Agenda and draft minutes

Planning & Development Committee
Thursday, 11th April, 2019 1.00 pm

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 disclosable pecuniary, prejudicial or other (personal) interest to declare in any items on this agenda.  Details of any interest must be declared at the start of the meeting or as soon as any interest becomes apparent during the meeting. The attached form must also be completed. Any advice required should ideally be sought before the day of the meeting.

Minutes:

Cllr Andrew Jenkinson declared a personal and non-prejudicial interest in agenda item 4 (Planning Application 19/00109/FL, Land at Lady Edith’s Drive, Scarborough as he lived a short distance away from Lady Edith’s Drive.

 

Cllr Phil Trumper declared a personal and prejudicial interest in agenda item 12 (Planning Application 18/01782/RM, 69 Carr Hill Lane, Briggswath, Whitby. He left the room during the discussion and vote and took no part in either.

 

2.

Minutes pdf icon PDF 55 KB

To approve as a correct record and sign the Minutes of the meeting held on 7 March 2019. (Minutes attached). 

Minutes:

RESOLVED - that the minutes of the meeting held on 7 March 2019 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:

There were no public questions. 

4.

PLANNING APPLICATION 19/00109/FL - LAND AT LADY EDITHS DRIVE, SCARBOROUGH pdf icon PDF 242 KB

To consider:-

i.

an application for erection of 49 dwellings and associated infrastructure, open space and landscaping for Yorkshire Housing and Space Homes; and

ii.

a report of the Planning Services Manager (Reference 19/92) attached.

View Plans and Documents

Minutes:

The Committee considered:

i. a planning application for erection of 49 dwellings and associated infrastructure, open space and landscaping for Yorkshire Housing and Space Homes; and

ii. a report of the Planning Services Manager (Reference 19/92).

 

The Planning Officer outlined a presentational summary of the detailed report.

 

He reported that since publication of the report, which made reference to affordable housing provision to form 37% of the proposed scheme build, the applicant had requested to reduce this to 30% (15 units). This still met acceptable thresholds within the Council’s relevant policies and had been endorsed by the Council’s housing section. He also added that the proposed footpath was no longer needed so this would safeguard more trees.

 

The Planning Officer advocated two additional conditions. Fencing should be installed on the public-facing side of the proposed scheme to prevent parking and also electric vehicle charging points should be installed for each dwelling.

 

Under the Council’s Public Speaking Scheme, Stephen Hughes (applicant) spoke in favour of the application and Brian Bennett (resident) spoke in objection.

 

Some members noted that housing was needed and that the proposed development would provide a healthy mix of good planned housing meeting relevant requirements notwithstanding some proximity to existing properties.

 

Some members recognised that the site was allocated for necessary housing but felt that the proposed development was less attractive, and not in keeping with, the local area. Fencing was needed as a ‘buffer’. They agreed that affordable housing was needed but only as part of balanced development. They were concerned that the proposal did not offer high quality housing and was too high density. The removal of one proposed property could create more space and save two trees. Maintaining and enhancing the green environment would be welcome especially planting new trees. Whether the drainage could cope with levels of surface water was queried. Members noted that a busy road (A17) was nearby so suggested traffic calming measures.

 

The Planning Officer advised that the Highways Authority had proposed conditions for any permission given but had not commented on any impacts relating to the wider geographical area requiring traffic management. 

 

He advised that the proximity of the proposed development to existing properties was around 30metres which fell within acceptable thresholds of over 21m. Red material (roofing and bricks) were proposed to complement existing traditional builds. 

 

The Planning Officer advised that statutory consultees on flooding and drainage matters were content with the proposals.

 

 

RESOLVED that permission be GRANTED subject to:

a)    the conditions set out in the report and the affordable housing provision requirement be revised to 30% of the development; and

b)    conditions be added that boundary fencing should be installed on the public-facing side of the development to prevent parking and electric vehicle charging points should be installed for each dwelling.

 

 

5.

PLANNING APPLICATION 18/02941/RM - LAND ON THE NORTH WEST SIDE OF RACECOURSE ROAD, EAST AYTON pdf icon PDF 201 KB

To consider:-

i.

an application for approval of scale and appearance in relation to residential development of 96 dwellings approved under decision reference 17/02645/OL for KCS Development Ltd; and

ii.

a report of the Planning Services Manager (Reference 19/93) attached.

View Plans and Documents

Minutes:

The Committee considered:

i. a reserved matters application for approval of the scale and appearance in relation to residential development of 96 dwellings approved under Decision Reference 17/02645/OL at Land on the North West Side of Racecourse Road, East Ayton, Scarborough for KCS Development Limited; and

ii. a report of the Planning Services Manager (Reference 19/93).

 

The Planning Officer outlined a presentational summary of the detailed report. He explained that outline permission had been given and design matters were now being considered. He added that two late objections were contained within the report but had raised no new issues. The section 106 agreement was being confirmed.

 

Under the Council’s Public Speaking Scheme, Gen Kennington (agent) spoke in favour of the application. She explained that a slight error existed in the report with reference to the drawing plan but a correct version had been sent. The Planning Officer confirmed that details would be updated but outline approval had already been given.

 

Some members noted that the proposed housing contained numerous types which made for a slightly varied appearance. However, on the whole members felt that there was good design.  

 

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

 

 

6.

PLANNING APPLICATION 19/00355/RG4 - LAND TO THE SOUTH OF SCALBY MANOR, BURNISTON ROAD, NEWBY pdf icon PDF 224 KB

To consider:-

i.

a planning application for erection of a five bedroom two-storey holiday home for The Bradley Lowery Foundation; and

ii.

a report of the Planning Services Manager (Reference 19/83) attached.

View Plans and Documents

Minutes:

The Committee considered:

i. a planning application for erection of a five bedroom two storey holiday home for the Bradley Lowery Foundation; and

ii. a report of the Planning Services Manager (Reference 19/83).

 

The Planning Officer outlined a presentational summary of the detailed report. He explained that departure from the Local Plan - the application being for a new dwelling house outside of the defined Development Limits - was justified in respect of the specific functional and locational needs of the users of the facility (children with life-threatening, shortening or compromising medical conditions), the lack of suitable alternative sites or buildings inside the Development Limits capable of meeting those needs, and that the social benefits (material planning consideration) and environmentally sustainable design outweighed the negative impacts of departing from the Plan.

 

Members referred to the quality of sustainable design and valuable social benefits outweighing the departure from the Local Plan. They felt that the development would be a significant local asset for children and their families.

 

Members queried whether disabled-friendly fire-escape routes had been provided and whether provision could be made for continuing with the proposed holiday home even if there was a change of owner in the future. Officers confirmed that appropriate disabled-friendly routes had been incorporated and that, subject to having charitable status, conditions could be varied to incorporate a change in future ownership.

 

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

7.

PLANNING APPLICATION 18/02680/3RG - FIELD AT GRID REFERENCE 502042 484172 TO NORTH OF B1261 BETWEEN SEAMER AND CROSSGATES, SCARBOROUGH pdf icon PDF 196 KB

To consider:-

i.

an application for removal of Condition 1 relating to 15/02638/RG3, to allow for continuing use for a maximum period of up to 14 continuous days per annum of land to accommodate travellers for Scarborough Borough Council; and

ii.

a report of the Planning Services Manager (Reference 19/81) attached.

View Plans and Documents

Minutes:

The Committee considered:

i. an application for removal of Condition 1 relating to 15/02638/RG3, to allow for continuing use for a maximum period of up to 14 continuous days per annum of land to accommodate travellers for Scarborough Borough Council; and

ii. a report of the Planning Services Manager (Reference 19/81).

 

The Planning Officer outlined a presentational summary of the detailed report.

 

He reported that the annual horse fair event had been held on the site for nine years. This had been through temporary permissions of three year durations allowing continuous use of the site for up to 14 days each year with overnight stays limited to three consecutive nights. Generally the annual event ran without any significant issues and usage was less than half the permitted level. The main consideration, and voiced by an objector, was the impact on residential amenity although there was a good distance (60 metres) between the site boundary and closest neighbours. Alongside this, the objector had queried the number of permitted days and whether alternative sites existed.

 

The Planning Officer proposed revising the three year duration of permissions to be changed to allowing the event to be held on an annual rolling basis until the Council decided otherwise. This meant that the same application did not need to be repeated every three years but the Council would still retain the option to cease permission thereby offering a more efficient process. The Council had considerable control as the landowner and planning authority.

 

Under the Council’s Public Speaking Scheme, Mr Ingham (resident) spoke in objection of the application.

 

 

Members recognised the benefits of a rolling permission kept under review as being more flexible and appropriate than continually considering permissions every three years. They queried whether the number of days could be reduced. Members noted that behavioural issues, as stated by the objector, were not a planning consideration but for anti-social behaviour (ASB) agencies. Nevertheless reassurance could be given to residents that ASB issues would be controlled appropriately by relevant agencies.

 

Officers explained that the planning application only requested changing the three year permission duration to a rolling duration. The application did not request a change in any of the other existing conditions so it would not be legally allowable to change the number of days without an application requesting this.

 

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

.

 

 

8.

PLANNING APPLICATION 18/02755/FL - REAR OF 31-35 THE GREEN, SCALBY pdf icon PDF 201 KB

To consider:-

i.

a planning application for erection of detached bungalow and garage, for Mr Paul Blackham; and

ii.

a report of the Planning Services Manager (Reference 19/45) attached.

View Plans and Documents

Minutes:

The Committee considered:

i. a planning application for erection of a detached bungalow and garage, for Mr Paul Blackham; and

ii. a report of the Planning Services Manager (Reference 19/45).

 

The Planning Officer outlined a presentational summary of the detailed report.

 

He explained that the site involved was relatively small so careful consideration needed to be given to ensuring that its appearance was not crammed impacting on other residents’ amenities. Provision of green space was also important to ensure attractive aspects. Relatively the proposed development would be more attractive than some nearby features.

 

The Planning Officer added that one additional condition was proposed to install an electric vehicle charging point at the dwelling.

 

Members noted that the actual location was within Newby (not Scalby as referred to in the report). They were impressed with the proposal which would be a significant improvement on surrounding features.

 

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

 

9.

PLANNING APPLICATION 18/01053/FL - LAND TO THE NORTH OF JACKSON CLOSE, CAYTON pdf icon PDF 245 KB

To consider:-

i.

a planning application for the erection of 64 residential dwellings including associated access, landscaping, open space, parking and infrastructure for Persimmon Homes Yorkshire; and

ii.

a report of the Planning Services Manager (Reference 19/97) attached.

View Plans and Documents

Minutes:

The Committee considered:

i. planning application for the erection of 64 residential dwellings including associated access, landscaping, open space, parking and infrastructure for Persimmon Homes Yorkshire; and

ii. a report of the Planning Services Manager (Reference 19/97).

 

The Planning Officer outlined a presentational summary of the detailed report.

 

He reported that the application had taken some time in order to introduce amendments to enhance the proposed development. Sixty-four properties were proposed, including two areas of open space, of which ten units would be for affordable housing.  Additional conditions related to the design of a substation and provision of electrical charging points for each house.

 

Under the Council’s Public Speaking Scheme, Craig Woolmer (representing the applicant, Persimmon Homes Yorkshire) spoke in favour of the application and Brian Bennett (resident) spoke in objection.

 

Some members suggested that the existing speed limit of 40 miles per hour might be safer for people if reduced to 30mph given that 64 properties would generate an increased population. The road terrain to Osgodby involved some sharp bends and one fatal accident had occurred sometime in the past.

 

Some members referred to a sizable percentage of expensive properties proposed against a modest number of affordable housing units. Existing local properties included bungalows with good-sized gardens but the proposed development offered houses with smaller-sized gardens; the character of the village could be lost. Some members did feel that housing was needed and that Cayton had evolved to accommodate more people.

 

Some members relayed concerns over whether the sewage system could cope with the increased number of properties and people given that sewer works remained outstanding to prevent overflows. Alongside this, concerns were expressed about risks of flooding. The area had incurred significant flooding several years previously and risks had been highlighted in a report.

 

The Planning Officer advised that proposed drainage and attenuation would alleviate sewerage and flooding risks. Furthermore, due consideration needed to be given to the opinion of the statutory lead flood authority, North Yorkshire County Council, which had not raised any objections. The Highways Authority had also been consulted concerning road safety and appropriate speed limits.

 

Members proposed deferring a decision on the application in order to obtain further information from relevant authorities concerning potential impacts and mitigations for road safety, flooding risk and capacity of the sewage system.

 

RESOLVED that a decision on the application be DEFERRED to obtain further evidence from relevant authorities concerning potential impacts and mitigations for road safety, flooding risk and capacity of the sewage system.

 

10.

PLANNING APPLICATION 18/03071/FL - WYKEHAM LAKES, LONG CAUSEWAY ROAD, WYKEHAM pdf icon PDF 313 KB

To consider:-

i.

a planning application for expansion of existing water sport facilities for Dawnay Estates; and

ii.

a report of the Planning Services Manager (Reference 19/103) attached.

View Plans and Documents

Minutes:

The Committee considered:

i. a planning application for expansion of existing water sport facilities for Dawnay Estates; and

ii. a report of the Planning Services Manager (Reference 19/103).

 

The Planning Officer outlined a presentational summary of the detailed report.

 

He explained that the proposed expansion including use of inflatable water-course, wakeboarding lines, a café and other new buildings and access tracks. The Environmental Health Officer had no objection regarding the impact of noise on residents subject to noise and time limit conditions. The impact on drinking water also required detailed consideration, but conditions were now proposed to address this point. The Council Ecologist did not object concerning summer bird populations but careful consideration had to be given to their vulnerability in winter seasons so appropriate mitigations were proposed. Condition 9 was recommended to be amended to refer to drinking water and extra conditions were recommended relating to noise limits, the car park surface to be gravel and drinking water arrangements.

 

The Planning Officer added West Ayton Parish Council had been consulted late so it was proposed that the Committee’s decision be delegated to officers (in consultation with the Chair/Vice Chair to consider any comments received from the Parish Council.

 

Under the Council’s Public Speaking Scheme, Ms Edwardson (agent for the applicant, Dawnay Estates) spoke in favour of the application.

 

Some members noted that the existing water sports facility was an impressive and successful tourist attraction which could benefit from the proposed expansion for good quality, all-year water sports. There were concerns on the impact on birds in relation to the proposed opening times. It was suggested that the impact of the expansion should be monitored.

 

The Planning Officer acknowledged that birds could be at risk, but the ecological advice was that subject to the conditions in the report this could be managed.

 

RESOLVED that permission be GRANTED subject to the conditions set out in the report, and as amended by the Planning Officer at the meeting

11.

PLANNING APPLICATION 19/00373/LB - BATTERY PARADE SLIPWAY, WEST PIER, PIER ROAD, WHITBY pdf icon PDF 155 KB

To consider:-

i.

a planning application for the construction of a deflector wall for Scarborough Borough Council; and

ii.

a report of the Planning Services Manager (Reference 19/98) attached.

View Plans and Documents

Minutes:

The Committee considered:

i. a planning application for the construction of a deflector wall for Scarborough Borough Council ; and

ii. a report of the Planning Services Manager (Reference 19/98).

 

The Planning Officer outlined a presentational summary of the detailed report.

 

He reported that listed building consent was required for the application which proposed to install sandstone deflector walls as a form of sea defence. Historic England raised no objection and Whitby Civic Society endorsed the Conservation Officer’s comments, querying whether statements from the Environment Agency and Borough Engineer would be required.

 

RESOLVED that permission be GRANTED subject to the conditions set out in the report with powers delegated to officers (in consultation with the Chair and Vice Chair ) to consider any comments received by 19 April 2019

 

 

12.

PLANNING APPLICATION 18/01782/RM - 69 CARR HILL LANE, BRIGGSWATH, WHITBY pdf icon PDF 190 KB

To consider:-

i.

a reserved matters application to approve the site layout and dwelling designs for D & M  Middleton Ltd; and

ii.

a report of the Planning Services Manager (Reference 19/84) attached.

View Plans and Documents

Minutes:

The Committee considered:

i. a reserved matters application to approve the site layout and dwelling designs for D & M Middleton Ltd; and

ii. a report of the Planning Services Manager (Reference 19/84).

 

The Planning Officer outlined a presentational summary of the detailed report.

 

He reported that the main issues concerned the height of the proposed properties which would to some extent be addressed through planting and trees acting as natural screens. One objection had been received from the local parish council along these grounds plus some other concerns.

 

Under the Council’s Public Speaking Scheme, Stuart Duckett (agent for the applicant, D & M Middleton Ltd) spoke in favour of the application and Mr Reay (resident) spoke in objection. He added that the proposed number of eleven properties was more than agreed for the original outline permission.

 

Members queried what indicative number had been agreed for the proposed development. They were informed by officers that sixteen had been on the initial plans but officers had worked to get this reduced to a more appropriate number of around ten properties.

 

RESOLVED that permission be GRANTED subject to the conditions, and proposed Deed of Variation (to be drafted), as set out in the report.

 

 

 

13.

PLANNING APPLICATION 19/00105/FL - 133 VICTORIA ROAD, SCARBOROUGH pdf icon PDF 235 KB

To consider:-

i.

a planning application for residential development consisting of four houses and three flats for Ralph Dixon Properties; and

ii.

a report of the Planning Services Manager (Reference 19/91) attached.

View Plans and Documents

Minutes:

The Committee considered:

i. a planning application for residential development of four houses and three flats for Ralph Dixon Properties; and

ii. a report of the Planning Services Manager (Reference 19/91).

 

The Planning Officer outlined a presentational summary of the detailed report.

 

She reported that the proposed scheme consisted of four town-houses and three flats all three stories high which would renovate a derelict site. Yards and bin/cycle storage were other features.

 

The main issue raised had concerned lack of car parking provision and the likelihood that residential on-street parking would be used in the area. The Highways Authority had suggested removing a parking restriction in the direct vicinity funded by the applicant.

 

Members felt that it was an impressive scheme.

 

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

 

 

 

14.

PLANNING APPLICATION 19/00156/FLA - 48 HIGH STREET, CLOUGHTON pdf icon PDF 186 KB

To consider:-

i.

a planning application for the variation of conditions 1 and 3 relating to 18/00103/FL to amend materials of construction for Mulgrave Developments; and

ii.

a report of the Planning Services Manager (Reference 19/94) attached.

View Plans and Documents

Minutes:

The Committee considered:

i. a planning application for the variation of conditions 1 and 3 relating to 18/00103/FL to amend materials of construction for Mulgrave Developments; and

ii. a report of the Planning Services Manager (Reference 19/94).

 

The Planning Officer outlined a presentational summary of the detailed report.

 

He clarified that paragraph 1.5 of the report contained a typo in the text ‘application seeks to vary Conditions No.1 (Approved Plans) and No.3 of the

latterly mentioned decision (17/02636/FLA)’ was actually  18/00103/FL.

 

The Planning Officer reported that the development site was of historic agricultural interest, set in the Cloughton Conservation Area, and sited within the setting of a Listed Building. Permission had been given previously for conversion of 7 farm buildings and construction of 17 new dwellings totalling 24 new dwellings. The new application now sought to use different new building materials as opposed to reclaimed external building materials. The requirement for this was due to the poor condition of the reclaimed materials. 

 

There had been two public objections.

 

Members supported the proposed changes.

 

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

 

15.

PLANNING APPEALS pdf icon PDF 132 KB

To consider a report by the Planning Services Manager (Reference 19/95) attached.

Minutes:

The Committee considered a report of the Planning Services Manager (Reference 19/95) in respect of current appeals which had 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.