Planning Committee – 19 October 2011

Chair:  Councillor Bunyan
Venue:  The 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 21 September 2011 as a correct record and authorise the chair to sign
  4. Planning and other applications for determination by the committee
  5. Enforcement update
  6. Access and Management Agreement – Messingham – Report of the Director of Infrastructure Services
  7. Northside, Haxey – Report of the Director of Infrastructure Services
  8. Any other items, which the chair decides are urgent, by reasons of special circumstances, which must be specified.

Note: All reports are by the Acting Head of Planning unless otherwise stated.

MINUTES

PRESENT:  Councillor Bunyan (in the chair).

Councillor Wardle (Vice–Chairman), Councillors Ali, Allcock, Collinson, England, Gosling, Grant, Rowson and N Sherwood.

Councillors Barkworth and Waltham attended the meeting in accordance with Procedure Rule1.36 (b).

The committee met at Pittwood House, Scunthorpe.

1380  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 a personal interest:

Members Minute Applications
/Item		 Nature of Interest
Cllr Ali 1382 (ix) 11/0919 Ward member
Cllr Ali 1382 (xi) 11/1088 Ward member
Cllr Allcock 1385 Northside,
Haxey		 Member of Haxey Parish Council
Cllr Gosling 1382 (ix) 11/0919 Family registered at the applicants’ practice
Cllr N Sherwood 1382 (viii) 11/0914 Knew the applicant

 

The following members declared that they had been lobbied:

Members Minute Application/Item
Cllr Allcock 1382 (iii) 11/0748
Cllr Allcock 1382 (v) 11/0884
Cllr Bunyan 1385 Northside, Haxey               
Cllr N Sherwood           1382 (ix)            11/0919

 

1381  MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 21 September 2011, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1382  (26)  PLANNING AND OTHER APPLICATIONS – The Acting 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. The Acting Head of Planning updated the reports orally where appropriate. Other officers attending gave advice and answered members’ questions as requested.

(i)  11/0072 by Mr J McPhillips for hazardous substance consent to site 12 tanks and store up to 96,000 litres of LPG at Beeching Chicken Farm, Carr Lane, Hibaldstow

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

(ii) 11/0607 by Robinson and Co. Developments Ltd for the replacement of an extant permission (PA/2008/0851 dated 25/07/2008) to demolish White Cottage and erect a block of four dwelling houses at White Cottage, Moat Lane, South Killingholme.

Prior to consideration of this application the applicant addressed the committee. He stated that the objections raised had been addressed.

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

(iii) 11/0748 by JME Care Ltd for change of use to residential home and office at Beechcroft House, 1 Colleywell Close, Westwoodside.

Prior to consideration of this application representatives of the objectors and of the applicants addressed the committee.

The objectors’ representative stated that the development would be contrary to the development plan, as it was not in a medium growth settlement. The site was on a narrow cul-de-sac near a sharp bend in the road. It would create additional traffic from staff and visitors. The development would cause disturbance to neighbours.

The applicants’ representative stated that the proposal was to accommodate people with learning difficulties.  It would be a family run home.

Councillor Waltham, attending the meeting in accordance with Procedure Rule  1.36 (b), spoke on this application.

Resolved – That permission be refused for reasons relating to the proposal’s unacceptable impact on neighbouring properties and the character of the area, inadequate car parking provision and being a commercial enterprise in a residential area.

(iv) 11/0831 by Pro Truck Auctions Ltd for the erection of a single-storey kitchen/café extension to existing premises and change of use of five hectares of land to the storage/parking of HGVs and plant at Protruck Auctions, Sandtoft Industrial Estate Road 1 , Belton.

Prior to consideration of this application the applicants’ agent addressed the committee. He stated that the applicants had a long established business on the industrial estate. As the business had expanded there was now a need for more storage space for vehicles. The proposal would create new jobs. Any impact on open space would be minimal.

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

(v) 11/0884 by Mr and Mrs L Gunn for outline permission for residential development (layout and access not reserved) (Resubmission of PA/2011/0199) on land to the rear of 37 Church Street, Haxey.

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

The applicant stated that the application was a resubmission. He had worked with officers to address the concerns raised by objectors to the earlier application.

The objector stated  that the application was contrary to policy CS2 of the Core Strategy. It would cause traffic problems. There was no off road car parking available. It would change the character of the neighbourhood. There was a lack of necessary infrastructure to support the development.

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

(vi) 11/0900 by Mr L Moore for the erection of a polytunnel for the breeding of fish (agricultural use) on land south of Butters Lodge, Soff Lane, Goxhill.

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to an additional condition as required by the Highways Authority.

(vii) 11/0910 by Appleby Bridal and Prom for the retention of change of use to a boutique at 3 Beck Lane, Appleby.

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

(viii) 11/0914 by Mr G A Dean for the retention of a single-storey extension at 23 Kings Road, Barnetby.

Prior to consideration of this application an objector addressed the committee. He was concerned at nuisance from smoke from a chimney which formed part of the extension.

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

(ix) 11/0919 by Dr R Rajkumer and Dr S Kurien-George, The Medical Centre for change of use to medical centre including demolition of two garages and construction of associated car park at 80 Oswald Road, Scunthorpe.

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

The agent stated that the proposal would add capacity to the existing practice and allow for disabled access. Outbuildings would be demolished to provide extra car parking space. Noise from car tyres would be reduced by replacing a gravel surface with tarmac.

The objector was concerned that the development would have an adverse effect on a quiet street and would lead to a loss of privacy and overlooking of existing dwellings. It would be out of character in a residential neighbourhood and would lead to a loss of garden. The street was narrow and additional car parking would lead to congestion.

Councillor Barkworth, attending the meeting in accordance with Procedure Rule 1.36 (b), spoke on this application.

Moved by Councillor England and seconded by Councillor N Sherwood –

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

Moved by Councillor Ali and seconded by Councillor Gosling as an amendment –

That consideration of this application be deferred until a future meeting and that members visit the site prior to that meeting

Amendment Lost

Motion Carried

(x) 11/0980 by Mr C Lumb for the retention of a polytunnel, fruit net, chicken runs and shed (resubmission of PA/2010/0836) on land south of Studcross, Epworth.

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

(xi) 11/1088 by Mr P Hill for the erection of an extension to an existing garage at 7 Burnham Road, Scunthorpe.

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

1383  (27)  ENFORCEMENT UPDATE – The Acting 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.

1384  (28) ACCESS AND MANAGEMENT AGREEMENT, MESSINGHAM – The Director of Infrastructure Services submitted a report inviting the committee to consider entering into an agreement with a third party for a permissive path over land in Messingham.

There was currently a permissive footpath along the bank of the River Eau, as shown on a plan appended to the report. If approval were granted the permissive access would continue to its junction with North Moor Road, Messingham.

A person with interest in land could enter into an agreement with a planning authority under Section 39 of the Wildlife and Countryside Act 1981. This was for the purpose of conserving or enhancing the natural beauty or amenity of land in the countryside or promoting its enjoyment by the public.

The council was a planning authority for the area in which the land comprised in this Agreement is situated, such land being open country.

It was considered that this footpath would add to the public’s enjoyment of the public rights of way network.

The basis of the proposed agreement was set out in the report.

Resolved – That approval be given for officers to enter into an agreement with the landowner to provide a permissive footpath across land in their ownership, and (b) that the agreement take effect on the sealing of an Access and Management Agreement.

1385  (29) NORTHSIDE, HAXEY – The Director of Infrastructure Services submitted a report inviting the committee to decide if the council should send two orders to the Secretary of State for confirmation as made.

Officers believed that Northside was a restricted byway throughout. The reasons for this were set out in an appendix to the report. The orders had been made on 4 May 2011. At present, about two thirds of Northside was a public footpath. The rest was unrecorded. Therefore, two orders had been required, one to add and one to upgrade.

Following the publication of a Notice five objections had been duly lodged. Though four had been withdrawn, the remaining one still prevented officers from confirming the orders. This objection was a well-rehearsed objection to the effect that the way in question was not a public right of way but a carriageway used mostly by motor vehicles. It was unlikely that the objector would retract. Only the Secretary of State for the Environment, Food and Rural Affairs could confirm orders in the event that they were contested.

Resolved – (a) That Definitive Map Modification (Restricted Byway 99, Haxey) Order 2011 (1) and Definitive Map Modification (Restricted Byway 99, Haxey) Order 2011 (2) be submitted to the Secretary of State for the Environment, Food and Rural Affairs for confirmation as made, and (b) that the council participates fully in the Secretary of State’s chosen means of arbitration.

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