Planning Committee – 10 October 2003

Chairman: Councillor Wardle
Venue: Council Chamber, Pittwood House, Scunthorpe
Time: 2pm

AGENDA

1. Substitutions.

2. Declarations of Prejudicial or Non-Prejudicial Personal Interests, and significant contact with Applicants, Objectors or Third Parties (Lobbying), if any.

3. To identify any persons wishing to speak in accordance with Procedure Rule 36 (e).

4. To take the minutes of the meeting held on 12 September 2003 as a correct record and authorise the chairman to sign.

5. Applications deferred from previous meeting for site visits:-

(i) 03/0902 by Davenport Homes Ltd for the erection of 3 houses and garages on site adjacent to the Cross Keys public house, Top Road, South Killingholme.

(ii) 03/00987 by Ting Ka Wong for the change of use from reatil to restaurant and take – away, including associated alteration at South Killingholme Post Office, Town Street, South Killingholme

(iii) 03/ 0838 by N & A Durdy for the erection of a detached farmhouse at Shawfield Farm, Epworth Road, Haxey.

(iv) 03/0287 by Mr B Green for erection of an extension to the rear of a dwelling to provide facilities for a disabled person at 27 Long Road, Scunthorpe.

6. Planning and other applications for determination by the committee.

7. Appeals.

8. Public Speaking At Meetings Of The Committee – Report of the Head of Legal and Democratic Services.

9. Any other items, which the chair decides are urgent, by reasons of special circumstances which must be specified.

Note: Reports are by the Head of Planning and Regeneration unless otherwise stated.

Minutes

PRESENT: – Councillor Wardle in the chair.

Councillors Long (vice-chairman), Delaney, England, Glover, Holgate, Rocks, Swift, Waldron, Wood and Whiteley.

Councillors Appleyard, Barkworth, Muir, Osborne, Rowson, Smith, Stewart, and Vickers attended the meeting in accordance with the provisions of Procedure Rule 38 (b).

The committee met at Pittwood House, Scunthorpe.

449 (33) DECLARATIONS OF PREJUDICIAL AND NON-PREJUDICIAL PERSONAL INTERESTS AND DECLARATIONS OF SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) – The following member declared a non-prejudicial personal interest as follows

Member Minute Item Nature of Interest
Councillor Rocks 452 (iv) Application 2003/0287 Knew Applicant

 

The following members declared that they had been lobbied –

Member Application /Item Lobbied By
Councillor England 2003/0312 Applicant’s agent
Councillor Holgate 2003/0312 Applicant’s agent
Councillor Long 2003/0312 Applicant’s agent
2003/0514 Parish Councillor
2003/1012 Councillor Sherwood
Councillor Wardle 2003/0312 Applicant’s agent
Councillor Wood 2003/0312 Applicant’s agent

 

450 REQUESTS TO SPEAK – PROCEDURE RULE 36(e) – It was reported that twenty eight requests to speak had been received in accordance with Procedure Rule 36(e). The chairman stated that those speakers who were present would be able to address the committee prior to consideration of the respective applications.

MINUTESResolved – That the minutes of the proceedings of the meeting held on 12 September, 2003, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

(34) APPLICATIONS DEFERRED FROM PREVIOUS MEETING – In accordance with the decisions at the previous meeting, members had undertaken site visits earlier in the day. The Head of Planning and Regeneration submitted reports and updated them orally.

(i) 03/0902 by Davenport Homes Ltd for the erection of 3 houses and garages on site adjacent to the Cross Keys Public House, Top Road, South Killingholme.

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, the landlady of the Cross Keys Public House was concerned about access to the development and the fact that the development would create a need for additional car parking spaces. Visitors would use the car park of the Public House.

The applicant’s representative stated that consideration had been given to the access arrangements for this site and for the adjoining site, the subject of permission 2003/0903.She considered that it would be better for both sites to use an access off Mayflower Close rather than vehicles having to emerge on to the busy Top Road. The principle of residential development on the site had already been established.

The Head of Planning and Regeneration advised members that the site already had the benefit of outline permission for three dwellings. However that permission included access onto Top Road. As the applicants were seeking to amend the access arrangements a full planning application was required. The main issues for consideration were the suitability of Mayflower Close as the access and the impact on an existing property adjacent to Plot 6. He was satisfied that Mayflower Close could cope with the additional traffic and that the would be no adverse impact on adjacent dwellings.

Moved by Councillor Wardle and seconded by Councillor Long –

That permission be refused on the grounds that the development would lead to an unacceptable increase in traffic on Mayflower Close

Motion Lost

Moved by Councillor Whiteley and seconded by Councillor England –

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

Motion Carried

(ii) 03/0987 by Ting Ka Wong for the change of use from retail to restaurant and takeaway including associated alterations at South Killingholme Post Office, Town Street, South Killingholme.

The Head of Planning and Regeneration advised members that permission had been refused twice before. The circumstances had not changed since then.

Members however considered that the site was in the commercial centre of the village and therefore there was no reason to refuse permission.

Resolved – That permission be granted subject to a condition prohibiting opening on Sundays and restricting opening hours with a closing time of 11.30 pm on Mondays to Saturdays and to a condition requiring the provision of flue extraction equipment.

(iii) 03/0838 by N & A Durdy for the erection of a detached farmhouse at Shawfield Farm, Haxey.

Prior to consideration of this application, one of the applicants addressed the committee in accordance with the provisions of Procedure Rule 36 (e). She stated that the business had been located on the site since 1979 and employed both full-time staff and a number of seasonal workers. The potato store proposed for the business would require 24 hour supervision at certain times of the year.

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

(iv) 03/0287 by Mr B Green for the erection of an extension to the rear of a dwelling to provide facilities for a disabled person.

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

453 (35) PLANNING APPLICATIONS – The Head of Planning and Regeneration 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) 02/1838 by Able UK Ltd for the retention of part of site and change of use of part of site from industrial land and farmland to vehicle distribution and storage facility for a temporary period of 3 years on land to the east of Rosper Road, South Killingholme.

(subject to the combination and rewording of Conditions 6 and 7 and additional conditions relating to flood risk assessment and surface water drainage).

(ii) 03/0138 by Sol Associates for Listed Building Consent to retain alterations in connection with a change of use from a public house to offices at Cross Keys Hotel, 10 Market Place, Crowle.

(subject to the deletion of condition 1, on the basis that it had been established that the works had already been carried out, in consultation with the council’s Conservation Officer. Therefore the condition was unnecessary).

(iii) 03/0139 by Sol Associates for the change of use from a public house to offices at Cross Keys Hotel, 10 Market Place, Crowle.

(subject to the deletion of condition 1, on the basis that it had been established that the works had already been carried out, in consultation with the council’s Conservation Officer. Therefore the condition was unnecessary).

(iv) 03/0708 by G Singh for the change of use of clothing manufacturing unit to a a wholesale cash and carry warehouse at 26 Hebden Road, Scunthorpe..

(subject to an additional condition requiring the implementation of a landscaping scheme on the boundary with properties on Scotter Road.)

(Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). She did not object in principle to the cash and carry. However working hours should be reduced further and there should be a more substantial barrier between the warehouse and neighbouring residential properties.)

(v) 03/0737 by Scawby Under 5s for the erection of a nursery and out-of-school club at Scawby Primary School, West Street, Scawby.

(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). Councillor Muir, attending the meeting in accordance with Procedure Rule 38 (b) spoke in support of the application.

The objector was not opposed in principle to a nursery on the site but objected to the siting. The development should be on the same level as the school.

The applicants’ representative stated that the impact of the development would be less than anticipated. The applicants had discussed the application with the council’s tree expert and would comply with his requirements. The trees on site would ensure that the proposed building was screened from the surrounding area. The application was supported by the local community, the Local Education Authority and local councillors.

Councillor Muir welcomed the additional facility for Scawby)

(vi) 03/0755 by Mr & Mrs T Regis for alterations in connection with change of use from a barn to a dwelling at Brandicarr Farm, North Kelsey Road, Howsham

(vii) 03/0978 by Mr P Wear for the extension of a car park, including alterations to the entrance; the creation of a paved patio area and children’s play area, including the erection of a fence and walls/fence, and the enclosure of a bin area and entrance porch at the Blue Bell Public House, 2 Whitecross Street, Barton–upon–Humber.

(Prior to consideration of this application and 03/0979 an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). She objected on the grounds of traffic, noise and road safety. Also youths congregated in the area. She suggested that an alternative position should be considered for the entrance to the car park. The Head of Planning and Regeneration explained that the existing entrance to the car park had been closed off the previous year for safety reasons).

(viii) 03/0979 by Mr P Wear for listed building consent to make alterations and erection of an existing building including an extension to the car park, erection of fences and walls and provision of paved patio and children’s play area at the Blue Bell Public House, 2 Whitecross Street, Barton – upon – Humber.

(ix) 03/1012 by Mr N Smith, Bonby Youth Club for the retention of the use of land for siting of a storage container on land to the east of 56 & 58 Main Street, Bonby,

(subject to the amendment of condition 1 by the substitution of “2006” for “2004”)

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

The objector stated that the structure was inappropriate for the location which was open countryside and of high landscape value. The container was not well camouflaged. It spoilt the view for ramblers. The application had not been submitted until the structure had been there for 11 months. There was an alternative site available.

The applicant questioned the availability of an alternative site. He disputed that the container could be seen from the public footpath as it was screened by bushes.

The Head of Planning and Regeneration reminded members that the availability of an alternative site was not a factor to be considered by the committee.)

(x) 03/1017 by Maple Properties (Headingley) Ltd for the erection of a garage and attached garden store at 3 The Rein, Westmoreland Close, Westwoodside

(xi) 03/1022 by Mr I Snell for the erection of a dormer bungalow and garage on land west of Orchard Rise, Churchtown, Stockshill, Belton.

(Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He claimed that the bungalow would overlap the front of his own property and block out light.

The site was on a dangerous bend with poor visibility. Therefore the proposal would exacerbate the traffic hazard.)

(xii) 03/1076 by PD Port Services Ltd for the change of use of land to industrial open storage at Station Road, Keadby

(Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He was concerned that an increased number of HGVs would lead to an increased risk of traffic accidents, especially when children were being taken and collected from school. The proposal would also lead to noise and vibration with an increased risk of damage to council owned properties. He alleged that the site was already being used for storage.

The Head of Planning and Regeneration informed members that he had no information to confirm or otherwise that the use was already taking place.

Moved by Councillor Delaney and seconded by Councillor Swift –

That consideration of this item be deferred to enable members to undertake a site visit.

Motion Lost

Moved by Councillor Holgate and seconded by Councillor Glover –

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

Motion Carried

(xiii) 03/1169 by Mr and Mrs Knowles for the construction of dormer windows and insertion of rooflights at Knockers, Carrhouse Road, Belton.

(Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He claimed that not all interested parties had been consulted on the application. The applicants had no need for additional accommodation. The proposal was contrary to policy as it was a single –storey extension rather than a dormer as described.

(xiv) 03/1183 by Shane Champanaria for a new shop front and disabled entrance doors plus ATM cash machine at Westbury Stores, 55 High Street, Belton.

(The Head of Planning and Regeneration reported the receipt of a petition containing the names of 16 people from 12 properties objecting to this application.)

(xv) 03/1268 by Mr B and Mrs T Bird for the change of use of land to a domestic garden on land to the rear of Newmarket Lodge, Front Street, Ulceby

(xvi) 03/1220 by Mr K Miah for the erection of extensions and the making of alterations to a garage to form a granny flat and garage at 41 Vicarage Gardens, Scunthorpe.

(Prior to consideration of this application and application 03/1274, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e).

He indicated that the proposed conditions addressed his concerns in relation to 03/1220 and he therefore withdrew his objection to that application. However his objections to application 03/1274 (Minute 439 (iii) refers) still stood.

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

03/0312 by Lamming Construction Ltd for the erection of 15 dwellings and means of access thereto at Barnside, Hibaldstow.

(Prior to consideration of this application a representative of the applicants addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He contended that the status of the settlement had changed since the application had been submitted. At the time, Hibaldstow had been defined as a selected settlement in the Local Plan. However the council had subsequently adopted the North Lincolnshire Local Plan in which Hibaldstow was defined as a Minimum Growth Settlement. The application would have been acceptable under the previous plan. It would not be an efficient use of the land to build 3 dwellings (the maximum permitted under the new plan) on it. The alternative was to leave the site in its present untidy state

The Head of Planning and Regeneration reminded members that they should take a decision on the basis of the policies currently in force.)

(ii) 03/0453 by Asda Stores Ltd for consent to display 4 advertisement banners at Asda Stores Ltd., Burringham Road, Scunthorpe.

(iii) 03/0870 by Mr J W Kent for outline permission to erect boarding kennels, a cattery, reception block and a dwelling on land to the north – west of Bridge Lane (part of OS Field 1156), Cadney

(Prior to consideration of this application the applicant addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He stated that boarding kennels needed to be in open countryside because of the potential noise nuisance from barking dogs. The proposal constituted rural diversification. There would be no more than three or four cars visiting the kennels in a day. He was prepared to accept an agricultural occupancy condition on the proposed dwelling. The Head of Planning and Regeneration informed members that an application for the kennels and cattery by themselves was likely to meet with a recommendation of approval, but that the erection of a dwelling on site was unacceptable.)

(iv) 03/1230 by Mr and Mrs Wilson for the erection of a two-storey extension (re-submission of application 2003/0734 –refused 09/07/03 at 56 St Barnabas Road, Barnetby).

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

The applicant said that he needed more space for his three children. The extension would overlook the garden of the objector’s property but not his house. There would be little or no loss of light to the objector’s property. The site was within the development boundary.

The objector considered that the extension would be too large. It would be only two metres away from the objector’s property and would cause a lack of privacy.)

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

(i) 03/0514 by Mr T J Cole for the building of a house and a bungalow on Plots 2 & 3, on land north of Church Farm Mews, Burton – upon –Stather.

(Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). A modern development would be out of keeping with its surroundings, a conservation area.

(ii) 03/0983 by Mr M Duffy for the erection of a barn and a stable at Wyvern House, 18 Bracon, Belton

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

The objector was concerned that the barn could be converted to a house in the future. Also the development would lead to an increase in traffic on an already busy road.

The applicant indicated that he had changed the application, on the request of officers, so that the buildings would be closer to existing development than originally proposed).

(iii) 03/1274 by Mr K Miah for the erection of extensions and the making of alterations to a garage to form a granny flat and garage at 41 Vicarage Gardens, Scunthorpe.

(Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He was concerned that the extensions would spoil the appearance of the area.

Councillor Barkworth, attending the meeting in accordance with Procedure Rule 38 (b) spoke. He suggested that members should undertake a site visit.)

456 03/1188 by The Skelton School of Classical Ballet for change of use to a ballet school at Unit 1a, Harrier Road, Humber Bridge Industrial Estate, Barton–upon-Humber.

(Prior to consideration of this application, the applicant addressed the committee in accordance with the provisions of Procedure Rule 36 (e).

Councillor Vickers, attending the meeting in accordance with Procedure Rule 38 (b) spoke in support of the application.

The applicant stated that the school needed a permanent base. The use would not be acceptable in a residential area because of the necessary music. It would be better located on the outskirts of a town. There was a similar use on South Park Industrial Estate in Scunthorpe. The entrance would be at the rear of the premises. A nearby day nursery had agreed to allow the school to use its car park. Children would not be left unattended.

The Head of Planning and Regeneration advised that the use was not considered suitable on an industrial estate because of the potential for conflict between pedestrians and industrial traffic and because the proposal did not meet the criteria set out in Policy IN2 of the North Lincolnshire Local Plan.

Members, however, took the view that because of the arrangements made for access and parking and because there were other non – industrial uses in the vicinity, the proposal should be allowed.

Moved by Councillor Wardle and seconded by Councillor Long –

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

Moved by Councillor England and seconded by Councillor Holgate as an amendment –

That permission be granted for a temporary period of two years.

Amendment Lost

Moved by Councillor Rocks and seconded by Councillor Whiteley as a further amendment –

That permission be granted.

Amendment Carried

Substantive Motion Carried

457 (36) 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 outline planning permission for the erection of one dwelling with double garage and driveway to the road – Mawlands, Northfield Road, Messingham – Reference 02/1504 – Appeal Dismissed.

(ii) Against the refusal of planning permission for the erection of a detached bungalow – site to the west of 68c Overton Court, Barton–upon-Humber – Reference 02/1684 – Appeal Dismissed.

Against the refusal of outline planning permission for the retention of a boundary fence at Belwood House, Woodhouse Lane, – Reference 03/0091 – Appeal Dismissed.

(37) PUBLIC SPEAKING AT MEETINGS OF THE COMMITTEE – Resolved – That consideration of this item be deferred to enable officers to give further consideration to the matter and to submit an amended report.