Planning Committee – 13 February 2013

Chair:  Councillor Bunyan
Venue:  The Council Chamber, Civic Centre, Scunthorpe
Time:  2  pm

AGENDA

1.  Substitutions.

2.  Declarations of Disclosable Pecuniary Interests and Personal or 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 16 January 2013 as a correct record and authorise the chairman to sign.

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

5.  Saxby wind farm appeal.(WF/2011/0734)

6.  Yorkshire and Humber Plan – Regional Spatial Strategy to 2026 : Revocation.

7.  Any other items, which the chairman decides are urgent, by reasons of special circumstances, which must be specified.

Note: All reports are by the Head of Development Management unless otherwise stated.

MINUTES

PRESENT:  Councillor Bunyan (in the chair).

Councillors Wardle (Vice–Chairman), Ali, Allcock, Barker, Collinson, England, Grant, Rowson and N Sherwood.

Councillors Gosling, Mrs Redfern, Waltham and Wilson attended the meeting in accordance with Procedure Rule 1.37 (b).

The committee met at the Civic Centre, Scunthorpe.

1491    DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS AND 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:

Member (s) Minute Application(s) /Item Nature of Interest
Cllrs Ali, Bunyan, Collinson and England 1493 (vi) 12/1318 Knew the speaker
Cllr Rowson 1493 (vi) 12/1318 Knew the applicant
Cllr Wardle 1493 (i) 12/1103 Customer of car wash
Cllrs Allcock, N Sherwood and Wardle 1494 Saxby Windfarm Knew the speaker

The following members declared that they had been lobbied:

Member (s) Minute (s) Application/Item (s) 
Cllrs Ali, Allcock, Bunyan, England, Grant, Rowson and N Sherwood 1493 (iii) 12/1227
Cllr Allcock 1493 (iv) 12/1256

The following officer declared non-pecuniary interests as follows:

Officer Minute Application(s) /Item Nature of Interest
Mr S Whittemore 1493 (iii) 12/1227 Knew the applicant
Mr S Whittemore 1494 Saxby Windfarm Appeal Knew the speaker

1492  MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 13 January 2013, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman. 1493  (29) PLANNING AND OTHER APPLICATIONS – The Head of Development Management 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 Development Management updated the reports orally where appropriate. Other officers attending gave advice and answered members’ questions as requested.

(i) 12/1103 by Mr A A Saeed, Barton Hand Car Wash for the variation of condition 4 on PA/2009/0595 to extend opening hours to 8am to 7pm seven days a week including bank holidays at Barton Hand Car Wash, Ferriby Road, Barton–upon-Humber.

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

(ii) 12/1111 by Mr M Godfrey, Arnvale Ltd for a minor material amendment to previously approved application PA/2012/0345 to retain the amended height and position of a smoking shelter at Jolly Miller, Brigg Road, Wrawby.

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

The objector stated that he and his neighbours were concerned at disturbance and noise nuisance arising from the development. The structure as built was an area for outdoor entertainment rather than a smoking shelter. As built it was outside the shelter of existing buildings. It could set a precedent. It was more than fifty per cent enclosed by walls and was not therefore within the legal definition of a smoking shelter.

The applicant’s agent stated that the application was for minor material amendments to an approved smoking shelter in relation to the height design and size of that structure. The applicant had commissioned his own noise survey and would be happy to comply with the recommendations in that survey. A licensing application had been submitted which was likely to result in a reduction of hours permitted for the use of the shelter. There would be no loss of amenity to neighbours.

Members considered that the amendments to the approved structure were so significant as to mean that it could no longer be considered to be a smoking shelter.

Resolved – That permission be refused on the grounds that the modifications that have taken place and form the subject of this application are not considered to be minor material amendments as they have significantly changed the character and use of the building which is no longer considered to be a smoking shelter.

Prior to consideration of the following application (12/1227) Mr S Whittemore, having declared a non-pecuniary interest in the application, left the meeting.

(iii) 12/1227 by Dr M J Dwyer, Cedar Medical Practice for operation of a pharmacy within the existing medical practice at 275 Ashby Road, Scunthorpe.

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

The objector was concerned at possible noise pollution arising from floodlights. He was also concerned that there would be a risk of crime arising from drug users visiting this location in a residential area and that the proposal would generate additional traffic.

The applicant stated that in order to get a licence to operate the pharmacy it would need to be open for 100 hours a week. Currently the practice was open from 9 am to 6 pm. The pharmacy would open on a rota basis and he anticipated that usage out of practice hours would be quite light. In response to the concerns of objectors he stated that there would be a locked security gate at the rear of the property. There would be very few additional traffic movements created as most visitors would live locally and walk, Methadone would be securely stored on site.

Councillors Gosling and Wilson, attending the meeting in accordance with procedure Rule 1.37 (b) spoke on this application.

Resolved – That consideration of this application be deferred to a future meeting and that members visit the site prior to that meeting.

Mr Whittemore returned to the meeting.

(iv)12/1256 by Mr N Brown, Belle Vue Property Ltd for outline permission for residential development with all matters reserved for subsequent approval (resubmission of PA/29011/1486) on land adjacent to 51 The Nooking, Haxey.

Prior to consideration of this application the applicant’s agent addressed the committee. He stated that the development would comply with the requirements of the National Planning Policy Framework in relation to sustainable development. The applicant had reduced the number of proposed dwellings from three in his previous application to two. Whilst the site was technically outside the development limit it was effectively an “infill plot” and was directly opposite a school. It was close to a bus route and local facilities.

Moved by Councillor Collinson and seconded by Councillor Ali –

That consideration of this application be deferred to a future meeting and that members visit the site prior to that meeting

Motion Lost

Moved by Councillor England and seconded by Councillor Wardle –

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

Motion Carried

(v) 12/1315 by Mr Sukhi Majara, Gresham Lodge Care Home for change of use of part of rear garden and part of front garden of 253 into curtilage of care home, extension and alterations to Gresham Lodge, 255 Ashby Road, and change of use to 257 Ashby Road to offices, meeting room, reception area and staff facilities in connection with Gresham Lodge Care Home in accordance with amended plans received on 14 December 2012, 8 January 2013 and 28 January 2013 at Gresham Lodge, 255 Ashby Road, Scunthorpe.

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

The agent stated that the applicants had worked with officers to come up with an acceptable scheme following the refusal of a previous application on the site. The proposal would create employment during the construction phase as well as three permanent jobs. No objections had been raised from statutory or non – statutory consultees. The objections could not be substantiated by planning policies. There would be no adverse impact on neighbouring properties. The proposal was sustainable development as defined in the National Planning Policy Framework.

The objector who lived at 251 Ashby Road stated that this was the sixth application in seven years on this site. Whilst it was far less intrusive than the previous applications it was still unacceptable. There were trees on site which were the subject of Preservation Orders and which had not been taken into consideration. More than half of the garden of 253 Ashby Road would be lost. The impact on the street scene would be unacceptable. He questioned whether the layout would allow adequate disabled access.

Councillor Gosling, attending the meeting in accordance with procedure Rule 1.37 (b) spoke on this application.

Resolved – That consideration of this application be deferred to a future meeting and that members visit the site prior to that meeting.

(vi) 12/1318 by Mr J Rowbottom, GW Rowbottom and Sons Ltd for removal of existing embankment and replacement with reinforced concrete retaining wall and 2.4m palisade fence and extension of existing yard and access road to new wall on Southern boundary of Units 1,2,3 and 4 Albert Street, Brigg.

Prior to consideration of this application an objector addressed the committee. He stated that the removal of a hedge had been an act of vandalism that he had reported to the council whilst it was taking place. As a result of its removal the number of wild bird species found in the vicinity had declined considerably. The wall and fence now erected was unsightly.

Councillor Waltham, attending the meeting in accordance with procedure Rule 1.37 (b) spoke on this application.

Resolved – (a) That the committee is minded to grant  permission, and (b) that the Head of Development Management be authorised to grant permission subject to the applicant entering into an agreement to secure the provision of a landscaping scheme which is likelyto be on Council land so as to reduce the impact of the fence; and to the imposition of planning conditions to reduce the impact of the fencing and retaining structures by a painting scheme.

(vii) 12/1379 by Mr M Stothard, CHS Properties for the erection of a detached dwelling (including demolition of existing dwelling) at 7 West End Road, Epworth.

Resolved – (a) That the committee is minded to grant permission subject to the submission of a satisfactory bat and nesting bird survey and the provision of any suitable compensation/mitigation, and (b)that the Head of Development Management be authorised to grant permission on this basis.

1494  (30) SAXBY WINDFARM APPEAL (WF 2011/0734) – Further to Minute 1416 (ii), the Head of Development Management submitted a report updating members on this appeal in light of recent amendments to the scheme and seeking a fresh mandate for officers to continue working towards the public inquiry.

Prior to consideration of this matter, a speaker addressed the committee. She urged the committee to support the continued defence of the original reasons for refusal of the application. She stated that the reduction in the number of turbines proposed did not diminish their impact on the landscape or the noise nuisance that would be caused to local residents and users of the Viking Way.

Councillor Waltham, attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this item.

The Head of Development Management reported that the appellants had submitted amendments to the original scheme. The first involved the removal of two turbines from the northern end of the site. The second involved the removal of a further six turbines close to a site on which permission had now been granted for a dairy farm and two dwellings.

Despite an initial objection from the council to the appeal continuing in its amended form, and despite a feeling shared by members, residents and officers that it was quite unfair that the council and residents had to virtually start again from scratch in assessing the ‘amended’ scheme, detailed legal advice had made it clear that when assessed against nationally established ‘tests’ used by the Inspectorate to assess amended schemes, there was no substantive legal case to object to the appeal continuing. This was a very unusual set of circumstances. At the initial pre-inquiry meeting in November, the inspector had stated he had not encountered this in 23 years of being an inspector.

The three main issues which needed to be reassessed, relating to the three original reasons for refusal, were noise, landscape and the Viking Way. On all three issues officers felt that the proposals were still substantively unacceptable and that the appeal must be defended to the utmost.

Natural England had indicated that, should permission be granted on appeal,  a compensation area should be provided for pink footed geese. It was felt that this should be provided at the applicant’s expense. This could be achieved via a legal agreement.

Resolved – (a) That officers be mandated to continue to defend the original reasons for refusal with the modified scheme, and (b) that the appellants be required to produce an  agreement under Section 106 of the Town and Country Planning Act 1990 to secure 50 hectares of suitable compensation habitat for pink-footed geese at no cost to the local planning authority in advance of the commencement of the public inquiry.

1495  (31) YORKSHIRE AND HUMBER PLAN – REGIONAL SPATIAL STRATEGY TO 2016: REVOCATION – The Head of Development Management submitted a report informing members of the revocation of the Yorkshire and Humber Plan – Regional Spatial Strategy to 2026.

The Plan, along with the Regional Economic Strategy for Yorkshire and Humber 2006 to 2015, was to be formally abolished on 22 February 2013. It would no longer be part of the development plan for North Lincolnshire and would no longer be used in determining planning applications. This would have no material effect on the status of the Local Development Framework Core Strategy, as this remained a sound strategy and policy base as noted by the Inspector who had examined it.

As part of the Government’s reforms to the planning system in England, there was a commitment to abolish Regional Spatial Strategies and the regional planning tier. The overall aim was to return decision making over housing and planning to local councils and communities. A rolling programme over abolition of the strategies was now underway.

Resolved – That the report be noted.

 

Reports