Planning Committee – 22 August 2012

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 25 July 2012 as a correct record and authorise the chair to sign.

4.  Major Planning Application.

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

6.  Legal Event Orders.

7.  Strategic Flood Risk Assessment Review 2011 for North Lincolnshire and North East Lincolnshire Council Areas.

8. Any other items, which the chairman 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 12 of Part 1 of Schedule 12A of the Local Government Act 1972.

9.  Update on Incomplete Residential Development – West Street, West Butterwick.

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, Bainbridge, Collinson, England, Grant, Rowson and N Sherwood.

Councillors C Sherwood and Waltham attended the meeting in accordance with Procedure Rule 1.36 (b).

The committee met at the Civic Centre, Scunthorpe.

1455  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
Cllr N Sherwood 1457 12/0674 Site was in close proximity to his business
Cllr Wardle 1457 12/0674 Knew applicants

The following members declared that they had been lobbied:

Member (s) Minute Application/Item  
Cllr Allcock 1458(i) 12/0167

The following members, attending the meeting in accordance with the provisions of Procedure Rule 1.36 (b) declared that they had been lobbied:

Member (s) Minute Application/Item  
Cllr Mrs Redfern 1458 (iii) 12/0735
Cllr Waltham 1458 (iv) 12/0794

1456  MINUTESResolved – That the minutes of the proceedings of the meeting held on 25 July 2012, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1457  (7) MAJOR PLANNING APPLICATION – The Head of Development  Management submitted a report containing details of  a major applications for determination by the committee including a summary of policy context representations arising from consultation and publicity and assessment of the applications. In accordance with Procedure Rule D1.34 (i) (a), members had undertaken a site visit on the morning of the meeting. The Head of Development Management updated the report orally. Other officers attending gave advice and answered members’ questions as requested.

(i) 12/0674 by Keigar Homes Ltd for the variation of condition 5 and removal of conditions 6 and 7 of outline planning permission PA/2008/0338 dated 23/08/2011 to amend the access arrangements for the development of 60 dwellings on land off Island Carr Road, Brigg.

Prior to consideration of this application a representative of the applicants addressed the committee. He stated that the proposal was to make changes to the approved outline permission on the site by using an existing access rather than the access from Kiln Lane as previously approved. This would ensure the separation of residential traffic from commercial traffic from the company to the south of the site. The access would be designed with suitable visibility splays and would be maintained as part of the adopted highway. The applicants had carried out a Traffic Impact Assessment which took into account the proposed site and also nearby retail development. This had been accepted by the council’s Highways Team.

Councillors C Sherwood and Waltham, attending the meeting in accordance with the provisions of Procedure Rule 1.36 (b) spoke on this application.

Resolved – That permission be granted subject to the conditions contained in the report subject to the following changes: –

(i)   Conditions 1 and 2 to be amended by the deletion of the words “the means of access”;

(ii)    The addition of the words “ to prevent right turns onto Ancholme Way” after “Ancholme Way”;

(iii)    Condition 7 to read “ The proposed access point onto Ancholme Way shall not be used by any vehicle (including construction traffic) until all works required under Condition 6 above have been completed in accordance with the approved details”, and

(iv)  The addition of a new Condition 37 requiring access to be made and retained for emergency vehicles from Island Carr Road.

1458  (8) 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) 12/0167 by Mr and Mrs M Gravil for the erection of a detached bungalow (resubmission of PA/2010/0938) at 57B Station Road, Epworth.

Resolved – That permission be granted subject to the conditions contained in the report.

(ii) 12/0699 by Ms Carter for the erection of a two-storey side extension and a single–storey rear extension at 7 Whitecross Street, Barton–upon–Humber.

Resolved – That permission be granted subject to the conditions contained in the report.

(iii) 12/0735 by Mr N Mattu for the change of use of a vacant shop unit (A1) to a hot food takeaway (A5) at 3 king Edward Street, Belton.

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

The objector raised concerns regarding potential litter and road safety problems.

The applicant stated that the proposal met the requirements of the relevant policies in the Local Plan. He was happy to enter into a unilateral undertaking as requested by the Highways team. Off streetcar parking would be provided in front of the former Sir Solomon Public House. He would use “state of the art” extraction and filtration systems. The scheme would provide employment for three full time and four part time workers.

Resolved – that consideration of this application be deferred to a future meeting and members visit the site prior to that meeting. The reason for the site visit is to assess the highway implications and the potential environmental impact on neighbouring properties.

(iv) 12/0794 by Mr and Mrs F Mumby for the erection of a detached dwelling on land adjacent to the Lilacs, Melton Road, Wrawby.

Prior to consideration of this application, the applicant’s agent addressed the committee. He stated that the proposal was a modest three-bedroomed family home. There was existing infrastructure to support the development. The dwelling would be set back from the road because of a mains drain to the front of the site. He referred to previous approvals on the site and suggested that it would be allocated in the forthcoming Local Plan. The development would “round off” the village.

Members considered that the proposed development would round off development on the edge of Wrawby and would enhance the street scene.

Resolved – That permission be granted subject to conditions relating to standard time limit; development to be in accordance with submitted plans; landscaping; materials; access, parking and turning; no loose material on the drive way, and any contamination found on the site.

1459 (9) LEGAL EVENT ORDERS – The Director of Places submitted a report inviting the committee to authorise the making of orders following a number of “Legal Events” prior to 1996. Legal Events were changes to public rights of way through, for example, diversions, stopping up or creations. The definitive map needed to be amended by means of a Definitive Map Modification Order (DMMO) to show these. There were currently 13 such Legal Events as a result of orders made prior to 1996 which required DMMOs.

Resolved – That Definitive Map Modification Orders be made in respect of the Legal Events shown in the appendix to the report.

1460 (10) STRATEGIC FLOOD RISK ASSESSMENT REVIEW 2011 FOR NORTH LINCOLNSHIRE AND NORTH EAST LINCOLNSHIRE COUNCIL AREAS – The Head of Development Management submitted a report informing members of the completion of the Strategic Flood Risk Assessment Review 2011 and the use of this evidence in decision making on development plans and planning applications in North Lincolnshire.

Strategic Flood Risk Assessments (SFRA) were prepared as a requirement repeated in the National Planning Policy Framework (NPPF) as evidence towards helping local planning authorities make decisions on development proposals in flood risk areas. The requirement to produce one had been established in PPG25, which introduced the Sequential Test as a means of demonstrating there are no reasonably available sites with a lower risk of flooding suitable for the type of development proposed. This approach had been extended in PPS25, which also introduced the Exception Test for use where the Sequential Test alone could not deliver acceptable sites but where continued development was necessary for wider reasons.

SFRA’s provided strategic flood risk evidence to help guide the location of land allocations in statutory development plans and site specific Flood Risk Assessments (FRA) in relation to planning applications. The SFRA also provided evidence towards informing other important documents such as the sustainability appraisal (incorporating the Strategic Environmental Directive) of local development documents and provided the basis from which to apply the Sequential Test and Exception Test. SFRAs had material weight as evidence in the consideration of development plan policies, allocations and planning applications. Their purpose was to provide evidence towards policies within development planning documents and planning applications where relevant.

The present Review had been prepared jointly by North Lincolnshire Council and North East Lincolnshire Council in consultation with the Environment Agency and Internal Drainage Boards where appropriate. It replaced the 2006 SFRA that had been also jointly prepared. North Lincolnshire Council had played a lead role in producing this document. It supplemented the policies in the Core Strategy Development Plan Document (DPD – adopted June 2011) and the North Lincolnshire Local Plan (NLLP – adopted May 2003) that related to flood risk and development (Core Strategy Policy CS19: Flood Risk and saved NLLP Policy DS16: Flood Risk).

Resolved – That the report be noted.

1461 EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (Minute 1462 refers) on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 12 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

1462 (11) UPDATE ON INCOMPLETE RESIDENTIAL DEVELOPMENT – WEST STREET, WEST BUTTERWICK – Further to Minute 1446, the Director of Policy and Resources and the Director of Places submitted a joint report updating and advising members regarding the progress of the service of a completion notice and the council’s current position and requesting further instructions.

The report contained a summary of advice received from Counsel.

Resolved – That the Completion Notice be withdrawn and Minute 1446 be rescinded.