Planning Committee – 23 October 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 25 September 2013 as a correct record and authorise the chairman to sign.

4.  Major Planning Application.

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

6.  Listed Buildings and Conservation Areas Act 1990 Section 69 – Designation of Conservation Areas.

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 Ali, Allcock, Collinson, Eckhardt, Ellerby, Glover, Grant, Rowson, and Wardle.

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

The committee met at the Civic Centre, Scunthorpe.

1544  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: –

Members Minute Applications
/Item
Nature of Interest
Cllr AliCllr Allcock 1547 (xiii)

1546 (i)

2013/1188

2013/0988

Knows the ObjectorMember of Isle of Axholme & North Nottinghamshire Water Level Management Board
Cllr Eckhardt 1546 (i)

1547 (v)

2013/0988

2013/0839

Member of Isle of Axholme & North Nottinghamshire Water Level Management Board
Cllr Rowson 1547 (iii)

1547 (iv)

1547 (vi)

1547 (vii)

2013/0710

2013/0726

2013/0847

2013/0848

Knows the Objector

Knows the Objector

Knew the late Applicant

Knew the late Applicant

The following member declared personal and prejudicial interests as follows: –

Member Minute Application(s)
/Item
Nature of Interest
Cllr Ali 1547 (iii)
1547 (iv)
13/0710
13/0726
Knows the Applicant
Knows the Applicant

The following members declared that they had been lobbied: –

Member Minute Application/Item
Cllrs Collinson and Grant 1547 (xiii) 13/1188

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

Members Minute Applications
/Item
Nature of Interest
Cllr Ogg

Cllr Redfern

 

1547 (vi)

1547 (vii)

1547 (v)

2013/0847

2013/0848

2013/0839

Knows the Applicant

Knows the Applicant

Member of Epworth Town Council

1545  MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 25 September 2013, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1546  (14)  MAJOR PLANNING APPLICATION – The Head of Development Management submitted a report containing details of a major application for determination by the committee including a summary of policy context, representations arising from consultation and publicity and assessment of the application. In accordance with Procedure Rule D1.35 (i) (a), members had previously undertaken a site visit.

(i)  13/0988 by Mr Matthew Shorland, Sibelco UK for permission to vary condition 1 (previously approved application MIN/2009/0324 to extend sand extraction operations with progressive restoration) to extend the time limit for commencement to before 1 November 2018, at land adjacent to Cove Farm Quarry, Cove Road, Westwoodside, Haxey.

Prior to consideration of this application the applicant addressed the committee.

He explained that the application had previously been approved by the Committee in 2010 and that the site did not require to be developed within the previous timescales therefore permission was requested to extend the time limit.

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

1547  (15) 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)  13/0409 by Mr and Mrs F Lockwood for outline permission to erect eight dwellings including associated access roads and parking areas with appearance, layout and landscaping reserved for subsequent approval (including demolition of existing bungalow and outbuildings) (resubmission of PA/2012/1090), at 17 Greengate Lane, South Killingholme.

The agent for the applicant spoke to the Committee and explained that the site was in a residential area in the centre of the village.  The application had been submitted previously but had been withdrawn in September 2013 and there had been no objection from the parish council at this time.  The agent advised that all issues arising from the previous application had now been complied with.

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

(ii)  13/0651 by Mr Gurdeep Singh, AM/PM UK LTD to erect a warehouse on Plot 26, Hebden Road, Scunthorpe.

The agent for the applicant explained that the application addressed the concerns of objectors in that the warehouse was sufficient distance from neighbouring properties on Scotter Road and screening was going to be provided by sycamore trees.  There were no windows to the front of the building and the parking provision met the council’s design statement.  Working hours were covered by conditions to the application.

An objector to the application expressed concerns over noise levels, the intrusion of the building amongst the residential dwellings on Scotter Road and the impact on the residents’ ability to enjoy their gardens.  She also stated that 109 residents had signed a petition objecting to the proposal.

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

At this point, having declared a personal and prejudicial interest, Councillor Ali left the meeting and took no part in the discussion or decision of the next two applications (PA/2013/0710 and PA/2013/0726).

(iii)  13/0710 by Mr Khoyru Miah for the change of use to a restaurant and takeway, the Old Institute Building, 8 High Street, Winterton.

The Head of Development Management recommended that if members were minded to approve the development a decision on the application be delegated to officers as the time for notification did not expire until 31 October 2013.

An objector to the application expressed concerns over smell and noise pollution and also the impact of car parking.  He advised that the report stated that the building had previous been a meeting room but he wished to advise the Committee that it had actually been office accommodation, housing four people, for the previous 25 years.  He also stated that the owners of 8 High Street had no legal access down the alleyway to the side of the property to the rear yard which was where the applicant intended to store bins.

The applicant explained that the property had been vacant for a number of years and had deteriorated and there was no demand for its previous use.  The aim was to bring it back to life and provide Winterton with a quality restaurant and takeaway, at the same time boosting the local economy by providing employment for eight to nine people.

With regard to the issue of the alleyway, the applicant believed this was a legal and civil matter and should be dealt with separately to the planning application.

The Head of Development Management advised that a meeting had taken place with the applicant and a way forward had been agreed in relation to the fire escape and extract ventilation could be attached to the chimney stack on the property.  With regard to the access to the rear yard for storage of bins, the Committee was advised that if a right of way could not be established it was unlikely that Condition 5 in the recommendations could be discharged.

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

Concerns were raised with regard to the impact of the business within the conservation area, noise and car parking issues.

Moved by Councillor Rowson and seconded by Councillor Allcock –

That permission be refused.

Motion Carried

Permission was refused on the following grounds:

(a)  The proposal would be likely to have an adverse effect on the amenities of occupiers of nearby property by reason of odours from cooking and inconvenience caused by a lack of reasonable level of car parking in the vicinity. The proposal is thus contrary to policies DS1, DS4, DS11 and S9 of the North Lincolnshire Local Plan.

(b)  The installation of the necessary ventilation and extraction equipment associated with a restaurant in this location would be likely to have an adverse effect on the appearance of the Winterton conservation area which would be contrary to policies DS1 and HE2 of the North Lincolnshire Local Plan and policy CS6 of the North Lincolnshire Core Strategy.

(iv)  13/0726 by Mr Khoyru Miah for advertisement consent to display an illuminated facia sign on the Old Institute Building, 8 High Street, Winterton.

Moved by Councillor Rowson and seconded by Councillor Grant –

That permission be refused.

Motion Carried

Permission was refused on the following grounds:

The signage would have an adverse effect on the character and appearance of the Winterton conservation area contrary to policy HE4 of the North Lincolnshire Local Plan.

Councillor Ali returned to the meeting.

(v)  13/0839 by Mr C Bennett to replace an extant planning permission (PA/2010/0674) to erect three storage units at land to rear of 42-44 High Street, Epworth.

Councillor 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 recommendations contained in the report.

(vi)  13/0847 by Mr R Spink for conversion of existing barns and stables to form four new dwellings and car parking (including demolition of a portal-framed grain store) at Glebe Farm, Coleby Road, West Halton.

Resolved – That permission be granted in accordance with the recommendations contained in the report, subject to an additional condition in the interests of highway safety and to comply with policy T19 of the North Lincolnshire Local Plan, as follows:

The existing vehicular access to the site shall be improved within highway limits in accordance with details to be submitted and approved in writing by the local planning authority.

(vii)  13/0848 by Mr R Spink for listed building consent for alterations to a barn to form a dwelling at Glebe Farm, Coleby Road, West Halton.

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

(viii)  13/0862 by Mr Sam Marjara, Rathside Residential Home for permission to retain timber fencing at Rathside Residential Home, 41 Gainsborough Lane, Scawby.

The agent explained that he believed that the parish council’s objection was not valid as the fencing would secure the garden for patients at the Residential Home and he did not believe it would have an unacceptable impact.

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

(ix)  13/0884 by Mr M Hubbert, North Lincolnshire Homes for advertisement consent to retain one externally illuminated sign at Horsefair Paddock, Barnard Avenue, Brigg.

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

(x)  13/0890 by Mr M Hubbert, North Lincolnshire Homes for consent to retain one illuminated sign at Victoria House, Victoria Drive, Barton upon Humber.

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

(xi)  13/0974 by Mr F Mollett permission to replace wooden windows and doors with UPVC at Byre House, Danns Hill, Saxby All Saints.

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

(xii)  13/0978 by Mr and Mrs J Short to erect a single-storey rear extension and patio at 7 Western Drive, Barton upon Humber.

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

(xiii)  13/1188 by Mr Chris Newsome, Simons to modify existing Section 106 Agreement attached to planning permission PA/2013/1288 to allow two regulated tenants (rather than one) to operate within the retail park at Trent Valley Garden Centre, Doncaster Road, Gunness.

Further information was distributed by the Objector, the Planning Committee took the decision to accept this and a five minute recess was approved for consideration.

The Head of Development Management provided a full oral summary of the information contained in objections received from Indigo Planning on behalf of Zurich Assurance Ltd care of Threadneedle Property Investment Ltd and an objection from The Parishes Management Company and confirmed that no new matters had been raised by the additional information and that the officer recommendation was not affected.

The agent for the applicant stated that the planning officer’s report was in support of the application and addressed the main issues.  The modification to the agreement applied only to Unit 3 and would secure the long term letting of the final unit and would mean that construction could begin.  The additional tenant would remain in Scunthorpe town centre and it should not be assumed that the store will close in five years time.

An objector to the application expressed concerns over the amount of retailers that had closed since the planning application had been agreed and the large number of vacant shops in the town centre.  He stated that it was a vital part of the planning application that only one regulated tenant could operate within the retail park and allowing a further would do more harm to the town centre.

Resolved – That the Section 106 agreement be modified in accordance with the recommendations contained in the report.

1548  (16) LISTED BUILDINGS  AND CONSERVATION AREAS ACT 1990 SECTION 69 – DESIGNATION OF CONSERVATION AREAS – The Director of Places submitted a report which sought to re-designate North Lincolnshire’s conservative areas.

The Planning Committee resolved on 8 May 2013 (minute 1520 refers) to re-designate North Lincolnshire’s 17 conservation areas based upon the 2008 review boundaries and as shown in Appendix 1 of the report, i.e. all mapping carrying the date of either 29 June 2011 or 29 July 2011 be approved (all boundaries having been resolved as definitive on those dates by reason of audit and review of all available evidence).

The council needed to put certain unauthorised works in these areas before the courts to maintain the conservation areas, listed in Appendix 2 to the report. To do this a very high level of proof was required about when and how they were set up. Re-designating the conservation areas and formally adopting the mapping would achieve this.

Public Notices were placed in The Scunthorpe Telegraph and The London Gazette advertising the re-designation of the conservation areas as required under sections 69 and 70 of the Planning (Listed Buildings and Conservation Areas Act) 1990. There were no changes to the existing conservation area rules and regulations. The notices gave a duration of three weeks inviting any representations regarding the confirmation of the conservation area boundaries. No representations were received.

Resolved – (a) That the re-designation of North Lincolnshire’s conservation areas based upon the 2008 review boundaries as unopposed, set out in Appendix 1 to the report, be approved, and (b) that the designation records be subsequently marked and dated as true copies and held in  the council’s property record.  As appropriate, notarised copies of the same be lodged with an appropriate archive.

 

Reports