Planning Committee – 13 January 2010

Chair: Councillor Collinson
Venue: The Council Chamber, Pittwood House, Scunthorpe
Time: 2pm


  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 9 December 2009 as a correct record and authorise the chair to sign.
  4. Major planning applications for determination by the committee.
  5. Planning and other applications for determination by the committee.
  6. Consultation by other authority.
  7. Enforcement update
  • Incomplete Developments.
  • Guidelines on producing transport assessments – Report of the Service Director: Highways and Planning.
  • Any other items, which the chair decides are urgent, by reasons of special circumstances, which must be specified.


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

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

Councillor Regan attended the meeting in accordance with the provisions of Procedure Rule 1.37 (b)

The committee met at Pittwood House, Scunthorpe.


The following members declared personal interests: –

Nature of Interest
Cllr Carlile 1207 (vi) 09/1388 Family were members of the club
Cllr N Sherwood 1207 (ii) 09/1163 Knew the applicant

The following members declared that they had been lobbied:-

Cllr C Sherwood 1207 (iii) 09/1188
Cllr N Sherwood 1207 (iii) 09/1188

1205 MINUTESResolved – That the minutes of the proceedings of the meeting held on 9 December 2009, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

1206 (52) MAJOR PLANNING APPLICATIONS – The Head of Planning submitted a report incorporating a schedule containing details of major applications for determination by the committee including summaries of policy context, representations arising from consultation and publicity and assessment of the applications.

(i) 09/0908 by Longhurst Group Ltd for the erection of twenty four self-contained retirement apartments with communal facilities at Tennyson Close, Brigg.

Prior to consideration of this application two objectors addressed the committee. They did not object to the principle of the development, but were concerned at the increase in the number of flats proposed and the potential for overlooking of neighbouring properties. As the occupants would be older people they would tend to be at home for most of the time. Many of the occupants would have visitors and overnight guests including grandchildren There was therefore a need for more car parking provision. There should also be provision for a children’s play area. The objectors were also concerned about the loss of mature and semi-mature trees on the site.

Resolved – That consideration of this application be deferred until a future meeting and that members visit the site prior to that meeting. The reason for the site visit is to allow members to assess the potential for overlooking of neighbouring properties.

1207 (53) PLANNING AND OTHER 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). 09/0926 by P & S Developments for permission to erect a detached dwelling on land adjacent to Orobanche, Stothards Lane, Goxhill.

Moved by Councillor Wardle and seconded by Councillor B Briggs –

That permission be refused.

Motion Lost

Moved by Councillor Grant and seconded by Councillor Barker –

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

Motion Carried

(ii) 09/1163 by Mr K Coxon for installation of a radio antenna on an existing mast at 29 Chapel Road, Broughton.

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

(iii) 09/1188 by T Dobson Ltd for the replacement of an extant permission (PA/2004/1945 – extension of cul-de-sac turning head) in order to extend the time limit for implementation at The Blackthorns, Broughton.

Prior to consideration of this application an objector and the applicant addressed the committee. The objector was concerned that if the road was to be used as an access to land to the south it would be too close to an elderly person’s property. It would also have an adverse impact on other nearby properties. If an access was to be via The Blackthorns it should be via the route previously approved.

The applicant stated that the application was solely for extension of the time limit for commencement of the previously approved development. The road was an access to a brownfield site.

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

(iv) 09/1209 by Mr M Horsefield for the erection of first floor offices and change of use of ground floor offices to residential, including the erection of a domestic single-storey extension and garage at 53 High Street, Belton.

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

(v) 09/1221 by Mr A Smith for the retention of a stable block and erection of attack/veterinary room with WC and associated drainage on land adjacent to Star Croft, Turbary Road, Haxey.

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

(vi) 09/1388 by Vodafone Limited for a telecommunications installation comprising a 16m high monopole (to replace existing floodlight) supporting 3 antennas and 5 floodlights, ground base equipment cabinets and ancillary development at Scunthorpe Rugby Union and Cricket Club, Heslam Park, Ashby Road, Scunthorpe.

Prior to consideration of this application Councillor Gosling, attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b), spoke on the application.

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

1208 (54) CONSULTATIONS BY OTHER AUTHORITIES OR BODIES – The Head of Planning submitted a report containing details of an application on which the council had been consulted including a summary of policy context, representations arising from consultation and publicity and assessment of the application.

Prior to consideration of this application Councillor Regan, attending the meeting in accordance with the provisions of Procedure rule 1.37 (b), spoke on the application.

(i) 09/1269 by Drax Biomass (Immingham) Ltd for the construction of and operation of a 290 megawatt (MW) biomass fuelled electricity generating station on land to the north of Humber Road, South Killingholme.

The Head of Planning explained that the council had to respond to the consultation before the end of February. The council had carried out a round of consultations with statutory and non-statutory bodies and this was at an advanced stage. At the time that the report had been written a number of consultation responses were still awaited. The Head of Planning gave a full update on consultation responses subsequently received as follows.

Natural England (NE) had confirmed agreement with the majority of the analysis by the applicants in respect of air quality except to point out that the effect on air quality as a result of the increased transport usage in respect of biomass and ash from both road traffic and shipping had not been addressed and should be before the application is determined.

Information had been submitted by the applicants confirming that a meeting had taken place with NE to discuss the scope of the appropriate assessment, the Special Protection Area birds, noise and visual disturbance, water intake and outfall issues, air quality, protected species and landscape. The applicants had agreed to send further details to help NE and address these outstanding issues in the New Year.NE maintained its objection for the time being.

English Heritage had no objection to the proposal.

North East Lindsey Drainage Board asked that the application should be refused at present on grounds of flood risk and the fact that it was premature in advance of a comprehensive drainage infrastructure being available.

Dialogue was continuing between the applicants and the council’s archaeology department.

The Highways Agency commented that it was good practice to adopt a travel plan and work should commence on such a document. A planning obligation should be secured with the applicants to ensure that not more than 200,000 tonnes of product were delivered to the site by road and such an obligation should also include catering for shut-down periods when no adverse impact on the A160 must be evident.

Furthermore, a construction management plan should be a requirement primarily due to the improvement works that are proposed to commence in 2013 on the A160 which did appear to have a potential date clash with the construction of the project. Accordingly, the agency requested that the application should not be determined until these matters were satisfactorily addressed and reserved the right to impose appropriate conditions once the above issues had been adequately addressed.

The Highways Team advised conditions but, similar to the Highways Agency, required issues of the travel plan, construction management plan, and other matters relating to shut-down periods to be addressed by obligation or appropriate conditions.

The Environmental Protection Team was continuing technical dialogue in respect of a number of matters raised earlier and this dialogue is proving fruitful. The department was confident that within a short period of time all issues of concern to them would have been adequately addressed. It requested a condition restricting the fuel type to exclude the burning of waste with the exception of recycled paper, untreated wood from construction and demolition and other untreated waste wood.

The Regional Planning Body supported the development in principle as it was providing renewable energy generation in line with the Regional Spatial Strategy but this support in principle did not prejudge the need for issues relating to the proposed development’s siting, design, local access, transport impacts, landscape and ecology assessments and compliance with environmental standards to be assessed by the decision-making body.

Resolved – That the Secretary of State for Energy and Climate Change be advised that, after taking account of all relevant international, national, regional and local policy, together with all submitted and relevant environmental information which accompanies this application, North Lincolnshire Council wishes to raise no objection to the proposal receiving consent under Section 36 of the Electricity Act and also deemed planning permission being granted. Any consent should, however, take into account and consider all objections and concerns expressed by relevant bodies, and appropriate conditions relating to the following matters should be imposed following consultation with the local planning authority prior to the preparation and signing off of an Appropriate Assessment under the Habitat Regulations:

(i) statutory time limit

(ii) all relevant highway and transportation matters

(iii) all matters identified by the Appropriate Assessment under the Habitat Regulations

(iv) all other relevant ecological, habitat, ornithological and protected species issues

(v) appropriate noise limits

(vi) appropriate controls on construction methods, noise and times of operation

(vii) land contamination

(viii) archaeology

(ix) flood risk and related issues raised by the Environment Agency, including drainage infrastructure

(x) aviation safety

(xi) additional landscaping

(xii) fuel ratio/methods of transportation in line with the initiatives of the Environmental Statement

(xiii) colour of building/structures

(xiv) adoption of best practicable measures in all relevant processes

1209 (55) 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.

1210 (56) INCOMPLETE DEVELOPMENTS – The Service Director Legal and Democratic and the Head of Planning submitted a joint report informing members of the measures that could be taken to deal with developments that had been commenced but not completed within the time limits set out in the relevant planning permission.

Sections 91 and 92 of the Town and Country Planning Act 1990, as amended, (‘the Act’) provided that every planning permission should be granted subject to the condition that the development to which it related must be begun not later than three years beginning with the date on which the permission was granted, or such other period specified by the local planning authority. If the development was not commenced within the specified period, the permission would lapse.

In order to preserve the permission, many applicants carried out sufficient work to commence the development within the specified period but then left the development unfinished.

Members of both this authority and of town/parish councils had expressed concern about this and had asked what could be done about it.

Section 56(4) of the Act specified what needed to be done to commence development and to implement a planning permission. The developer had to carry out a ‘material operation’ as set out in the report.

Section 94 applied where development was begun within the specified period but not completed. It enabled the local planning authority to serve a notice requiring development to be completed within a specified period if it was of the opinion that the development would not be completed within a reasonable period. The notice was served on the owner and occupier of the land and on any other party who would be affected. It had to be confirmed by the Secretary of State before it could take effect.

Assuming that the notice was confirmed by the Secretary of State, if the development was not completed by the date specified the planning permission to which it related would become invalid. This meant that no further work could take place under the permission, but the local planning authority could not take action against any work that had already been carried out. So if a building was half-complete, it would remain so and the local planning authority could not require its demolition under the terms of a completion notice. If, however, the planning permission was in respect of a number of dwellings on a site and only half of them had been built by the specified date, the remaining half could not be built.

It might be possible to order any half-completed buildings to be demolished by serving a notice under Section 215 of the Act. This allowed the local planning authority to take action if it appeared that the amenity of the area was adversely affected by the condition of land, which could include buildings erected on the land. Any person served with a Section 215 notice had a right of appeal to the Magistrates’ Court but if the appeal was dismissed, or none was made, it was a criminal offence to fail to comply with the notice. In addition, the local planning authority could carry out the work itself and re-charge the cost to the owner of the land.

The council had successfully used the procedure contained in Section 215 of the Act on a number of occasions. It was most effective in getting untidy gardens improved by the removal of rubbish, tall weeds, scrap cars, etc. It was also effective in improving the appearance of derelict or semi-derelict buildings where the appearance was damaging the visual amenity of the area.

Any amendment to the procedure contained in Section 94 of the Town and Country Planning Act, to enable a local planning authority to require the removal of any work already carried out where a completion notice had been served, would require Central Government to amend primary legislation.

Resolved – (a) That the report be noted, and (b) that a further report be submitted to enable members to give consideration to lobbying the LGA on this issue.

1211 (57) GUIDELINES ON PRODUCING TRANSPORT ASSESSMENTS – The Service Director Highways and Transport submitted a report on the production of the “Guidelines on Producing Transport Assessments”.

Transport Assessments (TAs) were required for larger developments, to ensure that the likely transport impacts were fully considered and addressed at an early stage of the proposals.

The Department for Transport and Communities and Local Government jointly published “Guidance on Transport Assessment” in March 2007. This replaced the “Guidelines for Traffic Impact Assessment” published by the Institution of Highways and Transportation in 1994. The new guidelines incorporate recent changes in government policy and general guidance regarding improved sustainability in transport.

The local guidelines were based on the national guidance, which provided advice to developers on when a TA needed to be submitted and the likely scope of the assessment. The guidelines also emphasise the benefits of pre-application discussions with Highways.

A TA was a comprehensive and systematic process that set out the transport measures relating to a proposed development. A properly prepared assessment should address the following:

  • Reducing the need to travel, especially by car
  • Sustainable accessibility
  • Dealing with residual trips
  • Mitigation measures

The TA should ensure that the provision of good sustainable transport links are considered as an integral part of the development.

A properly prepared TA submitted with the planning application, would help the Transport Planning Team to accurately assess the anticipated impact of the proposed development on the local transport network. This enabled Highways comments and recommendations to be submitted to the relevant Planning Officer more efficiently, than they might otherwise be.

Resolved – (a) That the Guidelines be approved, and (b) that the Guidelines be made available on the council’s website.