Agenda and minutes

Planning & Development Committee
Thursday, 7th June, 2018 1.00 pm

Venue: Town Hall, St Nicholas Street, Scarborough, YO11 2HG

Contact: Christine Armitage, Democratic Services Officer 

Items
No. Item

1.

Declarations of Interests pdf icon PDF 43 KB

Members are reminded of the need to consider whether they have a personal or prejudicial interest to declare in any of the items on this agenda.  If so, the nature of the interest must be declared at the start or as soon as the interest becomes apparent, of the meeting.  In addition, the attached form must be completed and passed to the Committee Administrator.  The Officers will be pleased to advise, if necessary, and any request for assistance should be made, in the first instance, to the Committee Administrator whose name appears at the end of this agenda.  Ideally, such advice should be sought before the day of the meeting so that time is available to consider any uncertainty that might arise.

Minutes:

Councillor David  Chance, declared a Personal interest in agenda item 4, Planning Application - (18/00241/FL) - Raithwaite Estate, Sandsend Road, Sandsend, Whitby since the application site was within his County Division.

Councillor Thomas W Fox, declared a Personal interest in agenda item 6, Planning Application - (18/00601/FL - The Forge Tearooms, High Street, Brompton by Sawdon since he knew the architect.

 

2.

Minutes pdf icon PDF 72 KB

To approve as a correct record and sign the Minutes of the meeting held on 10 May 2018.  (Minutes attached).

Minutes:

RESOLVED that the Minutes of the meeting held on 10 May 2018 be approved as a correct record and signed by the Chairman.

3.

Public Question Time

Public questions of which due notice has been given and which are relevant to the business of the Committee.

Minutes:

The Chairman reported that no public questions had been received.

4.

Planning Application - (18/00241/FL) - Raithwaite Estate, Sandsend Road, Sandsend, Whitby pdf icon PDF 363 KB

To consider:-

     (i)    a planning application for the erection of 71 cottages, 82 apartments and 37 lodges for holiday use, new restaurant, cafe and shop. Provision of additional car parking, roads and an extension to the footpath network including landscaping and ancillary works for Yorkshire Ventures (Estates) Ltd; and

     (ii)   a report of the Planning Services Manager (Reference 18/120) attached.

 

View Plans and Documents

 

Minutes:

The Committee considered:-

(i)     a planning application for the erection of 71 cottages, 82 apartments and 37 lodges for holiday use, new restaurant, cafe and shop. Provision of additional car parking, roads and an extension to the footpath network including landscaping and ancillary works for Yorkshire Ventures (Estates) Ltd; and

(ii)    a report of the Planning Services Manager (Reference 18/120)

Updating the report the Planning Officer reported that responses had been received from the Council’s Ecologist and the Yorkshire Wildlife Trust.  Their comments indicated that whilst they welcomed the approach by the applicants to improve the bio-diversity of the site including plans for the creation and management of sites for a wide variety of flora and fauna and the removal of plans to site lodges within the woodland, they remained concerned over the scale and size of the development on an ecologically sensitive site, the indirect impact on the ecology of the area and impacts on other sites, for example Upgang Beck and Sandsend Cliff nature conservation.  The ecologists felt that understanding of the ancient trees was limited and buffer zones were required for the areas of ancient woodland. The SINC (Site of Importance for Nature Conservation) was poor and would require a new survey.  The Planning Officer advised that the above matters could be covered by condition.   Concerns were expressed over informal access routes impacting on the ancient woodland.  The Planning Officer reported that officers had considered this and felt that the topography of site was not amenable to informal routes opening up due to the inaccessibility of the steep sloping valley.  However a condition should be added to ensure reasonable measures are put in place to protect the site, including monitoring.  Yorkshire Wildlife Trust suggested that conditions be imposed regarding light spillage, creation and implementation of an enforceable ecological management plan, grassland and gorse management plan to create a mosaic effect, visitor access and management strategy and overall ecological monitoring of the site, including bat surveys. The ecologists recommended not to approve the application because of their concerns regarding bio-diversity, but if the application was successful then relevant conditions should be added.   The Planning Officer advised that most of their concerns were already covered in the conditions.

The Environment Agency had withdrawn their objections to the flood risk on the basis of the revised flood risk assessment.  They maintained their objection to the disposal of foul water, as the connection to the public foul sewers had not been fully investigated.  Of the two options, either to upgrade the current foul water disposal to the sea or connect to the public sewer the Environment Agency preferred the latter option to preserve the quality of the bathing water in Sandsend. The Environment Agency asked that a decision be withheld until further investigations had taken place.  The Planning Officer advised that a ‘Grampian Condition’ be imposed which meant that development could not take place until the public connection to the sewer had been resolved to the satisfaction of both Yorkshire  ...  view the full minutes text for item 4.

5.

Planning Application - (18/00505/OL) - Land Adjacent to 38 Limestone Road Burniston, Scarborough pdf icon PDF 226 KB

To consider:-

     (i)    a planning application for Outline planning application for residential development (access to be considered) for Gascoignes Group Limited; and

     (ii)   a report of the Planning Services Manager (Reference 18/116) attached.

 

View Plans and Documents

 

Minutes:

The Committee considered:-

(i)     a planning application for Outline planning application for residential development (access to be considered) for Gascoines Group Limited; and

(ii)   a report of the Planning Services Manager (Reference 18/116)

In accordance with the Council’s Public Speaking Scheme Mr M Mortonson spoke in favour of the scheme, Mrs Michelle Squires spoke against the scheme and Ward Councillor A Backhouse spoke against the scheme particularly in terms of flood risk and loss of views to the countryside.

In response to members questions on comments from consultees, the Planning Officer confirmed that no comments had been received from the Ecologist and Tree Officer but the Education Authority had responded to request a commuted sum.  The pond referred to by the objector is outside the applicant’s control therefore conditions could not be imposed as to its management.  The application was as set out in the report and referred to the higher part of the land.

The officer’s recommendation was moved and seconded with an additional condition regarding the water attenuation scheme,  but on being put to the vote was lost.

On a point of order the Solicitor advised that a motion to either refuse or defer should now be put.  The motion to refuse was moved and seconded.

RESOLVED that the application be REFUSED  for the following reason:-

Policy ENV3 of the Scarborough Borough Local Plan states that proposals will be expected to mitigate against the implications of environmental risk. The applicant's submission fails to demonstrate to the satisfaction of the Local Planning Authority that the site can be satisfactorily drained of surface water and/ or that the development will not put land and property elsewhere at risk of surface water flooding. With this in mind, the proposal is contrary to policy ENV3 of the Local Plan and is unacceptable on its planning merits.

 

6.

Planning Application - (18/00601/FL - The Forge Tearooms, High Street, Brompton by Sawdon pdf icon PDF 221 KB

To consider

     (i)    a planning application for conversion of existing building to form 2 no. dwellings and the erection of 5 no. dwellings with associated garages and car ports for Ms K Mills; and

     (ii)   a report of the Planning Services Manager (Reference 18/119) attached.

 

View Plans and Documents

 

Minutes:

The Committee considered:-

(i)        a planning application for conversion of existing building to form 2 no. dwellings and the erection of 5 no. dwellings with associated garages and car ports for Ms K Mills; and

(ii)       a report of the Planning Services Manager (Reference 18/119).

In accordance with the Council’s Public Speaking Scheme Mr A Doughty spoke in favour of the scheme.  Ward Councillor David Jeffels spoke against the scheme particularly in relation to the design of the scheme and the impact of the terraced housing on the conservation area.

Members asked for clarification on the potential loss of sunlight from the terraced houses.  The Planning Office advised it was not possible to state this in number of hours as it would vary with the time of the year.  The surrounding trees already cast a shadow and the houses wouldn’t be as high as the trees.

RESOLVED that permission be GRANTED subject to the applicants first undertaking the archaeological investigation work recommended by the County Archaeologist and his confirmation that he is satisfied by the results and the conditions set out in the report.

 

7.

Planning Application - (18/01082/HS) - 5 Paddock Close, East Ayton, Scarborough pdf icon PDF 174 KB

To consider:-

(i)    a planning application for Proposed garden workshop for Mr S Bastiman; and

(ii)   a report of the Planning Services Manager (Reference 18/112) attached;

 

View Plans and Documents

 

Minutes:

The Committee considered:-

(i)        a planning application for Proposed garden workshop for Mr S Bastiman; and

(ii)       a report of the Planning Services Manager (Reference 18/112).

Updating the report the Planning Officer noted a correction in paragraph 1.5 of the report where it refers to the applicant being related to a member of staff, it should read related to a Councillor.

RESOLVED that permission be GRANTED subject to the conditions set out in the report.

8.

Planning Appeals pdf icon PDF 59 KB

To consider a report by the Planning Services Manager (Reference 18/118 attached).

 

 

Minutes:

The Committee considered a report of the Planning Services Manager (Reference 18/118) which advised on current planning appeals which have been lodged against decisions of the Council.

The Planning Officer reported that appeal reference APENF/00016/17 regarding an enforcement notice on 4 Raft Yard, Spital Bridge, Whitby had been determined.  The appeal had been dismissed.

RESOLVED that that the report be received and progress with current appeals and recent appeal decisions be noted.