Planning Committee – 23 May 2003

Chair: Councillor Wardle

Venue: Pittwood House, Ashby Road, Scunthorpe

Time: 2pm

AGENDA

1. Substitutions.

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

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

4. To take the minutes of the meeting held on 25 April 2003 as a correct record and authorise the chair to sign.

Planning Matters

5. Application Deferred from Previous Meeting for a Site Visit – 2003/0171 by Mr P J Brumpton for the erection of a commercial workshop at 46 South View, Broughton

6. Planning and other Applications for Determination by the Committee.

7. Applications for approval of Reserved Matters following the grant of Outline Permission.

8. Appeals.   

9. Enforcement Update.

10. Statistics of Planning Applications: January – March 2003 and Year 2002/2003.

Public Rights Of Way Matters

11. Application to divert part of Public Footpath 92, Haxey.

12. Public Path Diversion Orders – Public Footpaths 65 and 71, Epworth.

13. Footpath between Commonside and Publiic Footpath 100 -Westwoodside, Haxey.

Note: Extracts from the relevant legislation in respect of the above reports (Items 11 to 13 are attached as an appendix).

14. 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), Bunyan, England, Grant, Holgate, Rocks, Todd, Waldron, Whiteley and Wood.

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

The committee met at Pittwood House, Scunthorpe.

377 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. Councillor Holgate declared that he had been lobbied by both the applicant and an objector in respect of application 2003/0333 (Minute 381 (i) refers).

378 REQUESTS TO SPEAK – PROCEDURE RULE 36(e) – It was reported that twenty four 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.

379 MINUTESResolved – That the minutes of the proceedings of the meeting held on 25 April, 2003, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

380 (85) APPLICATION DEFERRED FROM PREVIOUS MEETING – 03/0171 by Mr P J Brumpton for the erection of a commercial workshop at 46 South View, Broughton – 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 this application, the applicant addressed the committee in accordance with the provisions of Procedure rule 36 (e). He stated that the proposed workshop would replace an existing workshop and shed on the site. The workshop would not produce large quantities of doors and windows. There were other properties nearby with outbuildings. The applicant had carried out extensive tree planting to screen the site. The neighbours and the town council supported the application.

The Director of Environment and Public Protection stated that the important issue was not the design of the proposed workshop but the fact that the proposal was for a business use in a residential area. Whilst there were other outbuildings in the street, these were purely for domestic use.

Members however, considered that the application was acceptable.

Resolved – That permission be granted subject to conditions (i) restricting working hours in accordance with those proposed by the applicant; (ii) ensuring that all materials are stored inside the workshop and that the area outside the workshop is kept free for loading and unloading of vehicles; (iii) limiting the use to joinery and the manufacture of doors and windows, and (iv) requiring development to commence within five years of the grant of permission.

381 (86) 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) 02/1039 by Mr B Matthews for the erection of 30 residential units with associated access at Former Social Club, Maltkiln Road, Barton-upon-Humber.

(ii) 02/1541 by Persimmon Homes (East Yorkshire) Ltd. for the erection of 116 3 and 4 bedroom dwellings and associated garages/parking on land off Timberlands, Scunthorpe.

(subject to an additional condition relating to an archaeological survey).

(Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). She stated that the larger housing site, of which the present site formed a part, was being developed in a piecemeal manner. She alleged that consultation on the proposal had been inadequate. She was concerned at the impact the development would have on local infrastructure. She claimed that there was adequate housing locally to meet current needs and questioned whether any of the proposed houses could be described as “affordable”.

The Director of Environment and Public Protection stated that the site was part of a committed site for housing in the North Lincolnshire Local Plan. So far as infrastructure was concerned, the relevant statutory bodies had been consulted and had not objected. The developer had agreed to provide ten “affordable” homes as part of the development).

(iii) 02/1654 by Queen Street School Preservation Trust for Listed Building Consent for the conservation and repair of the former school and demolition of later additions at Queen Street, Barton-upon-Humber.

(Prior to consideration of this application and the following application, 02/1656, a representative of the applicants addressed the committee in accordance with the provisions of Procedure Rule 36 (e).) Councillor Appleyard, attending the meeting in accordance with the provisions of

Procedure Rule 38(b) spoke in support of the application.

(iv) 02/1656 by Queen Street School Preservation Trust for the conservation and repair of the former school and demolition of later additions and construction of a community information and learning centre to the rear, at Queen Street, Barton-upon-Humber (subject to an additional condition relating to an archaeological survey).

(v) 02/1682 by North Lincolnshire Council for the construction of a visitor centre at Waters Edge, Maltkiln Road, Barton-upon-Humber (subject to an additional condition requiring that no development take place until a flood risk assessment has been completed).

(vi) 03/0057 by Fairclough Homes ltd. for the erection of 93 dwellings (substitution of previously approved plots) on land at Studcross, Epworth.

(vii) 03/0063 by Mash Enterprises for the erection of 30 dwellings with garages, parking spaces and means of access on land east of Humber Road, Barton-upon-Humber (subject to the amendment of condition 2 to read ” …. received by the Local Planning Authority on 15 May 2003″

Councillor Appleyard, attending the meeting in accordance with the provisions of Procedure Rule 38(b), spoke against this application and in support of the Town Council’s comments.

(viii) 03/0103 by Mr R Credland for the erection of 3 houses with garages and the change of use of a workshop to a double garage on land off Castledyke West, Barton-upon-Humber.

(ix) 03/0107 by Mr R Coddington for the removal of condition 1 of permission 2001/1297, requiring the use of the premises as a taxi office to be discontinued by 31 January 2003, at 4 Collum Lane, Scunthorpe.

(x) 03/0179 by Mr and Mrs Smithson for the change of use of a barn to a dwelling (renewal of permission 98/0294) on land adjoining Campbell Farm, Old Village Street, Gunness.

(Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). She stated that the use would result in overlooking of her property. She also objected on the grounds of road safety, claiming that the proposed development was very close to an “s-bend”. The development would be tandem development.

The Director of Environment and Public Protection stated that the issue of loss of light had been addressed at the time that permission had been granted for the neighbouring bungalow. There would be parking space available next to the barn. The traffic at this location was generally local traffic, therefore drivers would be aware of the bend.

(xi) 03/0222 by Kirton Plastering Ltd. for the change of use from mixed use of offices, storage and two first floor flats to two semi-detached dwellings and the erection of associated garages, access and parking on land to the west of
1 Gainsthorpe Road, Kirton-in-Lindsey.

(xii) 03/0351 by Mr D P Taylor and Miss E P Wyld for the erection of a two-storey extension at 11 Flixborough Road, Burton-upon-Stather.

(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 stated that the proposed extension would be in keeping with the locality and had the support of the parish council. The objector objected on three grounds. Firstly the extension would be too close to the objector’s wall and would make it difficult to maintain that wall. Secondly it would block daylight to the objector’s property. Thirdly the proposed roof type would be overpowering and should be a standard gable design).

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

(i) 03/0333 by Eastfield Developments Ltd. for the erection of 3 short wave amateur radio masts (resubmission of 2002/1910) on land at 50 High Street, Haxey.

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

The objector stated that the masts would be in open countryside outside the development limit of the village. They would be over 50 metres high and would adversely affect the appearance of the site. They could also create interference to TV and radio signals.

The agent contended that the masts would be well screened. PPG 8 encouraged radio amateurs. The proposal with the proposed landscaping scheme would enhance the former industrial site.)

(ii) 03/0410 by Mr G Turner for the erection of a detached 4 bedroomed house with integral garage (re-submission of refusal 2002/1169) on land off West Street, Hibaldstow.

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

The objector referred to previous refusals and stated that there had been no change of circumstances.

The agent requested that the application be deferred. The previous refusal had been on the grounds of highway safety alone. The council’s Highways team had not objected on this occasion. The committee should be aware of the contents of all the relevant correspondence before determining the application.

The Director of Environment and Public Protection stated that, whilst the Highways Team no longer objected to the proposal, the previous refusal on highways grounds had been upheld on appeal. Nothing had changed.)

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

(i) 03/0045 by Crowle Wharf Engineers ltd for the erection of a workshop at Wharf Road, Ealand Industrial Estate, Ealand

(ii) 03/0141 by Mrs Y Arrand for the change of use of a hairdresser’s to a chip shop, including associated repairs to the building at former Krimpers Design For Hair, 152 High Street, Crowle.

(iii) 03/0201 by Mr and Mrs I Hassan for the erection of ground floor and first floor extensions to a dwelling at 4 Lakeside Drive, Scunthorpe.

(Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). he asked members to undertake a site visit)

(iv) 03/0234 by Mrs K Stevenson for the erection of a house on land adjacent to Homefield Mill Lane, Goxhill.

384 Resolved -That consideration of the following applications be deferred

(i) 02/1407 by Lakeside Partnership Ltd for the construction of a 6.75 m wide spine road, approximately 720 m in length, and two 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.

(ii) 03/0231 by Mr V Wardle for a certificate of Lawfulness for the proposed stationing of a mobile poultry shelter on agricultural land on land at Carr Lane, Eastlound , Haxey

385 (86) APPLICATION FOR APPROVAL OF RESERVED MATTERS FOLLOWING THE GRANT OF OUTLINE PERMISSION03/0140 relating to Outline Permission 2002/0881 for the erection of a detached 5-bedroom house with detached double garage on land fronting 12 Akeferry Road, Westwoodside – The Director of Environment and Public Protection submitted a report informing members about this 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 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 in accordance with the recommendation contained in the report.

386 (87) 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 to retain a blockwork building already erected for mixed domestic/agricultural use and the retention of use of land within a domestic curtilage – land to the rear of Edley Manor, Belton Road, Beltoft – 2002/1505 -Appeal dismissed.

(ii) Against the refusal of outline permission for two building plots at The Old Vicarage, Church Street, Crowle – 2002/0018 -Appeal Dismissed

(iii) Against the refusal of outline permission for residential development on plots of land adjacent to 36,76 and 81 Westgate Road, Belton – 2002/0131;2002/0132 and 2002/0133 -Appeals Dismissed.

(iv) Against the refusal of permission for the retention of timber stables and front boundary fence and the retention of domestic curtilage at 2 The Nooking, Haxey -2002/0364 – Appeal Dismissed.

(v) Against the refusal of outline permission for the erection of one detached dwelling on land adjacent to 24 Brethergate, Westwoodside – 2002/0721 -Appeal Dismissed.

(vi) Against the refusal of permission for the retention of a timber sectional garage at 14 Rookery Croft, Epworth -2002/0896 – Appeal Dismissed.

Resolved – That the report be noted.

387 (88) 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.

388 (89) STATISTICS OF PLANNING APPLICATIONS – JANUARY – MARCH 2002 AND FOR THE YEAR 2002/2003 – The Director of Environment and Publication Protection submitted a report informing members of the council’s performance in handling planning applications in the first quarter of 2003 and overall in the year 2002/03.

Resolved – that the report be noted.

389 (90) APPLICATION TO DIVERT PART OF PUBLIC FOOTPATH 92, HAXEY –The Director of Environment and Public Protection submitted a report seeking approval to divert part of Public Footpath 92, Haxey in the interests of the landowner.

The British Horse Society, The Ramblers’ Association, The Lincolnshire Fieldpaths Association and Haxey Parish Council had already been consulted to gauge their initial reaction. None had objected to the proposal.

Recommended to Council – (a) That an order be made under section 119 of the Highways Act 1980 to divert Public Footpath 92; (b) that the order be confirmed if it is unopposed; (c) that the matter be brought back to the committee if the order attracts irreconcilable objections or representations; and (d) that if the order is confirmed, a further order be made under the Wildlife and Countryside Act 1981 to modify the County of Lincoln – Parts of Lindsey (Isle of Axholme) Definitive Map and Statement.

390 (91) PUBLIC PATH DIVERSION ORDERS – PUBLIC FOOTPATHS 65 AND 71, EPWORTHResolved – That this item be deferred to enable the Director of Environment and Public Protection to make corrections to the report and to submit the relevant plans.

391 (92) FOOTPATH BETWEEN COMMONSIDE AND PUBLIC FOOTPATH 100, WESTWOODSIDE, HAXEY – The Director of Environment and Public Protection submitted a report seeking approval to make a modification order to add a 74 metre long public footpath to the County of Lincoln -Parts of Lindsey (Isle of Axholme) Definitive Map and Statement

The Council as the surveying authority had a statutory duty to keep the definitive map and statement under continuous review. This included adding to the map any public footpath presently not recorded.

Evidence had come to light to show that a 74-metre-long footpath between Commonside and Public Footpath 100 (the footpath from Upperthorpe Hill to Carpenters’ Arms on Newbiggin) should be added to the County of Lincoln – Parts of Lindsey (Isle of Axholme) Definitive Map and Statement (Appendixes 1 and 2).

There had been no opposition from landowners or residents to the inclusion of the footpath on the Definitive Map.

Recommended to Council – (a) That a modification order be made to add an approximately 74-metre-long public footpath to the County of Lincoln – Parts of Lindsey (Isle of Axholme) Definitive Map and Statement; (b) that if no objections are duly served following advertisement of the order, the Director of Environment and Public Protection be permitted to confirm the order; and (c) that if objections duly served are not withdrawn, a further report be submitted to members before further action is taken.