northlincs.gov.uk

Planning Committee – 3 June 2015

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 29 April 2015as 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. Residential Development in Goxhill – Moratorium Update.
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: – Cllr N Sherwood (in the Chair)

Councillors Allcock, Bainbridge, Carlile, Collinson, England, Glover, Kataria, Longcake, and Ogg.

Councillors Briggs and L Foster attended the meeting in accordance with Procedure Rule 1.37 (b).

The Committee met at the Civic Centre, Scunthorpe.

1662   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 a personal interest as follows: –

Member (s)	Minute	Application(s) /Item	Nature of Interest
Cllr Collinson	1666 (v)	2015/0358	Member of Bottesford Town   Council
Cllr England	1666 (i)	2014/1148	Knows members of the Elwes  family
Cllr Ogg	1666 (i)	2014/1148	Knows members of the Elwes family

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

 

Member (s)	Minute (s)	Application/Item (s)
Cllr Carlile	1666 (iii)	2015/0247

1663   MINUTES – The Director of Policy and Resources requested a number of minor changes to the draft minutes, dated 29 April 2015.

Resolved – That the minutes of the proceedings of the meeting held on 29 April 2015, having been printed and circulated amongst the members, subject to the identified amendments, be taken as read and correctly recorded and be signed by the chairman.

1664   (1)      APPLICATIONS DEFERRED FROM PREVIOUS MEETING – In accordance with decisions taken at a previous meeting, members had undertaken site visits prior to the meeting. The Head of Development Management submitted a report.

(i)  2015/0053 by Mr M Smith for planning permission to erect four two-storey flats at land at Llamedos, Bridge Street, Brigg.

The agent spoke on the application, stating that the proposal was for four modest, self-contained apartments.  These were much-needed in the area, and would be sited close to all amenities, including public transport links and in an area with similar properties.  The site was currently empty, and the proposal would assist in improving the area.  Objections on overlooking had been dismissed by officers, and the risk of local flooding was able to be addressed.  Highways had made no objections and the access road had been recently improved.  There were no alternative parcels of land within Brigg.

Cllr Allcock stated that the proposal passed the flooding test, and that the houses were attractive and much-needed.  Cllr Collinson noted that, as there were four units proposed, this fell under the threshold for providing affordable housing.

The Head of Development Management suggested a range of possible conditions if the committee was minded to grant permission.

Resolved – That planning permission be granted subject to 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.

2. The development hereby permitted shall be carried out in accordance with the following approved plans: 342010-01, 342010-02A, 342010-03, Flood Compensation Plan and Site Layout Plan.

Reason
For the avoidance of doubt and in the interests of proper planning.

3. The development permitted by this planning permission shall be carried out in accordance with the amended flood risk assessment (prepared by EWE Associates Ltd, Rev E March 2015) and submitted drawing 092014-02 Issue A. In particular:

–  the finished floor levels shall be set no lower than 3.28 metres AOD;

–  the proposed compensation, achieved through elevation grading to 2.45 metres AOD over 77 square metres, as detailed within the above drawing, shall be implemented.

The mitigation measures shall be fully implemented prior to occupation and subsequently remain in place. Reason To reduce the potential impact of flooding in accordance with policy DS16 of the North Lincolnshire Local Plan.

4. 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.

5. No unit shall be occupied until the vehicle parking facilities serving it have been provided in accordance with the submitted details and once provided these facilities shall thereafter be retained.

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

6. Demolition and construction operations shall be limited to the following hours:

8am to 6pm Monday to Friday

8am to 1pm on Saturdays.

No demolition or construction 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
To help preserve the living conditions of neighbouring property in accordance with policy DS5 of the North Lincolnshire Local Plan.

7. External materials shall be as indicated on the approved plans. 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.

Informative
In determining this application, the council, as local planning authority, has 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 improves the economic, social and environmental conditions of the area.

(ii) 2015/0112 by Mr J Knox for planning permission to erect two new dwellings at Wolds View, Station Road, Scawby.

The applicant addressed the committee, stating that the development boundary which borders the site was arbitrarily set, and falls midway along a row of existing properties.  In addition, the report’s assertion that the site was a significant distance from everyday facilities within Scawby was incorrect, as there were transport links, a school and village hall all within easy walking distance.  There were a number of backland developments in the immediate area, with close neighbours having a large garage and a granny annex which also could not be seen from the main road.  The design of the proposed development would be sympathetic to the existing buildings.

Cllr Allcock stated that, while he acknowledged that the development boundary seemed arbitrary, he couldn’t support such a backland development.

Resolved – That planning permission be refused in accordance with the report’s recommendations.

1665   (2) MAJOR PLANNING APPLICATIONS – The Head of Development Management submitted a report containing details of a major application for determination by the Committee, including a summary of policy context, representations arising from consultation and publicity and assessment of the applications.

(i)          2014/1311 by Church Crown Limited for outline planning permission for the erection of 18 residential units (access and layout included) at land to the east of Church Lane, Ulceby.

The agent for the applicant explained that the comprehensive report covered each of the pertinent issues and that they would be brief.  At the pre-application stage, council officers stated that the development would be considered sustainable.  The appeal only identified concerns around heritage and archaeology, and any other objection, including on surface water, could be easily dealt with by the use of relevant conditions.  All archaeological needs had now been met and highways officers had not objected to the proposal.  The existing large tree in the area would continue to be protected, and the development would include two affordable units.  Any reference to a covenant should be disregarded by the committee as it would not be a legitimate planning consideration.

An objector stated that local residents were not against development per se, but that it would have to be in keeping with the local area.  Whilst it could not be a central element of a decision, some weight would still need to be attached to the local covenant, which required a maximum of 7 houses.  There were concerns around a loss of privacy, and the resultant traffic arising from a significant housing development would lead to additional noise, congestion and parking concerns, particularly as the objector was a shift worker.  Members had had the opportunity to see the existing footpath, which the access road would cut across.  This would lead to safety concerns, as it was situated very close to the nearby school.  The site was also considerably higher than nearby properties, which would lead to surface water running into neighbouring houses, including bungalows housing elderly residents.  No measures were identified in the report to deal with this.  Finally, the existing oak tree was actually much larger than suggested within the plans, which would overlap the plans for housing.

A second objector stated that there were several key issues.  As stated, the inspector didn’t look at issues such as the size of the proposal.  Therefore this could still be an issue.  Secondly, the council’s policies identify Ulceby as a small expansion site, where minimal levels of new housing should be allowed.  Clearly, eighteen properties would be in excess of this.  There were also concerns about the accuracy of the plan within the report.  Church Lane includes a bend, which was not reflected in the plan.  This could lead to concerns about potential road traffic accidents.  The village had a history of flood risk, with the nearby crossroads being flooded on several occasions.  This led to major damage, and was very close to existing housing.  As such, villagers were concerned that the local drainage system wouldn’t cope with additional demand.  Finally, there were concerns about residential amenity, with some proposed houses very close to existing properties.

Cllr Allcock expressed his concern that the proposed site was significantly higher than surrounding properties, stating that he had significant reservations about drainage and flooding risk.  These views were also shared by the drainage team.  The lack of a comprehensive strategy to manage this risk was therefore a concern, and there was also a risk that the council would have to put in place measures to deal with flood risk in the future, at a cost to the taxpayer.  Cllr Allcock stated that he would wish to see a full scheme for both surface water and sewerage to prevent future problems.

Resolved – That the item be deferred until such a scheme be completed and submitted to the planning authority.

Reason
Deferred for details of how surface water and foul drainage from the site are to be managed.

1666   (3)  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)          2014/1148 by the Trustees of the Elwes Children’s 1989 Settlement for outline planning permission for a dwelling (layout and scale to be considered) at the plot between 53-55 North Street, Roxby.

The agent for the application reminded the committee that the item had been previously deferred pending consideration of off-road parking arrangements.  The agent gave a brief outline of the work of the Settlement, before highlighting that the officer recommendation was to approve.  As previously described, car parking arrangements were only in outline at the moment, as it was intended to market the proposed property, leaving such final decisions to be agreed with the buyer. At that stage, final permission would be sought.  Two options were provided within the report, both of which exceeded the required space for one vehicle.  There would be no impact on neighbouring properties, and it would be misleading for objectors to state that the property was not in keeping with the area, as that too was a matter for consideration with any future buyer.  There were no concerns about the size, scale or design of the proposal.

An objector stated that the proposals were not practical and residents continued to be concerned that the proposal would lead to on-street parking.  The village was a low density area, and proposals such as this would be more suited to larger settlements.  Residents were also concerned that, if successful, the applicant could apply for similar schemes within the village.

Cllr Glover questioned the scale of the proposed parking arrangements, and the conditions related to parking.  Appropriate advice was given by the Head of Development Management.

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

(ii)          2014/1424 by Mr K Credland, Barton Building Contractors Ltd, for planning permission to erect three town houses following demolition of garage block and joiner’s workshop.

Cllr Allcock suggested a site visit would be beneficial to gain a better knowledge of the proposal.

Resolved – That the application be deferred for a site visit.

(iii)         2015/0247 by Mr M Phillips, Ongo, for planning permission to erect a temporary building for use as a pre-school nursery and youth centre with external play space at land adjacent to Westcliff Community Centre, Newbolt Avenue, Scunthorpe.

The Head of Development Management clarified that the application included a youth centre.  This element has attracted some objections, which had led to the opening hours being amended accordingly.

The applicant highlighted that the officer recommendation was to grant permission, before setting out some background to the scheme and its place in the wider Westcliff action plan.  Ongo had conducted various engagement and drop-in sessions with local residents, and were intent on building further confidence over time.  The proposal would lead to some demolition in order to put permanent facilities in place for local children, young people and adults.  There would be a range of supervised activities provided at the site, and there would be a risk to the provision of youth facilities if momentum was lost.  The committee was asked to support the temporary facilities whilst the permanent buildings were constructed.

Cllr L Foster stated that, whilst nobody was opposed to the development, the placement of the temporary building was incorrect.  The Westcliff Community Centre was very successful, used by a variety of groups.  As such, car parking was very limited.  The temporary structure would have a negative impact on access for all groups, including those with disabilities.  Alternative sites existed in the immediate area, as the nearby Ongo-owned site or Westcliff Library.  Cllr L Foster suggested a site visit might be helpful for the committee to gain a better understanding of the locality and the associated access and traffic problems.

Moved by Cllr England and seconded by Cllr Allcock –

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

Moved by Cllr Carlile and seconded by Cllr Collinson as an amendment –

That the application be deferred for a site visit.

Amendment lost
Motion carried

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

(iv)         2015/0295 by Mr C David, Premier Equine, for planning permission to erect extensions and remodel existing house and stables at Uplands Lodge, East Marsh Road, Goxhill.

The Head of Development Management confirmed that the Environment Agency had offered informative advice with regard to flood risk, reading as follows:

‘See attached letter dated 27 April 2015 from the Environment Agency regarding flood risk and advising that resilient and resistant building techniques should be incorporated to assist in recovery in the event of inundation. The owners of the property should also register with the Environment Agency’s Floodline Warnings Direct Service’.

The applicant stated that the report was recommended for approval, and that the site was hidden from the nearby road and there were no surrounding properties.  There would be no impact on the local area, and the build would use high-quality materials in a traditional ‘courtyard’ design.

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

(v)          2015/0358 by Mr P Drayton for planning permission to erect a detached garage (resubmission of PA/2014/1128) at 385 Messingham Road, Bottesford.

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

1667   (4)  RESIDENTIAL DEVELOPMENT IN GOXHILL – MORATORIUM UPDATE – The Head of Development Management submitted a report updating members on progress by Anglian Water Services Ltd with regard a solution to overcome sewerage and drainage issues in the settlement of Goxhill.  The report update the position with respect to what was described as a ‘moratorium’ on new residential development within the village, but in reality was a precautionary approach to new development.

Resolved – (a) That, in view of the information provided by Anglian Water Services Ltd and reported at paragraph 2.5 of the report, the ‘moratorium’ on housing development at Goxhill be lifted, and (b)  that all housing developments proposals in Goxhill be determined by ‘delegated powers’ to officers where considered appropriate, or by the Planning Committee on their particular merits.