Planning Committee 30 August 2017

Chair:           Councillor N Sherwood
Venue:          The Council Chamber, Civic Centre, Scunthorpe
Time:            2.00 pm                 
e-mail 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 26 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), Bainbridge, Collinson, J Davison, Ellerby, Glover, Grant, C.Sherwood and Wells

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

The committee met at Civic Centre, Scunthorpe.

1831   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 personal and prejudicial interests:-

Member(s) Minute Application(s) Nature of Interest
Cllr C Sherwood

Cllr Wells

1834(iv)

1835(vi)

PA/2017/803

PA/2017/679

Cabinet Member Community Wellbeing.

Knew the Applicant.

The following members declared a personal interest:-

Member(s) Minute Application(s) Nature of Interest
Cllr Collinson 1835(ii) PA/2017/422 Member of Bottesford Town Council.
Cllr J. Davison

Cllr Poole

Cllr N.Sherwood

1835(ii)

1834(i)

1835(vi)

PA/2017/422

MIN/2016/1823

PA/2017/679

Bottesford Ward Member.

MPC/Sibleco Liaison Member.

Knows the Applicant.

The following members declared that they had been lobbied:-

Member(s) Application(s) Minute
Cllr Bainbridge PA/2017/422 PA/2017/1087 1835(ii) 183(ix)
Cllr Collinson

 

Cllr Davison

Cllr T.Foster

Cllr Glover

 

Cllr Grant

Cllr Ogg

 

Cllr Poole

 

Cllr C.Sherwood

Cllr N.Sherwood

Cllr Wells

MIN/2016/1823 PA/2017/151 PA/2017/547

MIN/2016/1823 PA/2017/151

MIN/2016/1823 PA/2017/151

MIN/2016/1823 PA/2017/547

MIN/2016/1823

PA/2017/151

MIN/2016/1823 PA/2017/547 PA/2017/151

MIN/2016/1823 PA/2017/151

PA/2017/564

PA/2017/151

PA/2017/151

1834(i) 1834(ii) 1833(i)

1834(i) 1834(ii)

1834(i) 1834(ii)

1834(i) 1833(i)

1834(i)

1834(ii)

1834(i) 1833(i) 1834(ii)

1834(i) 134(ii)

1834(iii)

1834(ii)

1834(ii)

 

1832   MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 26 July 2017, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the Chairman.

1833   (47)  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/2017/547 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 addressed the committee raising concerns that the application was out of character for the area, it was too large, unsuitable for the keeping of cattle, and indicated that the odour it would produce would be a major problem for the local area.

Cllr Ogg having visited the site agreed that it was not suitable for use as a cattle shed, and therefore felt that the application should be refused.

Resolved – That the planning application be refused in accordance with the officers report.

1834   (48)  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)       MIN/2016/1823 by Mr Matthew Shorland, Sibleco UK Ltd for planning permission for an extension to existing silica sand extraction operations, together with the construction of a new access to Brigg Road, associated works and planting, and progressive restoration to a landscaped lake and land suitable for nature conservation and agriculture at Messingham Quarry, Greetwell Hall Farm, Brigg Road, Manton Parish, DN21 4X.

A local resident raised a number of concerns which were – the potential increase in heavy traffic on the highway, possible traffic disruption, safety concerns for highway users, and pedestrian pedestrians and horse rider’s safety.  He also indicated that the roads could not accommodate bulky vehicles, and should not be routed through Scawby and major residential areas.

The agent for the application informed the committee that extensive consultation had taken place with local residents, and following those consultations the application had been amended and refined in order to accommodate requests.  He also stated that as part of the application they would make road safety improvements that would be implemented before any extraction commenced, and that there would be no change to the existing system on Messingham Lane.

Cllr Poole as local ward member also raised a number of concerns with regard to the transportation from the new site to the sand washing plant due to proposed traffic volume on a narrow road with acute bends.  He felt that the movements should be via an extended Haul Road.

Cllr C Sherwood queried the new map that was circulated at the meeting and the highways implications associated with it.

Cllr Bainbridge felt there was a lot of uncertainty surrounding the application, the new map and the highways information and requested it be deferred for further clarification.

Resolved – That the application be deferred for clarification on the highway management plan.

(ii)         PA/2017/151 by Mr & Mrs Fisher for planning permission to erect 10 dwellings (including demolition of existing bungalow at Allerton Lodge, 14 Wendover Road, Messingham, DN17 3SJ.

The agent stated that the development would provide ten properties each with their own parking space and garden, minimising the risk of any overlooking through the design of the properties.  He highlighted that the application supported planning policy, and that higher density schemes had previously been approved in the area.

Cllr Poole spoke as ward member with concerns that the number of dwellings proposed was too high a density for the size of the site, with the potential loss of amenity to adjacent properties in the area that were bungalows.  He said it would have a detrimental visual impact on the area, and would cause traffic and parking issues.

Cllr Foster also spoke as ward member in agreement with Cllr Poole’s comments, adding that it was over development for the area, and one storey dwellings would be more beneficial.

Cllr C Sherwood having visited the site also felt it was over development, and agreed with the two ward members that ten properties were too many for the size of the site.

Cllr Grant felt it was over intensified, and had the application been for eight dwellings it might have been more appropriate for the size of the site.

It was moved by Cllr C Sherwood and seconded by Cllr Grant –

That planning permission be refused for the following reason:-

The proposed development, by virtue of its scale, massing and density, would constitute an over-intensive, over-developed 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.

(iii)        PA/2017/564 by Mr Keith Wilson, International Energy Crops Ltd for planning permission for the erection of four agricultural buildings for poultry rearing, together with associated feed bins, infrastructure and new highway access at Hall Farm, Middlegate Lane, Bonby.

An objector addressed the committee raising the following concerns – the odour would breach the Environment Agency’s guidelines for acceptability, the impact on local residential amenity from the odour, and the impact it would have on the local landscape.

The agent responded and indicated that a full odour impact assessment had been carried out, and would have to be governed by an environmental permit.  He said the Environment Agency assessed the reports, and had approved and granted a permit.

Cllr Waltham addressed the committee as local ward member and raised concerns that it was an industrial process to be carried out in a rural setting.  He said the smell and odour omitted from the site would be unacceptable, and whilst environment permits are in place he was worried about the enforcement of them.  He said it was an unacceptable area for the application with an adverse impact on the landscape.

Cllr J Davison highlighted that the roads were too narrow and not suitable for HGV’s.  He also felt it was too close to residential properties and the impact on them would be unacceptable from the odour produced, and the increase in traffic.

It was moved by Cllr J Davison and seconded by Cllr Glover –

That planning permission be refused for the following reason:-

The proposal constitutes an inappropriate form of industrial development within the open countryside which has not been accompanied by sufficient evidence to demonstrate that the odours emitted from the proposed facility and the vehicular movements to the site would not result in a significant harm to the character and appearance of the area. Therefore, due to its scale and industrial nature, the development is considered to be contrary to policies W17 and RD2 of the North Lincolnshire Local Plan 2003 and CS2 of the Core Strategy 2011.

Motion Carried.

(Cllr C Sherwood having declared a personal and prejudicial interest left the meeting prior to consideration of the following item – Minute 1834 (iv) refers).

(iv)     PA/2017/803 by Frances Buck, Adventure Forest (T/A Go Ape) for planning permission for the construction and operation of a high ropes course with an associated reception cabin utilising an existing building at Normanby Hall Country Park, Normanby Park, Normanby, DN15 9HU.

An objector spoke against the application with concerns regarding the construction to be erected, and questioned the method of attachment to the trees.

Cllr Marper spoke as a local ward member and indicated she had been reassured that the methods to be used would be of good quality, and will be assessed annually.  She felt it was good for the area, and would encourage physical activity.

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

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

1835   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 Control and Building Control updated the reports orally where appropriate.  Other officers attending gave advice and answered members’ questions as requested.

(i)          PA/2016/1007 by Mrs Temporal for planning permission for conversion of existing outbuildings into a one-bedroom dwelling at Westview Farm, 121 Akeferry Road, Westwoodside, DN9 2NF.

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

(ii)         PA/2017/422 by North Lincolnshire Council for planning permission to erect a proposed education and visitor centre at Messingham Road, South of Hallbrook Court, Bottesford, DN16 3TS.

Local ward councillors spoke in support and against the proposals, the main worry being around the lack of provision for additional parking if it was to be used more by members of the public.

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

  1. No development shall take place until plans illustrating the vehicle parking facilities have been 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. The proposed development shall not be brought into use until all works approved under condition 5 above have been completed.

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

(iii)        PA/2017/575 by Mr Howard for planning permission to erect a dwelling adjacent to 14 Main Street, Worlaby, DN20 0NW.

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

(iv)        PA/2017/611 by Mrs Janet Preston for outline planning permission for two four-bedroomed detached dwellings with appearance, landscaping and scale reserved for subsequent approval on land adjacent to Westfield House, Station Road, Garthorpe, DN17 4SA.

An objector raised a number of concerns with the application and they were that the proposal would result in over-development of the site, and that two, four bedroom houses surround by bungalows and semi-detached properties would not fit in with the street scene.

The agent stated that the development was on a vacant grass field with no trees or hedges to be removed, no objections from Highways or Environmental Health, and would not be out of character for the area.

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

(v)         PA/2017/646 by Mr and Mrs Frank Lockwood for outline planning permission to demolish existing buildings and outbuildings and erect two two-bedroom semi-detached bungalows and six two-bedroom townhouses (in two blocks of three) including associated roads and parking areas at Saxons, 17 Greengate Lane, South Killingholme, DN40 3HB.

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

(Cllr Wells having declared a personal and prejudicial interest left the meeting prior to consideration of the following item – Minute 1835 (vi) refers).

(vi)        PA/2017/679 by Mr and Mrs H Lea for planning permission to erect a replacement dwelling at Three Trees Farm, Star Carr Lane, Wrawby, DN20 8SG.

The applicant addressed the committee stating that the current property suffered from severe damp issues that had damaged the property and affected the health of the occupants. Furthermore, he said the amenity of the occupants was impinged due to the proximity of the dwelling to Star Carr Lane which carried a significant amount of agricultural traffic and noise.

Cllr Waltham spoke as a local ward member in favour of the application.  He highlighted the need for the replacement dwelling for the health of the family, there had been no neighbouring objections, it would not be excessive in style, and in keeping with the area.

It was moved by Cllr Ogg and seconded by Cllr Grant –

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: 242016-01 Issue PP1P2001 and 242016-03 Issue P001.

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

  1. The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) undertaken by N Cullen (dated April 2017, ref: 4724/01), in particular setting finished floor levels no lower than 300 millimetres above existing ground levels. 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 and CS19 of the North Lincolnshire Core Strategy.

  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.

Informative 1
Our records indicate that the proposed development site is bounded by an ordinary/riparian watercourse along the eastern boundary. The proposals indicate a new connection into the watercourse. This must be consented by North Lincolnshire Council’s LLFA Drainage Team, in their capacity as Lead Local Flood Authority, and/or the local Internal Drainage Board through an Ordinary Watercourse Consent. Please contact the LLFA Drainage Team on 01724 297522 or by email to llfadrainageteam@northlincs.gov.uk for further details. Compliance with this guidance is to ensure the free flow of surface water is maintained throughout the development.

Informative 2

In determining this application, the council, as local planning authority, has taken account of the guidance in paragraphs 186 and 187 of the National Planning Policy Framework in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the area.

Motion Carried.

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

(vii)      PA/2017/808 by Mr and Mrs Greenwood for planning permission to erect single and two-storey rear extensions at Red House, Swallow Lane, Wootton, DN39 6SB.

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

(viii)     PA/2017/884 by Gary Rafferty, Lidl (UK) GmbH for planning permission to vary condition 7 of PA/2000/0552 to ‘No deliveries shall be made to the retail unit before 7am nor after 9pm Monday to Saturday, and not before 8am nor after 6pm on Sundays or public/bank holidays.’ at Lidl Supermarket, High Street, Barton upon Humber, DN18 5PU.

The applicant stated that he sought to vary the condition and the delivery times due to the increase in popularity at the store.  He stated that there was a demand to deliver fresh food to the store before it opens, and the current times did not meet customer’s demands.  He indicated that the delivery activities had been assessed and that there would be no impact on immediate or surrounding properties.

Cllr P.Vickers addressed the committee with concerns about the application and the request to vary the delivery times.  He indicated that the store had not complied with its current conditions that were put in place for the protection of the local residential amenity.

Cllr C. Sherwood stated there was a lot of residential housing surrounding the store, and said it would be detrimental to the community if the condition was varied.

It was move by Cllr C.Sherwood and seconded by Cllr J.Davison –

That planning permission be refused for the following reason:-

Whilst the applicant has provided a noise assessment with the application it is considered that variation of the delivery hours would result in loss of amenity for occupiers of nearby residential properties through noise and general disturbance. The variation would also create an unacceptable form of development within the conservation area through general disturbance and noise. Accordingly the proposed variation would be contrary to policies DS1 and HE5 of the North Lincolnshire Local Plan.

Motion Carried.

(ix)     PA/2017/1087 by Mr Mashook Ali, Crosby Cabz for planning permission for change of use of vacant shop to taxi office at 232 Frodingham Road, Scunthorpe, DN15 7NW.

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

(x)     PA/2017/1104 by Mrs Andrea Brocklebank, North Lincolnshire Council for application to fell a beech tree known as T2 within and protected by the Barton 1976 Tree Preservation Order at land at the A15/A1077 interchange, Ferriby Road, Barton upon Humber.

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

Reports