Agenda and minutes

There were no substitutes at the meeting.

The following member declared a personal interest –

Member: Councillor D Wells

Minute Number: 2732a (PA/2023/323)

Nature of Interest: Local Ward Member

The following members declared that they had been lobbied –

Member: Councillor N Sherwood

Minute Number: 2730 (PA/2024/678)

Member: Councillor J Davison

Minute Number: 2730 (PA/2024/678)

Member: Councillor D Wells

Minute Number: 2737 (PA/2024/742)

Member: Councillor C Ross

Minute Number: 2730 (PA/2024/678)

Resolved – That the minutes of the meetings held on the 2 October 2024, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

Cllr Ross stated that the site visit was a useful exercise in envisaging the proposal. 

It was then moved by Councillor C Ross and seconded by Councillor C Patterson –

That planning permission be approved in accordance with the recommendations contained within the officer’s report, with the addition of the following condition (3) / reworded condition 9 (now 10):

3. Prior to the occupation of the dwelling on plot 2, a non-opening window shall be installed in the first-floor dormer window on the front elevation of the dwelling.

Reason To prevent overlooking and loss of privacy in accordance with policies DS1 and H5 of the North Lincolnshire Local Plan.

10. Before the occupation of the dwelling, the height of the western boundary fence from ground floor level shall be increased to 2m from the rear of the boundary of the application site up to the existing principal elevation (front) wall of the adjoining bungalow (31 Brigg Road) to the west. Once installed, this boundary treatment shall be retained thereafter.

Reason To provide an appropriate level of screening in accordance with policies H8 and DS1 of the North Lincolnshire Local Plan.

Motion Carried

The applicant spoke in support of the application. The applicant informed members that the proposed development was intended to use local tradespeople, and to enable them to settle near family and within a village setting. 

The applicant stated that they had worked with previous objectors to address their concerns, which were now resolved.  The site was novel, but in keeping with similar neighbours, and the proposal, if agreed, would improve the local amenity.

Cllr Ross stated that, upon visiting the site, they felt it somewhat overpowering to adjacent properties.  Cllr Ross also identified other issues with the development, as set out in the officer’s report.  Cllr Davison agreed that the proposed design didn’t seem to match the plot.

Cllr Bell stated that the proposal was for a large property, but that other houses in the immediate area were of a similar size.  Cllr Grant agreed, stating that the site visit had allayed his concerns.

Cllr Wells raised concerns about over-shadowing of a neighbouring property.

It was then moved by Cllr Ross and seconded by Cllr Davison –

That planning permission be refused in accordance with the recommendations contained within the officer’s report.

Motion carried.

An objector addressed the Committee, stating that they had farmed this piece of land for 40 years.  The objector raised a number of concerns about the planning process, stating that there were several pieces of erroneous information within the report, and that previous submissions were note hosted on the planning portal.  The objector referred to various documents from the former Humberside County Council, which showed that the land was previously owned by them, and that the parties had not followed the required legal steps.

The applicant then spoke, stating that they had made substantial efforts to engage with all interested parties on this proposed development.  The applicant stated that they had then taken steps to reduce the impact on neighbours.

The applicant stated that the current yard was unusable and unsustainable, which was harming his business, which operated in a very challenging industry.  It was stated that the proposal was not for a lorry park, but that it would involve a simple move over a few hundred metres, which would ensure the sustainability of the business, including local jobs.

Cllr Wells sought legal advice, which was provided.  Other members also sought advice from officers regarding the site, the nearby highways, and weight limits.

Cllr Davison queried the access and egress of the site, stating that some more detail may be helpful.

Cllr Wells stated that his preference would be a condition which required vehicles to turn at the nearby roundabout.

Cllr Grant stated that the proposal was clearly not for a lorry park, but it amounted to a relatively minor change of venue of an existing business.

It was then moved by Cllr J Davison and seconded by Cllr C Patterson –

That planning permission be approved in accordance with the recommendations contained within the officer’s report.

Motion carried

The Development Management Lead updated the Planning Committee on a number of changes to the application that had been agreed with the applicant.

The applicant addressed the Committee, stating that this was a resubmission of a previous application, and that the Planning Inspector had granted approval for 20 properties.  The applicant described the purpose of the application, which included a number of affordable, “try before you buy” rental properties.  The applicant highlighted biodiversity work, the increased availability of affordable housing, and the agreement of a S106 arrangement.

Cllr Davison stated that there was a need for affordable housing within North Lincolnshire, and that he wished to see the S106 to be agreed and implemented as soon as possible.  Cllr Bell agreed with these sentiments.

It was moved by Cllr Davison and seconded by Cllr Patterson –

That planning permission be approved in accordance with the officer’s recommendation, subject to the agreement of a S106, with the following amended conditions –

PA/2024/687 – replace condition 6 with:

6.

No development hereby permitted shall commence until a biodiversity gain plan (BGP) has been submitted to and approved in writing by the local planning authority. The BGP shall be in accordance with the Biodiversity Net Gain Report by Wold Ecology Ltd Issue No. 2 dated 24/09/2024. Development shall then be carried out in strict accordance with the approved biodiversity gain plan.

Reason

To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

7.

Within three months of the commencement of development, a biodiversity enhancement plan shall be submitted for approval by the local planning authority which shall include the following:

(a)      details of at least three bat roosting features to be installed in the new dwellings;

(b)      details of nest boxes to be installed to support house sparrow, starling and other garden birds;

(c)      details of restrictions on lighting to avoid impacts on bat roosts, bat foraging areas, bird nesting sites and sensitive habitats;

(d)      provision for hedgehogs to pass through any fencing installed between gardens and between areas of grassland;

(e)      prescriptions for the retention and improvement of existing hedgerows;

(f)       prescriptions for the planting and aftercare of native trees, shrubs and amenity grassland with wildflowers of high biodiversity value, appropriate to the location and soil type;

(g)      proposed timings for the above works in relation to the completion of the buildings.

The development shall be carried out and subsequently maintained in accordance with the approved biodiversity enhancement plan.

Reason

To conserve and enhance biodiversity in accordance with policies CS5 and CS17 of the Core Strategy.

Resolved – That planning permission be approved in accordance with the recommendations contained within the officer’s report.

Cllrs Wells and Southern queried the accessibility of the private road, for the purpose of the delivery of local amenity.  The Development Management Lead provided appropriate advice.

Resolved – That planning permission be approved in accordance with the recommendations contained within the officer’s report.

An objector addressed the Committee as a member of the Residents’ Association and the local Road Safety Group.  The objector confirmed that there was an enforceable weight limit within Ulceby, and that this proposal risked a large increase in HGV traffic through the village.  This would lead to a range of serious safety concerns amongst residents and undermine efforts by North Lincolnshire Council and local organisations to tackle the long-standing traffic problems in and around Ulceby.

The agent for the application welcomed the recommendation in the officer’s report to approve the development.  The agent stated that that all HGVs would access the site from the east of Ulceby, and would not drive through the village, as this would breach the weight limit.  The agent specified that there would be limited increases in traffic arising from this development, and the applicant was willing to accept any further conditions as deemed appropriate by the Committee.

Cllr Hannigan spoke on the application, praising the objector for their central role in seeking solutions to the traffic issues within Ulceby, and improving the residential amenity for local people.  Whilst Cllr Hannigan was assured that the applicant would work in accordance with conditions, he noted that the ownership of the business may change in the future, highlighting the need for enforceable limits.  As such, Cllr Hannigan asked the Committee to consider the imposition of a condition requiring HGVs to access the site from the eastern route.  Cllr Hannigan also spoke of the need to extend the current 30mph limit near to the site.

Cllr Wells stated that he was open to accept the application, but confirmed that he would wish to see additional conditions around speed limits and their funding, signage on site, access and egress routes, and information on the above to be included on all delivery notes, invoices etc.

The Development Management Lead provided advice and assistance as required, stating that many of these concerns could be dealt with via a comprehensive traffic management plan.

Resolved – That the application be approved subject to the addition of the following condition and/or subject to a S106 agreement.

PA/2023/1904 – additional condition/reason:

6.

Prior to commencement of the development hereby approved, an operational traffic management plan shall be submitted to and approved in writing by the local planning authority. The operational traffic management plan shall include, but is not limited to:

(a) a routing strategy for HGV traffic;

(b) details of signage to be displayed within the site;

(c) details of additional street lighting to be provided on the A1077 Ulceby Road up to and including the point where the relocated 30mph speed limit is to be positioned;

(d) details of an illuminated speed terminal, signage and lining to be provided, including gateway features on the A1077 Ulceby Road, to facilitate the relocation of the 30mph speed limit.

All approved works and signage shall be completed prior to the change of use commencing and the operational traffic management plan shall be implemented  ...  view the full minutes text for item 2736.

The Development Management Lead updated the Planning Committee.

A neighbouring objector addressed the Committee, highlighting concerns around overshadowing of their property as a result of this development.  The objector stated that the proposed dwelling was particularly high, and would block sunlight to several rooms within their property.  The objector requested a site visit to see the potential impact.

The applicant stated that the reason for the proposed bungalow was to enable their family to care for a parent-in-law.  The applicant stated that they had attempted to design a sympathetic scheme, and that a commissioned survey had shown that the natural light impact on the neighbouring property was minimal.

Cllr Wells stated that he had heard differing opinions on the impact of the proposal on light, so asked the committee to visit the site before taking a decision.

Resolved – (a) That a site visit be held, and the application be brought back to a future meeting of this committee for a decision to be taken, (b) that the description of the development be amended to read ‘Planning permission to erect one self-build dwelling’; and (c) that the following condition be added:

8. Prior to first occupation of the dwelling hereby permitted, a signed statement or declaration shall be submitted by the initial owner/occupier of the dwelling demonstrating that they have had primary input into its final design and layout. The dwelling shall then be first occupied by the person/persons who have submitted the signed statement or declaration for a period of not less than 3 years from the date the dwelling is first occupied in accordance with this condition.

Reason To ensure that the dwelling hereby permitted is first occupied by persons who meet the definition set out at section1(1) of the Self-build and Custom Housebuilding Act 2015.

The applicant addressed the committee, stating that the proposal would add to the local housing stock, and was in an area that could access services, in line with neighbouring properties.  The applicant stated that the development was not in open countryside, or near enclosed land or the turbary. 

The applicant stated that the proposal was intended to enable their family to support an elderly relative in ill-health, and that they have made substantial efforts to engage and agree the proposal with neighbours.  The applicant concluded that there were no concerns around flooding, environmental risk, or residential amenity, and the proposal was a prudent example of ‘in-fill’ development.

It was then moved by Councillor C Ross and seconded by Councillor C Patterson –

That planning permission be granted, subject to the inclusion of 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:

- 1011 1 of 5

- 1011 2 of 5

- 1011 3 of 5

- 1011 4 of 5

- 1011 5 of 5.

Reason

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

3.

The design of the development shall incorporate all the mitigation measures identified in the Flood Risk Assessment from Howard Wroot, dated 1 August 2024 and once implemented they shall thereafter be retained.

Reason

To reduce the potential impact of flooding in accordance with policy DS16 of the North Lincolnshire Local Plan.

4.

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.

5.

The development hereby permitted shall not be first brought into use until the existing access has been improved within the highway limits, in accordance with details which have first been submitted to and approved in writing by the local planning authority.

Reason

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

6.

The area within the visibility splays shall thereafter be kept free of all obstructions, structures, erections or vegetation exceeding a height of 0.9m in height above the level of the adjacent carriageway/footway.

Reason

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

7.

The dwelling hereby permitted shall not be first occupied/brought into use until the access, parking and manoeuvring facilities serving the dwelling have been completed in accordance with the approved plans/details.  ...  view the full minutes text for item 2738.

The agent for the applicant addressed the Committee to state that the proposal fell within the development boundary, and would be accessible and similar to other properties in the vicinity.  The agent stated that there were no concerns or objections around flooding, drainage, overlooking or overshadowing.  Ecology conditions had been agreed, and there had been substantial efforts to address and resolve previous complaints.

Cllr Ahmed, speaking on behalf of Cllr Yeadon, raised concerns around access to the proposed site.  Cllr Ahmed stated that the road was narrow, and further development could lead to problems with parking. Cllr Ahmed also stated that Orb Lane was prone to flooding, and there were other concerns around noise, ecology and the appearance and amenity of the neighbourhood.  Cllr Ahmed asked the Committee to consider undertaking a site visit.

Cllr Davison noted that the application was for outline planning permission, but acknowledged the concerns raised, stating that the Committee should have a full understanding of the proposal before any decision.

It was then moved by Councillor J Davison and seconded by Councillor C Patterson –

(a)  That a site visit be held, and the application be brought back to this committee for a future decision; and (b)  that draft conditions 21 and 22 be replaced with:

21. No development hereby permitted shall commence until a biodiversity gain plan (BGP) has been submitted to and approved in writing by the local planning authority. The BGP shall be in accordance with the Biodiversity Net Gain (BNG) Baseline Report by Crow Ecology dated 25th June 2024 and the accompanying small sites BNG metric dated 10 July 2024. Development shall then be carried out in strict accordance with the approved biodiversity gain plan.

Reason To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

22. Within three months of the commencement of development, a biodiversity enhancement plan shall be submitted for approval by the local planning authority which shall include the following:

(a) details of at least one bat brick to be installed;

(b) details of nesting sites to be installed to support house sparrows and common garden birds;

(c) details of restrictions on lighting to avoid impacts on bat roosts, bat foraging areas, bird nesting sites and sensitive habitats;

(d) provision for hedgehogs to pass through any fencing installed between gardens and between areas of grassland;

(e) proposed timings for the above works in relation to the completion of the buildings.

The development shall be carried out and subsequently maintained in accordance with the approved biodiversity enhancement plan.

Reason To conserve and enhance biodiversity in accordance with policies CS5 and CS17 of the Core Strategy.

23. The development hereby permitted shall not be first occupied or brought into use until photographs of the installed mitigation features required by condition 22 above have been submitted to and approved in writing by the local planning authority.

Reason To conserve and enhance biodiversity in accordance with policies  ...  view the full minutes text for item 2739.

Resolved – That planning permission be granted in accordance with the recommendations contained within the officer’s report.

There was no urgent business for consideration at the meeting.