Planning Committee – 26 July 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 meetings held on 21 June 2017, and the special meeting held on 3 July 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), Ali, Bainbridge, J Davison, Grant, Kataria, Poole and Wells.

Councillor(s) Armiger, Briggs, England, T Foster and Mumby-Croft attended the meeting in accordance with Procedure Rule 37(b).

The committee met at Civic Centre, Scunthorpe.

1825   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 1829(iv) PA/2017/613 Knows the applicant.

 

The following members declared a personal interest:-

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

 

 

Cllr N Sherwood

General

 

 

1829(iv)

General

 

 

PA/2017/613

Member of the Humberside Fire Authority, and the Isle of Axholme & North Nottinghamashire Water Management Board.

Knows the applicant.

The following members declared that they had been lobbied:-

Member(s) Application(s) Minute
Cllr Bainbridge

Cllr Mumby-Croft

PA/2017/764

PA/2017/124 & PA/2016/2009

1829(vii)

1827(i) 1828(i)

Cllr T Foster

Cllr England

Cllr Poole

PA/2017/511

PA/2017/511

PA/2017/511

1828(ii)

1828(ii)

1828(ii)

 

1826 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 21 June 2017 and the special meeting held on 3 July 2017, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the Chairman, subject to a couple of minor technical alterations to the minutes of 3 July 2017 as discussed.

1827 (45)  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/2017/124 by Mr Lince for planning permission to erect six dwellings on land to the rear of The Red Lion, construct an associated private access and amend access to the public house car park at The Red Lion, High Street, Broughton, DN20 0HY.

An objector raised a number of concerns regarding the available parking spaces proposed for the development, parking proposed next to the boundary fence, increased traffic, noise and concerns about access to private drains that are located within the pub car park.

The agent responded on behalf of the applicant who indicated that numerous meetings with the planning officer’s had taken place, and he recommended a minimum of six dwellings be proposed for the site. He also stated it was a brownfield site in the centre of the village, and there were enough car parking spaces available to accommodate the development.

Cllr Mumby-Croft addressed the committee as the local ward member raising a number of concerns, especially with regard to the proposed access for the pub that was located right next to a bus stop, and the main road.  She indicated she would like to see the application refused due to the access being inappropriate.

Cllr Poole asked the Highways Officer present if he was happy with the access proposed.  The Highway Officer confirmed it was tight but could be worked around, and from that point of view was happy with the proposals.

Cllr Grant stated that following the site visit he also had reservation about the access, and was not happy with the proposal.

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

The development hereby approved shall not be brought into use until adequate measures required to protect the existing utility apparatus have been provided in accordance with details submitted to and agreed in writing by the local planning authority.

Reason
In the interests of highway safety and to comply with policies T2 and T19 of the North Lincolnshire Plan.

(ii) PA/2017/730 by Mr G Blair for planning permission to erect three two-bedroom terrace houses, including associated amenity area, car parking and turning (resubmission of PA/2017/283) at 36 Burnham Road, Epworth, DN9 1BY.

Cllr Poole had a number of concerns with the proposal following the site visit.  He stated that the three dwellings, with three storeys would change the view of the street scene and therefore could not support the application.

It was moved by Cllr Poole and seconded by Cllr C Sherwood-

That planning permission be refused for the following reason:-

The proposal represents an over-intensive form of development which would be out of keeping with the street scene to the detriment of the character and appearance of the area. The proposal is therefore contrary to policies DS1 and H5 of the North Lincolnshire Local Plan, CS5 of the North Lincolnshire Core Strategy and paragraph 64 of the National Planning Policy Framework.

                                                                                                                      Motion Carried.

1828 (46)  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/2016/2009 by European Property Acquisition Ltd for outline planning permission for a residential development of up to 26 dwellings, including three affordable homes (with all matters reserved except access) and associated works at land at Burnside, Broughton, DN20 0HT.

The Group Manager – Development Management and Building Control updated the committee and informed it that this was a re-submission of a previous application that was dismissed on appeal.  In doing so he highlighted that the appeal was not dismissed on any technical aspects of the application, it was dismissed due to uncertainty over the section 106 agreement.

Two objectors addressed the committee and their concerns, also raised by other residents were as follows: additional traffic, impact on the area, existing issues with cars parked down Burnside, impact on drainage, the means of access was inappropriate, they felt that alternative means of access should be explored as large vehicles would not be able to access the site, and it would impact on the wider community.

Cllr Mumby-Croft called in the application due to significant public interest.  She said there were a lot of concerned residents due to the access problems as Burnside would not be wide enough to take the extra vehicles.  She felt that an alternative provision for the access should be explored, possibly coming from Appleby Lane.

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

(ii) PA/2017/511 by Gelder Ltd and Mr Barnard for planning permission to erect sixteen three/two bedroom houses/bungalows for affordable housing with associated hard and soft landscaping at land adjacent to Maple Lea, Gainsborough Road, Kirton in Lindsey.

A couple of objectors addressed the committee raising concerns about the application.  They felt that the development was outside the development boundary, contrary to a number of policies, loss of wildlife on the site, sewers would back up with the potential for flooding, the site was not accessible for the amenities/services in Kirton in Lindsey, and with public transport very limited.

The agent for the application tried to alleviate some of the concerns raised and indicated there would be no loss of amenity, or impact on the character of the area.  He suggested there would be a new footpath link on Gainsborough Road that would connect it to the local amenities.  He also referred to the officer’s report and stated that the flood risks had been addressed.

Cllr T Foster spoke as a local ward member and disagreed with the agent as he felt there would be a great loss off amenity, and that it was out of the boundary limits.  He also referred to the appeal decision that was also dismissed.

Cllr England also addressed the committee as a local ward member and stated there was no justification to go outside the boundary as there were numerous opportunities elsewhere in the town.

Cllr J Davison said that after listening to the previous speakers he had concerns with the application.

Cllr Grant referred to the previous application that went to appeal and highlighted that the principal was already there, and affordable housing should be allowed on the site.  He said it was the 106 agreement that previously the problem.

Cllr Bainbridge agreed that the application should go ahead, and that there was a shortfall of affordable housing in Kirton.

It was moved by Cllr J Davidson and seconded by Cllr Wells-

That planning permission be refused for the following reason:-

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

 

1829 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 Group Manager – Development Management & Building Control updated the reports orally where appropriate.  Other officers attending gave advice and answered members’ questions as requested.

(i) PA/2017/431 by Mr David Johnson, Northmoor Fisheries for outline planning permission to erect a dwelling in connection with Northmoor Fisheries at Northmoor Fisheries, Northmoor Road, Crowle, DN17 4DW.

The agent for the application stated that there was a need for a rural worker to be in the countryside, residing at the property on the site of the fisheries.  He said attendance was required on site at all times as the project was at risk without it due to thefts on the site.

Cllr Briggs as a local ward member indicted that there was a great deal of support in the community for the business and the proposed dwelling. He said it was rural diversification and could not see any reason not to support the application.

Cllr C Sherwood highlight that the applicant worked from home, therefore there would be at the property all the time so did not see a problem with the application.

It was moved by Cllr C Sherwood and seconded by Cllr J Davison that:-

Planning permission be granted subject to the following conditions:-

  1. Approval of the details of the layout, scale, and appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called ‘the reserved matters’) shall be obtained from the local planning authority in writing before any development is commenced.

Reason
The application has been made under Article 5(1) of the Town & Country Planning (Development Management Procedure) (England) Order 2015.

  1. Plans and particulars of the reserved matters referred to in condition 1 above, relating to the layout, scale, and appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the local planning authority and shall be carried out as approved.

Reason
The application has been made under Article 5(1) of the Town & Country Planning (Development Management Procedure) (England) Order 2015.

  1. Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

Reason
To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

  1. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Reason
To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

  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, a timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Part 3: Implementation of Approved Remediation Scheme
The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the local planning authority. The local planning authority must be given two weeks’ written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the local planning authority.

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

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the local planning authority in accordance with Part 3.

Reason
To ensure that risks from land contamination to the future users of the land and 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. No development shall take place until details of:

(i) the location and layout of the vehicular access; and

(ii) the number, location and layout of the vehicle parking space(s) within the curtilage of the site;

have been submitted to and approved in writing by the local planning authority.

Reason
In the interests of highway safety and to comply with policies T2 and T19 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 T1 9 of the North Lincolnshire Local Plan.

  1. No development shall take place until details have been submitted to and approved in writing by the local planning authority of the make, type and colour of all external facing materials for the development 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. No development shall take place until details of the positions, design, materials and type of boundary treatment to be built/planted have been submitted to and agreed in writing by the local planning authority. The agreed boundary treatment shall be built/planted before the dwelling is occupied, and once built/planted it shall be retained.

Reason
To provide an appropriate level of screening in accordance with policies H8 and DS1 of the North Lincolnshire Local Plan.

  1. The development permitted by this planning permission shall be carried out in accordance with the approved flood risk assessment, prepared by Brown & Co. In particular, finished floor levels of all habitable accommodation shall be set no lower than 4.1 metres AOD (Above Ordnance Datum) as described. The mitigation measures shall be fully implemented prior to occupation and subsequently remain in place.

Reason
To reduce the risk of flooding to the proposed development and future occupants in accordance with policies DS16 of the North Lincolnshire Local Plan, CS19 of the adopted Core Strategy and the guidance within the National Planning Policy Framework.

  1. The occupation of the dwelling shall be limited to a person solely or mainly employed in the fisheries business known as Northmoor Fisheries at Northmoor Road, Crowle, or a widow or widower of that person and any resident dependants.

Reason
To ensure the dwelling remains available to meet the needs of the business, as permission is granted only in the light of the special justification for the accommodation, in accordance with policy RD2 of the North Lincolnshire Local Plan.

  1. Notwithstanding the provisions of Class A of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008, or any order revoking and re-enacting that order with or without modification, no extensions shall be erected on the site other than those authorised by this permission.

Reason
To define the terms of the permission and to ensure that the dwelling hereby permitted is commensurate with the needs of the business established at the site, in the interests of protecting the character and appearance of the countryside in accordance with policy RD2 of the North Lincolnshire Local Plan.

  1. The development hereby permitted shall be carried out in accordance with the following approved plan: Site plan.

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

  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.

(ii) PA/2017/535 by Mr T K Wong for planning permission for the construction of two new buildings comprising two retail outlets and a flat at ground floor, and two duplex and one flat on first floor (including demolition of existing building) (resubmission of PA/2016/1350) at Post Office House and Stores, Town Street, South Killingholme.

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

(iii) PA/PA/2017/547 by Mr Daniel Abbott for planning permission to erect an agricultural building for livestock at field west of Brigadoon, The Turbary, Belton, DN9 1QE.

An objector urged the committee to refuse this application for the same reasons it was refused previously.  He stated it was a poor design, an ugly building, and had no natural light in order to keep cattle healthy.  He was also concerned that it was located within an historic landscape, and outside of the boundary of Belton.

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

(Cllr C Sherwood having declared a personal and prejudicial interest left the meeting prior to consideration of the following item – Minute 1829 (iv) refers).

(iv) PA/2017/613 by Mr & Mrs K Turner for outline planning permission to erect one dwelling with all matters reserved at Green Lane, Wressle, Broughton.

An objector addressed the committee highlighting that it was an inappropriate development of a greenfield site in the open countryside.  He said the land had never been used as a garden, and that there were other sites in Broughton for sale that should be considered.

The applicant informed the committee that his family had restored the property, with more to do.  However, they were seeking approval for the dwelling to provide for his daughter who works in Broughton and was required to attend work with short notice. He referred to a lack of housing development, and the five year supply of housing, and indicated that whilst it was outside the boundary development it was closer to the boundary than other properties in the area.

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

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

(v) PA/2017/664 by Mr Nigel Rowson for planning permission to erect a two-storey extension at Glebe Farm, Chapel Lane, Wrawby, DN20 8SB.

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

(vi) PA/2017/675 by Mr Mark Greenwood for planning permission to retain workshop for storage at Red House, Swallow Lane, Wootton, DN39 6SB.

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

(vii) PA/2017/764 by Mr Steve Green, Community Partners Ltd for advertisement consent to display signs on roundabouts to include the following locations: A15/M180 Scawby, Ashby Road/Brumby Wood Lane/Rowland Road, East Common Lane/Warwick Road/Healey Road, Willoughby Road/Bolingbroke Road, Bottesford, Wendover Road Messingham, Collum Avenue/Lincoln Gardens/Stow Road, Revesby Avenue/Lincoln Gardens, Lakeside Parkway RAB (School), Lakeside Parkway Pump Station RAB, Lakeside Parkway/Dunlin RAB, Wilkinson Way/Timberland, Sycamore Crescent/Laurel Way/Olive Drive, Gadwall Way/Heron Gate, Bedale Road/Lunedale Road, Scunthorpe Crematorium and Chestnut Way at various roundabouts within the southern area of North Lincolnshire.

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

(viii) PA/2017/765 by Mr Steve Green, Community Partners Ltd for advertisement consent to display signs on roundabouts to include the following locations: A15/A1077 Ferriby Road Barton Interchange, A1077 Ferriby Road/Forkdale RAB, A15/M180 Elsham, Barrow Road RAB/New Holland, B1216 Ferry Road West/Neap House RAB Flixborough, Maltkin Road Waters Edge, Bowmandale/Millfields, Schipol Way/Franklin Way Humberside Airport, Franklin Way/Humberside Airport Terminal, Ramsden Lane/Bloom Road, Waldo Way/Nisa Way RAB, Bloom Lane/Waldo Way/Nisa Way RAB, A18 Humberside Airport Kirmington, A18 Kings Road/Barnetby Top, A160 Humber Road/Habrough Road/Top Road Killingholme and A160 Humber Road/A1173 Manby Road Immingham at various roundabouts within the eastern area of North Lincolnshire

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

1830 APPLICATION FOR APPROVAL OF RESERVED MATTERS   FOLLOWING THE GRANT OF OUTLINE PERMISSION FOR   DETERMINATION BY THE COMMITTEE – The Director: Operations submitted a report outlining an application for reserved matters.

(i) PA/2017/621 by Mr and Mrs Neal and Jodie Platt for application for approval of reserved matters pursuant to outline application PA/2015/1393 to erect a three-bedroomed dwelling at land adjacent to 5 Beck Lane, Bottesford, DN16 3SE

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

Reports