Planning Committee – 9 April 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 12 March 2014 as a correct record and authorise the chairman to sign.

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

5.  Major Planning Applications

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

7.  Changes to the Good Practice Guide for Members & Officers Dealing with Planning Applications.

8.  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 Allcock, Bainbridge, L Foster, Gosling, Grant, Poole, Rowson, N Sherwood and Wardle.

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

The committee met at the Civic Centre, Scunthorpe.

1579  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 AllcockCllr Rowson 1581 (i)1581 (i) 2013/10642013/1064 Knows Speaker for the ApplicantKnows the Applicant and Agent
Cllr N Sherwood 1581 (iii) 2014/0001 Cabinet Member for Highways and Neighbourhoods andMember of the Radio Society of Great Britain

The following members declared that they had been lobbied: –

Member (s) Minute (s) Application/Item (s)
Cllr Allcock 1584 (vi)  2014/0123
Cllr Poole 1584 (i) 2013/1041

1580  MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 12 March 2014, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1581  (35) APPLICATIONS 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)  2013/1064 by Mr A Drury for outline planning permission to erect a dwelling in connection with agriculture with all matters reserved at Rushcarr Farm, Clouds Lane, Beltoft, Belton.

The agent for the application outlined the proposals and explained that the proposed site was in open countryside.  The proposed dwelling was to be situated as close to the farm buildings as possible making use of the existing access.

It was stressed that there was no general haulage undertaken from the site, and that all manoeuvres were associated with the farm and movement of agricultural products.

The committee members were advised that by living on site, this would provide increased security for not only the equipment and crops stored on site, but also for employees on the farm.

Councillor Allcock spoke on this application and confirmed his support.

Councillor Bainbridge spoke on the application and confirmed her support, but expressed concerns about the future sale of the property.  It was requested that should the application be approved that a condition be included to ensure that the proposed dwelling be tied to the business and land.

Reference was made to the site visit and that it had been noted that the neighbouring farm had a similar arrangement in place.

Members engaged in further discussions and the Head of Development Control confirmed that an agricultural occupancy condition would normally be applied to a claimed essential farm workers dwelling and that a separate legal agreement under S106 would be necessary if it was required to tie the farmhouse to the applicants landholding.

Resolved – That permission be granted , subject to conditions and the applicant entering into a S106 Agreement to tie the dwelling to the agricultural holding with issuing the decision being delegated to the Head of Development Management and that the following conditions to be applied –

(a)  That the application be subject to a Section 106 agreement tying the dwelling to the agriculture holding;

(b)  that the application be subject to standard outline conditions;

(c)  that the dwelling be for agricultural occupancy only;

(d)   that the application be subject to necessary highway conditions .

(e)  that the application be subject to conditions re  Flood risk.

(f)  that the application be subject to suitable drainage systems being approved for the site.

Reason: That a permanent and visible on-site presence would provide a reliable deterrent to theft and added security for workers on the site and was considered essential for the efficient working of the farming enterprise.

(ii)  2013/1346 by North Lincs Property Holdings Ltd to retain the change of use to a builder’s yard, demolish an existing builders’ store and erect a replacement building to be used in conjunction with the builders’ yard, and construct two aggregate bunkers on land to the rear of Teggs Garage, Station Road, Epworth.

The agent for the application explained that the application was from a young building company that had been set up in the Isle of Axholme and provided quality housing in the area.

It was acknowledged that there would be concerns from residents about the potential of dust and noise pollution, however it was reiterated that this had always been an industrial site, and previous applications to develop housing on it had been refused on that ground.

The members were advised that the applicants were happy to consider conditions to regulate the hours of trading, and options to reduce emissions and noise pollution.

Members engaged in discussions over the proposal.

Moved by Councillor Bainbridge and seconded by Councillor L Foster –

That consideration of this application be deferred to a future meeting and that members work with planning officers to find an acceptable solution for the site and satisfactory planning conditions that might be imposed to safeguard neighbouring property.

Motion Lost

Moved by Councillor N Sherwood and seconded by Councillor Wardle –

That planning permission be refused in accordance with the recommendations contained within the report.

Motion Carried

(iii)  2014/0001 by Mr P Simpson for the installation of mast support and associated amateur radio antenna and to retain existing VHF/UHF antenna at 7 Hawthorn Close, Wootton.

The applicant explained that as a member of the Radio Society UK, his current mast provided limited reception and that a raised mast would improve the efficiency.  The proposal was for a smaller version of a raised mast, known as a spider mast.  The applicant did not consider that the smaller version would be detrimental to the neighbouring properties and confirmed that this would be lowered when not in use.

The applicant expressed concerns over the images that had been presented at the previous planning committee meeting and explained that these did not provide an accurate representation of what he was proposing.

The Head of Development Control confirmed that this was an application with two elements and that the Committee could split the decision.  Guidance was also sought from the Head of Legal services on this matter, who confirmed that if minded to, the Committee could split the decision.

Members having visited the site, expressed concerns over the size of the proposed new mast, but agreed that the existing mast did not present specific concerns.

Moved by Councillor N Sherwood and seconded by Councillor Allcock –

That permission be granted against the recommendation contained in the report.

Motion Lost

Moved by Councillor Grant and seconded by Councillor Wardle –

That permission be refused for the Spider mast and approval be given to retain the existing VHF/UHF antenna.

Motion Carried

1582  (36) MAJOR PLANNING APPLICATION – 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 a site visit.

(i)  2013/1256 by Mr C Muscroft for outline planning permission for residential development at 7 Lakes Industrial Estate, Crowle Wharf, Ealand, Crowle.

The agent for the application addressed the Committee and questioned whether the policies being applied were up to date with the National Framework and requested that consideration be given to this application.  He stressed that there was no evidence to support the demand for this site being industrial and in addition no evidence of a five year land supply.

Further points were raised over the sustainability of the site.

Councillor Barker, attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application and confirmed that the proposed development was considered too large for the hamlet of Ealand and that the site was bordered on three sides by industrial sites.

Members engaged in discussions over the possible impact that a housing development would have on future industrial uses of the neighbouring sites and the proximity to a busy road.

Questions were asked about the five-year housing land supply and whether the Lincolnshire Lakes project was still being developed.

Resolved – That planning permission be refused in accordance with the recommendations contained within the report.

1583  In addition, Councillor Grant requested permission through the Chairman, that some flexibility be allowed with reference to site visits for major applications.

The Chairman agreed that it was not always necessary to undertake site visits in relation to major planning applications.  It was proposed, therefore, that officers investigate modifications to the constitution so that in future the Head of Development Control and the Chairman consider whether or not a site visit was necessary.

Resolved – (a) That the above proposal be approved, and (b) that this change be incorporated into the appropriate procedures including the Good Practice Guide for Members and Officers dealing with Planning Applications.

1584  (37) 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)  2013/1041 by the Executors of Lt Col R Sutton Nelthorpe Deceased to demolish existing buildings, renovate existing dwellings 19, 21 and 23 West Street, Scawby and erect nine additional dwellings at the site of 19 – 23 West Street, Scawby.

The agent for the applicant advised that there would be an additional nine dwellings in line with the National Planning Policy Framework and also the Local Development Plan.  The key benefit of the proposal was that the existing cottages would be used and it would provide an effective and efficient use of land in the conservation area.

The Committee was advised that the client was happy to accept conditions and also complete a Section 106 agreement.

The agent advised that the Parish Council had objected to the proposal due to concerns over drainage, however the applicant had consulted with Anglian Water who could not see any problems.

Councillor Poole explained that as ward member he had called-in the application following significant concerns over flooding, but confirmed that conditions 5 and 8 outlined within the officers report addressed these.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report, and in conjunction with a Section 106 agreement for an affordable housing contribution of £35,548.92 and an open space contribution of £1,188.49.

(ii)   2013/1278 by North Lincolnshire Homes Ltd for the conversion and alteration of a former sheltered housing scheme to individual general needs housing at 48-66 High Street and 1 – 18 St Peters Court, Barton upon Humber.

An objector to the application expressed concerns that the proposed development introducing a new and younger population to the area would affect the privacy and security of neighbouring properties, and that there was insufficient room for additional cars, children’s play areas and the access to the development was inadequate.

The objector requested that a site visit be taken and Highways Officers be invited to attend.

The agent for the application confirmed that consultation had been undertaken with ward councillors who had wanted to see the properties brought back into use.

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

(iii)   2013/1323 by North Lincolnshire Homes Ltd for listed building consent for the conversion and alteration of a former sheltered housing scheme to individual general needs housing at 64 and 66 High Street, Barton Upon Humber.

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

(iv)   2013/1564 by C F Barry to erect a conservatory at Gardeners Cottage, 47  Main Street, Saxby all Saints.

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

(v)  2014/0107 by Mrs C Wyatt for extensions to front, side and rear of dwelling, and extension and conversion of garage to annexe at Hidcote, Green Lane, Westgate, Belton.

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

(vi)  2014/0123 by Mr & Mrs G Suszczenia to erect three dwellings at Greenhill Stores, 2 Greenhill Road, Haxey.

The applicant spoke in support of this application and confirmed that the opening of the new Co-op store in Haxey had impacted on the trade at the Greenhill Stores.

An objector to the application explained that the proposal was an over development of backland.  He advised that there were concerns over privacy to neighbouring properties, the design of the proposed dwellings was not in keeping with neighbouring properties and there were concerns over traffic and safety to the site.

Councillor Allcock spoke on this application and proposed a site visit.

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

(vii)   2014/0229 by Mr & Mrs G Walker to erect a single-storey extension to the front of 9 Hillsmere Grove, Winterton.

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

1585  (38)  CHANGES TO THE GOOD PRACTICE GUIDE FOR MEMBERS AND OFFICERS DEALING WITH PLANNING APPLICATIONS –  The Director of Policy and Resources submitted a report which sought consideration of suggested amendments to the Good Practice Guide.

The Council first adopted the ‘Good Practice Guide for Members and Officers dealing with planning applications’ (‘Guide’) in 2000. Since then the Guide had been periodically reviewed to reflect legislative change and practice developments.

The Guide was last reviewed in April 2009 and the latest review accounted for the developments arising predominantly from the introduction of the Localism Act 2011, including the revised register and disclosure of interests requirements and the rules concerning predetermination under section 25 of the Act.

The Guide had been revised to take into account these requirements and was placed before the Committee for consideration with a view to it recommending that the revised Guide be adopted by Council and incorporated in the Council’s Constitution.

Members engaged in discussions and amendments were proposed to paragraph 3.1, that any member of the Committee should they so wish be allowed to attend the Planning Chairman’s briefing and that the reason for site visits also be recorded in future minutes.

Recommended to Council – (a) That the changes to the Guide outlined in the Appendix to the report be endorsed and recommended to Council for incorporation into the Council’s Constitution, subject to the following additions –

  • That Paragraph 3.1 reads ‘Councillors and officers have different but complementary roles.  Councillors and Officers are responsible to both the public and the electorate, whilst officers are responsible to the Council as a whole.  Officers advise councillors and the Council and carry out the Council’s work.  They are employed by the Council, not by individual councillors.  A successful relationship between councillors and officers will be based upon mutual trust, understanding and respect of each other’s positions’.
  • That any Committee member who wishes to attend the Planning Chairman’s briefing, may do so upon a request being made and approval being given by the Chairman.
  • Further to Minute 1583 above, paragraph 16.3 be amended to read ‘The procedure governing the conduct of site visits is set out in the Council’s Constitution.  However in future the Head of Development Management and the Chairman, consider whether or not a site visit is necessary for each individual major application and can be foregone should it be perceived that no benefit will be gained from attending’.

1586 URGENT ITEM – RAF KIRTON IN LINDSEY – The Chairman submitted an urgent oral report to advise members of the planning powers that were in place to safeguard the appearance of the former RAF base Kirton in Lindsey site in the interests of local amenity.

An urgent decision was sought on this matter so as to alert prospective purchasers in the light of the likely imminent marketing of the site and to ensure that the premises did not deteriorate to the detriment of the appearance of the area.

The Ministry of Defence (MOD) had confirmed that a large part of the former RAF Kirton in Lindsey site was surplus to military requirements and alternative uses were being discussed.

The MOD had indicated that it would maintain security on the site, but its intention was to dispose of the entire site by July 2015.

In order to ensure that the site did not become neglected it was considered important to let Kirton Town Council and any future owners of the site know that the council was prepared to use section 215 to ensure that the appearance of the site was suitably maintained.

Councillor Poole proposed that Section 215 of the Planning Act be used and the proposal was seconded by Councillor N Sherwood.

Resolved – That Section 215 of the Planning Act be used to enforce the future maintenance of the RAF Kirton in Lindsey site, to ensure that there is no further deterioration to the building or the surrounding site such that it becomes detrimental to the amenities of the area.

Reports