Planning Committee – 8 March 2017

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 8 February 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

Planning Committee – 8 March 2017

 

PRESENT:-  Councillor N Sherwood (Chair)

Councillors Allcock (Vice-Chairman), Ali, Armitage, L.Foster, Grant, Longcake, Mumby-Croft, Ogg and Poole.

Councillor(s) Bainbridge, England, T.Foster, Marper, O’Sullivan and Rose attended the meeting in accordance with Procedure Rule 37(b).

The committee met at Civic Centre, Scunthorpe.

1797   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 Poole 1801(ix)

1801(xii)

1801(xviii)

PA/2016/1371

PA/2016/1603

PA/2016/2033

Voted at a previous meeting of Messingham Parish Council.

The following members declared a personal interest:-

Member(s) Minute Application(s) Nature of Interest
Cllr Ali 1800(ii) PA/2016/1688 Application in his ward.
Cllr Allcock

 

 

 

1799(iii) PA/2016/1867

General

Knows the family.

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

Cllr L Foster 1801(ix) PA/2016/1371 Knows the applicant
Cllr T Foster 1801(xii) PA/2016/1603 Knows the applicant

The following members declared that they had been lobbied:-

Member(s) Application(s) Minute
Cllr Allcock PA/2016/1836 1801(xv)
Cllr L Foster PA/2016/1603 1801(xii)
Cllr T Foster PA/2016/1603 1801(xii)
Cllr Marper PA/2016/1855 1801(xvi)
Cllr Mumby-Croft PA/2016/1793 PA/2016/1603 1800(iii) 1801(xii)
Cllr Poole

 

PA/2016/1371 PA/2016/1603 PA/2016/2033 1801(ix) 1801(xii) 1801(xviii)
Cllr Rose PA/2016/1610 PA/2016/1836 1801(xiii) 1801(xv)

 

1798   MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 8 February 2017, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the Chairman.

1799   (32)  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/2016/1677 by Lidl UK GmbH for planning permission for an extension to an existing store car park and erection of a trolley bay, along with relocation and enhancement of a footway, and associated landscaping, including additional lighting at Lidl, Atherton Way, Brigg, DN20 8AR.

The Head of Development Management updated the committee and requested that if the recommendation to grant permission was agreed, then it should be deferred to the Head of Development Management to confirm the future maintenance details for the footpath.

The applicant addressed the committee and outlined a number of reasons for the proposal to go ahead, and the benefits that it would bring to shoppers and the town.  He said they would work in conjunction with the Head of Development Management if the applicant was approved, and would make significant improvements to the footpath.

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

(ii)         PA/2016/1716 by Ongo Homes Ltd for planning permission to erect six one-bedroom flats, arranged in three blocks to include car parking and associated works at land to the rear of Davy Avenue, Scunthorpe.
An objector spoken on behalf of several residents from Henderson Crescent, who raised a number of concerns with regard to the application.  The concerns raised covered areas including the increase in noise, antisocial behaviour, increase in traffic, narrow access road that would cause problems and a loss of privacy.  One of the biggest concerns was the loss of green space and land used as recreational space by children.
Cllr O’Sullivan addressed the committee with similar concerns to the residents and was worried about the very narrow access point and said it was far too tight.  She also raised concerns about the loss of the green space in Crosby.

Cllr Mumby-Croft having listened to the concerns of the residents and the local Ward Member, asked the Highways Officer present to confirm if the access was acceptable for the proposal, and he confirmed that it was.

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

(iii)     PA/2016/1867 by Mr Richard Dent for planning permission to raise the roof height of an existing dwelling for form a three-storey dwelling at Beech House, 18 Queen Street, Epworth, DN9 1HG.

The applicant indicated that they had reduced the footprint and the height of the extension to fit in with the street scene.  He said it was not imposing and would add character to the property.

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

1800   (33)  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/2015/1369 by North Lincolnshire Council for outline planning permission for up to 122 dwellings with all matters reserved at Brumby Resource Centre, East Common Lane, Scunthorpe, DN16 1QQ.

Five objectors addressed the committee raising a number of concerns against the planning application.  The main issues they had with the proposal was not with the development of the site, but a very strong objection to building on the playing field area that had been a green open space enjoyed by local people for over 50 years.  The objectors felt there were more appropriate sites available in Scunthorpe that should be developed before this site.  They felt it would have been better to demolish the buildings and build new housing on the site to provide specialist accommodation for the elderly and disabled, and to re-development of some of the green space. There were also issued raised on the impact of the neighbouring properties, potential for flooding and the safety of pedestrians.

The agent spoke in favour of the application outlining that it was only for outline planning permission at this stage, and that the design had taken a number of resident’s concerns into consideration after much consultation. He also highlighted that Sport England having raised an objection to the applicant had subsequently removed that objection stating that there was an excess of playing fields within the catchment area.

Cllr Bainbridge spoke as Ward Member following significant public concerns from residents within her ward.  She said they had no objection to the development of the brownfield site, and only had objections to the development on the greenfield site.  In addressing the committee she raised concerns about the increase in traffic at a junction that was already over capacity and the impact it would have on the local community.  She also worried about the long-term health and well-being issues within the ward if the open spaced was used for housing.

The Chairman read out a letter from Nic Dakin MP for Scunthorpe who also raised concerns with regard to the loss of the green space, indicating that it was more important in the urban areas than in rural areas.  At a time when national and local government emphasised the need for people to live healthy lives, he said it was short-sighted and a retrograde step if the amenity was taken away from local people.

Cllr Poole indicated that he had listened carefully to all the concerns raised, and highlighted it had been a lengthy process to get to this stage.  He said he had given it in-depth consideration and felt it would only enhance the area.

Cllr L Foster stated that he had concerns with the remit and terms of reference when consulting the community on the development of the site.  He indicated most of the residents were happy with the development of the brownfield site, but had major concerns with the greenfield site.
Resolved– That subject to the completion of a memorandum of understanding planning permission be granted in accordance with the recommendations outlined in the report. (ii)         PA/2016/1688 by Mr Chris Ramsbottom, North Lincolnshire Council for planning permission to erect three-storey office building at 26-30 High Street, Scunthorpe, DN15 6TG.

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

(iii)        PA/2016/1793 by Mr Mark Snowden, Keigar Homes Ltd for planning permission to erect 115 dwellings, construct associated garages, access roads, playground, public open space and pond at Phase 4, Falkland Way, off Canberra View, Barton upon Humber.

The Head of Development Management updated the committee and informed them of a couple of changes to the report.  Page 61 ‘commuted sums should have read £65,024.51’ and page 66 in the recommendation should also have the commuted sum of £65,024.51.

An objector addressed the committee and stated that there were problems with the drainage in the area.  He said that the overflow from the proposed pond to the ditch near Pasture Road South, already reached capacity in heavy rain and was not free flowing, so had concerns over the potential for flooding.

The applicant highlighted that the application was phase four of an existing site allocated for housing.  He mentioned there had been no objections from statutory consultees, and in addressing the flooding concerns indicated that SuDS had been adequately incorporated into the scheme with an attenuation pond, rain gardens and some areas of permeable paving meaning the flood risks had been minimised.

A letter of objection was read out to the committee from the local ward member Cllr Evison who also raised issues around the water run-off flood risk, indicating there was some ambiguity surrounding the SuDS and the exit of the water onto the Pasture Road drain.

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

(iv)     PA/2016/1970 by Mr Mark Snowden, Keigar Homes Ltd for application for a minor material amendment to plot 45 (originally plot 49) of PA/2009/0257 to retain re-positioning of house and detached garage, associated landscaping and change the appearance of the dwelling including windows, doors and chimney at 57 Appleleaf Lane, Barton upon Humber, DN18 5GP.

An objector stated that the developer had flouted the planning process, and the original tree planting and screening could not be complied with and there was a change to the tree type resulting in 50 percent less screening of the development from the road and more overhang on footpaths.

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

(v)      PA/2016/1940 by Mr R Mills, North Lincs Property Ltd for planning permission to retain existing palisade fencing and hard standing and change the use of land for the parking and storage of HGVs and trailers and to form woodland area bund and drain to east of site at GBA Transport Ltd, Sandtoft Industrial Estate Road 1, Belton, DN9 1PN.

The agent spoke on this application and informed the committee that his comments were also in relations to the eight applications following this one for Sandtoft Industrial Estate in Belton.  He indicated it was for nine separate businesses on the site that had moved the boundary fence in order to expand their successful businesses.  He stated that similar applications had been approved on the estate previously, and felt that the economic development and growth of the businesses outweighed the encroachment of the boundary fence.

Resolved – That subject to completion of a unilateral undertaking planning permission be granted in accordance with the recommendations contained within the report.

1801   (34) 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/2016/177 by Mr Richard Marriott, M & D Concrete Ltd for planning permission to retain palisade fencing and hard standing and to change the use of land to land used for general storage associated with M & D Concrete Ltd at M & D Concrete, Sandtoft Industrial Estate Road 1, Belton, DN9 1PN.

Resolved –That subject to completion of a unilateral undertaking, planning permission be granted in accordance with the recommendations contained within the report. (ii)         PA/2016/1613 by Mr Richard Mills, North Lincs Property Ltd for planning permission for change of use of land to retain concrete batching plant as built, hardstanding and palisade fencing and to form a woodland area bund and drain to the east of the site at Eveready Concrete Ltd, Sandtoft Industrial Estate Road 1, Belton, DN9 1PN.

Resolved – That subject to completion of a unilateral undertaking, planning permission be granted in accordance with the recommendations contained within the report. (iii)        PA/2016/1931 by Mr R Mills, North Lincs Property Ltd for planning permission to retain existing hard standing and palisade fencing and change of use of land for the general industrial use associated with the business of Addlesee Timber and Haulage Ltd and to form woodland area bund and drain at Addlessee Timber & Haulage, Sandtoft Industrial Estate Road 1, Belton, DN9 1PN.

Resolved – That subject to completion of a unilateral undertaking, planning permission be granted in accordance with the recommendations contained within the report. (iv)        PA/2016/1933 by Mr R Mills, North Lincs Property Ltd for planning permission to retain palisade fencing and hard standing and change of use of land to land used for the storage of commercial vehicles associated with the business of Archers Commercials Ltd and to form woodland area bund and drain on land to east of site at Archers Commercials Ltd, Sandtoft Industrial Estate Road 1, Belton, DN9 1PN. Resolved – That subject to completion of a unilateral undertaking, planning permission be granted in accordance with the recommendations contained within the report.

(v)         PA/2016/1934 by Mr R Mills, North Lincs Property Ltd for planning permission for the retention of existing palisade fencing and hard standing with change of use of land to land used for the storage of HGVs and trailers associated with the business of Bradwell Transport Ltd and to form woodland area bund and drain to east of site at Bradwell Transport, Sandtoft Industrial Estate Road 1, Belton, DN9 1PN. Resolved – That subject to completion of a unilateral undertaking, planning permission be granted in accordance with the recommendations contained within the report.

(vi)        PA/2016/1936 by Mr R Mills, North Lincs Property Ltd for planning permission to retain palisade fencing and hard standing and to change use of land to land used for the storage/parking of commercial vehicles and plant associated with the business of Owen Plant Repairs Ltd and to form woodland area bund and drain to east of site at Owen Plant Repairs, Sandtoft Industrial Estate Road 1, Belton, DN9 1PN. Resolved – That subject to completion of a unilateral undertaking, planning permission be granted in accordance with the recommendations contained within the report.

(vii)      PA/2016/1938 by Mr R Mills, North Lincs Property Ltd for planning permission to retain palisade fencing, hard standing and to change use of land for the parking and storage of vehicles associated with the business of Axholme Car Company and to form woodland area bund and drain to the east of the site at Axholme Car Company, Sandtoft Industrial Estate Road 1, Belton, DN9 1PN.

Resolved – That subject to completion of a unilateral undertaking, planning permission be granted in accordance with the recommendations contained within the report. (viii)     PA/2016/1939 by Mr R Mills, North Lincs Property Ltd for planning permission to retain existing palisade fencing and hard standing and change the use of land for the storage of commercial vehicles and lorry trailers associated with the business of S & G Commercials Ltd and to form a woodland area bund and drain to the east of the site at S & G Commercials Ltd, Sandtoft Industrial Estate Road 1, Belton, DN9 1PN.

Resolved – That subject to completion of a unilateral undertaking, planning permission be granted in accordance with the recommendations contained within the report.

(Councillor Poole having declared a personal and prejudicial interest left the meeting prior to consideration of the following item – Minute 1801(ix) refers)

(ix)        PA/2016/1371 by Mr Peter O’Sullivan for planning permission for a tennis/paddle court with associated Perspex screen to perimeter at The Hall, Northfield Road, Messingham, DN17 3RZ.

An objector spoke on behalf of three residents who back onto the property.  He raised concerns about the paddle court not having nets, but instead built with a Perspex material that would cause a noise every time the ball was hit against it causing a disturbance to neighbours.

Cllr Mumby-Croft having heard the concerns from the objectors suggested that permission be granted on a temporary basis during which time the noise could be monitored.

Resolved – That planning permission be granted in accordance with the recommendations contained within the report, with the addition of the following condition/informative:

This permission is only valid for three years from the date the use of the tennis/paddle court commences.

Reason: To assess the impact upon the residential amenity of neighbouring properties.

Informative The date the use of the tennis/paddle court commences should be notified to the local planning authority in relation to condition X.

(Councillor Poole returned to the meeting)

(x)      PA/2016/1568 by Chris Barrett, Brookside Caravan and Camping Site for application to vary condition 8 of planning permission PA/2007/1341 dated 05/12/2007 to allow the siting of 22 static caravans at Brookside Caravan Park, Stather Road, Burton upon Stather, DN15 9DH.

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

(xi)     PA/2016/1578 by Mr Garry Hirst, Delta Salvage for planning permission to erect an insulated steel-framed building, including associated hard standing at Delta Salvage, Sandtoft Road, Westgate, Belton, DN9 1PN.

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

(Councillor Poole having declared a personal and prejudicial interest left the meeting prior to consideration of the following item – Minute 1801(xii) refers)

(xii)    PA/2016/1603 by Ms Krajnik, Wise Owls Nursery for planning permission for conversion of barn and outbuildings to create a new wedding venue and bridal suite with associated landscaping and car parking at rear of 68 High Street, Messingham, DN17 3NT.

The Head of Development Management updated the committee on further information that had been received referring to the travel plan for the proposal, and the provision of a bus shuttle service to ease parking problems in the area.

An objector spoke on behalf of a number of local residents raising a number of concerns with the application.  They were particularly concerned with the quality of life for neighbouring properties if it was approved due to disturbance it could case, traffic, noise, parking, no control over guest leaving at night and felt that the shuttle bus would not be enforceable, and if the majority of weddings were for out of town guests they would not use a shuttle bus service.

The applicant provided background details on the proposal indicating it would be good for local employment and tourism in North Lincolnshire.  In presenting her case she said the neighbours were located some distance away from the venue and the leaving time for guests would be 11.30pm so not to cause too much disturbance.  Shuttle bus provision details were also highlighted that she felt would ease the parking concerns that residents and Highways had raised.

Cllr T Foster as local ward member asked the committee to refuse the application as it was not a suitable location for this kind of venue.  He said it would be a nightmare for the local residents, traffic was already too tight and this would only increase the problem.  He said the bus shuttle initiative was flawed and had no credibility as 50 percent of the queries for the venue had been received from outside the North Lincolnshire area.

Cllr L Foster stated that whilst he was not ward member for the area, he did actually call the application to committee because of the significant public interest the application had generated, and the number of queries he had received regarding the proposal.  He felt it was in the wrong location and would have a detrimental effect on the quality of life of the residents in the area.

Resolved – That the planning application be refused in accordance with the officer’s recommendation.

(xiii)   PA/2016/1610 by Mr Pete Buller, Esland Care for Certificate of Lawfulness for an existing use as a care home (Use Class C2) at 31 Low Street, Haxey, DN9 2LE.

An objector raised a number of concerns with the application, in particular the fact that the property was on a shared drive with a neighbour, and there was insufficient parking for the number of cars visiting the site for a residential area.  He stated that it was not a secure location, and that it would be better located in a different settlement.

The agent spoke on behalf of the application and informed the committee that there was no material difference in planning terms for the application, and that it was not intended to be a secure location. She highlighted that it was a six bedroom residential property and therefore that in itself would generate a lot of movement, and the potential for parking issues.  She said all children’s care homes differ, and this would not set a president for future applications.

Cllr Rose as Ward Member called in the application to committee due to significant public interest.  He informed the committee that it was inappropriately sited with the number of vehicles visiting and parking at the property.  He said the shared driveway was a problem, along with the disturbance to neighbours in a residential area.  He highlighted that there was between 8-12 shifts workers visiting the property, it had already been refused permission twice and continues to operate.

It was moved by Councillor Allcock and seconded by Councillor Mumby-Croft-

That the certificate of lawfulness be refused for the following reason:

The applicant has failed to demonstrate, to the satisfaction of the local planning authority, that a material change of use of the Class C2 (Residential dwelling) has not taken place. Therefore, the proposed use would be materially different to the lawful use of the premises and accordingly the Lawful Development Certificate is refused.

Motion Carried.

(ix)     PA/2016/1781 by Mr Colin Muscroft for planning permission to erect a detached house and garage at 28 Doncaster Road, Westwoodside, DN9 2EA.

The objector speaking on this application had no objection to the dwelling being erected but more so the access situation.  He had concerns on the narrow access as it was a single access road with bollards either side that would only add to the existing problems.

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

(x)      PA/2016/1836 by Mr Steve Deeks, Absolute Children’s Services for planning permission to retain change of use from dwellinghouse (C3) to children’s home (C2) at the Old Barn, Owston Ferry Road, Low Burnham, Haxey Parish, DN9 1DB.

An objector raised a number of concerns with the application, these included: it being in a small rural hamlet with no facilities or amenities for the children, dangerous stretch of road with increased traffic at the property, limited public transport network, adjoining residential properties, parking problems for up to 15 vehicles and the issue that it failed to meet the sustainability policy.

The agent for the application informed the committee that it had been operating very successfully and there was no intention to operate deceitfully without planning permission.  She said there was to be no external alterations to the property, and as part of the conditions it would be limited to four children.  She also informed the committee that there was up to 15 spaces available to accommodate parking.

Cllr Rose as Ward Member highlighted that an appeal for this property had already been rejected by the Inspector as it was an unsuitable location with concerns to highway safety.  He said there were genuine concerns with these small hamlet locations as they were totally unsuitable with no facilities available for the children, leading to an adverse affect on neighbouring properties.

Cllr Allcock agreed that it was not the correct location with no local facilities.  He stated that it did not meet policy CA1 and the impact on the neighbouring properties was not acceptable.

Cllr Armitage informed the committee that the children required properties like this to be able to grow up in, and questioned why they could not do so in a village location.

It was moved by Councillor Allcock and seconded by Councillor Mumby-Croft that-

The planning permission be refused for the following reason:

The retention of the facility, which is not located in Scunthorpe, Bottesford urban area, Barton upon Humber, Brigg or any other identified medium growth settlement, represents an unsustainable use as it not readily accessible to schools or other local facilities. Furthermore, the proposal will have an adverse impact on the character of the area by the introduction of a commercial enterprise in an area predominantly residential in character. The proposal is therefore considered to be contrary to the provisions of policy H16 of the North Lincolnshire Local Plan, policies CS1, CS2 and CS5 of the North Lincolnshire Core Strategy and guidance contained in the Interim Planning Policy for Residential Care Homes/Institutions.

Motion Carried.

(xi)     PA/2016/1855 by Mr C McGurran for application for variation of condition 2 of PA/2013/0734 to amend the boundary treatments to plots 6 and 7 at Ferry Boat Inn, 24 High Burgage, Winteringham, DN15 9NE.

Cllr Marper as Ward Member called in the application and asked the committee to consider holding a site visit before making a decision.

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

(xii)    PA/2016/1923 by Mr John Feather for planning permission to erect side extensions at 1 St Nicholas Park, Epworth, DN9 1FB.

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

(xiii)   PA/2016/2033 by Walkers for planning permission to erect five dwellings and one pair of semi-detached dwellings off Temperance Avenue, Messingham.

The agent addressed the committee and agreed with the comprehensive report written by the officer.   He said they accepted all the conditions recommended and the issues and concerns raised about plot 5 had been taken onboard.

Cllr T Foster as Ward member informed the committee that he had received a number of objections from residents due to the loss of amenity.  He said there were parking problems at the site, the traffic flow was already busy and asked that the committee visit the site before making a decision.

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

 

 

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