Planning Committee – 31 August 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 27 July 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. 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, Collinson, Ellerby, Glover, Grant, Marper, C.Sherwood and Ogg.

Councillor(s)Armiger, Clark, L.Foster, Poole and Waltham attended the meeting in accordance with Procedure Rule 37(b).

The committee met at Civic Centre, Scunthorpe.

1754   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 a personal and prejudicial interest:-

Member Minute Application Nature of Interest
Cllr C. Sherwood 1758(vii) PA/2016/824 Knows the Applicant.

The following members declared a personal interest:-

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

 

1758(v)

1758(vi)

PA/2016/797 and

PA/2016/803

Member of the Isle of Axholme and North Nottinghmashire Water Level Management Board.
Cllr Clark

Cllr Collinson

Cllr Ogg

Cllr C Sherwood

 

Cllr Waltham

1758(v) 1758(vi)

1758(vii)

1758(ii)

 

1758(ii)

PA/2016/909 PA/2015/1586

PA/2016/824

PA/2016/233

 

PA/2016/233 & PA/2016/301

Knows the applicant and agent.

Member of Bottesford Town Council.

Knows the applicant.

Knows the applicant, and a relative lives in the neighbouring property.

Knows the applicants.

The following members declared that they had been lobbied:-

Member(s) Application(s) Minute
Cllr Poole PA/2016/520 1756(i)
Cllr C. Sherwood Cllr Waltham PA/2016/233 PA/2016/233 PA/2016/301 1758(ii) 1758(ii) 1758(iii)

 

1755   MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 27 July 2016 having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the Chairman.

1756   (12)  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/2016/520 byMr 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

The agent speaking in support of the application indicated that this application had previously been approved in 2013 and was a re-submission identical to the previous one.  He stated that it was positioned in the centre of Kirton between two commercial buildings on the High Street and felt it was the most beneficial use of the vacant site.

Councillor Allcock stated that after visiting the site he appreciated how very small the area was, and felt it was over development for the site.  There was no amenity space at all, restricted access to get in and out, and no provision for any parking on a very busy street.

Councillor Bainbridge agreed with Councillor Allcock, and whilst she felt the application did have some merit, the lack of parking in the area was a problem as the town was always full of cars on a very busy street and this would just add to the congestion.

Councillor Grant indicated that if there had been no planning policy changes since this application was last approved then the application should be approved subject to conditions.

Moved by Councillor Allcock and seconded by Councillor Glover –

That planning permission be refused for the following reason:-

  1. The proposal represents an over-intensive and cramped development with unsatisfactory access arrangements and levels of amenity for the occupiers of the proposed residential units. The development is thus contrary to saved policies H5(c), (e), (f), (g) and (i) of the North Lincolnshire Local Plan 2003 and CS5 of the North Lincolnshire Core Strategy 2011.
  2. The lack of any off-street parking provision with the development is likely to lead to further congestion in the area which would be detrimental to local amenity.                                                                                                                                       Motion Carried.

1757   (13)  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)          WA/2015/0019 by Acorn Recyclers for planning permission for change of use of vacant hanger to use for the recycling and processing of paper and plastics, open storage of agricultural equipment and produce at RAF Kirton in Lindsey, B1400 from B1398 to B1205, Kirton in Lindsey, DN21 4HZ The Head of Development Management updated the Committee and informed it that he had received a further letter objection from Grayingham Parish Council in West Lindsey.  They raised concerns with regard to the possible increase in HGV movements, windblown litter from open storage, fire risk, and noise pollution.

An objector who was a qualified noise consultant, and had previously addressed the committee at the last meeting when it was deferred for further information to ensure the noise criteria of 35dB could be achieved.  He raised numerous concerns with the noise report that had since been produced and informed the committee that the noise model would still be way above the council’s acceptable limits and would have an adverse effect on nearby residents.

The agent spoke on behalf on the applicants and in doing so tried to address the concerns that had been raised with regard to noise.  He highlighted that further work had been carried out with noise consultants and the acoustic report complied with the Council’s standards. He also indicated that the applicant had another application in the pipeline for the development of residential dwellings across from this site, so it was in the best interest of the applicant to ensure that the noise would not affect the area and residential properties nearby.

Councillor Poole having called-in the application addressed the committee, and in doing so thanked the applicant for the work that had been carried out throughout the progress of this application, particularly the road improvements offered on the A15. He raised concerns over the noise implications and the levels of uncertainty. He stated that if the levels were to be 21dB  above the Council’s approved levels then this would have a detrimental effect on the residents and also the new proposed development adjacent to the site.

Councillor Allcock having heard all the speakers and the uncertainty surrounding the noise levels said he had concerns with the application, and felt the noise levels that had been provided at the meeting would be unacceptable and detrimental to the local residents.

Councillor Bainbridge felt that the applicant had gone a long way to work with the Council on this application, the Council’s Environmental Health officers were happy with the evidence submitted to conditions and she did not see any harm to the local area.

Moved by Councillor Allcock and seconded by Councillor C Sherwood that:-

The application be refused for the following reasons:-

Insufficient evidence has been provided to establish that the proposed use will not have a detrimental effect on the amenities of the occupiers of existing and proposed dwellings close to the site by reason of noise from the operation. The proposal is thus contrary to saved policies RD2(d), DS1 and DS11 of the North Lincolnshire Local Plan 2003. 

Motion Carried.

1758   (14)  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/2015/1586 by Mr Wayne Granger, SPB Plant & Tool Hire Limited for planning permission for change of use of land from storage of aggregates materials to crushing and processing/washing of aggregates at land north of 35 Hoylake Road, Bottesford, DN17 2AZ

The Head of Development Management suggested additional conditions to limit the height and area of the material waiting to be crushed.

The applicant informed the Committee that this expansion would create another five full time posts at the site, and the concerns raised by neighbouring properties with regard to potential noise and dust had been addressed.  The applicant indicated that a dust management plan had been carried out, and noise levels would be much quieter.

Councillor Armiger as ward member raised various concerns and spoke on behalf of some local residents.  Her main concern being the possible increase in dust and noise, and the possibility of increased HGV movements on what was already a busy road.  She urged the Committee to have a site visit before making a decision on the application.

Moved by Councillor Grant and seconded by Councillor Ellerby:-

That planning permission be granted subject to the recommendations contained within the report.

Moved by Councillor Allcock and seconded by Councillor C.Sherwood as an amendment:-

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

          Amendment Carried
Substantive Motion Carried

(ii)         PA/2016/233 by Mrs Melanie Glentworth for planning permission to carry out alterations and sub-divide an existing dwelling to form two dwellings and erect a new detached dwelling at Treetops, 2 Nicolgate Lane, Brigg, DN20 8UE

Councillor Waltham having called in this application indicated that he believed the Committee would benefit from a site visit before making a decision on this application.  He felt the Committee could not see the impact of the increased amount of development without looking at the site prior to making a decision.

Moved by Councillor Marper and seconded by Councillor Allcock:-

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

(iii)        PA/2016/301 by Ms Jean Chappell for application for removal of condition 4 of planning permission reference 7/400/87 dated 06/08/87 at building plot, The Hatcheries, Marsh Lane, Barnetby le Wold, DN38 6JW

Councillor Waltham urged the Committee to remove this condition from previously granted planning permission. In doing so he said the community would benefit from it through the local school and new housing.  He indicated that the world had moved on and people in the agricultural industry can now commute to and from the work place, therefore there was no longer the requirement to leave the condition attached.

Councillor Allcock agreed with the previous speaker and agreed that the condition should be removed as times had moved on.

Councillor Grant queried why this application was called in as there was no significant public interest, and if times had moved on then planning policies should be changed to reflect them.

Moved by Councillor Allcock and seconded by Councillor Ogg:-

That removal of condition 4 of planning permission reference 7/400/87 dated 06/08/87 be approved.

Motion Carried.

(iv)        PA/2016/796 by Mr & Mrs Lock for planning permission to erect single dwelling with internal garage at land to the rear of Glenroyd, Front Street, Ulceby, DN39 6SY

The agent spoke on behalf of the application and indicated that this was an amended scheme previously approved by the Planning Inspector by appeal in December 2015.  He said the new proposal was for the erection of a single dwelling with an integral garage that would serve the needs of his client much better.  He believed that the concerns raised by neighbouring properties had all been addressed sufficiently in the case officer’s report.

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

(v)  PA/2016/797 by Mr Mark Wall for planning permission to erect a detached dwelling and demolish existing cottage and barn at Tetley Cottage, Tetley, Crowle, DN17 4HY

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

(vi)  PA/2016/803 by Mr & Mrs J L & C A Gerry for planning permission to raise the ridge height to provide additional accommodation, install dormer windows to front and rear slopes and erect a double garage at 176 Westgate Road, Westgate, Belton, DN9 1QB

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

(Councillor C.Sherwood having declared a personal and prejudicial interest left the meeting prior to consideration of the following item – Minute 1758(vii) refers) (vii)  PA/2016/824 by Mr Andrew Major, Thomas Bell & Sons Limited for planning permission to retain five storage containers on a permanent basis at Thomas Bell & Sons Limited, Bigby Road, Brigg, DN20 8RA

The agent for the application informed the Committee that temporary permission was granted in 2012 for the retention of five storage containers on a temporary basis for two years, they were now seeking permission for the containers to be retained on a permanent basis. He stated that the containers were well screened and not highly visible to the public.

Councillor Allcock queried the application and the fact that the permission was for five containers on a permanent basis, yet conditions one and two of the officers recommendation stated that the containers be removed on or before two years from the date of the decision.  He informed the Committee that he was happy with the application providing the landscaping was in order, but would grant with the removal of condition one and two.

Resolved – That permanent planning permission be granted with the removal of conditions one and two.

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

(viii)  PA/2016/870 by Mr & Mrs G Cochrane for planning permission to erect a four bedroomed detached dwelling with detached double garage to rear at 4 Dunstan Hill, Kirton in Lindsey, DN21 4DU

The agent spoke on behalf of the applicants and indicated that this proposed dwelling would be built for the applicant and grandparents to live in with their daughter taking the original property, making it more sustainable for the family and their successful business.  She stated that they had taken into consideration all the objections and concerns raised and had built that into the design seeking Committee’s approval.

Councillor Allcock raised concerns about the number of objections that had been received, and the objection from the Town Council.  In doing so he suggested it might be useful if the Committee visited the site before a decision was made due to the scale of the project.

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

(ix)  PA/2016/891 by Mr Graham Lewis for planning permission to erect a two-storey side extension at 35 The Meadows, Messingham, DN17 3UD

An objector who was a resident affected by the proposed application raised a number of concerns with the application.  Firstly, he was concerned that the planning permission that was before the Committee had changed since he was consulted on it as part of the planning process. He said the proposed rear development had now been removed from the application as it was classed as permitted development. He had concerns about the loss of light from the proposed extension that would be very close to his dining room window. He also raised concerns over the size of the development, the proposed car port not being in keeping with the street scene, and the surface water drainage.

Councillor C Sherwood sought clarification on the change in the application details, and once satisfied indicated that he supported the officer’s recommendation to grant permission, but thought it would be useful to have an informative added to the conditions regarding drainage.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report with the inclusion of the following informative:-

Informative The developer shall ensure, prior to the commencement of the development, that necessary agreements are in place to ensure that the integrity of any sewers that cross the site are adequately protected and maintained.

(x)  PA/2016/909 by Mr & Mrs B A & L J Chapman for planning permission for the erection of a detached dwelling to replace an existing building to be demolished at The Granary, The Grange, Station Road, Thornton Curtis, DN39 6XF

The applicant addressed the committee and informed it that planning permission had previously been granted in 2013 to convert the building to a residential dwelling.  However, whilst the works were being undertaken, and during a period of high winds, the partly uncovered roof structure collapsed and it consequently had to be demolished.  He said the plans had not changed and it would be exactly the same, and would be occupied by family members working closely at the family business.

Councillor Clark as ward member urged the Committee to look favourably on the application as it was a minor technicality that had led the application to have to be resubmitted.  He stated that due to the storm and high winds partially demolishing the building conversion was not possible but, the plans and design remained exactly the same as the previously granted application.

Councillor C Sherwood said that while the Planning Committee had rules and regulations they had to adhere to, they also had a duty to look at things logically and this was one of those times.  Nothing had changed and the building would be exactly the same as previously approved.

Moved by Councillor C Sherwood and seconded by Councillor Ellerby-

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: 1033302 and 1033006.

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

  1. No development shall take place until a full schedule of all external facing materials has been submitted to and approved in writing by the local planning authority to include all bricks, joinery products, roof coverings (which shall be natural clay pantiles), rainwater goods and external finishes, and only the approved materials shall be used.

Reason
In order to replicate the character of the demolished barn.

  1. The Biodiversity Management Plan approved for planning permission number PA/2013/1194 shall be carried out in accordance with the approved details and timings, and the approved features shall be retained thereafter,  unless otherwise approved in writing by the local planning authority. The applicant or their successor in title shall submit photographs of the installed bat roosting and bird nesting features, within two weeks of installation, as evidence of compliance with this condition.

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

  1. If, during development, any odorous, discoloured or otherwise visually contaminated material is found to be present at the site then no further development shall be carried out until a written method statement detailing how this contamination shall be dealt with has been submitted to and approved in writing by the local planning authority.

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. The dwelling shall not be occupied until the vehicular access to it and the vehicle parking space(s) serving it have been completed and, once provided, the parking space(s) shall thereafter be so 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 take place until a scheme for the disposal of foul and surface 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.

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.

(xi)  PA/2016/957 by Mr & Mrs F Withers for planning permission to raise ridge height to facilitate additional living accommodation, erect a two-storey rear extension and erect a replacement detached double garage at 19 Brigg Road, Messingham, DN17 3QP

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

1759   PLANNING ACT 2008(AS AMENDED)- SECTIONS 116 AND 117 AND THE INFRASTRUCTURE PLANNING (ENVIRONMENTAL IMPCAT ASSESSMENT) REGULATIONS 2009 (AS AMENDED) – REGULATION 23 –  The Chairman informed the Committee that notification had been received from the Planning Inspectorate notifying the Council of the publication of the Secretary of State’s decision and statement of reasons and the order granting development consent in relation to an application by National Grid Gas plc for the River Humber gas pipeline replacement project.

Resolved – That the consent be noted.

1760   THE HEAD OF DEVELOPMENT MANAGEMENT – The Chairman on behalf of the Committee informed the meeting that this would be Mr P Wallis’, Head of Development Management, last meeting before retiring from the Council.  He thanked Mr P Wallis, for all his hard work and commitment over the years, and wished him a long and happy retirement.

Reports