northlincs.gov.uk

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 take the minutes of the meeting held on 2 January 2004 and the Special Meeting held on 6 January 2004 as a correct record and authorise the chairman to sign.

PLANNING MATTERS

4. Applications deferred from previous meeting for site visits: –

(i) 03/1572 by Clifford Nicholson Trust No. 1 for the variation of condition 3 of permission 1998/1116 dated 18/11/1998 in order to extend the period for the submission of reserved matters on land North of Shepherds Cottage, Main Street, Horkstow.

(ii) 03/1573 by Clifford Nicholson Trust No. 1 for the variation of condition 3 of permission 1998/1113 dated 01/12/1998 in order to extend the period for the submission of reserved matters and condition 6 to allow access onto Chapel Lane at former smithy and joiners shop at the corner of Main Street/Chapel Lane, Horkstow.

(iii) 03/1574 by Clifford Nicholson Trust No. 1for the variation of condition 3 of permission 1998/1112 in order to extend the period for the submission of reserved matters on land at Marrows Gardens, Main Street, Horkstow.

(iv) 03/1604 by Applytime Ltd for the erection of two, three-storey blocks of flats to create 18 two-bedroom flats on site of Ashby Institute, Collum Avenue, Scunthorpe.

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

6. Appeals.

8. Application to divert part of Public Footpath 2, Alkborough.

9. Any other items, which the chairman 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), Bunyan, England, Grant, Holgate, Kirk, Rocks, Waldron, Whiteley and Wood.

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

The committee met at Pittwood House, Scunthorpe.

516 DECLARATIONS OF PREJUDICIAL AND NON-PREJUDICIAL PERSONAL INTERESTS AND DECLARATIONS OF SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) – The following members declared non-prejudicial personal interests as follows

The following members declared that they had been lobbied –

(Councillors Bunyan, England, Kirk, Long, Rocks, Wardle, Whiteley and Wood had previously (Minute 489) declared that they had been lobbied in respect of applications 03/1572, 03/1573 and 03/1574).

517 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 2 January, 2004 and the Special Meeting held on 6 January 2004, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman, subject to the correction of the minutes of 2 January by (i) the addition to Minute 489 of Councillor Long having been lobbied by Edwardson Associates in respect of applications 03/1572, 03/1573 and 03/1574, and (ii) Councillor Rocks being recorded as dissenting from the decision on Minute 495.

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

(i) 03/1572 by Clifford Nicholson Trust No. 1 for the variation of condition 3 of permission 1998/1116 dated 18/11/1998 in order to extend the period for the submission of reserved matters on land North of Shepherds Cottage, Main Street, Horkstow.

The Head of Service reported that the parish meeting had now advised that it had no objections to the application.

Moved by Councillor Long and seconded by Councillor Wood –

That condition 3 of permission2998/1116 be amended to extend the period for the submission of reserved matters by two years.

Motion Lost

Moved by Councillor Whiteley and seconded by Councillor Grant –

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

Motion Carried

(ii) 03/1573 by Clifford Nicholson Trust No. 1 for the variation of condition 3 of permission 1998/1113 dated 01/12/1998 in order to extend the period for the submission of reserved matters and condition 6 to allow access onto Chapel Lane at former smithy and joiners shop at the corner of Main Street/Chapel Lane, Horkstow

The Head of Service reminded members that Horkstow did not have a development boundary and therefore the site lay in open countryside as defined in the local plan. Therefore, only development which was essential for the needs of agriculture should be permitted. Members nevertheless felt that the site was a brownfield site and that this should carry more weight than the local plan policies.

Resolved – That condition 3 of permission2998/1113 be amended to extend the period for the submission of reserved matters by two years, the permission to be subject to the standard outline condition, the conditions attached to the original permission and a condition requiring the development to commence within two years of the date of this permission.

(Note: Councillor Rocks wished to be recorded as dissenting from this decision)

(iii) 03/1574 by Clifford Nicholson Trust No. 1 for the variation of condition 3 of permission 1998/1112 in order to extend the period for the submission of reserved matters on land at Marrows Gardens, Main Street, Horkstow.

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

(iv) 03/1604 by Applytime Ltd. For the erection of two, three-storey blocks of flats to create 18 two-bedroom flats on site of Ashby Institute, Collum Avenue, Scunthorpe.

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 stated that the proposal would meet the required standards regarding spacing of dwellings. There would not be any significant loss of amenity to neighbouring properties. There was a demand for small units of residential accommodation close to the centre of Ashby.

The Head of Service displayed a plan showing the height of the proposed buildings and existing neighbouring properties. He indicated that there were no “primary” windows proposed on the elevations facing Rosemount Drive, therefore there should be no loss of privacy to those properties.

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to an additional condition relating to floor levels.

519 (73) 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) 03/1318 by Mr H Chapman for the retention of the siting of a residential caravan for security purposes at North Killingholme Manor, East Halton Road, North Killingholme (subject to the amendment of condition 1 by the replacement of “31 January 2007” by “31 June 2005”).

(ii) 03/1397 by Mr P Wolstenholme for the conversion of barns to 4 residential units including associated extensions and alterations at Grove Farm, Medge Hall, Crowle

(iii) 03/1590 by Neighbourhood Services, North Lincolnshire Council for Advertisement Consent to display sponsorship signage at Highways Island, Luneburg Way/A1077, Flixborough.

(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 there were a number of such signs throughout North Lincolnshire without the benefit of planning permission. So far as this application was concerned, he believed that it should be refused on the grounds of road safety and amenity).

(iv) 03/1634 by Mr J Tierney for the erection of a two-storey extension at 4 Larch Grove, Scawby.

(v) 03/1718 by Mr and Mrs Sylvester for the erection of a two – storey extension at 122 Valley View Drive, Bottesford.

(vi) 03/1795 by Mr and Mrs Collinson for the retention of a 750 mm increase in ridge height to previously approved extension (2003/0625) at 9 Haxey Lane, Haxey.

(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 extension was out of character with surrounding properties. The plans submitted did not accurately reflect what had actually been built. Therefore the extension was unlawful and the council should take enforcement action.

The applicant indicated that the extension had been required to accommodate the needs of a child with special educational needs. No other neighbours objected. The plans as originally approved, did not allow sufficient space for a door.

Councillor Eckhardt, attending the meeting in accordance with the provisions of Procedure Rule 38 (b), expressed concern that the development was not in accordance with the original plans.

The Head of Service corrected the report by advising members that four letters of objection had been received, rather than three. A further late letter of objection had also been received from the same four objectors. The applicant had submitted amended plans as soon as the discrepancies with the original permission had been pointed out.)

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

(i) 03/1216 by Mr D A Revis for the retention of a mobile home already sited in connection with agriculture at Approach Farm, Sandtoft Road, Epworth .

(Prior to consideration of this application a representative of the applicant addressed the committee in accordance with the provisions of Procedure Rule 36(e). He stated that an agricultural appraisal had been carried out by the National Farmers Union and submitted to the council in December 2003. This addressed the relevant issues. The annual turnover of the business meant that it was a viable concern. The applicant had invested all of his savings into the business.

Councillors Briggs, attending the meeting in accordance with the provisions of Procedure Rule 38 (b), spoke in support of the application. He said that the applicant had many years of experience in running an agricultural business. The committee should consider granting permission for a temporary period.

The Head of Service advised members that the appraisal did not conclusively show that the business was viable. He also reminded them that the site was the subject of an enforcement notice requiring the removal of the mobile home by 16 December 2003.).

(ii) 03/1607 by Mr J Meagher for the erection of a detached house with garage on land east of 3 Cliff Road, Winteringham.

(Prior to consideration of this application a representative of the applicant addressed the committee in accordance with the provisions of Procedure Rule 36(e). He suggested that Cliff Road was a combination of single and two- storey buildings. Therefore it was impossible to come up with a design which would be in keeping with all properties in the area. The size of the proposed house was not too large for the plot as suggested by the objectors.

The Head of Service advised members that the application was for full planning permission as the plot was slightly different to that on which there was an outline permission. He was concerned that the house would lead to a loss of privacy for neighbours.)

(iii) 03/1640 by Chrysalis Homes for outline permission for the erection of four dwellings (including demolition of existing cottage and workshop buildings) on land at Carr Lane, Thealby, Burton–upon–Stather.

(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 stated that the site was a former builders yard in the “housing community” in Thealby. Permission had been granted in 1974 for a change of use from residential to an office. This current use did not accord with the council’s policies on sustainability and was detrimental to the community. As the site was brownfield permission should be granted to revert back to the former use.

The Head of Service reminded members that this was a resubmission of an application for which permission had been refused in 2003. Thealby was a rural hamlet. Therefore the fact that the site was “brownfield” was not sufficient to justify granting permission.)

(iv) 03/1672 by Mr and Mrs Thompson for the erection of a detached house with detached double garage on Land off Darby Road, Burton–upon–Stather.

(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 stated that the applicants had suffered vandalism on the site as a result of not being there for 24 hours a day. It was national policy to support rural regeneration. The application should be considered against national policies. It had the support of the local community.

Councillor Regan, attending the meeting in accordance with the provisions of Procedure Rule 38 (b), spoke in support of the application. He stated that the site was a genuine “brownfield” site. The council was falling behind targets for the re-use of such sites.

521 03/1701 by Mr and Mrs A Jenman for outline permission to erect a detached dwelling on land between 18–24 Brethergate, Westwoodside.

(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 stated that the plot was currently not being used. Permission had previously been granted but had now lapsed. The dwelling would sit comfortably within the plot. The previous application for the site had been turned down solely because it was contrary to the Local Plan. The applicants’ parents lived next to the site and for medical reasons the applicants needed to live close to them.

Councillors Briggs and Eckhardt, attending the meeting in accordance with the provisions of Procedure Rule 38 (b), spoke in support of the application. Councillor Eckhadt did not consider that the site was in open countryside. Four dwellings had recently been built to the east of the site. The application, which was supported by the parish council was a good use of unused land and was not an attempt to extend the development boundary. Councillor Briggs stated that he considered the site to be in the heart of the village.

The Head of Service drew the committee’s attention to the Inspector’s decision in relation to the appeal in respect of the refusal of outline permission for the site which had been dismissed in April 2003 and urged members to refuse the application in accordance with that decision. The committee however believed that the reasons put forward by the applicant and Councillors Briggs and Eckhardt outweighed the policy objections to the application.

Resolved – That permission be granted subject to standard conditions.

(Note: Councillors Kirk and Rocks wished to be recorded as dissenting from this decision)

522 03/1804 by C Dawson for the change of use of a showroom to a dwelling at Gas Showroom, Forrester Street, Brigg

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 only objection to the application was from the Environment Agency. There had been no flooding of the site in living memory. A flood risk assessment had been carried out as a result of which it was proposed to place electrical sockets no less than 600m from the floor and to provide an escape window in the roof space.

Members considered that the Highways Agency objection had been addressed by the applicants and that, subject to the works identified in the flood risk being carried out, the application was acceptable.

Resolved – That permission be granted subject to standard conditions and to conditions requiring alterations as identified in the flood risk assessment to be carried out and in relation to car parking.

523 03/1820 by North Lincolnshire Council for the construction of a facility to compost green waste (works comprising of paving, drainage, office and storage buildings, fencing, lagoon and weighbridge on land south side of Stather Road, Flixborough Industrial Estate, Flixborough.

Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 38 (b). He referred to a previous application which had been refused in 1998. He stated that the reasons for refusal on that occasion were still appropriate. The C105 was incapable of coping with any additional traffic.

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting.

03/1642 by Mr C Fletcher for the erection of three detached bungalows with integral garages on site of Wishing Well public house, Worlaby.

Resolved – That it be noted that this application has been withdrawn.

525 (74) APPEAL – against the refusal of outline permission for the erection of one detached bungalow at Westwood, land to the rear of Battle Green, Epworth – Reference 03/0604 – The Head of Planning and Regeneration submitted a report on the outcome of this appeal. The appeal had been dismissed..

Resolved – That the report be noted.

526 (75) ENFORCEMENT UPDATE – The Head of Planning and Regeneration 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

527 (76) APPLICATION TO DIVERT PART OF PUBLIC FOOTPATH 2, ALKBOROUGH – The Head of Planning and Regeneration submitted a report seeking approval to divert part of Public Footpath 2, Alkborough under Section 199 of the Highways Act, 1980

The path was approximately 1,975 metres long and ran from Alkborough to Whitton. Only approximately 120 metres of this was being considered for diversion The definitive line of Public Footpath 2 crossed over land within three different ownerships, all of whom were in agreement with the proposed diversion.

An adjacent landowner had agreed to a width of 2 feet for a length of approximately 43 metres of the proposed diversion route to be on land within his ownership.

Resolved – (i) That an order be made under section 119 of the Highways Act 1980 to divert a section of Public Footpath 2; (ii) that the order be confirmed if it is unopposed;(iii) that should the order attract irreconcilable objections or representations the matter be reported back to this committee, and (iv) 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 (Glanford Brigg) Definitive Map and Statement.