additional condition requiring a soundproofing scheme to be approved by the LPA.

1140 (2) 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) 09/0078 by Mrs P Green for the retention of the use of dog breeding kennels, rescue kennels at High Ridge Farm, Burnham Road, Owston Ferry.

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

(ii) 09/0203 by Mr C French for change the use of a retail shop to domestic accommodation, including a domestic garage, removal of the shop front, removal of a timber outhouse, internal and external alterations and provision of a new access onto Fleetgate at 57 Fleetgate, Barton-upon-Humber.

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

(iii) 09/0218 by Mr C French for listed building consent to change the use of a retail shop to domestic accommodation, including a domestic garage, removal of the shop front, removal of a timber outhouse, internal and external alterations and provision of a new access onto Fleetgate at 57 Fleetgate, Barton-upon-Humber.

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

(iv) 09/0222 by Mr Hitesh Patel for erection of a dwelling with four rear facing rooflights, contrary to the provisions of condition 5 of previously approved permission 2008/0412

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

(v) 09/0247 by Mr A Stafford for consent to carry out works to a sycamore tree protected by Tree Preservation (Crowle) Order 1971 at 16 The Paddocks, Crowle

Prior to consideration of this application, the applicant addressed the committee He stated that since the Order had been made in 1971 the tree had grown considerably. The canopy was now over his property and the tree was only 9 metres from the property. There was a fork in the tree which could possibly split.

Moved by Councillor B Briggs and seconded by Councillor Barker –

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

Motion Lost

Moved by Councillor B Briggs and seconded by Councillor Wardle –

That consideration of this application be deferred until the next meeting to enable investigation of the apparent discrepancy between the report and the applicant’s account of the distances involved.

Motion Carried

(vi) 09/0275 by Birchwood Developments (Lincs) Ltd for retention of an outbuilding and change of use to a dwelling at the lodge, Adjacent to The Mount, B 1208 from the A18 to Brigg Road, Castlethorpe

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

(vii) 09/0292 by Mr T Shepherdson for the erection of two-storey extensions at Poplar View, Soff Lane, Goxhill

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

(viii) 09/0293 by Mr J Kirby for erection of an extension at 70 Rectory Street, Epworth.

Prior to consideration of this application, an objector addressed the committee. He claimed that the report contained errors and incorrectly identified which of the neighbouring properties had an existing extension.

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting. The purpose of the site visit is to examine the alleged discrepancies in the report and accompanying plan.

(ix) 09/0343 by Mrs W Cheung for change of use from retail to Chinese takeaway with associated extraction unit and LPG tank at 61 Station Road, Keadby.

Prior to consideration of this application, the applicant’s agent addressed the committee. He stated that there was a need for such a facility in the village The business would not open late at night when revellers would be leaving local pubs. There was an existing car park to cater for customers. Most meals purchased from the proposed takeaway would be taken home, therefore there should not be a problem with litter. However a waste bin would be provided outside the premises.

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

(x) 09/0384 by Mr D Snowden for the erection of 3 apartments at 70 Doncaster Road, Haxey.

Prior to consideration of this application, an objector addressed the committee. He stated that the proposal would not be in keeping with the locality. The plans were inaccurate. A similar application had previously been refused. The building would not fit into the available space. A privet hedge would have to be removed. A tree on the site ought to be retained which would mean the development would have to move further towards the front of the site. The area was prone to flooding. There was insufficient car parking provision.

1141 (3) 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.

Councillor Armitage left the meeting.

1142 (4) PARKING PROVISION GUIDLEINES FOR NEW AND CHANGE OF USE DEVELOPMENTS WITHIN NORTH LINCOLNSHIRE – The Service Director Highways and Planning submitted a report inviting members to give consideration to modified guidelines for parking provision in new and change of use developments in North Lincolnshire.

It was considered that new guidelines would:

provide a consistent approach to the provision of parking for new and change of use developments;
contribute to the Aims of the Highways and Planning Service, principally through Travel Choice (Aim 2) and Improving Development (Aim 5);
contribute to the achievement of the council priority ‘Improving our environments’.

The main changes to the existing policy standards (which were contained in Appendix 2 of the North Lincolnshire Local Plan) were (i) increased flexibility in decision-making relating to parking provision; and (ii) generally, a reduction in the required provision of parking for proposed developments in town centres.

Planning Policy Statement 3 (PPS3) advised that: ‘Local Planning Authorities should, with stakeholders and communities, develop residential parking policies for their areas, taking account of expected levels of car ownership, the importance of promoting good design and the need to use land efficiently.’

There was a need to update and modify the current parking provision guidelines in line with new government policies and associated guidance. The proposed amended document was attached as Appendix 2 to the report.

Town and parish councils had been consulted and five had responded. A summary of the points raised by these was contained in Appendix1 to the report.

Recommended to Council – (a) That the guidelines be approved in principle; (b) that further consultation be undertaken in respect of the schedule of parking provision, and (c) that the town and parish councils that have responded to the consultation be written to advising of the outcome and thanking them for their comments.

1143 (5) INTERIM PLANNING POLICY RELATING TO CLIMATE CHANGE AND ENERGY CONSULATATION IN RELATION TO NEW BUILDINGS – The Service Director Highways and Planning submitted a report seeking approval (i) to the carrying out of public consultation on the establishment of a possible Development Control policy that would require all new housing sites above 5 dwellings or greater than 1000 m2 site area built within North Lincolnshire to comply with the Code for Sustainable Homes level 3 and above on a sliding scale as outlined in the report, and (ii) the carrying out of public consultation on the possible creation of a Development Control policy that would require all industrial and commercial premises greater than 1,000 m2 to provide 20% of their expected energy demand from on site renewable energy.

The development of this policy was a key requirement of the Councils Climate Change Action Plan, adopted in March 2007, which in turn was a requirement placed on the council as a signatory to the Nottingham Declaration on Climate Change.

As part of the package of measures in the Climate Change Action Plan, the Planning Authority had been tasked with delivery of sustainable houses against a sliding scale of the Code for Sustainable Homes.

Unfortunately the planning authority had been unable to implement any requirements on new buildings submitted for approval under planning legislation due to a vacuum in the policy direction between the current Local Plan and emerging Local Development Framework (LDF). This report aimed to address this policy vacuum.

Central Government’s commitment to reducing the carbon emissions of residential development was clear. It had asked the housing industry to sign the ‘green pledge’ to make zero carbon housing a reality within 8 years. The pledge not only set out that all new houses would be zero carbon rated by 2016 but that in the interim, new houses would be built to increasingly higher environmental standards. Overall its houses accounted for 30% of all the carbon emissions within North Lincolnshire based on 2005 figures from DEFRA.

Planning Policy Statement No. 1 Planning and Climate Change (Dec 2007) set out how the Planning System should contribute to reducing emissions and stabilising climate change. Where proposals were inconsistent with the key objectives set out in the PPS, consideration should be given as to how the proposal could be amended to make it acceptable or where this was not practicable, whether or not planning permission should be refused.

A number of Local Planning Authorities had already started to address this issue in relation to the consideration of Planning Applications, notably the London Boroughs of Merton and Croydon. In both these areas developers of major residential or commercial/industrial schemes were required to show how their scheme had been designed to minimise carbon emissions and or provide for on site renewable energy production.

From May 2008 the Code for Sustainable Homes had introduced new mandatory level of carbon emissions reduction, arranged on 6 levels: –

Level 1 = 10%
Level 2 = 18%
Level 3 = 25%
Level 4 = 44%
Level 5 = 100% (carbon neutral)
Level 6 – 100% + ancillary equipment and appliances.

There was a huge advantage to local homeowners, house builders and architects and designers by taking up the requirements of the Code thereby reducing future carbon emissions as a result. However, the scheme was not without costs, both in adapting premises now to meet the future challenges, i.e. future proofing new houses as best as possible, and in meeting the costs of the assessment regime.

It was suggested that the Council should now consider imposing an appropriate standard for new house building.

Commercial and Industrial developments in North Lincolnshire accounted for 48% of our current CO2 emissions. The Government had again introduced a timescale by which all commercial developments would also have to become more carbon efficient.

It was felt that if the Council was going to show a strong community lead on residential development it should do the same for commercial development.

In North Lincolnshire it was suggested that commercial and industrial developments should be expected to generate 20% of the annual predicted energy consumption through on site renewables. In summary it was suggested that the following breakdown should apply:

Residential				Commercial
	Level 3	Level 4	Level 5
2009	60%	30%	10%	20% until the code for buildings is applied nationally
2010	40%	40%	20%
2013	20%	40%	40%
2016			100%

Recommended to Council – (a) That consultation be undertaken with all relevant internal and external organisations including publicity in the local press, and (b) that a further report be submitted to the Planning Committee once the consultations have been carried out and assessed.

1144 (6) PLANNING ACT 2008 – CONSULTATION ON THE PRE-APPLICATION CONSULTATION & APPLICATION PROCEDURES FOR NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECTS – The Head of Strategic Regeneration, Housing and Development submitted a report informing members about the consultation currently taking place on the pre-application and application procedures for nationally significant infrastructure projects.

The Planning Act 2008 made fundamental changes to the system for authorising nationally significant infrastructure projects in the United Kingdom which would come into effect in 2010.

The Government was now asking key stakeholders to comment on a draft of the mandatory procedures for public consultation under the new regime.

The Planning Act 2008, which had been enacted in November 2008, had altered the way in which proposals for nationally significant infrastructure projects (NISPs) will be determined. A range of projects for the development of energy generation facilities, airports, highways, railways, water resources and waste treatment facilities would now be classed as NISPs. Development of these projects would require development consent which could only be granted by an order of the newly created Infrastructure Planning Commission (IPC).

Following the Act, the Department for Communities and Local Government had now published its consultation on the draft regulations that would shape the procedures to be followed during the application for the new, all-encompassing consent. The consultation period ended on 19 June and the draft regulations were expected to come into force in October 2009.

The draft regulations focused on four key areas:

Pre-application and application procedures and requirements;
Model provisions for development consent orders
Environmental Impact Assessment regulations
Amendments to Conservation and Natural Habitats Regulations

The report outlined the proposals in each of these areas.

Recommended to Council – (a) The contents of the report be noted., and (b) that a response be sent to the Department for Communities & Local Government requesting that local planning authorities are included as consultees under Schedule 1 of the proposed Infrastructure Planning (Applications & Procedure) Regulations 2009.

1145 (7) PROPOSED DIVERSION OF PUBLIC FOOTPATH 256, BARNETBY LE WOLD – Further to Minute 1071,The Service Director Highways and Planning submitted a report inviting members to consider whether this diversion order should be discontinued in the light of new information.

Four duly lodged objections to the order had been received from members of the public. Three concerned the surface conditions of the proposed diverted route, and one the stated variable width.

The landowner was in agreement for the order not to be confirmed.

Resolved – That the order not be pursued on the grounds that the proposed route is prone to severe waterlogging.

1146 (8) BYWAY OPEN TO ALL TRAFFIC (BOAT) 83 (GREEN LANE), NORTH KILLINGHOLME

Prior to consideration of this item an objector addressed the committee. He stated that the route had been a highway since 1875. A list of streets should have been produced in 1996 but had not been done so by 2008. He drew attention to the Inclosure Acts.

Further to Minute 1073, the Service Director Highways and Planning submitted a report inviting members to consider what action to take in respect of a definitive map modification order which had attracted objections when advertised.

The order had been made on 7 November 2008 and advertised on 27 November 2008. Two objections had been duly lodged.

The objectors themselves disagreed as to the order’s significance. Mr and Mrs Clark , over whose land the path passed, disputed the existence of a highway over their property and pointed out the distress that having such a highway would cause them. Mr Carney, on the other hand, was of the opinion that the highway not only existed, but was of a higher status than a BOAT. A BOAT was the highest status of public right of way and only public rights of way could be recorded on the definitive map.

Despite Mr and Mrs Clark’s comments, Green Lane was already known to North Lincolnshire Council as a highway of some description by virtue of being recorded on the list of streets (the schedule of highways maintainable at public expense under section 36 of the Highways Act 1980). So if the order were not to be confirmed, the assumption that Green Lane was a highway would remain unless compelling evidence to the contrary were forthcoming or Green Lane were to be stopped up by some official means such as closure by the magistrates’ court on the grounds that it was unnecessary.

Resolved – (a) That the “Definitive Map Modification (Byway Open to All Traffic 83, North Killingholme) Order 2008(1)” and objections be referred to the Secretary of State for Environment, Food and Rural Affairs with a request that the order be confirmed; and (b) that the council participates fully in whatever means of the Secretary of State’s choosing is used to determine whether the order should be confirmed, with or without modifications.

1147 (9) PROPOSED CREATION OF PUBLIC FOOTPATHS, GOXHILL – The Service Director Highways and Planning submitted a report seeking approval to add to the definitive map and statement two new public footpaths in the village of Goxhill, one over land in the ownership of North Lincolnshire Council and the other, subject to members agreeing to enter into an agreement to create such a footpath, over land in the ownership of Goxhill Parish Council. One footpath ran into the other. They were, therefore, effectively one route. It would link Restricted Byway 63 (known as the Green Ramper) with Public Footpath 62.

The proposed creation was a joint endeavour by North Lincolnshire Council and Goxhill Parish Council. Both were wanting to create a length of footpath each that together would form a single route along the south-eastern and south-western perimeters of Goxhill Primary School between the restricted byway known as the Green Ramper and Public Footpath 62 within the village, which ran from Chapel Street to North End. This amounted to 167 metres of new footpath across land within North Lincolnshire Council’s ownership and 87 metres of new footpath across land within the Parish Council’s ownership.

Resolved – That North Lincolnshire Council’s dedication of a public footpath along the outer south-eastern perimeter of Goxhill primary school between the Green Ramper (grid reference TA10552198) and the adjacent playing field (grid reference TA10452185) be acknowledged; (b) that an agreement be entered into with Goxhill Parish Council under section 25 of the Highways Act 1980 to dedicate a continuation of the above-mentioned North Lincolnshire Council-dedicated footpath from grid reference TA10452185 to Public Footpath 62 at grid reference TA10392189; (c) that the new footpaths, if created, be added , and (d) that the new footpaths, if created, be added to the list of streets as highways maintainable at public expense.

1148 (10) APPLICATION FOR REGISTERATION OF A VILLAGE GREEN AT CLIFF ROAD/BACK LANE, WINTERINGHAM – The Service Director Highways and Planning submitted a report inviting members to determine whether or not the area known as ‘Town End’ should be added to the Register for Town and Village Greens.

An application for registration of a Village Green at the junctions of Cliff Road and Back Lane, Winteringham, had been lodged with North Lincolnshire Council by Winteringham Parish Council in 2007. Registration of Town and Village Greens was governed by the Commons Act 2006. The application was made via section 15(1) of the Act using a Form 44.

The Council was the registration authority for the purposes of the legislation. Registration authorities were required to maintain a register of common land and a register of town or village greens.

There were ten letters received from local inhabitants (the neighbourhood in question being the village of Winteringham as a whole) attesting to a minimum of 20 years’ recreational usage. The evidence submitted referred to use as a place of meeting and recreation, centred around the old pump and bench. The old pump had ben installed in 1911, the year of the coronation of King George V, and restored in 1977 – these dates were taken as accurate as they were inscribed on plaques attached to the Pump, and were supported by a newspaper clipping Residents had used the Green as an area literally to pass the time by meeting other residents and watching the world go by.

Designation of the area as a village green would ensure the conservation of an outdoor recreational area. It was apparent from written support received that such designation would be well received by the public.

Resolved – That the application be upheld and that the land it relates to is added to the register of town and village greens on the basis that the application is not opposed and appears to meet all the legal criteria for registration.

1149 (11) CONFIRMATION OF TREE PRESERVATION ORDER – HOLLY LODGE, CHURCHTOWN, BELTON ORDER 2008

Prior to consideration of this item an objector and a supporter of the Order addressed the committee.

The objector believed that the tree was largely dead. Deadwood on the upper limbs was constantly falling off. He had sought the advice of a tree surgeon who had recommended that the tree should be felled or at least pruned by 40 – 50 percent.. Following representations by his neighbour the council had placed a temporary TPO on the tree. However no justification had been made for confirmation of the order.

The supporter stated that the tree made a significant contribution to the character of the area. It was fifty years old and older than the property in the grounds of which it was sited. It provided shade for his garden which had been planned accordingly. Removal of the tree would have an adverse impact on the local eco-system.

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 a mature Ash tree within the rear garden of Holly Lodge, Churchtown, Belton.

Following a call from a concerned member of the public regarding the imminent removal of a mature Ash tree located within the rear garden of Holly Lodge, Churchtown, Belton a Council representative had visited the site location. The contractor had been stopped from continuing work on the tree.

In order to prevent the tree being removed immediately a Tree Preservation Order had been placed on the tree on 17 December 2008.

Use of Section 201 gave 6 months for the Council to consider the situation surrounding the tree and whether confirmation of the order was required.

Due to letters of concern from local residents regarding the making of the tree preservation order and the original concerns for the tree being removed, the decision as to confirmation was being brought to the Planning Committee.

The issue for consideration was whether the Tree Preservation Order should be confirmed taking into account the amenity value of the tree, an assessment of the tree within the character of the local area, together with the condition of the tree.

The tree was situated on the edge of the village settlement of Belton, and could be seen from A161 over the open arable fields. It was therefore visible over a reasonable distance from within the public street scene. It appeared to be one of a line of Ash trees running approximately east to west and this may indicate that it is part of an original hedge line.

The tree location was within the southern half of the rear garden. This was outside the development area, but within LC14 of the Local plan – Area of Special Historic Interest, the Isle of Axholme having been identified as having areas of open strip fields and turbaries of national importance. The character of this area was therefore one of an open landscape.

The tree was a mature Ash tree situated in a paved area in the rear garden of Holly Lodge and was immediately adjacent to the boundary wall with adjacent property to the east. The buttress roots of the tree had started to move the wall out of alignment, and were the tree retained, an engineering solution using a lintel system straddling the roots would be required in order to resolve this problem.

The tree itself did not appear to be in good condition. There were many branches within the canopy that appeared to be dead with diameters of up to 10cm across. It was estimated that between 20 – 30% of the tree branches were in such a condition, many of these branches overhanging neighbouring properties and sheds etc that had recently been built directly under the tree canopy.

The tree was also heavily laden with keys (winged seeds) produced over the last year, which were often an indicator of a stressed tree. The presence of these keys together with the amount of dead wood now being produced by the tree was of concern and could indicate it was now starting to regress and dieback. A tree in such a condition was considered not worthy of a Tree Preservation Order.

Resolved – That, due to the poor condition of the tree and the dangers of falling branches and toppling wall, the order not be confirmed.