Planning Committee – 23 April 2008

Chair: Councillor Collinson
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 26 March 2008 as a correct record and authorise the chair to sign.

PLANNING MATTERS

  1. Applications deferred from previous meeting for site visit:-
    1. 08/0178 by Mr R Bassingdale for the change of use of agricultural land to domestic use to enable the construction of a tennis court with 3m high fencing at The Old Barn, Hall Farm, Owston Ferry Road, Low Burnham.
    2. 07/2073 by Mr T Topam for the erection of a pair of semi-detached dwellings (re-submission of application no.PA/2007/0673) at 10 Market Place, adjacent to 2 Silver Street, Owston Ferry.
  2. Planning and other applications for determination by the committee.
  3. Enforcement Update.

PUBLIC RIGHTS OF WAY MATTERS

  1. Claimed Byway Open to All Traffic, Misson Bank and Thatch Carr Bank, Wroot – Report of the Service Director Highways and Planning.
  2. Claimed Public Bridleway, River Idle, Haxey – Report of the Service Director Highways and Planning.
  3. Application for Definitive Map Modification Order, Winterton 156a – Report of the Service Director Highways and Planning.
  4. Any other items, which the chair decides are urgent, by reasons of special circumstances which must be specified.

Notes:

  1. Reports are by the Head of Planning unless otherwise stated.
  2. Extracts from the relevant legislation in respect of items 7 – 9 are available on request from Colin Wilkinson, Church Square House, Scunthorpe, Telephone 01724 297391.

Minutes

PRESENT: Councillor Whiteley (Vice-Chair in the chair).

Councillors Ali, Barker, Bainbridge, B Briggs, Bunyan, Carlile, Eckhardt, England, Glover, Gosling, Grant, and Wardle.

Councillor Stewart attended the meeting in accordance with the provisions of Procedure Rule 37 (b).

The committee met at Pittwood House, Scunthorpe.

1025 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS, SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) AND WHIPPING ARRANGEMENTS (IF ANY)

The following members declared personal interests: –

Members Minute Applications Nature of Interest
Councillor Barker 1028 (iv) 07/2068 Knew applicant.
Member of Crowle Town Council
Councillor B Briggs 1028 (vi) 08/0097 Member of Epworth Town Council
Councillor B Briggs 1028 (ix) 08/0225 Member of Epworth Town Council
Councillor B Briggs 1028 (x) 08/0249 Member of Epworth Town Council
Councillor England 1028 (ii) 07/1942 Member of Messingham Parish Council
Councillor Gosling 1028 (iii) 07/2005 Member of Gunness Parish Council
Councillor Grant 1028 (i) 08/0396 Member of Bottesford Town Council
Councillor Wardle 1028 (viii) 08/0199 Knew applicant
Councillor Whiteley 1028 (i) 08/0396 Member of Bottesford Town Council

The following members declared that they had been lobbied: –

Members Minute Application
Councillor Barker 1028 (iv) 07/2068
Councillor Eckhardt 1027 (i) 08/0178

1026 MINUTESResolved – That the minutes of the proceedings of the meeting held on 26 March 2008 having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

1027(83) 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 Head of Planning submitted reports and updated them orally.

(i) 08/0178 by Mr R Bassingdale for the change of use of agricultural land to domestic use to enable the construction of a tennis court with 3m high fencing at The Old Barn, Hall Farm, Owston Ferry Road, Low Burnham

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

Moved by Councillor Eckhardt, seconded by Councillor B Briggs –

That permission be refused on the grounds that the site is not suitable for a small hamlet; it would be detrimental to the amenities of neighbouring properties and the countryside and would be an unacceptable extension of the residential curtilage

Motion Lost

Moved by Councillor Grant and seconded by Councillor Ali –

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

Motion Carried

(ii) 07/2073 by Mr T Topham for the erection of one pair of semi-detached dwellings (re-submission of 07/0673) at 10 Market Place, adjacent to 2 Silver Street, Owston Ferry.

Members were concerned that the proposed dwellings would be too close to a neighbouring property and would cause a loss of light to a landing in that property.

Resolved – That permission be refused on the grounds that the proposal would have an overbearing and domineering effect on the adjacent property.

1028 (84) PLANNING APPLICATIONS – The Head of 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) 08/0396 by Ms D Bolland for the erection of 5 dog kennels with associated service sheds (re-submission of PA/2007/0694) at 335 Messingham Road, Bottesford.

Prior to consideration of this application an objector addressed the committee. She considered that the proposed use would be inappropriate for a residential area. It would cause nuisance from barking and fouling. It would be contrary  to policy DS 1 of the Local Plan. The nearest dwelling was only 35 metres away.

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting.

(ii) 07/1942 by Mr P Trevethan for the conversion of part of an existing dwelling into a mid terrace property creating two adjoining properties at 66 High Street, Messingham.

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting.

(iii) 07/2005 by Gallagher Estates for outline permission for the erection of dwellings on an additional area of land (site area 0.27 hectares) which was omitted from application 07/0828 (still undetermined) on land north of Doncaster Road, A 1077, Gunness

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

(iv) 07/2068 by Mrs P Aked for the erection of a two-storey dwelling with associated double garage on land adjoining the Old Vicarage, Church Street, Crowle.

Prior to consideration of this application the applicant addressed the committee. She stated that there were no records of the location having been flooded. The Environment Agency had no objections to the application. Permission had recently been granted for the conversion of the church hall within nine metres of the site.

Moved by Councillor Bunyan, seconded by Councillor Wardle –

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

Motion Lost

Moved Councillor Grant and seconded by Councillor Eckhardt –

That permission be granted subject to conditions relating to landscaping, highways, materials, protection of trees and a flood risk assessment as well as the standard time limit.

Motion Carried

(v) 08/0051 by Mrs M Brown for the change of use and refurbishment of existing outbuildings to a dwelling at outbuildings rear of 19 Church Street, Haxey

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

(vi) 08/0097 by Mr M Turner for the erection of a detached 4-bedroomed house and detached double garage on plot at 78a High Street, Belton

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

(vii) 08/0129 by Mrs J Price for the erection of a bungalow with attached garage and erection of a single detached garage to serve 10 The Nooking, Haxey

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

(viii) 08/0199 by I E Akester for the change of use of existing ground floor flat to a sandwich bar at 49 Waterside Road, Barton-upon-Humber.

Prior to consideration of this application the applicant addressed the committee. He stated that the property had been a shop for many years. It had an existing permission for three flats.

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting.

(ix) 08/0225 by Mr J Gee for the erection of a domestic garage at 1 Melwood Close, Epworth

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

(x) 08/0249 by Mr and Mrs I Harvey for the erection of an integral garage and construction of a new access at Westgarth, 1a West End Road, Epworth

Prior to consideration of this application the applicant and a representative of an objector addressed the committee. The applicant referred to issues raised by the objector by a neighbour. He stated that the proposed design was in keeping with its surroundings. It would be eight metres from his neighbour’s dwelling and would be well screened. The objector’s representative raised concerns regarding the potential impact on the amenity of the neighbouring property, the close proximity of the proposed garage to that property and the potential for an excessive number of vehicle movements to and from the property.

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

(xi) 08/0275 by Mr and Mrs G A Cochran for outline permission to erect three dwellings and a double garage with layout and appearance not reserved for subsequent approval at 39 South Cliff Road, Kirton–in–Lindsey.

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

(xii) 08/0296 by Mr P Fryer for the erection of a replacement dwelling (including the demolition of existing dwelling) at 35 North Street, Winterton.

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

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting.

(xiii) 08/0345 by Mr S Clark for the erection of a new grain store, garaging, workshop and store (including demolition of existing derelict sheds) at High Burnham Farm, High Burnham, Haxey.

Prior to consideration of this application the applicant’s agent addressed the committee. He stated that there was an important need for this building.

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

Resolved – That consideration of this application be deferred until the next meeting and that members visit the site prior to that meeting.

1029 (85) ENFORCEMENT UPDATE – The Head of 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.

1030 (86) CLAIMED BYWAY OPEN TO ALL TRAFFIC, MISSON BANK AND THATCH CARR BANK, WROOT

This report was withdrawn on the advice of the Monitoring Officer

1031 (87) CLAIMED PUBLIC BRIDLEWAY, RIVER IDLE, HAXEY – Prior to consideration of this item an objector addressed the committee. He was concerned that to allow horses onto the path would reduce the banking and increase the risk of flooding of the adjacent land. The bank was wide enough on the Nottinghamshire side of the border for a bridleway but not on the North Lincolnshire side.

The Service Director Highways and Planning submitted a report inviting the committee to determine an application made under section 53 of the Wildlife and Countryside Act 1981 that sought to add as a bridleway the part of Public Footpath 116 in the Parish of Haxey that ran alongside the River Idle and add a further length of bridleway extending eastwards a short distance to the Nottinghamshire county boundary.

The application had been made on behalf of Nottinghamshire County Council. The application route has a length of around 2,835 metres overall. Appendices to the report contained plans showing the route and evidence submitted in support of the application.

Resolved – (a) That an order be made to modify the definitive map and statement by adding a public bridleway along the northern bank of the River Idle from Idle Stop eastwards to the Nottinghamshire county boundary, and b) that a further report be submitted to the committee should irreconcilable duly served objections and/or representations be lodged.

1032 (88) APPLICATION FOR DEFINITIVE MAP MODIFICATION ORDER, WINTERTON 156A – The Service Director Highways and Planning submitted a report inviting the committee to determine its stance in submitting a disputed definitive map modification order to the Secretary of State.

The order to add (“Definitive Map Modification (Public Footpath 156a, Winterton) Order 2007 (1)”) had been made on 9 January 2007 and advertised in the Scunthorpe Telegraph on 2 February 2007. Five objections had been received within the statutory period. The report summarised the objections, commented on them,. and outlined the options open to the committee.

The Service Director drew attention to the omission of a map from the report which showed an amended line which it was accepted was the correct route. This was displayed for all members of the committee at the meeting.

Resolved – That the order be referred to the Secretary of State with a recommendation it be confirmed subject to amendments.