Planning Committee – 22 October 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 24 September 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. PA/2012/0559 – LFC Horkstow – Discharge of Conditions 3,7 and 8.

8. Interim Planning Policy for Residential Care Homes/Institutions – 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.

MINUTES

PRESENT:  Councillor Bunyan (in the Chair).

Councillors England (Vice Chairman), Allcock, Bainbridge, Barker, Grant, Marper, Poole, N Sherwood and Whiteley.

Councillors Briggs, Carlile, L Foster, Ogg, Redfern, Rowson and Waltham  attended the meeting in accordance with Procedure Rule 1.37 (b).

The Committee met at the Civic Centre, Scunthorpe.

1614 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  1618 (xi) 2014/0943  Knows Agent
 Cllr Bainbridge  1618 (x) 2014/0942  Knows Applicant
 Cllr Barker  1618 (x) 2014/0942  Knows Applicant
 Cllr N Sherwood 1618 (xi)
1617 (v) 
2014/0943
2014/0827
 Knows Applicant
Knows Applicant

In addition, the following member declared that they had been lobbied:

Member (s) Minute (s) Application/Item (s)
 Cllr Allcock 1616 (ii)
1618 (viii)
1617 (i) (ii) (iii) (iv)
2014/0498
2014/0861
2013/1000,1001,1002 and 1003
 Cllr Bainbridge 1617 (iv)
1616 (I)
1616 (ii)
2013/1000
2014/0397
2014/0498
 Cllr Bunyan 1616 (ii)
1618 (vii)
2014/0498
2014/0844
 Cllr England 1617 (i) (ii) (iii) (iv) 2013/1000,1001,1002 and 1003
  Cllr Marper 1616 (ii)
1618 (viii)
2014/0498
2014/0861
 Cllr Poole 1616 (I)
1618 (xii)
1617 (i) (ii) (iii) (iv)
2014/0397
2014/1013
2013/1000,1001,1002 and 1003
 Cllr N Sherwood 1616 (ii) 2014/0498

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

Member (s) Minute   Application(s)
/Item
 Nature of Interest
 Cllr Redfern 1616 (ii)
1618 (vii)
1618 (viii)
2014/0498
2014/0844
2014/0861
Member of Epworth T C
Member of Epworth T C
Member of Epworth T C
Cllr Waltham 1618 (ix)
1618 (xi)
2014/0934
2014/0943
Knows Applicant
Knows Applicant

The following member attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) declared that they had been lobbied as follows: –

Member (s) Minute  Application(s)
/Item
Cllr Carlile 1616 (iii) 2014/0669
 Cllr L Foster 1616 (iii)
1617 (i) (ii) (iii) (iv)
2014/0669
2013/1000,1001,1002 and 1003
Cllr Redfern 1616 (ii)
1618 (viii)
2014/0498
2014/0861
 Cllr Waltham 1618 (ix)
1618 (xi)
2014/0934
2014/0943

1615  MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 24 September 2014, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1616  (13)  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.

(i) 2014/0397 by Mr & Mrs Stone for planning permission to erect 16 dwellings with estate roads and footpaths at Church Street, Hibaldstow.

The Head of Development Management provided an oral update to conditions 2 and 9 of the report and confirmed the S106 Education contribution should be £43632.

The agent for the application explained that the site was located on brownfield land in an area where housing was much needed.  Following investigation, of the four trees on site, two were viable and would be retained, and two were in substantial decline with no prospect of recovery.  These would therefore be removed and complementary planting would be undertaken following this.

The agent confirmed that the applicant had addressed the previous concerns raised about overlooking and the plans had been changed to address this.  It was considered that the density of the proposal was in keeping with the village and was well below the 30 dwellings per hectare specified in the Local Planning Policy.

Garaging and parking spaces had been provided for all properties and it was considered that there would be no need for parking on the adjacent Barnside.  The agent did confirm that as part of the development, Barnside would also be widened.

In summing up, the agent confirmed that the applicant had taken on board suggestions, and the road would be widened to benefit everyone in the village.

An objector raised concerns about the density of the development and that this was not acceptable in the heart of the village.  The site was in the centre of the village, and not at the periphery where the impact would be lessened.

Officers attending gave advice and answered members’ questions relating to the traffic movement along Barnside and the impact of the new development.

Councillors Bainbridge, England and Poole welcomed the changes that had been made to the original application to address some of the previous concerns raised by residents.

Resolved – That subject to a satisfactory S106 agreement to secure necessary education contributions the Committee is minded to grant permission be granted in accordance with the recommendations made within the report and the amended conditions as proposed in the oral update with issuing the decision being delegated to the Head of Development Management.  The amended conditions being:

2.  The development hereby permitted shall be carried out in accordance with the following approved plans: 1116-01-SP10 rev A, 1116-01-SP12, 1116-01-SP13, 1116-01-SP14, 1116-01-SP15, 1116-01-SP16, 1116-01-SP17 rev A and 1116-01-SP18.

and

9.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 (or any order revoking and re-enacting that order with or without modification), nothing shall at any time be erected, retained, planted or allowed to grow over 1.05 metres in height above the level of the adjoining carriageway for a distance of 60 metres from the highway boundary across the site frontage.

(ii)  2014/0498 by Mr J Shirley for planning permission to carry out alterations and extensions at 5 Blow Road, Epworth.

The agent for the application thanked members for attending the site visit.  He explained that Blow Road in Epworth did not have a specific style of housing and had a mix of forms which benefited the streetscape of the area.

Members were advised that the design of the application ensured that none of the first floor rooms were overlooking any neighbouring properties or gardens, and therefore would not lead to loss of amenity for any of the neighbours.  Reference was made to a survey that the applicant had conducted with residents in the area, and the agent asked for the support to be taken into consideration.

An objector to the application expressed concerns that the proposed changes would not be in keeping with the character of the area.  He explained that Epworth was a historical town and wished for it to remain so.  He explained that his concerns and reasons for objection were about the design of the building, and not the proposal for an ecological property.

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

Members engaged in discussion over the application.

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

(iii)  2014/0669 by Mr James for planning permission to erect a porch to the front of the property, a conservatory to the rear of the property, and an extension to the existing garage to the rear of 81 Plymouth Road, Scunthorpe.

An objector spoke on the application and thanked members for visiting the site.  The objector stated that her primary concern was related to the proposed front porch and how external communications utilities to her property would be enclosed in the applicant’s extension.  She explained that there were already issues of noise and vibration related to the adjoining nature of the properties.

Councillor L Foster, attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application and explained that the properties were of a unique Canadian design.  He expressed concerns that the proposed alterations to the property would change the streetscene and that the living environment of the neighbouring property would be dramatically change to one of being an attached property.

Members engaged in discussion over the proposed alterations to the front of the property and expressed concerns over the size of the proposed change to the garage at the rear of the property.

Resolved – That permission be refused. The proposed development was likely to have an adverse effect on the amenities of the occupiers of the adjacent dwellings and on the street scene. The proposal was thus contrary to policies DS1 and H8 of the North Lincolnshire Local Plan 2003, CS3 and CS5 of the North Lincolnshire Core Strategy 2011 and guidance set within the National Planning Policy Framework and National Planning Practice Guidance.

Informative
In determining this application, the council, as local planning authority, had taken account of the guidance in paragraphs 186 and 187 of the National Planning Policy Framework in order to seek to secure sustainable development that improved the economic, social and environmental conditions of the area.

1617  (14)  MAJOR PLANNING APPLICATIONS – The Head of Development Management submitted reports 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.

The Head of Development Management provided an oral update on the report and referred members of the committee to the addendum and also additional conditions that had been presented.

The Chairman advised that it had been agreed with the agents for the four  Lucent  Lincolnshire Lakes SARL applications that they could speak for 20 minutes on the applications, rather than four separate intervals of five minutes. Consequently, the chairman then explained that it would be prudent to consider the four applications in reverse order.

The first agent welcomed the opportunity to address the committee.  He explained that the project aimed to bring significant environmental and financial benefits to the area, and met the aspirations of North Lincolnshire Council and residents.

Lucent Lincolnshire Lakes project commenced in 2011and outlined proposals for the transformation of the 260 hectare site to provide new homes, jobs, infrastructure and businesses.

The agent outlined the five key elements of the development and how through a proposed Section 106 agreement the council would secure additional community benefits.  In addition he confirmed that changes had been made to the original application details and that negotiations were ongoing for the relocation of Scunthorpe United’s Football Stadium.

Included in the proposals was the detrunking of the M181 and additional highways improvements.

The committee was advised that having worked with the Environment Agency, it had been agreed that the east bank to the River Trent would be reinforced with steel pilings and that the whole of the Lincolnshire Lakes development would be built on a raised platform, which would provide sufficient protection for a 1:200 year flooding event.

The second agent confirmed that the Lucent Lincolnshire Lakes project would deliver 3000 new homes and 4000 new jobs to the area.

The project had the support of Natural England and also the Wildlife trust, and it was the aim to bring what was termed as a ‘sterile landscape’ into one that attracted wildlife by leaving significant amounts of open space within the development.

Members of the committee engaged in discussion, and it was agreed through the chairman that Lucent could respond to questions raised.

Discussions evolved around the affordable housing provision that had been outlined within the applications, flood defence and whether this would also be provided for communities on the western fringe of the River Trent.

(i) 2013/1003 by Lucent Lincolnshire Lakes SARL for outline application (access not reserved) for a commercial park comprising Use Classes A1 (food) A2, A3, A4, A5, B1, C1 and D2 on land to the north of Brumby Common Lane, and west of the M181 motorway, Burringham.

Councillors L Foster and Oldfield, attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application.  Councillor Oldfield welcomed the new link and detrunking of the M181 motorway and requested that the impact on Scotter Road and Burringham be considered, and that a by-pass be factored into the plans.

Members engaged in further discussions.

Moved by Councillor Grant and seconded by Councillor Bainbridge –

That the Committee was minded to grant planning permission  in accordance with the recommendations made within the report, the details outlined within the addendum and the additional conditions as proposed by the Head of Development Management and subject to the completion of a satisfactory S106 agreement with the decision being delegated to the Head of Development Management.

Motion Carried

(ii)  2013/1002 by Lucent Lincolnshire Lakes SARL for full planning permission for highway works to create new junction to the M181 motorway and construction of the western section of the east-west link road on the M181 motorway north and south of Brumby Common Lane Bridge and, west of the M181, Burringham, Ashby Parklands and Gunness.

Moved by Cllr Poole and seconded by Cllr N Sherwood –

That the Committee was minded to grant planning permission  in accordance with the recommendations made within the report, the details outlined within the addendum and the additional conditions as proposed by the Head of Development Management.and subject to  the completion of a satisfactory S106 agreement with issuing the decision being delegated to the Head of Development Management.

Motion Carried

(iii)  2013/1001 by Lucent Lincolnshire Lakes SARL for outline planning permission (with access not reserved) for the erection of a maximum of 450 dwellings including a care/retirement home (Use Classes C2 and C3), a village centre (Use Classes A1, A2, A3, A4, A5, B1 and D1, health care facility and community facitlity (Use Class D1), new roads and footpaths, informal areas of open space, play areas and sports pitches on land to the north of Brumby Common Lane, and east of the M181 motorway, Ashby Parklands and Scunthorpe.

Members engaged in discussions and sought clarification on the widening to the access point from Scotter Road and also the traffic management systems to be introduced at the Berkeley Circle.

Moved by Cllr Poole and seconded by Cllr N Sherwood –

That permission be granted in accordance with the recommendations made within the report, the details outlined within the addendum and the additional conditions as proposed by the Head of Development Management.

Moved by Cllr Grant and seconded by Cllr Bainbridge as an amendment –

The motion with the addition of and subject to  the completion of a satisfactory S106 agreement  with the application being returned to the Planning Committee for further condsideration particularly regarding the provision of  affordable housing to be laid out in  the section 106 agreement..

Amendment Carried
Substantive Motion Carried

(iv)  2013/1000 by Lucent Lincolnshire Lakes SARL for outline application (access not reserved) for erection of a maximum of 2550 dwellings including a care/retirement home (Use Classes C2 and C3), primary school and community facilities (Use Class D1), village centres (Use Classes A1, A2, A3, A4, A5 and B1), new roads and footpaths, informal areas of open space, play areas and sports pitches and new wildlife habitat, lakes and wetland on land to the north and south of Brumby Common Lane, and east and west of the M181 motorway, Burringham and Ashby Parklands.

Councillor Barker requested that an additional condition be included to ensure that the western bank of the River Trent also be reinforced by Lucent to ensure that flood risks to the villages along this side were not increased.  The Head of Development Management clarified that the land was outside the Lucent boundary.

Moved by Cllr Grant and seconded by Cllr Bainbridge–

That the specification of the percentage of affordable housing be outlined within the section 106 agreement, and that agreement be submitted to the committee for approval.

Motion Lost

Moved by Cllr Grant and seconded by Cllr Bainbridge –

That the Committee was minded to grant planning permission  in accordance with the recommendations made within the report, the details outlined within the addendum and the additional conditions as proposed by the Head of Development Management and subject to the completion of a satisfactory S106 agreement with issuing the decision being delegated to the Head of Development Management.

Motion Carried

(v) 2014/0827 by Mr Julian Hair, JJ Hair Transport for outline planning permission to redevelop part of a haulage yard for residential use (resubmission of PA/2014/0584) at Westgate, Bridge Road, Broughton.

The agent for the application explained that the proposed development was on a brown field site and that the National Planning Policy Framework encouraged local  authorities to use previously developed land for housing purposes.  It was considered that this would be beneficial to the local school and economy.

Reference was made to the report and specifically the mention of the North Lincolnshire Core Strategy, Policy CS2, CS3 and CS8, which was considered not to be relevant for the development of a brown field site.

The Head of Development Management explained that concerns had been raised over the increased traffic, and that although the site was run down it was an unsustainable location for housing development with it being well outside the development boundary.

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

1618 (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) 2014/0446 by Mr Durnian for planning permission to erect two semi-detached dwellings with associated infrastructure and garages (including demolition of existing public house) in accordance with amended plans received on 9 September 2014 for the Lions Head, 55 Park Street, Winterton.

Councillors Ogg attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application.  He explained that he had called in the application due to concerns raised by Winterton Town Council and requested that the Planning Committee conduct a site visit.

The Head of Development Management indicated that he thought the Town Council had withdrawn its objection on receipt of amended plans.

Councillor Marper explained that there had been concerns raised over issues with surface water run off and also foul drainage, however it was considered that the impact of the two dwellings on the drainage systems would be less than from the public house.

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

Reason –To allow a site visit.

(ii)  2014/0649 by Mr S Jones for planning permission to erect a portal-framed building at Windyridge, Haxey Road, Haxey.

The agent for the application explained that the application had been amended so that the building would now be sited within the residential curtilage of the dwelling.  The building was required for the storage of classic military vehicles.

Councillor Allcock voiced concerns over the size of the building on what was a prominent site.

Resolved – That permission be granted for the application, subject to the conditions contained within the report.

(iii) 2014/0701 by Mr and Mrs Leetham for planning permission to carry out alterations and extensions to Orchard House, Neatgangs Lane, Goxhill.

Resolved – That permission be granted for the application, subject to the conditions contained within the report.

(iv)  2014/0718 by Mr R Smith for planning permission for a warehouse extension at Kings Ferry Wharf, Stather Road, Burton upon Stather.

The agent for the application provided details of the proposal and confirmed that there would be a small increase in traffic to the site, and proposals had been made to re-route vehicles along the A1077 rather than through Normanby Village.

It was explained that the site had been a port for 200 years and that the extension would provide further employment in the area.

Councillor Rowson and Ogg attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application and a site visit was requested.

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

Reason –To allow a site visit.

(v) 2014/0771 by Mr R Sykes, North Lincolnshire Homes for planning permission to provide parking bays and drop crossings on communal land, Vicarage Avenue, Wrawby.

Resolved – That permission be granted for the application, subject to the conditions contained within the report.

(vi)  2014/0816 by Mr and Mrs A Parnham for planning permission for the erection of first floor extensions to either side of the dwelling, together with new porch and additional dormer windows to front and rear roof slopes (including demolition of existing porch, car port and side lobby) at Samantha, Main Street, Howsham, Cadney.

Resolved – That permission be granted for the application, subject to the conditions contained within the report.

(vii)  2014/0844 by Mr S Price for planning permission to erect a cattery at Westdene, 8 West End Road, Epworth.

The Head of Development Management explained that there was a slight modification required and that two letters of objection had been received.

Councillor Redfern attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application and a site visit was requested.

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

Reason –To allow a site visit.

(viii)  2014/0861 by Mr R Mills, North Lincs Property Holdings Ltd for planning permission for a change of use of shop and flat (A1) to restaurant (A3), with installation of new shop front and rear external flue at 76-78 High Street, Epworth.

The Head of Development Management gave an oral update and provided details of a modification to condition 3 with regards to the ventilation and extraction equipment.

The potential manager of the site spoke on the application and advised that the planning officers amendments had and would be met.  He explained that the business would create employment opportunities in the area.

Councillor Redfern attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application and expressed concerns over loss of amenity to neighbouring properties by virtue of odour pollution.

The Head of Development Management confirmed that very detailed conditions had been agreed to address this issue.

Resolved – That permission be granted in accordance with the recommendations made within the report and the amended condition as proposed in the oral update provided by the Head of Development Management, that:

3.  Notwithstanding the details submitted, prior to commencement of the approved use, an extraction system shall be installed and shall be in operation at all times whilst cooking is undertaken. An ESP 3000 E Electrostatic Precipitator system and an ON 100 Odour Neutraliser shall be fitted to the odour extraction system to ensure efficient control of odours. The system shall be installed, operated and maintained in accordance with the manufacturer’s instructions and permanently retained. Any change to or replacement of the system shall only be undertaken following written approval by the local planning authority.

(ix)  2014/0934 by Mr P Jessney for outline planning permission to erect a dwelling with access and siting not reserved for subsequent approval at Homelea, Sluice Road, South Ferriby.

The agent for the application explained that the application was for a modest dwelling on the owners land.  It was considered that this would not affect the amenity of the neighbouring properties.

The Head of Development Management advised that the site was outside the development boundary.  The Environment Agency also required that due to application being within a flood risk area, a sequential test and exception test would need to be undertaken.  The committee was advised that the application failed both of these tests.

Councillor Waltham attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application.

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

(x)  2014/0942 by Miss G Fixter for permission to fell 7 trees and undertake pruning works on 12 trees within the Common Plantation Tree Preservation Order 1967 at 284 Burringham Road, Scunthorpe.

Resolved – That permission be granted for the application, subject to the conditions contained within the report.

(xi)  2014/0943 by Mr and Mrs N Empson for outline planning permission to erect a 3-bedroom detached chalet bungalow and garage block (with appearance, landscaping, layout and scale reserved for subsequent approval) on land adjacent to Farwold, Top Road, Worlaby.

The agent for the application explained that the application site was within walking distance of the school and local amenities.  Reference was made to the report which stated that the site was designated as LC11 land as an Area of Amenity Importance.  The agent explained that Worlaby currently had three such LC11 areas and confirmed that there were proposals for property development to the north of Worlaby.

The application site being considered was on the western fringe, and was for one dwelling only.  The agent clarified that this designated LC11 site had already been eroded by backland development.

Councillor Waltham attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application and confirmed that there were proposals to change the North Lincolnshire Local Planning Policy and for further development in Worlaby.

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

Reason –To allow a site visit.

(xii)  2014/1013 by Mr and Mrs P Nunn for planning permission to erect a single-storey extension (re-submission of PA/2014/0331) at 67 Greenfield Drive, Hibaldstow.

The agent for the application explained that the applicants had sustained damage/vandalism to their caravan, and the planning application was for a new garage to house two cars and the caravan.  He explained that the applicants were happy for conditions to be applied to the application to ensure that the extension is for garage purposes only and not for living in.

Members engaged in discussion.

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

Reason –To allow a site visit.

1619 (16)  PA/2012/0559 BY LFC HORKSTOW LTD – DISCHARGE OF CONDITIONS 3, 7 AND 8 – The Head of Development Management explained that an application had been received to discharge conditions 3, 7 and 8 of planning permission PA/2012/0559.  The application as submitted provided notice of the applicant’s intentions to commence groundworks as soon as the discharge of conditions had been confirmed (condition 3), specifications of the turbine design (condition 7) and archeological mitigation strategy (condition 8).

Resolved – That conditions 3, 7 and 8 of planning application PA/2012/0559 be discharged.

1620 (17) INTERIM PLANNING POLICY FOR RESIDENTIAL CARE HOMES/INSTITUTIONS – The Director of Places submitted a report which had been drawn up to provide clear guidance for officers, elected Members and applicants with regard to the provision of residential care homes/institutions.The Head of Development Management confirmed minor revisions to the report.

The report outlined that the provision was a key planning issue.  The policy included definitions of what constituted a Residential Care Home/Institution.  The document set out the planning policies and other criteria that would need consideration by officers, and applicants when dealing with proposals for residential care homes/institutions.

Resolved – That the Interim Policy Statement for Residential Care Homes/ Institutions as amended be noted by the Planning Committee.

 

Reports