Agenda and minutes

Planning & Development Committee
Thursday, 4th October, 2018 1.00 pm

Venue: Council Chamber, 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 Neil Price, declared a Personal interest in agenda item 7, Planning Application - (18/01330/FL) - The Parade, Moor Road, Filey since he lived very close to the site.

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2.

Minutes pdf icon PDF 58 KB

To approve as a correct record and sign the Minutes of the meeting held on 6 September 2018.  (Minutes attached).

Minutes:

RESOLVED that the Minutes of the meeting held on 6 September 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 - (18/01504/FL) - Site at Church Cliff Drive, Filey pdf icon PDF 157 KB

To consider:-

     i)     a planning application for construction of drainage bund, for McCarthy And Stone Retirement Lifestyles Ltd; and

     ii)    a report of the Planning Services Manager (Reference 18/176 attached).

 

View Plans and Documents

 

Minutes:

The Committee considered:-

i)    a planning application for construction of drainage bund, for McCarthy And Stone Retirement Lifestyles Ltd; and

ii)  a report of the Planning Services Manager (Reference 18/176).

Updating the report the Planning Officer confirmed that comments had been received from Scarborough Borough Council’s  (SBC) drainage engineers regarding the widths and angles of the bund should the Borough Council maintain the structure.  However SBC drainage engineers are not required to maintain the bund, it is on private land and would be the responsibility of the landowners and developers. The SBC drainage engineers agreed with the comments of the Local Lead Flood Authority requirements and also recommended that a condition be added in respect of the specification of the materials to be used in the construction of the bund, this was to ensure the bund would remain water tight and safeguard against erosion.

In accordance with the Council’s Public Speaking Scheme Mr J Mook (Neighbour) and Filey Town Councillor Mr K Wilkie both spoke against the scheme.

A member asked for clarification on why the percentage capacity of the bund for climate change wasn’t specified in Condition 2 of the report.  The Planning Officer advised that this was information required by condition and that the advice of the LLFA would be taken prior to construction of the bund.  Members could ask for the percentage to be specified but were advised that the percentage allowance for climate change could change in the future, prior to construction of the bund and not specifying the percentage in the condition gave flexibility to accommodate such changes.  If the LLFA considered the bund would not meet the capacity requirements then the planning condition would not be discharged.  The standard was not set at 1 in 200 year storm because this was not required by planning policy.

This item was being considered prior to the planning application for the retirement development because there was a recommendation for a condition on that application that the bund be constructed prior to any other development and therefore a decision on this application was required before considering the application for the housing development.

RESOLVED that permission be GRANTED subject to the conditions set out in the report and a condition be added that the specification and materials used in the construction of the bund are in accordance with the recommendations of the Scarborough Borough Council’s drainage engineers.

 

5.

Planning Application - (17/02734/FL) - Site at Church Cliff Drive, Filey pdf icon PDF 247 KB

To consider:-

     i)     a planning application for development of retirement living apartments and lifestyle living bungalows for McCarthy And Stone Retirement Lifestyles Ltd; and

     ii)    a report of the Planning Services Manager (Reference 18/215 attached).

 

View Plans and Documents

 

Minutes:

The Committee considered:-

i)       a planning application for development of retirement living apartments and lifestyle living bungalows for McCarthy And Stone Retirement Lifestyles Ltd; and

ii)     a report of the Planning Services Manager (Reference 18/215).

Updating the report the Planning Officer reported that the applicant must agree to any pre-commencement conditions that the Committee wished to impose and the applicant had agreed to the pre-commencement conditions as set out in the report.  Comments had been received from Scarborough Borough Council’s Engineers that they expected the bund to be constructed before any development takes place as per Condition 16 in the report, they concurred with the Local Lead Flood Authority’s comments and asked about access to the site to construct the bund.  In respect of access this was not a planning consideration and would be a matter for the landowner.  However, as illustrated on the slides, the existing farm track would remain which would provide access to the adjoining land. 

 In accordance with the Council’s Public Speaking Scheme Mr A Mangham (Agent) spoke in favour of the scheme and Mr J Mook (Neighbour) and Filey Town Councillor Mr K Wilkie both spoke against the scheme.  Ward Councillor M Cockerill raised various concerns including that it was against the Local Plan, some of the site was affected by flooding, the development would have a serious effect on the demographic of Filey and placed a greater burden on medical and social services.

In response to Members’ questions the Planning Officer advised that there was not a requirement for a financial contribution to medical facilities as the CCG had not requested any additional funds.  The vehicle parking at paragraph 4.2 of the report had not been changed because the development was a gated scheme with private, non-adopted roads and  no access by the general public, which allowed for a more flexible approach than on adopted highways.  The roads on the site were short and in a cul-de-sac.  Vehicles speeds were expected to be low and it was little different than parking on the car park for the flats.  The 30 dwellings per hectare referred to in the local plan was indicative only.  The 59 dwellings proposed fitted comfortably into the site. The site was not suitable for on-site affordable housing because of the configuration of the flats and small number of bungalows. Housing for elderly people was encouraged in policy HC5 of the Local Plan.  In respect of the £300k contribution towards affordable housing, this was the maximum amount that could be achieved whilst maintaining the viability of the scheme.

RESOLVED that permission be GRANTED subject to the conditions set out in the report and completion of the S106 Agreement.

 

 

6.

Planing Application - (18/00864/FL) - Land at Southfield Farm, Main Street, Flixton pdf icon PDF 160 KB

To consider:-

       i)   a planning application for creation of wildlife reserve, for Mr Corrigan and Mr Low; and

       ii)  a report of the Planning Services Manager (Reference 18/184 attached).

 

View Plans and Documents

 

Minutes:

The Committee considered:-

i)       a planning application for creation of wildlife reserve, for Mr Corrigan and Mr Low; and

ii)     a report of the Planning Services Manager (Reference 18/184).

In accordance with the Council’s Public Scheme Mr D Barker (Agent) spoke in favour of the scheme.

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

 

7.

Planning Application - (18/01330/FL) - The Parade, Moor Road, Filey pdf icon PDF 287 KB

To consider:-

       i)   a planning application for development of 75 holiday homes with associated landscaping for Essential Vivendi Ltd; and

       ii)  a report of the Planning Services Manager (Reference 18/229 attached).

 

View Plans and Documents

 

Additional documents:

Minutes:

The Committee considered:-

       i)   a planning application for development of 75 holiday homes with associated landscaping for Essential Vivendi Ltd; and

       ii)  a report of the Planning Services Manager (Reference 18/229).

Updating the report the Planning Officer reported that the comments of the Local Lead Flood Authority (LLFA) had been received.  The LLFA require further information regarding surface water drainage.  Information received from the applicant indicates that they intend to drain the surface water into the ponds on the site and that this would raise the capacity of the ponds by 70mm, which would include a 1 in 100 year storm and an allowance for climate change.  As a result the Planning Officer advised no consent should be given until the LLFA were satisfied regarding the drainage proposals.  A further 7 letters of objection to the proposals had been received from holiday guests at the Bay expressing their objection to the recommendations and that in view of the current low occupancy of the site, further development would not contribute to the local economy.

In accordance with the Council’s Public Speaking Scheme, Mr D Barker (Agent) spoke in favour of the scheme and Mr N Clarke spoke against the scheme.

The Planning Officer clarified that the Great Crested Newts in The Bay would not be relocated to the site at Flixton, but the existing colony at Flixton would benefit from the scheme.

Councillor N Price declared a personal, non-prejudicial interests in this item since he lived close to the site.

Members noted that residents on the site were prevented from objecting to on-site development due to a clause in their lease.  The Planning Officer advised that even if residents could not comment, the Committee still had a duty to consider the impact of the development on their amenities and a member noted that this application was not on the original site.  Members were also concerned about the emergency access being used as an alternative access to the site.  The Planning Officer advised that the track would be covered by CCTV, had a gate, was unsurfaced and the direct access off the A165 was more convenient and a deterrent to using the track. The applicant had agreed to the pre-commencement conditions proposed.

The application was moved and seconded in support of the application.  On being put to the vote there was 7 members in favour and 7 against.  On the Chairman’s casting vote the application was approved.

RESOLVED that permission be GRANTED subject  to the completion of a S106 agreement obligating the applicant to provide the ecological habitat on land near Flixton and maintained in perpetuity before any development commences (application reference 18/00864/FL), and the applicant providing information requested by the LLFA regarding surface water drainage and the LLFA confirming that they were satisfied with the surface water drainage proposals. 

 

 

8.

Planning Application - (18/01379/FL) - Flower of May Holiday Park, Lebberston, Filey pdf icon PDF 234 KB

To consider:-

       i)   a planning application for change of use of existing land to allow additional new static caravans, construction of access roads, caravan bases and surface water detention lake, for Flower Of May Holiday Park; and

       ii)  a report of the Planning Services Manager (Reference 18/213 attached).

 

View Plans and Documents

 

Minutes:

The Committee considered:--

     i)     a planning application for change of use of existing land to allow additional new static caravans, construction of access roads, caravan bases and surface water detention lake, for Flower Of May Holiday Park; and

     ii)    a report of the Planning Services Manager (Reference 18/213).

Updating the report the Planning Officer reported that the applicant had submitted a draft S106 agreement that would ensure that the addition of caravans on the Flower of May site would only take place after the full clearance of the Beach View site.

In accordance with the Council’s Public Speaking Scheme Mr C Calvert (Agent) spoke in favour of the scheme.

Members were concerned about the poor condition of the Beach View Caravan Site and asked for clarification that they didn’t have to approve this application for the Flower of May to ensure the improvement of the Beach View site.  The Planning Officer advised that there was other legislation which could require the tidying up of the site.  The removal of the Beach View caravans had already been agreed in a previous planning permission but the applicant had submitted this revised scheme for the Flower of May which included the clearance of the Beach View site prior to any development on the Flower of May site.

Members expressed concern about drainage of the site and the Planning Officer confirmed that a drainage plan had been submitted.

RESOLVED that permission be GRANTED subject to the conditions set out in the report and the following conditions which were tabled at the meeting:-

1.         Plans clarification.

2.         Submission and approval of detailed landscaping scheme

3.         Provision of footway/cycleway link prior to development being brought into use.

4.         Provision of pedestrian entrance from  Stonepit Lane

5.         Details of crime prevention measures.

6.         Implementation of recommendations within ecology report.

7.         Details and implementation of surface water drainage scheme.

8.         Seasonal operating restriction to accord with the remainder of the park.

 

 

9.

Planning Application - (18/01587/FL) - 454 Scalby Road, Scalby, Scarborough pdf icon PDF 191 KB

To consider:-

       i)   a planning application for erection of ten unit apartment block with associated parking and soft landscaping for Fernhill Developments Ltd; and

       ii)  a report of the Planning Services Manager (Reference 18/228 attached).

 

View Plans and Documents

 

Minutes:

The Committee  consideredr:-

     i)     a planning application for erection of ten unit apartment block with associated parking and soft landscaping for Fernhill Developments Ltd; and

     ii)    a report of the Planning Services Manager (Reference 18/228).

In accordance with the Council’s Public Speaking Scheme, Mr T Calvert (Agent) spoke in favour of the scheme.

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

 

10.

Planning Application - (18/01739/FL) - Whitby Hospital, Spring Hill, Whitby pdf icon PDF 244 KB

To consider:-

       i)   a planning application for reconfiguration of existing hospital site, including refurbishment of existing tower block and erection of 2 storey extension along with revised pedestrian access and car parking arrangements, hard and soft landscaping and demolition of remaining low-rise buildings, for Bam Construction Ltd; and

       ii)  a report of the Planning Services Manager (Reference 18/212 attached).

 

View Plans and Documents

Minutes:

The Committee considered:-

     i)     a planning application for reconfiguration of existing hospital site, including refurbishment of existing tower block and erection of 2 storey extension along with revised pedestrian access and car parking arrangements, hard and soft landscaping and demolition of remaining low-rise buildings, for Bam Construction Ltd; and

     ii)    a report of the Planning Services Manager (Reference 18/212).

Updating the report the Planning Officer reported the Highway Authority had no objections in principle to the scheme and no objections to the level of the parking demand as referred to in the transport scheme.  The Highway Authority proposed conditions in respect of  providing details of private access relating to constructions requirements, provision of a  construction plan, a travel plan and construction of a new footway on Springhill Terrace. The Highway Authority’s reason for proposing a new footway from Springhill Terrace was because the entrance to the hospital would be further into the site and there was no good walking route from the Town Centre.  As the Highway Authority’s comments had only recently been received there was no plan illustrating the route recommended by the Highway Authority.   In considering the implications of a new footway it was noted that a wall adjoined the carriageway on Springhill Terrace with no footway and only a narrow footway opposite.  There were additional planning considerations such as the low stone wall and trees.  Planning Officers had identified a possible  alternative route behind the wall,  which would retain the wall and provide a clear pedestrian route to the hospital entrance.  The Planning Officer recommended that the application be approved with conditions relating to provision of a plan regarding the pedestrian route, delegated authority be given in relation to the  pedestrian route and conditions relating to highways, the ecology report and the mounting of the war memorial which is to be re-positioned within the site.

In accordance with the Council’s Public Speaking Scheme Mr R Dibden (Agent) spoke in favour of the scheme.

Members were concerned for public safety across the pedestrian route and would like the police to be consulted to ensure that the route was safe at night.

RESOLVED that permission be GRANTED subject to the conditions set out in the report, a condition relating to the ecology  report, including the provision of bat and swift boxes, agree any pre-commencement conditions, highway conditions, agree the mounting of the war memorial closer to the new entrance and delegated authority, in consultation with the Chair and Vice-Chair,  to agree plans for the provision of a new footway route with the addition of any relevant conditions.

 

11.

Planning Application - (18/01664/4RG) - South Bay Beach, Foreshore Road, Scarborough pdf icon PDF 165 KB

To consider:-

     i)     a planning application for Variation of Condition 1 relating to 14/01050/RG4 dated 22.07.2014, to allow continued seasonal siting of platform for children's rides, for Alex  Willgrass; and

     ii)    a report of the Planning Services Manager (Reference 18/211 attached).

 

View Plans and Documents

 

Minutes:

The Committee considered:-

     i)     a planning application for Variation of Condition 1 relating to 14/01050/RG4 dated 22.07.2014, to allow continued seasonal siting of platform for children's rides, for Alex  Willgrass; and

     ii)    a report of the Planning Services Manager (Reference 18/211).

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

 

12.

Tree Preservation Order - (18/00002/TPO) - 5 Northgate Hunmanby pdf icon PDF 67 KB

To consider:-

     i)     Confirmation of Tree Preservation Order at 5 Northgate, Hunmanby; and

     ii)    a report of the Planning Services Manager (Reference 18/210 attached).

 

The plan is attached to the report.

Additional documents:

Minutes:

The Committee considered a report of the Planning Services Manager (Reference 18/210) regarding confirmation of a Tree Preservation Order with modifications for 1 no. Beech tree at 5 Northgate, Hunmanby.

RESOLVED that the Tree Preservation Order 18/00002/TPO be confirmed with modifications.

Members’ Reasons: To protect the tree identified as T3 (Beech) on the plan attached to the report  within the Hunmanby Conservation Area, which is in good health and makes a valuable contribution to the visual appearance and character of the Conservation Area in which it is located.

13.

Planning Appeals pdf icon PDF 136 KB

To consider a report by the Planning Services Manager (Reference 18/214 attached).

Minutes:

The Committee considered a report of the Planning Services Manager (Reference 18/214) in respect of current appeals which have been lodged against decisions of the Council.  There were no updates to the report.

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