Planning Committee – 13 January 2016

Chair:           Councillor N Sherwood
Venue:          The Council Chamber, Civic Centre, Scunthorpe
Time:            2.00 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 16 December 2015 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.            Restricted Byway 76, Haxey (aka Carr Lane, Low Burnham) – Report by the Director of Places

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.

MINUTES

PRESENT: –  Councillor N Sherwood (Chairman).

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

Councillors Briggs, Clark, L.Foster, T.Foster, Marper, Poole, Reed, C Sherwood, Waltham and Wells attended the meeting in accordance with Procedure Rule 1.37 (b).

The committee met at the Civic Centre, Scunthorpe

1706   DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS, SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) AND WHIPPING ARRANGEMENTS (IF ANY)

The following member declared personal interests:

Member Minute Applications Nature of Interest
Councillor Allcock 1708 (i)

1710(ii)

1710(iii)

PA/2015/0906

PA/2015/1121

PA/2015/1139

Member of the Isle of Axholme and North Nottinghamshire Water Management Board.

The following member declared that he had been lobbied:

Member (s) Application (s)          Minute
Councillor N Sherwood  PA/2015/1207          1710 (vi)

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

Member

 Councillor Waltham

Councillor C Sherwood

Minute

1708 (i)

1710 (viii)

Applications

PA/2015/0906

PA/2015/1384 

Nature of Interest

North Lincolnshire Homes Board member. Knows the applicant.

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

Member 

Councillor Briggs

 

Minute 

  

 

 

 

  Applications 

General

Nature of Interest 

Member of the Humberside Fire Authority.

Member of the Isle of Axholme and North Nottinghamshire Water Management Board.

Councillor Waltham 1710 (iii) PA/2015/1139 Knows the applicant

The following members, attending the meeting in accordance with Procedure Rule 1.37(b) declared that they had been lobbied:

Member (s) Applications Minute
Councillor Clark
Councillor Marper
Councillor Poole
Councillor Wells
   PA/2015/1116    PA/2015/1334

 

PA/2015/1390
PA/2015/0901

PA/2015/1116

1710(i) 1710 (vii)

1709 (iii)
1709 (i)

1710 (i)

 

1707   MINUTESResolved – That the minutes of the proceedings of the meeting held on 16 December 2015, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

(Councillor Waltham, having declared a personal and prejudicial interest left the meeting prior to consideration of the following item – Minute 1708 (i) refers).

1708   (27) APPLICATIONS DEFERRED FROM PREVIOUS MEETING – In accordance with the decisions at previous meetings, members had undertaken site visits on the morning of the meeting. The Head of Development Management submitted reports and updated them orally.

(i)          2015/0906 North Lincolnshire Homes for planning permission for affordable housing development consisting of 12 houses and 4 bungalows at Ashtree Close, Belton.

Councillor Allcock requested that the committee defers this application for further information to be provided with regard to the council’s affordable housing policy.

Resolved – That the application be deferred to consider whether the proposal complies with the council’s affordable housing policy, with regard to the need for accommodation for the elderly.

(ii)         2015/1189 Mr J Bush for planning permission to retain change of use of part of existing driveway for the storage of vehicles in connection with an internet car sales business at Springfield Lodge, Wrawby Road, Wrawby.

Councillor C Sherwood thanked the committee for carrying out a site visit and taking into considerations his concerns raised at the previous meeting. He informed the committee that this applicant already had a car business in Brigg, and to establish another on this dangerous stretch of the A18 would be inappropriate.

Councillor Waltham agreed with Councillor C Sherwood’s comments and highlighted that this would be a commercial business in a residential setting, and that there were alternative better sites available in the area.

Councillor Allcock stated that after attending the site visit he also had concerns with it being situated on the very busy A18, and felt it was an inappropriate development in a residential area.

Councillor Collinson agreed that it was busy on the A18, but felt that the visibility was relatively good and sought further clarification at the meeting from the Highways officer.

Resolved – That planning permission be refused for the following reasons:

  1. The proposal represents non-essential and inappropriate development in the countryside which could be accommodated within existing settlement boundaries. The proposal is thus contrary to saved policy RD2 of the North Lincolnshire Local Plan 2003 and policy CS3 of the Core Strategy 2011.
  2. The proposal is likely to lead to additional parking and turning movements at the access point and have a detrimental impact on highway safety.

1709   (28)    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.

(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.

The agent for the application informed the committee that the hangers were currently in a state of disrepair and they intended to bring them back into use and improve the visual impact of the area. She went on to clarify a few of the areas of concerns raised by the Kirton Town Council, and indicated that there had been no objections raised from statutory consultees.

Councillor Poole addressed the committee and voiced his concerns with regard to the access from the site leading onto the A15 which he stated was a dangerous road, and to have even more vehicles using it to and from this site would have a big impact on increase traffic in the area, leading to an increase in noise.

Councillor T Foster as local ward member requested that the committee consider having a site visit before they make a decision on the planning application.

Resolved – That a decision on this application be deferred to allow the committee to have a site visit with full access to the site and hangers.

(ii)         2015/1184 Geo Houlton & Sons Limited for planning permission to erect a waste transfer station building with ancillary office, weighbridge, sprinkler tank, pump house and diesel tank, and relocate North Lincolnshire Council’s transport services with ancillary mess facilities building, officer building and covered parking bays, together with re-surfacing of hard-standing and re-configuration of the main vehicular entrance at Plot 21, Midland Road, Scunthorpe.

The agent for the application informed the committee that Midland Road was the most appropriate site for this application as it had previously been used for waste. He stated that waste was currently sent to local landfill sites but a collection point was now required, and also that any complaints highlighted in the report would be addressed through the permit and operational management plan for the site.

Councillor Collinson felt that all issues and concerns had now been addressed and it was about time things progressed.

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

(iii)        2015/1390 Keigar Homes Ltd for demolition of a house and outline planning permission for the erection of dwellings (with all matters reserved), the construction of roads and sewers, and the formation of public open space and ancillary landscaping, land rear of North Street and Cemetery Road, Winterton.

The Head of Development Management informed the committee that the applicant had requested that the application be deferred to allow them to do more work on the application with regard to the archaeology and ecology.

Resolved – That the application be deferred for additional information regarding archaeology and ecology.

1710   (29) 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)          2015/1116 Field Farm Feeds for planning permission for partial site change of use from horse-riding facility to animal feed and local produce retail with erection of replacement structure for purposes ancillary to use and retention of static caravan for office and amenity facilities for staff at Field Farm Feeds, Thornton Road, Goxhill.

The applicant informed the committee that he had received overwhelming support for his application, and indicated that there were no objections from the highways department. He stated that other applications of a similar nature had previously been approved and it would be difficult to retail these products in the centre of a village.

Councillor Wells supported the applicant as ward member, and stated that this was a valuable rural service in a rural setting that could not be provided in a village shop. It supplies large bags of feed and this site allowed customers to easily load their vehicles up.

Councillor Clark endorsed Councillor Wells’s comments and felt that the application should be granted.

Councillor Collinson requested an update from the Highways Officer and the conditions appropriate to this application.

The Head of Development Management informed the committee that if this application was to be granted then extra conditions would need to be attached to the permission.

Resolved – That planning permission be granted subject to the following:

  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.
  2. No development shall take place until details have been submitted to and approved in writing by the local planning authority of the make, type and colour of all external facing materials for the development and only the approved materials shall be used.

Reason To ensure that the building is in keeping with its surroundings in the interests of visual amenity, in accordance with policy DS1 of the North Lincolnshire Local Plan.

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

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

  1. The building hereby approved shall not be used otherwise than for the display and sale of animal feed and locally produced food products and for no other purpose including any other purpose in Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 2005 or any provision equivalent to that class in any statutory instrument revoking and re-enacting that order with or without modification).

Reason The site lies in the open countryside and is unsuitable for general retail use.

  1. The caravan hereby approved shall only be used for office and amenity facilities ancillary to the business use hereby approved.

Reason To comply with the terms of the application and as the site is in the open countryside.

  1. The sales element shall only be open to the public between the hours of 9am to 5.30pm Monday to Saturday and 9am to 2pm on Sundays and public/bank holidays.

Reason To limit disturbance to the occupiers of nearby property.

  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 provisions of the Planning Act 1990 or any amending legislation.

(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 levels at 56 Eastoft Road, Crowle.

Councillor Briggs as local ward member asked the committee to consider having a visit to the site before making a decision on this application.

Resolved – That a decision on this application be deferred to allow the committee to have a site visit.

(iii)        2015/1139 Mr D Sowerby for planning permission to erect five dwellings with associated hard and soft landscaping at 32 Low Street, Haxey.

The agent for the application highlighted to the committee that a previous application on this site went to appeal and the inspector concluded that the principle of development was acceptable, along with the impact on neighbouring living conditions and drainage. He also informed them that the current scheme had also subsequently been amended to reduce the number of dwellings, with a revised layout, and moved the development away from Haxey Lane, with proposed junction improvement measures.

An objector spoke on behalf of a number of Haxey residents raising a number of concerns including: drainage problems, surplus water, the fact that a previous application on the site had been refused and this application was no different to that one. He felt it would be detrimental to highway safety, and the development was outside the Haxey building line.  He also stated that the Parish Council had also raised objections about the site being outside the settlement boundary.

Councillor Glover referred to the officer’s report and after taking on-board the comments of the Inspector, he felt that the development was acceptable in principle.

Resolved – That planning permission be granted subject to the completion of a Section 106 agreement, and in accordance with the recommendations within the report.

(iv)        2015/1158 L Kirkby (Farms) Ltd for planning permission to erect a replacement dwelling at Burnham Beeches Cottage, Burnham, Thornton Curtis.

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

(v)         2015/1202 Lincolnshire Co-Op for planning permission to erect a convenience food store with car parking and access road at Mellers Coaches Ltd, Howe Lane, Goxhill.

The Head of Development Management informed the committee that he had now received comments back from Goxhill Parish Council, and if granted a number of extra conditions would need to be applied to the permission including provision for storage and refuge, no fixed plant or machinery installed until details have been submitted, opening hours to be limited.

The agent for the application stated that the provision of a retail and community facility in Goxhill would be beneficial as existing shopping facilities were limited, and it would prevent residents having to travel.

Councillor Allcock felt that the committee should be encouraging this type of development, and permission should be granted with the addition of the extra conditions.

Resolved – That planning permission be granted in accordance with the recommendations in the report, and the addition of the following conditions:

  1. The proposed new store shall not be brought into use until a detailed delivery and servicing plan (DSP) has been submitted to and approved in writing by the local planning authority. The development shall in all respects be implemented in accordance with the details approved pursuant to this condition unless the local planning authority gives written consent to any such variation.

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

  1. Prior to the occupation of the development, full details of provision for refuse storage and recycling bins, and refuse collection arrangements, shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the local planning authority pursuant to this condition.

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

  1. No fixed plant or machinery shall be installed until the details have been submitted to and approved in writing by the local planning authority. The submitted details shall include the location, layout and specification of the plant or machinery, including noise data. The noise data must include details of noise levels emitted by the proposed plant or machinery, including frequency spectrum information, noise attenuation measures if appropriate and the resulting predicted noise levels at the closest residential properties. All plant and machinery shall be installed and maintained in accordance with the approved details. Any approved noise attenuation measures shall be installed before commencement of use and shall be retained thereafter.

Reason To minimise the potential for noise nuisance, and to prevent loss of amenity to nearby residential properties in accordance with policy DS1 of the North Lincolnshire Local Plan.

  1. Opening hours for the site shall be limited to 7am to 11pm Monday to Sunday.

All deliveries to and collections from the proposed development shall be limited to 7am to 11pm Monday to Sunday.

All waste collections from the proposed development shall be restricted to 7am to 11pm.

All construction activities for the proposed development shall be restricted to Monday to Friday 7am to 7pm and Saturday 7am to 1pm, with no construction activities taking place on Sundays or public/bank holidays.

Reason To protect the amenity of nearby residential properties in accordance with policy DS1 of the North Lincolnshire Local Plan.

  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 A Phase 1 desk study shall be carried out to identify and evaluate all potential sources of contamination and the impacts on land and/or controlled waters, relevant to the site. The desk study shall establish a ‘conceptual model’ of the site and identify all plausible pollutant linkages. Furthermore, the assessment shall set objectives for intrusive site investigation works/quantitative risk assessment (or state if none required). Two full copies of the desk study and a non-technical summary shall be submitted to the local planning authority for approval prior to proceeding to further site investigation.

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 neighboring 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, neighbors and other off-site receptors in accordance with policy DS7 of the North Lincolnshire Local Plan.

(vi)        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 Closes Road, Scunthorpe.

The Head of Development Management informed the committee that he had received 9 further e-mails raising objections to the application. He read out some of the concerns that had been raised in the e-mails.

Councillor Allcock stated that in light of the additional e-mails and comments that had been received, he felt it would beneficial for the committee to have a site visit before making any decisions.

Resolved – That a decision on this application be deferred to allow the committee to have a site visit.

(At this stage of the meeting Councillor Waltham returned to the meeting, and Councillor Kataria left the meeting).

(vii)      2015/1334 Mrs I Blackburn for planning permission to remove shop front and replace with walling and matching sash window at Hazeldene, High Street, Barrow-upon-Humber.

The applicant addressed the committee requesting permission to remove the shop front and replace it with a window.  He indicated that other schemes of a similar nature had previously been approved in Barrow, and he had also received significant support from the community.

Councillor Clark highlighted that this was not to remove a historic stain glass window, but merely a boarded up shop front.  He felt this application would enhance the appearance of the street and that the application should be approved.

Councillor Allcock said he was in agreement with Councillor Clark to allow permission for the window with conditions to be agreed on the materials to be used, joinery, and to provide photographic evidence.

Resolved – 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 materials and finishes of the new areas of brickwork shall match the remainder of the building in colour, texture and bond.

Reason In order to retain the character of the building in accordance with policy HE5 of the North Lincolnshire Local Plan.

  1. The new window shall be of timber construction and shall match the existing windows in the front elevations.

Reason In order to retain the character of the building in accordance with policy HE5 of the North Lincolnshire Local Plan.

  1. Before the shop front is removed, a detailed photographic record of it in situ shall be provided to the local planning authority.

Reason To record the historic and architectural interest of the shop front for posterity.

(Councillor C Sherwood, having declared a personal and prejudicial interest left the meeting for consideration of the following item – Minute 1710 (viii) refers).

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

The agent and Director for the scheme informed the committee that this site had been vacant for seven years and should be high on the list for re-development. He also highlighted the fact that Brigg Town Council welcomed the application and the layout was in accordance with national/local policy guidance.

(At this stage of proceedings Councillor Kataria returned to the meeting).

Councillor Waltham stated that he had some issues with regard to this application, and asked the committee if they would hold a site visit before they made a decision.

Councillor Allcock agreed that a site visit would be useful for the planning committee members.

Resolved – That the item be deferred to allow for a site visit to take place.

1711   (30)    RESTRICTED BYWAY 76, HAXEY (AKA CARR LANE, LOW BURNHAM) – The Director of Places submitted a report seeking the committee’s stance in referring two definitive map modification orders to the Secretary of State for the Environment, Food and Rural Affairs. The report detailed a number of options available to the committee, taking into consideration a number of objections that had been received.

Resolved – (a) That both orders be sent to the Secretary of State for the Environment, Food and Rural Affairs for confirmation; furthermore, that the Secretary of State be requested to modify the orders thus; (1) the order-to-upgrade/terminate on the western flank of the disused railway, not where Public Footpath 76 heads south; and (2) the first 75 metres of the order-to-add from the A161 be the physical one (between four and 4.5 metres), not thirty feet, and (b) that the council cooperates fully with the Secretary of State’s chosen means of arbitration.

 

Reports