Planning Committee – 26 April 2017

 

Chair:  Councillor N Sherwood

Venue:  The Council Chamber, Civic Centre, Scunthorpe

Time:  2 pm

Email address: planningcommittee@northlincs.gov.uk

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 5 April 2017 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. 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 R Allcock (Chair)

Councillors Bainbridge, J.Davison, Glover, Grant, Hannigan, Longcake, Oldfield, O’Sullivan and C Sherwood.

Councillor(s) Briggs and Waltham attended the meeting in accordance with Procedure Rule 37(b).

The committee met at Civic Centre, Scunthorpe.

1808   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 a personal interest:-

Member(s) Minute Application(s) Nature of Interest
Cllr Allcock   General Member of the Isle of Axholme & North Nottinghamshire Water level Management Board
Cllr Briggs

 

  General

 

Member of Humberside Fire Authority and Member of the Isle of Axholme & North Nottinghamshire Water Board.
Cllr Oldfield

 

  General

 

Member of the Scunthorpe & Gainsborough Water Level Management Board.
Cllr O’Sullivan   PA/2016/1703

 

Member of the Royal Society for the Protection of Birds.

The following members declared that they had been lobbied:-

Member(s) Application(s) Minute
Cllr Allcock PA/2017/63 1811(ii)
Cllr Bainbridge PA/2017/63 1811(ii)
Cllr Grant PA/2017/63 1811(ii)
Cllr Glover PA/2017/63 1811(ii)
Cllr Hannigan PA/2017/63 1811(ii)
Cllr Longcake PA/2017/63 1811(ii)
Cllr O’Sullivan PA/2017/63 1811(ii)
Cllr C Sherwood PA/2017/63 and PA/2016/1703 1811(ii)

1811(i)

 

1809   MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 5 April 2017, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the Chairman.

1810   (38)  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)          PA/2016/966 by Mark Hutton, Trent View Medical Practice for outline planning permission for residential development (all matters reserved for subsequent approval) at land adjacent to 45 Trent View, Keadby, DN17 3DR.

The applicant addressed the committee and informed it that the piece of land in question was laid dormant and was frequently used for fly tipping rubbish.  He said the proposal would accommodate some of the housing needs in the area especially for young families, and felt that all areas of concerns had been addresses through the consultation period. Parking would not be a problem as it had been fully addressed with evidence and a large extension was proposed to the car park facility.

Cllr Briggs raised concerns as the local ward member, particularly with regard to the lack of parking and the narrow access to the site.  He said people already park on the grass verges and kerbs on Trent View and this would only add to the problems.

Cllr C Sherwood stated that following the site visit the area was very busy with cars visiting the surgery, and the access and egress was on a narrow part of the road. He said if the proposal was passed at outline stage then it would appear the committee was in favour of 11 dwellings being built on the site which would not be acceptable.

Cllr Bainbridge agreed it was not a perfect site, and whilst she could support some housing there it was not appropriate for 11 additional dwellings.

It was moved by Cllr C Sherwood and seconded by Cllr Longcake:-

That planning permission be refused for the following reason:-

Insufficient information has been provided to establish that the access and egress arrangements to the site are safe and would not conflict with residents’ vehicles, the public footpath adjacent to the site or have an adverse impact on the surrounding highway network. The proposal is therefore contrary to policies T2 and DS1 of the North Lincolnshire Local Plan.

Motion Carried.

(ii)         PA/2017/127 by Ms T Roberts for planning permission to erect a two-storey side extension and a single-storey rear extension at 35 School Lane, Appleby, DN15 0AL.

The Head of Development Management informed the committee that the list of plans in condition 2 should have read as follows:-

TR/17/01, TR/17/02 Revised 01/03/17, TR/17/02A Revised 05/04/17, TR/17/03 and TR/17/04 Rev. B 10/04/17,

An objector spoke against the application raising concerns against the design, size and scale of the proposal.  In doing so she indicated that their privacy would be lost next door on their patio area, and it would have been more appropriate for the extension to be at the rear of the property rather than on the side.  She also felt it was out of character for the village, and not in keeping with the village design statement.

The agent stated that following the last meeting where concerns were raised from the neighbouring property, the applicant had since revised their plans to put an en-suite bathroom with an obscure glazing window to the side that would be next to the neighbouring property, and therefore would not have any windows overlooking their patio area.  He said the separation distance between the properties had been considered as sufficient.

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

1811   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)          PA/2016/1703 by Mr and Mrs Stuart Mason for outline planning permission to demolish two outbuildings and to erect two pairs of semi-detached and garages with all matters reserved for subsequent approval together with new vehicular access to 12 Queens Road, Barnetby le Wold at land south of and 12 Queens Road, Barnetby le Wold, DN38 6JH.

An objector spoke against the application and broke his objections down into three different areas.  These included the new access and the very dangerous bend it would be situated on.  The fact that he felt it was overdevelopment on a piece of land suitable for two dwellings and not four, and thirdly that it was contrary to planning policy.

Cllr Waltham having called in the application stated that the Parish Council was against the application in its current state as there were highways issues associated with it, and urged the committee to hold a site visit before making a decision.

Cllr C Sherwood stated that he agreed with the points the objector had raised as he knew the site and road very well, and the access would be situated on a very dangerous bend.

Resolved – That consideration of the application be deferred to a future meeting and that members visit the site prior to the meeting. (ii)         PA/2017/63 by J Riley, J & S Metals Ltd for planning permission for demolition of redundant garden centre and erection of three detached houses and on detached garage with ancillary infrastructure works at Belton Garden Centre, Sandtoft Road, Westgate, Belton, DN9 1PN. The agent spoke on behalf of the applicants and informed the committee that the land in question was currently a derelict site and an eyesore to the area.  He also indicated that an application come before the planning committee last year, for the same piece of land to house 13 mobile homes and was recommended for approval.  He queried why that was up for approval when three dwellings were recommended for refusal. Cllr Waltham spoke on behalf of Baroness Redfern and outlined that they had received representations in favour of development on the land from residents and local ward members.  He said they felt that the area would benefit from the development and would be in keeping with the area. Cllr C Sherwood indicated that whilst adhering to policy on some occasions common sense prevailed.  He stated it was far from being a remote location and would be a benefit to the local community. Moved by Cllr C Sherwood and seconded by Cllr Glover-

 

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.

  1. The development hereby permitted shall be carried out in accordance with the following approved plans: Ref 801 3 Plots Dwg no. 5 of 5 dated 15/1/17, Ref 801 3 Plots Dwg no. 4 of 5 dated 15/1/17, Ref 801 3 Plts Sheet 1 of 5 dated 15/1/17, Ref 801 3 Plts Sheet 2 of 5 dated 15/1/17 and Ref 3 Plts Sheet 3 of 5 dated 15/1/17.

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

  1. The development hereby permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) compiled by Howard J Wroot Chartered Surveyor dated 16 January 2017 and the following mitigation measures detailed within the FRA:

–         finished floor levels to be set no lower than 4.4 metres above Ordnance Datum (AOD) as stipulated within section 6

–         appropriate flood resilient design up to 1200 millimetres above existing ground levels to be incorporated into the design of the development as indicated within section 6.

The mitigation measures shall be fully implemented prior to occupation of the dwellings and subsequently remain in place.

Reason      To reduce the risk of flooding to the proposed development and future occupants.

  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. 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. No dwelling on the site shall be occupied until the vehicular access to it and the vehicle parking and turning space serving it have been completed and, once provided, the vehicle parking and manoeuvring space 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 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. Prior to first occupation of the dwellings, bin collection facilities shall be provided adjacent to the public highway in accordance with details that shall have been previously approved in writing by the local planning authority and shall be retained thereafter.

Reason          To ensure that an appropriate scheme for waste collection is provided 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  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, 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. All demolition work shall be carried out in accordance with the Demolition Method Statement dated 16 January 2017 by Howard J Wroot Chartered Surveyor unless otherwise agreed in writing by the local planning authority.

Reason          For the protection of residential amenity in accordance with saved policy DS1 of the North Lincolnshire Local Plan (2003).

  1. Demolition and site clearance operations shall be limited to the following hours:

– 7am to 7pm Monday to Friday.

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

HGV movements shall not permitted outside these hours during the demolition and site clearance process 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 in accordance with saved policy DS1 of the North Lincolnshire Local Plan (2003).

  1. Unless otherwise agreed in writing by the local planning authority, only the facing materials detailed in Section 5 of the Design, Access & Planning Statement dated 16 January 2017 compiled by Howard J Wroot Chartered Surveyer 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. No development shall take place until details of the positions, design, materials and type of all boundary treatments to be built/planted have been agreed in writing by the local planning authority. The agreed boundary treatment shall be built/planted before the dwellings are occupied, and once built/planted they shall be retained.

Reason          To provide an appropriate level of screening in accordance with policies H8 and DS1 of the North Lincolnshire Local Plan.

  1. No development shall take place until details of a soakaway system have been submitted to and agreed in writing by the local planning authority and all surface water run-off from the development shall be discharged to the agreed system.

Reason          To prevent pollution of the water environment and to comply with policy DS13 of the North Lincolnshire Local Plan.

  1. No development shall take place until a scheme for the disposal of foul water has been agreed in writing by the local planning authority and none of the dwellings shall be occupied until it is connected to the approved drainage system.

Reason          To ensure satisfactory drainage is provided in accordance with policy DS14 of the North Lincolnshire Local Plan.

  1. Notwithstanding the provisions of Classes A, B, C and E Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order (2015), or any order re-enacting that order with or without modification, no extensions, alterations or outbuildings shall be installed in the building or erected on the site other than those expressly authorised by this permission.

Reason          In order to regulate and control development on the site which lies in the open countryside in accordance with saved policy RD10 of the North Lincolnshire Local Plan (2003).

Informative 1 The development hereby granted planning permission requires works to be carried out within the limits of the adopted (public) highway. Therefore:

–         before ANY construction works take place within the limits of the highway you MUST contact the highway authority on telephone number 01724 297000 to arrange for the relevant permissions/licenses to be issued;

–         before ANY service (utility) connections take place within the limits of the highway you MUST contact the highway authority on telephone number 01724 297319 to arrange for the relevant permissions/licenses to be issued.

Informative 2 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.

Motion Carried.

(iii)        PA/2017/199 by Mr Nigel Shaw for planning permission to erect a rear first-floor balcony at Trent Leigh, 22 High Street, Burringham, DN17 3LY.

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

(iv)        PA/2017/283 by Mr Gordon Blair for planning permission to erect three two-bedroom terrace houses, including associated amenity area, car parking, bin collection point and bike storage at 36 Burnham Road, Epworth, DN9 1BY. Cllr Hannigan felt this was a 2 and half storey development in a two storey area, and was out of character.  He stated it was over intensive development, on a busy road with insufficient parking.

Moved by Cllr Hannigan and seconded by Cllr Longcake-

That planning permission be refused for the following reason:-

The proposed development, by virtue of its scale and massing, would constitute an over-intensive form of development which would be out of keeping with the street scene to the detriment of the character and appearance of the area. The proposal is therefore contrary to policies DS1 and H5 of the North Lincolnshire Local Plan, CS5 of the North Lincolnshire Core Strategy and paragraph 64 of the National Planning Policy Framework.                                                                                           Motion Carried.

 

Reports