northlincs.gov.uk

Chairman: Councillor Wardle

Venue: Council Chamber, Pittwood House, Scunthorpe

Time: 2.00 p.m.

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 27 June 2003 as a correct record and authorise the chairman to sign.

Planning Matters

5. Applications deferred from the previous meeting for site visits.

2003/0276 by Mr I Moore for the erection of conservatory and detached garage and retention of fencing to front boundary at Limehouse Cottage, 80 Appleby Lane, Broughton.

(ii) 2003/0276 by Mr I Moore for Listed Building Consent for the erection of conservatory and detached garage and retention of at Limehouse Cottage, 80 Appleby Lane, Broughton.

2003/0497 by Dr Jill Hobbs for the erection of two dwellings (siting and access not reserved for subsequent approval) on Land at The Grove, Church Lane, Appleby.

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

7. Appeals.

8. Enforcement Update.

Public Rights of Way Matter

9. Submission of Modification Orders to the Secretary of State – Definitive Map Modification (Public Byway Open to all Traffic 21, Crowle) Order 2003 (1) and (2).

Note: Extracts from the relevant legislation in respect of Item 9 is available upon request.

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

Note: Reports are by the Director of Environment and Public Protection unless otherwise stated.

Minutes

PRESENT: – Councillor Wardle in the chair.

Councillors Long (vice-chairman), Barkworth, Bunyan, Eckhardt, England, Grant, Holgate, Rocks, Waldron and Whiteley.

Councillors Appleyard, Briggs, Clark, Osborne, Rowson and Smith attended the meeting in accordance with the provisions of Procedure Rule 38 (b).

The committee met at Pittwood House, Scunthorpe.

411 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 2002/1407 (minute 415 (i) refers) as a member of Bottesford Town Council.

The following members declared that they had been lobbied in respect of the applications as listed.

412 REQUESTS TO SPEAK – PROCEDURE RULE 36(e) – It was reported that sixteen 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.

413 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 27 June, 2003, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

414(12) APPLICATIONS DEFERRED FROM PREVIOUS MEETING – In accordance with the decisions at the previous meeting, members had undertaken site visits earlier in the day. The Director of Environment and Public Protection submitted reports and updated them orally.

(i) 03/0276 by Mr I Moore for the erection of a conservatory and detached garage and the retention of fencing to front boundary at Limehouse Cottage, 80 Appleby Lane, Broughton

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

(ii) 03/0277 by Mr I Moore for listed building consent for the erection of a conservatory and detached garage and fence at Limehouse Cottage, 80 Appleby Lane, Broughton.

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

(iii) 03/0497 by Dr Jill Hobbs for outline permission for the erection of two dwellings (siting and access not reserved for subsequent approval) on land at The Grove, Church Lane, Appleby.

Prior to consideration of this application, a representative of the applicant and an objector addressed the committee. The applicant’s representative stated that the development limit for Appleby should include the applicant’s property. Development on the site would not set a precedent as The Grove was unique within the village.

The objector stated that the proposal was contrary to the local plan and the Appleby Village Design Statement. There had been no objections raised in relation to the revised development limit during the recent process leading to the adoption of the North Lincolnshire Local Plan. The proposed development fulfilled none of the criteria for an exception to the provisions of policy ST3 which restricted development in the open countryside.

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

415 (13) 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) 02/1407 by Lakeside Partnership Ltd. for the construction of a 6.75m wide spine road, approximately 720m in length, and 2 roundabouts for a future residential development; and the construction of a 6.75m wide access road for a proposed nursing home at Lakeside Retail Park, Scunthorpe.

(subject to (a) amendments to Conditions 2 & 5 to remove the contradiction in terms in the wording contained in the recommendation, and (b) to an additional development relating to phasing of the development)

(Prior to consideration of this application, an objector addressed the committee. He believed that the Development Plan should be revised. There was inadequate access/egress from Wisteria Way. The road would create traffic congestion and danger. It would encourage piecemeal development.

The Director of Environment and Public Protection reported a late letter of objection. The author claimed that there had been inadequate consultation on the proposal. The Director referred to the information contained in the report which detailed the extensive consultation that had in fact taken place.

(ii) 02/1664 by Manor Homes (Yorkshire) Ltd for the erection of a nursing home/EMI and intermediate day care home on land west side of Lakeside Parkway, Scunthorpe.

(iii) 03/0240 by Mr N Atkinson for the conversion of a disused barn into 6 self-contained holiday cottages at Newlands Farm, Newland, Epworth.

(subject to additional conditions as requested by the Environment Agency and to ensure that the caravans are not used as permanent dwellings)

(iv)03/0344 by Mr N Atkinson for the change of use of land to caravan park (static and touring) at Newlands Farmhouse, Newland, Epworth.

(subject to additional conditions as requested by the Environment Agency and to ensure that the cottages are not used as permanent dwellings)

(v) 03/0345 by Mr N Atkinson for excavation of land to form a fishing lake, wild bird haven and the use of excavated materials to form a wind break/screen at Newlands Farmhouse, Newland, Epworth.

(vi) 03/0263 by Mr I Miller and Miss N Rowarth for the erection of a detached house on Plot 14, Applefields, 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 development would not be in keeping with the locality. The proposed conservatory would only be 20 metres from the objector’s house. As the objector’s property was on a higher level than the application site, the proposed 2 metre high fence would not be sufficient to prevent overlooking. The applicant stated that he understood the objector’s concerns and had sited the house as far away from the objector’s property as possible. He intended to plant a row of deciduous trees along the boundary to provide screening.

(vii) 03/0267 by Mr B Paterson for the change of use of a building to a restaurant with associated parking (renewal of planning permission 1997/1535) on land adjacent to Bridlington House, Howe Lane, Goxhill.

(viii) 03/0325 by T Birmingham for the conversion of an outbuilding to residential accommodation including a single-storey extension at Sconer House, Barton Street, Barrow–upon–Humber.

(ix) 030744 by T Birmingham for Listed Building Consent for alterations in association with the conversion of an outbuilding to residential at Sconer House, Barton Street, Barrow–upon–Humber.

(x) 03/0730 by Mr P Wilson for the erection of a detached garage at 7 Holme Drive, Burton –upon -Stather

(Prior to consideration of this application an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He stated that the garage would be too high. It should have a lower pitched or flat roof.)

(xi) 03/0769 by Mr T J Honess for the erection of a conservatory and the resiting of a carport at 8 Sand Lane, Broughton.

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

(i) 03/0440 by Mr and Mrs K Rooms for a two-storey extension to a dwelling at 26 Ermine Street, Appleby.

(Prior to consideration of this application and application 03/0460, one of the applicants addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He stated that the extension would be a smaller structure than the cottage. Following works carried out under a permission granted in 1998, there was now “open space” on the site which had not been a feature of the original cottage. The open part of the garden was giving him concerns over security. It was also important to repair or remove rendering from the end wall of the cottage. The application was supported by neighbours).

(ii) 03/0460 by Mr and Mrs K Rooms for Listed Building Consent for a two-storey extension to a dwelling at 26 Ermine Street, Appleby.

(iii) 03/0655 by Sandtoft Roof Tiles Ltd for outline permission for residential development and associated access at Bardney Hall, off Whitecross Street, Barton–upon–Humber.

(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 proposed access cut through a “conservation area.” around a listed building. There would be a loss of privacy to residents of neighbouring properties. As the new dwellings would be at a higher level than existing properties they would overlook them.

The applicants’ representative indicated that the applicants’, having read the report, understood the reasons for refusal. They had now been in discussions with the church with a view to the removal of restrictive covenants on the land. They hoped to be able to submit a proposal with an alternative access and siting.

The Director of Environment and Public Protection advised the committee that the recommendation for refusal was based in part on policy grounds. The land was “greenfield” and designated as an Area of Amenity Importance. These reasons would apply regardless of the access arrangements and siting.

417 03/0682 by Fibrogen Ltd. For the variation of Condition 2 of permission 7/650/90 and conditions 2, 3 & 4 of permission 1999/0592 in order to allow the generation of electricity by burning UK OTMS MBM and tallow for up to 5 years, MBM and Feather Meal from UK, Republic of Ireland, France, Belgium, Holland and Denmark for up to 5 years, and poultry litter and other biomass fuels ie cocoa shell, sheanut meal, oil seed crushings, cereal grain and husks, coffee grinds and untreated wood chips at Fibrogen Ltd., Glanford Power Station, Eighth Avenue, Flixborough.

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

The applicant’s representative stated that the company was prepared to amend the application to restrict the import of fuels to the UK and Republic of Ireland only. He referred to correspondence sent to members of the committee and indicated that some of the contents of that letter were inaccurate. He explained that, by burning MBM, the company had met an urgent national need but the contract for this would end later in the year. The company had consulted with local residents, however only 90 people had attended an exhibition, of which eighty percent had been in favour of the company burning MBM rather than chicken litter. MBM produced no odour or plume and required fewer deliveries. The only alternative means of disposal was by landfill.

If this application was approved the company would withdraw application 03/0683 and the appeal in respect of 02/1694.

The objector was opposed to the use of materials from the EC countries listed including the Republic of Ireland. She claimed that controls in that country were less stringent than in the UK. The change from chicken litter to MBM had not reduced the amount of traffic.

Councillors Briggs and Smith, attending the meeting under the provisions of Procedure Rule 38 (b), spoke against the application.

Councillor Briggs referred to the proximity principle. Burning of MBM had
been permitted on a temporary basis to help deal with a national problem. However there was no longer any need for this. The power station should now revert to the use of chicken litter.

Councillor Smith urged members to refuse permission on environmental grounds.

The Director of Environment and Public Protection reminded members that the materials the company was asking to be permitted to burn were not infected by BSE.

Members of the committee were of the opinion that nothing had changed since the refusal of application 2002/1694 in February 2003 and therefore the application should be refused.

Resolved – That permission be refused for similar reasons as 2002/1694.

418 03/0682 by Fibrogen Ltd. For the variation of Condition 2 of permission 7/650/90 and conditions 2, 3 & 4 of permission 1999/0592 in order to allow the generation of electricity by burning biomass fuels at Fibrogen Ltd., Glanford Power Station, Eighth Avenue, Flixborough.

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

She pointed out that the application did not specify the types of biomass fuels to be burned. Granting this application would set a precedent for the use of imported waste from anywhere in the world. Poultry manure produced locally was being transported to Norfolk. This was not consistent with the proximity principle.

Councillor Briggs, attending the meeting under the provisions of Procedure Rule 38 (b), spoke against the application.

Members of the committee were of the opinion that nothing had changed since the refusal of application 2002/1694 in February 2003 and therefore the application should be refused.

Resolved – That permission be refused for similar reasons as 2002/1694.

419 (14) 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 permission for the removal of condition 3 imposed on permission 2000/0799 at Mash Enterprises, Humber Road, Barton–upon–Humber – Reference 02/0799 – Appeal Allowed – Application for costs Dismissed.

(ii) Against the refusal of permission for the erection of one detached house on a plot to the rear of Louvain Villa, Station Road, Ulceby – Reference 02/1322 – Appeal Dismissed.

(iii) Against the refusal of permission for the erection of a two-storey extension at 49 High Street, Owston Ferry – Reference 02/1595 – Appeal Dismissed

420 (15) 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.

421 (16) SUBMISSION OF MODIFICATION ORDERS TO THE SECRETARY OF STATE -DEFINITIVE MAP MODIFICATION (PUBLIC BYWAY OPEN TO ALL TRAFFIC 21, CROWLE) ORDER 2003 (1) & (2).

Prior to consideration of this item, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He claimed that, in seeking to add the byways open to all traffic to the Definitive Map, the council was attempting to downgrade their status, remove them from the List of Streets and evade its responsibility to maintain them.

The Director of Environment and Public Protection advised the committee that the council was required by law to add such byways to the Definitive Map where it discovered evidence that they were public rights of way. This did not mean that they could not also be on the list of publicly maintainable highways as both of the routes in question were. There was no intention to remove them from that list.

Recommended to Council – That the Definitive Map Modification (Public Byway Open to All Traffic 21, Crowle) Order 2003 (1) and the Definitive Map Modification (Public Byway Open to All Traffic 21, Crowle) Order 2003 (2) be referred to the Secretary of State for the Environment, Food and Rural Affairs with a recommendation that both orders be confirmed as made.