Planning Committee - 1 June 2011

PRESENT: Councillor Bunyan (in the chair).

Councillors Wardle (Vice-Chair), Ali, Allcock, Armitage, Bainbridge, England, Grant, Rowson and Poole.

Councillors Briggs and Barker attended the meeting in accordance with Procedure Rule1.36 (b)

The committee met at Pittwood House, Scunthorpe.

1343 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 a personal and prejudicial interest:

The following members declared a personal interest:

The following members declared that they had been lobbied:

The following member, attending in accordance with the provisions of Procedure Rule 1.36 (b) declared that he had been lobbied:

1344 MINUTES - Resolved - That the minutes of the proceedings of the meeting held on 27 April 2011, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

1345 (66) PLANNING AND OTHER APPLICATIONS - The Head of Regeneration and Planning 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 Regeneration and Planning updated the reports orally where appropriate. Other officers attending gave advice and answered members' questions as requested.

(i) 11/0035 by Mr and Mrs P Stancer for the conversion of an existing building into a dwelling at 3 Soff Lane, Goxhill.

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

The objector stated that the dwelling would be on an industrial site. Several of the businesses on that site had 24 hour working. HGVs using the lane were a danger to pedestrians, especially children. The building should be used for industrial purposes.

The applicant stated that his business was growing. It was intended to link the dwelling and the industrial use. He had worked with planning officers to devise an acceptable scheme.

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

(ii) 11/0080 by Mrs J Sinclair, Marshland alpacas for the erection of a temporary dwelling, egg washing and packing unit and a wind turbine at Marshland Alpacas, Oxmarsh Lane, New Holland.

Resolved - That consideration of this application be deferred until a future meeting and that members visit the site prior to that meeting. The reason for the site visit is that the plan with the report is not considered adequate to assess the application.

(iii) 11/0385 by Parkside Luxury Homes Ltd for the installation of a photovoltaic field array including perimeter fencing and a plant room on land to the rear of 22 Trentside, Keadby.

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

The applicant's representative stated that the scheme would produce renewable energy. There would be no adverse impact on the ecology of the site but the scheme would have environmental benefits. The site would be screened. The proposal would comply with national policies.

The objector stated that the scheme would not provide sufficient electricity to justify the adverse impact on visual amenity and on wildlife, including deer and badgers. The proposed sheet metal fence would be unsightly.

Councillors Briggs and Barker, attending the meeting in accordance with the provisions of Procedure Rule 1.36 (b) spoke on this application.

Members were concerned that the application would have an adverse impact on visual amenity and local ecology.

Resolved - That the committee is mindful to refuse the application for reasons that will be clarified at the next meeting.

(iv) 11/0436 by Mr J Douglas for the erection of an extension to form a lounge and garage, and re-siting a conservatory to house a hot tub at 60 Wiltshire Avenue, Burton-upon-Stather.

Prior to consideration of this application an objector addressed the committee. She considered that the proposal was too large for the plot, would be detrimental to visual amenity and lead to a loss of privacy.

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

Prior to consideration of the following item (Minute 1346) Councillor Allcock, having declared a personal and prejudicial interest, left the meeting.

1346 (67) APPLICATION FOR APPROVAL OF RESERVED MATTERS FOLLOWING THE GRANT OF OUTLINE PERMISSION - 11/0390 by Mr K Philips, Shepherds Place Farm in respect of Outline Permission PA/2008/0717 dated 23/07/2008 for the erection of a detached house and garage for a farm (rare breeds manager incorporating farm office, WC and shower) at Shepherds Place, Akeferry Road, Westwoodside, Haxey - The Head of Planning submitted a report informing members about this application for approval of reserved matters which was ready for determination. Outline planning permission had already been granted and the development had therefore been agreed in principle.

Consideration was now required to the details of the siting, design, external appearance, means of access and landscaping of the developments (excluding any of these matters which were expressly approved at the time outline permission had been granted).

Resolved - That approval be granted in accordance with the recommendation contained in the report.

Councillor Allcock returned to the meeting.

1347 (68) TREE PRESERVATION ORDER (TPO) - 34 CHURCH STREET, MESSINGHAM - The Director of Infrastructure Services submitted a report asking the committee to consider whether to confirm a tree preservation order with or without modification in connection to 34 Church Street, Messingham.

Prior to consideration of this item an objector addressed the committee. He disputed that the trees had been in any imminent danger when the order was made. He had only proposed to remove the tree identified as T4 in the order. He had subsequently proposed the removal of T3 to facilitate the planting of ornamental trees.

The Director of Infrastructure Services reported that the order had been made on 1 February 2011 in connection with trees located at 34 Church Street, Messingham. The order applied to four trees in total comprising one beech and three lime trees. These trees were part of a group of five trees that formed a linear boundary feature with a conjoined canopy. The trees were in early maturity and contributed significantly to the landscape character and amenity value of that part of Messingham. Two objections to the TPO had been received, one from the owners of the land, the other from a neighbour and these were summarised in the report. The council's Tree Officer has sought to resolve the issues and negotiate a withdrawal of the objections, but without success.

The purpose of a TPO was to protect trees of significant amenity value that contributed to the area in terms of pride of place and associated environmental benefits. These trees were of this class and the owner of the land had agreed with this in part because he wished to retain at least two of the trees although in a reduced (pruned) form. Whilst it was true that the street was relatively quiet it was not practical to assess amenity value purely upon the basis of how many people might encounter the trees. They were clearly a significant feature of the street scene and contributed significantly to the character of the area. They were considered worthy of protection for this reason.

Moved by Councillor Bainbridge and seconded by Councillor Armitage -

That the order be confirmed.

Motion lost

Moved by Councillor Wardle and seconded by Councillor Rowson -

That the order is not confirmed.

Motion carried

1348 EXCLUSION OF THE PUBLIC - Resolved - That the public be excluded from the meeting for the consideration of the following items (Minutes 1349 and 1350 refer) on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 12 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

1349 (69) UNAUTHORISED SITING OF RESIDENTIAL CARAVANS FOR RESIDENTIAL PURPOSES - LAND IN MILL LANE, BRIGG - Further to Minute 1335, The Head of Regeneration and Planning submitted an update on this matter.

As requested at the earlier meeting, the police had been consulted. A meeting had been held with the local police at Brigg police station and the outcome of that meeting was summarised in the report

Resolved - (a) That the Planning Committee again defers prosecution in respect of the failure to comply with two enforcement notices on land in Mill Lane, Brigg to allow further efforts to be made in identifying suitable, alternative caravan sites for Gypsies/Travellers in the North Lincolnshire area; (b) that the matter be reviewed at an appropriate time, and (c) that the site be monitored to ensure no further material changes of use occur on the land.

Prior to consideration of the following item (Minute 1350) Councillor Poole, having declared a personal and prejudicial interest, left the meeting.

1350 (70) UPDATE ON PA/2009/0334 - ECO2 PUBLIC INQUIRY, SCAWBY BROOK - APPEAL REFERENCE REF APP/Y2003/A/10/2133721/NWF - The Head of Regeneration and Planning submitted a report updating and advising members regarding the Public Inquiry on this application and the current position of the council's case, and requesting further instructions.

Resolved - That the council does not present evidence at the public inquiry and that the council withdraws its case, if possible through the signing of a new Statement of Common Ground.