Planning Committee – 7 April 2010
Chair: Councillor Collinson
Venue: The Council Chamber, Pittwood House, Scunthorpe
Time: 2 pm
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 March 2010 as a correct record and authorise the chair to sign.
4. Applications deferred from previous meeting for site visits.
5. Planning and other applications for determination by the committee.
6. North Lincolnshire Design Awards.
7. Trent Catchment Flood Management Plan – Draft Plan – Report of the Head of Strategic Regeneration, Housing and Development.
8. Any other items, which the chair decides are urgent, by reasons of special circumstances, which must be specified.
The public are likely to be excluded from the meeting for consideration of the following item on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 7 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).
9. Unauthorised siting of residential caravans for residential purposes – Land in Mill Lane, Brigg – EXEMPT
Note: All reports are by the Head of Planning unless otherwise stated.
PRESENT: Councillor Collinson (in the chair).
Councillors Whiteley (Vice-Chair), Barker, Barkworth, B. Briggs, Bunyan, Carlile, Eckhardt, England, Grant, C Sherwood, N Sherwood and Swift.
Councillors J Briggs, Cawsey, T Foster, Poole, Smith, Regan and Stewart attended the meeting in accordance with the provisions of Procedure Rule
The committee met at Pittwood House, Scunthorpe.
1231 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||Minute||Application||Nature of Interest|
|Cllr Bunyan||1234 (iii)||09/1303||Knew the objector|
The following members declared personal interests: –
|Members||Minute||Applications||Nature of Interest|
|Cllr B Briggs||1233 (iv)||10/0038||Registered with the applicant’s practise|
|Cllr Bunyan||1234 (iv)||09/1315||Member of Broughton Town Council|
|Cllr Barker||1236||N/A||Member of Isle of Axholme IDB|
|Cllr B Briggs||1236||N/A||Member of Isle of Axholme IDB|
|Cllr Bunyan||1236||N/A||Member of Ancholme IDB|
|Cllr Eckhardt||1236||N/A||Member of Isle of Axholme IDB|
|Cllr England||1236||N/A||Member of Messingham IDB|
|Cllr N Sherwood||1236||N/A||Member of Ancholme IDB|
The following members, attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) declared personal interests:
|Members||Minute||Applications||Nature of Interest|
|Cllr T Foster||1236||N/A||Member of Ancholme IDB|
|Cllr Stewart||1234 (iv)||10/0038||Registered with applicant’s practice|
The following members declared that they had been lobbied:-
|Cllr B Briggs||1233 (iv)||10/0038|
|Cllr B Briggs||1233 (ii)||09/0334|
|Cllr Collinson||1233 (ii)||09/0334|
|Cllr Eckhardt||1233 (iv)||10/0038|
|Cllr England||1233 (iv)||10/0038|
|Cllr C Sherwood||1233 (i)||10/0025|
|Cllr N Sherwood||1233 (i)||10/0025|
The following members attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) declared that they had been lobbied: –
|Cllr T Foster||1233 (ii)||09/0334|
|Cllr Poole||1233 (ii)||09/0334|
|Cllr Poole||1234 (vii)||09/1459|
|Cllr Regan||1234 (vii)||09/1459|
The following officer declared an interest: –
|Officer||Minute||Application||Nature of Interest|
|Mr M Welton (Head of Planning)||1234 (vii)||09/1459||Knew the agent|
1232 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 10 March 2010, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.
1233 (73) 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) 10/0025 by Mr M Naylor for the erection of a garden store 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 was concerned at the potential use of the buildings to accommodate horses and other livestock. Whilst he had no objection in principle to the proposal, if the buildings were to be used for housing animals this would cause noise and odour nuisance to him and his family.
The applicant confirmed that he wished to amend the description of the development as set out above. He had no intention of keeping horses in the buildings. The buildings would be on the site of an old garage and keep and would be in character with their surroundings. The buildings would be screened by the boundary wall.
Resolved – That permission be granted in accordance with the recommendation contained in the report subject to an additional condition prohibiting the buildings from being used for keeping horses or other livestock.
(ii) 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 (re-submission of PA/2008/0793) at former British Sugar site, access roads to power station, Scawby Brook, Scawby
Prior to consideration of this application five objectors and the applicant’s agent addressed the committee.
The objectors were concerned about the potential for flooding, land contamination and the volume and type of traffic that would be generated by the proposal. The site was in a category 3:2 for flood risk. There was no proposed condition to limit the type of material to be burnt. The site was contaminated with arsenic, asbestos and lead. The objectors questioned the way in which the sequential test required under PPS 25 had been carried out, suggesting that there were two suitable alternative sites available.
The objectors were concerned that the high volume of large lorries that the proposal would create would lead to a risk of accidents. The Traffic Assessment carried out for the applicants had merely been a desktop study. There was potential for severe congestion at a mini-roundabout at Castlethorpe and a dangerous blind bend nearer the site. Lorries would also deposit straw litter and create noise nuisance for local residents as well as emitting polluting gases.
One of the objectors lived in a Listed Building on the route and would be affected by vibration from passing lorries.
The applicant’s agent stated that the former British Sugar plant had employed 1,500 people and had generated 500 vehicle movements per day. The site was now designated in the Local Plan as being suitable for regeneration. Fuel for the proposed plant would be sourced locally. 89% of all land in North Lincolnshire was agricultural. The plant would employ 30 people and there would be additional short term jobs created by its construction. A full Environmental Assessment and 3 specialist transport assessments had been submitted.
Councillors T Foster and Poole, attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) spoke on this application.
Members were concerned that parts of the access roads were not suitable for traffic of the type and frequency that would be generated; that in the absence of sheeting, there would be an unacceptable level of straw litter produced; that undue inconvenience would be caused to people living nearby and that there were serious road safety issues and felt that on balance, the detrimental effects outweighed the benefits.
Resolved – That permission be refused for reasons relating to noise and disturbance to residents resulting from the level of traffic, road safety and straw litter.
(iii) 10/0037 by Mr D Amys for the erection of a detached dwelling (resubmission of PA/2009/0981) at rear of Pear Tree Farm, Johnsons Lane, Crowle
Prior to consideration the applicant’s agent addressed the committee. He stated that all the neighbours supported the application. The existing barn on the site had an overbearing impact on the neighbouring properties.
Resolved – That permission be granted subject to standard conditions and those requested by the Highways Team and Severn Trent Water Authority and in relation to land contamination.
(iv) 10/0038 for the change of use of part of a surgery to a retail pharmacy with associated alterations at 30 Church Street, Haxey.
Prior to consideration of this application an objector and the applicant addressed the committee.
The objector referred to traffic and car parking problems in the vicinity of the surgery that he believed would be exacerbated by the proposed development.
The applicant stated that he already dispensed medicines to patients in the Haxey and Westwoodside area and did not cater for passing trade. There would therefore be no increase in vehicle movements to and from the surgery.
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 in accordance with the recommendation contained in the report.
1234 (74) 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) 07/1633 by Mr and Mrs K Button for the erection of 3 detached dwellings, a pair of semi-detached dwellings and conversion of part of an existing joinery workshop into 2 dwellings, together with an access road, garages and parking areas to cater for the development on land adjacent and to the rear of 43 West Street, Winterton.
Prior to consideration of this application an objector addressed the committee. She was concerned at the potential visual impact of the proposal and the impact on the privacy and quality of life of neighbours. There was a potential for complaints by the new residents against bell ringing at the church. There were already a number of unoccupied new properties in Winterton.
Councillors Cawsey and Smith, attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) spoke on this application.
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 enable members to assess the impact on the Conservation Area and to view the proposed access arrangements.
(ii) 07/1634 by Mr and Mrs K Button for conservation area consent to demolish storage sheds and brick workshops (resubmission of PA/2006/1718) on land adjacent to 43 West Street, Winterton.
Resolved -That consideration of this application be deferred until a future meeting and that members visit the site prior to that meeting.
Prior to consideration of the following application, 09/1303, Councillor Bunyan, having declared a personal and prejudicial interest in the application, left the meeting.
(iii) 09/1303 by Mr A Borrill for the erection of a detached dwelling with integral garage together with associated parking and access (re-submission of PA/2009/0923) on land adjacent to Windy Gyle, Town Hill Drive, Broughton.
Prior to consideration of this application an objector addressed the committee. He was concerned that the proposed development would extend beyond the “building line” he also raised issues in relation to an easement for utilities, and potential overlooking of his property.
Resolved – That consideration of this application be deferred until a future meeting and that members visit the site prior to that meeting, the reason being to assess the potential for loss of light to the neighbouring property.
(iv) 09/1315 by Mr J Phillips for the erection of a two-storey extension to the front of the property and a single-storey extension to the rear with terrace above and balconies at the side and rear at 5 Emmery Close, Broughton.
Councillor Bunyan returned to the meeting.
Resolved – That permission be granted in accordance with the recommendation contained in the report
(v) 09/1415 by Keigar Homes ltd for conservation area consent to demolish an existing building at 61 West Street, Winterton
Resolved – That consent be granted in accordance with the recommendation contained in the report.
(vi) 09/1416 by Keigar Homes Ltd. for the erection of 4 dwellings at 61 West Street, Winterton..
Prior to consideration of this application a representative of the applicant addressed the committee. He stated that comments regarding design etc. received during the consultation period had been taken into account. The existing building on the site was not of any intrinsic importance to the Conservation Area. The proposed dwellings would enhance the Conservation Area.
Members were concerned that whilst this application and an earlier application on land immediately adjacent to the site were each below the threshold for requiring a contribution for affordable housing or education, together they would reach that threshold.
Councillor Cawsey, attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) spoke on this application.
Resolved – That consideration of this application be deferred to enable officers to negotiate a possible Section 106 agreement.
Prior to consideration of the following application, 09/1459, Mr Welton, having declared a clear and substantial non-pecuniary interest in the application, left the meeting.
(vii) 09/1459 by Mr and Mrs M and H Thompson for the retention of a change of use of land for the siting of an existing mobile home and its use as a holiday let at Acorn Wood caravan park, Darby Road, Burton-upon-Stather
Councillors Regan and Poole, attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) spoke on this application.
Moved by Councillor B Briggs and seconded by Councillor Eckhardt –
That permission be granted.
Moved by Councillor Grant and seconded by Councillor Bunyan –
That permission be refused in accordance with the recommendation contained in the report.
Mr Welton returned to the meeting.
(viii) 10/0068 by Keigar Homes Ltd. for the demolition of an existing dwelling and erection of two 5/6 bedroomed dwellings at 22 Top Road, Winterton
Prior to consideration of this application a representative of the applicant addressed the committee
Resolved -That consideration of this application be deferred until a future meeting and that members visit the site prior to that meeting to assess outlook and the environmental impact of the development.
1235(75) NORTH LINCOLNSHIRE DESIGN AWARDS -The Head of Planning submitted a report briefing members on the implications and benefits of establishing a biennial district design awards scheme.
Good quality housing design could improve social well-being and quality of life by reducing crime, improving public health, easing transport problems and increasing property values, both commercial and private. Research conducted by CABE and academic institutions had continually showed the benefits that good design could bring to an area, not only in economic benefits, but also social, with a decrease in anti-social behaviour and improvements in people’s well-being.
Recently the council had resolved to adopt the Building for Life (BfL) criteria for assessing major housing proposals and this was considered an important step in raising the quality not only of dwellings, but also the general quality of the built environment in North Lincolnshire. BfL would become an increasingly important tool in relation to determining planning applications and completing Annual Monitoring Returns and its continued use and promotion should be increasingly important and promoted.
BfL was only one part, however, in the battle to improve the quality of the built environment in North Lincolnshire. Many local authorities now had a plethora of guidance and statutory policy in terms of improving the quality of the built environment and the public realm, including the adoption of building quality/design awards.
Members were invited to consider establishing a district design awards scheme within North Lincolnshire. The report outlined how the scheme could function and the possible categories of awards.
Resolved – (a) That further consultation work be carried out on the feasibility of setting up a planning design awards scheme for North Lincolnshire, and (b) that the results of the consultation exercise be reported back to the committee before any decision is taken to proceed with such a scheme.
1236 (76) TRENT CATCHMENT FLOOD MANAGEMENT PLAN – DRAFT PLAN – The Head of Strategic Regeneration, Housing and Development submitted a report informing Members of the key proposals set out in “Trent Catchment Flood Management Plan” (CFMP) a Draft Plan issued by the Environment Agency (EA) for public consultation.
The CFMP was a high level strategic planning tool through which the EA sought to work with other key decision makers to identify and agree policies for sustainable flood risk management on a catchment wide basis.
The council had previously commented on the 2008 Consultation Draft (Minute991 refers) At that time the council had strongly opposed the identification of Policy Unit 1 ‘Axholme and North West Lincolnshire’ as a Policy 2 designation and had urgently sought its redesignation to Policy 4. “Take further action to sustain the current level of flood risk into the future (responding to the potential increases in risk from urban development, land use change and climate change).”
Given the area of North Lincolnshire that fell within the flooding influence of the Trent and its tributaries it was of great concern that policy unit 1 ‘Axholme and North West Lincolnshire’ had still only been assessed as a policy 3 area.
The apparent rationale behind the new policy 3 designation was that the risks were currently managed to an appropriate level (no major threat to loss of life, and limited consequences in an extreme event) and where the flood risk was not expected to increase significantly in the long term. The consequence of climate change was not considered as part of policy 3.
At this current stage of the CFMP’s production it was unclear how exactly this would impact on local Trent side communities including the lowest reaches of the Scunthorpe urban area. What was clear, however, was that any proposal that could effectively increase the flood risk to North Lincolnshire’s communities was totally unacceptable. Climate change and increases in sea level would have even more impact on flood levels in future years. It was, therefore, imperative that river defences were adequately maintained and improved upon to ensure that communities were protected now and in the future. A policy 3 designation did not allow this to happen as defences, even if maintained, were not improved with respect of climate change .
However, it was not just current communities that this proposed policy action would affect but potentially it could have a huge impact on the ability to deliver the sustainable urban growth of Scunthorpe and the Lincolnshire Lakes project.
Resolved – (a) That the Council responds to the Trent CFMP consultation, strongly opposing the identification of Policy Unit 1 ‘Axholme and North West Lincolnshire’ as a Policy 3 designation, and (b) that the Council urgently seeks the redesignation of Policy Unit 1 ‘Axholme and North West Lincolnshire’ to Policy 4. – “Take further action to sustain the current level of flood risk into the future (responding to the potential increases in risk from urban development, land use change and climate change.”
1237 EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 7 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).
1238 (77) UNAUTHORISED SITING OF RESIDENTIAL CARAVANS FOR RESIDENTIAL PURPOSES, LAND IN MILL LANE, BRIGG – The Head of Planning submitted a report advising members with regard to the current situation relating to the unauthorised siting of caravans on land in Mill Lane, Brigg and in particular a failure to comply with two enforcement notices in relation to the land.
Resolved – (a) That prosecution in respect of the failure to comply with two enforcement notices on land in Mill Lane, Brigg be deferred to allow further efforts to be made in identifying suitable, alternative caravan sites for Gypsies/Travellers in the North Lincolnshire area; (b) that the matter is reviewed in 12 months’ time if by then there are still no sites identified, and (c) that the site be monitored during the deferral period to ensure no further material changes of use occur on the land.