Planning Committee – 17 October 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 19 September 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.

8.  Market Lane, Brigg.

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).

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

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

The committee met at the Civic Centre, Scunthorpe.

1468  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 1474 (vi) 12/0722 Relative of applicants.

The following members declared a personal interest: –

Members Minute Applications /Item Nature of Interest
Cllr Allcock 1473 (ii0 12/0159 Member of Campaign for the Protection of Rural England (CPRE)
Cllr Allcock 1474(vi) 12/0722 Member of CPRE
Cllr Allcock 1474 (vii) 12/0849 Knew a member of the family
Cllr England 1474 (iv) 12/0545 Knew the applicant
Councillor Grant 1474 (xvii) 12/1068 Knew the applicant
Cllr Wardle 1474 (iii) 12/0518 Knew the applicant’s family

The following members declared that they had been lobbied: –

Members Minute Application/Item
Cllrs Ali, Allcock, Bainbridge, Collinson, England, Grant and N Sherwood. 1474 (ii) 12/0509
Cllrs Allcock and Collinson 1473 (ii) 12/0159
Cllrs Ali,Allcock, Bunyan, England, Rowson and Wardle 1472 Market Lane, Brigg
Cllrs Allcock, Bainbridge and N Sherwood 1470 (i) 12/0803
Cllr Allcock 1474 (vii) 12/0849
Cllr Collinson 1473 (i) 12/0236
Cllr N Sherwood 1474(viii) 12/0850

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

Members Minute Application/Item
Cllr Marper 1474 (xvii) 12/1068
Cllr Poole 1470 (i) 12/0803
Cllrs C Sherwood and Waltham 1473 (ii) 12/0159
Cllrs C Sherwood and Waltham 1474 (viii) 12/0850
Cllrs C Sherwood and Waltham 1474 (xiii) 12/1010
Cllr Wilson 1470 (i) 12/0803

1469  MINUTESResolved – That the minutes of the proceedings of the meeting held on 19 September 2012, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1470  (15) APPLICATION DEFERRED FROM PREVIOUS MEETING – In accordance with the decision at a previous meeting, members had undertaken a site visit on the morning of the meeting. The Head of Development Management submitted a report and updated it orally

(i) 12/0803 by Mr D Lea for the erection of a two-storey side extension at 43 Malvern Road, Scunthorpe.

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

The applicant’s agent stated that the proposed extension would have no material effect on the amenity of the neighbouring property. It was in accordance with the provisions of the development plan. The “thirty degree rule” did not apply as that was only applicable to extensions in pairs of semi-detached houses. The possible alternatives at the rear of the house would have a worse impact on the neighbour. The applicant would be prepared to either remove the existing garage or leave it in situ  depending on the wishes of the committee.

The objector stated that the proposal would have an overbearing impact on his property and would lead to a loss of light. It was contrary to the provisions of Policies DS1 and  DS5 of the Local Plan and the “thirty degree rule”. His own property had been designed with its main windows on the south side to maximise sunlight and the proposal would reduce this. The extension would be out of keeping with the street scene.

Councillor Wilson, 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.

1471  (16) PROPOSED DIVERSION OF PUBLIC FOOTPATH 171, BURTON STATHERResolved – That consideration of this item be deferred to a future meeting to enable the committee to have all necessary information to consider.

1472  (17) MARKET LANE, BRIGGResolved – That consideration of this item be deferred to a future meeting to enable the committee to have all necessary information to consider.

An objector addressed the committee on this application. He stated that he had copies of evidence forms to support the original application for the route to be designated as a bridleway open to all traffic. It was clearly a road and not a footpath. He also questioned the way that the council had dealt with this and other rights of way issues in the past.

1473  (18) 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 undertaken site visits on the morning of the meeting. The Head of Development Management updated the reports orally. Other officers attending gave advice and answered members’ questions as requested.

(i) 11/0236 by St Modwen Developments for outline permission for residential development (with access not reserved for subsequent approval) (resubmission of PA/2009/0904) on former site of Yorkshire Electricity Group PLC, Dudley Road, Scunthorpe. The Head of Development Management noted that concerns about this application had been received from the Director of Public Health.He also advised that the Heads of Terms of the proposed Section 106 Agreement should be modified to also require the provision of a Toucan Crossing on Queensway

Prior to consideration of this application a representative of the applicants addressed the committee. He stated that the application followed constructive discussions between the developers and the council. The National Planning Policy Framework  contained a presumption in favour of sustainable development and the proposal accorded with that and would reduce the pressure for other less sustainable sites to be developed. The site was brownfield and the proposal included a number of units of affordable housing. It would result in improvements to the local highway network. The proposal was supported by local people. The houses would be high quality and energy efficient.

An officer from the council’s Environmental Protection team outlined her concerns in relation to air quality, odour, noise and land contamination and the risk this posed to future residents on the development. She considered the site unsuitable for new housing on environmental health grounds and recommended that the proposal be refused permission.

Members shared the concerns of the Environment Protection Team.

Resolved – That permission be refused for reasons relating to Environmental Health and danger to future occupiers of the proposed dwellings.

(ii) 12/0159 by Wilson Farms for outline permission 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.

The Head of Development Management reported the receipt of additional information from the applicants and from the Environment Agency which he had not had time to evaluate.

Resolved – That consideration of this application be deferred to a future meeting to enable the additional information to be evaluated.

1474  (19) 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) 11/1457 by Mr J Dunrose for the change of use of a warehouse to a gym, fight club and internet café at 142 to 144 Frodingham Road, Scunthorpe.

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

(ii) 12/0509 by Mr M Wilkinson, LCS Properties Ltd for the erection of a convenience foodstore and associated ancillary areas, car park and service areas on land north of Johnsons Lane, Crowle.

Resolved – That permission be granted in accordance with the recommendation contained in the report, subject to five additional conditions as requested by the Highways Team and to the amendment of Condition 9 by the replacement of “dwellings” by “buildings”.

(iii) 12/0518 by Mr and Mrs J Cook for the erection of a detached dwelling with integral garage on land adjacent to Chapel House, North End, Goxhill.

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

(iv) 12/0545  by Mr W Smith for the erection of a three-bedroom detached replacement dwelling including the demolition of the existing detached dwelling on the site of Priesthows, Butterwick Road, Messingham.

Resolved – That permission be granted, subject to the revocation of permission PA/2009/1270, in accordance with the recommendation contained in the report.

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

Resolved – That consideration of this application be deferred to a future meeting to enable the applicant to address the committee.

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

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

The Head of Development Management recommended a further condition requiring the removal of the turbines if they were not used for a 12 month period.

Prior to consideration of this application, the applicant’s agent addressed the committee. He stated that the proposal met the requirements of the relevant planning policies. The concerns of objectors had been assessed by officers and could not be substantiated. There would be no loss of residential amenity.

Resolved – That consideration of this application be deferred to a future meeting and that members visit the site prior to that meeting. The reason for holding a site visit is to assess the issues raised by objectors.

Councillor Rowson returned to the meeting.

(vii) 12/0849 by Mr N Coggon for the erection of a dwelling on land adjacent to 62 North Street, West Butterwick.

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

The objector was concerned that the proposal would lead to a loss of privacy for himself due to the position of the proposed balcony.

The applicant’s agent stated that the proposed development would be on a brownfield site. It was likely to be included in the development limit for the settlement in the forthcoming Housing and Employment Land Allocations document. The dwelling would be three-storey due to flood risk. It would have no impact on the street scene.

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

(viii) 12/0850 by Mr M Naylor for the retention of two timber sheds and the erection of a timber garage at 29 Low Road, Worlaby.

Councillors C Sherwood and 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 an additional condition preventing the use of the buildings for the keeping of livestock.

(ix) 12/0853 by Mr and Mrs T Patel for the erection of an extension to a shop, change of use of a dwelling into a shop and flat, and alteration of a dwelling to provide a dwelling and flat at 89 to 91 Fleetgate, Barton-upon–Humber.

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

The applicant stated that the proposal was necessary to enable his family business to survive, given the changing nature of the locality, especially competition from Tescos and Lidls. It would provide a good service to local people. There would be no cooking on site.

The objector was concerned about the potential impact of the proposal on road traffic and that it would create a noise nuisance for herself and other local residents.

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

(x) 12/0916 by Barnetby Wold Farm for variation of condition 6 of PA/2012/0589 to change the opening hours (8am to 8pm daily) at Wold Farm, The Wold, Barnetby-le-Wold.

Prior to consideration of this application the applicants’ agent addressed the committee. He stated that since the deferral of the application at the previous meeting he had had discussions with the applicant and the objector to explore the possibility of alternative access arrangements. However an alternative had not proved to be possible.

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

(xi) 12/0930 by North Lincs Property Holdings Ltd for the erection of a 7-bedroom chalet block at The Reindeer Inn, Thorne Road, Sandtoft.

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.

(xii) 12/1001 by Mr M Wilson for the raising of the roof height of a garage at 56 St Barnabas Road, Barnetby-le-Wold.

Prior to consideration of this application a representative of the applicant addressed the committee and read a statement from him.

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

(xiii) 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.

Resolved – That consideration of this application be deferred to a future meeting to enable the applicant to address the committee.

(xiv) 12/1036 by Mr J Keedy, 7 Lakes Country Park for the change of use of part of the existing touring site to a static caravan park at 7 Lakes Country Park, Wharf Road, Ealand, Crowle.

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

(xv) 12/1055 by Mr G Simon for the erection of two detached houses, domestic garages and means of access with all matters reserved and demolition of an existing garage at The Garage, adjoining 16 Main Street, Horkstow.

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

(xvi) 12/1057 by Mrs B Beck for the erection of a two-storey rear extension and a single-storey rear extension (resubmission of PA/2012/0529) at Meredyke Cottage, 74 Meredyke Road, Luddington.

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

(xvii) 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 consideration of this application be deferred to a future meeting and that members visit the site prior to that meeting. The reason for holding a site visit is to investigate issues of concern raised by local residents.