Planning Committee 18 October 2017

Chair:  Councillor N Sherwood
Venue:  The Council Chamber, Civic Centre, Scunthorpe
Time:  2 pm
Email address: planningcommittee@northlincs.gov.uk


AGENDA 

1.       Substitutions.

2.       Declarations of Disclosable Pecuniary Interests and Personal or Personal and Prejudicial Interests, significant contact with applicants, objectors or third parties (Lobbying) and Whipping Arrangements (if any).

3.           To take the minutes of the meeting held on 20 September 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)

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

Councillor(s) Ali, Briggs, Clark, L.Foster, T.Foster, Hannigan, Rowson and Waltham attended the meeting in accordance with Procedure Rule 37(b).

The committee met at Civic Centre, Scunthorpe.

1840   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 and personal and prejudicial interest:

Member Minute Application Nature of Interest
Cllr Ogg 1844 (i) PA/2017/677 Previous involvement with the Parish Council.

The following members declared a personal interest:-

Member(s) Minute Application(s) Nature of Interest
Cllr T Foster 1842 (i) PA/2017/392 Knows the applicant.
Cllr Ogg

Cllr N Sherwood

Cllr Wells

 

 

1843 (i)

1843 (i)

1844 (v)1844(vi)

PA/2017/674

PA/2017/674

PA/2017/1159 PA/2017/1212

Knows the applicant.

Knows the applicant and objector.

Knows the objector. Resident of Barnetby le Wold and member of the Parish Council.

The following members declared that they had been lobbied:-

Member(s) Application(s) Minute
Cllr Clark PA/2017/840 1844 (ii)
Cllr Hannigan

Cllr Wells

PA/2017/840

PA/2017/840 and PA/2017/1017

1844(ii)

1844(ii) 1844(iii)

1841   MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 20 September 2017, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the Chairman.

1842   (51)  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 Director: Operations submitted reports and updated them orally.

(i)          PA/2017/392 by A E and D M Swaby for outline planning permission for six four-bedroomed detached dwellings and integral garages with all matters reserved for subsequent approval at land north of Thistle Downe, Scotter Road, Messingham, DN17 3QE.

An objector addressed the committee with a number of concerns and these included the proposal being outside of the development boundary, the surface and foul water drainage system did not have the capacity to cope, an adverse impact on neighbouring properties, and felt that it would not be in keeping with the street scene.

Cllr T Foster spoke as a ward member and highlighted that the residents were not objecting in principal to the development, but more so the issues of the proposal being outside of the village boundary limits.  He also raised concerns around the raw sewerage problems, and the capacity to increase the flood risk.

Cllr J Davison stated that following the site visit he agreed with Cllr T Foster that the site was ideal for development.  However the issues of raw sewerage and the potential for flooding need investigating before any development is approved.

Moved by Cllr J Davison and seconded by Cllr Ogg –

That planning permission be refused for the following reason:-

The applicant has failed to demonstrate that the current drainage system can adequately deal with the foul and surface water generated by six additional dwellings or that the proposal will not lead to flooding in the locality. The proposal is therefore contrary to policy DS14 of the North Lincolnshire Local Plan and policy CS19 of the North Lincolnshire Core Strategy.

Motion Carried.

1843   (52)  MAJOR APPLICATIONS – The Director: Operations 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/2017/674 by Mr Roger Herring for outline planning permission to erect 22 dwelling houses with access roads and open space at land off Applefields, Wrawby.

An objector had a number of objections to the application and felt if it was approved it would be harmful to the character of the village.  She stated that it was inappropriate in many ways, including the fact that it was outside the development limit and not an appropriate location.

The agent for the applicant spoke in favour of the proposals and asked the committee to refer to the officer’s report that suggested the application be approved.  He said it would benefit the local community and the demand for new houses, and the five year housing supply policy.  He said it had been given a thorough assessment and would have no adverse impact on the area.

Cllr Waltham as a local ward member addressed the committee and highlighted the fact that the proposal was outside the development boundary.  He also stated that it would have a big impact on the local infrastructure and the highways, along with an adverse impact on a well populated village.

Cllr Grant stated that other applications had been approved outside development limits, and felt the proposal should be approved in accordance with the officer’s recommendations.

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

1844   PLANNING AND OTHER APPLICATIONS – The Director: Operations 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.

(Cllr Ogg having declared a personal and prejudicial interest left the meeting prior to consideration of the following item – Minute 1844 (i) refers).

(i)          PA/2017/677 by Mr Chris Taylor, Mr Therm Ltd for planning permission to erect a single-storey front extension, form a new road crossing, including new driveway, and erect a new detached garage at 4 Stather Road, Burton upon Stather, DN15 9DH.

The agent spoke on the application and indicated that the proposals were essential in order to gain access and complete work to the property.  She said that it was impossible for emergency vehicles to gain access to the property without the proposed works.

Cllr Rowson as local ward member raised concerns about the safety of the access, and also the fact that there was a significant level difference between the point of access on Stather Road and the dwelling, the dwelling being situated on a higher elevation. She requested the committee visit the site before making a decision on the application.

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

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

(ii)         PA/2017/840 by Mr Oliver Hart for planning permission for change of use from a former RAF/USAAF building to a live/work unit at Dollmax, College Road, Goxhill, DN9 7LP.

The agent in support of the application outlined the benefits for the change of use of the site, and indicated that there was a great deal of support in the area for the proposal.  He indicated the proposal was only a little bit out of the development boundary, and would not have a negative impact on the area.

Cllr Clark as a local ward member supported the application and proceeded to highlight what the conservation officer in support of the proposal stated in the officer’s report. He stated that the present building was not very nice visually, and would be much more enhanced when renovated.

Cllr Hannigan as a local ward member referred to the officer’s report and agreed that whilst they have to follow policy, sometimes the policies do not always fit and the committee need to make a judgment on it. He said the present building was an eyesore, and felt that the application should be granted permission.

Cllr Bainbridge also supported the application with the appropriate conditions being attached to the permission.

Moved by Cllr Wells and seconded by Cllr Bainbridge-

That planning permission be granted in accordance with 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: 17 15 002 and 17 15 104.

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

  1. The existing vehicular accesses to the site shall be improved within highway limits in accordance with details to be submitted to and approved in writing by the local planning authority.

Reason
In the interests of highway safety and to comply with policy T19 of the North Lincolnshire Local Plan.

  1. No loose material shall be placed on any driveway or parking area within 10 metres of the adopted highway unless measures are taken in accordance with details to be submitted to and approved in writing by the local planning authority to prevent the material from spilling onto the highway. Once agreed and implemented these measures shall be retained.

Reason
In the interests of highway safety and to comply with policy T19 of the North Lincolnshire Local Plan.

  1. The proposed new vehicle parking and turning facility shall not be brought into use until the vehicular access serving it has been completed within highway limits.

Reason
In the interests of highway safety and to comply with policy T19 of the North Lincolnshire Local Plan.

  1. Unless otherwise agreed by the local planning authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts 1 to 4 below have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the local planning authority in writing until part 4 has been complied with in relation to that contamination.

Part 1: Site Characteristics
An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the local planning authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the local planning authority. The report of the findings must include:

(i)       a survey of the extent, scale and nature of contamination;

(ii)      an assessment of the potential risks to:

–         human health;

–         property (existing or proposed), including buildings, crops, livestock, pets, woodland, and service lines and pipes;

–         adjoining land;

–         groundwaters and surface waters;

–         ecological systems;

–         archaeological sites and ancient monuments;

(iii)     an appraisal of remedial options, and a proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the management of Land Contamination, CLR 11’.

Part 2: Submission of Remediation Scheme
A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Part 3: Implementation of Approved Remediation Scheme
The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the local planning authority. The local planning authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved  remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the local planning authority.

Part 4: Reporting of Unexpected Contamination
In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken in accordance with the requirements of Part 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Part 2, which is subject to the approval in writing of the local planning authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the local planning authority in accordance with Part 3.

Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with policy DS7 of the North Lincolnshire Local Plan.

  1. The hours of operation of the proposed light industrial unit shall be limited to Monday to Friday 8am to 6pm. No operations shall be carried out on weekends or public/bank holidays.

Reason
To define the terms of the permission and to ensure that the operations do not give rise to loss of residential amenity, in accordance with policy DS1 of the North Lincolnshire Local Plan.

  1. The occupation of the dwelling shall be limited to a person solely or mainly working, or last working, at the attached light industrial unit, or a widow or widower of such a person, and to any resident dependents.

Reason
To define the terms of the permission and to ensure that the building is not used for an alternative business use which is inappropriate in this rural location in accordance with policies RD2 and DS1 of the North Lincolnshire Local Plan and CS3 of the North Lincolnshire Core Strategy.

  1. Notwithstanding the works required to form a vehicular access, parking and turning areas, no additional hardstanding shall be introduced onto the site without the written permission of the local planning authority.

Reason
In the interests of visual amenity and to ensure any development at the site doesn’t detract from the character and appearance of the open countryside in accordance with policies DS1 and RD2 of the North Lincolnshire Local Plan and CS3 of the North Lincolnshire Core Strategy.

  1. No development shall take place until proposals for landscaping have been submitted to and approved by the local planning authority. The proposals shall include indications of all existing trees and hedgerows on the site, and details of any to be retained, together with measures for their protection during the course of development.

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

  1. All the approved landscaping shall be carried out within twelve months of development being commenced (unless a longer period is agreed in writing by the local planning authority). Any trees or plants which die, are removed or become seriously damaged or diseased within five years from the date of planting shall be replaced in the next planting season with others of similar size and species to those originally required to be planted, unless the local planning authority agrees in writing to any variation.

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

  1. No development shall take place until samples of the external facing materials to be used have been submitted to and approved in writing by the local planning authority, and only the approved materials shall be used.

Reason
To ensure that the building is in keeping with its surroundings in the interests of visual amenity, in accordance with policy DS1 of the North Lincolnshire Local Plan.

  1. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that order with or without modification), no extensions shall be made to the building, no outbuildings shall be erected on the site and no additional windows installed in any roof slope other than those expressly authorised by this permission.

Reason
To define the terms of the permission, to ensure that the development is strictly undertaken in accordance with the details submitted with the planning application and in the interests of protecting the character and appearance of the open countryside in accordance with policies RD2 and DS1 of the North Lincolnshire Local Plan and CS3 of the North Lincolnshire Core Strategy.

  1. No demolition or alteration shall take place until the applicant, or their agents or successors in title, has produced an historic building record in accordance with a written specification, including a timetable for the recording, which has been submitted by the applicant and approved in writing by the local planning authority prior to any development commencing.

Reason
To comply with paragraph 141 of the National Planning Policy Framework and policy HE9 of the North Lincolnshire Local Plan as the building is a heritage asset of local significance.

  1. The historic building recording shall be carried out in accordance with the approved details and timings, subject to any variations agreed in writing by the local planning authority.

Reason
To comply with paragraph 141 of the National Planning Policy Framework and policy HE9 of the North Lincolnshire Local Plan as the building is a heritage asset of local significance.

  1. The historic building archive shall be deposited at the North Lincolnshire Historic Environment Record within six months of the date of commencement of the development hereby approved by this permission or such other period as may be agreed in writing by the local planning authority.

Reason
To comply with paragraph 141 of the National Planning Policy Framework and policy HE9 of the North Lincolnshire Local Plan as the building is a heritage asset of local significance.

  1. No development shall take place until detailed drawings at a scale of 1:20 of the proposed doors and windows to be installed in the building have been submitted to and agreed in writing by the local planning authority. The drawings shall include details of the proposed external material finish and colour of all windows and doors. The development shall take place in accordance with the agreed details and thereafter be retained.

Reason
To comply with paragraph 141 of the National Planning Policy Framework and policy HE9 of the North Lincolnshire Local Plan as the building is a heritage asset of local significance.

Motion Carried.

(iii)        PA/2017/1017 by The Co-operative Group for planning permission for change of use from use class A4 to use class A1 with extension, external alterations and works to car park area, including some demolition works at Royal Oak Inn, High Street, Barrow upon Humber, DN19 7DB.

Ward members spoke in objection to the application.  They indicated that it was identical to a previous application that was refused and felt this one should be.  There had been over 100 objections received from local residents whom did not wish to see the Royal Oak converted to a shop front.

Resolved – The planning permission be refused in accordance with the recommendations contained within the report.

(iv)        PA/2017/1094 by Mr and Mrs Fagan for planning permission to erect a single-storey front extension and a single-storey rear extension with balcony above (both to replace existing), with associated alterations at White House, 38 West End, Winteringham, DN15 9NS. Resolved – That planning permission be granted in accordance with the recommendations contained within the report.

(v)         PA/2017/1159 by Mr Deighton Royle, Lincs Auctions for planning permission to retain the change of use of a building for use as an auction room at Grainstore, Marsh Lane, Barnetby. An objector spoke on behalf of a number of residents from the area who had signed a petition against the proposal for change of use to be used as an auction room.  The reasons being they felt it was not safe as Marsh Lane was a single track with no passing places, used for walking, cycling and horse riding.  The speaker indicated that the volume of traffic had increased and there were insufficient spaces to park.

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

(vi)        PA/2017/1212 by Mr Ball for outline planning permission to erect a detached bungalow with access not reserved for subsequent approval at land east of 143 Westgate Road, Westgate, Belton, DN9 1QA. Cllr Grant felt that the application should be granted as it was surrounded by other dwellings already.

Moved by Cllr Granted and seconded by Cllr Bainbridge –

That planning permission be granted with conditions.

Motion Lost. Moved by Cllr Ogg and seconded by Cllr Wells –
That planning permission be refused in accordance with the recommendations contained within the report.

Motion Carried.

Reports