Planning Sub-Committee – 3 November 2000

PRESENT:- Councillor Ellis in the chair.

Councillors Fordham (vice-chair), England, Grant, P Kirk, Long, Regan, Rocks, Wardle and Wood.

Councillors Appleyard, Barkley, Clark, Mrs Martin, Smith and Whiteley attended the meeting under the provisions of Standing Order 40(b).

The sub-committee met at Crowle Community Centre.

275 DECLARATIONS OF PECUNIARY OR NON-PECUNIARY INTEREST – The following members declared non-pecuniary interests in the matters listed below:-

Member
Minute No.
Subject
The Chair (Councillor Ellis) 280(xiii) Application 00/1099
Councillor Grant 280(xiii) Application 00/1099
Councillor Grant 280(xi) Application 00/1052

276 REQUESTS TO SPEAK – STANDING ORDER 38(b) – It was reported that four requests to speak had been received in accordance with Standing Order 38(b). The chair briefly outlined the procedure, indicating that the individuals would be given the opportunity to speak prior to consideration of the relevant application.

An objector to application 00/1046, having previously requested to speak under the Standing Order, had now decided not to exercise her right to speak, but had handed a petition to one of her ward members, Councillor Whiteley, who was to speak on the application.

277 MINUTES – Resolved – That the minutes of the proceedings of this sub-committee of 6 October 2000, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

278 APPLICATIONS DEFERRED FROM PREVIOUS MEETING FOR SITE VISITS – (minute 214 refers) – In accordance with the decisions at the last meeting, members had undertaken site visits earlier in the day. The Director of Environment and Public Protection submitted reports and updated them orally where appropriate.

(199) 00/0973 by Mr T Hazeldine, Reeds Hotel, for erection of a hotel extension at Reeds Hotel, Far Ings Road, Barton-upon-Humber.

Resolved – (a) That the sub-committee is mindful to grant planning permission for the development; (b) that the Assistant Director (Development and Environment) be authorised to grant permission upon completion of the unopposed revocation of planning permission ref 97/0118 dated 16 April 1997; (c) that the permission so granted be subject to conditions relating to the timing of the development, the provision of appropriate car parking areas, and the provision of mitigation measures during both the construction and operational phases of the development, and (d) that if the revocation order is not completed by 31 December 2000 the Assistant Director (Planning and Environment) be authorised to refuse the application on the grounds of the unacceptable cumulative impact of this and the approved classroom and bedroom extension on the nature conservation importance of the site.

279 (200) 00/0952 by Mr P Matthews for erection of a detached house and attached double garage on land adjacent to Greystones, Northfield Road, Messingham.

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

280 (201) 00/0945 by the Diocese of Lincoln for outline planning permission to erect five houses and garages with the details of means of access not reserved for subsequent approval on land at the rear of The Vicarage, St Paul’s Road, Scunthorpe.

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to an additional condition relating to the control of surface water discharge from the site as requested by the Environment Agency.

281 (202) PLANNING APPLICATIONS –The Director of Environment and Public Protection submitted a report incorporating a schedule containing details of applications for determination by the sub-committee, including summaries of policy context, representations arising from consultation and publicity and assessment of the applications. Officers updated the schedule orally in respect of late representations and other significant developments since its preparation.

Resolved – That the following applications be approved in accordance with the recommendations contained in the reports.

(i) 00/0242 by Singleton Birch Ltd for extension of existing quarry and subsequent restoration by landfilling at Melton Ross Quarries, B1211, Melton Ross.

(ii) 00/0809 by Keigar Homes Ltd for erection of 15 dwellings with garages and associated access/parking together with the installation of roads and sewers, also to include a garage for 37 North Street on land rear of 35 and 37 North Street, Winterton.

(Prior to consideration of this application, a representative of the applicant and an objector addressed the sub-committee.

The objector argued that the development was not needed. The proposal would be contrary to policies in the deposit draft Local Plan in relation to overlooking, loss of privacy and noise. The report was contradictory, as whilst stating that there would be no loss of privacy, it also recommended a scheme of landscaping to mitigate against such nuisance. It had earlier been proposed to build bungalows on the site which would have been less obtrusive. The development would cause damage to hedges on the site and could disturb bronze age and Roman remains on the site.

The applicant stated that there was a demand for new housing in Winterton. This site was one of the few remaining housing sites in the town. The proposed houses would not overlook existing properties. There would be no commercial uses on the site, therefore there would be little noise. It had already been agreed that an archaeological investigation would take place.

Councillors Barkley and Smith, attending the meeting under the provision of Standing Order 40(b), spoke against the application. Councillor Smith expressed concerns relating to the adequacy of the proposed foul drainage arrangements. Councillor Barkley argued that the proposed houses were too close to existing dwellings. Bungalows or a smaller number of houses would have been acceptable. The fact that mitigation measures were proposed, indicated that overlooking would be a problem.

The Director of Environment and Public Protection updated members in respect of an additional letter of objection and a letter from Winterton Town Council regarding sewerage arrangements. He suggested that any overlooking that might be caused by the development would be no worse than on many other sites in the area. A proposed condition requiring tree planting and screening would mitigate the effects and was in accordance with government guidelines that encouraged Local Planning Authorities to use conditions to mitigate nuisance.

The issue of whether the hedgerows were protected was not a matter for this sub-committee as they had not been subject to the Hedgerow Regulations. With regard to the drainage, Anglian Water Services Limited had indicated that both foul and surface water could be accommodated and the system would be adopted).

(iii) 00/0971 by Mr & Mrs Asquith for erection of a detached house and garage on land west of 30 East End, Kirmington.

(iv) 00/1017 by Mr J Millns for erection of a detached three-bedroomed bungalow and garage at Plot 10, St Michael’s Court, Goxhill.

(v) 00/1032 by Keigar Homes Ltd for consent to fell trees protected by a Tree Preservation Order on land south of Howe Lane, Goxhill.

(vi) 00/1037 by Mr & Mrs D Tomlinson for erection of a detached house with conservatory and a detached garage on land opposite 74 North Street, West Butterwick.

(vii) 00/1045 by Crownship Developments for change of use of a dwelling to offices and erection of a two-storey extension to form a link with existing offices at Charlton House, Bridge Street, Brigg.

(viii) 00/1046 by Orange PCS Ltd for installation of replacement telecommunications equipment including the addition of a new equipment cabin on the roof at 16 Broadway, Ashby.

(Prior to consideration of this application, Councillor Whiteley, attending the meeting under the provisions of Standing Order 40(b), presented a petition of objection to the application and spoke, indicating that whilst he had sympathy with the objectors, he accepted that there were no planning reasons for refusing it).

(ix) 00/1048 by the Exors of Lt Col R S Nelthorpe for construction of a vehicular access at The Almhouses, Chapel Lane, Scawby.

(x) 00/1052 by North Lincolnshire Council for outline planning permission for residential development (Priory Lane, Dean Road, Abbey Road, Friars Road, Abbotts Road) at Priory Lane, Scunthorpe.

(xi) 00/1095 by Mr & Mrs C Sutcliffe for erection of a two-storey domestic extension at 9 Caistor Road, Barton-upon-Humber.

(xii) 00/1099 by Scunthorpe RUFC for erection of a 200 seater stand at Scunthorpe RUFC, Haslam Park, Queensway, Scunthorpe.

(xiii) 00/1136 by the Director of Social and Housing Services, North Lincolnshire Council, for conversion of shop units to offices at The Angel, Market Place, Brigg.

(and officers to investigate the implication of the change of use in relation to any grants awarded in respect of the renovation of the premises).

(xiv) 00/1161 by Mr & Mrs S Whall for erection of a detached four-bedroomed house and garage on land south of Greenacres, Ferry Road, Barrow-upon-Humber.

(xv) 00/1232 by J M Underwood for consent to fell a Sycamore tree and prune a Walnut tree protected by a Tree Preservation Order at 70 Victoria Road, Scunthorpe.

282 Resolved – That the following applications be refused in accordance with the recommendations contained in the report.

(i) 00/0511 by A N & J H Davies for Listed Building Consent to demolish a store constructed of brick walls, with a concrete roof over, and a wooden gate to provide a vehicular access to a courtyard and meadow and construction of a new separation wall across the courtyard at Eastoft Hall, Luddington Road, Eastoft.

(ii) 00/0825 by Mrs P V Pratt for outline planning permission for residential development at Silversides Mobile Home Park, Silversides Lane, Scawby Brook.

(Prior to consideration of this application the applicant addressed the sub-committee. He indicated that there was currently a licence for 61 caravans on the site. If the present application was not granted, this “low grade” accommodation would remain. The proposal merely involved replacing the caravans with a similar number of permanent dwellings. The Director of Environment and Public Protection advised members that the proposed development would be contrary to the policies in the Brigg Local Plan. He did not accept that the existence of caravans on the site at present could justify a departure from the plan. Had there been no existing caravan site, any application received for such development would also have been unlikely to receive a favourable recommendation).

(iii) 00/0870 by Joinglobal Ltd for outline planning permission for residential development on land at Front Street, Ulceby.

(iv) 00/0894 by Ms A Woollands for erection of a field shelter and feed store on land rear of Church View Close, Belton.

(v) 00/0897 by Mr E G Barrett for consent to retain an illuminated sign at The Jubilee Club, Church Side/Queen Street, Winterton.

(and authority be given (i) for any necessary enforcement action to be taken to secure the removal of the unauthorised sign, and (ii) to issue instructions to take proceedings in the Magistrates’ Court in the event that any notice served in pursuance of (i) or any requisition served under Section 330 of the Town and Country Planning Act 1990 or Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 is not complied with, subject to the Assistant Director (Legal and Administration) being satisfied as to the evidence available to support such action).

(vi) 00/0955 by S G Everett & Son Buildings and Computer Graphics Ltd for retention of unit for storage of wine and beer without complying with Condition 4 of planning permission 140/89 in relation to the name of the occupier at unit 3, rear of 24 Ashby High Street, Scunthorpe.

(and authority be given (i) for any necessary enforcement action to be taken to secure the cessation of the unauthorised use, and (ii) to issue instructions to take proceedings in the Magistrates’ Court in the event that any notice served in pursuance of (i) or any requisition served under Section 330 of the Town and Country Planning Act 1990 or Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 is not complied with, subject to the Assistant Director (Legal and Administration) being satisfied as to the evidence available to support such action).

(vii) 00/0958 by S G Everett and Son Building and Computer Graphics Limited for retention of unit for storage without complying with condition 4 of planning permission 140/89 in relation to the name of the occupier at Unit 2, rear of 24 Ashby High Street, Scunthorpe

(and authority be given (i) for any necessary enforcement action to be taken to secure the cessation of the unauthorised use, and (ii) to issue instructions to take proceedings in the Magistrates’ Court in the event that any notice served in pursuance of (i) or any requisition served under Section 330 of the Town and Country Planning Act 1990 or Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 is not complied with, subject to the Assistant Director (Legal and Administration) being satisfied as to the evidence available to support such action).

(viii) 00/0955 by Mr M Gray for retention of a static residential caravan (re-submission of 00/0367) at Manor Farm, Coleby, West Halton.

(and authority be given (i) for any necessary enforcement action to be taken to secure the cessation of the unauthorised use, and (ii) to issue instructions to take proceedings in the Magistrates’ Court in the event that any notice served in pursuance of (i) or any requisition served under Section 330 of the Town and Country Planning Act 1990 or Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 is not complied with, subject to the Assistant Director (Legal and Administration) being satisfied as to the evidence available to support such action).

(ix) 00/1031 by Keigar Homes Ltd and Messrs Brown, Codd and Petch for outline planning permission for residential development at Phase 12, Millfields Way, Barrow-upon-Humber.

(x) 00/1066 by the Lincoln Diocesan Trust and Board of Finance Ltd for renewal of outline planning permission (96/1781) for erection of three dwellings with vehicular access on part of Vicarage Paddock, Vicarage Lane, Scawby.

(xi) 00/1103 by Mr J K Addison for outline planning permission to erect a detached bungalow and garage on plot south west of Treetops, 26 Church Lane, Bonby.

(The Director of Environment and Public Protection informed members of an additional letter of objection in connection with this application raising issues that were not relevant planning matters as well as points already covered in the report).

(xii) 00/1144 by Mr A K Oliver for change of use of shop into a hot food takeaway at 80 High Street, Epworth.

(xiii) 00/1149 by The Corporation of Trinity House for variation of Conditions 2 and 3 of outline planning permission 7/676/95, granted 25 January 1996 to extend the periods for both the submission of reserved matters and the date by which the development must be commenced on land east of School Lane, Goxhill.

283 99/0526 & 99/0802 by JB Edlington & Co. and by Quinton & Kaines (Holdings)Ltd for Outline Permission for residential development on land south of Engine Street, Brigg.

These two applications had been deferred twice, firstly for members to undertake a site visit and subsequently to await the receipt of a reply to the chair’s letter to the Minister for Housing and Planning in relation to the weight to be attached to the objection from the Environment Agency (Minutes 93 and 112 refer).

The report included the information previously submitted and updated and expanded that information where necessary. Attached to the report were various items of correspondence from the applicants’ agent, an objector, the Minister for Housing and Planning and the chair.

The Director of Environment and Public Protection advised members that they needed to take into account the adopted development plan in which the sites were allocated for residential development. In fact there were few sites closer to the town centre which were available for residential use. The sites were conveniently located close to services. Approximately half of the total area was “brownfield” land and government advice was that such sites should be developed in preference to “greenfield” sites. The factory site was currently let on a short term lease.

The scale of the development had been reduced from the original application, being for some 25 dwellings only. The allocation in the draft local plan reflected this and had been reduced more significantly, from a figure of several hundred, in the light of drainage and other infrastructure constraints.

With regard to the Environment Agency’s objection, this was a relevant consideration but not the only issue. The Environment Agency would be preparing a flood defence scheme for the area but could not yet give an indication of when this would take place. Other developments had been permitted nearby recently.

Members were nevertheless of the opinion that considerable weight should be given to the objection by the Environment Agency.

Resolved – That permission be refused on the grounds that the proposed development would meet all four of the criteria for not permitting development contained in the Environment Agency’s letter to the Council dated 17 October 2000.

284 00/0842 by Mr Wright for erection of a first floor domestic extension at 2 Prospect Place, Beaulahland, South Ferriby

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

285 (203) APPEALS – The Director of Environment and Public Protection submitted a report informing members of the following appeals to the Secretary of State.

(i) Against refusal of outline planning permission to erect two dwellings with associated access on land opposite “The Haymaker” fronting onto Main Street, Bonby and outline planning permission to erect a dwelling on land to the rear of Bonby Methodist Church, Main Street, Bonby (applications 99/0781 and 99/0783) – Appeals dismissed.

(ii) Against refusal to grant permission to retain uPVC windows and doors (application 99/1269, previous refusal 98/1358) – Appeal allowed in part and otherwise dismissed.

Resolved – That the report be noted.

286 (204) STATISTICS OF PLANNING APPLICATIONS – JULY – SEPTEMBER 2000 – The Director of Environment and Public Protection submitted a report informing members of the Council’s performance in handling planning applications in the third quarter of 2000.

Resolved – That the report be noted.