Planning Committee – 10 October 2007

Chairman: Councillor Collinson
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 meeting held on 31 August (Policy Meeting) and 12 September 2007 as a correct record and authorise the chairman to sign.

PLANNING MATTERS

  1. Applications deferred from previous meeting for site visits.
  2. Planning and other applications for determination by the committee.
  3. Enforcement Update.
  • Confirmation of a Tree Preservation Order – The Old Vicarage, Church Gate, Burton–upon–Stather.

PUBLIC RIGHTS OF WAY MATTERS

  1. Public Footpath No.5. Alkborough.
  2. Proposed diversion of public footpath 214 (2), Broughton.
  3. Any other items, which the chairman decides are urgent, by reasons of special circumstances which must be specified.

Note:

  1. Reports are by the Service Director Highways and Planning unless otherwise stated.
  2. Extracts from the relevant legislation in respect of items 7 & 8 are available on request from the Environment Team, Church Square House, Scunthorpe.

Minutes

PRESENT: – Councillor Collinson (Chair).

Councillors Armitage, Bainbridge, Barker, Briggs, Bunyan, Eckhardt, Ellerby, England, Grant, C Sherwood, Wardle, and Whiteley.

Councillors Poole and Smith attended the meeting in accordance with Procedure Rule 37(b).

The committee met at Pittwood House, Scunthorpe.

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

The following member declared a personal and prejudicial interest : –

Member
Minute
Application
Nature of Interest
Councillor Bainbridge 963 (iv) 07/1204 Spoke on behalf of residents’ group

The following members declared personal interests :

Members
Minute
Applications
Nature of Interest
Councillor Armitage 963 (xiv) 07/1367 Vice–Chair of Gunness Parish Council
Councillor Bainbridge 963 (xvii) 07/1493 Ward Councillor
Councillor Barker 963 (viii) 07/1247 Ward Councillor
Councillor B Briggs 962 (iii) 07/1147 Member of Epworth Town Council and Ward member
Councillor B Briggs 963 (xii) 07/1302 Knew applicant
Councillor B Briggs 963 (xv) 07/1379 Ward member
Councillor Bunyan 963 (vii) 07/1218 Member of Broughton Town Council
Councillor Collinson 963 (vi) 07/1207 Member of Bottesford Town Council
Councillor Collinson 963 (xii) 07/1302 Applicant was  a member of the council
Councillor Eckhardt 962 (ii) 07/1099 Ward Member
Councillor Ellerby 963 (i) 07/1138 Ward Member and member of Town Council
Councillor Ellerby 963 (ii) 07/1141 Ward Member and member of Town Council
Councillor England 963 (xii) 07/1302 Applicant was fellow parish councillor and ward member
Councillor Grant 963 (vi) 07/1207 Member of Bottesford Town Council. Applicant was former work colleague
Councillor Wardle 963 (x) 07/1271 Member of Barrow Parish Council
Councillor Wardle 963 (xii) 07/1302 Knew the applicant
Councillor Whiteley 963 (vi) 07/1207 Member of Bottesford Town Council

The following member, attending the meeting in accordance with Procedure Rule 37 (b), declared the following personal and prejudicial interest –

Member
Minute
Application
Nature of Interest
Councillor Poole 963 (xii) 07/1302 Applicant

The following officers declared a non – pecuniary interest as follows: –

Officers
Minute
Application
Nature of Interest
Mr M Welton (Head of Planning) & Mrs V Wilcockson (Principal Solicitor) 963 (xvii) 07/1493 Applicant was former work colleague

The following members declared that they had been lobbied:-

Members
Application
Councillor Bainbridge 07/1204
Councillor Bunyan 07/1218
Councillor Eckhardt 07/1099

961 MINUTESResolved – That the minutes of the proceedings of the meetings held on 31 August 2007 (Policy Meeting) and 12 September 2007 having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

962 (37) APPLICATIONS DEFERRED FROM PREVIOUS MEETING – In accordance with the decisions at the previous meeting, members had undertaken site visits on the morning of the meeting. The Service Director Highways and Planning submitted reports and updated them orally.

(i) 07/1076 by Mr T King for the retention of a boundary wall and erection of an orangery, garden store and gateway at Kings Lynn, Melton Road, Wrawby.

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

(ii) 07/1099 by Mr and Mrs P Oliver for the erection of a two – storey extension and detached double garage at Laurel Cottage, 30 Commonside, Westwoodside.

Prior to consideration of this application an objector addressed the committee. He was concerned that the development would be a self-contained apartment with a separate access. It would block out natural light to his own property. It did not comply with the “30 degree rule”

Resolved – That permission be granted in accordance with the recommendation contained in the report subject to additional conditions requiring the development to be carried out in accordance with the amended plan received on 22 September 2007 and the obscure – glazed landing window to be non – opening.

(iii) 07/1147 by Mr S Fullwood for the enlargement of an existing fishing pond, creation of a new public car park and toilet facilities on land off West End Road, Sandtoft Road, Epworth.

Prior to consideration of this application a representative of the applicant addressed the committee. She stated that the proposed development would provide a valuable facility for local anglers.

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

963 (38) PLANNING APPLICATIONS – The Service Director Highways and Planning 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) 07/1138 by Full Throttle Karting for change of use to leisure facility incorporating indoor climbing wall and go kart track at former Branston Potato Storage, Cleatham Road, Kirton-in-Lindsey.

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

(ii) 07/1141 by Havelok Homes for the erection of 10 mixed affordable housing units at end of Mill Lane, Kirton–in–Lindsey.

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

The objector was concerned that one of the new properties would be less than three metres from his own home and would cause loss of light to that property. The surface water drainage was totally inadequate. The area had been flooded recently. There was no public transport to the site and the local primary school and doctors’ surgery were oversubscribed. Other permissions for residential development had been granted recently. The opportunity could have been taken to require a an element of affordable housing in those developments.

The applicant’s representative stated that a Housing Needs Survey had been carried out and had identified a local need for affordable housing. There was a high demand for affordable rented accommodation and this was increasing as house prices continued to rise.

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

(iii) 07/1199 by Mr G McDaid for the retention of fencing and decking, erection of new fencing and increase in height of an existing fence by 300mm at Ballakallin, Back Street, Alkborough.

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

The objector was concerned that the materials used in the construction of the development were inappropriate in a conservation area.. The development would lead to a loss of privacy and view for the objector.

The applicant stated that the fence was necessary for his security and privacy. He pointed out that no-one had a right to a view beyond the boundary of their own property.

Councillor Smith, attending the meeting in accordance with the provisions of Procedure Rule 37(b) spoke on this application.

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

(iv) 07/1204 by Haldenby Estates Ltd for the erection of a four–storey office block on site of the former Majestic Cinema, Oswald Road, Scunthorpe.

Councillor Bainbridge spoke against this application on behalf of the local community group. Having declared a personal and prejudicial interest, she then withdrew from the meeting during consideration thereof.

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

Councillor Bainbridge returned to the meeting.

(v) 07/1206 by Mr D Smith for the erection of a single-storey rear extension at Cemetery Lodge, 30 Wrawby Road, Brigg.

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

(vi) 07/1207 by Mr M Foster for the erection of a two-storey extension (re-submission of application 2007/0819) at 116 Moorwell Road, Bottesford.

Prior to consideration of this application an objector and the applicant addressed the committee. The objector stated that the extension would be too close to a neighbouring property and was unsuitable for its location.

The applicant stated that he had recently moved into the property which had an existing single-storey extension. This had not been built in compliance with building regulations and was damp with leaking water. The proposed extension would be an improvement.

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

(vii) 07/1218 by Mr K Haw for outline permission to erect a detached dwelling at 18 Chapel Road, Broughton.

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

(viii) 07/1247 by Mr R Murphy and Mrs P Barthorpe for the erection of a detached house and a detached domestic garage on land adjacent to The Old Post Office, Church Street, Amcotts.

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

(ix) 07/1263 by Advocate Developments Ltd for the erection of 3 detached dwellings with associated garages and new private road at the orchard site, adjacent to The Nutshell, Chapel Lane, Scawby.

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

The applicant’s representative stated that the application was a resubmission of a proposal previously refused on the grounds of the access being through a wall in the conservation area. The present application addressed the reason for the previous refusal.

The objector stated that the application was contrary to policies in the North Lincolnshire Local Plan. It would neither preserve nor enhance the Conservation Area. The development would extend to within two metres of the village green.

Councillor Poole, attending the meeting in accordance with the provisions of Procedure Rule 37 (b) spoke on this application.

Moved by Councillor Grant, seconded by Councillor Wardle –

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

Moved as an amendment by Councillor England and seconded by Councillor Bunyan –

That consideration of this application be deferred until such time as a response has been received from the drainage authority in view of the serious flooding problems that have been encountered in this area.

Amendment Lost
Motion Carried

(x) 07/1271 by D J Prescott Builders Ltd for the retention of an existing dwelling as constructed, together with the erection of a fence along the western boundary at High Chimneys, 4 Park View Close, Barrow–upon–Humber.

Prior to consideration of this application an objector addressed the committee. He was concerned that permission had been given previously for the dwelling on the site with a condition requiring a wall on the western boundary. A fence would not last as long and would need more regular maintenance.

Resolved  – That permission be refused on the grounds that there has been no change in circumstances since the condition requiring a wall on the western boundary of the site was imposed and that the development would still be unacceptable without a wall.

(xi) 07/1278 by Mr and Mrs G Thornton for the erection of 2 pairs of semi – detached houses, including demolition of existing bungalow (access not reserved for subsequent approval) on land at Winthorne, Town Street, South Killingholme.

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

Councillor Poole, attending the meeting in accordance with the provisions of Procedure Rule 37(b), having declared a personal and prejudicial interest in the following application 07/1302 left the meeting during consideration thereof.

(xii) 07/1302 by Penrhyn Properties for change of use of vacant bedsit to extended tearoom, erection of rear single-storey extension to provide toilet facilities and variation of condition 3 on planning permission 2005/0925 to ‘9.30am to 11.00pm Monday to Sunday’ at 46 High Street, Messingham.

Resolved – That permission be granted in accordance with the recommendation contained in the report subject to (i) the amendment of Condition 3 to read “ No development shall take place until a scheme for soundproofing for the building……”, and (ii) the amendment of condition 4 by the deletion of “2009” and the substitution of “2008”

Councillor Poole returned to the meeting.

(xiii) 07/1306 by Mr and Mrs C Griffiths for the erection of a boundary wall and gates to part of boundary (re-submission of 07/0629) at 4 Haytons Lane, Appleby.

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

(xiv) 07/1367 by Mr M J Anderson for the erection of a pair of semi – detached dwellings on land adjacent to 9 Old Village Street, Gunness.

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

(xv) 07/1379 by Mr N & G Mattu for the erection of 3 dwelling houses and a retail unit with flat above at former Post office, King Edward Street, Belton.

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

(xvi) 07/1395 by Mr and Mrs Borrell for the retention of a detached house with increased ridge height over that approved on 05/1819 and other minor amendments including solar panels to east and west elevations on plot adjacent to 21 Maltkiln Lane, Elsham.

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

(xvii) 07/1493 by Mr M Sidhu for the conversion of a semi – detached property into two self-contained flats with associated staircase (re-submission of PA/2007/0913) at 140 Rowland Road, Scunthorpe.

Prior to consideration of this application an objector addressed the committee. She was concerned that the proposal would create noise disturbance as a result of the living room in the first floor flat being next to her bedroom. She also referred to problems allegedly caused by previous tenants of the house.

The Head of Planning advised that Condition 3 required a soundproofing scheme to be approved  and implemented for the development.

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

964 (39) ENFORCEMENT UPDATE – The Service Director Highways and Planning 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.

965 (40) CONFIRMATION OF A TREE PRESERVATION ORDER – THE OLD VICARAGE, CHURCH GATE, BURTON–UPON–STATHER – The Service Director Highways and Planning submitted a report inviting the committee to decide whether to confirm a Tree Preservation Order made on a sycamore tree within land at The Old Vicarage, Burton–upon–Stather.

Following the making of the Order an objection had been received. A copy of the objection was appended to the report.

Prior to consideration of the item the objector addressed the committee. He stated that the tree was not of great amenity value. It overshadowed a rowan to the north west. He was happy to plant any type of tree as a replacement. The Head of Planning advised that the council could not insist on a replacement tree.

Resolved – That the order not be confirmed.

966 (41) PUBLIC RIGHTS OF WAY MATTERS

  • Public Footpath No. 5 Alkborough
  • Proposed Diversion of Public Footpath 214, Broughton

Members expressed their concern that they had not received recent training on rights of way matters and did not feel able to determine these items.

Resolved – (a) That consideration of these items and any public rights of way reports be deferred until such time as members have received training on public rights of way, and (b) that such training be arranged as a matter of urgency.