Planning Committee – 31 May 2002
PRESENT: – Councillor Ellis in the chair.
Councillors Todd (vice-chair), Holgate, Long, Rocks, Mrs Simpson, Wardle, Whiteley and Wood.
The committee met at Fred Wooffitt Memorial Hall, West Butterwick.
201 DECLARATIONS OF PREJUDICIAL AND NON-PREJUDICIAL PERSONAL INTERESTS AND DECLARATIONS OF SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) – There were no declarations of prejudicial or non-prejudicial personal interests by members in respect of the items on the agenda.
202 REQUESTS TO SPEAK – PROCEDURE RULE 36(e) – It was reported that three 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.
203 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 3 May 2002, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.
204 (1) 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) 01/0988 by Lakeland Properties Brigg Ltd for construction of roads and sewers to serve a residential estate for 21 dwellings (amended layout) and construction of two detached houses (Plots 1 & 2) at Baysgarth Lower School, Caistor Road, Barton-upon-Humber.
(ii) 01/1109 by Lakeland Properties Brigg Ltd for provision of a car park – 10 car parking spaces, at Baysgarth Lower School, Caistor Road, Barton-upon-Humber.
(iii) 02/0218 by Bottesford Avenue Development Company for substitution of approved dwelling types on Plots 3, 5, 6 and 15 Cliff Drive, Burton-upon-Stather.
(iv) 02/0241 by P Havercroft for alterations and erection of extension to create rooms in roof space including 4 dormer windows and 1 skylight and erection of a staircase access way.
(v) 02/0315 by Mr and Mrs R Mell for erection of an extension to a dwelling to provide a kitchen and dining area, utility and double garage at ground floor level and 2 bedrooms with en suite and dressing facilities at first floor at Woodnook Cottage, High Street, Wroot.
(vi) 02/0393 by Kimberly Clark Ltd for removal of condition 3 and variation of condition 6 of 01/1429 and permission to extend an existing lay-by to provide vehicle parking at Kimberly Clark Ltd, Falkland Way, Barton-upon-Humber.
(vii) 02/0396 by Mr and Mrs Chappill-Bright for erection of a detached 5-bedroomed house with conservatory, garage and access thereto on vacant plot of land, north end of Danson Close, Barton-upon-Humber.
(viii) 02/0397 by Mr and Mrs N Dakin for erection of a domestic extension at 6 Westcliff Gardens, Scunthorpe.
(ix) 02/0418 by Mr R Raynor for erection of extensions to form new bedrooms with en suite facilities at first floor and new front entrance porch level at Windmills, Belton Road, Epworth.
(subject to an additional condition requiring that the premises not be occupied otherwise than for purposes ancillary to the existing dwelling and not to be used for any commercial or non -residential purposes).
(x) 02/0470 by Propriete Ltd for the demolition of existing dwelling house and outbuildings and replacement with two detached dwelling houses with garages at 22 Rectory Street, Epworth.
(Note: The Director of Environment and Public Protection advised members that although there were objections on the basis that the dwellings would be three storeys high, in fact the top storey would be in the roof space and therefore the buildings would not be significantly higher than adjacent two storey properties)
205 02/0202 by Mr V Wardle for the change of use of land for the siting of a mobile home and the erection of a storage building and 2 field shelters on land at Carr Lane, East Lound, Haxey.
Prior to consideration of this application the applicant and an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). The applicant stated that the proposed poultry farming business would not be an intensive operation, however RSPCA guidelines required that each farm must have provision for immediate humane slaughter.
The objector stated that there were residential properties within 300 metres of the site. There was an existing poultry farm in the village and the smells from that farm were intolerable. The access to the site was a narrow track on which it was impossible for two cars to pass.
The Director of Environment and Public Protection advised that the mobile home was the unacceptable part of the application. There was no agricultural need sufficient to granting permission
Resolved – That permission be refused in accordance with the recommendation contained in the report.
206 02/0270 by Mr and Mrs White for construction of a menage at Hawthorn House, Melton Road, Wrawby
Prior to consideration of this application an objector and one of the applicants addressed the committee in accordance with the provisions of Procedure Rule 36 (e). The objector stated that the menage would be within 2 metres of the garden of an adjoining property. Whilst the surface of the menage was supposed to be dust free, there was no such thing and the menage would create dust. There could also be a danger to children in nearby properties if a horse bolted.
The applicant stated that the rubberised surface would not create any dust. The only access to the site was via a private access road and it was not intended that the menage would be open to the public or used at all hours. Neighbours living nearer to the site than the objectors had discussed the proposal with the applicants and had no objections. The site had been used for 12 years for the schooling of horses.
The Director of Environment and Public Protection reported that an earlier proposal had included floodlights. The removal of the floodlights and the change to a rubberised surface, which would keep dust to a minimum, meant that the proposal was now considered to be acceptable.
Resolved – That permission be granted in accordance with the recommendation contained in the report.
207 02/0305 by Mr K R Buttrick for outline permission to erect a two-storey dwelling at Shore Road, Garthorpe.
Prior to consideration of this application the applicant addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He stated that the site had had the benefit of previous outline permissions and was a natural “infill plot” in the village. Other sites within the area of the previous outline permission had been developed and services had been provided at the applicant’s expense.
Councillor Briggs, attending the meeting under the provisions of Procedure Rule 36(e) and with the consent of the committee, spoke in support of the application. He stated that the site would complete the development of the site and would help to maintain the sustainability of the village.
The Director of and Environment and Public Protection stated that granting permission could set a precedent as there were other similar plots nearby. Whilst the site might appear to be a natural infill plot the emerging local plan policies aimed to concentrate development in major settlements rather than in small villages such as Garthorpe. Refusals of permission for similar sites in other villages had in general been successfully defended at appeal
Resolved – That permission be refused in accordance with the recommendation contained in the report.
208 (2) APPLICATIONS FOR APPROVAL OF RESERVED MATTERS FOLLOWING THE GRANT OF OUTLINE PERMISSION – The Director of Environment and Public Protection submitted a report informing members about an application for approval of reserved matters which were ready for determination. Outline planning permission had already been granted and the development had therefore been agreed in principle. Consideration was now required to the details of the siting, design, external appearance, means of access and landscaping of the development (excluding any of these matters which were expressly approved at the time outline permission had been granted).
Resolved – That approval be granted for the following application in accordance with the recommendations contained in the report.
(i) 02/0440 by Keiger Homes Ltd in respect of outline permission 99/0300 dated 23/07/1999 for the erection of eight detached 4-bedroom houses with garages including associated access, improvements to Ford Lane and retention of public footpath link.
209 (3) APPEALS – The Director of Environment and Public Protection submitted a report informing members of the outcome of the following appeals: –
(i) Against the refusal of consent to display two static internally illuminated 48-sheet hoarding panels at 2a Ville Road, Scunthorpe – Application 01/1111 – Appeal Dismissed.
(ii) Against the retention of mobile home, Bagsby Road, Owston Ferry – Application – 00/1451 – Appeal Dismissed.
210 (4) REVIEW OF COMPLETED DEVELOPMENTS – 5 APRIL 2002 – The Director of Environment and Public Protection submitted a report on the review of development sites carried out on 5 April 2002 and whether there was any need to reconsider and policies or practices following the review.
Recent reports and good practice advice recommend that councillors should revisit a sample of implemented planning permissions to assess the quality of the decisions made. This practice was endorsed most recently in the Probity in Planning Update published by the Local Government Association earlier this year. It was suggested that every such review should be considered formally by the Planning Committee.
Previously a few ad-hoc visits had been made when the opportunity arose, but in April the exercise was more structured. An itinerary was prepared and brief notes about the developments and issues they raised at the planning stage were circulated beforehand.
Resolved – (a) That the views of those who attended the inspection be endorsed, in that there are no obvious or clear-cut reasons to justify a review of existing planning policies or procedure and, (b) that a further tour, in a different part of North Lincolnshire, be arranged during the next municipal year.
211 (5) PUBLIC SPEAKING AT MEETINGS OF THE COMMITTEE – The Director of Corporate Affairs submitted a report inviting members to consider an amendment to the procedure for public speaking at meetings of the committee.
Since 1996 members of the public had been permitted to address this committee (formerly the Planning Sub-Committee). The procedure for this had been amended twice in the light of experience, first in November 1999 to remove the need for a petition to be submitted and subsequently, in March 2001, to allow a person to speak more than once if an application was deferred for a site visit or for any other reason. A further amendment was proposed to change the period of notice required.
The current procedure required a member of the public wishing to speak at a meeting to give written notice to the Director of Corporate Affairs at least five days before the meeting at which the application was considered.
In practice this caused some difficulties. As requests to speak could be submitted at any time up to the close of business on the Friday prior to a meeting, it was often not possible to give other parties any more than three days notice. This was not really sufficient given that they might need to arrange time off work or change their domestic arrangements.
Experience had shown that applicants and objectors often decided that they wished to speak only after seeing the recommendation to the committee. By this time it was usually too late to comply with the Procedure Rule requirement in terms of notice.
It was suggested therefore that the period of notice could be reduced to 24 hours. This would allow applicants and third parties the opportunity to consider the report and recommendations before deciding whether to speak. If all parties were advised by the Director of Environment and Public Protection of the date, time and venue of the meeting at which an application was to be considered the onus would then be on those parties to make arrangements to attend and speak should they wish. All parties would have been given the same opportunity to do so and there would therefore not be any need to inform the “other side” of requests. Also there was no real reason why requests to speak should be made in writing provided the request was made to the Democratic Services unit.
Recommended to Council – That Council Procedure Rule 36 (e) be amended in accordance with Appendix 1 to the report, with effect from 1 September 2002, subject to the chair being given discretion to permit a member of the public to speak having not given the required notice.
212 (6) PUBLIC FOOTPATH 196, BOTTESFORD – The Director of Environment and Public Protection submitted a report to seek approval to make a modification order adding a 1,150 metre length of public footpath to the County of Lincoln – Parts of Lindsey (Glanford, Brigg) Definitive Map and Statement. That subject to the confirmation of the modification order, that a public path order be made to close a 1,450 metre length of public footpath and subject to the confirmation of the public path order, that a legal event order be made to modify the definitive map and statement accordingly.
Recommended to Council – (a) That a modification order be made to add approximately 1,150 metres of public footpath to the County of Lincoln – Parts of Lindsey (Glanford, Brigg) Definitive Map and Statement; (b) that a public path order be made to stop up approximately 1,450 metres of public footpath; (c) that a further modification (legal event) order be made to modify the County of Lincoln – Parts of Lindsey (Glanford, Brigg) Definitive Map and Statement accordingly; (d) that if irreconcilable objections are lodged in respect of either the public path order or the modification order be the subject of a further report, and (e) that if either or both orders are unopposed, the Director of Environment and Public Protection confirm them.
213 (7) DEFINITIVE MAP MODIFICATION ORDER – PUBLIC FOOTPATH 179, GUNNESS – The Director of Environment and Public Protection submitted a report seeking approval to make a modification order to add a 410 metre long public footpath and to delete a 270 metre long public footpath, both with respect to the County of Lincoln – Parts of Lindsey (Glanford, Brigg) Definitive Map and Statement.
Recommended to Council – (a) That the making of a modification order to add approximately 410 metre long public footpath be approved; (b) that the making of a further modification order be approved to delete an approximately 270 metre long public footpath, both in respect to the County of Lincoln – Parts of Lindsey (Glanford, Brigg) Definitive Map and Statement; (c) that if no objections are received, the Director of Environment and Public Protection confirm the order, and (d) that if irreconcilable objections are received, then a further report be brought before the committee.
214 EXCLUSION OF PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (minute 215 refers) on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 12 of Part 1 of Schedule 12A of the Local Government Act, 1972.
215 (8) CROWLE MOORS – The Director of Environment and Public Protection submitted a report seeking approval to take action regarding peat workings on Crowle Moors.
Resolved – That the service of a discontinuance notice under Section 102 of the 1990 Act be approved.