northlincs.gov.uk

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 18 July 2007 as a correct record and authorise the chairman to sign.

PLANNING MATTERS

4. Application deferred from previous meeting for site visit.
5. Planning and other applications for determination by the committee.
6. Approval of Reserved Matters.
7. Enforcement Update.

PUBLIC RIGHTS OF WAY MATTERS

8. Report for determination by the committee.
9. 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 item 8 are available on request from Colin Wilkinson, Church Square House, Scunthorpe.

Minutes

PRESENT: Councillor Collinson (Chair).

Councillors Ali, Bainbridge, Barker, B Briggs, Carlile, Bunyan, Eckhardt, England, Grant, C Sherwood, Wardle, and Whiteley.

Councillors Poole, O’Sullivan and Regan attended the meeting in accordance with Procedure Rule 37 (b).

The committee met at Pittwood House, Scunthorpe.

943  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
Cllr B Briggs	946 (ii)	07/0644	Object to application Member of Epworth Town Council Member of Imperial Hall Committee Ward Member

The following members declared personal interests:

Members	Minute	Applications	Nature of Interest
Cllr B Briggs	946 (iii)	07/0772	Ward Member
	946 (vii)	07/0895	Ward Member and Member of Epworth Town Council
	946 (iv)	07/0901	Ward Member
	947 (i)	07/0843	Ward Member Member of Epworth Town Council Knew applicant
Cllr Barker	946 (x)	07/0968	Ward Member
Cllr Bunyan	949	Public Bridleway 319	Ward Member
Cllr Collinson	949	Public Bridleway 319	Employed by Corus
Cllr Wardle	945 (i)	07/0657	Knew objector’s family Knew supporter of application

The following members declared that they had been lobbied:

Members	Application
Cllr Bunyan	Public Bridleway 319
Cllr England	Public Bridleway 319

944  MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 18 July 2007, having been printed and circulated among the members, be taken as read and correctly recorded and be signed by the chairman.

945  (25) APPLICATIONS DEFERRED FROM PREVIOUS MEETING –In accordance with the decision at the previous meeting, members had undertaken a site visit on the morning of the meeting. The Service Director Highways and Planning submitted a report and updated it orally.

(i) 07/0657 by Dr G R Borchi for planning permission to erect a single storey extension to doctor’s surgery and erect a security perimeter fence, at The Surgery, Town St, South Killingholme.

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

The objector stated that the application for a security fence would mean the neighbouring garden becoming like a prison. There were concerns regarding the proposed access as this was the only available access to the neighbouring property.

The Head of Planning stated that the applicant had withdrawn the application for security fencing and had stated that any fencing erected would be two metres or less and thus within permitted development rights.

The committee raised questions regarding the access and whether it was private access or a public right of way, and whether it would be specifically for disabled access. It was stated that the access was private and it could not be conditional on being solely for disabled people.

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

946  (26) 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) 07/0582 by Mr J Thompson for planning permission to erect a replacement dwelling, at 56 High St, Burringham.

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

Councillor B Briggs, having declared a personal and prejudicial interest left the meeting for consideration of the following item.

(ii) 07/0644 by Mr A Bruce for outline planning permission to erect four retail units for general retail use and office use and/or restaurant use with four units of domestic accommodation above (layout, scale, external appearance and access not reserved for subsequent approval), at 40 Chapel St, Epworth.

Concerns were raised by the committee regarding an increase in on-street parking in Epworth.

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

Councillor B Briggs returned to the meeting.

(iii) 07/0772 by Mr and Mrs G Marsh for planning permission to erect a single storey extension, at 70 High St, Belton.

Prior to consideration of this application the applicant’s agent addressed the committee.

The applicant’s agent stated that the outbuildings to the property were not listed. Some work had previously been done to the property which was below standard. The applicant’s proposals were to replace an existing flat roofed extension using reclaimed materials and to maintain the character of the property.

The committee raised questions about the development boundary.The Head of Planning stated that the development boundary did traverse the property, but that the extension was in a designated garden area and it was not considered that granting this application would set a precedent for backland development outside the development boundary.

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

(iv) 07/0901 by Mr & Mrs G Marsh for listed building consent to erect a two storey extension to side of garages, at 70 High St, Belton.

The applicant’s agent had previously addressed the committee with reference to application 07/0772.

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

(v) 07/0813 by Mr S Knowles for planning permission to erect extensions to create a two storey dwelling and associated detached garage, at 24 High St, Haxey.

Prior to consideration of this application the applicant’s agent addressed the committee.

The applicant’s agent stated that the main concern of the objections to the application was the impact on neighbouring properties.There was already a bungalow on the site, an extension was to be demolished thus the new building would have a smaller footprint. The proposal was for a standard four bedroomed house which would not be out of character for the area and would improve the street scene. A garage would be appropriate for the dwelling and would be situated within the garden.

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

(vi) 07/0828 by Gallagher Estates Ltd for outline planning permission for residential development, open space, primary school and associated access and landscaping (access not reserved for subsequent approval), at land rear of Tesco, Doncaster Road, east of A1077, Flixborough/Gunness/Scunthorpe.

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

The objector stated that he had a letter from the Environment Agency in June 2007 stating that the site was subject to groundwater contamination, the site was also a category 3a floodzone which meant that there was a high probability of flooding.The application gave no assurances regarding the mitigation of flooding.

The Head of Planning responded by stating that the Environment Agency had initially objected to the application, but since then the council had carried out a sequential test. The Environment Agency were now satisfied that the application was acceptable and had removed their objection in a letter dated 1 August 2007.

Assessing flood risk was more than just whether or not a site was a flood plain, government guidance set out in green paper advice did not preclude development on flood plains and the matter was dependant upon mitigation.North Lincolnshire Council led the way in best practice and had worked with the Environment Agency to establish one of the first Strategic Flood Risk Assessments in the country.

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

Councillor Poole stated that due to the size and impact of the application it should be considered at a separate special meeting of the Planning Committee and procedure rules altered to allow more than one spokesperson.

Councillor Regan stated that there were already a number of problems in the area with a mix of business and residential properties. Councillor Regan sought assurance that there would be more traffic assessment and consideration of the noise from businesses and that the existing problems would be alleviated, not exacerbated.

A Traffic Impact Assessment had already been prepared and assessed by the council’s Highways department who raised no objections. With regard to noise disturbance from existing commercial premises, a landscaped buffer zone was included on the eastern boundary adjacent to these premises to mitigate against potential noise. When applications containing the details of the site layout were submitted officers would be looking at this issue and assessing it.

The committee stated that the land had been designated for housing in the North Lincolnshire Local Plan since 1999, and if the committee chose to refuse the application, it was possible that the decision could be overruled by an inspector and then North Lincolnshire Council would have less control over the conditions.

The Acting Head of Strategic Regeneration, Housing and Development pointed out that North Lincolnshire was required to provide for around 11,000 new dwellings over the next fifteen years.

The Head of Planning stated that affordable housing was included within the scheme and provision of between 10 per cent and 15 per cent of dwellings would be affordable and this was included within the section 106 agreement that was being prepared. The section 106 agreement would also require the developers to produce a Green Travel Plan.

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

(vii) 07/0895 by Mr & Mrs Durning for planning permission to erect a two storey extension and front porch, at 2 The Poplars, Epworth.

The Head of Planning informed the committee that the objection to the application had been withdrawn.

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

(viii) 07/0900 by Mr A Quirke for planning permission to erect a two storey detached dwelling with associated detached garage (re-submission of 2007/0539), at the Bowling Green, St Barnabus Road, Barnetby le Wold.

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

The objector stated that in 1952 his bungalow had been built to overlook the bowling green and the proposed application would spoil the pleasant open view and also reduce the amount of light to his property, particularly in the winter months.

The applicant stated that consideration had been given to the overshadowing and overlooking effects on neighbouring properties and the plans had been re‑drawn accordingly following the withdrawal of a previous planning application.

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

(ix) 07/0966 by J and S Marsh for planning permission to erect an outdoor sand menage, at Garners Hill Farm, Thornton Road, Goxhill.

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

The objector stated that she had concerns regarding an increase in vehicular movements and also a less aesthetic view from her property.  She sought assurance that the site was to remain for private and not commercial use, and also had concerns regarding sand running off the site on to her property during periods of heavy rain.

The applicant stated that she was happy to plant trees to improve the view from the neighbouring property, she assured the committee that the proposal was for personal use only.

Resolved – That permission be granted in accordance with the recommendation contained in the report, with the additional conditions:

4. No development shall take place until proposals for landscaping have been submitted to and approved by the Local Planning Authority. The proposals shall include indications of all existing trees and hedgerows on the site, and details of any to be retained, together with measures for their protection during the course of development.

Reason
To enhance the appearance of the development in the interests of amenity.

5.   All the approved landscaping shall be carried out within twelve months of development being commenced (unless a longer period is agreed in writing by the Local Planning Authority). Any trees or plants which die, are removed or become seriously damaged or diseased within five years from the date of planting shall be replaced in the next planting season with others of similar size and species to those originally required to be planted, unless the Local Planning Authority agrees in writing to any variation.

Reason
To enhance the appearance of the development in the interests of amenity.

6.  The proposed menage shall be used solely for domestic purposes and not for any business or commercial activity at any time without the prior approval of the Local Planning Authority.

Reason
To prevent the introduction of any non-residential use onto the site which may have an adverse impact on residential amenity contrary to the provisions of policy DS1 of the North Lincolnshire Local Plan.

(x) 07/0986 by Lovel Cooper Ltd for planning permission to erect two dwelling houses and one bungalow with associated off street parking, at The Bungalow, North St, Crowle.

A member of the committee had concerns about the application, thought it was out of character with the surrounding area, it would be over development of the site and that there was already insufficient on-street parking in the area.

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

(xi) 07/1013 by Mr J Lock for planning permission to convert part of a dwelling into independent relative annexe and provide a first floor extension over an existing kitchen and erect a new detached garage (re-submission of 2007/0698), at 27 Akeferry Road, Westwoodside, Haxey.

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

(xii) 07/1028 by Mrs P Green for planning permission to retain the use of breeding kennels, dog grooming and rescue kennels, at High Ridge Farm, Burnham Road, Owston Ferry.

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

(xiii) 07/1060 by R J & J A Bottomley for planning permission to convert a stable block into two holiday cottages, at the stable block at the White House, Low Road, Worlaby.

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

The applicant’s agent stated that the application would be less of a nuisance in terms of noise and smell than the present usage as stables.The applicant had proposed the erection of a fence to prevent overlooking of neighbouring dwellings. The buildings would be sympathetically restored and be a boost to tourism in the area.

The objector spoke on behalf of neighbouring residents. He was concerned about the narrow access to the site on a busy road near a school. There would be a loss of privacy and overlooking to and from the adjacent dwellings.

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

(xiv) 07/1155 by R J & J A Bottomley for listed building consent to convert a stable block into two holiday cottages, at the stable block at the White House, Low Road, Worlaby.

The applicant’s agent and an objector had previously addressed the committee with reference to application 07/1060.

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

947  (27) APPLICATIONS FOR APPROVAL OF RESERVED MATTERS FOLLOWING THE GRANT OF OUTLINE PERMISSION – The Service Director Highways and Planning submitted reports informing members aboutapplications for approval of reserved matters which were ready for determination. Outline planning permission had already been granted and the developments 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 developments (excluding any of these matters which were expressly approved at the time outline permission had been granted).

(i) 07/0843 by North Linc Property Holdings for approval of reserved matters following outline planning permission 2006/1898 granted 23/01/07 for the erection of a detached house and garage, at Plot 3, The Adway, Battle Green, Epworth.

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

948  (28) 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.

949  (29) PUBLIC BRIDLEWAY 319, ROXBY CUM RISBY – The Service Director Highways and Planning submitted a report seeking the early re‑opening of Public Bridleway 319, Roxby cum Risby.

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

The objector stated that the bridleway was a highway maintainable at public expense and had been for 150 years. Revoking the order would not change the status.

Public Bridleway 319 was temporarily stopped up in 1968 for a period of 75 years. The purpose of the stopping up was to facilitate mineral extraction by surface working.Despite the stopping-up order, the bridleway had never been disturbed and mineral extraction in the area had long since ceased.

Arguments for and against the early re-opening of the bridleway had been elicited through consultation.  These were summarised in the report. The Lincolnshire Fieldpaths Association believed that the bridleway was in fact a carriageway anyway.

The power of revocation was vested in the Government Office.

Resolved – (a) That a request be made to the Government Office for Yorkshire and The Humber that “The Stopping Up of Highways (County of Lincoln, Parts of Lindsey) (No.12) Order 1968” be revoked as soon as possible; and (b) that an investigation be made into the assertion by the Lincolnshire Fieldpaths Association that Public Bridleway 319 enjoys carriageway status. The latter would then be the subject of a later report.