Planning Committee – 6 January 2004 – Special Meeting

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

1. Substitutions.

2. Declarations of prejudicial or non-prejudicial personal interests, if any.

3. North Lincolnshire Local Plan – Conservation Area Appraisals.

4. Supplementary Planning Guidance: –

(i) Affordable Housing;

(ii) Developer Contributions to Schools;

(iii) Provision of Open Space in New Housing Developments;

(iv) Trees and Development.

5. Regional Planning Guidance for Yorkshire and the Humber (RPG12)
– Selective Review.

6. Draft Development Brief – Brigg North.

7. Planning Policy Statement (PPS) 11 – Regional Spacial Strategy.

8. PPS 12 – Local Development Frameworks.

9. PPS 7 – Sustainable Development in Rural Areas.

10. Local Development Framework – Members’ Seminar

11. North Lincolnshire Local Plan Customer Survey.

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


PRESENT: – Councillor Wardle in the chair.

Councillors Long (vice-chairman), Appleyard, England, Grant, Kirk, Rocks, Sherwood, Waldron, Whiteley and Wood.

Councillor Eckhardt attended the meeting in accordance with the provisions of Procedure Rule 38 (b).

The committee met at Pittwood House, Scunthorpe.



Member Minute Item Nature of Interest
Councillor Sherwood 509 Draft Development Brief – Brigg North Owner of Business Premises referred to in Brief

(59) NORTH LINCOLNSHIRE LOCAL PLAN – CONSERVATION AREA APPRAISALS – The Head of Planning and Regeneration submitted a report inviting the committee to recommend the adoption of Supplementary Planning Guidance for three Conservation Areas in North Lincolnshire, together with amendments to the boundaries of those areas and the making of Article 4 Directions to control alterations to properties in those areas.

A review of the council’s 17 Conservation Areas had been undertaken by external consultants and completed in May 2002. Draft Supplementary Guidance had been prepared for each area, comprising in each case of an appraisal of the area’s character and planning guidance.

The council had resolved to use the draft documents as interim policy statements for development control purposes.

Three areas, Brigg, Epworth and Saxby–all–Saints, had been chosen as pilots to find out how long it was likely to take to put all the appraisals, and the designation of a conservation area at Thornton Curtis, to the public. Consultation had been undertaken in line with that carried out for the local plan.

The pilots had shown that it would take approximately three years to complete the process. However slippage could result in this extending to five to six years by which time it would be necessary to consider reviewing the areas again.

As a result of this additional resources had been brought in and consultation exercises were being undertaken every two weeks.

The consultants undertaking the appraisals had been asked to review the boundaries of each of the areas. As a result additions and deletions were now proposed.

Article 4(2) of the Town and Country Planning (General Permitted Development) Order 1995 removed permitted development rights to occupiers of residential properties in accordance with paragraph (5) of the Order. Occupiers affected by a Article 4(2) direction would have to apply for planning permission for alterations to the front elevation and roofs of their properties. This did not necessarily mean that permission would be refused but any proposal would be judged on its impact on the Conservation Area. Such applications would not attract a planning fee. Such Article 4 Directions were considered essential for the purposes of managing Conservation Areas.

Currently there is no Article 4 Direction in Epworth. An Article 4 Direction already covered part of the Brigg Conservation Area and the Saxby-all-Saints Conservation Area.

Appended to the report were Conservation Area Appraisals and draft Supplementary Planning Guidance for each of the three pilot areas.

Recommended to Council – (a) That the Conservation Area Appraisals and Supplementary Planning Advice Documents for the Brigg, Epworth and Saxby All Saints Conservation Areas be adopted as Supplementary Planning Advice showing conformity with the provisions of the local plan; (b) that these documents be used to inform the development process as it affects these Conservation Areas and as guidance documents for Town Planning Purposes; (c) that the actions for each Conservation Area as detailed in each Conservation Area Appraisal as summarised in Appendix 3 to this report be noted as contributing toward the positive management of the conservation areas concerned; (d) that the Conservation Area boundaries for Brigg, Epworth and Saxby All Saints as detailed in this report be amended (see again Appendix 3), and (e) some minor works of alteration to residential properties be brought into planning control through the making of Article 4(2) Directions as detailed in this report (see again Appendix 3) so as to better preserve and enhance the character and appearance of those areas.

504 (60) SUPPLEMENTARY PLANNING GUIDANCE – AFFORDABLE HOUSING – Resolved – That consideration of this item be deferred to be considered at a seminar to which all members of the council are to be invited.

505 (61) SUPPLEMENTARY PLANNING GUIDANCE – DEVELOPER CONTRIBUTIONS TO SCHOOLS – Resolved – That consideration of this item be deferred to be considered at a seminar to which all members of the council are to be invited.

506 (62) SUPPLEMENTARY PLANNING GUIDANCE – PROVISION OF OPEN SPACE IN NEW HOUSING DEVELOPMENTS – Resolved– That consideration of this item be deferred to be considered at a seminar to which all members of the council are to be invited.

507 (63) SUPPLEMENTARY PLANNING GUIDANCE – “TREES AND DEVELOPMENT” – Resolved – That consideration of this item be deferred to be considered at a seminar to which all members of the council are to be invited.

508 (64) REGIONAL PLANNING GUIDANCE FOR YORKSHIRE AND THE HUMBER (RPG12) – SELECTIVE REVIEW – The Head of Planning and Regeneration submitted a report informing the committee of the forthcoming public examination into this selective review and seeking approval for officers to represent the council at the examination hearing.

The council had been consulted on proposed changes to selected topic areas of Regional Planning Guidance (RPG). The subject areas for review included Rural Regeneration, Coastal Issues, Cultural Heritage, Tourism, Regional Transport Strategy, Climate Change, Flood Risk, Renewable Energy and Economy.

The council had responded to a pre-consultation exercise in March 2003 and to formal consultation in September 2003. As a result of these representations the council had been invited to attend the public examination into the selective review commencing on 17 February 2004.

The council had been invited to attend the examination into matters relating to Renewable Energy, Transport, Sustainable Waste Management and Flood Risk. The public examination afforded the opportunity for the council to shape and influence regional policy which would provide the statutory framework for local planning policy preparation. It was considered appropriate that Officers attend to give evidence at the examination on Renewable Energy, Waste Management and Flood Risk Issues and to provide written evidence on matters relating to Transport.

Recommended to Council – That the Head of Planning and Regeneration be authorised to prepare and give evidence to the RPG public examination, and (b) that the Head of Planning and Regeneration be granted delegated powers, in consultation with the Chairman and Vice-Chairman of the Planning Committee and one member of the Labour Group, to determine the content of the council’s evidence.

509 (65) DRAFT DEVELOPMENT BRIEF FOR BRIGG NORTH – The Head of Planning and Regeneration submitted a report inviting the committee to recommend approval of the Development Brief for Brigg North for public consultation and its use for development control purposes when determining planning applications.

The site the subject of the brief was located to the north of Brigg Town Centre, between the edge of the built up area and the M180. It consisted of two separate sites adjacent to each other, the first of which, Ancholme Park covered an area of 10.95 hectares and the second of which, Western Avenue, covered 7.2 hectares.

The North Lincolnshire Local Plan allocated the western portion of the Ancholme Park site for a new primary school for Brigg and eastern portion for an estimated 78 dwellings. The Western Avenue site was entirely allocated for an estimated 216 dwellings.

The purpose of the brief was to promote the development of the site as it was strategically important in terms of allowing for the controlled expansion of Brigg. The primary objectives of the brief related to stimulating interest from developers, establishing the councils’ expectations for the development of the site and identifying the constraints affecting the site.

The brief showed where around 300 new homes could be built and where associated open space and community facilities, such as the new primary school, would be sited. It also showed how these would be linked by a new access road, streets, cycleways and footpaths. The brief also set out standards that would be expected for how the site could be developed.

This was a draft brief on which comments from the public and key stakeholders would be invited over a six week period. It would be revised in the light of comments received and then be published for wider public consultation for a further six week period. The brief would then be adopted as Supplementary Planning Guidance to the adopted North Lincolnshire Local Plan.

The draft brief was appended to the report.

Recommended to Council – (a) That the Draft Brigg North Development Brief be the subject of public consultation in February/March 2003; (b) that the Draft Brief be used for development control purposes when determining planning applications, and (c) that the results of the public consultation exercise be reported to a future meeting of the Planning Committee

510 (66) CONSULTATION ON PLANNING POLICY STATEMENT 11 (PPS11) – REGIONAL PLANNING – The Head of Planning and Regeneration submitted a report inviting approval to forward comments on PPS11 to the Office of the Deputy Prime Minister (ODPM).

The ODPM had issued a draft PPS11 Regional Planning and was seeking comments by 19 January 2004. The PPS set out the procedural policy on the nature of Regional Spatial Strategies and the requirements for reviewing them. The main principles were to better deliver policy at the regional level by:

(i) making RSS a statutory document with which the new Local Development Documents have to be in general conformity:

(ii) ensuring future changes are produced on the basis of partnership working and community involvement;

(iii) making RSS more regionally and sub-regionally specific, focussing on implementation and subject to a statutory annual monitoring report; and

(iv) better integration with other regional strategies.

The RSS would not be site specific but would contain locational criteria appropriate to regionally or sub-regionally significant housing, business, retail and leisure uses, or to the location of major new inward investment sites. The policy statement emphasises the importance of RSS in terms of the distribution of housing down to district level. This was similar to the role of current structure plans which RSS would replace.

Whilst there had always been (and quite rightly) some input into regional planning and this might become more important with RSS which will be more prescriptive, it was important to recognise the potential resource implications. It was suggested that the council should convey its concerns regarding the impact on resources particularly in view of the time scales imposed on preparing Local Development Frameworks (LDFs) and the investment required in carrying out appropriate consultation.Recommended to Council – That the ODPM be informed of this Councils concern with regard to the potential impact on current resources, which are likely to be stretched in meeting LDF targets.

511 (67) PLANNING POLICY STATEMENT 12 DRAFT CONSULTATION: LOCAL DEVELOPMENT FRAMEWORKS (LDFs) – The Head of Planning and Regeneration submitted a report seeking approval of comments on the Draft PPS12 to be submitted to the Office of the Deputy Prime Minister.

Draft Planning Policy Statement (PPS) 12 – Local Development Frameworks had been published in October 2003 for public consultation. The consultation ended on the 16 January 2004. The Draft PPS12 (and accompanying guidance to be drafted) was intended, in due course to replace the existing Planning Policy Guidance (PPG) note 12: Development Plans.

Whilst it was considered that the overall approach of the new system has much to commend it in theory the report expressed serious concerns regarding the resources required in delivering the LDF

Resolved – That consideration of this item be deferred.

512 (68) DRAFT PLANNING POLICY STATEMENT (PPS) 7 – SUSTAINABLE DEVELOPMENT IN RURAL AREAS – The Head of Planning and Regeneration submitted a report providing an overview of the Draft Planning Policy Statement (PPS) 7 – Sustainable Development in Rural Areas and seeking approval of comments to be submitted to the Office of the Deputy Prime Minister.

Resolved – That consideration of this item be deferred.

513 (69) NORTH LINCOLNSHIRE LOCAL PLAN CUSTOMER SURVEY – The Head of Planning and Regeneration submitted a report informing the Committee of the results of the North Lincolnshire Local Plan Customer Survey and inviting members to take account of the survey findings in future development plan preparation and consultation.

A survey of all Local Plan consultees had been carried out in October 2003 to find out customer’s views on the quality of the Development Plans Team service. The survey had also sought feedback on the content of the Local Plan and how future consultation could be improved. The survey results would help to identify ways to provide a better service in the future.

Recommended to Council – That the results of the survey be considered when preparing the new Local Development Framework.

514 (70) LOCAL DEVELOPMENT FRAMEWORK – MEMBERS SEMINAR – The Head of Planning and Regeneration submitted a report informing the Planning Committee of fundamental reforms to the planning system that would result from the Government’s Planning and Compulsory Purchase Act to be commenced in summer 2004 and seeking approval to hold a Member’s seminar on the new Local Development Framework (LDF) that would replace the current Local Plan system.

Recommended to Council – That the Head of Planning and Regeneration in consultation with the Chairman and Vice Chairman of Planning arranges a half-day seminar for members on the new Development Plan system.

515 STATISTICS OF PLANNING APPLICATIONS – JULY –SEPTEMBER 2003 – Further to Minute 499, the Head of Planning and Regeneration submitted a report informing members of the council’s performance in handling planning applications in the third quarter of 2003.

There was a need to continue to improve planning performance relating to speed of determination of applications. It was apparent that objectors and applicants/agents were increasingly using the “facility to speak” as a means of delaying the processing of the application. There had been a significant increase over the last year in the number of applications appearing on the committee agenda for determination solely because of an applicant/agent or third party objector request to address the committee.

It was felt that some applicants are abusing the system by asking to address the committee with the sole object of ensuring that the application is decided by members rather than through delegated powers. This was particularly so where a first application had been refused on sound planning grounds through the delegation scheme. It was recognised that applications occasioning public interest should continue to be dealt with by members and that the decision as to the appropriate arena for determining applications should be taken by members and officers, not applicants. It was recommended that the list of reasons why an application should be referred to the committee for determination should be amended as set out in Appendix A to the report (Item 6 on Appendix A referring to procedure rule 36(e) to be deleted). Members of the public (including agents and objectors) would of course still be able to speak on applications that appear on the committee agenda for some other reason for example statutory consultee objection.

Members nevertheless felt that it was important that members of the public had the right to be heard by the committee.

Resolved– (a) That the report be noted, and (b) that no change be made to the Scheme of Delegation.