Planning Committee – 25 May 2005

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

AGENDA

1. Substitutions.

2. Declarations of Personal and Personal and Prejudicial Interests, significant contact with applicants, objectors or third parties (Lobbying) and Whipping Arrangements (if any).

3. To take the minutes of the meeting held on 27 April, 2005 as a correct record and authorise the chairman to sign.

PLANNING MATTERS

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

(i) 04/2149 by Chartdale Homes Ltd for the erection of residential development consisting of 45 units, associated garages and public open space on land off The Meadows, Messingham.

(ii) 05/0359 by Mr and Mrs Woodrow for the erection of a bungalow and garage (resubmission of 04/0160) at 16 Emmanuel Drive, Bottesford.

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

6. Enforcement Update.

7. Statistics of Planning Applications – October – December, 2004.

PUBLIC RIGHTS OF WAY MATTERS

8. Public Footpath 74, Epworth.

9. Public Footpath 77, West Butterwick.

10. Public Rights of Way – Appeals

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

Notes: (i) Extracts from the relevant legislation and appendices in respect of Items 8 – 10 can be obtained from Colin Wilkinson, Environment Officer, Church Square House, Scunthorpe Telephone 01724 297391.

(ii) Reports are by the Head of Planning and Regeneration unless otherwise stated.

Minutes

PRESENT: – Councillor Wardle (Chairman).

Councillors Long (Vice – Chairman), Appleyard, Barkworth, Bunyan, England, Grant, Kirk, Phillips, Sherwood and Whiteley.

Councillors Holgate and Muir attended the meeting in accordance with the provisions of Procedure Rule 37(b).

The committee met at Pittwood House, Scunthorpe.

693 DECLARATIONS OF PERSONAL AND PERSONAL AND PREJUDICIAL INTERESTS, SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) AND WHIPPING ARRANGEMENTS (IF ANY) – The following members declared personal and prejudicial interests as follows: –

Member (s) Minute Application Nature of Interest
Councillor Bunyan 696 (v) 05/0402 Friend of applicant
Councillor England 695 (ii) 05/0359 Friend of applicant
Councillor England 696 (v) 05/0402 Friend of applicant
Councillor Long 696 (v) 05/0402 Friend of applicant

The following members declared personal interests as follows: –

Member (s) Minute Application Nature of Interest
Councillor Bunyan 695 (i) 04/2149 Son lived in the area
Councillor Bunyan 696 (i) 05/0112 Member of Broughton Town Council
Councillor Bunyan 696 (iii) 05/0367 Knew applicant
Councillor Barkworth 696 (iii) 05/0367 Knew applicant through local government work
Councillor Barkworth 696 (v) 05/0402 Knew applicant through local government work
Councillor Appleyard 696 (iii) 05/0367 Knew the applicant
Councillor Appleyard 696 (v) 05/0402 Knew the applicant
Councillor Appleyard 696 (iv) 05/0392 Member of Barton Town Council
Councillors Grant and Whiteley 695 (ii) 05/0359 Members of Bottesford Town Council
Councillor Phillips 695 (ii) 05/0359
Councillor Long 696 (iii) 05/0367 Knew the applicant
Councillor Sherwood 696 (iii) 05/0367 Knew the applicant
Councillor Sherwood 696 (v) 05/0402 Knew the applicant
Councillor Wardle 695 (iii) 05/0367 Knew the applicant
Councillor Wardle 696 (v) 05/0402 Knew the applicant

There was no lobbying or whip declared.

694 MINUTESResolved – That the minutes of the proceedings of the meeting held on 27 April, 2005, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman, subject to their correction by recording that Councillor England left the meeting during consideration of application 05/0359, having declared a personal and prejudicial interest in the matter.

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

(i) 04/2149 by Chartdale Homes Ltd for residential development consisting of 45 units, associated garages and public open space on land off The Meadows, Messingham.

Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 35(e). He was concerned that the proposal would create a significant increase in traffic. The density of the development would be greater than the surrounding area and would exceed guidelines for town centre development. It would have a significant visual impact on nearby properties. PPG3 was guidance only. Other houses in the area were either 2-storey semi – detached houses or bungalows. Most of the proposed dwellings were terraces. No independent highways or drainage surveys had been carried out. He questioned whether the commuted sum to be paid by the developer would be allocated to Messingham Primary School.

The Head of Planning and Regeneration in reference to the objection reminded the committee that no objections had been received from the Highways Team or from Severn Trent Water Authority. There were other developments in the vicinity of a similar density.

Members considered, however, that the development would be of too high a density, was not in scale and character with the surrounding development and would be contrary to Policy H1 and H9 of the North Lincolnshire Local Plan.

Resolved – That permission be refused for reasons relating to density; loss of amenity, and the development being out of character with its surroundings.

(Note: prior to consideration of the following application, 05/0359, Councillor England having declared a personal and prejudicial interest in the matter left the meeting)

(ii) 05/0359 by Mr and Mrs P A Woodrow for outline permission for the erection of a bungalow and garage (resubmission of 04/0160) at 16 Emmanuel Drive, Bottesford.

Prior to consideration of this application, the applicants’ agent addressed the committee in accordance with the provisions of Procedure Rule 35(e).

He stated that the proposed development was intended for the applicants to live in following their retirement. They had lived at their current address adjacent to the site for 40 years. The major issue was the access to the site, but there had been no objections from the Highways Team. The vehicular access would be four metres wide. Vehicles would be able to enter, leave and turn safely.

The Head of Planning and Regeneration stated that the site was big enough to accommodate the proposed dwelling but the proposed access arrangements were unacceptable.

Moved by Councillor Long and seconded by Councillor Kirk –

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

Motion Lost

Moved by Councillor Bunyan and seconded by Councillor Sherwood –

That permission be granted subject to the standard outline condition and any conditions requested by the Highways Team

Motion Carried

The reasons for coming to this decision were that the development would enhance the street scene and could be accommodated on the site.

(Councillor England returned to the meeting at this point)

696 (104) PLANNING AND OTHER APPLICATIONS FOR DETERMINATION BY THE COMMITTEE- 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.

(i) 05/0112 by Minster Build for the erection of 2 bungalows and 3 houses with garages and construction of a private drive

Resolved – (a) That the committee is mindful to grant permission for the development; (b) that the Head of Planning and Regeneration be authorised to grant permission subject to the completion of a formal agreement under Section 106 of the Town and Country Planning Act 1990 relating to the provision of play equipment and facilities in the parish of Broughton , and to the conditions set out in the report, and (c) that if the obligation is not completed by 15 August 2005 the Head of Planning and Regeneration be authorised to refuse the application on grounds of loss of recreational facilities.

(ii) 05/0181 by Mr T and Mrs V Fox for the erection of a curved back brick wall and wrought -iron gate at St Hibald’s Church, Main Road, Manton

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

(iii) 05/0367 by Mr W Eckhardt for the erection of 3 town houses (means of access not reserved for subsequent approval) (resubmission of 04/2213, withdrawn 22/02/2005) at 2 The Nooking, Haxey.

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting. The reason for holding the site visit being that the parish council has raised concerns regarding the access and egress and the site is unusual in being an “island”.

(iv) 05/0392 by M J and G I Davey for outline permission for residential development at The Depot, West Acridge, Barton – upon – Humber

Resolved – (a) That the committee is mindful to grant permission for the development, and (b) that the Head of Planning and Regeneration be authorised to grant permission subject to the completion of a formal agreement under Section 106 of the Town and Country Planning Act 1990 providing for a contribution under Policy C1 of the North Lincolnshire Local Plan to enable additional education facilities to be provided , and to the conditions set out in the report.

(Prior to consideration of the following application, 05/0402, Councillors Bunyan, England and Long, having declared personal and prejudicial interest in the matter, left the meeting)

(v) 05/0402 by Mr D M Stewart for the variation of permission 02/1603 to use part of an agricultural building for the sorting, grading and packing of potatoes at Hollytree Farm, Sandtoft Road, Epworth

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to an additional condition making the permission personal to the applicant.

(Councillors Bunyan, England and Long returned to the meeting at this point)

(vi) 05/0427 by Mrs M Wilson for the conversion of a disused post office and one dwelling into three dwellings at Althorpe Post Office, 24 Main Street, Althorpe

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

(vii) 05/0448 by Mr A and Mrs B Wickham for outline permission for residential development, including the demolition of an existing bungalow at 33 Eastoft Road, Crowle

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

(viii) 05/0460 by Mr and Mrs Russell for the erection of replacement detached house and conversion of existing buildings to garage and outbuildings at Cleatham Cottage, Cleatham

Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 35 (e). He believed that the existing buildings should be tastefully restored, but said that the house would be constructed of modern materials rather than traditional stone. He questioned whether the proposal was in accordance with RD10 and said that the windows would overlook his bedroom and bathroom.

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting. The reason for holding the site visit being to enable members to be able to consider the matters raised by the objector.

(ix) 05/0482 by Goxhill Parish Council for the retention of existing play equipment at Goxhill Play Park, North End, Goxhill

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

(x) 05/0579 by Mr C Ling for the erection of a two-storey extension to the side and a single-storey extension to the rear of Boskey Dyke Farm, Middle Lane, Amcotts

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

697 (105) ENFORCEMENT UPDATE – The Head of Planning and Regeneration submitted a schedule giving details of progress in respect of matters on which he had taken enforcement action under delegated authority.

Resolved – That the report be noted.

698 (106) STATISTICS OF PLANNING APPLICATIONS – OCTOBER – DECEMBER 2004 – The Head of Planning and Regeneration submitted a report informing members of the council’s performance in handling planning applications in the final quarter of 2004, together with a comparison between the annual performances of 2003 and 2004.

There had been a significant improvement in overall performance in the last three quarters of 2004, details of which were included in the report.

These improved figures achieved by the development control team were important as these criteria were used by the Office of the Deputy Prime Minister (ODPM) as key components in assessing the level of Planning Delivery Grant payable to the authority during 2005. Continued performance at these levels was therefore essential in order to ensure that the local authority received a reasonable settlement through the Planning Delivery Grant.

The ODPM had designated the council as a ‘Planning Standards Authority’ for 2005/2006 for applications falling within the ‘minor’ category of development. The reason for designation was that the council, during the period July 2003-June 2004, had failed to determine at least 50% of such applications within eight weeks of receipt. As a result of this performance level the ODPM was monitoring the authority’s performance during 2005/2006 and had set a target of 63% of minor applications to be determined within eight weeks. The performance of the council over the last three ‘measured’ quarters up to March 2005 for minor applications had been 61%, 61% and 75%. If this last performance level were to be maintained over the next 12 months then the council would cease to be a ‘Standards Authority’ from April 2006 providing, of course, targets in respect of the other two categories (ie major and others) were maintained at their existing levels.

These improved performance figures would not be sustainable, however, over a long period without ensuring that staffing resources and procedures were continually monitored and improvements and changes made where necessary.

Resolved – (a)That the report be noted, and (b) that the development control team be thanked for their significant improvement in performance level over the last year compared to 2003.

699 (107) PUBLIC FOOTPATH 74, EPWORTH – Resolved – That consideration of this matter be deferred to look into some of the points raised by the objectors.

700 (108) PROPOSED DIVERSION OF PUBLIC FOOTPATH 77 WEST BUTTERWICK – The Head of Planning and Regeneration submitted a report seeking approval to divert Public Footpath 77, West Butterwick

The land over which the footpath presently ran and that onto which the proposed diversion would be diverted was wholly within the ownership of the Isle of Axholme Internal Drainage Board.

The compound fencing of a pumping station currently obstructed the definitive line of Public Footpath 77. Consideration had been given to opening the definitive line. However, due to Health and Safety reasons it was believed that diverting the path would be a more practical solution.

If the proposed diversion were to be confirmed, this would reconcile a long-term problem inherited from the former Humberside County Council. It was expedient to divert the path in the interest of the landowner

Resolved – (a) That an order be made in accordance with the recommendation contained in the report; (b) that the Head of Planning and Regeneration be authorised to confirm the order if it is unopposed; (c) 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, and (d) that a further report be submitted to the committee if the order is opposed

701 (109) PUBLIC RIGHTS OF WAY – APPEALS – The Head of Planning and Regeneration submitted a report informing members of recent decisions made by the Secretary of State for the Environment, Food and Rural Affairs in respect of two definitive map modification orders concerning public byways open to all traffic at Crowle as follows:-

Crowle BOAT 21 (Crook o’ Moor Road) Objection to definitive map modification order. Order confirmed subject to modification to a greater width.
Crowle BOAT 21 (Yorkshire Moors Bottom Road) Objection to definitive map modification order. Order confirmed as made.

Copies of the decision letters were appended to the report.

Resolved – That the report be noted.