Planning Committee – 4 April 2012

Chair:  Councillor Bunyan
Venue:  The Council Chamber, Civic Centre, 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 7 March 2012 as a correct record and authorise the chair to sign.

4.  Major Planning Applications.

5.  Planning and other applications for determination by the committee.

6.  Enforcement Update.

7.  Public Footpath 180, Gunness – Report of the Director of Infrastructure Services.

8.  Town and Country Planning Act 1990 – Town and Country Planning (General Permitted Development) Order 1995 (as amended) (GPDO) – The Isle of Axholme Historic Landscape – Article 4 Direction – Consideration of Representations – Report of the Director of Infrastructure Services.

9.  Any other items, which the chairman decides are urgent, by reasons of special  circumstances, which must be specified.

Note: All reports are by the Head of Development Management unless otherwise stated.

MINUTES

PRESENT:  Councillor Bunyan (in the chair).

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

Councillors Barker, Briggs, Eckhardt, Gosling, K Vickers and Wilson attended the meeting in accordance with Procedure Rule 1.36 (b).

The committee met at the Civic Centre, Scunthorpe.

1427  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: –

Member (s)

Minute

Application(s) /Item

Nature of Interest

Cllr Allcock 1431 (i) 11/1142 Member of Isle of Axholme and North Notts Water Level Management Board
Cllr Allcock 1431 (iv) 11/1464 Member of Isle of Axholme and North Notts Water Level Management Board
Cllr England 1431(xi) 12/0064 Knew an employee of the applicants
Cllr Wardle 1431 (ii) 11/1172 Knew the applicant
Cllr Wardle 1431 (ix) 12/0053 Knew the applicant

The following members declared that they had been lobbied: –

Member (s)

Minute

Application/Item

Cllrs Allcock, Bainbridge, England, Rowson, N Sherwood 1434 Article 4 Direction, Haxey
Cllr Bunyan 1431(xi) 12/0064
Cllr England 1431 (xi) 12/0064
Cllr Wardle 1431 (x) 12/0055

The following members attending the meeting in accordance with the provisions of Procedure Rule 1.36 (b) declared a personal interest: –

Member (s)

Minute

Application(s) /Item

Nature of Interest

Cllr Briggs 1431 (iii) 11/1199 Had approved funding for the applicants in capacity as Cabinet Member
Cllr K Vickers 1431(viii) 12/0033 Knew applicant
Cllr Waltham 1431 (xii) 12/0085 Governor of Brigg Primary School

The following members attending the meeting in accordance with the provisions of Procedure Rule 1.36 (b) declared that they had been lobbied:

Member (s)

Minute

Application/Item

Cllr Eckhardt 1431 (i) 11/1142
Cllr Eckhardt 1434 Article 4 direction, Haxey
Cllr Poole 1431 (xi) 12/0064
Cllr K Vickers 1431 (viii) 12/0033
Cllr Waltham 1434 Article 4 Direction, Haxey

1428  MINUTESResolved – That the minutes of the proceedings of the meeting held on 7 March 2012, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1429  NATIONAL PLANNING POLICY FRAMEWORK (NPPF) – The Head of Development Management noted that all the reports had been prepared prior to the issuing of the new National Planning Policy Framework which was now a material consideration.The content of this national guidance had been considered in relation to all the applications on the agenda and none of the recommendations changed as a result of the new document.Minor modifications to the reasons for conditions and decisions would need to be made as former Planning Policy Guidance Notes and Planning Policy Statements had now been superseded by the new NPPF.

1430  (56) MAJOR PLANNING APPLICATION – The Head of Development  Management submitted a report containing details of  a major applications for determination by the committee including a summary of policy context representations arising from consultation and publicity and assessment of the applications. In accordance with Procedure Rule D1.34 (i) (a), members had undertaken a site visit on the morning of the meeting. The Head of Development Management updated the report orally. Other officers attending gave advice and answered members’ questions as requested.

(i) 12/0090 by North Lincolnshire Council for the erection of extensions to school at Willoughby Road Primary School, Willoughby Road, Scunthorpe

Resolved – (a) That the committee is mindful to grant permission for the development; (b) that the application be referred to the Secretary of State in accordance with statutory procedures to enable him to consider whether or not to intervene, and (c) that in the event of the Secretary of State deciding not to intervene, the Head of Development Management be authorised to grant permission subject to the conditions contained in the report. and to additional conditions as recommended by the Highways team.

1431  (57) PLANNING AND OTHER APPLICATIONS – The Head of Development Management 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 Head of Development Management updated the reports orally where appropriate. Other officers attending gave advice and answered members’ questions as requested.

(i) 11/1142 by Lincolnshire Co-operative Society for the erection of a new convenience food store, including the demolition of existing buildings at 20 high Street, Haxey.

Prior to consideration of this application a representative of the applicants addressed the committee. He stated that the applicant company was locally based. The shop would be located within easy reach of other shops and offices in the village. It  would  be a small scale convenience store. There would be plenty of car parking available. It would be in keeping with its surroundings. The proposal would create two full time and twelve part time jobs.

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

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

(ii) 11/1172 by Mr J Raby for the erection of a dwelling with integral garage on land adjacent to Sunny Bank, North End, Goxhill.

Prior to consideration of this application an objector addressed the committee. He referred to previous refusals of permission on the site. He was concerned  that the dwelling was in an area of flood risk and would exacerbate the risk to existing properties. It would constitute overdevelopment and would be out of character with its surroundings. He did not believe that it satisfied the sequential or exceptions tests in PPS 25.

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

(iii) 11/1199 by Crowle and Ealand playing Fields Association for the installation of a skate park on site adjacent to pavilion, Sports Ground, Godnow Road, Crowle.

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

The applicants’ representative stated that the association consisted of volunteers and provided a service to the local community. Funding had been secured for the proposal, which a consultation exercise had shown to be supported by 82% of those consulted. The applicants would arrange for weekly litter picks and extra bins. They were also looking at erecting security gates. Noise mitigation would be put in place.

The objector was concerned that the proposal would increase noise nuisance and litter from the play area. He questioned the methodology used in assessing the potential noise impact .

Councillors Barker and Briggs, attending the meeting in accordance with the provisions of Procedure Rule 1.36 (b) spoke on this application

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

(iv) 11/1464 by Mrs J Jackson for the erection of four attached dwellings and off-street parking at 19 Newbigg, Westwoodside, Haxey.

Resolved – (a) That the committee is mindful to grant permission for the development;(b) that the Head of Development Management be authorised to grant permission subject to the completion of a formal agreement under Section 106 of the Town and Country Planning Act 1990 (or other appropriate legislation), providing for the sum of £16,119.36 as a commuted sum for the provision of affordable housing  and to the conditions contained in the report, and (c) that if the obligation is not completed  by 6 October 2012 the Head of Development Management be authorised to refuse the application on the grounds of failure to comply with Policy CS9 of the North Lincolnshire Core Strategy.
(v) 11/1489 by Mr L Peach for the conversion of three farm buildings into two dwellings (re-submission of PA/2011/0589 dated 27/06/2011) at Barns at Horsegate Farm, North End, Goxhill.

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

The applicant’s agent stated that the conversion would give the site a new lease of life. Rainwater run off would be reduced by the use of a Sustainable Urban Drainage System. There would be no overlooking of neighbouring properties.

The objector was concerned that the access arrangements were inadequate. The existing drainage system could not cope as had been demonstrated in 2007.There would be a large window only 15 feet from his property. The site was designated as open space in the local plan.

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

(vi)  11/1493 by Mr L Peach for Listed Building Consent for the conversion of three farm buildings into two dwellings (re-submission of PA/2011/0082 dated 27/06/2011) at Barns at Horsegate Farm, North End, Goxhill.

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

(vii)  12/0031 by Mr Bennett for the erection of a two-storey extension to the side, conservatory to the rear, erection of a detached store room and garden fence to boundaries 1.8m high to the rear and 1.2m to the front of the house (resubmission of PA/2011/1429) at Holly Villas, Station Road, Graizelound, Haxey.

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

(viii) 12/0033 by Mr D and S E Egan for  the erection of a dwelling (resubmission of PA/2011/1078) on land adjacent to Bardney Cottage, 1 Caister Road, Barton–upon–Humber.

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

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 assess the road safety issues.

(ix) 12/0053 by Mr S Gorwood for the erection of extensions to a pub and retention of an entrance lobby extension, change of use of part of the pub to a hot food takeaway and tearoom/café and erection of an accommodation block (resubmission of PA/2011/1160) at the Black Bull Inn, Townside, East Halton.

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

The objector stated that the report did not give sufficient weight to the objectors. There was inadequate car parking provision. No noise assessment had been carried out. It would be impossible to enforce the condition regarding the opening hours of the takeaway given that the premises would be open for other purposes outside of those hours. The takeaway would attract anti–social behaviour. The development would be out of character in a small settlement.

The applicant stated that the proposal would meet the need for such a facility. Demand would be likely to increase with the future development of the South Humber Bank. There had previously been problems of anti social behaviour at the pub but he was addressing this issue.

Resolved – That permission be granted in accordance with the recommendations contained in the report subject to the amendment of Condition 4 by the substitution of “accommodation block” for “unit” and Condition 5 by the substitution of “ be open to the public” for “operate”.

(x) 12/0055 by Mr and Mrs A Logan for the siting of a mobile home in connection with agriculture and the construction of a barn for the breeding and storage of alpacas at Willow View, Ruard Road, Goxhill.

Prior to consideration of this application the applicant addressed the committee. He stated that the site was brownfield land. It was now registered with the Department for Environment, Food and Rural Affairs.. The applicants currently lived one and a half miles from the site and would not be able to manage the operation from there, given that the alpacas would need round the clock care.

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 familiarise members with the appearance of the site.

(xi) 12/0064 by Dr Kennedy and Partners for the erection of an extension to an existing surgery.

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

The objector considered that the practice had outgrown the site. Car parking provision would be inadequate. The proposal would have an adverse impact on neighbouring properties.

The applicant stated that the practice needed to adapt to the government’s NHS reform agenda. The surgery was already open 24 hours a day, although only emergencies were dealt with out of normal working hours. It would be necessary for the pharmacy to be open for at least 100 hours a week in order for the practise to obtain a license. The proposed condition would limit it to 82.

Councillors Godfrey and Gosling, attending the meeting in accordance with the provisions of Procedure Rule 1.36 (b) spoke on this application.

Moved by Councillor England and seconded by Councillor Wardle –

That permission be granted in accordance with the recommendation contained in the report, subject to the deletion of Condition 5.

Motion Lost

Moved by Councillor N Sherwood and seconded by Councillor Wardle –

That permission be granted in accordance with the recommendation contained in the report, subject to the amendment of Condition 5 to allow the pharmacy to open for 100 hours per week.

Motion Carried

(xii) 12/0085 by CLS Civil Engineering for the erection of an industrial unit and offices for property classification on land off Europa Way, Brigg.

Prior to consideration of this application a representative of the applicants addressed the committee. He stated that the development would be appropriate for an industrial site.

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

Resolved – That permission be granted in accordance with the recommendations contained in the report subject to no objections from the Highways Agency and an additional condition relating to a construction phase traffic management plan issuing the decision be delegated to Head of Development Management.

(xiii) 12/0148 by Mr N Cooke for the erection of a replacement dwelling (alternative house type to that approved on PA/2007/0117 dated 13/03/2007) on land at 16 Green Lane, Westgate, Belton.

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

(xiv) 12/0234 by Thomas Bell and Sons ltd for the retention of five metal storage containers at Thomas Bell and Sons Ltd., Bigby Road, Brigg.

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

Resolved – That permission be granted in accordance with the recommendations contained in the report subject to additional conditions relating to a tree screening scheme.

1432  (58) ENFORCEMENT UPDATE – The Head of Development Management 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.

1433  (59) PUBLIC FOOTPATH 180, GUNNESS  – The Director of Infrastructure Services submitted a report seeking authority to divert part of Public footpath 180, Gunness under Section 257 of the Town and Country Planning Act 1990.

The diversion, as shown on the appendices to the report, was necessary to enable planning permission PA/2011/1088 (new retail park at Trent Valley Garden Centre) to be implemented.

Resolved – (a) That an order be made under Section 257 of the Town and Country Planning Act 1990 and Section 53 the Wildlife and Countryside Act 1981 to divert part of Footpath 180, Gunness from its definitive route, as shown on Appendix 2 to the report; (b) that if the order is unopposed the order be confirmed, and (c) that if the order is opposed a further report be brought on the matter to this committee.

1434  (60) TOWN AND COUNTRY PLANNING (PERMITTED DEVELOPMENT ) ORDER 1995 (AS AMENDED 2010) (GPDO) THE ISLE OF AXHOLME HISTORIC LANDSCAPE ARTICLE 4 DIRECTION CONSIDERATION OF REPRESENTATIONS  – Further to Minute 1371 ,the Director of Infrastructure Services submitted a report advising members of representations received in response to the advertising of this Direction.

Prior to consideration of this matter an objector addressed the committee. He disputed that the area in question was of any special significance. He was concerned that the Direction extended to domestic curtilages. It was unreasonable that some people would have to apply for planning permission for things that would be permitted development for others. He and other objectors would support a Direction on the Hood Field and immediately surrounding fields only.

The Director reported that the Direction had been made on 13 January 2012 and advertised on 2 February. The council had subsequently received 23 letters of which two had subsequently been withdrawn. The Director summarised and commented on the representations received and also reported two additional representations, one of which was from Haxey Parish Council.

The Direction related to an area of land at Haxey. based upon land in the Isle of Axholme Special Project Area. The report explained the scope of the Direction, and summarised and commented upon the representations made.

Resolved – That the Direction be not confirmed.