northlincs.gov.uk

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 10 April 2013 as a correct record and authorise the chairman to sign.

4.  Application deferred from previous meeting for site visit.

5.  Major Planning Application.

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

7.  WF/2010/1242 by Grange Wind Farm Ltd for discharge of Condition 16 in respect of permission for six wind turbines etc on land adjacent to Flixborough Grange Farmhouse, Flixborough.

8  Development and Flood Risk Guidance note – April 2013 – Report of the Director of Places.

9.  Listed Buildings And Conservation Areas Act 1990 – Section 69 – Designation of Conservation Areas. – Report of the Director of Places.

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

Councillors Barker, Briggs, Marper and Mrs. Redfern, attended the meeting in accordance with Procedure Rule 1.37 (b).

The committee met at the Civic Centre, Scunthorpe.

1513  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 personal interests as follows: –

The following members declared that they had been lobbied:

The following members attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) declared a personal interest as follows:

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

1514  MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 10 April 2013, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1515   (43) APPLICATION DEFERRED FROM PREVIOUS MEETING – In accordance with the decision at a previous meeting, members had undertaken a site visit prior to the meeting. The Head of Development Management submitted a report and updated it orally.

(i) 13/0101 by Mr A Barritt for the erection of a first-floor extension to existing bungalow to create a two-storey dwelling (re-submission of PA/2012/1248) at 26 South Street, Roxby.

Prior to consideration of this application, a representative of the applicant addressed the committee. He stated that the proposed extension would not substantially extend the footprint of the existing dwelling and would not cause problems of overlooking or loss of privacy to neighbouring properties. It would not constitute overdevelopment of the site. It would comply with the requirements of the Local Plan and the Core Strategy.

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

1516  (44) MAJOR PLANNING APPLICATIONS – The Head of Development Management submitted a report containing details of 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 D1.35 (i) (a), members had previously undertaken site visits. The Head of Development Management updated the reports orally. Other officers attending gave advice and answered members’ questions as requested.

(i) 12/0818 by Mr Wilfred Robinson (Pyewipe Farm) Ltd for the change of use of site area for open storage, car parking, loading and unloading; change of use of Building 3 to Class B1/B8; change of use of the annexe to Building 4 to B1/B8 and associated alterations to the buildings, and upgrading existing farm track to form new access road at Pyewipe Farm, access road to Pyewipe Farm, Redbourne.

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

The applicant’s representative stated that there had previously been a large number of agricultural buildings on the site. The former livestock buildings had now been largely cleared. They had been dilapidated and a health and a safety hazard due to the presence of vermin and buildings containing asbestos. The site had previously been very busy. The concerns of objectors regarding traffic would be addressed by the creation of a new access to the site. The proposal was an appropriate re-use of the site.

The objector stated that there were currently seven businesses operating from the site and the ownership was not clear. The “Eco Spill” building had been vacated eleven months previously. The access road to the site had been damaged by traffic to the existing and previous business uses and was not suitable. He was concerned at potential nuisance and safety issues during the construction phase and wanted assurances that the new access road would be constructed.

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to additional conditions relating to the prohibition of open storage of waste derived fuel or any other putrescible material and the control of dust.

1517  (45) 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) 12/0843 by Mr F Saxon for the erection of an agricultural workers’ dwelling at White Rose, Ferry Road, Goxhill.

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

(ii) 12/1013 by Mr P Pantry for listed building consent for demolition of an extension to Snowdrop Cottage and refurbishment of Snowdrop Cottage and outbuilding D to provide ancillary accommodation, conversion of existing outbuildings to form residential accommodation, with two-storey and single-storey extensions, and new brick walls, piers and gates at Snowdrop Cottage, Turbary Road, Haxey.

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

(iii) 12/1235 by Mr P Pantry for demolition of an extension to Snowdrop Cottage and refurbishment of Snowdrop Cottage and outbuilding D to provide ancillary accommodation, conversion of existing outbuildings to form residential accommodation, with two-storey and single-storey extensions, and new brick walls, piers and gates, retention of solar panels and retention of mobile home and two storage containers (for a temporary period only) at Snowdrop Cottage, Turbary Road, Haxey.

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

(iv) 13/0132 by Mr J Chatterton for the erection of two-storey rear and single-storey side extensions, and alterations to front boundary wall at 81-83 Brooklands Avenue, Broughton.

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

(v) 13/0156 by TC Brears and Sons for a lawful development certificate for the storage and distribution of a maximum of 3000 tonnes per annum of hay and straw on part of OS field 2400, Godnow Road, Crowle.

Prior to consideration of this application the applicant’s agent addressed the committee. He stated that the application was not to be determined on the basis of national and local planning policies. It was purely a legal issue. Any objections relating to amenity, road safety etc. were not material considerations. Officers from Development Management and Legal Services had concluded that the evidence supported the granting of the certificate.

Councillors Barker and Briggs, 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 establish whether the applicant would be prepared to enter into an agreement to manage straw litter from lorries servicing the site.
(vi) 13/0192 by Mrs HM Borrill for the formation of an agricultural access, including demolition of dwelling, at Ambleside, 7 Hunts Lane, Hibaldstow.
Prior to consideration of this application an objector and a representative of the applicant addressed the committee.

The objector stated that the applicant’s business was a farming business that was not in a farming community. The application would provide no benefit to the local community. She was concerned about road safety at the junction with Hunts Lane. The application would lead to a loss of a dwelling and amenities.

The applicant stated that the proposal would lead to an improvement in highway safety. Access was currently via Church Street and Barnside, which was difficult due to residents parking on those roads. The house at the front of the site would have to be demolished to provide the access.

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

(vii) 13/0216 by Mrs D Ferraby for the erection of a single-storey rear extension at 15 Churchill Avenue, Brigg.

Prior to consideration of this application the applicant’s agent addressed the committee. He stated that the applicant had done everything that he could to mitigate the concerns of neighbours. The application complied with relevant policies in respect of the 45 º rule and other planning policies.

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

(viii) 13/0245 by Mr J Davis for the erection of a boundary fence at 6 St Andrews Way, Epworth.

Councillor Mrs Redfern, 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

1518  (46) WF/2010/1242 by Grange Wind Farm Ltd for the siting of six wind turbines and associated hardstanding tracks, anemometry mast, switchgear house and underground cables – DISCHARGE OF CONDITION 16 – Land adjacent to Flixborough Grange Farmhouse, Flixborough.

The Head of Development Management submitted a report in respect of an application to discharge Condition 16 of the above application. This was one of several conditions that the Inspector, in granting planning permission, had required to be discharged by the Local Authority prior to commencement of the development.

Prior to consideration of the application an objector addressed the committee. He stated the application did not give sufficient guarantees that maximum noise levels would be adhered to and could be enforced and therefore it did not meet the requirements of the Inspector.

Councillor Marper, attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) spoke on this application

Moved by Councillor Collinson and seconded by Councillor Bainbridge –

That Condition 16 of WF/23010/1242 be discharged.

Motion Lost

Moved by Councillor Rowson and seconded by Councillor N Sherwood –

That Condition 16 of WF/23010/1242 be not dischargedon the grounds that insufficient information has been provided to guarantee that predicted noise levels from the proposed wind turbines will be achieved and local amenity safeguarded. 

Motion Carried

1519  (47) DEVELOPMENT AND FLOOD RISK GUIDANCE NOTE- APRIL 2013 – Further to Minute 1460, the Director of Places submitted a report informing members of the completion of the Development and Flood Risk Guidance Note – April 2013 and the use of this evidence in decision making on Development Plans and planning applications in North Lincolnshire.
The guidance note provided local advice to developers, applicants and council officers on the application of national planning policy contained within the National Planning Policy Framework (NPPF) which aimed to avoid inappropriate development in areas of flooding by directing development away from areas at highest risk, but where development was necessary, making it safe without increasing flood risk elsewhere. It was intended to assist in the preparation and determination of planning applications submitted to North Lincolnshire Council and built on the information given in Appendix E ‘Local Planning Guidance’ of the Strategic Flood Risk Assessment (SFRA).

The Guidance Note gave clear guidance to the procedures that need to be adhered to before development would be approved in a flood risk area. It gave a greater understanding of what was acceptable in flood risk areas than previously and made clear that the sequential approach to site selection would be done on a settlement basis rather than borough wide. The guidance had been prepared in consultation with the Environment Agency. This was important, as appropriately scaled development was an essential part of the future growth for both rural and urban communities.

Resolved – That the report be noted and used for decision making and guiding  development proposals in North Lincolnshire..

1520  (48) Listed Buildings and Conservation areas Act 1990 – Section 69 – DESIGNATION of Conservation areas – The Director of Places submitted a report informing members of a threat to the council’s ability to properly look after its conservation areas and recommending that this be remedied by designating these areas again.

Previous authorities had set up all 17 of North Lincolnshire’s conservation areas. To maintain these conservation areas it was necessary to put certain unauthorised works in these areas before the courts. To do this a high level of proof was needed about when and how they were set up.

The records currently held did not meet this level of proof.  Because of this, legal advice was that it was inadvisable to progress some legal matters via the courts. The matters requiring a higher level of proof were detailed in Appendix 1 to the report.

The last technical review of the areas had been completed in 2008. This had confirmed boundary changes as part of the main review completed in 2005 (as shown in Appendix 2 to the report). Extensive consultation had been undertaken on that review.  Most people had agreed that these areas were a good idea and that it was right to try to improve and protect them. It was recommended that the 17 Conservation Areas should be designated again making sure that all records were properly kept as true copies in the council’s property records.

Resolved – That the designation of the 17 Conservation Areas based upon the 2008 review boundaries and as shown in Appendix 2 to the report, i.e. all mapping carrying the date of either 29th June 2011 or 29th July 2011, be approved (all boundaries having been resolved as definitive on those dates by reason of audit and review of all available evidence).