Planning Committee – 10 February 2016

Chair:  Councillor N Sherwood
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 13 January 2016 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.  Planning Application PA/2015/1195 – Residential Development at the Brocklesby Inn, Howe Lane, Goxhill.

8.  Public Footpath 256A (1), Melton Ross – Report by 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 N Sherwood (Chairman).

Councillors Allcock (Vice-Chairman), Bainbridge, Carlile, Collinson, England, Glover, Kataria, Longcake and Ogg.

Councillors Ali, L. Foster, T.Foster, O’Sullivan, Poole, Rowson and Waltham attended the meeting in accordance with Procedure Rule 1.37 (b).

The committee met at the Civic Centre, Scunthorpe.

1712   DECLARATIONS OF 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 : – 

Members Minute Applications Nature of Interest
Cllr Allcock 1716ii)1716(iii)1716(vii)1716(xi) PA/2015/0669 PA/2015/1048 PA/2015/1339 PA/2015/1424 Member of the Isle of Axholme and North Nottinghamshire Water level Management Board.
       
Cllr Ogg 1714(iii)1716(viii)1716(x)1716(xii) PA/2015/1207 PA/2015/1345 PA/2015/1391 PA/2015/1457 Knows of the applicant.

 

 

The following members declared personal and prejudicial interests: –

Members Minute Applications Nature of Interest
Cllr Kataria 1714(iii) PA/2015/1207 Member of Ahmadiyya Muslim Association.
 Cllr N Sherwood 1716(xii)  PA/2015/1457 Knows the applicant.(Close association)

The following members, attending the meeting in accordance with Procedure Rule 1.37 (b), declared the following personal interests –

Members Minute Applications Nature of Interest
Cllr Briggs

 

 

 

Cllr Poole

 

 

 

 

1716(ii)

General

 

 

 

PA/2015/0669

Member of the Fire Authority. Member of the Isle of Axholme & North Nottinghamshire Water Management Board.

Knows agent.

The following members declared that they had been lobbied: –

Member(s) Application(s) Minute
Cllr Allcock

Cllr Ali

Cllr Bainbridge

 

Cllr Briggs

Cllr Carlile

Cllr Collinson

Cllr England

Cllr T Foster

Cllr Glover

Cllr Longcake

PA/2015/1207 PA/2015/1048

PA/2015/1207

PA/2015/0901 PA/2015/1207

PA/2015/1121

PA/2015/1207

PA/2015/1207 PA/2015/0651

PA/2015/1207

PA/2015/0901 PA/2015/0651

PA/2015/1207

PA/2015/1207

1714 (iii) 1716 (iii)

1714 (iii)

1714 (i) 1714 (iii)

1714 (ii)

1714 (iii)

1714 (iii) 1716 (i)

1714 (iii)

1714 (i) 1716 (i)

1714 (iii)

1714(iii)

Cllr Poole

Cllr Rowson

Cllr N Sherwood

PA/2015/0901 PA/2015/0651

PA/2015/1391

PA/2015/1384 PA/2015/1207

1714 (i) 1716 (i)

1716 (x)

1714 (iv) 1714 (iii)

 

1713   MINUTESResolved – That the minutes of the proceedings of the meeting held on 13 January 2016, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1714   (31) APPLICATIONS DEFERRED FROM PREVIOUS MEETING – In accordance with the decisions at the previous meeting, members had undertaken site visits on the morning of the meeting. The Head of Development Management submitted reports and updated them orally.

(i)          2015/0901 Acorn Recyclers for planning permission for change of use of three vacant hangers for B8, ancillary B1 uses and agricultural storage, at RAF Kirton in Lindsey, B1400 from B1398 to B1205, Kirton in Lindsey, DN21 4HZ.

The agent for the application informed the committee that this application was part of a number of applications being submitted for this particular site and adjoining land.  This application was just for the change of use of three hangers to Class B8 storage and distribution and or class B1 use as well as for agricultural storage.  He indicated there had been no statutory objections and would work with the council on a management plan to restrict the vehicle movements particularly onto the A15.

Cllr Poole highlighted a number of concerns with this application, particularly with the traffic movements joining the A15.  He also informed the committee that part of the junction A15/B1205 was in the ownership of Lincolnshire County Council and thought that its comments on this application should be sought before a decision was made.

Cllr Allcock agreed that this application should be deferred until a reply from Lincolnshire County Council had been received.

Resolved – That the application be deferred for consultation with Lincolnshire County Council regarding traffic impacts on the A15/B1205 junction.

(ii)         2015/1121 Mr C Walters for planning permission for part first-floor, part single-storey extension to rear, raising of roof height and associated external alterations to garden level at 56 Eastoft Road, Crowle, DN17 4LR.

Cllr Briggs as ward member thanked the committee for visiting the site, and asked it to take into consideration the number of objections received including that of the Town Council. He stated that this application was over development and was not in keeping with the area.

Cllr Allcock agreed that this application was over development on the site. He felt that the residents were in close proximity to the proposed application site which would cause them significant shadowing and therefore recommended that the application be refused.

Moved by Councillor Allcock and seconded by Councillor Ogg –

That planning permission be refused for the following reason:

  1. The proposal represents over-intensive development which would have an adverse effect on the amenities of the occupiers of neighbouring property. The proposal as such is contrary to saved policies DS1 and DS5 of the North Lincolnshire Local Plan 2003.

Motion Carried.

(Councillor Kataria having declared a personal and prejudicial interest left the meeting for consideration of the following item – Minute 1714 (iii) refers).

(iii)        2015/1207 Ahmadiyya Muslim Association for planning permission to erect a purpose-built mosque to include sleeping quarters on upper floors for religious leader (including demolition of existing mosque) at 53 Cliff Close Road, Scunthorpe, DN15 7HT.

The Head of Development Management updated the committee and informed it that two petitions had been received in relation to this application. The first petition had 55 signatures on it from local residents who had concerns with the design and possible increase in traffic, parking and difficulties accessing the local park.  The second petition had 499 signatures from people objecting to car parking, design of the mosque and number of visitors that may attend.  He also informed the committee that an additional letter had been received from 5 local mosques objecting to the design, indicating that it could cause local tension and that there was not enough car parking to cope with events.  Two further letters as well as a letter of objection on similar issues had been received from the Pakistan and Social Cultural and Islamic Centre.

The applicant addressed the committee and stated that this mosque already existed and had done for over 12 years. He verified that this application was purely to provide better facilities for those who already visit, and that there would be no increase in membership. The proposed layout for parking would mean there would be more parking spaces which should alleviate some of the local concerns.

An objector indicated that he was speaking on behalf of 3000 Muslims and residents within the community against this planning application.  He informed it that five mosques were already established in Scunthorpe and were adequate to meet the needs of all Muslims, and that there was no requirement for another one. He also indicated that the new visual impact of the proposed mosque would increase their profile in the community, which would have a significant impact on the area, with the potential for an increase in numbers, and activities leading to tension and divisions.

Cllr Ali indicated that he had also received a number of complaints with regard to this application, and he was worried that if the mosque was extended then there would be an increase in traffic and numbers attending, so would like to see the application refused.

Cllr O’Sullivan also informed the committee that she had also received a number of concerns from residents in the Crosby & Park ward worried about the parking situation.

Cllr Collinson referred to the site visit they carried out during the morning of the meeting, and informed the committee that he had no major concerns with the application before them. He highlighted that there would be in fact more parking spaces available under the new proposal; the mosque had been there for a number of years.

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

(At this stage of the meeting Cllr Kataria returned to the meeting)

(iv)        2015/1384 Run Developments for planning permission to erect eight town houses with associated access and landscaping works at the Former Brigg Central Kitchen, Colton Street, Brigg, DN20 8AG.

The agent for the application addressed the committee and compared this application to a recent development that had been built nearby.  He also indicated that it was of appropriate density, was set back from the footpath, exceeded highway expectations, sensibly dealt with flood risk issues, had adequate separation from neighbours and was of a similar height to nearby property.  He indicated that the project would deliver affordable housing and he was flexible as to how this would be provided.  He did not consider that it would cause any traffic difficulties as onsite parking was provided and Colton Street was not used as a through route but rather as a destination.

Cllr Waltham speaking as ward member, stated that he was in favour of development on this site, however, was not in favour of development to the extent requested in this application.  He raised concerns with regard to the possible increase in traffic on a road that was already busy and narrow, also the adverse effects it would have on neighbouring properties.  He felt it was over intensive development for this site and not in keeping with the area.

Cllr Allcock agreed with Cllr Waltham that after visiting the site he felt it was an over intensive development for the area. He said it was over bearing in height being three storey high due to the flood risk, and not in keeping with the current street scene and suggested that the application should be refused.

Moved by Councillor Allcock and seconded by Councillor Glover –

That the planning application be refused for the following reason:

The proposal represents over-intensive and overbearing development of the site with designs that are not in keeping with the street. The proposal, if approved, would have an adverse effect on the character and appearance of the area and add to congestion on Colton Street. The development as such is contrary to saved policies H8 and DS1 of the North Lincolnshire Local Plan 2003 and policy CS5 of the Core Strategy 2011.

Motion Carried.

(Note: the voting on the above matter, Minute 1714 (iv) having been equal, the Chairman used his second vote in favour of the motion).

1715   (32) MAJOR PLANNING APPLICATION – The Head of Development Management submitted a report containing details of a major application for determination by the committee, including summaries of policy context, representations arising from consultation and publicity and assessment of the application.

(i)          2015/0728  H G Homes for planning permission for approval of reserved matters (appearance, landscaping, layout and scale) for the erection of 68 dwellings at Sunningdale Road, Bottesford, DN17 2TY.

The applicant spoke in favour of the development noting that as a glass factory in the past this had been a noisy site and that the residential area would be much improved by the development, and that nine fewer dwellings were now shown than was previously anticipated.  He agreed that a cycle route provision from Ontario Road could be provided.

A second spokesperson spoke in favour of the application and explained that the only point he wanted to make was to secure a cycle link to Ontario Road which the applicant had now said he would provide.

Cllr L Foster thanked the Hunt Group for working with the council on this application over a number of years, and making various alterations to their application to get to this stage. He stated that the group had complied with all requests and felt that permission should be granted for this brown field site.

Cllrs Allcock and Collinson agreed that this was an excellent development and supported the officer’s recommendation to grant permission.

Resolved – That the planning application for reserved matters be granted in accordance with the recommendations contained within the report, and with the addition of the following condition:

  1. Notwithstanding the details submitted, the development shall make provision for a link for cyclists to Ontario Road in accordance with details to be submitted to and approved in writing by the local planning authority.

Reason:
To improve accessibility to the site for cyclists in the interests of promoting sustainable transport.

1716   (33) 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)          2015/0651 Mr & Mrs Lain Gouldthorp for planning permission for change of use to form a petting zoo with associated parking, access and café at Grange Park Aquatics, Butterwick Road, Messingham, DN17 3PL.

The applicant informed the committee that the proposal was for change of use from a former paddock and aquatics business to form a small petting zoo with associated access and parking area.  It would have a tea room with toilets a gift shop and would serve the local community with social benefits for children.

An objector raised concerns on behalf of local residents, and highlighted that this was not a small issues and should have been discussed with resident with more in-depth detail. He raised a number of issues including the proximity to residential properties, increase in traffic, congestion, animals too close to residential properties and the fact that the site is located to the south of a high pressure gas pipeline.

Cllr Collinson was sympathetic with the applicant, however had to take into consideration the correspondence from the Health & Safety Executive, and in doing so did not feel it would be safe to grant permission on this application.

Cllr T Foster spoke as a ward member and stated that he had concerns with this application, in particular with regard to health and safety and felt that more detailed information was required.

Resolved – The planning permission be refused in accordance with the reasons contained within the report.

(ii)         2015/0669 G Golland Ltd for outline planning permission to erect two dwellings with appearance, landscaping, layout and scale reserved for subsequent approval including demolition of the farm sheds, at Chapel Farm, Ferry Road, Haxey, Graizelound, DN9 2LY.

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

(iii)        2015/1048 Mr K Reavy for outline planning permission to erect a dormer bungalow and detached double garage with appearance, landscaping, layout and scale reserved for subsequent approval at 34 Doncaster Road, Westwoodside, DN9 2EE.

The agent for the application informed the committee of two similar applications that had previously been approved on Doncaster Road, and that further work had been carried out on this application following a flood assessment. He stated that two previous applications had been refused due to the adverse effect on neighbouring properties. This proposal goes some way to alleviate concerns over the impact of the dwelling itself on neighbouring properties.

Cllr Allcock highlighted that this was backland development, and was not comfortable with the effect this would have on the driveway access of dwelling number 32 and also their loss of privacy, and therefore suggested that the application should be refused.

Moved by Councillor Allcock and seconded by Councillor Glover –

That outline planning permission be refused for the following reason:

The proposal represents an uncharacteristic and unsatisfactory form of backland development which, if approved, would have an adverse effect on the neighbouring property primarily because of the access arrangements. The proposal as such is contrary to saved policies H7, H8 and DS1 of the North Lincolnshire Local Plan 2003 and policy CS5 of the Core Strategy 2011.

Motion Carried.

(Note: the voting on the above matter, Minute 1716 (iii) having been equal, the Chairman used his second vote in favour of the motion).

(iv)        2015/1106 Marden Power Limited for planning permission for construction of a 20 MW embedded short-term operating reserve and peak power (STOR) generating plant, auxiliary equipment and access at land to the south of Dragonby Vale Enterprise Park, Mannaberg Way, Scunthorpe.

Cllr O’Sullivan addressed the committee as ward member and indicated that she had received significant public interest in this application. She stated that she remained neutral on the application of this brownfield site, but would like to see periodic up-keep of the highways drainage.

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

(v)         2015/1235 Neal Group Ltd for planning permission for demolition of existing sales building, canopy link, carwash facilities at 9 Ferriby Road. Part removal of retaining wall and embankment.  Erection of new sales building, jet wash bay, retaining walls, extension of forecourt and parking area.  Installation of 2 50,000 litre underground fuel tanks and alterations to access at Southbank Service Station,  Ferriby Road, Barton upon Humber, DN18 5LE.

The Head of Development Management updated the committee stating that there was more work required on this application to see if the objection from the Environment Agency could be overcome.  The scheme involved the installation of new petrol tanks and it was important to ensure that the aquifer was protected.  Therefore he requested deferment to allow the applicant to do more work.

Resolved – That the application be deferred for more information to see if the objection from the Environment Agency can be overcome.

(vi)        2015/1254 Scangrit for planning permission for proposed additional access to existing highway and improvements to existing access at Scangrit, Eastfield Road, South Killingholme, DN40 3NF.

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

(vii)      2015/1339 Mrs K Emmerson for outline planning permission to erect one dwelling with appearance, landscaping and scale reserved for subsequent approval at land rear of Olcote House, King Edward Street, Belton, DN9 1QN.

The applicant informed the committee that for 40 years this site had been used as a horse paddock, but had become unsuitable for this purpose due to the dwellings built up around it, the increase in traffic and associated noise that scared the horses. She felt it would now be more suitable for a dwelling to be built on the paddock.

Cllr Allcock indicated that the committee had recently looked at a site nearby, and four dwellings were previously approved in the same area.  He stated that this was a similar application and would actually improve the visibility of the site, and therefore moved that permission should be granted.

Moved by Councillor Allcock and seconded by Councillor Glover –

That planning permission be granted in accordance with the following conditions:

  1. Approval of the details of the scale and appearance of the building(s), 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 5(1) of the Town & Country Planning (Development Management Procedure) (England) Order 2015.

  1. Plans and particulars of the reserved matters referred to in condition 1 above, relating to the scale and appearance of any buildings to be erected, and the landscaping of the site, shall be submitted in writing to the local planning authority and shall be carried out as approved.

Reason
The application has been made under Article 5(1) of the Town & Country Planning (Development Management Procedure) (England) Order 2015.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (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 2 metres from the highway boundary across the site frontage.

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

  1. No development shall begin until details of the private driveway, including construction, drainage, lighting and where appropriate signage/street naming arrangements, have been agreed in writing with the local planning authority and no dwelling on the site shall be occupied until the private driveway has been constructed in accordance with the approved details. Once constructed the private driveway shall be retained.

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

  1. No other works shall be commenced on the site until the access road junction with the adjacent highway, including the required visibility splays, has been set out and established.

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

  1. No development shall take place until an archaeological mitigation strategy, as defined in a brief prepared by North Lincolnshire’s Historic Environment Record, has been submitted to and approved in writing by the local planning authority. The strategy shall include details of the following:

(i)      measures to ensure the preservation in situ, or the preservation by record, of archaeological features of identified importance

(ii)         methodologies for the recording and recovery of archaeological remains, including artefacts and ecofacts

(iii)     post-fieldwork methodologies for assessment and analyses

(iv)     report content and arrangements for dissemination, and publication proposals

(v)     archive preparation and deposition with recognised repositories

(vi)     a timetable of works in relation to the proposed development, including sufficient notification and allowance of time to ensure that the site work is undertaken and completed in accordance with the strategy

(vii)    monitoring arrangements, including the notification in writing to North Lincolnshire’s Historic Environment Record of the commencement of archaeological works and the opportunity to monitor such works

(viii)   a list of all staff involved in the implementation of the strategy, including sub-contractors and specialists, their responsibilities and qualifications.

Reason
To comply with policy HE9 of the North Lincolnshire Local Plan because the site lies in an area of archaeological interest.

  1. The archaeological mitigation strategy shall be carried out in accordance with the approved details and timings, subject to any variations agreed in writing by the local planning authority.

Reason
To comply with policy HE9 of the North Lincolnshire Local Plan because the site lies in an area of archaeological interest.

  1. A copy of any analysis, reporting, publication or archiving required as part of the mitigation strategy shall be deposited at North Lincolnshire’s Historic Environment Record within six months of the date of completion of the development hereby approved by this permission or such other period as may be agreed in writing by the local planning authority.

Reason
To comply with policy HE9 of the North Lincolnshire Local Plan because the site lies in an area of archaeological interest.

  1. Unless otherwise agreed by the local planning authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts 1 to 4 below have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the local planning authority in writing until part 4 has been complied with in relation to that contamination.

Part 1: Site Characteristics

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the local planning authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the local planning authority. The report of the findings must include:

(i)       a survey of the extent, scale and nature of contamination;

(ii)      an assessment of the potential risks to:

– human health

– property (existing or proposed), including buildings, crops, livestock, pets, woodland and service lines and pipes

– adjoining land

– groundwaters and surface waters

– ecological systems

– archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and a proposal of the preferred option(s).

This must be conducted in accordance with the Department for Environment, Food and Rural Affairs (DEFRA) and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

Part 2: Submission of Remediation Scheme

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Part 3: Implementation of Approved Remediation Scheme

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the local planning authority. The local planning authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the local planning authority.

Part 4: Reporting of Unexpected Contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken in accordance with the requirements of Part 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Part 2, which is subject to the approval in writing of the local planning authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the local planning authority in accordance with Part 3.

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.

  1. Construction operations shall be limited to the following days and hours:

7am to 7pm Monday to Friday

7am to 1pm on Saturdays.

No operations shall take place on Sundays or public/bank holidays.

HGV movements shall not be permitted outside these hours during the construction phase without prior written approval from the local planning authority.

Installation of equipment on site shall not be permitted outside these hours without prior written approval from the local planning authority.

Reason
For the protection of residential amenity.

  1. No development shall take place until a landscape and biodiversity management plan has been submitted to and approved in writing by the local planning authority. The plan shall include:
    1. details of measures to be taken to avoid harm to nesting birds during site clearance and construction;
    2. details of bat boxes and a bat loft to be installed in new buildings;
    3. details of bird nest boxes to be installed in the grounds;
    4. proposed timings for the installation of the above features in relation to the completion of works on each building;
    5. prescriptions for trees, shrubs and mixed native hedges of high biodiversity value, including the retention of existing trees where appropriate;
    6. prescriptions for the use of wildflower and grass seed mixes of UK origin.

Reason
To protect features of recognised nature conservation importance in accordance with policies CS5 and CS17 of the North Lincolnshire Core Strategy.

  1. The landscape and biodiversity management plan shall be carried out in accordance with the approved details and timings, and the approved features shall be retained thereafter, unless otherwise approved in writing by the local planning authority. The applicant or their successor in title shall submit photographs of the planted trees and shrubs and installed bat roosting and bird nesting features, within two weeks of installation, as evidence of compliance with this condition.

Reason
To protect features of recognised nature conservation importance in accordance with policies CS5 and CS17 of the Core Strategy.

Motion Carried.

(viii) 2015/1345 Mr & Mrs Turner for planning permission to erect extensions to rear of Glebe Farm, Clarkes Road, North Killingholme, DN40 3JQ.

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

(ix) 2015/1366 Mr & Mrs Littlewood for planning permission to erect a new dwelling at land adjacent to Hillside Lodge, Brigg Road, Wrawby, DN20 8RQ.

The Head of Development Management informed the committee that the plan enclosed in their papers was incorrect, and updated them on the correct proposed layout. A further letter of objection had been received to the amendment.

Resolved – That planning permission be granted in accordance with the recommendations in the report, and the additional conditions as follows:

amend condition 2 to read:

14 60 – 204 B Amended Proposed elevations received on 22 January 2016 and
14 60 – 203 C Amended Proposed plans received on 3 February 2016.

  1. 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.

  1. 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.

  1. The proposed new dwelling shall not be occupied until the existing vehicular access has been improved within highway limits, including the provision (by cutting back of the existing hedge) of adequate visibility splays in accordance with details to be submitted to and approved in writing by the local planning authority. Once provided the visibility splays shall be maintained.

Reason
In the interests of highway safety.

  1. The proposed new dwelling shall not be occupied until the vehicle parking and turning facilities serving both it and the existing dwelling have been provided in accordance with amended drawing number 14 60 – 203 C. Once provided the vehicle parking and turning facilities shall be retained.

Reason
To allow vehicles to enter and leave the site in a forward gear in the interests of highway safety.

  1. The communal turning area identified on drawing number 14 60 – 203 C shall at all times be available for use and at no time shall any boundary feature be introduced in to this area.

Reason
To allow vehicles to enter and leave the site in a forward gear in the interests of highway safety.

(x) 2015/1391 Richtoy Motor Sport for planning permission to change the use of land to a private car park and to erect a boundary wall and fence at land rear of Tesco, Queen Street, Winterton.

The agent for the application addressed the committee and highlighted that this application sought permission to improve the off street parking at this business, which would relieve congestion in the area and would also make the footpath much safer for pedestrians.

Cllr Rowson spoken on behalf of herself and Cllr Marper highlighting concerns they had received from residents in the community. They were concerned that the proposed development would have an unacceptable impact on the character and appearance of the conservation area, highway safety and residential amenity.

Cllr Allcock said he had taken into consideration what the other councillors had to say, however he was mindful to grant the application as the area was short on parking facilities and it would improve the current situation.

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

(xi) 2015/1424 Mr M Reynolds for outline planning permission to erect a single dwelling and associated access and creation of a new access at 34 Nethergate, Netherhaven, 34 Nethergate, Haxey, Westwoodside, DN9 2DL.

The Head of Development Management informed the committee that the Parish Council had been re-consulted on access after receiving an amended plan. However, they maintained their objections to the plans and felt it was still over development.

Cllr Allcock also felt that this application was over development, and that the proposed exit was quite dangerous with it being down the hill where the children wait for the school bus. He suggested that it should be refused on highway matters and over development.

Moved by Councillor Allcock and seconded by Councillor Glover –

That outline planning permission be refused for the following reasons:

  1. The proposal is unacceptable as it would result in a cramped form of development that would be out of keeping with the surrounding settlement pattern and would have a significant and adverse effect on the character and appearance of the area. The proposed development is therefore contrary to saved policies DS1 and H8 of the North Lincolnshire Local Plan 2003, and policy CS5 of the North Lincolnshire Core Strategy 2011.
  2. The proposed access arrangements are not considered satisfactory and are likely to have an adverse effect on highway safety. As such the proposal is contrary to saved policies H8 and T2 of the North Lincolnshire Local Plan 2003.

Motion Carried.

(At this part of the proceedings Cllr N Sherwood having declared a personal and prejudicial interest, left the meeting and Cllr Allcock as vice-chairman took the chairs for the following item 2015/1457)

(xii)      2015/1457 Mr J Addison for planning permission for alterations, extensions and change of use of agricultural store to dwelling at agricultural store adjacent to Northholme, Saxby Road, Bonby, DN20 0PY.

The agent for the application informed the committee that this application was to change part of the business area into a two bedroom dwelling with no increase in footprint, and it would be beneficial for the applicant in running the business.

Cllr Longcake stated that the application would be beneficial to the area and the current business and suggested that the application be granted.

Moved by Councillor Longcake and seconded by Councillor Glover –

That planning permission be granted in accordance with the following conditions:

  1. The development must be begun before the expiration of three years from the date of this permission.

Reason
To comply with section 91 of the Town and Country Planning Act 1990.

  1. The occupation of the dwelling shall be limited to a person solely or mainly working or last working in the adjacent commercial premises or a widow or widower of such a person and to any resident dependants.

Reason
The site is in the open countryside where new housing is normally restricted. This permission has been granted to assist in the management of the adjacent business. The condition is also necessary to ensure that residents are unlikely to be disturbed by the adjacent business.

  1. The development shall be carried out in accordance with the submitted drawings and particulars unless otherwise agreed in writing by the local planning authority, in which case the development shall be carried out in accordance with the agreed amended details.

Reason
To ensure that the development is carried out in accordance with the approved plans and specifications.

  1. Unless otherwise agreed by the local planning authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts 1 to 4 below have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the local planning authority in writing until part 4 has been complied with in relation to that contamination.

Part 1: Site Characteristics

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the local planning authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the local planning authority. The report of the findings must include:

(i)       a survey of the extent, scale and nature of contamination;

(ii)      an assessment of the potential risks to:

–         human health

–         property (existing or proposed), including buildings, crops, livestock, pets, woodland and service lines and pipes

–         adjoining land

–         groundwaters and surface waters

–         ecological systems

–         archaeological sites and ancient monuments;

(iii)     an appraisal of remedial options, and a proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

Part 2: Submission of Remediation Scheme

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Part 3: Implementation of Approved Remediation Scheme

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the local planning authority. The local planning authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the local planning authority.

Part 4: Reporting of Unexpected Contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken in accordance with the requirements of Part 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Part 2, which is subject to the approval in writing of the local planning authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the local planning authority in accordance with Part 3.

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.

                                                                                            Motion Carried.

(At this part in the proceedings Cllr N Sherwood returned to the meeting and also returned to the chair)

1717   (34) PLANNING APPLICATION PA/2015/1195 RESIDENTIAL DEVELOPMENT AT THE BROCKLESBY HUNT INN, HOWE LANE, GOXHILL – The Head of Development Management submitted a report seeking authority to correct the requirement for the affordable housing contribution in connection with the development approved in principle by the Planning Committee on the 16 December 2015 under reference PA/2015/1195.

The planning policy requirements as laid out in policy CS9 Affordable Housing in the Core Strategy 2011 only required a 10% contribution of affordable housing in rural settlements such as Goxhill.  Consequently the section 106 community benefit requirement for this development should be modified to require a contribution that secures one unit of affordable housing and not two units as appeared in the previously approved minutes.

Resolved – That the requirement for affordable housing contribution in connection with application PA/2015/1195 be amended to a requirement to secure one unit of affordable housing.

1718   (35) PUBLIC FOOTPATH 256a (1), MELTON ROSS – The Director of Places submitted a report asking the committee to consider whether the council should support the confirmation of an order when it referred it to the Secretary of State. The order sought to add a footpath to the definitive map, or opt to take a neutral stance.
Resolved – That the order be submitted to the Secretary of State and adopt a neutral stance in doing so

Reports