Planning Committee – 9 November 2005
Chairman: Councillor Wardle
Venue: Council Chamber, Pittwood House, Scunthorpe
Time: 2 pm
AGENDA
- Substitutions.
- Declarations of Personal and Personal and Prejudicial Interests, significant contact with applicants, objectors or third parties (Lobbying) and Whipping Arrangements (if any).
- To take the minutes of the meetings held on 12 October as a correct record and authorise the chairman to sign.
- Applications deferred from previous meeting for site visits: –
PLANNING MATTERS
(i) 05/0707 by Mr D Oades for the erection of a single-storey 5-bedroom accommodation on land at the rear of The Cross Keys, 5 King Street, Winterton
(ii) 05/1305 by Mrs H Mason for the erection of a new dwelling incorporating existing barn (resubmission of 05/0832 refused 1/07/2005) on land adjacent to Low Paddock, Commonside, Crowle
(iii) 05/1452 by Twelco Ltd for the change of use of land to industrial, storage and parking uses at Twelco Fabrications, Belton Road, Sandtoft.
- Planning and other applications for determination by the committee.
- Enforcement Update.
PUBLIC RIGHTS OF WAY MATTERS
- Public Rights of Way – Appeals.
- Public Footpath 101, Haxey.
- Dedication of Public Rights of Way.
(i) Chestnut Grove, Broughton
(ii) Pasture Road North, Barton
10. Any other items, which the chairman decides are urgent, by reasons of special circumstances which must be specified.
Notes: (i) Reports are by the Head of Planning and Regeneration unless otherwise stated.
(ii) Extracts from the relevant legislation in respect of items 7 -9 are available on request from Development Control, Church Square House, Scunthorpe.
Minutes
PRESENT: – Councillor Wardle (Chairman).
Councillors Long (Vice – Chairman), Bunyan, Collinson, Eckhardt, England, Grant, Kirk, Phillips, Rowson, and Whiteley.
Councillors Appleyard, Osborne and Smith attended the meeting in accordance with the provisions of Procedure Rule 37 (b).
The committee met at Pittwood House, Scunthorpe.
737 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
|
|---|---|---|---|
| Cllr Bunyan | 740(xvii) | 05/1551 | Applicant |
| Cllr Bunyan | 740 (xii) | 05/1476 | Knew the applicant |
| Cllr England | 740 (xii) | 05/1476 | Landowner was a colleague on the council |
| Cllr England | 740(xvii) | 05/1551 | Applicant was a colleague on the council |
| Cllr Rowson | 740 (xii) | 05/1476 | Knew the landowner |
| Cllr Rowson | 740(xvii) | 05/1551 | Knew the applicant |
| Cllr Long | 05/1476 | Knew the landowner | |
| Cllr Long | 740(xvii) | 05/1551 | Knew the applicant |
| Cllr Eckhardt | 740 (xii) | 05/1476 | Friend of landowner |
The following members declared personal interests as follows: –
|
Member (s)
|
Minute
|
Application
|
Nature of Interest
|
|---|---|---|---|
| Cllr Collinson | 740(iii) | 05/1084 | One of objectors was a work colleague |
| Cllr Kirk | 740(xvii) | 05/1551 | Know applicant as a fellow councillor |
| Cllr Rowson | 737 (i) | 05/0707 | Member of Winterton Town Counil |
| Cllr Rowson | 740 (ii) | 05/0213 | Knew the applicant |
| Cllr Wardle | 740 (xiv) | 05/1485 | Member of Barrow Parish Council |
| Cllr Wardle | 740(xvii) | 05/1551 | Know the applicant |
| Cllr Wardle | 740 (xii) | 05/1476 | Know the landowner |
| Cllrs Grant and Phillips | 740 (iv) | 05/1323 | Used the applicant’s other fishing ponds |
| Cllr Eckhardt | 740(xvii) | 05/1551 | Applicant is a fellow councillor |
Councillor Smith, attending the meeting in accordance with the provisions of Procedure Rule 37 (b), declared a personal interest in Minute 737 (i) (application 05/0707) as a member of Winterton Town Council.
738 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 12 October, 2005 having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.
739 (34) APPLICATIONS DEFERRED FROM PREVIOUS MEETING – 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) 05/0707 by Mr D Oades for the erection of single – storey 5 – bedroom accommodation on land at the rear of The Cross Keys, 5 King Street, Winterton
Prior to consideration of this application, Councillor Smith, attending the meeting in accordance with the provisions of Procedure Rule 37 (b), spoke against the application. He stated that the proposal would detract from the character of the conservation area. and result in a loss of amenity to nearby properties.
Resolved – That permission be granted in accordance with the recommendation, subject to an additional condition requiring the windows in the eastern elevation to be obscure glazed and fixed shut.
(ii) 05/1305 by Mrs H Mason for the erection of a new dwelling incorporating existing barn (resubmission of 05/0832 refused 11/07/2005) on land adjacent to Low Paddock, Commonside, Crowle
Prior to consideration of this application, an objector and the applicant’s agent addressed the committee in accordance with the provisions of Procedure Rule 35 (e).
The objector was concerned that the proposed dwelling would be too close to her own house and would be in her back garden. It would cause overlooking and loss of privacy. It would not be possible to put a roof on the new structure without disturbing beams that ran through to her own “lean -to”
The agent stated that the applicant had amended the proposal from that for which permission had been refused earlier in the year. The present application was for a smaller dwelling that previously applied for. There would be no overlooking or loss of privacy for neighbours.
Resolved – That permission be granted in accordance with the recommendation.
(iii) 05/1452 by Twelco Ltd for the change of use of land to industrial, storage and parking uses at Twelco Fabrications, Belton Road, Sandtoft
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 (ODPM) 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 and an extra condition relating to contaminated land.
740 (35) 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) 04/2198 by Mr I Garfoot for outline permission for the erection of four dwellings with associated car parking and access on land off Maltby Lane, Barton – upon – Humber
Resolved – That consideration of this application be deferred to enable officers to have further discussions with the applicant regarding the vehicular access.
(ii) 05/0213 by Mr R J Rayner for the erection of 13 town houses, including the demolition of an existing building at The Gales, 195 Ashby Road, Scunthorpe
Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 35 (e). He stated that the proposal would cause a loss of light and privacy to a neighbouring property. Access would be insufficient for the emergency services. Trees protected by a tree preservation order would be damaged during development.
The Head of Planning and Regeneration reported a late representation from solicitors acting for the objector. This related to issues of land ownership and the demolition of existing structures. He confirmed that the relevant Certificate of Ownership had been provided. He advised that trees on the site would be protected either by existing Tree Preservation Orders or by conditions. Great care had been taking with the layout to avoid loss of light to neighbours. The Head of Service also reported a letter from Kingsway Community Consultation Group which raised no new issues.
Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting.
(iii) 05/1084 by Merryvale Developments for the erection of 6 detached houses with garages and associated access at rear of 91 Station Road, Keadby
Resolved – That permission be granted in accordance with the recommendation contained in the report.
(iv) 05/1323 by Mr J W Johnson for the development of a fishing pond open to the public on a day ticket basis at Sands Farm, Butterwick Road, Messingham
Resolved – That permission be granted in accordance with the recommendation subject to an additional condition requested by the Archaeology Unit
(v) 05/1332 by Mrs E Emberlin for the variation of condition 2 of planning permission 2005/0346 to allow the counselling practice to operate between the hours of 8.00 am and 7.30 pm Monday to Friday and not at all on Saturdays, Sundays or Public Holidays and for no more than 18 sessions per week at 92 Messingham
Resolved – That permission be granted in accordance with the recommendation contained in the report.
(vi) 05/1385 by K-Cube Ltd for the erection of a double garage at 9 Hayton’s Lane, Appleby
Prior to consideration of this application, an objector and the applicant’s agent addressed the committee in accordance with the provisions of Procedure Rule 35 (e).
The objector referred to a previous application which had been refused. She claimed that there were no compelling reasons for approval of the present application. The plan did not show an existing garage. Vehicular access would involve encroachment on a public footpath .Trees which were the subject of a Tree Preservation Order could not be adequately protected during construction. There would be a danger to road users arising from construction traffic.
The agent stated that the proposed garage would be smaller than the one currently on the site. It would be fully in keeping with other buildings in the vicinity. The relevant authorities had been contacted regarding protection of the trees.
Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting.
(vii) 05/1386 by K-Cube Ltd for the erection of a detached house with detached double garage at 9 Hayton’s Lane, Appleby
Prior to consideration of this application, an objector and the applicant’s agent addressed the committee in accordance with the provisions of Procedure Rule 35 (e).
The objector was concerned that the house would be only six feet away from No. 7, thus causing a loss of light, privacy and view and would result in overlooking The proposed development would be too large for the plot. It was not in accordance with the village design statement. It would lead to an increase in traffic and present a danger to road users..
The agent stated that planning officers had been consulted and their suggestions incorporated in the application which was entirely in keeping with its surroundings. It would have little impact on neighbouring properties.
Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting.
(viii) 05/1387 by K-Cube Ltd for conservation area consent to demolish a garage at 9 Hayton’s Lane, Appleby
Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 35 (e). She referred to a previous refusal on the site. She stated that the garage was not beyond repair, was in character with the area and its removal would not enhance the character of the area. An adjacent ash tree could not be adequately protected.
Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting.
(ix) 05/1418 by Mr T Rust for outline permission for erection of three dwellings at 78 High Street, Belton
Resolved – That permission be granted in accordance with the recommendation contained in the report.
(x) 05/1433 by Acorn Steering Group for the erection of a skate park and extension of a footpath at Burringham Road Fields, Burringham Road, Scunthorpe.
Resolved – That permission be granted in accordance with the recommendation contained in the report.
(xi) 05/1464 by G & C Johnson (Claxby) Ltd for outline permission to erect dwellings (resubmission of 2004/1296) on Plot 29, Hebden Road, Scunthorpe
Prior to consideration of this application, an objector and the applicant’s agent addressed the committee in accordance with the provisions of Procedure Rule 35 (e).
The agent stated that the site was “brownfield”. There was no evidence to suggest that it contravened any planning policies. A site to the north had obtained planning permission for residential use earlier in the year. A driving test centre created a buffer between the site and the industrial estate.
The objector stated that her company presently operated from the site and offered sustainable employment. It had not been consulted on the application which would be contrary to the development plan. This site was capable of further development as an industrial site. No attempt had been made to market it for industrial use. The site was unsuitable for residential use being so close to the industrial estate.
Resolved – That permission be refused in accordance with the recommendation contained in the report.
(At this point Councillors Bunyan, Eckhardt, England, Long and Rowson, having declared a personal and prejudicial interest in the following application, 05/1476, left the meeting)
(xii) 05/1476 by Mr N C & Mr E Bishop for the retention of the mixed use of the site for the maintenance, preparation and building of racing cars for non – commercial use within the industrial unit, storage for 15 motor vehicles and storage of building materials, vans and trailers in connection with existing building business at Unit 1, Hollytree Farm, Sandtoft Road, Epworth
Resolved – That permission be granted in accordance with the recommendation contained in the report.
(Councillors Bunyan, Eckhardt, England, Long and Rowson returned to the meeting)
(xiii) 05/1480 by Mr M Gibbs for outline permission to erect a dwelling on land at 12 Abbey Road, Ulceby
Resolved – That permission be granted in accordance with the recommendation contained in the report.
(xiv) 05/1485 by Mr and Mrs R A Davis for the creation of an access onto College Road at 14 Abbey Rise, Barrow – upon – Humber
Resolved – That permission be granted in accordance with the recommendation contained in the report.
(xv) 05/1515 by Mr P Henderson for the erection of a front porch, detached double garage and boundary wall at Westview, 2 Newbigg, Westwoodside, Haxey
Resolved – That permission be granted in accordance with the recommendation contained in the report.
(xvi) 05/1524 by Mr P Smith for the erection of a two – storey extension (re-submission of 2004/1753 at 1 Lydbrook Road, Scunthorpe
Resolved – That permission be granted in accordance with the recommendation contained in the report.
(At this point Councillors Bunyan, England, Long and Rowson , having declared a personal and prejudicial interest in the following application, 05/1476, left the meeting)
(xvii) 05/1551 by Cllr A Bunyan for the erection of a single – storey rear extension at 17 Hillside Road, Broughton
Resolved – That permission be granted in accordance with the recommendation contained in the report.
(Councillors Bunyan, England, Long and Rowson returned to the meeting)
(xviii) 05/1553 by Mr and Mrs F Robinson for the erection of a single -storey extension with associated alterations and a detached garage at 9 Ferriby Road, Barton – upon – Humber
Resolved – That permission be granted in accordance with the recommendation contained in the report.
(xix) 05/1596 by A J Payne for the erection of a two – storey side extension at Willow Tree Farm, Kirton Road, Messingham
Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting.
741 (36) 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.
742 (37) PUBLIC RIGHTS OF WAY – APPEALS – The Head of Planning and Regeneration reported on four recent decisions by inspectors appointed by the Secretary of State for Environment, Food and Rural Affairs in relation to orders made by the council to which there had been unresolved objections
Resolved – That the report be noted.
743 (38) PUBLIC FOOTPATH 101, HAXEY – The Head of Planning and Regeneration submitted a report seeking approval for making an application to the magistrates’ court in pursuit of the stopping up of the part of Public Footpath 101 between Craycroft Road and Westland Road in Westwoodside.
The committee had previously authorised the seeking of a closure through the magistrates’ court of the section of Public Footpath 101 between Mill Lane and Westland Road. It had also resolved that if that closure was successful, a further report would be submitted seeking the closure of the path between Craycroft Road and Westland Road.
The section of the path between Mill Lane and Westland Road had been closed by the Scunthorpe Magistrates on 29 June 2005. No objections had been made to the closure. It was therefore intended to proceed with the closure of the section between Craycroft Road and Westland Road.
If this section of the path was closed, only one third of the footpath’s original length would remain, this being between Craycroft Road and Gollands Lane. There would be no further proposal to close this remaining third, however, as it was well used and provided a useful short-cut to local shops.
Resolved – That an application be made to Scunthorpe Magistrates’ Court under section 116 of the Highways Act 1980 seeking the stopping up of Public Footpath 101, Haxey, between Westland Road and Craycroft Road.
744 (39) DEDICATION OF PUBLIC RIGHTS OF WAY – The Head of Planning and Regeneration submitted two reports seeking approval to enter into agreements with private landowner to create public footpaths and to make orders modifying the definitive map and statement in consequence of those agreements.
The paths would be at Chestnut Grove, Broughton and Pasture Road, North, Barton – upon – Humber, as shown on plans appended to the reports.
The footpaths would benefit the public greatly Consultation had not revealed any opposition to the proposal.. The new paths would be added to the relevant definitive map and statement.
Resolved – (a) That agreements be entered into with (i) the owner of the property in Broughton known as Woodside and (ii) The Lincolnshire Wildlife Trust, the owner of the land at Pasture Road, Barton – upon – Humber, to create public footpaths pursuant to section 25 of the Highways Act 1980 over their land, and (b) that orders be made under section 53(3)(a)(iii) of the Wildlife and Countryside Act 1981 to add the footpaths to the “County of Lincoln – Parts of Lindsey (Glanford Brigg) Definitive Map and Statement”.