Meeting documents

Planning Committee
Wednesday 13th March 2019

Chairman: Councillor N Sherwood
Venue: The Council Chamber, Civic Centre, Scunthorpe
Time: 2 pm
Email address: planningcommittee@northlincs.gov.uk

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 13 February 2019 as a correct record and authorise the chairman to sign.
  4. Applications deferred from previous meetings 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 Group Manager - Development Management and Building Control unless otherwise stated.

MINUTES

PRESENT:- Councillor N Sherwood (Chair)

Councillors Allcock, Bainbridge, Collinson, J Davison, Glover, Grant, Longcake, Oldfield and Wells

Councillor(s) Clark, L. Foster, Hannigan, Marper, Ogg, Rowson and C. Sherwood attended the meeting in accordance with Procedure Rule 37(b).

The committee met at Civic Centre, Scunthorpe.

1938 DECLARATIONS OF 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(s)MinuteApplication(s)Nature of Interest
Cllr C Sherwood1941 (i)PA/2018/1125Wife works for the Firm.

The following members declared a personal interest:-

Member(s)MinuteApplication(s)Nature of Interest
Cllr Allcock1942 (ii)PA/2018/2244Knows the applicant.
Cllr OldfieldGeneralMember of Scunthorpe Water management Board, Member of Gunness and Burringham Parish Council, and Member of Unite Union.
Cllr N Sherwood

 

1941 (i)

 

PA/2018/1125Relative works for the applicant.
Cllr Wells1940 (ii)PA/2018/1581

 

 

 

 

 

Member of East Lindsey Drainage Board, Governor of the Humber Estuary Federation and member of North East Lindsey Drainage Board.

The following members declared that they had been lobbied:-

Member(s)Application(s)Minute
Cllr BainbridgePA/2018/1063,

PA/2018/1581 &

PA/2018/2404

1940(i)

1940 (ii)

1940 (iv)

Cllr ClarkPA/2018/1581&

PA/2018/1125

1940(ii)

1941 (i)

Cllr Collinson

 

 

PA/2018/1581

PA/2018/2404 &

PA/2018/2280

1940 (ii)

1940 (iv)

1942 (iii)

Cllr J DavisonPA/2018/15811940 (ii)
Cllr L. FosterPA/2018/24041940 (iv)
Cllr GloverPA/2018/15811940 (ii)
Cllr GrantPA/2018/1581 &

PA/2018/2404

1940 (ii)

1940 (iv)

Cllr Hannigan

 

PA/2018/1581 &

PA/2018/1125

1940 (ii)

1941 (i)

Cllr LongcakePA/2018/15811940 (ii)
Cllr MarperPA/2018/17591941 (i)
Cllr OggPA/2018/17591941 (i)
Cllr RowsonPA/2018/17591941 (i)
Cllr C. Sherwood

 

PA/2018/1718 &

PA/2018/2324

1940 (iii)

1941 (iii)

Cllr N. Sherwood

 

PA/2018/1581

PA/2018/2404 &

PA/2018/1718

1940 (ii)

1940 (iv)

1940 (iii)

Cllr Wells

 

PA/2018/1581

PA/2018/1765

PA/2018/1125 &

PA/2018/2324

1940 (ii)

1942 (i)

1941 (i)

1941 (iii)

1939 MINUTES - Resolved - That the minutes of the proceedings of the meeting held on 13 February 2019, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the Chairman.

1940 APPLICATIONS DEFERRED FROM PREVIOUS MEETING - In accordance with the decisions at the previous meeting, members had undertaken site visits on the morning of the meeting. The Group Manager- Development Management submitted reports and updated them orally.

(i) PA/2018/1063 by Mr Paul Batho, St Modwen Properties PLC and Lidl UK GmbH for planning permission to erect a food store (use Class A1) and a non-food retain unit (Use Class A1) along with servicing, access, car parking, landscaping and other associated works at former site of Yorkshire Electricity Group PLC, Dudley Road, Scunthorpe, DN16 1BA.

The Group Manager - Development Management and Building Control updated the committee and having review the guidance in relation to the imposition of Legal Requirements and case law to the issue, it was concluded that the Unilateral Undertaking proposed in the main report would not be compliant with the tests set out in paragraph 56 of the NPPF and therefore cannot be imposed in this instance. For that reason it was recommended that if planning permission was granted it should be done so subject to the conditions listed in the officer's report and that no Legal Undertaking was required to mitigate the impacts of the development.

Cllr Wells indicated that he was happy with the application, but would like to see condition four amended to move the bus stop off the busy road.

Resolved - That planning permission be granted in accordance with the recommendations contained within the report, with the Unilateral Undertaking removed, and the amendment to condition four (iii) as follows -

Condition 4 (iii) the provision of suitable bus stop facilities on Queensway and, if appropriate, subject to further discussion, Dudley Road;

(ii) PA/2018/1581 by Mr Mark Snowden, Keigar Homes Ltd for outline planning permission for a residential development (with all matters reserved for subsequent approval) at land off Howe Lane and Hawthorne Gardens, Goxhill.

Five objectors spoke against the application. In doing so they raised a number of concerns, some of them being: the development was in open countryside, the area could not support the additional growth with the schools bursting at the seams, and the significant number of houses would exaggerate the problem. Along with worries around the increased traffic, narrow roads, congestion, noise disturbance, loss of greenspace, possible flooding,not in a sustainable area, detrimental impact on wildlife and felt it was contrary to several planning policies.

The applicant addressed some of the concerns raised by the objectors and referred to the officer's report. In doing so stated that there was a requirement in the area for families to grow and remain in the village, he said it was a sustainable location with good cycle and pedestrian routes available. He stated that the development would be of a high standard, with a variety of properties in keeping with the area, he also stated that the Education authority had been consulted and had no concerns, and that they would be making a substantial section 106 contribution to various sites within the area.

The ward members Cllr Hannigan and Cllr Clark addressed the committee and aired their concerns along with those of the residents objecting to the proposal. They did not believe the site was sustainable in the village and would put a strain on the local infrastructure. They did not feel that the transport provision could cope with the additional need and it was outside the development limit.

The Group Manager - Development Management and Building Control updated the committee and highlighted that if the committee granted permission there would be a Section 106 education contribution of 4299 per dwelling for secondary education (excluding the affordable units), and a sum of 2853 per dwelling for primary education (excluding affordable units).

Moved by Cllr Grant and seconded by Cllr Collinson -

That planning permission be refused.

Moved by Cllr Allcock and seconded by Cllr J Davison as an amendment-

That planning permission be granted in accordance with the recommendations contained within the officer's report with the addition of the Section 106 for education.

The votes having been equal, the Chairman used his second and casting vote on the amendment.

Amendment Carried.
Substantive Motion Carried.

(iii) PA/2018/1718 by Mr Jonathan Dibdin for planning permission to erect eight dwellings, including garages and access at land adjacent to Ridgeway House, Mill Lane, Wrawby.

A speaker spoke in support of the application who felt it was in a suitable location, on a 30mph speed limit area, not in the open countryside, no objections on highways safety grounds, no overlooking and indicated it had been designed to fit in with the current setting.

Cllr C Sherwood stated that he had received concerns from a number of residents complaining that the application was on the outskirts of the village out of the development line, and situated on green belt land. He was also worried about the safety on the access points, and felt it was out of keeping with the area.

Cllr J Davison having been on the site visit said he appreciated the concerns of the resident with regards to access safety, however, he felt that there was good visibility. He had no problem with the application if an additional condition could be added regarding construction traffic access on Mill Lane.

Resolved - That planning permission be granted in accordance with the recommendations contained within the report with the addition of the following condition:

Construction access: The CEMP shall set out the particulars of access to the site during the construction period. At no point shall access be derived from Mill Lane.

(iv) PA/2018/2404 by Mr Mark Snowden, Keigar Homes Ltd for planning permission to erect 77 dwellings with associated garaging new estate access road and open space area at land north of Dartmouth Road, Scunthorpe.

Five objectors spoke against the application and explained in detail why they opposed the development, and their concerns covered the following areas:- the objection by Sport England that they felt had been ignored, the loss of green space, highway safety concerns, especially near the bend and on a busy school and bus route, flood risk and associated drainage problems, they felt that the retention of the playing field that had been used for years, that was still used was much more beneficial to the community. They stated there would be a loss of wildlife and the air quality would suffer from the loss of trees.

The applicant responded to the concerns of the residents and also felt that a lot of the issues had been addressed through the consultation meeting that was held and only 40 residents attended, having listened and noted the issues the application was submitted. He stated that it was an allocated housing site, well positioned and close to the amenities. He said the plot was suitable for 91 dwellings but had only proposed 77 and there would be no loss of amenities to local residents, He also stated that there were no detrimental safety impact and the highway, and as part of the application there would be a S106 agreement for financial contributions towards amenities/education within the location.

Cllr L Foster having called in the application addressed the committee with a number of concerns. He further highlighted residents' concerns covering the following areas - water management, increase in traffic opposite a local school, blind corners, major bus route, and felt that the drainage recommendations from Keiger Homes was inadequate. He stated that the report was inaccurate when indicating that the field was no longer used for leisure purposes.

The Group Manager - Development Management and Building Control gave an update on the flooding and the response from Sport England.

The voting having been equal, the chairman used his second and casting vote in favour of granting permission, and therefore it was -

Resolved - That planning permission be granted in accordance with the recommendations contained within the officers report with the amendement to the following condition -

17.
No dwelling shall be occupied until details of drainage modelling, rain gardens and dry pond details have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with both the approved details and the submitted Flood Risk Assessment Final Report: Revision D dated February 2019 and Surface Water Drainage Strategy, Drawing No. EWE/2281/01 Revision C dated 25 February 2019 and associated submitted documents, and shall thereafter be retained and maintained for the lifetime of the development.

18.
Prior to the construction of any of the dwellings, a scheme for the disposal of foul water shall be submitted to and agreed in writing by the local planning authority, and no dwelling shall be occupied until it is connected to the approved drainage system.

and add informative:

Surface Water Drainage Strategy Drawing No. EWE/2281/01 Revision C dated 25 February 2019 indicates that the proposed development site has a historic buried surface water drain on the western boundary of the development. Following inspection, the watercourse may need to be cleared, replaced, protected or diverted by the landowner at their expense in accordance with their riparian responsibilities. Any other drainage feature found during excavations must be immediately reported to the LLFA Drainage Team on 01724 297522, and prior to any further construction works being carried out.

Please refer to the Environment Agency's ‘Living on the edge - Riverside ownership rights and responsibilities’ document which can be found online for further information. Compliance with this guidance is to ensure the free flow of surface water is maintained throughout the development.

1941 MAJOR APPLICATIONS - The Group Manager - Development Management submitted a report containing details of major applications for determination by the committee, including summaries of policy context, representations arising from consultation and publicity and assessment of the applications.

(i) PA/2018/1125 by Mr Jonathan Nuttall, Salfina Ltd for planning permission to stockpile 170,000 tonnes of road salt at a maximum height of 10 metres to be secured with waterproof sheeting at land north west of Salfina Warehouse, Lancaster House, Lancaster Approach, North Killingholme, DN40 3JY.

Cllr Hannigan as the local ward member shared his concerns with regard to the application, and in doing so urged the committee to hold a site visit before making a decision as he felt there was environmental and safety concerns for residents from the dust, and the heavy goods vehicles passing on a regular basis.

Resolved - That the application be deferred to the next meeting to allow the committee to visit the site.

(ii) PA/2018/1759 by Partner Construction and Acis Group for planning permission to erect 40 dwellings (including 25 affordable homes) and associated access, open space and drainage infrastructure at land south of Coates Avenue, Winterton, DN15 9SP.

An objector stated he was speaking on behalf of hundreds of residents who objected to the proposal. He indicated that an application had previously been refused on the same piece of land, and the reason for their concerns were on the following grounds - access road and safety on Coates avenue, contrary to planning policies, highways safety concerns and asked the committee to hold a site visit before making a decision.

The agent spoke in response and stated he had worked with the planning officers on the detail of the application before it was formally submitted. He indicated that it was allocated for housing and there was a demand for it in Winterton. He informed the committee that the Highways department had stated that the access was acceptable and the application adhered to local and national policy.

The local ward members spoke against the application and in doing so urged the committee to refuse the application as it was an unacceptable development. They also felt it was no different to the previous application that was refused, transport was inadequate, the drainage was inadequate and the access on to Coates Road would be very dangerous.

Cllr J Davison stated that he remembered visiting the site on the previous application that was refused, and he felt that nothing had changed since the last refusal, and even thought the access might be even worse now and therefore felt the application should be refused.

It was moved by Cllr J Davison and seconded by Cllr Allcock -

That planning permission be refused for the following reasons -

1.
The submitted Transport Assessment is considered to be inadequate and the applicant has failed to demonstrate that the proposed development would not be to the detriment of highway safety in terms of the proposed vehicular and pedestrian access arrangements. The proposal is therefore contrary to policies T2 and T6 of the North Lincolnshire Local Plan.

2.
Insufficient information has been provided to demonstrate that the proposed development would not lead to an increase in flood risk as an inadequate assessment has been carried out in respect of existing ground, surface and foul water drainage. The proposed development is therefore contrary to policies DS14, DS15 and DS16 of the North Lincolnshire Local Plan.

Motion Carried.

(iii) PA/2018/2324 by Mr Nick Lupton, Environment Agency for planning permission for the construction of a Flood Alleviation Scheme between the CEMEX Plant and South Ferriby (approximate length of 3km); permanent works comprise new embankment, raising and increasing the foot print of an existing flood embankment, raising and replacing existing flood defence walls, new flood defence walls and installation of fixings for demountable flood defences, temporary works include soil stock piling, site compounds, access points from the A1077 and footpath diversions at land in the vicinity of Ferriby Sluice, Sluice Road, South Ferriby (also within Winteringham and Winterton Parishes).

A local resident raised her concerns with the proposal based on the prolonged road closures that would have a significant impact on the area, and could mean isolation for certain groups. She indicated that the detours could have a detrimental effect on certain people as it will make some journeys impossible.

Two speakers who had previously been flooded in the area spoke highly in support of the proposals. They were aware that there was a limited window of opportunity for the funds to complete the project and it was vital that they did so before 31 March 2019. They urged the committee to approve the proposals.

Cllr C Sherwood stated it had taken five years to get to this situation as it was a complex application. He said he would never wish to see the devastation again that was caused in 2013, and if the only objection was the road closures then he would like to think these could be managed accordingly to meet the needs of the residents.

Resolved - That planning permission be granted in accordance with the recommendations contained within the report and the additional condition -

10.
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.

11.
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.

12.
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.

1942 PLANNING AND OTHER APPLICATIONS - The Group Manager - 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) PA/2018/1765 by Mr Simons for planning permission to change the use of an agricultural building to residential and to erect an attached three-storey dwelling, including associated access and landscaping at Southam Farm, Brocklesby Road, Ulceby, DN39 6SU.

The applicant addressed the committee and informed them that he had received no objections from consultees to the proposal, and his aim was to tidy up the site and make it more visible for the area.

The ward members spoke in favour of the development and suggested it should be considered on its own merit. They stated it was within a row of current residential properties and in a sustainable location.

It was moved by Cllr Wells and seconded by Cllr Glover -

That planning permission be granted subject to the following conditions -

1.
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.

2.
The development hereby permitted shall be carried out in accordance with the following approved plans: A0001, A0002, A0003, A0005 rev A, A0006 rev A, A0007 rev B and A0008 rev A.

Reason
For the avoidance of doubt and in the interests of proper planning.

3.
The dwelling shall not be occupied until the vehicular access to it and the vehicle parking and turning space(s) serving it have been completed and, once provided, the vehicle parking and turning space(s) shall be retained.

Reason
In the interests of highway safety and to comply with policies T2 and T19 of the North Lincolnshire Local Plan.

4.
No demolition of, or alterations to, the traditional farm buildings shall take place until the applicant, or their agents or successors in title, has secured the implementation of an archaeological mitigation strategy comprising a Historic Building Record, to be defined in a Written Scheme of Investigation, including a timetable for the recording, that has been submitted to, and approved in writing by, the local planning authority.

Reason
To comply with paragraph 199 of the National Planning Policy Framework, policy CS6 of the North Lincolnshire Core Strategy, and policy HE9 of the North Lincolnshire Local Plan as the traditional farm buildings are a heritage asset of local historic value that contributes to the rural character of the landscape; demolition and alterations will result in the loss of physical evidence and the proposed historic building record will ensure that any such evidence is appropriately recorded and a permanent archive created.

5.
The historic building recording 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 paragraph 199 of the National Planning Policy Framework, policy CS6 of the North Lincolnshire Core Strategy, and policy HE9 of the North Lincolnshire Local Plan as the traditional farm buildings are a heritage asset of local historic value that contributes to the rural character of the landscape; demolition and alterations will result in the loss of physical evidence and the proposed historic building record will ensure that any such evidence is appropriately recorded and a permanent archive created.

6.
The historic building report shall be deposited at the North Lincolnshire Historic Environment Record and the archive at the North Lincolnshire Museum within six months of the date of commencement 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 paragraph 199 of the National Planning Policy Framework, policy CS6 of the North Lincolnshire Core Strategy, and policy HE9 of the North Lincolnshire Local Plan as the traditional farm buildings are a heritage asset of local historic value that contributes to the rural character of the landscape; demolition and alterations will result in the loss of physical evidence and the proposed historic building record will ensure that any such evidence is appropriately recorded and a permanent archive created.

7.
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.

8.
Works and biodiversity enhancements shall be carried out strictly in accordance with the submitted document, 'Protected species update survey - Southam Farm, Ulceby, Lincolnshire' dated 26 November 2018. The management prescriptions set out in the method statement, recommendations and appendices shall be carried out in their entirety in accordance with the timescales set out. The applicant or their successor in title shall submit photographs of the installed bat roosting and bird nesting features, within two weeks of installation, as evidence of compliance with this condition. All biodiversity features shall be retained thereafter.

Reason
To protect features of recognised nature conservation importance in accordance with policies CS5 and CS17 of the North Lincolnshire Core Strategy.

9.
Notwithstanding the provisions of Class A of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), or any order revoking and re-enacting that order with or without modification, no extensions shall be erected on the dwelling other than those expressly authorised by this permission.

Reason
To protect the character and appearance of the open countryside in accordance with policies RD2 of the North Lincolnshire Local Plan and CS5 of the North Lincolnshire Core Strategy.

Motion Carried.

(ii) PA/2018/2244 by Mr John Coggan, Coggan Bros. for outline planning permission to erect a dwelling and garage at land north of 43 North Street, West Butterwick, DN17 3JR.

Resolved - That planning permission be granted in accordance with the recommendations contained within the report.

(iii) PA/2018/2280 by Miss Rosalind Bentley for planning permission to retain roof lantern and alterations to existing extension at Peach Tree House, Crowle Road, Eastoft, DN17 4PH.

Resolved - That planning permission be granted in accordance with the recommendations contained within the report.

(iv) PA/2019/92 by Mr Mark Snowden, Keigar Homes Ltd for application to discharge conditions attached to planning permission PA/2015/1390 (Appeal Ref APP/Y2003/W/16/3159191) at land to the rear of North Street and Cemetery Road, Winterton.

Resolved - That planning permission be granted in accordance with the recommendations contained within the report.

Reports