Planning Committee – 30 March 2006

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

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 meetings held on 1 March, 2006 and 10 March (Policy Meeting) as a correct record and authorise the chairman to sign.
  4. Application deferred from previous meeting for site visit – 05/0067 by Wind Prospect for the erection of nine wind turbines with associated tracks, crane hardstanding, anemometry mast, underground cables and switchgear house for the purpose of producing electricity at Normanby Estate, Normanby, Scunthorpe.
  5. Planning and other applications for determination by the committee.
  6. Applications for approval of Reserved Matters.
  7. Enforcement Update.
  8. Any other items, which the chairman decides are urgent, by reasons of special circumstances which must be specified.

The public are likely to be excluded from the meeting for consideration of the following item on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A of the Local Government Act 1972.

9.  E.ON UK: Planning Inquiry (Joint Report of the Head of Legal and Democratic Services and the Head of Planning and Regeneration) – Exempt Report

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

Where there is no report this is because it is exempt, as it contains information which is considered to be of a confidential nature, as detailed in the Local Government (Access to Information) Act.

Minutes

PRESENT: –  Councillor Wardle (Chairman).

Councillors Long (Vice-Chairman), Bunyan, Collinson, Eckhardt, England,  Grant, Kirk, Phillips, Rowson and Whiteley.

Councillors Gosling, Holgate, Osborne, Mrs Simpson, Smith and Vickers attended the meeting in accordance with Procedure Rule 37(b).

The committee met at Pittwood House, Scunthorpe.

785  DECLARATIONS OF PERSONAL AND PERSONAL AND PREJUDICIAL INTERESTS, SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) AND WHIPPING ARRANGEMENTS (IF ANY)

Councillors Bunyan, Eckhardt, England, Long, Rowson and Wardle declared a personal and prejudicial interest in application 2005/0067 as they knew the landowner who was involved in the local Conservative Association.

The following members declared personal interests as follows:-

Member (s) Minute Application Nature of Interest
Councillor Bunyan 788 (xi) 06/0141 Member of Broughton Town Council
Councillor Eckhardt 788 (v) 05/1809 Member of Haxey Parish Council
Councillors Eckhardt,  England, Long and Rowson 788 (xiii) 06/0207 Knew the applicant’s wife as member of the council
Councillor Rowson 788 (xii) 06/0171 Knew applicants
Councillors Collinson, Grant and Whiteley 788 (iv) 06/0251 Member of Bottesford Town Council
Councillor Phillips 787 05/0067 Employee of Corus
Councillor Wardle 788 (vi) 05/1893 Member of Barrow Parish Council and knew applicant (not well)
Councillor Wardle 788 (xiii) 06/0207 Knew applicant and wife

The following members declared that they had been lobbied –

Member Application Lobbied By
Councillor Bunyan 05/1385, 1386 & 1387 Appleby Parish Council
Councillor Wardle 05/1893 Builder

Councillor Smith, attending the meeting in accordance with the provisions of  Procedure Rule 37 (b) declared a personal interest in application  05/0067as a member of Winterton Town Council.

Mr S Whittemore, Regulatory Support Officer declared a non–pecuniary interest in application 05/0067 and Minute 792 as a member of Friends of the Earth and Greenpeace.. In the case of Minute 792 , he knew a fellow member of Hull and East Riding Greenpeace who undertook work as a  consultant for the company concerned.

786  MINUTESResolved – That the minutes of the proceedings of the meeting held on 1 March and 10 March (Policy Meeting), 2006 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 Minute 779 by the addition to (a) of “in the interests of the owner/occupier of the land” and the deletion from (c) of the  words “with a recommendation that she confirm the order and that North Lincolnshire Council actively support and work towards ensuring that the order be confirmed by means of written representations, hearing or public inquiry.”

Councillors Bunyan, Eckhardt, England, Long, Rowson and Wardle having declared a personal and prejudicial interest in the following  item (Minute 787) left the meeting at this point.

In the absence of the chairman and vice –chairman Councillor Grant was elected Chair for the following item only. (minute 787 refers).

787  (89) APPLICATION DEFERRED FROM PREVIOUS MEETING -05/0067 by Wind Prospect for the erection of nine wind turbines with associated tracks, crane hardstanding, anemometry mast, underground cables and switchgear house for the purpose of producing electricity at Normanby Estate, Normanby, Scunthorpe -In accordance with the decision at the previous meeting, members had undertaken a site visit earlier in the day.  The Head of Planning and Regeneration submitted  a reports and updated it orally.

Prior to consideration of this application a representative of the  applicant  addressed the committee. He stated that, whilst renewable energy sources were required to mitigate climate change, other froms than wind farms were not yet as viable. Whilst mention had been made at the previous meeting of regional and council targets, these should be regularly reviewed and were not ceilings. Even when targets had been met, every application still needed to be considered on its merits.

Councillor Smith, attending the meeting in accordance with the provisions of Procedure Rule 37 (b), spoke on the application. Whilst he accepted the need for the proposal he was concerned that there had not been adequate consultation with residents of Burton and Flixborough.

Resolved – (a) That the committee is mindful to grant permission for eight turbines (with the removal of turbine 7 as shown on the illustrative plan appended to the report), subject to  (i) the completion of a formal agreement under Section 106 of the Town and Country Planning Act 1990 (or other appropriate legislation) providing for mitigation for the impact that the development will have upon the ancient settlement of Sawcliffe and Sawcliffe Farmhouse by the planting of 350 m of hedgerow along the western boundary of the A1077 (western side of Sawcliffe Hill and (ii) to the conditions contained in the report and any conditions required by the Highways Team; (b) That the Head of Planning and  Regeneration be authorised to grant such permission on completion of the agreement, and (c) that if the obligation is not completed by 31 August 2006 the Head of Planning and Regeneration be authorised to refuse the application on grounds of non-compliance with policies contained in SPG13.

Councillors Bunyan, Eckhardt, England, Long, Rowson and Wardle returned to the meeting at this point.

Councillor Wardle resumed the chair.

788 (90) 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.

(i)  05/0511 by Hirst Priory Park Golf Course Ltd for outline permission to relocate golf facilitiues to erect a club house, changing facilities, golf shop, restaurant, hotel and fitness suite (siting not reserved for subsequent approval) at Lincolnshire Golf Club, between Crowle and Belton.

Resolved – (a) That the committee is mindful to grant permission for the development; (b) that the application be referred to the Office of the Deputy Prime Minister in accordance with statutory procedures to enable him to consider whether or not he wishes to intervene, and (c) that in the event of the ODPM deciding not to intervene the Head of Planning and Regeneration be authorised to grant permission subject to the conditions set out in the report.

(ii)  05/1385 by K-Cube Ltd for the erection of a double garage at 9 Haytons Lane, Appleby.

Prior to consideration of this application an objector and a representative of the  applicant  addressed the committee.

The objector stated that there was insufficient space between the existing and proposed buildings. The proposal would spoil the local street scene.

The applicant’s representative stated that the proposed garage would be smaller than the existing garage on the site and would be set well back from the road. The application had been amended in consultation with officers to meet the concerns of objectors. Only two trees would be affected by the development and the remainder of the trees on the site would be protected.

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

(iii)  05/1386 by K-Cube Ltd for the erection of a detached house with detached double garage on land adjacent to 9 Haytons Lane, Appleby.

Prior to consideration of this application an objector and a representative of the  applicant  addressed the committee. The objector referred to the refusal of an earlier application on this site on the grounds that it would have an adverse impact on the locality. The local plan only allowed for tandem or backland development if there would be no adverse effect on neighbouring properties. In this instance there would be. The plot was too narrow and the development would result in the loss of open space within the conservation area.

The applicant’s representative stated that the applicant had an interest in maintaining the character of the village. Plots in Hayton Lane varied in size, many of them larger than the proposal which would be in keeping with the locality. The applicant had gone to great lengths to make the application acceptable.

The Head of Service reported that further consultation had taken place following the amendment to the application. A total of 51 objections had been received, some of which had been received following the publication of the report, but which raised no new issues not covered in the report.

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

(iv)  05/1387 by K-Cube Ltd for conservation area consent to demolish a garage at 9 Haytons Lane, Appleby.

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

(v)  05/1809 by Playing Fields Association for replacement of play equipment and erection of a multi – sports court with floodlighting at Westwoodside Playing Field, Akeferry Road, Westwoodside, Haxey.

Prior to consideration of this application an objector addressed the committee. She was concerned that the proposal would lead to nuisance in the form of light pollution, noise and anti – social behaviour by youths. Trees on the site should be protected.

Resolved – That consideration of this application be deferred and that members undertake a site visit.

(vi)  05/1893 by Mrs and Mrs Stephenson for the retention of an existing wall and provision of new timber gate at Annelton House, Cherry Lane, Barrow–upon-Humber.

Prior to consideration of this application an objector addressed the committee. She stated that the wall was not in accordance with the submitted plans and was not on the applicants’ land It was not needed for security purposes and was large and oppressive.

Resolved – That consideration of this application be deferred and that members undertake a site visit.

(vii)  05/1908 by Mr S Majara for the erection of extensions to an existing to an existing care home (no. 255) and demolition of one half of a semi – detached dwelling (no. 253) at Gresham Lodge, 253 and 255 Ashby Road, Scunthorpe.

Prior to consideration of this application an objector addressed the committee. He stated that the site was too small to sustain a development of this scale and that the scheme now proposed was substantially worse than the original.

Councillor Gosling, attending the meeting in accordance with the provisions of Procedure Rule 37(b) spoke against the application on the grounds that it would involve the demolition of a family home.

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

(viii)  05/2043  by North Lincs Property Holdings Ltd for the erection of offices, café, auction salesroom, canopy, ancillary car parking and retention of fencing at OS 3068, access roads in disused airfield, Sandtoft, Belton.

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

(ix)  06/0079 by Mrs Ralph for the erection of a single – storey rear extension at 35 Laneham Street, Scunthorpe.

Prior to consideration of this application a representative of the applicant addressed the committee. He stated that the applicant’s husband was severely disabled and the extension would improve the quality of his life.

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

(x)  06/0122 by C & V Fisher for the erection of an external timber decked area at the Old Dispatch House, Maltkiln Lane, Barton–upon-Humber.

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

(xi)  06/0141 by Mr G P Harrison for outline permission for one dwelling, a garage and access at The Old Orchard, 11 Town Hill, Broughton.

Prior to consideration of this application the applicant addressed the committee. He referred to the objection from the town council and stated that he was happy for the access to be sited at any point on Town Hill.

Resolved – That permission be granted in accordance with the recommendations contained in the report, subject to 3 additional conditions as requested by the Highways Team.

(xii)  06/0171 by Mr and Mrs M Burton for the erection of an orangery to the rear of the property and extension to an outbuilding to create a garage at Aquis Cottage, Church Side, Alkborough.

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

(xiii)  06/0207 by Mr D Sidell for the erection of a singe–storey extension at 12 Birchdale, Barton–upon–Humber.

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

(xiv)  06/0251 by Mr D Lea for variation of condition 1 of planning permission 2001/0828 (erection of 4 houses and accesses) to extend expiry date by 3 years on land north of 92 – 96 Moorwell Road, Bottesford.

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

789  (91) APPLICATIONS FOR APPROVAL OF RESERVED MATTERS FOLLOWING THE GRANT OF OUTLINE PERMISSION –05/1130 by Mr A Bruce for approval of reserved matters pursuant to outline planning permission 03/1708 allowed on appeal on 04/08/2004 for the erection of 5 dwellings at Epworth Motor Works, 40 Chapel Street, Epworth – The Head of Planning and Regeneration submitted a report informing members about an 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 recommendations contained in the report.

790 (92) 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.

791  EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item/s (minute 792 refers) on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of the revised exemptions of the Local Government Act 1972.

792 (93) E.ON UK:PLANNING INQUIRY – The Head of Legal and Democratic Services and the Head of Planning and Regeneration submitted a joint report notifying members of advice received from counsel in respect of an appeal against the refusal of planning permission  for the erection of 15 wind turbines and ancillary equipment on land north of Elsham Industrial Estate, Brigg.

Resolved – That an additional reason be added to the reasons for refusal of application 2004/1414.