Planning Committee – 15 January 2014

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 18 December 2013 as a correct record and authorise the chairman to sign.

4.  Applications deferred from previous meeting for a site visit.

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

6.  Harbour Revision Order and Application for Marine Licence – Immingham Western Deepwater Jetty at Station Road, South Killingholme, North Lincolnshire.

7.  Planning Enforcement Summary 2013.

8.  Proposed Diversion of Public Footpath 50, East Halton – Report of the Director of Places.

9.  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.

PRESENT:  Councillor Bunyan (in the Chair).

Councillors Ali, Allcock, Bainbridge, Collinson, England, Grant, Rowson, N Sherwood and Wardle.

Councillors Ogg, C Sherwood, Waltham and Whiteley attended the meeting in accordance with Procedure Rule 1.37 (b).

The committee met at the Civic Centre, Scunthorpe.

1559  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: –

 

Member (s) Minute Application(s)
/Item
Nature of Interest
Cllr Allcock 1562 2013/0108 Member of Haxey Parish Council
Cllr RowsonCllr Wardle 1561156115621562 2013/04912013/04922013/14192013/1438 Knows the ApplicantKnows the ApplicantKnows the ApplicantKnows the Applicant

1560  MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 15 January 2014, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1561  (22) APPLICATIONS DEFERRED FROM PREVIOUS MEETING – In accordance with the decision at a previous meeting, members had undertaken a site visits prior to the meeting. The Head of Development Management submitted reports and updated them orally.

(i)  2013/0491 by Mrs J Button to replace an extant planning permission (PA/2007/1633) to erect three detached dwellings and a pair of semi-detached dwellings, and convert part of an existing joinery workshop into two dwellings, together with demolition of existing workshops, creation of an access road, garages and parking areas to cater for the development.

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

(ii)  2013/0492 by Mrs J Button for conservation consent to demolish storage sheds and brick workshops (renewal of extant permission PA/2007/1634).

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

(iii)  2013/1111 by Mr S Rhodes to outline planning permission with some matters reserved for the erection of a dormer bungalow.

The agent for the application thanked members of the Committee for attending the site visit and for also conducting a visit to a similar development in the vicinity.  He confirmed that there had been no objections from any agency or any of the neighbours and did not consider that the proposed development of the site would lead to an increase in the density of properties in the area.

Councillor Bainbridge confirmed that having visited the site she did not feel that the development would have any adverse effect on the site.

Resolved  – That the committee grant permission, subject to the following conditions –

1.  Approval of the details of the scale and appearance of the dwelling, and the landscaping of the site (hereinafter called ‘the reserved matters’) shall be obtained from the local planning authority in writing before any development is commenced.

Reason – The application has been made under Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

2.  Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

Reason – To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

3.  The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Reason – To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

4.  If, during development, any odorous, discoloured or otherwise visually contaminated material is found to be present at the site then no further development shall be carried out until a written method statement detailing how this contamination shall be dealt with has been submitted to and approved in writing by the local planning authority.

Reason – To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with policy DS7 of the North Lincolnshire Local Plan.

5.  No development shall take place until a scheme for the disposal of foul and surface water has been agreed in writing by the local planning authority and the dwelling shall not be occupied until it is connected to the approved drainage system.

Reason – To ensure satisfactory drainage is provided in accordance with policy DS14 of the North Lincolnshire Local Plan.

6.  The development hereby permitted shall be carried out in accordance with the following approved plans: SR/13/02A.

Reason – For the avoidance of doubt and in the interests of proper planning.

7.  No development shall take place until details showing an effective method of preventing surface water run-off from hard paved areas within the site onto the highway have been submitted to and approved in writing by the local planning authority. These facilities shall be implemented prior to the access and parking facilities being brought into use.

Reason – In the interests of highway safety and to comply with policy T19 of the North Lincolnshire Local Plan.

8.  No loose material shall be placed on any driveway or parking area within 10 metres of the adopted highway unless measures are taken in accordance with details to be submitted to and approved in writing by the local planning authority to prevent the material from spilling onto the highway. Once agreed and implemented these measures shall be retained.

Reason – In the interests of highway safety and to comply with policy T19 of the North Lincolnshire Local Plan.

9.  Adequate vehicle access, parking and turning facilities serving the existing dwelling shall be retained in accordance with details to be submitted to and approved in writing by the local planning authority.

Reason – In the interests of highway safety and to comply with policies T2 and T19 of the North Lincolnshire Local Plan.

10.  The dwelling shall not be occupied until the vehicular access to it and the vehicle parking and turning space(s) serving it have been completed and, once provided, the vehicle parking and turning space(s) shall be retained.

Reason – In the interests of highway safety and to comply with policies T2 and T19 of the North Lincolnshire Local Plan.

11.  Construction operations shall be limited to the following hours:

8am to 6pm Monday to Friday; and

8am to 1pm on Saturdays;

with no construction operations taking place on Sundays or Public/Bank Holidays.

Reason – To safeguard the residential amenities of the adjacent property.

1562  (23) 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)  2013/0108 by Mr M & Mrs A White, Haxey Study Centre to extend existing lecture room facility to accommodate animal room and classroom/office and WC, and relocate existing study centre from Rose Cottage.

Councillor Allcock spoke on this application and expressed concerns over the development being within or outside a Site of Specific Scientific Interest (SSSI).  It was considered that the development was inappropriate for the area and as such objections had been made by the Parish Council and also neighbours.

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

(ii)  2013/0414 by Stoneledge (South Bank) Ltd for the siting of plant for crushing and screening aggregate.

The agent for the application explained that landfill was presently the only alternative option for dealing with the construction waste to be processed and recycled at the site.   He outlined that the construction industry was looking at companies such as Stoneledge to reduce the amount of waste going to landfill.

The committee was advised that the new machinery would further refine the waste material, with approximately 75% more being processed.  The agent confirmed that the new machinery would secure the future of the company and also enable them to take on more employees.

Councillor C Sherwood, attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application and confirmed that the local Parish Council and also neighbours to the site had expressed concerns over noise pollution and emissions, the amount of waste being stored on the site and also the mud that is generated on the highways.

Cllr Waltham also attending the meeting in accordance with Procedure Rule 1.37 (b) endorsed these concerns and requested that additional conditions be imposed re traffic management and noise emissions from the new plant.

Members of the committee engaged in further discussions with the Head of Development Management.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report, and subject to the following additional conditions –

(5)  Before the machinery hereby approved is erected on the site, a traffic management plan for all vehicles visiting the site shall be submitted to and approved in writing by the local planning authority. The agreed scheme shall thereafter be complied with at all times.

Reason – To enable the local planning authority to control the movement of vehicles associated with the operation of the site in the interests of road safety and the amenities of the occupiers of residential property in the area.

(6)  The plant the subject of this application shall not be brought into use until a comprehensive noise assessment has been submitted to and approved in writing by the local planning authority. The assessment shall take into account all existing and all proposed new noise sources associated with the equipment and shall identify what appropriate noise attenuation measures are to be put in place to ensure that local residents and commercial businesses will be protected from any undue noise disturbance.

Reason – To minimise the impact of the development on adjacent properties in accordance with policy DS1 of the North Lincolnshire Local Plan.

(iii)  2013/1210 by Mr M Willett to erect a nursery within the grounds of an existing school.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report, and subject to the following additional condition –

(3)  Not withstanding the details submitted, the existing boundary wall and hedge on the southern boundary of the site fronting Low Road shall be permanently retained.

Reason – To reduce the visual impact of the new building and in the interests of local amenity.

(iv)  2013/1329 by Stoneledge (South Bank) Ltd to use land for the crushing and screening of materials and for the open storage of hardcore, plant and equipment without complying with conditions 4, 5 and 6 of planning permission PA/20110/0231 dated 02/06/2010.

The agent for the application spoke on this and highlighted concerns over the impact of not allowing access to the site from Wold Road.  A variance to the report was requested.

The Head of Development Management responded to the points raised.

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

(v)  2013/1419 by Mr G Whall, Keigar Homes Ltd for modification of a planning obligation attached to phase 1 development at Falkland Way (application number PA/2003/1121).

Prior to consideration of this application the Head of Development Management further outlined the details and responded to questions from the committee members.

The following modifications were proposed –

  • primary school contributions of £1,707 per dwelling and adjusted for RPI at agreed trigger points; (30% on occupation of first dwelling, 30%  50th dwelling & 40% on 80th dwelling);
  • no contributions towards secondary education;
  • highways contribution of £7,000 towards off-site highway and transportation works to be omitted. The £25,000 contribution towards junction improvements at the junction of Barrow Road and Falkland Way is to be paid on the occupation of the last dwelling instead of the 50th dwelling, providing a ‘claw-back’ provision to the applicants if the money is not spent within five years of the occupation of the last dwelling;
  • no changes are proposed to the recreation and public open space or affordable housing provision (14 affordable dwellings).

Resolved – That the existing planning obligation be modified as proposed.

(vi)  2013/1438 by Mr G Whall, Keigar Homes Ltd for modification of a planning obligation attached to phase 2 development at Falkland Way (application number PA/2009/0828)

Prior to consideration of this application a supplementary report was circulated and the Head of Development Management further outlined the details and responded to questions from the committee members.

The following modifications were proposed –

  • primary school contributions of £2,905 per dwelling adjusted for RPI at agreed trigger points;(30% to be paid prior to the occupation of the 10th dwelling, 30% at 20th dwelling & 40% at 31st dwelling);
  • no contributions towards secondary education;
  • highways contribution of £7,037 is to be paid upon the occupation of the last dwelling with a ‘claw-back’ provision to the applicants if the money is not spent within five years of the occupation of the last dwelling;
  • no changes are proposed to the recreation and public open space or affordable housing provision( 6 affordable dwellings).

Resolved – That the existing planning obligation be modified as proposed.

1563  (24) HARBOUR REVISION ORDER AND APPLICATION FOR MARINE LICENCE – IMMINGHAM WESTERN DEEPWATER JETTY AT STATION ROAD, SOUTH KILLINGHOLME, NORTH LINCOLNSHIRE – The Head of Development Management submitted a report which sought to advise members that ABP had made application to the Marine Management Organisation to develop the Immingham Western Deepwater Jetty (IWDJ) and North Lincolnshire Council had been consulted.

It was explained that the purpose of the report was to receive from members a mandate to respond to that consultation following consideration of the proposal, after taking account of internal responses received and considering other relevant material issues and options.

Members were advised that the proposed development would comprise a port facility to be used for the import, storage and onward distribution of liquid bulk goods.

Members of the committee were reminded that the site had been designated for one port related purpose and protected over the years as such by the planning authority in its development plan.

The shift in emphasis of the development of the South Humber Bank had been developing and with the granting of a Development Consent Order on 18 December 2013, the Able Marine Energy Park (AMEP) had become catalyst to delivering the necessary economic benefits to the local and regional economy.

The Head of Development Management confirmed that there was only room for one of the proposals with this configuration, AMEP or IWDJ, and not both.  Members engaged in further discussions.

Resolved – (a) That an objection be made to the proposal, and (b) that a response be sent to the Marine Management Organisation setting out the full details of the main points highlighted in the report.

1564  (25) TOWN AND COUNTRY PLANNING ACT 1990 PLANNING ENFORCEMENT SUMMARY 2013 –  The Head of Development Management submitted a report to inform the Planning Committee of the facts and figures accomplished by the planning enforcement team and to highlight specific successes that had been achieved.

A summary of enforcements was appended to the report.

Resolved – That the report be accepted by the Planning Committee.

1565  (26) PUBLIC RIGHTS OF WAY – AUTHORITY TO MAKE AN ORDER PROPOSED DIVERSION OF PUBLIC FOOTPATH 50, EAST HALTON – The Chairman advised the Planning Committee that this item had been withdrawn.

Resolved – That the position be noted.

1566  ANY OTHER BUSINESS – The Chairman asked that it be noted that the Planning Committee scheduled for 4 June 2014 would be held in an alternative location.  Details would be confirmed in due course.

Resolved – That the position be noted.