Planning Committee – 14 November 2012

Chair:  Councillor Bunyan
Venue:  The Council Chamber, Civic Centre, Scunthorpe
Time:  2 pm

AGENDA

1.  Substitutions.

2.  Declarations of Disclosable Pecuniary Interests and Personal or 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 17 October 2012 as a correct record and authorise the chair to sign.

4.  Application deferred from previous meeting for a site visit.

5.  Major planning applications.

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

7.  Public Footpath 171, Burton-upon-Stather – report of the Director of Places.

8.  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).

Councillors Allcock, Bainbridge, Collinson, England, Glover, Grant, Jawaid, Rowson, and N Sherwood.

Councillors Marper, C Sherwood and Waltham attended the meeting in accordance with Procedure Rule 1.36 (b).

The committee met at the Civic Centre, Scunthorpe.

1475    DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS AND 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(s) /Item Nature of Interest
Cllr Rowson 1477 (i) 12/0722 Relative of applicants.

The following members declared a personal interest:

Members Minute Applications /Item Nature of Interest
Cllr Allcock 1477 (i) 12/0722 Member of Campaign for the Protection of Rural England (CPRE)
Cllr Allcock 1478 (i) 12/0159 Member of CPRE
Cllr Grant 1477 (ii) 12/1068 Knew the applicant

The following members declared that they had been lobbied:

Members Minute Application/Item
Cllr Allcock 1477 (i) 12/0722
Cllrs Allcock, Bainbridge, Bunyan, Collinson, England, Grant, Rowson and N Sherwood 1478 (i) 12/0159
Cllrs Allcock, Bunyan, Collinson, England, Grant, Rowson and N Sherwood. 1479 (iii) 12/1010

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

Member Minute Application/Item
Cllr Marper 1477 (ii) 12/1068
Cllr C Sherwood 1478 (i) 12/0159
Cllr C Sherwood 1479 (iii) 12/1010

1476  MINUTESResolved – That the minutes of the proceedings of the meeting held on 17 October 2012, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1477  (20) APPLICATIONS DEFERRED FROM PREVIOUS MEETING – In accordance with the decisions at a previous meeting, members had undertaken site visits prior to the meeting. The Head of Development Management submitted reports and updated them orally.

Prior to consideration of the following application, 12/0722, Councillor Rowson, having declared a personal and prejudicial interest, left the meeting.

(i) 12/0722 by Mr M Middlewood, H Middlewood and Son for the erection of two wind turbines (24.6m to hub and 34.2 m to tip) and associated infrastructure at Barton Vale Farm, access road to Barton Vale, Barton-upon-Humber.

Prior to consideration of this application the applicant’s agent addressed the committee. He stated that the applicant’s business involved the farming of 1,600 hectares across the East Riding of Yorkshire and North Lincolnshire, including 450 acres of potatoes. A 5,000 tonne cold store was required to store the potatoes and this used substantial amounts of electricity. The potatoes were sold to a manufacturer of crisps and other potato products. There was a requirement for 20% of energy used to be from renewable sources. The other site used photo voltaic cells to contribute to this and the present application was to the same end. The site had been chosen to minimise visual impact.

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to the conditions contained in the report ( including a correction to Condition 8 to read 35 dBA rather than 3 dBA) and an additional condition requiring the turbines to be removed if not used for a period of 12 months.

Councillor Rowson returned to the meeting.

(ii) 12/1068 by Mr J Douglas for a minor material amendment for the re-siting of a conservatory over the hot tub and alterations to windows and doors in the rear elevation at 60 Wiltshire Avenue, Burton–upon–Stather.

Councillor Marper, 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 recommendation contained in the report.

1478  (21) MAJOR PLANNING APPLICATIONS – The Head of Development  Management submitted a report containing details of  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 previously undertaken site visits. The Head of Development Management updated the reports orally. Other officers attending gave advice and answered members’ questions as requested.

(i) 12/0159 by Wilson Farms for the erection of a 500 cow dairy unit to include the erection of four cattle buildings, a dairy/parlour building, welfare/office building, two detached dwellings, a concrete yard for silage storage and straw storage, slurry/dirty water store with landscaping reserved for subsequent approval on land near to Hall Farm, Middlegate Lane, Bonby.

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

The first speaker stated that the site was part of a larger landholding and was for an agricultural use in a rural area. Flood Risk and Transport Assessments had been carried out. Comprehensive information in relation to the application had been submitted. Any legitimate concerns had been addressed. The objection for RWE was purely due to the impact on that company’s own application. The application complied with the relevant policies in the Development Plan.

The second speaker had provided highway advice to the applicants. There would be no more than 18 two-way traffic movements per day, increasing to 21 at harvest time. Passing places were available and there was no evidence of damage to highway verges arising from current HGV traffic. The current agricultural use would generate similar amounts of traffic to the proposed use. The application was consistent with the National Planning Policy Framework and there were no objections from the Highways Team.

The third speaker was an agricultural business consultant. He stated that there was an expanding demand for milk. Many smaller dairy holdings had ceased production in recent years. The present “High Input” type of unit was the way forward.

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 recommendation contained in the report, subject to the addition to the Reason for Condition 15 of “in the interests of safeguarding water quality and biodiversity”.

(ii) 12/0820 by Mr I Lindsay, VTS Track Technology Ltd. for the erection of a rail loading and assembly facility, including rail siding, fencing, lighting, staff buildings and associated road surfacing and parking areas at Dragonby Sidings, Normanby Road, Roxby.

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

The applicant’s representative stated that the proposed development would provide 90 full time and 20 part time jobs. The main customer was Network Rail. Currently the business transported products by road. The present application would enable rail loading and assembly and reduce road traffic. Noise mitigation measures were proposed. There were no endangered species on the site.

The objector was concerned at traffic generation arising from the proposal. She would prefer the development to be sited further to the north.

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to the amendment of Condition 14 to amend “dwellings” to read “buildings” and to additional conditions relating to generation of energy from on-site renewables and to drainage.

1479  (22) 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) 12/0581 by Mrs J Smith, Cotontastick Cotons for the retention of a a change of use for the keeping of thirty dogs at The Willows, 9 Nethergate, Westwoodside, Haxey.

Prior to consideration of this application the applicant addressed the committee. She stated that she was a licensed dog breeder who had lived on the site for 15 years. The dogs being kept on site were toy breeds which seldom barked and which required little exercise. She was building new indoor kennels and runs which would be insulated. Her neighbours had dogs which were kept outside and did bark when left alone. She was happy to accept a “personal” condition on a permission.

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

(ii) 12/0920 by Redrow Homes, Yorkshire for the modification of an existing agreement under Section 106 of the Town and Country Planning Act 1990, relating to a commuted sum for educational payment at Foxs Fold, Tofts Road, Barton-upon–Humber.

Resolved – That the existing planning obligation relating to the provision of educational provision completed as part of planning permission PA/2003/0696 be modified in accordance with the terms of the application subject to the following additional provisions, (i) variation of the agreement based on the payment triggers set out in the report;(ii) Monetary payments agreed as part of the Section 106 to  be linked to the House Price Index; and (iii) responsibility be delegated to the Head of Development Management to agree new repayment dates for the monies with the developer.

(iii) 12/1010 by Mrs K Burton for the erection of a marquee up to 12 times a year to use for wedding receptions and functions at Rookery Farm, Railway Street, Barnetby–le–Wold.

Prior to consideration of this application the applicant addressed the committee. She referred to the objections on the grounds of noise and traffic. She stated that she would arrange for vehicles to be counted in and out. She would be happy to accept an hours restriction as requested by Environmental Health. She did not consider a restriction of amplified music to be reasonable. The proposal would create employment.

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

Resolved – That permission be granted for a temporary period of two years subject to conditions restricting events to no more that 12 per year, noise restrictions and a requirement to maintain a log of vehicle movements. (iv) 12/1048 by Mr S Barker, Blended Products for the proposed use of an existing store building for anhydrous ammonia and the installation of an ammonia storage tank and associated equipment at Blended Products, Plot 11b, The Flarepath, Elsham Wold Industrial Estate, Elsham.

Prior to consideration of this application a representative of the applicant addressed the committee He stated that similar substances had been stored on the site since 2003. Pre-application discussions had been held with the planning authority and other relevant agencies. The Health and Safety Executive had no objections. A bund wall had been raised and reinforced.

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

(v) 12/1128 by Mr C Beebe, Co-operative Group for the variation of condition 18 of PA/2011/0315 dated 21/09/2011 to allow opening hours between 7am and 10pm Monday to Saturday including bank and public holidays at proposed Co-op adjacent to the Dog and Rat public house, High Street, Broughton.

Prior to consideration of this application the applicant addressed the committee. He stated that an error had been made in the previous application as a result of which the store would not be able to open for the same hours as the previous store in Broughton and would not be able to meet local needs.

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

1480  (23) PUBLIC FOOTPATH 171, BURTON–UPON–STATHER  – The Director of Places submitted a report inviting members to decide whether to submit a public path diversion order to the Secretary of State (SoS) for Environment, Food and Rural Affairs.

Prior to consideration of this matter an objector addressed the committee. He was concerned that the diversion would remove one of the few rights of way in North Lincolnshire that involved a significant incline.

The Director of Places reported that an order had been made in 2010 to divert part of this footpath. The new line would avoid a steep slope and provide better access to Stather Road via Public Footpath 169. There had been two objections, one of which had been withdrawn. The remaining objection was appended to the report.

Members were invited to determine whether to submit the order to the SoS, either as made or with modifications.

Resolved – That the Order be submitted to the Secretary of State for confirmation as made.

1481  TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE ) (ENGLAND)(AMENDMENT NO2) ORDER 2012

This matter was considered after the Chair had decided it was urgent because of the need to inform members of legislation that would come into force prior to the next meeting. The Head of Development Management reported that, as from 1 December 2012 it would be a mandatory requirement under the Town and Country Planning (Development Management Procedure ) (England)(Amendment No2) Order 2012 to include a statement on every planning decision issued by the authority to show that it had worked with the applicant in a positive and proactive way in line with the National Planning Policy Framework Paragraphs 186 -187 to assist in the delivery of projects.

Resolved – That the report be noted.