Agenda and minutes

Planning & Development Committee
Thursday, 21st March, 2013 1.00 pm

Venue: Town Hall, Scarborough

Contact: Anne Smith 

Items
No. Item

1.

Declarations of Interests pdf icon PDF 21 KB

Members are reminded of the need to consider whether they have a personal, prejudicial or pecuniary 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 Colin Haddington, declared a Personal interest in agenda item 6, Planning Application (13/00220/FL) - 18a Scarborough Road, Filey, as he had had dealings with objectors but he had kept an open mind on the matter.

Councillor Colin Haddington, declared a Personal interest in agenda item 12, Planning Application (12/02584/FL) - Grange Farm, Filey Road, Gristhorpe as his son rented a property from the Applicant.

Councillor Mrs Jane E Mortimer, declared a Personal interest in agenda item 16, Land at Doves Nest Farm and Haxby Plantation, Sneaton as she was a Member of a Parish Council which had sent written representations to the North York Moors National Park but she had kept an open mind on the matter.

 

2.

Minutes pdf icon PDF 66 KB

To approve as a correct record and sign the Minutes of the meeting held on 28 February 2013.  (Minutes attached).

Minutes:

RESOLVED that the Minutes of the meeting held on 28 February 2013 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 Chair reported that no public questions had been received.

 

4.

Planning Application (13/00152/RG3) - Whitby Business Park, Off Cholmley Way, Whitby pdf icon PDF 149 KB

To consider:

i)          a planning application for construction of two extensions to a proposed new estate road (12/01951/RG3 Road A) to include culverts over an existing watercourse, for Scarborough Borough Council, Mr Alex Richards; and

ii)         a report by the Planning Manager (Reference 13/88) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          a planning application for construction of two extensions to a proposed new estate road (12/01951/RG3 Road A) to include culverts over an existing watercourse, for Scarborough Borough Council, Mr Alex Richards; and

ii)         a report by the Planning Manager (Reference 13/88).

Members were informed that the request for the removal of the hedgerow had been received after the application and a re-consultation had been carried out on this aspect of the application.  Whitby Town Council had expressed concerns about the lack of information regarding the age of the hedgerow, its environmental impact and the possibility of planting a replacement within the site.  Officers had looked into this issue and the age and number of species in the hedgerow had been assessed.  There was scope to replace the hedgerow elsewhere in the site and significant planting was proposed which would mitigate the loss of the hedge.  The Ecology officer had no objections subject to an additional condition requiring the replacement of the hedgerow and the planning officer requested the insertion of the additional condition and an informative to address this matter.

A Member asked whether this was an enclosure hedge and would be protected and was informed that this had been considered.  There were already gaps in the hedgerow which did not enclose the field and the proposed measures were considered adequate to compensate for the loss of the hedge.  Another Member had concerns that the location of the replacement hedge was not acceptable as it was too close to the Recycling Centre and would not attract wildlife.  The planning officer assured Members that the Council’s Ecology Officer would be involved in agreeing the details of the new planting.

RESOLVED that permission be GRANTED, subject to the following conditions and the additional condition agreed at the meeting:-

1.         The development hereby approved shall be carried out in strict accordance with the following plans unless otherwise agreed in writing by the Local Planning Authority:-

                        4706262865-CUL-01 – Culvert Location Plan

4706262865-CUL-02 – Culvert Surface Water Catchment Areas

4706262865-CUL-03 – Culvert Design – Road A General Arrangement

4706262865-CUL-04 – Culvert Design – Road A Sections and Details

Reason: To define the development which has been granted planning permission.

2.         Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works or the depositing of material on the site, until the following drawings and details have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority:

(1)       Detailed engineering drawings to a scale of not less than 1:500 and based upon an accurate survey showing:

(a)       the proposed highway layout including the highway boundary

(b)       dimensions of any carriageway, cycleway, footway, and verges

(c)        visibility splays

(d)       the proposed buildings and site layout, including levels

(e)       accesses and driveways

(f)         drainage and sewerage system

(g)       lining and signing

(h)        traffic calming measures

(i)         all  ...  view the full minutes text for item 4.

5.

Planning Application (13/00250/FL and 13/00252/LB) - The Engine Stable, Windsor Terrace, Whitby pdf icon PDF 158 KB

To consider:

i)          a planning application and listed building consent for refurbishment of vacant Grade II listed former North Eastern Railway engine stable to provide gallery and exhibition space; cafe/restaurant and meeting/ conference facilities;

ii)         a report by the Planning Manager (Reference 13/94) attached.

View Plans and Documents – 13/00250/FL

View Plans and Documents – 13/00252/LB

Additional documents:

Minutes:

The Committee considered:

i)          a planning application and listed building consent for refurbishment of vacant Grade II listed former North Eastern Railway engine stable to provide gallery and exhibition space; cafe/restaurant and meeting/ conference facilities;

ii)         a report by the Planning Manager (Reference 13/94).

Members were informed that comments had been received from Council Engineers who had no objections on land drainage issues and the County Archaeologist had confirmed that he was satisfied with condition 5. 

Members welcomed this application which would bring an important Grade II Listed building back into use.

RESOLVED that Planning Permission and Listed Building Consent be GRANTED, subject to the following conditions:-

1          The development hereby granted shall be carried out in strict accordance with the submitted plans, as revised by Drawing No 2733/005 Rev A, unless any amendment is first approved by the Local Planning Authority.

            Reason: For the avoidance of doubt.

2          Large scale constructional drawings (at a scale of at least 1:20) of the following details shall be submitted to and approved by the Local Planning Authority and no work shall commence in respect of these elements in advance of that approval:-

            (i)         the glazed screens in the south openings

(ii)        the new inner windows

(iii)       the glazed lobby

(iv)       the mezzanine floor  

Reason: To ensure that the alterations are in keeping with the architectural character of this listed building and to accord with Policy E14 of the adopted Scarborough Borough Local Plan.

3          Prior to installation, details of the internal heating and lighting systems shall be submitted to and approved in writing by the Local Planning Authority, and the systems so approved shall be installed to the satisfaction of the Local Planning Authority and thereafter so maintained.

Reason: To ensure that the alterations are in keeping with the architectural character of this listed building and to accord with Policy E14 of the adopted Scarborough Borough Local Plan.

4          Unless otherwise agreed in writing by the Local Planning Authority, prior to the installation of the mezzanine floor hereby approved, details of the ‘Plinth’, its location on the site, and the external hard/soft landscaping, including details of the number, species, heights on planting and positions of all trees/shrubs/bushes shall be submitted to and approved in writing by the Local Planning Authority. Such scheme as is approved shall be carried out in its entirety prior to the use hereby permitted first being brought into use, or within such longer period as may be agreed in writing with the Local Planning Authority. All trees, shrubs and bushes shall be maintained by the owner(s) of the land on which they are situated for the period of five years beginning with the date of completion of the scheme and during that period all losses shall be made good as and when necessary, unless the Local Planning Authority gives written consent to any variation.

Reason: In the interests of the visual amenity of the area

5          No development involving ground  ...  view the full minutes text for item 5.

6.

Planning Application (13/00220/FL) - 18a Scarborough Road, Filey pdf icon PDF 118 KB

To consider:

i)          a planning application for replacement car port at existing engineering workshop, for Mr C and Mrs W Burnett; and

ii)         a report by the Planning Manager (Reference 13/121) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          a planning application for replacement car port at existing engineering workshop, for Mr C and Mrs W Burnett; and

ii)         a report by the Planning Manager (Reference 13/121).

The majority of Members had attended a Site Visit earlier in the week.  The main issue to be considered was the impact of the proposed building on 1 Ravine Hill.  The previous building on the site had a sloping pitched roof which, it was contended, had less impact but the buildings to either side of the site also added to the enclosed feeling and impact on the neighbouring property.  The officer suggested that this was a finely balanced judgement and a difficult decision for Members.

In accordance with the Council’s Public Speaking Scheme, Miss J Shepherd, Applicant’s Agent, spoke in support and Mr T Watkins, a Neighbour spoke against the application, before the committee commenced its debate of the item.

A Member considered that the proposal would conflict with Policy H10 (d) of the Local Plan as it would have a serious effect on the residential amenity of the neighbours at 1 Ravine Hill.  The officer advised that the site had been used for vehicle repairs for a considerable time and a general industrial use existed.  If there was unacceptable noise this could be addressed by Environmental Health legislation.  Members should consider the physical impact of the proposed building but could not stop the activity on the site.  The Planning Manager reminded Members that the application included the removal of the existing building and replacement with a new building with amended roof slopes, further from the boundary wall and the building would be painted white.  One Member commented that residential and industrial buildings do not mix and this was a problem in his ward.  He was reminded that this site already had approval as a workshop.  A Member considered that there would be no more loss of amenity that in the past and moved approval.  Another Member asked about the roof height of the previous building on the site and was advised that this information was not available although a photograph was displayed which showed the original building and the height of the proposed building was considerably higher.  The Member asked why the building needed to be so high and was advised that officers had suggested a lower roof in negotiations but this had not been accepted as it was not high enough for the use proposed.   The officer suggested that Members may wish to defer to allow further negotiations to find a way forward.  The Member who had moved approval then withdrew this and proposed deferral and this was seconded.  

RESOLVED that the application be DEFERRED to allow officers the opportunity for further negotiations.

 

7.

Planning Application (12/02735/RM, 13/00180/RM, 13/00424/NMA and 13/00457/OL) - Land West of Station Road and South of West Garth, Cayton pdf icon PDF 153 KB

To consider:

i)          planning applications for variation of condition 1 for amendments to plots and elevations including the erection of conservatories.  Variation of condition 15 relating to the reduction in on-site energy requirements, and revision of the access to the sales office, in relation to planning applications 10/00903/OL and 11/01435/RM, for BDW Trading (Yorkshire East); and

ii)         a report by the Planning Manager (Reference 13/102) attached.

View Plans and Documents - 12/02735/RM

View Plans and Documents - 13/00180/RM

View Plans and Documents - 13/00424/NMA

View Plans and Documents - 13/00457/OL

Additional documents:

Minutes:

The Committee considered:

i)          planning applications for variation of condition 1 for amendments to plots and elevations including the erection of conservatories.  Variation of condition 15 relating to the reduction in on-site energy requirements, and revision of the access to the sales office, in relation to planning applications 10/00903/OL and 11/01435/RM, for BDW Trading (Yorkshire East); and

ii)         a report by the Planning Manager (Reference 13/102).

Members were informed that NYCC Highways had no objection to the revised access to the sales office on the site which was a temporary facility and the amended energy conditions were consistent with approval given on the Larpool Lane site at Whitby.

The Ward Member advised that he had reported the location of the sales office to highways before it was built and he considered the access from West Garth was dangerous and should not be allowed.  He also had concerns about additional run off from the conservatories on a site which was susceptible to flooding and he argued that the energy requirements should be retained.  The Chair advised that applications for variations to planning permissions had been received in respect of numerous sites and there was nothing wrong with Applicants coming back to ask for changes.  Conservatories had not been included in the original application but if the conservatories had been slightly shorter there would be no requirement for planning permission as they would fall within permitted development.  This approach resulted in a consistent design, height and size of conservatory which was to be welcomed.  Officers had responded to the concerns raised and site visits had been undertaken with the enforcement officer and matters had been rectified.  The issue of surface water from the conservatories had also been addressed.  The change to energy requirements would result in less energy being required on the site and was achieving the same result by a different approach.  The Planning Manager agreed that it was frustrating for officers when variations were required but officers had to respond to the requests and there were no objections from NYCC Highways or drainage engineers to the proposals.  A Member suggested a limit on the number of conservatories and amount of impermeable surface and asked whether the drainage scheme could cope.  She also asked for clarification on the energy requirement.  The planning officer advised that the energy statement included a calculation of the energy generated by the site.  However, it was now proposed that the 10% required saving would be achieved by increasing insulation and installing more efficient boilers instead of the solar panels.  The houses would be more energy efficient and house holders could install solar panels at a later date if they wished.  The planning officer suggested that permitted development rights should be removed from properties which had conservatories and this was agreed.  Another Member expressed his concerns about the application as approval had been given on the basis of specific information and detail.  Officers agreed that this was frustrating but developers frequently came back to change  ...  view the full minutes text for item 7.

8.

Planning Application (13/00182/RM & 13/00287/RM) - Land West of Station Road and South of West Garth, Cayton pdf icon PDF 142 KB

To consider:

i)          planning applications for amendment to condition 21 of application 10/00903/OL and condition 9 of application 11/01435/RM dealing with lining of drainage pipes, BDW Trading (Yorkshire East); and

ii)         a report by the Planning Manager (Reference 13/103) attached.

View Plans and Documents - 13/00182/RM

View Plans and Documents - 13/00287/RM

Additional documents:

Minutes:

The Committee considered:

i)          planning applications for amendment to condition 21 of application 10/00903/OL and condition 9 of application 11/01435/RM dealing with lining of drainage pipes, BDW Trading (Yorkshire East); and

ii)         a report by the Planning Manager (Reference 13/103).

This agenda item and agenda item 9 were considered together, as the wording of the conditions was identical. The votes were taken separately.

Members were informed that the application arose as Yorkshire Water had adopted a new standard since approval was given.  The Ward Councillor asked whether the Environment Agency (EA) had been consulted and was informed that they had no objections to the application as the conditions were not imposed by them but by Yorkshire Water.  The Member suggested that the clay liner was an important part of the protection of the aquifer and asked that his concerns at the response from the EA be recorded.  The planning officer explained that the new method involved an internally lined system which provided a watertight construction which would take 100 years for water to get through 1 cm.  The system was more malleable and did not set like engineering clay.

RESOLVED that the details submitted in respect of the amendment of Condition 9 in relation to application 11/01435/RM, and the amendment of Condition 21 in relation to application 10/00903/OL be APPROVED subject to the following condition:

1          All other conditions attached to the planning permission reference 11/01435/RM remain in force.

Reason: To ensure that conditions remain in-situ, as amendments have been made to the approved condition; and

Applications 11/01435/RM & 10/00903/OL

The amendment of Condition 9 in relation to application 11/01435/RM and   Condition 21 in relation to application 10/00903/OL as sought by applications 13/00182/RM and 13/00287/RM is APPROVED, and the Conditions shall now read:

No development shall take place until details of the proposed means of foul and surface water drainage, including details of any balancing works and off-site works have been submitted to and approved in writing by the Local Planning Authority.  The foul drainage details to be approved shall include provision of a suitable lined system for the sewers and an appropriate means of ensuring the waste water pumping station is such that it will not discharge foul water to ground.  Furthermore, occupation of the development shall not commence until the approved drainage works have been constructed in accordance with the approved plans and to the satisfaction of the Local Planning Authority.

Reason: To ensure the development can be properly drained and that there is no risk of pollution to the public water supply arising as a consequence of the development.

 

9.

Planning Application (13/00183/COND and 13/00189/COND) - Land West of Station Road and South of West Garth, Cayton pdf icon PDF 121 KB

To consider:

i)          planning applications for discharge of condition 21 of application 10/00903/OL and condition 9 of application 11/01435/RM dealing with lining of drainage pipes, BDW Trading (Yorkshire East); and

ii)         a report by the Planning Manager (Reference 13/104) attached.

View Plans and Documents - 13/00183/COND

View Plans and Documents - 13/00189/COND

Additional documents:

Minutes:

The Committee considered:

i)          planning applications for discharge of condition 21 of application 10/00903/OL and condition 9 of application 11/01435/RM dealing with lining of drainage pipes, BDW Trading (Yorkshire East); and

ii)         a report by the Planning Manager (Reference 13/104).

This item was considered with the preceding agenda item 8

RESOLVED that the details submitted with regard to the discharge of Condition 9 in relation to application 11/01435/RM, and the discharge of Condition 21 in relation to application 10/00903/OL are APPROVED and the Conditions can be formally discharged.

 

10.

Planning Application (13/00137/FL) - Starr Carr Farm, Malton Road, Seamer pdf icon PDF 131 KB

To consider:

i)          a planning application for re-development of Starr Carr Farm to include erection of workshop and store building, weighbridge, vehicle wash, erection of electronic security gates, extended hardstanding areas for staff, visitor and HGV parking, installation of fuel tank and associated drainage infrastructure, for James Stockdale Ltd; and

ii)         a report by the Planning Manager (Reference 13/106) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          a planning application for re-development of Starr Carr Farm to include erection of workshop and store building, weighbridge, vehicle wash, erection of electronic security gates, extended hardstanding areas for staff, visitor and HGV parking, installation of fuel tank and associated drainage infrastructure, for James Stockdale Ltd; and

ii)         a report by the Planning Manager (Reference 13/106).

Members were informed that a Planning Performance Agreement was being drafted but a number of important consultations remained outstanding.  The key consideration was impact on the Star Carr archaeological site which was of national and international significance.  A Member proposed deferral to allow time for outstanding matters to be resolved and this was seconded.  The Chair suggested the need for lorry cleaning to ensure that there was no contamination of the Star Carr site and interceptors for diesel seeping from the site and was informed that this was included in proposed condition 4.

RESOLVED that the application be DEFERRED to allow time for responses from consultees.

 

11.

Planning Application (13/00297/OL) - Hind House, Church Hill, Reighton pdf icon PDF 144 KB

To consider:

i)          a planning application for extension to time limit relating to application reference 09/01640/OL for the erection of nine dwellings, for Mr D Bradshaw (DE and CS Bradshaw); and

ii)         a report by the Planning Manager (Reference 13/105) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          a planning application for extension to time limit relating to application reference 09/01640/OL for the erection of nine dwellings, for Mr D Bradshaw (DE and CS Bradshaw); and

ii)         a report by the Planning Manager (Reference 13/105).

Members welcomed this application.

RESOLVED that:

(i)     Provided the Unilateral Undertaking covering Affordable Housing and Public Open Space for a total of £92,166.70 is completed before 9th April 2013, permission be GRANTED, subject to the following conditions:-

1          No development shall take place without the written approval of the Local Planning Authority of all details of the following matters:-

(i)         A schedule of external materials of construction of buildings and hard surfaced areas, including samples;

(ii)        Landscaping of the site including measures to be taken to protect existing trees during development;

            (iii)       Means of enclosure;

            (iv)       Crime prevention measures to be incorporated;

            (v)        Measures to promote nature conservation.

Reason: To reserve the position of the Local Planning Authority in respect of these matters.

2          The roofs of the development hereby permitted shall be clad with traditional non – interlocking non pre-coloured red clay pantiles and thereafter so maintained.

Reason: In the interests of visual amenity to accord with Policy E12 of the adopted Scarborough Borough Local Plan.

3          One metre square freestanding panels of brickwork and stonework showing the types of brick and stone to be used in the construction of the development hereby permitted shall be constructed on site and approved in writing by the Local Planning Authority before the commencement of development above foundation level. All new brickwork and stonework shall match that of the approved panels unless otherwise used agreed in writing by the Local Planning Authority. The panels so constructed shall be retained on site until the development hereby approved has been completed.

Reason: In the interests of visual amenity to accord with Policy E12 of the adopted Scarborough Borough Local Plan.

4          All new timber frames, glazing bars and external door frames shall be of timber construction, painted or stained in a colour to be agreed in writing with the Local Planning Authority and thereafter so maintained. 

Reason: In the interests of visual amenity to accord with Policy E12 of the adopted Scarborough Borough Local Plan.

5          Notwithstanding the provisions of the Town and Country Planning General (Permitted Development) Order 1995, or any Order or Statutory Instrument amending, revoking or re-enacting that Order), none of the following developments or alterations shall be carried out without the prior written approval of the Local Planning Authority:-

(i)         the erection of freestanding curtilage buildings or structures including car ports, garages, sheds, greenhouses, pergolas or raised decks;

(ii)        the erection of house extensions including dormer windows, conservatories, garages, car ports or porches;

(iii)       alterations including the installation or replacement of additional windows or doors and the installation of new windows.

Reason: In the interests of visual amenity to accord with Policy E12 of the adopted Scarborough Borough  ...  view the full minutes text for item 11.

12.

Planning Application (12/02584/FL) - Grange Farm, Filey Road, Gristhorpe pdf icon PDF 157 KB

To consider:

i)          a planning application for the erection of two 50kW wind turbines of height to hub 24.6m and to blade tip of 34.2m including access track and ancillary kiosks, for Hallmark Power Ltd (Mr Stephen Bate); and

ii)         a report by the Planning Manager (Reference 13/99) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          a planning application for the erection of two 50kW wind turbines of height to hub 24.6m and to blade tip of 34.2m including access track and ancillary kiosks, for Hallmark Power Ltd (Mr Stephen Bate); and

ii)         a report by the Planning Manager (Reference 13/99).

Members were informed that a correction was required to the report in paragraphs 1.2, 6.12 and reason for refusal 3, reference to 70 and 120 metres should be replaced by 95 and 180 metres.  Since the agenda was published comments had been received from the Ministry of Defence (MoD) who objected to the application as the turbine would be within 17.5km of the air defence radar at Staxton Wold and would be a physical obstruction likely to cause disruption to transmitted and received signals which could result in reduced radar detection performance.  Members were asked to agree an additional reason for refusal, no. 6, based on this objection and the conflict with guidance in the Companion Guide to PPS22.  Environmental Health had asked for an acoustic report to assess the overall situation and give detailed calculations as the noise level at the nearest property may be in excess of 35db from one turbine and noise from both turbines needs to be taken into consideration.  Members were asked to agree another additional reason for refusal, no. 7, as the Council was not satisfied that the proposal complied with Saved Policies H10 and E35 or guidance in paragraph 123 of the NPPF.   A letter of support from Gristhorpe and 13 letters of objection, 10 from Lebberston and 3 from Gristhorpe had been received.  The letters generally covered issues already referred to in the report at paragraphs 3.16 and 3.17.  Additional information had been received from the Applicant confirming that the cables would run underground to an overhead power line which crossed Filey Road; the diameter of the mast base; residential distances; the proposal to infill gaps in hedgerows along Filey Road and the A165 which may mitigate some impact; risk of shadow flicker on motorists was highly unlikely and the distance to the nearest line of sight telecom link.  

Members were informed that the Applicant disagreed with officers’ concerns over the colour and design of the turbines and had submitted a rebuttal statement over the concerns over landscape and visual impacts.  The rebuttal criticised the use of Hi-Mast lighting columns to assess visual impact due to the differing topography and landscape shielding which should be on a site specific basis; suggested that impacts on road and rail users should be considered transient lowering the sensitivity of such receptors and the magnitude; restated the impact of caravan sites and the industrial development near the A64 as detractors; questioned the assessment that the transport corridor gave visitors a good first impression of the area and also the cumulative impacts and scale of sequential impacts which they considered to be low.  The Applicant considered that the proposals had been carefully designed and the benefits of  ...  view the full minutes text for item 12.

13.

Planning Application (12/02583/FL) - Reighton Nurseries, Hunmanby Road, Reighton pdf icon PDF 155 KB

To consider:

i)          a planning application for erection of one 50kW wind turbine of height to hub 24.6m and to blade tip of 34.2m including access track and ancillary kiosk, for Hallmark Power Ltd (Mr Stephen Bate); and

ii)         a report by the Planning Manager (Reference 13/100) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          a planning application for erection of one 50kW wind turbine of height to hub 24.6m and to blade tip of 34.2m including access track and ancillary kiosk, for Hallmark Power Ltd (Mr Stephen Bate); and

ii)         a report by the Planning Manager (Reference 13/100).

Members were informed that the National Air Traffic Service (NATS) had withdrawn their objection so reason 1 and note 2 would require amendment to omit references to their objection.  Arquiva and NYCC had no objections.  Four additional letters of objection had been received from nos. 1, 2, 5 and 6 Hunmanby Road, the nearest properties to the proposed turbine. They considered the turbine would be a visual intrusion and had concerns about the cumulative impact.  Additional comments from the Applicant were reported confirming that cables would run underground to an overhead power line to the eastern boundary; the diameter of the mast base and details of telecom links to the mast just beyond the Dotterel roundabout.  Members were informed that no pre-application discussions had been held but alternative mast colours and designs had been suggested for consideration to help overcome the MoD objection.  However, the Applicant felt constrained by the size of the holding and the impact a reduced turbine size would have on the commercial viability of the proposal.  The Planning Officer considered that the impact of the proposal had been understated by the Applicant as the Endurance turbine would stand out significantly in skyline situations, there were design concerns over the model and its siting under Policy E12 and, in certain views, it would be seen as intrusive on the skyline contrary to Policy E36.  He also queried the landscape and visual sensitivity which had been quoted from the February 2012 AECOM Landscape Sensitivity Framework.  When he checked this indicated the area a being of high visual and landscape sensitivity.  The assessment had not fully assessed the impact on the Coastal Zone, Flamborough Headland Heritage Coast or A165 as a route to tourist resorts, all contrary to Policies E27, E5 and E35.  The ZTV plan showed the impact across the Wolds, along the A165, the Coastal Zone to the north and to a lesser but still significant extent along the Coastal Zone and Flamborough Headland Coast to the east.  Officers were not satisfied that the scale and design of the proposed turbine minimised the visual and landscape impact and they asked that an additional reason for refusal be added based on the policies above.

In accordance with the Council’s Public Speaking Scheme, Mr Stephen Bate, Hallmark Power Ltd, the Applicant, spoke in support of the application before the committee commenced its debate of the item. 

A Member advised that he had been contacted by a resident who was concerned at the size and height of the turbine and he moved refusal.  Another Member commented that he supported renewable energy but in light of the MoD objection and the fact that the application was contrary to five policies in  ...  view the full minutes text for item 13.

14.

Planning Application (13/00267/HS and 13/00266/HS) - 24 and 26 Hillcrest Avenue, Newby pdf icon PDF 116 KB

To consider:

i)          a planning application for rear extension to create sunroom with utility under, for Mr & Mrs Dixon; and

ii)         a report by the Planning Manager (Reference 13/115) attached.

View Plans and Documents - 13/00267/HS

View Plans and Documents - 13/00266/HS

Additional documents:

Minutes:

The Committee considered:

i)          a planning application for rear extension to create sunroom with utility under, for Mr & Mrs Dixon; and

ii)         a report by the Planning Manager (Reference 13/115).

The Planning Officer advised that the Parish Council had no objections to either application. Members welcomed the dual application.

RESOLVED that in the case of application 13/00266FL (24 Hillcrest Avenue) permission be GRANTED, subject to the following conditions:-

1          The development hereby granted shall be carried out in strict accordance with the submitted plans unless any amendment is first approved by the Local Planning Authority.

Reason: To avoid doubt and to ensure the development is carried out in accordance with development plan policies.

2         The development hereby permitted shall only be constructed at the same time as, and in conjunction with the adjoining extension approved by Decision Notice 13/00267/FL and not as a standalone development.

Reason: In recognition of the unsuitability of the development to be constructed as a standalone extension and to protect neighbouring residential amenity.

3         The brickwork and roofing tiles of the development hereby permitted shall match those of the principal existing building on the site.

Reason: In the interests of visual amenity and in accordance with the requirements of policy E.14 of the Scarborough Borough Local Plan.

4        The side facing windows of the development shall be provided in obscure glazing, and shall thereafter be so maintained.  The pattern/texture shall be of a density to ensure that no objects or persons positioned on either side of the glazing are readily distinguishable.

            Note:

It should be noted that certain so called "privacy" glasses offered by manufacturers do not provide sufficient levels of obscuration to conform with this condition.

Reason: In the interests of the preservation of neighbouring residential amenity and in accordance with the requirements of policy H.10 of the Scarborough Borough Local Plan.

and RESOLVED that in the case of application 13/00267/FL (26 Hillcrest Avenue) permission be GRANTED, subject to the following conditions:-

1          The development hereby permitted shall be carried out in accordance with the plans received by the Local Planning Authority on 4 March 2013.

Reason: To avoid doubt and to ensure the development is carried out in accordance with development plan policies.

2         The development hereby permitted shall only be constructed at the same time as, and in conjunction with the adjoining extension approved by Decision Notice 13/00266/FL and not as a standalone development.

Reason: In recognition of the unsuitability of the development to be constructed as a standalone extension and to protect neighbouring residential amenity.

3          The brickwork and roofing tiles of the development hereby permitted shall match those of the principal existing building on the site.

Reason: In the interests of visual amenity and in accordance with the requirements of policy E.14 of the Scarborough Borough Local Plan.

4          The side facing windows of the development shall be provided in obscure glazing, and shall thereafter be so maintained.  The pattern/texture shall be of  ...  view the full minutes text for item 14.

15.

Planning Application (13/00454/HS) - 3 Hawke Garth, Hunmanby pdf icon PDF 118 KB

To consider:

i)          a planning application for proposed single storey side extension, for Mr D Unsworth; and

ii)         a report by the Planning Manager (Reference 13/108) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          a planning application for proposed single storey side extension, for Mr D Unsworth; and

ii)         a report by the Planning Manager (Reference 13/108).

Members were informed that the Parish Council had no objections but had concerns that the proposal would block light to the neighbouring property; Mr and Mrs Ling of 2 Hawke Garth supported the application which they felt would enhance the property and comments from the applicant’s agent, Mr Green were reported to the meeting.  Members regretted that the applicant had not been prepared to compromise but considered that the extension was too close and would overshadow the neighbour’s small back garden.

RESOLVED that permission be REFUSED, for the following reason:-

1        The proposed side-extension due to its mass and close proximity to the property to the rear, number 27 Manor Gardens, would appear overbearing and would adversely affect the residential amenity of this occupier as a consequence. As such the application does not comply with Saved Policy H10 of the Adopted Scarborough Borough Council Local Plan which states that planning permission will not be granted for development that has a serious effect on residential amenity, including considerations relating to the proximity and relationship of buildings and whether there is an overbearing effect on existing properties and would be contrary to Supplementary Planning Guidance, ‘Residential Extensions’ June 2001.

 

16.

Land at Doves Nest Farm and Haxby Plantation, Sneaton pdf icon PDF 129 KB

To consider a report by the Planning Manager (Reference 13/111) attached.

Minutes:

The Committee considered a report by the Planning Manager (Reference 13/111) which provided Members with details of the planning application submitted to the National Park Authority (NPA) who will deal with the planning application and provided an opportunity to formulate a response.  Members had received a presentation on the proposals and suggested that the NPA take account of the following issues: Transport links; impact during summer holiday period; Green Travel Plan; schedule for deliveries; traffic levels during construction and operation; protection of land water supplies and the River Esk; details for storage of spoil during construction; use of sealed wagons; control of waste disposal; and the use of Park and Ride facilities.  Members supported the application but also emphasised the need to protect the special area.  The Planning Manager suggested that she agree the wording in consultation with the Chair and this was agreed.

 

17.

Planning Appeals pdf icon PDF 113 KB

To consider a report by the Planning Manager (Reference 13/112) attached.

 

 

Minutes:

The Committee considered a report by the Planning Manager (Reference 13/112) which provided information about planning appeals received and progress on current appeals.

RESOLVED that this item be DEFERRED for consideration at the next meeting

 

18.

Revised Local Development Scheme and Update on Local Plan Timetable pdf icon PDF 167 KB

To consider a report by the Planning Manager (Reference 13/95) attached.

Additional documents:

Minutes:

The Committee considered a report by the Planning Manager (Reference 13/95) which provided Members with an update on the current position regarding production of the Local Plan; proposed that revisions be made to the Local Development Scheme; and provided details of the rolling three year programme which identified the scope and key milestones for the production of the Local Plan.  Members had received a presentation before the Committee and welcomed the report.  The Chair had a concern about the Area Action Plan for Whitby, which was not expected until late 2014, and asked what weight would be given to the Plan in the meantime and was informed that the Plan should be ready for submission in late 2013 and some weight would be given if a decision was needed before it was adopted.  This would be in the hands of the Planning Inspectorate.  A Member welcomed the report and noted the staffing implications referred to in paragraph 6.4.

RESOLVED that:

a)                 Members endorse the revised Local Development Scheme (LDS) covering the period 2012-2015 and publish the document on the Forward Planning webpage. This will bring the revised Local Development Scheme into effect outlining the Borough Council’s proposed approach towards the development of future planning policies, including the production of a Local Plan, Whitby Business Park Area Action Plan and, depending on the outcome of preliminary viability work, a Community Infrastructure Levy Schedule.

b)                 Any future minor revisions to the programme be made with the agreement of the Chair of Planning and Development Committee and the Portfolio Holder with responsibility for Planning.

Reason:

Under the provisions of the Planning and Compulsory Purchase Act (2004) local planning authorities are required to set out in a project plan, the timetable for the production of the Local Plan (formerly Local Development Framework). The LDS covers a rolling 3 year period, and must be kept up to date and reflect current progress and future work commitments.

 

The publication of revised national planning guidance (in the form of the National Planning Policy Framework) and other significant changes to the planning landscape, including the revocation of the Regional Spatial Strategy (RSS) for Yorkshire and the Humber has had  significant implications for the production of the Local Plan. As such it is considered necessary to revise the Local Development Scheme to reflect these changes and establish a revised work programme.

 

19.

Consultation Draft - Whitby Business Park Area Action Plan pdf icon PDF 158 KB

To consider a report by the Planning Manager (Reference 13/113) attached.

 

Additional documents:

Minutes:

The Committee considered a report by the Planning Manager (Reference 13/113) which provided details of the draft Area Action Plan (AAP) that had been produced jointly with the North York Moors National Park Authority (NYMNPA).  During the development process consultees had highlighted a range of issues which the AAP should aim to address, including concerns about the road system; inflexibility of units and land availability which limit potential for growth of existing occupiers; and a lack of cohesion of design and layout.  Consultation has already been held with local businesses and residents.  The AAP would form part of the statutory development plan for the area and shape the emerging strategy.  A key element was identifying additional land for development and 14 hectares to the rear of the existing Business Park had been identified for potential future use. The AAP proposed that the Business Park should remain primarily in ‘B’ uses although the joint Member working group had considered whether additional retail provision should be included.  They felt that a cautious approach should be taken with the possibility of limited retail in order to avoid ‘ad hoc’ decisions on retail proposals in the future.  Some interest had been expressed in hotel/public house provision and, whilst it was important to protect the residential amenity of neighbours and avoid conflict, this could help support the sustainability of the area.  Officers had made arrangements to meet with Whitby Town Council and would be using the NYMNP exhibition trailer to take an exhibition to the Business Park.  The NYMNP supported the recommendation for consultation and had suggested the following additions: provision of a map showing the location of the Business Park in Whitby; maps including road names; explanations of the existing businesses on site; reference to the Local Enterprise Partnership and amendment to Policy 4 to include reference to restrictions on heights of additions specifically to respect and respond to the long range views of Whitby Abbey.  In response to a query, officers confirmed that the retail zone was an 'area of search', to seek to steer pressure for any future retail development away from the heart of the Business Park.

RESOLVED that the draft Whitby Business Park Area Action Plan be published for consultation under Regulations 19 and 20 of the Town and Country Planning Act including the additional paragraphs proposed by the National Parks.

Reason:

The need to address current operational limitations of the Business Park and the needs of existing businesses, allied to the potential development of a Potash Mine to the south of Whitby and the potential local opportunities presented by the off-shore wind industry provide an opportunity to bolster the local economy. The delivery of a joint Area Action Plan with the North York Moors National Park Authority covering Whitby Business Park would place the area in a better position to benefit from such investment. Consultation on the emerging Area Action Plan will help identify areas needing additional consideration and/or amendment, and should contribute towards a more  ...  view the full minutes text for item 19.