Planning Committee – 17 December 2014
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 November 2014 as a correct record and authorise the chairman to sign.
4. Applications deferred from previous meeting for a site visit.
5. Major Planning Applications
6. Planning and other applications for determination by the committee.
7. 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: –
Councillors Allcock, Bainbridge, Carlile, Collinson, Grant, Marper, Ogg, Poole, N Sherwood and K Vickers.
Councillors Barker, Briggs, Eckhardt, L Foster, C Sherwood, Whiteley and Wilson attended the meeting in accordance with Procedure Rule 1.37 (b).
The Committee met at the Civic Centre, Scunthorpe.
1626 CHAIRMAN – Resolved – That in the absence of the chairman and the vice-chairman Councillor N Sherwood be nominated and on a vote he is hereby appointed chairman for the meeting.
Councillor N Sherwood thereupon took the chair
1627 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 members declared personal interests as follows: –
| Member (s) | Minute | Application(s) /Item |
Nature of Interest |
|---|---|---|---|
| Cllr Allcock | 1630 (i) 1632 (i) 1632 (iii)1632 (vii) |
2013/0930 2014/0188 2014/06212014/0764 |
Member of Isle of Axholme & North Notts Water Level Management Board Knows Objector |
| Cllr Marper | 1632 (vii) | 2014/0764 | Knows Objector |
| Cllr Poole | 1632 (vi) 1632 (vii) |
2014/0762 2014/0764 |
Knows Applicant Knows Objector |
In addition, the following member declared that they had been lobbied: –
| Member (s) | Minute (s) | Application/Item (s) |
|---|---|---|
| Cllr Allcock | 1629 1629 |
2014/1070 2014/1094 |
The following member attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) declared a personal interest as follows: –
| Member (s) | Minute | Application(s)/Item | Nature of Interest |
|---|---|---|---|
| Cllr Briggs | 1630 (ii) 1630 (i) 1632 (iii) 1632 (vii) |
2014/0591 2013/0930 2014/0621 2014/0764 |
Member of Fire Authority and Member of Isle of Axholme & North Notts Water Level Management Board |
The following member attending the meeting in accordance with the provisions of Procedure Rule 1.37 (b) declared that they had been lobbied as follows: –
| Member (s) | Minute | Application(s) /Item |
|---|---|---|
| Cllr Briggs | 1630 (ii) 1630 (i) 1632 (iii) 1632 (vii) |
2014/0591 2013/0930 2014/0621 2014/0764 |
1628 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 19 November 2014, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.
1629 REQUEST TO WITHDRAW AND DEFER APPLICATIONS – The Head of Development Management through the Chairman explained that a request had been received from Cambrian Group to withdraw application 2014/1070, in light of this they had also requested that application 2014/1071 be deferred for further consideration.
A request had also been received by the Head of Democratic Services from Absolute Children’s Services Ltd requesting that application 2014/1094 also be deferred for further consideration.
Resolved – (a) That application 2014/1070 be withdrawn, and (b) that applications 2014/1071 and 2014/1094 be deferred for further consideration.
1630 (21) APPLICATIONS DEFERRED FROM PREVIOUS MEETING – In accordance with the decision at a previous meeting, members had undertaken a site visit prior to the meeting. The Head of Development Management submitted a report.
(i) 2013/0930 by Miss L Stephenson for planning permission to retain lean-to paddocks, runs with two accompanying shelters, two storage containers and a WC at Sandwood, Whinsgate, Eastoft.
The applicant sought to clarify that the site was for active greyhounds and not retired dogs and had the support of local residents. He sought permission to retain what had been approved in the original planning conditions.
An objector to the application explained that the kennels had been erected in the last 2 months and that objections had been expressed by everyone in the hamlet. Comment was made regarding the number of dogs being trained at the site and the noise generated.
Councillors Briggs and Barker, attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application and also expressed concerns over the level of noise and the impact this would have on neighbouring properties. Councillor Barker requested clarification that the site was actually within North Lincolnshire.
Councillor Poole requested that the application be deferred until it was clarified as to which authority the site came under.
Resolved – That the application be deferred pending further clarification of which authority the site comes under and be brought back to a future meeting.
(ii) 2014/0591 by Mr Albone for planning permission for erection of a single 500kw wind turbine at Rainsbutt Farm, access road to Chicken Farm, Crowle.
Mr Albone thanked the committee members for attending the site visit. The applicant stated that he had operated a successful potato farm for many years, but that supermarket clients were increasingly requiring farmers to minimise their carbon footprint. The farm used a large amount of electricity, so the applicant had explored the use of wind power because of its range of benefits, sustainability and minimal impact. He explained that the proposed turbine would be much smaller than neighbouring turbines, and that the Parish Council had expressed no objection. The applicant summarised that the lack of concern amongst residents, the offsetting of costs to ensure future sustainability, and the green benefits made this an attractive option.
He requested that the committee consider the application on its own merit and not the cumulative impact.
Councillors Briggs and Barker, attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application both re-iterated their concerns over the cumulative impact, the impact that the turbines already in situ had made on the landscape and the flicker nuisance experience at properties in the vicinity.
Councillors Poole and Grant also spoke on this application.
Resolved – That planning permission be refused.
Reason:
Refused on the grounds that the proposed additional wind turbine in this area will have an adverse cumulative impact which would be harmful to the character and appearance of the area. As such the proposal is contrary to Policy DS21 and RD2 of the North Lincolnshire Local Plan 2003.
1631 (22) MAJOR PLANNING APPLICATIONS – The Head of Development Management submitted reports 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.
(i) 2014/1061 by Keigar Homes Ltd for planning permission to erect 18 dwellings, including garaging, private drives, access road and playground area on plots 131 to 148, off Ennerdale Lane, Scunthorpe.
The Head of Development Management explained that this application was related to another application also for consideration, 2014/1119 and related to the orientation of the open space.
Through the Chairman it was recommended and agreed that the applications be considered concurrently.
The applicant welcomed the decision and opportunity to address the committee. He explained that the site had been approved for development when originally purchased. The aim of Keigar Homes Ltd was now to create a better play area and open space. As part of the agreement Keigar Homes would also provide £34,884 for maintenance and also £3,408 per dwelling be contributed towards education.
Councillor Collinson spoke on this application and expressed concerns over the relocation of the open space, how this would impact on those residents who had specifically purchased their houses as being next to open space, the lack of surveillance if the open space and playground was relocated to the end of the development. He confirmed that he did not support the development.
Resolved – That permission be granted for the application subject to the completion of a formal Section 106 agreement and subject to the conditions outlined within the report.
(ii) 2014/1119 by Keigar Homes for planning permission to erect 7 dwellings at Brat Hill Farm development, Plots 64, and 149 to 154, Scunthorpe.
The applicant took the opportunity to clarify the amounts being contributed towards education and also the maintenance of the open space, that would be formally agreed in the section 106 agreement.
Resolved – That permission be granted for the application subject to the completion of a formal Section 106 agreement and subject to the conditions outlined within the report.
1632 (23) 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) 2014/0188 by Mr B Smith for planning permission to erect a stable block (resubmission of PA/2013/1362) at OS Field 8023, Carr Lane, Haxey.
Resolved – That permission be granted for the application, subject to the conditions contained within the report.
(ii) 2014/0514 by Miss J Irish for outline planning permission to erect a detached bungalow and garage to the rear of Maristan, Church Side, Goxhill.
Resolved – That permission be granted for the application, subject to the conditions contained within the report.
(iii) 2014/0621 by Mr I Fletcher for outline planning permission to erect a dwelling at Wesley House, 3 Commonside, Crowle.
The applicants representative spoke on this application and explained that in 1989 outline planning permission had been granted. This application was now recommended for refusal as it was considered to be at risk of flooding due to sequential testing. The committee was asked to consider the feasibility of Crowle flooding, considering it was 6 miles away from the River Trent and there were no other rivers in Crowle.
It was questioned why the site was considered to be at risk of flood and whether the sequential and exceptions testing were relevant for this development, when there were plans afoot for a further 127 dwelling in Crowle. The Committee was advised that there had been no objections to the proposals from local councillors or residents.
The Head of Development Management confirmed the requirements of National Policy that new dwellings in Flood Risk Areas must be subjected to the sequential and exceptions test and demonstrate that the accommodation was safe.This had not been shown to be the case here and consequently the Environment Agency had objected to the application. If the Committee was minded to approve the application contrary to this advice then protocols required that the reasons be put to the Environment Agency to see if it wanted to request the Secretary of State to call the application in for a public inquiry..
Councillor Briggs, attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application and expressed his support for the application and questioned the flood zones considering water had not reached this area in the 2007 or 2010 floods.
Councillor Barker, attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application and also confirmed his support.
Members of the committee engaged in further dialogue with the Head of Development Management, and sought clarification on a couple of issues.
Resolved – (a) That the Planning Committee be minded to approve subject to conditions as it did not consider the site was vulnerable to flooding and was suitable in principle for a new house and that matters of detail could be dealt with by planning conditions., and (b) that the decision be held in abeyance pending discussions with the Environment Agency.
(iv) 2014/0697 by the Environment Agency for planning permission to install a single Rotaheat Convertor wind turbine (19 metres to tip) at the Environment Agency depot, South Street, Owston Ferry.
The Head of Development management suggested amendments to condition 3 to confirm that this related to when energy was first generated.
The applicant addressed the committee and explained that this was a prototype generator for heat and not electricity and that a trial was crucial for further development. Specifics were discussed and what could ultimately be achieved if successful.
An objector to the application voiced concerns that this was still a wind turbine, it was too close residential housing in the village and would spoil the view. The structure was too large for the depot where it was to be sited, and raised further concerns over noise and flicker nuisance.
Reference was also made to the wildlife in the area, and the objector explained that breeding owls occupied a box which would be within 20m of the proposed site which was contrary to planning policies.
Members engaged in discussions.
Resolved – That planning permission be refused.
Reason:
The detrimental impact on the open landscape and neighbouring properties.
(v) 2014/0754 by Mrs E Wise for planning permission to erect a detached house at Plot 1, Land off Howe Lane, Goxhill.
Resolved – That permission be granted for the application, subject to the conditions contained within the report.
(vi) 2014/0762 by Mr P Sembiante, Act Fast for planning permission to vary condition 4 of PA/2009/0444 at Kieraden Park, North Moor Lane, Messingham.
The Head of Development Management confirmed that Messingham Parish Council had raised no objections to the proposal and that a further amended plan had been received showing the current 2 tracks
The Chairman referred members to the planning officers report where Environmental Health Officers had requested that a noise management plan be produced, and he suggested that the application be deferred pending receipt.
Resolved – That the application be deferred pending further receipt of a revised noise management plan.
(vii) 2014/0764 by RJE Planning and Developments Ltd for planning permission for the demolition of an existing public house, erection of two 4 bedroom semi-detached houses, rebuilding of existing public house to provide a bar, restaurant, B&B rooms, landlord accommodation, 2 bedroom flat, car parking spaces and associated landscaping at The Bay Horse, Shore Road, Garthorpe.
The Head of Development Management confirmed that there were a couple of amendments to be made to the report. Firstly that the application had been called in by Councillor Briggs, and secondly that the reason for refusal should read ‘…. As part of the site and elsewhere in the village is located within Flood Zone 1, …’
The applicant spoke about the proposals for the site and how it was hoped that this would enhance the area and encourage people to come into the village.
An objector to the application expressed concerns over the parking availability, especially if the intention was to draw custom from outside the village. He expressed concerns about potential obstruction through the village, how the access to the small nature reserve would be impeded by the new development, and how residents were concerned that the houses would be built and not the replacement public house.
Councillor Briggs, attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application and confirmed that there was support from the community for a new public house, and requested that the applicant have further dialogue with the community. This was re-affirmed by Councillor Barker.
Resolved – That consideration of this application be deferred to a future meeting and that members visit the site, prior to that meeting.
Reason:
To look at the site and observe potential parking issues should the development be approved.
(viii) 2014/0951 by the Corporation of Trinity House for outline planning permission to erect two dwellings with appearance, landscaping, layout and scale reserved for subsequent approval.
Resolved – That permission be granted for the application, subject to the conditions contained within the report.
(ix) 2014/1024 by Mrs C Wallace to remove a sycamore tree identified as T178 in the Lincoln Gardens No 1 1989 Tree Preservation Order at 21 Revesby Avenue, Scunthorpe.
A representative for the applicant explained to the committee that the tree was now bigger than the house, and that it was restricting light into the house, causing problems with the gutters and damp issues within the property. The resident explained that there were also concerns over the size of the roots and whether this was damaging the foundations to the house. Health and Safety concerns were also expressed.
Resolved – That planning permission be refused in accordance with the recommendation contained within the report.
(x) 2014/1089 by North Lincs Property Holdings Ltd for planning permission to retain external rendering, UPVC replacement windows, front and side canopies and rear store extension room at the Red Lion Hotel, North Street, Crowle.
Resolved – That planning permission be granted in accordance with the recommendation contained within the report.
(xi) 2014/0758 by North Lincolnshire Council for planning permission to retain security fencing at the Co Op sports Ground, Brumby Wood Lane, Scunthorpe.
An objector to the application expressed concerns over the lack of consultation and notices outlining the intent to fence the area. The committee was asked to consider the detrimental impact that this had on the character of the area, how there had been no mention of gates, the impact that this would have on wildlife in the area due to the lack of gaps and small sizing of the mesh, and how the entrances to the ground were now being churned up due to the restricted access points.
These concerned were also supported by Councillors Gosling and Wilson, attending the meeting in accordance with Procedure Rule 1.37 (b).
Resolved – That planning permission be granted in accordance with the recommendation contained within the report.
1633 (24) LINCOLNSHIRE LAKES PLANNING APPLICATIONS HEADS OF TERMS FOR SECTION 106 AGREEMENT – The Head of Development Management had submitted a report to advise the Planning Committee of the proposed Heads of Terms attached to the Lucent Lincolnshire Lakes SARL planning applications that were presented to planning committee on 22 October 2014 (application numbers PA/2013/1000, PA/2013/1001, PA/2013/1002 and PA/2013/1003).
The committee was provided with an oral update as to why the report was being presented and outlined an amendment that needed to be made to paragraph 2.4.2.where the correct figure for the affordable homes off site contribution was £15,890,000. equating to 150 dwellings.
The applicant outlined that a request had been made for specific details to be confirmed over the affordable housing in the development. On the basis of viability, he confirmed that the offer had been increased from 3% to 5% in keeping with the North Lincolnshire Local Housing Plan. Guidance had also been taken from the Homes and Communities Agency.
The applicant advised the committee that they had agreed to be bound by further reviews throughout the development.
Full details of the head of terms were outlined within paragraph 2.4,2.7 and 3 of the revised report.
Resolved – That option 1 be approved, that the Head of Development Management be authorised to proceed in producing and signing the S106 Agreement in respect of the four Lucent planning applications (application numbers PA/2013/1000, PA/2013/1001, PA/2013/1002 and PA/2013/1003) as set out within the Heads of Terms included in Section 2.4,2.7 and 3 of the amended report and issuing the four planning permissions subject to conditions.
1634 (25) RESTRICTED BYWAY 21, CROWLE – The Director of Places had submitted a report which sought a decision to be taken on what stance the council should take in referring a contested order to the Secretary of State for the Environment, Food and Rural Affairs and sought to add a restricted byway to the definitive map and statement.
The restricted byway had a length of 155 metres and connected Jacques Bank with Crook O’ Moor Road.
The report stated that the Director of Places had authorised the making of an order on 23 May 2014, which explained why the order had been made. The council sealed the order on 19 June 2014 and subsequently published a notice on 31 July 2014 allowing six weeks for objections and representations to be lodged.
Councillors Briggs and Barker, attending the meeting in accordance with Procedure Rule 1.37 (b) spoke on this application and supported the proposal.
Resolved – (a) That the Definitive Map Modification (Restricted Byway 21, Crowle) Order 2014(1)” be referred to the Secretary of State for the Environment, Food and Rural Affairs with a request that the order be confirmed; (b) that confirmation be subject to references within the order to the “County of Lincoln (Parts of Lindsey) Isle of Axholme” definitive map and statement being substituted for “West Riding of Yorkshire (Thorne Rural District)” definitive map and statement; and (c) the council participate fully in the confirmation process.