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 23 May 2003 as a correct record and authorise the chairman to sign.

Planning Matters

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

• 2003/0234 by Mrs K Stevenson for the erection of a house on land adjacent to Homefield Mill Lane, Goxhill.
• 2003/0141 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.
• 2003/0045 by Crowle Wharf Engineers Ltd for the erection of a workshop at Wharf Road, Ealand Industrial Estate, Ealand.
• 2003/0201 by Mr and Mrs I Hassan for the erection of ground floor and first floor extensions to a dwelling at 4 Lakeside Drive, Scunthorpe.

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

7. Applications for approval of reserved matters.

8. Enforcement Update.

9. Consultation by a neighbouring authority.

10. Joint Structure Plan for Kingston-upon-Hull and the East Riding of Yorkshire – Deposit Draft (January 2003).

Public Rights of Way Matters

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

12. Public Footpath 97, South Killingholme – Modification of Definitive Map and Statement.

13. Public Footpath 51, Goxhill – Modification of Definitive Map and Statement.

14. 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).

15. Legal Event Orders

Note: Extracts from the relevant legislation in respect of Items 11 – 15 are attached as an appendix.

16. 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), England, Glover, Grant, Holgate, Rocks, Todd, Waldron, Whiteley and Wood.

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

The committee met at Pittwood House, Scunthorpe.

392 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.

Councillors England, Grant, Holgate, Long, Rocks, Todd, Waldron, Whiteley and Wood declared that they had been lobbied by objectors in respect of application 2003/0045 (Minute 395 (iii) refers).

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

394 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 23 May, 2003, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

395(1) 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) 03/0234 by Mrs K Stevenson for the erection of a house on land adjacent to Homefield Mill Lane, Goxhill.

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 proposed house was too big for the location. Also, it bordered on an area designated in the Local Plan as being of amenity value. The applicant stated that she needed a five bedroom house because she had four teenaged children. The siting of the proposed house had been moved further from the boundary compared to the original plan. It would be screened by dense shrubs. The house would be constructed from materials in keeping with the locality.

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

(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.

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

She stated that the shop would only open at lunchtimes and early evenings. There were no plans to open during the late evenings. Whilst objectors had raised concerns about car parking, there was a car park only some 80 yards away. In the applicant’s opinion the area was predominantly commercial in character and there were no objections from immediate neighbours. Crowle had been identified as in need of regeneration. There were not enough fast food outlets and those that were there did not provide “traditional” fish and chips.

Councillor Briggs, attending the meeting in accordance with the provisions of Procedure Rule 38(b), spoke in support of the application. He considered that the site was in a commercial area and the proposed hours of opening were acceptable.

The Director of Environment and Public Protection informed the committee of a late representation in support of the application. He reminded members that the commercial area of Crowle was defined in the Local Plan. This site was not included in this area. The site was in a residential area. There was potential for cars to park outside the shop which was very close to a road junction.

Resolved – That permission be granted subject to a condition requiring that the permitted opening hours be in accordance with those described by the applicant.

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

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

The objector was concerned at the environmental impact of the proposed workshop. It would be noisy and would be visually intrusive. She was also concerned that there was a crumbling wall on the southern boundary of the site which presented a danger to her own property. Water cascaded from the site onto the objector’s land. No environmental assessment had been carried out.

The applicant stated that the proposal had been discussed with the objector and the proposal had been amended to meet her concerns. There was an existing industrial use of the site. The proposed workshop would enhance the industrial estate.

Resolved – That permission be granted in accordance with the recommendation, subject to additional conditions requiring the (i) provision of a fence between the car park and the building, and (ii) that no part of the building be less than 2.45 metres from the southern boundary of the site.

(iv) 02/0201 by Mr and Mrs Hassan for the erection of ground floor and first floor extensions to a dwelling at 4 Lakeside Drive, Scunthorpe.

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

396 (2) 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) 02/1158 by Mr B Askham for the siting of a temporary farm dwelling at Willow Farm, Wroot Road, Epworth.

(ii) 02/1159 by Mr B Askham for the siting of a spawn running shed in conjunction with mushroom growing at Willow Farm, Wroot Road, Epworth.

(iii) 02/1159 by Mr B Askham for construction of an access road at Willow Farm, Wroot Road, Epworth.

(iv) 03/0020 by Flixborough Wharf Ltd., for the construction of a jetty extension to the existing wharf and single-storey building to provide a workshop/substation and tackle store at Flixborough Wharf Ltd., Second Avenue, Flixborough.

(v) 03/0167 by Mr and Mrs H Leonard for extensions and alterations to a dwelling at 10 Willow Grove, Scawby

(Prior to consideration of this application, the applicant’s agent addressed the committee in accordance with the provisions of Procedure Rule 36 (e). In relation to the four points raised by objectors, as summarised in the report, he stated that the proposed floor space had been reduced by 20 per cent from the original proposal. The roof was no higher than that of the existing bungalow, and there was a mix of house types in the area. There was no intention to use either the original building or the extension for anything other than domestic purposes. The conservatory had been removed from the application).

(vi) 03/0253 by Crowle Town Council for the erection of a sports changing room and club house and the provision of car parking at The Playing Field, Godnow Road, Crowle.

(Prior to consideration of this application, the Director of Environment and Public Protection informed the committee of a request from an objector for the application to be deferred as he wished to speak on the application. The Director stated that the objector had been given the usual period of notice of when the application was to be heard and it was not normal practice to defer applications in these circumstances.)

(vii) 03//0281 by Mr J Andrew for the erection of a detached house at West End Farm, West Street, Hibaldstow.

(viii) 03/0299 by Oakdale Developments for the erection of a detached bungalow with double garage, swimming pool, and associated outbuildings on Plot 3, land off Middlegate Lane, Melton Ross.

(Prior to consideration of this application, an objector and the applicants’ agent addressed the committee in accordance with the provisions of Procedure Rule 36 (e). The objector stated that the proposed development had increased in size since the original application. It would be of an excessive size for the plot and would be out of keeping with the locality. The plot was elevated above the height of the objector’s property. The proposed swimming pool was within three metres of the objector’s property.

The agent stated that the proposal formed part of an overall development of 4 units. The applicant’s wife had a degenerative muscle condition and would benefit from swimming. The development would be single – storey. Whilst the distance between the proposed buildings and the boundary with the objector’s property would only be 5 metres, the distance to the objector’s house would be 22 metres. The applicant would be happy to agree a landscaping scheme.

(ix) 03/0434 by Mr T Laming for the erection of 2 metre high boundary walls facing Queen Street at 24 Queen Street, Kirton-in-Lindsey.

(x) 03/0585 by Mr G Fagan for the erection of a lean-to conservatory at the front of dwelling at White House, West End, Winteringham .

(xi) 03/0625 by Mr and Mrs Collinson for the construction of a first floor extension and change of roof pitch at 9 Haxey Lane, Haxey.

(Prior to consideration of this application, the Director of Environment and Public Protection advised the committee of an additional late letter of objection)

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

(i) 02/0292 by Mr A A Rush for the erection of 1 detached 4-bedroom house and 2 detached 4-bedroom houses with garages and associated access on land to the north of Front Street, Ulceby

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

He claimed that he had been advised by an officer that 3 dwellings would be acceptable on the site.

The Director of Environment and Public Protection advised the committee that advice was always given on a “without prejudice” basis. Adopted planning policy clearly suggested that greenfield sites such as this one should not be developed when there was adequate land already available for housing in the area and in the absence of a sequential test to demonstrate otherwise.

(ii) 03/0544 by Mr T Horscraft for the erection of a two -storey extension to a dwelling at Hillside Cottage, 4 Saxby Hill, Saxby All Saints.

(Prior to consideration of this application, the applicant addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He explained that the extension was required to accommodate his young family. He would have been allowed to build the extension prior to the introduction of the North Lincolnshire Local Plan but had not had the funds available until recently).

(iii) 03/0547 by Littlefield Properties for the erection of three detached houses and garages on land adjacent to the primary school, Church Lane, Ulceby.

(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 development would lead to overlooking and loss of privacy and pointed out that this was a greenfield site.)

(iv) 03/0588 by Mr M Robinson for the erection of a bungalow at 668C Overton Court, Barton-upon-Humber.

The Director of Environment and Public Protection advised the committee of the contents of a letter from the applicant’s agent explaining why he could not attend to present his client’s case and setting out arguments in favour of the proposal.

398 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, East Lound, Haxey.

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, although the application was for one unit, the applicant intended to place 20 poultry shelters on this site.

Resolved – That a Certificate of Lawfulness be issued in respect of the proposed development (one poultry shelter), and that the applicant be advised at the same time that this decision does not imply agreement with his contention that placing 20 shelters on the land is therefore lawful as well.

399 03/0487 by Leisure Park Management Ltd for a Certificate of Lawfulness for an existing use as a caravan and leisure park.

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

The objector questioned the validity of the application. He did not believe that there was sufficient clear and unambiguous evidence to substantiate the applicant’s case.

The agent reminded the committee that this was not a planning application. The committee had to decide whether, on the balance of probability, the use had been taking place since 1988 as claimed by the applicant.

Resolved – That a Certificate of Lawfulness be issued in respect of the proposed development, namely the use of land as a caravan and leisure park in accordance with the 1988 planning permission.

400 03/0617 by Mr I Shipley for the erection of a detached bungalow and garage (re-submission of 2002/1908 refused on 17 March 2003)

Prior to consideration of this application, the applicant’s agent addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He stated that the site had had the benefit of outline permission granted in 1997. The applicant had applied for the renewal of the outline permission in May 2002. At that time the application was in accordance with the adopted development plan. The development would not prejudice the housing strategy for North Lincolnshire and would not set a precedent. The applicant was currently living in a mobile home on the site and potentially faced enforcement action if he was not allowed to build

The committee took the view that permission should be granted in view of the planning history of the site, it’s infill nature and the fact that the circumstances were unlikely to be repeated in future and therefore no precedent would be set.

Resolved – That permission be granted subject to the standard time limit condition and to conditions relating to facing materials, access and parking and turning.

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

(i) 03/0276 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

(Prior to consideration of this application and 03/0277, the applicant addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He stated that the fence was 1.8 metres in height rather than 3 metres. There were no objections from neighbours or the parish council.)

(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.

(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, the applicant and an objector addressed the committee. The applicant stated that the site had been the family home. Until the recent adoption of the North Lincolnshire Local Plan the site had been within the development limit. Its exclusion from the limit in the adopted plan was an anomaly.

The objector stated that the proposal was contrary to the local plan and the Appleby Village Design Statement. It fulfilled none of the criteria for an exception to the provisions of policy ST3 which restricted development in the open countryside.

402 (3) 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 two applications 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 applications in accordance with the recommendations contained in the reports.

(i) 03/0300 by Mr T Sleight in respect of outline permission 02/1018 dated 30 August 2002 for the erection of a dwelling.

(ii) 03/0449 by Kapil Care Homes in respect of outline permission 199/0534 granted on appeal on 2 May 2000 for the erection of a residential care home on land off Carisbrooke Manor Lane, Burringham

(Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He had no objection in principle to the development but there should be conditions attached to protect the safety of residents and staff.)

403 (4) 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.

404 (5) CONSULTATION BY EAST RIDING OF YORKSHIRE COUNCIL – DC/03/01987 by National Wind Power Ltd. for development of a wind farm, including 16 wind turbines (maximum total height 125m), control building, electrical compound and 2 anemometry masts on land to the south of A161,Goole Fields, Goole, East Riding of Yorkshire.

The Director of Environment and Public Protection submitted a report informing the committee of an application on which the council had been consulted by a neighbouring authority.

Councillor Briggs, attending the meeting in accordance with the provisions of Procedure Rule 38 (b), spoke on this item.

Resolved – (a) That East Riding of Yorkshire Council be informed that this council raises no objections to the proposal, and (b) that both authorities continue to monitor the effect of this and other applications in meeting regional renewable energy targets.

405 (6) JOINT STRUCTURE PLAN FOR KINGSTON – UPON – HULL AND THE EAST RIDING OF YORKSHIRE – DEPOSIT DRAFT (JANUARY 2003) – The Director of Environment and Public Protection submitted a report informing the committee of the issues arising from this document which affected North Lincolnshire and of comments which had been submitted to Kingston-upon-Hull City Council and East Riding of Yorkshire Council.

Resolved – (a) That the report be noted, and (b) that the comments made be endorsed.

406 (7) PUBLIC PATH DIVERSION ORDERS -PUBLIC FOOTPATHS 65 AND 71, EPWORTH –Further to Minute 130, the Director of Environment and Public Protection submitted a report seeking approval to send two orders, to which objections had been received, to the Secretary of State for confirmation.

Prior to consideration of the matter, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He claimed that he owned the hedge along which Footpath 65 would run and was concerned about potential liability. There was a better alternative route available.

The Director reported that only one objection had been received in respect of each of the orders. Since the matter could not be resolved locally, the decision should be made by the Secretary of State.

Recommended to Council – That both orders be submitted to the Secretary of State with a recommendation that they be confirmed.

(8) PUBLIC FOOTPATH 97, SOUTH KILLINGHOLME – MODIFICATION OF DEFINITIVE MAP AND STATEMENT – The Director of Environment and Public Protection submitted a report seeking approval to make two definitive map modification orders in respect of Public Footpath 97, South Killingholme. The orders would amend the line of part of the path to that which had been walked since the nineteenth century.

Recommended to Council – (a) That an order be made under section 53 of the Wildlife and Countryside Act 1981 to modify the definitive map and statement by adding a public footpath along the outside eastern boundary of the property known as Charnmill, in accordance with the route indicted in Appendix 3; (b) that if the above order is to be confirmed, a further order be made under section 53 of the Wildlife and Countryside Act 1981 to modify the definitive map and statement by deleting the length of Public Footpath 97 through the property known as Charnmill, in accordance with the route indicated on Appendix 3; and (c) that if duly served objections prevent the confirming of either order, a further report be submitted to the committee.

408 (9) PUBLIC FOOTPATH 51, GOXHILL – MODIFICATION OF DEFINITIVE MAP AND STATEMENT – The Director of Environment and Public Protection submitted a report seeking approval to make two definitive map modification orders in respect of Public Footpath 51, Goxhill. The orders would correct an anomaly between the Definitive Map and the Definitive Statement and bring the route of part of the path into line with that shown on various maps dating back to 1907.

Recommended to Council – (a) That an order be made under section 53 of the Wildlife and Countryside Act 1981 to modify the definitive map and statement by adding a public footpath along a line that corresponds with the Ordnance Survey First Edition National grid 1:10,000 Map in respect of the east to west section of Public Footpath 51, Goxhill; (b) that if the above order is to be confirmed, a further order be made under section 53 of the Wildlife and Countryside Act 1981 to modify the definitive map and statement by deleting existing east to west section of Public Footpath 51, Goxhill; and (c) that if duly served objections prevent the confirming of either order, a further report be submitted to the committee.

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

Resolved – That consideration of this item be deferred until a future meeting.

410 (11) LEGAL EVENT ORDERS – Resolved – That consideration of this item be deferred until a future meeting.