Planning Committee – 23 September 2015
Chair: Councillor N Sherwood
Venue: The Council Chamber, Civic Centre, Scunthorpe
Time: 2 pm
AGENDA
- Substitutions.
- 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).
- To take the minutes of the meeting held on 2 September 2015 as a correct record and authorise the chairman to sign.
- Applications deferred from previous meeting for a site visit.
- Major Planning Applications
- Planning and other applications for determination by the committee.
- 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 N Sherwood (Chair).
Councillors Allcock (Vice-Chairman), Ali, Carlile, Collinson, Glover, Gosling, Ogg, Poole, C Sherwood,
Councillors Briggs, Redfern, Reed and Waltham attended the meeting in accordance with Procedure Rule 37 (b).
The committee met at the Civic Centre, Scunthorpe.
1684 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 personal interests
| Member (s) | Minute | Application (s) | Nature of Interest |
| Cllr Allcock | 1687 (i)
1687 (ii) 1688 (v) 1688 (iii) |
2014/0710
2015/0481 2015/0916 2015/0812 |
Member of Isle of Axholme and North Nottinghamshire Water Level Management Board, and member of the Campaign for Protection of Rural England.
As above As above Knows the agent. |
| Cllr Briggs | General
General |
Member of Humberside Fire Authority. Member of the Isle of Axholme and North Nottinghamshire Water Management Board. | |
| Cllr Redfern
|
1686 (i)
1688 (ii) |
2015/0200
2015/0703 |
Member of Epworth Town Council. Member of the Isle of Axholme and North Nottinghamshire Water Management Board. As above. |
The following members declared that they had been lobbied: –
| Member (s) | Application | Minute |
| Cllr Allcock Cllr Redfern | 2014/0710 2015/0200 2015/0703 | 1687 (i) 1686 (i) 1688 (ii) |
1685 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 2 September 2015, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.
1686 (13) 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) 2015/0200 Mr D Dennett, an outline planning application for the erection of four dwellings with appearance and scale reserved for subsequent approval on land to the south of King Edward Street, Belton.
The agent for the applicant stated that the application was within the development boundary and would make the current site much more attractive for the area and the residents. He indicated that it was currently very badly overgrown, and there wereas no trees worthy of retention. However, the new proposal would allow council officers to have greater control of the site, what is planted in future, and highlighted that no nearby properties would be overlooked.
Cllr Redfern stated that she was pleased the committee had been to visit the site to have a look for themselves, and ease any concerns of overlooking neighbouring properties. She also agreed that it would improve the site that was currently very overgrown.
Cllr Allcock reiterated the comments from other speakers and confirmed that after looking at the site it would greatly benefit from this proposed development, as it was badly overgrown. He stated that the neighbours had trees and hedges to prevent overlooking so did not see this as a problem.
The Head of Development Management explained that there would need to be further conditions attached to the application relating to a section 106 agreement on affordable housing.
Resolved – That outline planning application be granted subject to a Section 106 Agreement to secure an affordable housing contribution of £17,427 and an off-site open space contribution of £2,485.43 grant, subject to the following conditions:
Approval of the details of the scale and appearance of the building(s) (hereinafter called ‘the reserved matters’) shall be obtained from the local planning authority in writing before any development is commenced.
Reason
The application has been made under Article 5(1) of the Town & Country Planning (Development Management Procedure) (England) Order 2015.
Plans and particulars of the reserved matters referred to in condition 1 above, relating to the scale and appearance of any buildings to be erected, shall be submitted in writing to the local planning authority and shall be carried out as approved.
Reason
The application has been made under Article 5(1) of the Town & Country Planning (Development Management Procedure) (England) Order 2015.
Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.
Reason
To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.
The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
Reason
To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.
The development hereby permitted shall be carried out in accordance with the following approved plans: 872-15 2 of 2.
Reason
For the avoidance of doubt and in the interests of proper planning.
No development shall take place until details showing an effective method of preventing surface water run-off from hard paved areas within the site onto the highway have been submitted to and approved in writing by the local planning authority. These facilities shall be implemented prior to the access and parking facilities being brought into use.
Reason
In the interests of highway safety and to comply with policy T19 of the North Lincolnshire Local Plan.
No loose material shall be placed on any driveway or parking area within 10 metres of the adopted highway unless measures are taken in accordance with details to be submitted to and approved in writing by the local planning authority to prevent the material from spilling onto the highway. Once agreed and implemented these measures shall be retained.
Reason
In the interests of highway safety and to comply with policy T19 of the North Lincolnshire Local Plan.
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that order with or without modification), nothing shall at any time be erected, retained, planted or allowed to grow over 1.05 metres in height above the level of the adjoining carriageway for a distance of 2 metres from the highway boundary across the site frontage.
Reason
In the interests of highway safety and to comply with policies T2 and T19 of the North Lincolnshire Local Plan.
No dwelling on the site shall be occupied until the vehicular access to it and the vehicle parking spaces serving it have been completed and, once provided, the vehicle parking spaces shall be retained.
Reason
In the interests of highway safety and to comply with policies T2 and T19 of the North Lincolnshire Local Plan.
No development shall begin until details of the private driveway, including construction, drainage, lighting and where appropriate signage/street naming arrangements, have been agreed in writing with the local planning authority and no dwelling on the site shall be occupied until the private driveway has been constructed in accordance with the approved details. Once constructed the private driveway shall be retained.
Reason
In the interests of highway safety and to comply with policies T2 and T19 of the North Lincolnshire Local Plan.
Works shall not commence on site until wheel cleaning facilities, in accordance with details to be submitted to and approved in writing by the local planning authority, have been provided within the curtilage of the site, and this facility shall be retained for the duration of the works.
Reason
To prevent material being deposited on the highway and creating unsafe road conditions.
No other works shall be commenced on the site until the access road junction with the adjacent highway, including the required visibility splays, has been set out and established.
Reason
In the interests of highway safety and to comply with policies T2 and T19 of the North Lincolnshire Local Plan.
No development shall take place until a scheme for the disposal of foul and surface water has been agreed in writing by the local planning authority and none of the dwellings shall be occupied until it is connected to the approved drainage system. The details shall demonstrate how run-off will be safely conveyed and attenuated during storms up to and including the 1 in 100 year critical storm event with an allowance for climate change from all hard surfaced areas within the development site. The submitted scheme shall demonstrate a Sustainable Urban Drainage Scheme as far as is practicable.
Reason
To ensure a satisfactory standard of drainage and to safeguard existing and proposed property.
The submitted Biodiversity Management Plan dated November 2014 shall be carried out in accordance with the approved details and timings, and the approved features shall be retained thereafter, unless otherwise approved in writing by the local planning authority. Prior to the occupation of the fourth new dwelling, the applicant or their successor in title shall submit a report to the local planning authority, providing evidence of compliance with the Biodiversity Management Plan.
Reason
To protect features of recognised nature conservation importance in accordance with policies CS5 and CS17 of the North Lincolnshire Core Strategy.
The scheme of landscaping and tree planting shown on drawing no. 872-15 2 of 2 shall be carried out in its entirety within a period of twelve months beginning with the date on which development is commenced or within such extended time period as may be agreed in writing with the local planning authority. Any trees, shrubs or bushes removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced with trees, shrubs or bushes of similar size and species to those originally required to be planted unless the local planning authority have given written consent to any variation.
Reason
To ensure the implementation and maintenance of the submitted scheme of landscaping for the proposed development.
Before development is commenced, details of the method of protecting the existing trees on the site throughout the construction period shall be submitted to and approved in writing by the local planning authority, and such works as may be so approved shall be carried out before development is commenced, and maintained until completion of the development. None of the trees so protected shall be wilfully damaged or destroyed, uprooted, felled, lopped or topped, nor any other works carried out which would cause damage to the root systems or otherwise threaten the lives of the trees during the period of construction without the previous written consent of the local planning authority. Any trees removed without such consent or dying or being severely damaged or becoming seriously diseased during that period shall be replaced with trees of such size and species as may be agreed with the local planning authority.
Reason
In order to protect the existing trees on the site.
If, during development, any odorous, discoloured or otherwise visually contaminated material is found to be present at the site then no further development shall be carried out until a written method statement detailing how this contamination shall be dealt with has been submitted to and approved in writing by the local planning authority.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with policy DS7 of the North Lincolnshire Local Plan.
No development shall take place until samples of the external facing materials to be used have been submitted to and approved in writing by the local planning authority and only the approved materials shall be used.
Reason
To ensure that the building is in keeping with its surroundings in the interests of visual amenity, in accordance with policy DS1 of the North Lincolnshire Local Plan.
No development shall take place until an archaeological mitigation strategy, as defined in a brief prepared by North Lincolnshire’s Historic Environment Record, has been submitted to and approved in writing by the local planning authority. The strategy shall include details of the following:
(i) measures to ensure the preservation in situ, or the preservation by record, of archaeological features of identified importance
(ii) methodologies for the recording and recovery of archaeological remains, including artefacts and ecofacts
(iii) post-fieldwork methodologies for assessment and analyses
(iv) report content and arrangements for dissemination, and publication proposals
(v) archive preparation and deposition with recognised repositories
(vi) a timetable of works in relation to the proposed development, including sufficient notification and allowance of time to ensure that the site work is undertaken and completed in accordance with the strategy
(vii) monitoring arrangements, including the notification in writing to North Lincolnshire’s Historic Environment Record of the commencement of archaeological works and the opportunity to monitor such works
(viii) a list of all staff involved in the implementation of the strategy, including sub-contractors and specialists, their responsibilities and qualifications.
Reason
To comply with policy HE9 of the North Lincolnshire Local Plan because the site lies in an area of archaeological interest.
The archaeological mitigation strategy shall be carried out in accordance with the approved details and timings, subject to any variations agreed in writing by the local planning authority.
Reason
To comply with policy HE9 of the North Lincolnshire Local Plan because the site lies in an area of archaeological interest.
A copy of any analysis, reporting, publication or archiving required as part of the mitigation strategy shall be deposited at North Lincolnshire’s Historic Environment Record within six months of the date of completion of the development hereby approved by this permission or such other period as may be agreed in writing by the local planning authority.
Reason
To comply with policy HE9 of the North Lincolnshire Local Plan because the site lies in an area of archaeological interest.
Construction and site clearance operations shall be limited to the following hours:
7am to 7pm Monday to Friday
7am to 1pm on Saturdays.
No construction operations shall take place on Sundays or public/bank holidays.
HGV movements shall not be permitted outside these hours during the construction phase without prior written approval from the local planning authority.
Installation of equipment on site shall not be permitted outside these hours without prior written approval from the local planning authority.
Reason
For the protection of residential amenity.
1687 (14) MAJOR PLANNING APPLICATIONS – The Head of Development Management submitted a report containing details of a major application for determination by the committee, including a summary of policy context, representations arising from consultation and publicity and assessment of the applications.
(i) 2014/0710 Mr S Morgan, REG Windpower Ltd for planning permission for wind farm development consisting of the erection of six three-bladed horizontal access wind turbines, 126.5 metres height to blade tip and associated infrastructure, including transformers, new and upgraded access tracks, underground cabling, electrical substation, hard standings, upgraded construction site access of Godnow Road, Crowle and ancillary equipment for a period of 25 years. Also, temporary works including construction compound, blade and nacelle lay-down areas, assist crane pads, turning areas and associated construction access tracks. Mr Morgan outlined the details of the proposals and the benefits it would bring in terms of needed clean energy and the contributions to the community.
An objector stated that she opposed the erection of six more wind turbines in Crowle, as there was already so many in the area. The access route was unsuitable as it was a single track that was used regularly by walkers and horse riders.
Councillors Briggs and Reed reiterated the objectors comments and stated that Axholme North had already played it part in accommodating windfarms, they had enough in the area already and did not want the landscape spoilt by even more windframs in the area.
Councillor Allcock agreed that to put more wind turbines up in Axholme North would have an adverse impact on the quality of the area, and was in agreement with the officer’s recommendation to refuse permission.
Resolved – That planning permission be refused in accordance with the recommendations contained within the report.
(ii) 2015/0481 Mr C Muscroft for outline planning permission for residential development, land west of A161, Seven Lakes Industrial Estate, access road to leisure complex and industrial site, Ealand, Crowle.
The agent for the applicant stated that this development was in a sustainable location, and although allocated for employment development it would benefit the local area, and local residents. He also asked that when making the decision the committee take into consideration the appeal decision of the same nature that related to the adjacent site, where the Inspector concluded that the development of the site for residential purposes would also result in small-scale economic and social benefits.
Councillor Briggs indicated that this land was set aside for employment purposes, and given that the council could now demonstrate an up-to-date five-year supply of housing sites there was insufficient justification for this application being located outside the development boundary. There were more suitable sites within Axholme North for residential development.
Councillor Allcock stated that given that the council now had policies in place to demonstrate a five-year supply of housing sites, and this application fell outside of the settlement boundary, then the application should be refused.
Resolved – That planning permission be refused in accordance with the recommendations contained within the report.
1688 (15) 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.
(i) 2015/0671 Mr Greenside for planning permission to erect two dwellings with associated vehicular access at 38 Garden Village, North Killingholme.
The applicant stated that three quarters of the development was actually inside the development boundary, with just a quarter of the site outside the limits. He indicated that development on the site would tidy the edge of the village up nicely and all the local residents were in favour of the proposed development.
Councillor C Sherwood felt that there was nothing wrong with the proposal as it was situated in the middle of a cul-de-sac, of a nice design, and would fill what was a vacant plot.
Resolved – That planning permission be granted subject to the following conditions:
- The development must be begun before the expiration of three years from the date of this permission.
Reason To comply with section 91 of the Town and Country Planning Act 1990.
- The development hereby permitted shall be carried out in accordance with the following approved plans: 010515-01, 010515-02 and 010515-03.
Reason For the avoidance of doubt and in the interests of proper planning.
- Construction and site clearance operations shall be limited to the following days and hours:
7am to 7pm Monday to Friday
7am to 1pm on Saturdays.
No construction or site clearance operations shall take place on Sundays or public/bank holidays.
HGV movements shall not be permitted outside these hours during the construction phase without prior written approval from the local planning authority.
Installation of equipment on site shall not be permitted outside these hours without prior written approval from the local planning authority.
Reason For the protection of residential amenity.
- No dwelling on the site shall be occupied until the vehicular access to it and the vehicle parking spaces serving it have been completed and, once provided, the vehicle parking spaces shall be retained. Reason In the interests of highway safety and to comply with policies T2 and T19 of the North Lincolnshire Local Plan.
- No development shall take place until a scheme for the disposal of foul and surface water has been agreed in writing by the local planning authority and none of the dwellings shall be occupied until it is connected to the approved drainage system Reason To ensure satisfactory drainage is provided in accordance with policy DS14 of the North Lincolnshire Local Plan.
(ii) 2015/0703 by Mr L Latham for planning permission to realign access point to front of property and rebuild boundary wall and gate at Sheneila Bungalow, Green Lane, Westgate, Belton.
The applicant informed the committee that the wall was to be constructed up to the boundary of the highway, however no part of the wall or gates would infringe on the highway, therefore the proposal would not result in any obstruction. The wall would not result in loss of residential amenity or impede visibility for drivers along Green Lane.
Councillor Redfern stated that due to the wall being built on existing foundations, which did not infringe on the highway, or cause any obstruction she would support the application.
Resolved – That planning permission be granted in accordance with the recommendations contained within the report.
(iii) 2015/0812 by Mr and Mrs G Curtis for outline planning permission to erect a detached dormer bungalow including access with all other matters reserved for subsequent approval at Glanford, 24 Manton Lane, Hibaldstow.
An objector raised concerns that this would affect the privacy of neighbouring properties and have an adverse effect through overlooking, loss of privacy, loss of amenity area and nuisance from vehicle noise. It was also highlighted that it was outside the development boundary, and a bungalow would have been a better option rather then a dormer. Minor modifications to conditions 10 and 11 would be of benefit to local residents to modify the time of operations on site and a solid surface used for the driveway access
The agent for the application stated that the development plan for Hibaldstow was 12 years old, and in which time there had been substantial development in the area that was not included in the development limit. The application had received no further representations and was far enough away from neighbouring properties as to not cause them a privacy problem.
Resolved – That outline planning permission be granted in accordance with the recommendations contained within the report, with the amendment to the following conditions:
- No development shall take place until details of the method of construction of the driveway, which shall be tarmac or a bound material, have been submitted to and approved in writing by the local planning authority and the driveway shall be constructed fully in accordance with the agreed details.
Reason In the interests of highway safety and residential amenity, and to comply with policies T2 and T19 of the North Lincolnshire Local Plan. 11. Construction and site clearance operations shall be limited to the hours of 8am to 5pm Monday to Friday, and no construction activities shall take place on Saturdays, Sundays or public/bank holidays.
HGV movements shall not be permitted outside these hours during the construction phase without prior written approval from the local planning authority.
Installation of equipment on site shall not be permitted outside these hours without prior written approval from the local planning authority. (iv) 2015/0902 by Mr M Taylor for planning permission to erect a detached dwelling, land at 1 Greengate Lane, South Killingholme.
The agent for the application stated that the proposed development had no adverse effect on the amenity of neighbours and provided sufficient space for garden, access and parking. The garage was integral to the side of the property and was single storey only; there were no windows in the side gable elevation at the first floor, so there was no impact in terms of overlooking and it was not overbearing due to the distance from the boundary and overall height of the side projection. He also indicated that some adjustments could be made to various conditions/materials.
An objector indicated that this site had previously been granted outline permission for a bungalow that was a lot smaller. This application was much bigger and meant that the garage would be built right next to his property about three metres away, that would restrict his light and view out of his kitchen window. He also indicated that it would be a better option to move the garage to the back of the property.
Councillor Allcock highlighted the fact that the agent was willing to make adjustments to various conditions, but it would be difficult to adjust the garage. He sought clarification on this from the Head of Development Management who concluded that fine tuning could be made to the conditions with regards to materials to be used, and that whilst the original application was for outline planning permission on a smaller scale, that was not a commitment, and this application should be taken on its own merit. Councillor Gosling stated that he was uncomfortable with the building lines, and it would possibly be useful for the Committee to have a site visit.
Moved by Councillor Allcock and seconded by Councillor Poole –
That planning permission be granted in accordance with the recommendations contained within the report.
Moved by Councillor Gosling and seconded by Councillor Carlile as an amendment –
That planning permission be refused.
Amendment Lost Motion Carried
(v) 2015/0916 by Mr R Mills, North Lincs Property Ltd for planning permission for erection of ready-mix concrete batching plant with ancillary storage bunkers, offices and WC’s at (site to the rear of Danum Tyres) Sandtoft Industrial Estate, Road No 1, Belton.
Councillor Redfern raised concerns that there was no conditions attached to the application that referred to dust and vehicle movements, and how this may affect local residents, and felt it would be beneficial to defer the application until further information could be provided on dust and noise management measures.
The Head of Development Management stated that Environmental Health had been consulted and raised no objection with regards to dust and noise, and if it did become a nuisance to residents it could be dealt with through Environmental Health legislation at a later stage.
Councillor Allcock also had concerns over the dust and traffic management measures, and asked that the application be deferred until further information could be provided on these matters from the Environmental Health Team.
Resolved – That the application be deferred for more information on traffic movements, and dust and noise management measures.
(vi) 2015/0962 by Mr and Mrs Patel for a non-material amendment to PA/2014/0231 namely to move the position of the entrance door and change window and door material to aluminium at 89 Fleetgate, Barton-upon-Humber.
The agent for the application stated that this was a minor amendment to the existing planning permission to change the window and door material to aluminium, and move the position of the entrance door to allow customers of all abilities to access the store easier.
Resolved – That a non-material amendment be granted in accordance with the recommendations contained within the report.