Planning Committee – 27 July 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 29 June 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. Application for a lawful development certificate for the proposed use of a dwelling as a residential children’s home (Use Class C3(b)) at 31 Low Street, Haxey.
  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 (Chair)

Councillors Allcock (Vice-Chairman), Bainbridge, Carlile, Collinson, Glover, Grant, Longcake, Mumby-Croft and Ogg.

Councillors Briggs, L.Foster, T.Foster, Marper, Oldfield, Poole and Rose attended the meeting in accordance with Procedure Rule 37(b).

The committee met at Civic Centre, Scunthorpe.

1747   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 and prejudicial interests:-

Member(s) Minute Application(s) Nature of Interest  
Cllr Ogg 1750(iv)

1750(iii)

1750(v)

PA/2015/0396

PA/2015/0627

PA/2015/0628

Knows the land owner.

The following members declared a personal interest:-

Member(s) Minute Application(s) Nature of Interest  
Cllr Allcock

Cllr Briggs

1751(ii) 1752  1751(iv)

 

PA/2016/481 PA/2016/505 PA/2016/611

General

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

Knows the Applicant.

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

Cllr Collinson

 

 

Cllr Glover

 

Cllr Longcake

Cllr Mumby-Croft

Cllr Ogg

Cllr N Sherwood

1750(iv)

1750(iv) 1750(iii) 1750(v) 749(i)

1751(iv)

1751(iv)

1751(iv)

1751(iv)

1751(iv)

PA/2015/0396

PA/2015/0396 PA/2015/0627 PA/2015/0628 PA/2015/1520  PA/2016/611

PA/2016/611  PA/2016/611  PA/2016/611  PA/2016/611

Member of Bottesford Town Council. Member of Scunthorpe and Gainsborough Water Management Board.  Knows Family and Land Owner.  Knows the Applicant.  Knows the Applicant.  Knows the Applicant.  Knows the Land Owner.  Knows the Applicant.

The following members declared that they had been lobbied:-

Member(s) Application(s) Minute  
Cllr Allcock PA/2016/613 and Agenda Item 7 1751(v) 1752
Cllr Bainbridge

Cllr Carlile

Cllr Collinson

Cllr T Foster

Cllr Glover

Cllr Grant

Cllr Longcake

Cllr Marper

Cllr Mumby-Croft

Cllr Ogg

Cllr Poole

Cllr Rose

Cllr N Sherwood

PA/2016/613

PA/2016/613

PA/2016/613

WD/2015/0019

PA/2016/613

PA/2016/613

PA/2016/613

PA/2016/613

PA/2016/613

PA/2016/613

PA/2015/1520 and WD/2015/0019

PA/2016/505

PA/2016/613

1751(v)

1751(v)

1751(v)

1750(ii)

1751(v)

1751(v)

1751(v)

1751(v)

1751(v)

1751(v)

1749(i)

1750(ii)

1752

1751(v)

 

1748   MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 29 June 2016, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the Chairman.

1749   (7) APPLICATION DEFERRED FROM PREVIOUS MEETING – In accordance with the decisions at the previous meeting, members had undertaken a site visit on the morning of the meeting.  The Head of Development Management submitted reports and updated them orally.

(i)          PA/2015/1520 by Gelder Ltd and Mrs Barnard for planning permission to erect 16 three/two bedroom houses/bungalows for affordable housing with associated hard and soft landscaping at land adjacent to Maple Lea, Gainsborough Road, Kirton in Lindsey.

The Head of Development Management updated the committee and informed it that since the report was published two further objections had been received, plus a letter of concern from the local MP Nick Dakin.  The objections were of the same nature to the ones listed in the report with concerns that the development was outside the development line.

Four objectors spoke against the application and in summary their objections covered a number of issues including: the development was outside the local plan boundary and remote from key facilities, there were ample areas designated in the plan for Kirton in Lindsey available for this kind of development, the access had restricted visibility, drainage would be a problem and further test would be required if the application was to be approved. There were fears that the pumping station would be noisy for residents, a loss of wildlife, and altering the land levels and building the ‘small swale’ could affect neighbouring property in terms of land slippage.

Two speakers spoke in support of the application raising the following issues: they felt that there was a need for affordable housing in the area, it would improve infrastructure as proper drainage would be installed reducing localised flooding, the proposed speed limit of 30mph could be introduced to improve road safety, it would encourage young people to live and stay in Kirton in Lindsey that would benefit the community due to increased trade and the school facilities being utilised to the full.

Councillor Poole addressed the committee after calling in this application.  He welcomed the comments made from the objectors and urged the committee to stick to the development lines in the local plan, giving faith and trust to the residents that they will be adhered to during this process.  He said there were other brownfield sites in Kirton in Lindsey for this kind of development, and this proposed site was not convenient for the facilities in the Town Centre.

Councillor T Foster agreed with Councillor Poole as ward member and queried why this application was even being considered when it was outside the development line.  After listening to the objectors, and the fact that there was other areas allocated for development in Kirton in Lindsey he asked the committee to refuse the application.

Councillor Allcock indicated that after listening to the objectors and his colleagues he agreed that this was in the open countryside and outside the development line. Therefore he could not support the officer’s recommendation to grant permission.

Councillor Collinson stated that exception sites had been approved outside the boundary lines previously.

Moved by Councillor Allcock and seconded by Councillor Glover –

That planning permission be refused for the following reason:

  1. The proposal represents an unsatisfactory form of development in open countryside beyond the recently approved development boundary for Kirton in Lindsey as laid out in the Housing and Employment Land Allocations Development Plan Document Adopted March 2016. The proposal is contrary to Policy CS3 of the North Lincolnshire Core Strategy 2011 and Saved Policy RD2 of the North Lincolnshire Local Plan 2003 as it is considered that the affordable housing could reasonably be accommodated within the defined development boundaries of this settlement.

Moved by Councillor Collinson and seconded by Councillor Grant as an amendment –

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

Amendment Lost      Motion Carried

1750   (8)  MAJOR APPLICATIONS – The Head of Development Management submitted a report containing details of major applications for determination by the committee, including summaries of policy context, representations arising from consultation and publicity and assessment of the applications.

(i)          PA/2014/1311 by Church Crown Limited for outline planning permission for the erection of 17 residential units (access and layout included) at land to the east of Church Lane, Ulceby, DN39 6TB

The Head of Development Management updated the committee and informed it that he had received a further condition from Environmental Health with regard to contamination which it was suggested be imposed as a precautionary matter.

An objector to the application stated that all previous planning applications had been rejected due to flooding in the immediate area. He also indicated that Church Lane and the proposed access were very narrow and the access would be located adjacent to an existing school.  Therefore, it would cause major congestion problems twice a day.  He felt that despite promises of improvements to the surface water drainage system and of remodelling work by Anglian Water, no improvements had been forthcoming and regular surface water flooding in the village means that further development in the village would be unacceptable.

A spokesperson in support of the application informed the committee that this had previously been considered by appeal in 2014, and stated that the inspector was happy in principle with the development, access and impact on the residential setting, and the only thing he had concerns about was the requirement for more work to be carried out on the archaeological aspect of the development, which he stated had now been completed and submitted with the application.  The application was submitted again in June 2015 when it was deferred until a suitable surface water drainage scheme was submitted which he indicated had now also been completed and agreed with the Council’s drainage team.

Further discussions and questions were held between members of the committee and the Council’s drainage team.

Resolved – That planning permission be granted subject to completion of a Section 106 agreement and in accordance with the recommendations contained within the report with the amendment to condition 32 as follows –

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 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.

(ii)         WA/2015/0019 by Acorn Recyclers for planning permission for change of use of vacant hangar to use for the recycling and processing of paper and plastics, open storage, and storage of agricultural equipment and produce at RAF Kirton in Lindsey, B1400 from B1398 to B1205, Kirton in Lindsey, DN21 4HZ.

An objector addressed the committee and informed it that he was not opposed in principle to this application; however he had reservations about the noise impact it would have on the area, and asked that a thorough noise assessment be carried out in accordance with the new standard issued in 2014.  He urged the committee to defer making a decision until this could be assessed properly.

The agent for the application informed the committee that all the concerns and objections raised had been addressed along with the issues concerning access from the B1400 down to the A15.  He also stated that an independent noise report had been presented to the Council’s Environment Health department and they had  agreed a report and suggested conditions that were acceptable and would protect existing and proposed residents on the adjacent site.

Councillor Poole had called this application in for discussion at committee due to the significant public interest in the application.  He welcomed the views of the speaker and his expertise on noise, and urged the committee to await a full noise assessment before making a decision on the application.

Councillor T Foster agreed with Councillor Poole and said he would rather have a full noise assessment carried out before a decision was taken and asked the committee to defer the application.

Councillor Allcock sought the views of the Council’s Environmental Health Officer and felt that there was some doubt in terms of the noise and would rather the application be deferred and await a further assessment.

Moved by Councillor Allcock and seconded by Councillor Longcake that-

Consideration of the application be deferred to a future meeting for further information to ensure that the noise criteria of 35dB required by draft condition nine could be achieved.

Moved by Councillor Collinson and seconded by Councillor Grant as an amendment that –

Planning permission be granted subject to the recommendations contained within the report.

Amendment Lost
Motion Carried

(Councillor Ogg having declared personal and prejudicial interests left the meeting prior to consideration of the following items – Minutes 1750(iii), 1750(iv) and 1750(v) refer).

(iii)        PA/2015/0627 by Mr Mark Graves, Maltgrade Limited for planning permission for highway works to deliver the new terminating junction to the M181 motorway (due to the de-trunked section of the highway to the north and south of the terminating junction) and the development of the eastern and western sections of the east west link road connecting to the B1450 Burringham Road at Lincolnshire Lakes, M181 and M180 to A18, Burringham.

Councillor Collinson supported the application and felt it was appropriate to deal with the road infrastructure first.

Councillor Oldfied as ward member welcomed the development as it had been a long time in the process.  He raised concerns about the changes in the road layouts at the Burringham Road end and fear it could cause a new traffic blackspot at Asda.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report, and subject to the completion of a Section 106 agreement that will cover this application and application numbers PA/2015/0396 and PA/2015/0628.

(iv)        PA/2015/0396 by Mr Mark Graves, Maltgrade Limited for outline planning permission for the development of up to 2500 new homes including a village centre (Use Classes A1, A2, A3, A4, A5, B1 and D1), a health care facility (Use Class D1), community facilities (Use Class D1), a 3 form of entry primary school (Use Class D1), new roads and footpaths, informal areas of open space, play spaces and new wildlife habitats, water bodies and wetlands with all matters reserved for subsequent approval at Lincolnshire Lakes, M181 from M180 to A18, Burringham.

Councillor Oldfield welcomed this application and the investment into the area, whilst at the same time he had reservations about the flood risk and the protected flood plain.

Councillor Briggs reiterated that whilst the parish council had no objections to the application, he did have concerns that the flood risk measures only mentioned land to the east of the Trent, he wanted to know why there was no proposed measurers to the west side of the river too.

Councillor Allcock agreed with Councillor Briggs and was also concerned about the effect on the west side as the height was the same on both sides.

Councillor Collinson stated that when looking at the three applications together he was disappointed that there was only a five percent affordable housing target in relation to the size of the development.

Resolved– That outline planning permission be granted in accordance with the recommendations contained within the report, and subject to the 106 agreement.

(v)  PA/2015/0628 by Mr Mark Graves, Maltgrade Limited for hybrid application for full planning permission for new road and footpaths, informal areas of open space, parklands, play areas and new wildlife habitats, attenuation ponds, recreational lakes and wetlands community; and outline planning permission with all matters reserved for non-residential institutions (Use Classes D1 and D2), leisure facilities (Use Classes A1 and A3) and storage (Use Class B8) at Lincolnshire Lakes, M181 from M180 to A18, Burringham.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report, and subject to the section 106 agreement.

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

1751   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/2015/0917 by Shirecare Property Co Ltd for planning permission to erect five dwellings and garages at land west of Almond Grove, Brigg.

A speaker in support of the application who lived adjacent to the site stated that she wanted to see the land developed as it was overgrown and full of rubbish and the development of houses on the site would be a major improvement in the area.

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

(ii)  PA/2016/481 by Mr & Mrs Hinz for planning permission to erect a replacement dwelling (including demolition of existing house) at Orchard House, access road to West Carr Houses, Epworth, DN9 1LF.

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

(ii)         PA/2016/520 by Mr Mark Gaskin for planning permission to erect four flats within two buildings (including demolition of existing building) at land between 14 and 18 High Street, Kirton in Lindsey, DN21 4LX.

On behalf of Councillor Poole who had to leave the meeting, Councillor Marper requested the committee to defer the application for a site visit before a decision was taken.

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

(iv)  PA/2016/611 by Cllr David Wells for planning permission to erect a first floor extension and carry out alterations at Peace Villa, 21 Kings Road, Barnetby le Wold, DN38 6HF.

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

(v)         PA/2016/613 by Mr Gordon Blair for planning permission to change the use of land to provide an extension to an existing residential static home park at land at the rear of Charnwood Park Estate, Ferry Road West, Scunthorpe, DN15 8UF.

Councillor Marper had called in this application following significant public interest.  She raised a number of concerns with regard to the application including, the potential for increased noise and disturbance during and post construction, she felt that the site was poorly managed and the proposed expansion would only exacerbate this, but her main concern was with regard to the possibility of the increase in units increasing the potential for flood risk and place extra pressure on the drainage, sewerage and electrical infrastructure.  She stated that the system in place could not cope with the units already on the site, so it would not cope with an extra ten units.

Councillor Ogg agreed with Councillor Marper’s submission and had concerns for residents living on Ferry Road West.  He felt the application was contrary to policies CS5 and DS14 and therefore felt that the application should be refused.

The Head of Development Management at this stage in the meeting indicated that condition 7 of the officer’s report would adequately cover the concerns with regard to foul and surface water.

Moved by Councillor Ogg and seconded by Councillor Longcake –

That the planning application be refused for the following reason:-

Insufficient evidence had been provided to establish that foul drainage generated from the proposed development could be adequately disposed of.  The proposal as such was contrary to Saved Policy DS14 of the North Lincolnshire Local Plan.

Motion Carried.

1752   APPLICATION FOR LAWFUL DEVELOPMENT CERTIFICATE FOR THE PROPOSED USE OF A DWELLING AS A RESIDENTIAL CHILDREN’S HOME (USE CLASS C3(b)) AT 31 LOW STREET, HAXEY –  The Head of Development Management  submitted a report informing the committee about the details of an application submitted for a Lawful Development Certificate for the use of an existing dwelling house as a small children’s home and to advise members of the outcome of the assessment of the evidence submitted in support of the application.

After considering the supporting information the officer concluded that the applicant had not demonstrated that the proposed use fell within Class C3(b) of the Use Classes Order.  This was because the adult carers worked shift patterns and, although there was some continuity of care, it was not the same carers every day.  The property was the main or sole residence of the children but not the adult carers.  Therefore, it was considered that the adult carers, under the arrangements, did not form part of the household in planning terms; and the use could not be classed as being within Class C3(b).

An objector who lived next door to the proposed residential house had grave concerns about the carers and their rolling shift patterns, and due to the carers coming and going she did not feel that they could possibly be classes as living together as a household, and did not fall into the category of a Class 3 dwelling.

Councillor Rose addressed the committee and highlighted his concerns with the application.  He did not feel that the application met the category for a Class C3(b) dwelling and was not a suitable site as it was on a busy/dangerous road. He stated that the Local Authority had a duty of care and he had concerns with this application and the site.

Resolved – That the applicant has failed to demonstrate to the satisfaction of the local authority that the use proposed falls within Class C3(b), and consequently the lawful development certificate be refused.

1753   NORTH CARR LANE, SAXBY ALL SAINTS – The Chairman introduced a report seeking the committee’s views, as a matter of urgency in order to resolve an issue within the parish of Saxby All Saints that required a decision of the Planning Committee within relevant timescales.

The committee were asked to decide what stance the Council should adopt when referring a ‘Definitive Map Modification (Restricted Byway 30, Saxby All Saints) Order 2015 (1)’ to the Secretary of State for the Environment, Food and Rural Affairs.

The committee was supplied with all the details of the order and informed that they had no option in terms of sending the order to the Secretary of State, however, in doing so the Council could decide whether to support the order, oppose the order or take a neutral stance.

Resolved – That the ‘Definitive Map Modification (Restricted Byway 30, Saxby All Saints) Order 2015 (1)’ be referred to the Secretary of State for the Environment, Food and Rural Affairs and support the order and participate accordingly in the Secretary of State’s chosen means of arbitration.

Reports