Planning Committee – 17 November 2010

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

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 meetings held on 13, 14 (Special Meetings) and 20 October 2010 as a correct record and authorise the chair to sign.

4.  Major planning application for determination by the committee.

5.  Planning and other applications for determination by the committee.

6.  Enforcement update.

7.  Planning Statistics:  July – September 2010.

8.  Tree Preservation Order Confirmation – 2 High Street, Winterton – Report of the Service Director: Highways and Planning.

9.  Public Bridleway 20, Crowle – Report of the Service Director: Highways and Planning.

10.  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 Armitage, Bainbridge, Barker, B Briggs, Cawsey, Eckhardt, England, L Foster, Grant, C Sherwood, N Sherwood, and Wardle.

Councillors J Briggs, O’Sullivan and Mrs Redfern attended the meeting in accordance with the provisions of Procedure Rule 1.37 (b).

The committee met at Pittwood House, Scunthorpe.

1288 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 a personal interest:-

Members
Minute
Applications
Nature of Interest
Cllr B Briggs 1291(v) 10/0994 Registered with South Axholme Group Practice
Knew objector
Cllr Eckhardt 1291(v) 10/0994 Registered with South Axholme Group Practice
CllrEckhardt 1291(vii) 10/1070 Knew applicant’s family

The following members declared that they had been lobbied:-

Members
Minute
Application/Item
Cllr Bainbridge 1290 (i) 10/0961
Cllr Barker 1290 (i) 10/0961
Cllr B Briggs 1290 (i) 10/0961
Cllr B Briggs 1291 (v) 10/0994
Cllr Eckhardt 1291 (vii) 10/1070
Cllr England 1290 (i) 10/0961
Cllr C Sherwood 1290 (i) 10/0961
Cllr N Sherwood 1290 (i) 10/0961

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

Members
Minute
Applications
Nature of Interest
Cllr Mrs Redfern 1291 (iv) 10/0941 Member of Belton Parish Council
Cllr Mrs Redfern 1291 (v) 10/0994 Member of Belton Parish Council

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

Members
Minute
Application/Item
Cllr J Briggs 1290 (i) 10/0961
Cllr Mrs Redfern 1291 (vi) 10/1037
Cllr Mrs Redfern 1291 (v) 10/0994

Mr W Hill (Principal Development Control Officer) declared a clear and substantial non-pecuniary interest in application 10/1108 (minute 1291 (viii)) as he knew the applicant.

1289 MINUTESResolved – That the minutes of the proceedings of the meetings held on 13, 14 (Special Meetings) and 20 October 2010, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

1290 (29) MAJOR PLANNING APPLICATION – The Head of Planning submitted a report incorporating a schedule containing details of a major application for determination by the committee including summaries of policy context, representations arising from consultation and publicity and assessment of the applications. The Head of Planning updated the report orally where appropriate. Other officers attending gave advice and answered members’ questions as requested.

(i) 10/0961 by RES UK and Ireland Ltd. for the construction of a permanent bridge structure across the Stainforth and Keadby Canal and railway utilising existing track and abutment structures at the site on land west of Keadby, either side of the Stainforth and Keadby Canal, Keadby.

Prior to consideration of this application, an objector addressed the committee. He stated that there was an occupation road running between Chapel Lane and Ealand. There was a need for an agreement under Section 247 of the Town and Country Planning Act .

Councillor J Briggs, attending the meeting in accordance with Procedure Rule 1.37 (b), spoke on this application.

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to an additional condition requiring a construction method statement.

1291 (30) 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. The Head of Planning updated the reports orally where appropriate. Other officers attending gave advice and answered members’ questions as requested.

(i) 10/1043 by Mr G Singh for the conversion of an existing detached bungalow into four self-contained flats (re-submission of PA/2010/1043) at 14 Scotter Road, Scunthorpe.

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

The agent stated that pre-application advice had been sought and that the applicant had been advised that an application would be supported if adequate car parking provision was made. The earlier application had been withdrawn following the receipt of numerous objections. The premises had previously been used as a House in Multiple Occupation. The present proposal was more suitable. There were only two immediate neighbours and there was plenty of car parking space available.

The objector referred to drainage problems. He stated that the premises had already been converted to and occupied as flats. There had been numerous incidents of anti-social behaviour requiring the attendance of police officers and other agencies.

Councillor O’Sullivan, attending the meeting in accordance with Procedure Rule 1.37 (b), spoke on this application.

Resolved – That permission be granted in accordance with the recommendation contained in the report subject to an additional condition as requested by the Severn Trent Water Authority.

(ii) 10/0728 by Mr K Woodmandsey for the erection of a detached house and detached domestic garage (including demolitin of existing dwelling) at Sunningdale, 37 Cherry Lane, Wootton.

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

(iii) 10/0760 by 7 Lakes Country Park for the variation of condition 8 of permission PA/2006/1532 dated 7/12/2006 to read “The site shall not be used as a caravan site between 31 October and 1 March in the succeeding year” at 7 Lakes Country Park, Wharf Road, Ealand, Crowle.

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

(iv) 10/0941 by European Vehicle Sales (Export) Ltd for the change of use of buildings and land to include a haulage and storage yard with the retailing of HGVs, together with the dismantling of HGVs and recycling and selling of salvaged parts at Cabin Centre, Sandtoft Industrial Estate 1, Belton.

Councillor Mrs Redfern, attending the meeting in accordance with Procedure Rule 1.37 (b), spoke on this application.

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

(v) 10/0994 by Dr J Gallagher, South Axholme Group Practice for the change of opening hours of an existing surgery at 32 High Street, Belton.

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

(vi) 10/1037 by Dr C Potter for listed building consent to replace internal and external doors at The Old Rectory, 1 Rectory Street, Epworth.

Prior to consideration of this application the applicant addressed the committee. She stated that the internal fire door was a requirement of the Fire and Rescue Service. She was happy to accept the proposed conditions.

Councillor Mrs Redfern, attending the meeting in accordance with Procedure Rule 1.37 (b), spoke on this application.

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

(vii) 10/1070 by Miss P Gibbons for the erection of a temporary agricultural building at Hippopottering Nursery, Low Hall Road, East Lound, Haxey.

Prior to consideration of this application the applicant’s agent addressed the committee. He stated that horticulture was to be treated as agriculture in planning terms. The proposal was required to manage a horticultural business, namely the growing of Japanese Maples. The Royal Horticultural Society supported the application. The whole crop could be destroyed overnight in the event of a frost if there was no-one on site.

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 nature of the horticultural operation and the need for the proposed building.

Prior to consideration of the following application, 10/1108, Mr Hill, having declared an interest in the application, left the meeting.

(viii) 10/1108 by Mr and Mrs T Lowther for the erection of a replacement dwelling (re-submission of PA/2010/0570) at 75 Scawby Road, Scawby Brook, Scawby.

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

Mr Hill returned to the meeting.

(ix) 10/1115 by Mr P Strickland for the erection of a replacement bungalow at Hawcroft, Ings Road, Kirton-in-Lindsey.

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

(x) 10/1117 by Mr J Barry for the change of use of an observatory/health club to a dwelling at Winterton Observatory, Top Road, Winterton.

Prior to consideration of this application the applicant addressed the committee. He stated that he had bought the property at auction where it had been marketed as a residential property. The site had been a building site for fifteen years and the proposal would enhance the area.

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 setting of the site and the likely impact of the proposal on the character of the area.

1292 (31) 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.

1293 (32) PLANNING STATISTICS: JULY TO SEPTEMBER 2010 – The Head of Planning submitted a report containing details of the numbers of applications received and determined, broken down by category, in the period July – September 2010.

Resolved – That the report be noted.

1294 (33) TREE PRESERVATION ORDER CONFIRMATION, 2 HIGH STREET, WINTERTON – The Head of Planning submitted a report inviting the committee to decide whether to confirm a Tree Preservation Order (TPO) on two trees at 2 High Street, Winterton.

Notice of intention to fell the two sycamores in a Conservation Area had been received, giving six weeks notice to allow the council time to decide whether to place a TPO on them.

At the time of the initial inspection it had not been possible to gain access to the site and they had only been viewed from public vantage points. A TPO had been made as the trees had been identified as key trees for Winterton and had some visual amenity in the area, but with the intention to carry out a proper inspection within the six month period before a decision was to be taken as to whether to confirm the order. This further inspection had established that whilst the trees had amenity value, both had significant structural defects. An objection had been received to the order from the owner of the trees who was concerned at their close proximity to outbuildings. For these reasons it was therefore not considered expedient to confirm the order.

Resolved – That the Order is not confirmed as it is not considered expedient to do so.

1295 (34) PUBLIC BRIDLEWAY 20, CROWLE – The Service Director Highways and Planning submitted a report asking the committee to determine what action to take in relation to a Definitive Map Modification Order which had been made and duly objected to.

Prior to consideration of the report the objector addressed the committee. He claimed that the bridleway had not been in existence for 20 years prior to 1953 and was either a carriageway or private road rather than a public right of way. He was also concerned that it would be dangerous for users of the path to cross the busy A18.

The Service Director reported that the Order, made under Section 53 of the Wildlife and Countryside Act 1981 would, if confirmed, extend Bridleway 20, Crowle southward by 192 metres from Smaque Farm, via the A18 to the minor road between Hirst Priory and Dirtness Bridge.

The rationale for making the order was set out in the officer’s report to the Service Director, which was appended to the present report. Since the earlier report had been written further evidence had come to light, namely a form dated 13 July 1953 that had been sent from Crowle Town Council to Lindsey County Council describing the route of what was to become Bridleway 20. This referred to the southern end of the way as being the south-west corner of OS field no. 43 which was south of the A18 and not far from the Hirst Priory to Dirtness Bridge road, unlike what was currently shown on the definitive map.

The order had been made on 20 October 2009 and had attracted one objection. This had not been withdrawn. Therefore the committee had to decide to refer the order to the Secretary of State with a recommendation that either it be confirmed as made, that it be confirmed with modifications, or that it not be confirmed. In the view of officers no evidence had been submitted in respect of the objection made.

Resolved – (a) That Definitive Map Modification Order (Public Bridleway 20, Crowle) Order 2009 (1) be submitted to the Secretary of State for Environment, Food and Rural Affairs with a recommendation that she confirm the order as made, and (b) that the council participate fully in the Secretary of State’s chosen means of arbitration.

Reports