Planning Committee – 28 June 2002

MINUTES

PRESENT: – Councillor Ellis in the chair.

Councillors Todd (vice-chair), Holgate, Long, Rocks, Mrs Simpson, Wardle, Whiteley and Wood.

Councillors Appleyard, Briggs, Mrs Bromby, Delaney, England, Mrs Herring, Mrs Metcalfe, Mrs Redfern, Mrs Sidell and Stewart attended the meeting under the provisions of Procedure Rule 38(b).

The committee met at Pittwood House, Scunthorpe.

216 DECLARATIONS OF PREJUDICIAL AND NON-PREJUDICIAL PERSONAL INTERESTS AND DECLARATIONS OF SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) – Councillor Whiteley declared a non – prejudicial personal interest in application 02/0367 as a member of Bottesford Town Council.

There were no declarations of significant contact with applicants or third parties.

217 REQUESTS TO SPEAK – PROCEDURE RULE 36(e) – It was reported that four requests to speak had been received in accordance with Procedure Rule 36(e). The chair stated that the speakers would be able to address the committee prior to consideration of the respective items.

218 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 31 May 2002, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

219 (9) ) APPLICATION DEFERRED FROM PREVIOUS MEETING – 01/0492 by Mr J Spittlehouse for change of use of agricultural land to a motorcross practice area on OS Field Nos. 5056 and 5445, Gunthorpe Road/Gypsy Lane, Gunthorpe.

In accordance with the decision at the previous meeting, members had undertaken a site visit earlier in the day. The Director of Environment and Public Protection submitted a report and updated it orally.

Prior to consideration of the application a representative of objectors and the applicant addressed the committee in accordance with the provisions of Procedure Rule 36 (e). Councillors Mrs Redfern and Stewart, attending the meeting under the provisions of Procedure Rule 38 (b) and with the consent of the committee, spoke against the application

The objectors’ representative stated that the proposal would be contrary to Policy R10 of the emerging North Lincolnshire Local Plan relating to “Potentially Disruptive Sports.” That policy stated that the development of noisy sport or recreational uses would not be permitted in certain locations unless they met a number of criteria. The present proposal did not meet the criteria. It would not be appropriate to grant a temporary permission, as the purpose of such permissions was to assess the consequences of development whereas in this case the consequences were not unknown as the proposal had been thoroughly assessed. The proposed conditions did not adequately address the concerns of the objectors.

The applicant stated that he would allow a maximum of 40 rides per day. Bikes would be pushed rather than ridden to and from the track. Many of the bikes would be arriving via the A161 rather than Gunthorpe Road and would be arriving and leaving throughout the day rather than creating a build up of traffic at any one time. Noise would be within acceptable limits and it was proposed to create a bank from topsoil extracting from the site which would provide some screening.

The Director of Environment and Public Protection informed the committee of late representations received from a wildlife management consultant and from residents of the nearby village of Wildsworth in West Lindsey.

The Director advised that, in addition to Policy R10, Policy RD2″ Development in Open Countryside” of the Revised Deposit Draft Local Plan also applied. This policy stated that certain development could be permitted in open countryside provided it was not detrimental to the appearance or amenities of the area or to highway safety. One type of development covered by this policy was development that could not take place in an urban location. The present application clearly fell into this category. The Environmental Protection section had advised that it would not be possible to justify refusal on the basis of noise.

Members nevertheless took the view that the proposal was not appropriate for this site since, by virtue of its location and nature , it would be detrimental to the character and appearance of the open countryside. The proposal would also be likely to cause noise nuisance to residential areas since the criteria of R10 were not fulfilled. Members were also concerned about the potential to generate additional traffic.

Resolved – That permission be refused on the grounds that the development would be detrimental to the amenities of the area and road safety and therefore contrary to policies R10 and RD 2 of the North Lincolnshire Local Plan Revised Deposit Draft..

220 (10) PLANNING APPLICATIONS – The Director of Environment and Public Protection 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. 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) 01/1603 by Mr J Leake for an amendment to proposal for erection of an extension to form a snooker room at 1 Thornholme Drive, Bottesford.

(ii) 01/1618 by Mr A Henderson for erection of a detached house at Island Farm, Island Road, Garthorpe.

(iii) 02/0048 by Mr J B Smith for the erection of an extension onto the front of the existing garage and retention of the change of use of existing garage used for parking and repair of HGV to storage of engineering equipment.

(iv) 02/0386 by Axgro Foods Ltd for the erection of a new chilled food production building to replace Nissen Hut structure at Axgro Foods Ltd., West Street, West Butterwick.

(subject to an additional condition relating to a flood risk assessment)

Prior to consideration of this application, an objector and a representative of the applicants addressed the committee in accordance with the provisions of Procedure Rule 36 (e).

The objector stated that the applicants’ operation had expanded considerably over the years, often without prior planning permission. The proposal would cause an increase in the number of heavy vehicles travelling to and from the site causing nuisance to neighbouring properties through vibration and dirt.

The applicants’ representative stated that the applicant ran an agricultural business which had successfully expanded bringing employment to the local community. The acquisition of an adjoining site enabled the business to expand onto a defined industrial site and replace a dangerous industrial use. Access to the site would be off Farm Lane rather than West Street.

The Director of Environment and Public Protection informed the committee of a late objection from the Environment Agency on the basis that no flood risk assessment had been submitted. However he suggested that as the site was an existing industrial site the objection could be addressed by imposing an additional condition requiring a flood risk assessment to be carried out and the recommendations arising from the survey to be implemented prior to the development being brought into use.

(v) 02/0464 by Mr R Hattee for change of use from a babies’ clothes shop to a hot food takeaway at 27 High Street, Epworth.

(vi) 02/0504 by Mr A Vaughan for listed building consent for alterations in connection with the conversion of a farm building to a dwelling at Poplars Farm, The Dovecote West End Road, Epworth.

(vii) 02/0505 by Mr A Vaughan for change of use of a farm building to a dwelling including the erection of an extension at Poplars Farm, The Dovecote West End Road, Epworth.

(viii) 02/0551 by North Lincolnshire Council for the change of use of buildings to provide a garage for commercial vehicles, associated stores and an activity centre and offices and offices including associated alterations at Brigg Resource Centre and Cormac House, Horstead Avenue, Brigg.

(ix) 02/0552 for outline permission for residential development and the demolition of the Adult Training Centre at Brigg Resource Centre and Cormac House, Horstead Avenue, Brigg.

221 02/0457 by Hutchison 3G UK for erection of a 25m high telecommunications monopole to include 2 sector antennas and 1 equipment cabinet on land at Brumby Common, Scotter Road, Burringham.

Prior to consideration of this application an objector addressed the committee in accordance with the provisions of Procedure Rule 36(e). He stated that he did not object in principle as he recognised the need for such masts but this one would be too close to residential properties and visually prominent. More suitable sites were available nearby.

Councillor Delaney, attending the meeting under the provisions of Procedure Rule 38 (b) and with the consent of the committee spoke against the application for the same reasons as the objector.

The Director of Environment and Public Protection advised the committee of a late letter of objection which raised points made by other objectors and which were dealt with in his report. He reiterated his view that there was no planning policy basis to justify refusing permission.

Moved by Councillor Wood and seconded by Councillor Holgate –

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

Motion Lost

(Note: the voting on the motion being equal, the chair used his second and casting vote against the motion).

Moved by the chair and seconded by the vice -chair –

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

Motion Carried

222 02/0462 by Mrs L Cryer for consent to fell a purple crab apple tree protected by a tree preservation order (T59) at 43 Healey Road, Scunthorpe.

Resolved – That consent be refused in accordance with the recommendation contained in the report.

223 Resolved – That consideration of the following applications be deferred until the next meeting and that members visit the sites prior to that meeting.

(i) 02/0244 by Mrs J Chand for the erection of a ground floor extension to form a bedroom and shower facility for a disabled person at 6 Hilltop Avenue, Scunthorpe.

(ii) 02/0367 by Mr and Mrs North for alterations and erection of extensions to a garage to provide larger bedrooms and kitchen, and to erect a double garage at 26 Holme Lane, Bottesford.

224 (11) APPLICATION FOR APPROVAL OF RESERVED MATTERS FOLLOWING THE GRANT OF OUTLINE PERMISSION – 02/0573 by Chartdale Homes Ltd in respect of outline permission 99/0527 (substitution of house types previously approved under 99/0595) -The Director of Environment and Public Protection submitted a report informing members about an application for approval of reserved matters which was ready for determination. Outline planning permission had already been granted and the development had therefore been agreed in principle. Consideration was now required to an application to substitute the house types.

The Director of Environment and Public Protection informed members of a late objection by Worlaby Parish Council on the basis that the proposed houses would be too large and out of character with the area and that the access to the site could lead to an extension of development to adjoining land outside the proposed development limit. The Director advised the committee that the design of the houses was considered to be acceptable. Any development on the adjoining site would require a separate application and would be contrary to Policy LC11 of the Revised Deposit Draft Local Plan.

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

225 (12) APPEAL – Against the refusal of permission for the change of use of land for storage, haulage and truck retail and light industrial use on land east of Sandtoft Road, Sandtoft Industrial Estate, Belton (Reference 2001/1150) -The Director of Environment and Public Protection submitted a report informing members of the outcome of this appeal which had been dismissed.

Resolved – That the report be noted.

226 (13) ENFORCEMENT UPDATE – The Director of Environment and Public Protection submitted a schedule giving details of progress in respect of matters on which the committee had authorised enforcement action.

Resolved – That the report be noted.