Planning Committee 17 January 2018

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 meetings held on 6 December 2017 and the 18 December 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 Director: Operations unless otherwise stated.

MINUTES

PRESENT:-  Councillor N Sherwood (Chairman) in the chair.

Councillors Ogg (Vice-Chairman), Bainbridge, Collinson, J Davison, Glover, Grant, Kataria, Longcake, and Wells

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

The committee met at Civic Centre, Scunthorpe.

1858   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
Councillor Briggs 1860 (i) and

1862 (vii)

PA/2017/159 &

PA/2017/1754

 

Member of Humberside Fire Authority

Member of Isle of Axholme and North Nottinghamshire Water Management Board

The following members declared that they had been lobbied:-

Member(s) Application(s) Minute
Councillor Briggs PA/2047/159

PA/2017/1754

1860 (i) and

1862 (vii)

Councillor N Sherwood PA/2017/159 1860 (i)
Councillor Waltham MBE PA/2017/1338 1861 (i)
Councillor Wells PA/2017/1338 1861 (i)

 

1859   MINUTES – Resolved – That the minutes of the proceedings of the meetings held on 6 December and 18 December 2017, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the Chairman.

1860   (60)    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/2017/159 by Rockscape Contract Services for planning permission to construct new access road with junction onto the A18 (east of Pilfrey Bridge) to serve North Moor Farm, Crowle.

The Group Manager – Development Management informed the meeting that a Stage 1 safety audit had now been completed.  The audit examined the right hand turning lane.  However, there was no requirement for such a provision.  The council’s Highways Officers were of the opinion that condition 3, contained within the report, was still required.

The agent addressed the committee on behalf of the applicant.  The agent confirmed that the applicant had commissioned an independent safety audit of the road.  The report explored the design of the highway and how safe was the access was.  The report confirmed that there were no significant safety concerns on the highway, and the access arrangements were satisfactory.

Councillor Briggs, ward member explained why he had called in the application.  Following numerous visits to the sites, it was clear to see that the development was not agricultural, but more industrial.  Whilst he had sympathy with the residents living adjacent to the existing site, the safety aspects of the new proposal were a concern.  Access to the site was right next to a water course.  The safety of motorists using the road was of paramount concern.  There was, in his opinion, a safer access on Belton Road.

Councillor J Davison informed the committee that he was very familiar with the road and drove by the site everyday.  In his opinion, it was a dangerous junction due to the ‘blind bend’.  Traffic travelled very fast along the road and he was not convinced that the site was safe for road users.

Councillor Grant stated that the access was along a straight road, not near a bend.  There were no problems with the application, with the Council’s Highways department in support of the application.

Councillor Bainbridge agreed with Councillor Grant’s observations on the application.  There was, in her opinion, no problem with the application provided the conditions were attached to the application.

It was moved by Councillor J Davison and seconded by Councillor Longcake –

That planning permission be refused for the following reason –

It was considered that the proposed access would be to the detriment of highway safety given its siting on a bend on derestricted highway.

The proposed development was therefore contrary to policy RD2(d) of the North Lincolnshire Local Plan and paragraph 32 of the National Planning Policy Framework.

MOTION CARRIED.

1861   (61)    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/2017/1338 by Mr Roger Cairns, Shirecare Property Co Ltd for planning permission to erect 10 dwellings at land to the west of Almond Grove, Brigg.

A resident in support of the application addressed the committee, and stated that the site was located on brownfield land.  The site required development due to its current state and, were it to be left alone, was at risk from the gypsy and traveller community frequenting the site in the future.  Development of the site would enhance the character of the area; would not lead to an increase in the volume of traffic and would increase the amenities available to local residents.  Were the application to be granted, conditions should be attached to the application on landscaping and lighting.

Councillor Waltham MBE, local ward member informed the committee that access to the site would be via a short, private drive which ran between 11 and 13 Almond Drive.  The development was not in keeping with the setting or local properties and would be surrounded by single storey dwellings whose occupants were elderly.  As mentioned previously, access to the site was via a private drive which was unadopted.  It would not be able to support the traffic generated by the ten proposed dwellings.  A particular concern was the height of the local water table.  A previous application for five dwellings was refused, with flood risk stated as one of the reasons for refusal.  An application for an increased number of dwellings would only exacerbate existing problems, particularly problems with surface water.  The application should, in his opinion, be refused due to the adverse impact the application would have on neighbouring properties, increased flood risk and its proximity to single storey dwellings.

Councillor Wells was also concerned about the high water table.  The area was prone to flooding, which could be triggered by very little rain.  Vehicles visiting the site would also be an issue for local residents.

It was moved by Councillor Wells and seconded by Councillor Glover –

That planning permission be refused for the following reason –

The proposed development, by virtue of its scale, massing and vehicular movements, would constitute an over-intensive over dominant form of development that would be out of keeping with the street scene and create a detrimental impact on residents and the character and appearance of the area. Insufficient information had not been submitted to demonstrate that the development would not lead to a potential flood risk within the surrounding area.  The proposal was therefore contrary to policies DS1, DS16 and H5 of the North Lincolnshire Local Plan, CS5 and CS19 of the North Lincolnshire Core Strategy and paragraph 64 of the National Planning Policy Framework.

MOTION CARRIED

1862   PLANNING AND OTHER APPLICATIONS – The Group Manager – 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 Group Manager – Development Management updated the reports orally where appropriate.  Other officers attending gave advice and answered members’ questions as requested.

(i)          PA/2017/743 by Mr Hughes for outline planning permission for a residential development of four dwellings with all matters reserved at rear of 52 High Street, Haxey, DN9 2HH.

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

(ii)         PA/2017/880 by Mr Andrew Davenport-Lister for planning permission to demolish existing detached farm house and replace with new detached dwelling at Newlands Farm, access road to farm, off Blackdyke Road, Epworth, DN9 1JA.

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

(iii)        PA/2017/1013 by Mr W Stead for planning permission to erect a farm manager’s dwelling in connection with Alpaca Farm at Surrey Lodge, Alpaca Farm, Sandtoft Road, Epworth, DN9 1EW.

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

(iv)        PA/2017/1241 by Mr G Nettleton, L Nettleton & Son for planning permission for a storage lagoon (re-submission of  PA/2017/785) at land to the east of Brigg Road, Barton upon Humber.

The agent for the application addressed the committee and stated that the application was for food waste, which was an alternative to chemical fertiliser.  This would remove the need for unnecessary haulage movements.  The lagoon would offer more scope to the land owner.  No objections had been raised by any of the statutory consultees.  The Environment Agency had requested conditions that would mitigate odour and indicated that it would be covered.

The agent believed that a permit should be issued as the lorries would not travel through Barton-upon-Humber.  It was for this reason that the Council’s Highways department raised no objection to the application.

Councillor K Vickers, ward member, suggested that the application should be refused.  The application would result in an odour emanating from the site, which the planning application had not addressed.  A large number of haulage vehicles would enter the site, which would affect the amenities of local residents.  The application had insufficient information contained within it to allow the committee to determine, particularly observations from the Council’s Environmental Health department.

Councillor J Davison expressed his concern about the odour that would inevitably be generated were the application to be granted.  The application did not address how the odour would be controlled and managed.  There was also concern about the storage and distribution at the site.

Councillor Bainbridge was concerned over the number of traffic movements that the application would generate, as the officers report made no reference to the number of lorry movements.

It was moved by Councillor J Davison and seconded by Councillor Longcake –

That planning permission be refused for the following reasons:-

The proposed lagoons had the potential to generate odours over large distances to the detriment of residential amenity.  Inadequate information in support of the application had been submitted in support of the application to determine that the proposal would not result in an odour nuisance to the surrounding area.  As a result, the proposal had the potential to result in loss of amenity to residents by virtue of increased odours and therefore the proposal was contrary to guidance in the National Planning Policy Framework and policies DS1 and DS11 of the North Lincolnshire Local Plan.

MOTION CARRIED.

(v)         PA/2017/1322 by Lincolnshire Co-operative Ltd for planning permission for the erection of a single-storey neighbourhood food store (Class A1 Use), the creation of a new vehicular and pedestrian access, car parking, external plant, equipment, landscaping and associated works at land adjacent to 47 West Street, Scawby.

An objector addressed the committee, to express his concern about the proposed development.  The development would cause particular difficulties during term time as West Street was a one-way street.  The food store and car park were located within the existing school safety zone.  Granting this application would therefore put the school children at risk of being involved in an accident.  The report made reference to moving the building and reducing its height.  However, this would make no difference.  The central store in the village had recently closed.  On school days, parents park their vehicles on West Street.

The food store would therefore cause access problems as well as increase the risk of an accident occurring.

The agent, representing the applicant, stated that many local Scawby residents wanted to attend and address the committee, to speak in support of the application.  There was currently no shopping provision within the village of Scawby.  A similar development was recently opened in Goxhill which had been very well received.  Developments such as the one applied for made local residents quality of life better in small rural communities.  The application was resubmitted, and incorporated the views of many local residents to alleviate their concerns.  This amended application provided a greater sense of openness and improved the street scene, as well as improved access for pedestrians.  There was no observation from the Council’s Conservation Officer, and many positive comments had been received following a consultation on the proposed development.

Councillor Collinson was satisfied with the content of the report and supported the officer’s recommendation.

Councillor J Davison noted that the safety of children was always of paramount importance.  However, the Council’s Highways department were content with the application.  Any highway was potentially dangerous to pedestrians, but the proposed conditions had mitigated for any potential situations that may occur.

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

(vi)        PA/2017/1528 by The Co-operative Group for planning permission to retain part of existing public house for café/bar with some demolition works and proposed extensions/alterations and erect attached new retail unit (A1) with new car parking layout and accesses onto Albion Hill and Mowbray Street at Mowbray Arms, Mowbray Street, Epworth, DN9 1HR.

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

(vii)       PA/2017/1754 by Mr Roger Mason for planning permission to erect an agricultural shed at land east of Cattery, Field Road, Crowle, DN17 4HP.

Councillor Briggs, ward member, informed the meeting as to why he had requested that the application be ‘called in’.  Local residents resided within 200 metres of the proposed development, with their primary concern being the slurry and sewage waste that would be generated at the site.  The application was a small scale operation.  However, questions remained over how the sheep would be looked after and whether the agricultural shed would be clad.

Councillor J Davison requested that additional conditions be attached to the application to protect the local environment.

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

Within three months of the date of this decision, proposals for landscaping shall be submitted to and approved in writing by the local planning authority.  The proposals shall include details of any trees/hedges to be planted together with measures

Reason:

To enhance the appearance of the development in the interests of amenity.

All the approved landscaping shall be carried out within 12 months of the date of approval of the submitted landscaping scheme (unless a longer period is agreed in writing by the local planning authority). Any trees or plants which die, are removed

Reason:

To ensure the implementation and maintenance of the submitted scheme of landscaping for the proposed development.

Within one month of the date of this decision, details of the cladding to be installed on the building shall be submitted for approval in writing to the local planning authority and only the approved cladding shall be used on the building.

Reason:

In the interests of visual amenity within the open countryside in accordance with policy CS5 of the North Lincolnshire Core Strategy and policies RD2, RD14 and DS1 of the North Lincolnshire Local Plan.

Prior to first use of the building for the housing of livestock, a waste management plan shall be submitted for the approval in writing by the local planning authority.  Once approved, the waste management plan shall be implemented in its entirety.

Reason:

To ensure an appropriate method of dealing with waste generated by livestock is secured in accordance with policy DS1 of the North Lincolnshire Local Plan.

The agricultural building hereby permitted shall not be used to house anymore than 40 animals at any one time.

Reason:

To define the terms of the permission and to regulate the intensity of the use in accordance with policies RD2, RD14 and DS1 of the North Lincolnshire Local Plan.

(viii)      PA/2017/1827 by Mr Tim Allen, North Lincolnshire Council for planning permission to retain car parking area at Ashby Ville Local Nature Reserve, Whimbrel Chase, Scunthorpe, DN16 3WJ.

An objector addressed the committee and stated that his property overlooked the development.  The objector conveyed his disappointment that the first he was aware of the development was when he opened his curtains and the car park was there.  The car park had poor access, and was not essential for the site.  There were, in the objector’s opinion, more suitable sites located elsewhere, away from the residential area.  The middle gate remained closed, yet this was not reflected in the officer’s report.  The report also failed to include any detail on the number of vehicles that would use the site or the opening hours of the car park.  Particular concern was the use of the car park overnight.  Poor communication from the Council has resulted in local residents being unaware of any alcohol restrictions on the site, how frequently waste would be collected at the site and how local residents amenities would be protected were the car park retained.

Councillor Grant acknowledged that as a local resident, he too had not been contacted about the car park.  However, as a local ward member, he had received numerous complaints from local residents with regard to visitors to Ashby Ville parking on side streets.  Councillor Grant agreed with the objector that the car park should be closed in the evening and that alcohol should not be allowed on the site.

Councillor Collinson was surprised that the car park was constructed without permission.  However, now it was built, it must be closed at night, despite this being difficult to enforce.  It was also essential that condition 2 was implemented within a calendar month should the permission be granted.

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

The car park herby approved by this planning application shall be locked outside the following opening times;

–         April to September 7am – 9pm;

–         October to March 7am – 5pm unless otherwise agreed in writing with the local planning authority.

Reason

In order to protect against impacts upon neighbouring amenity in line with policies DS1 and DS3 of the North Lincolnshire Local Plan.

1863   EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (Minute 1864 refers) on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

1864   REVIEW OF PEAT WORKING CONSENTS UNDER THE HABITATS REGULATIONS – The Director: Operations submitted a report that informed the committee of the outcome of a review of peat working consents that adversely affect Crowle Moors.

Members were informed that Crowle Moors formed part of Thorne and Hatfield Moors Special Protection Area (SPA) and Thorne Moor Special Conservation Area (SAC). These were both classed as European Sites.  The moors were internationally important for their rare lowland raised bog habitats.  Because of the damage caused by peat extraction over the years, the habitats were officially classed as “degraded raised bogs still capable of natural regeneration”.  Nevertheless, the best areas were still rich in specialised plants such as bog-mosses, common and hare’s-tail cottongrasses, heather, cross-leaved heath, round-leaved sundew, cranberry and bog-rosemary. They were also internationally important for their breeding population of a nocturnal bird called the nightjar.

In a small number of places, planning permissions still existed for the extraction of peat.  Where peat extraction took place, it had the following harmful effects on the protected habitats and species:

  • Direct removal of lowland raised bog habitat and the constituent species.
  • Exposure of mineral soils, altering the chemical balance of the remaining peat and favouring the growth of fen, rather than bog, plants.
  • Drainage of water from the surrounding moors, favouring the growth of birch and willow woodland, rather than lowland raised bog.
  • Degradation of the remaining habitats to a point where restoration is not possible within acceptable timescales.
  • Disturbance and displacement of breeding nightjars.

Regulations 63-64 of The Conservation of Habitats and Species Regulations 2010 required the Council to review existing consents that were likely to have a significant effect on a European Site such as Crowle Moors.  Three sites with consent were identified by Entec consultants in 2003, following appropriate assessments under the Habitats Regulations. All of the sites have the benefit of planning permission 1A/86/48, granted on 09 March 1949 for the use of land for the cutting of peat on Crowle Moors.

Under the Environment Act 1995, the Minerals Planning Authority undertook a review of all existing mineral planning permissions. Additional conditions were attached that controlled and regulated the winning and working of peat on the three remaining areas where such works could still take place.  As the continued works in these areas would have an adverse effect on the integrity of the European Sites, the council needed to explore options for modifying or revoking these consents.

The report referred to the existing consents that were in place, and provided a detailed analysis of each consent that had been assessed.

Resolved – (a) That in accordance with the recommendation contained in the report, the revocation of permission 1A/96/48 where it underpins the Review of Minerals Permissions 97/0870 be approved, and (b) that ongoing works continue for permission 1A/86/48 where it underpins ROMP Permission 97/0869 to be revoked.

Reports