Agenda and minutes

Planning & Development Committee
Thursday, 18th April, 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 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 Amanda Robinson, declared a Personal interest in agenda item 4, Planning Application (13/00485/HS) - 5 Grange Court, Irton since she was acquainted with the builder mentioned in the application.

Councillor Amanda Robinson, declared a Personal and Prejudicial interest in agenda item 7, Planning Application (12/02736/FL) - Sainsburys Stores PLC, Falsgrave Road, Falsgrave since her husband had a business interest.

Councillor David L Billing, declared a Personal and Prejudicial interest in agenda item 7, Planning Application (12/02736/FL) - Sainsburys Stores PLC, Falsgrave Road, Falsgrave since he was a Board Member of Seachange which owns adjacent land and also has a right of way over the property.

Councillor Mrs Jane E Mortimer, declared a Personal and Prejudicial interest in agenda item 7, Planning Application (12/02736/FL) - Sainsburys Stores PLC, Falsgrave Road, Falsgrave since she was a Board Member of Seachange which owns adjacent land and also has a right of way over the property.

 

2.

Minutes pdf icon PDF 164 KB

To approve as a correct record and sign the Minutes of the meeting held on 21 March 2013.  (Minutes attached).

Minutes:

RESOLVED that the minutes of the meeting held on 21 March 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 Chairman reported that no public questions had been submitted.

4.

Planning Application (13/00485/HS) - 5 Grange Court, Irton pdf icon PDF 114 KB

To consider:

i.          a planning application for replacement windows and installation of one door to front and side elevations, for Mr M Doherty; and

ii.         a report by the Planning Manager (reference 13/150) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i.          a planning application for replacement windows and installation of one door to front and side elevations, for Mr M Doherty; and

ii.         a report by the Planning Manager (reference 13/150).

Updating his report, Area Planning Manager (Rural), Mr Nick Read, advised Members that recommended condition 2 required that the new door should be solid without glazing panels, however the door installed did have glazed panels.  He further commented that in view of the property’s location and the fact that it was a relatively modest change he did not think that the Authority could insist on a solid door and therefore recommended condition 2 should be deleted.

RESOLVED that permission be GRANTED, subject to the following condition(s):-

1          The development hereby approved shall be carried out in strict accordance with the application plans and documents unless otherwise amended by the following conditions or otherwise agreed in writing by the Local Planning Authority,

Reason

In order to ensure the development is carried out in the form hereby approved.

 

5.

Planning Application (12/02244/FL) - Dale Farm, Bartindale Road, Hunmanby pdf icon PDF 122 KB

To consider:

i.          a planning application for erection of 3 eco cabins and use of land for holiday lettings, for Paul And Liz Halliday; and

ii.         a report by the Planning Manager (reference 13/044) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i.          a planning application for erection of 3 eco cabins and use of land for holiday lettings, for Paul And Liz Halliday; and

ii.         a report by the Planning Manager (reference 13/044).

The Planning Officer, Mr Rob Harrison outlined the proposals which were not considered to impact upon the visual amenity of the area.  Whilst the plans were technically in conflict with Policy L6 of the Local Plan, Officers recommended approval subject to specified conditions as the site was quite remote and the proposals were for a low intensity form of development and units were intended for short term occupancy. Plans and photographs of the site were also displayed at the meeting. No objections had been received from consultees and the Council’s tourism department supported the proposals as there was little similar provision in the Borough and this was available in neighbouring areas.

Mr Harrison advised Members that the applicants intended to paint the cabins in a green and cream colour; however Members could add a condition requiring that the cabins were left in their natural cedar wood state. 

One Councillor recommended that the nearby wood be retained and a condition added that it should not be felled.

Mr Nick Read, Area Planning Manager (Rural) recommended that conditions be added to retain the wood and allow the applicants to retain the chalets in their natural cedar colour but should the applicants wish to paint the chalets then approval by the Planning Authority would be required.

RESOLVED that permission be GRANTED, subject to the following conditions: -

1.         The development hereby granted shall be carried out in strict accordance with the submitted plans received by the Local planning Authority on the 8 February 2013 unless any amendment is first approved by the Local Planning Authority.

Reason

For the avoidance of doubt.

2.         The specified landscaping scheme shall be carried out in its entirety within the first planting season following completion of the development. All trees, shrubs and bushes shall be maintained by the owner or owners 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 visual amenity and the reduction of the impact of the development upon the character and appearance of the wider open countryside in accordance with the requirements of policy E.1 and E.12 of the Scarborough Borough Local Plan.

3.         The accommodation hereby permitted shall not be used for purposes other than holiday letting purposes. For the purpose of this condition 'holiday letting' means letting to the same person, groups of persons or family for periods not exceeding a total of 28 days in any one calendar year. The accommodation shall not be used as the main residence of any occupant or sold off separately from Dale Farm.  ...  view the full minutes text for item 5.

6.

Planning Application (12/01405/FL) - 80 Commercial Street, Falsgrave, Scarborough pdf icon PDF 143 KB

To consider:

i.          a planning application for erection of 9 No houses, for 3P Holdings Ltd; and

ii.         a report by the Planning Manager (reference 13/151) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i.          a planning application for erection of 9 No houses, for 3P Holdings Ltd; and

ii.         a report by the Planning Manager (reference 13/151).

Mr Rob Harrison, Planning Officer advised that the submitted amended proposals were for the demolition of the existing joinery workshop and offices and erection of 9 terraced 2 storey houses, the original submitted scheme being for 12 flats, including a number of three storey buildings.  The amended design fitted in well with the street scene and although in close proximity to neighbours at the rear of the proposed premises, they reduced the potential for conflict with close neighbours who had expressed concern over the previously proposed flats.

Plans of the site were displayed and the Planning Officer advised that following negotiations with the applicants, solid doors would be installed as opposed to glass ones.  Mr Harrison further advised that at the request of neighbours, the applicant had increased the height of the rear wall to 3 metres – this offered greater security.

Affordable housing was not required as part of the development as plans had been submitted during the Policy changeover.  Whilst no dedicated cycle storage provision was included in the proposals, cycles could be accommodated within yard space available within the properties.

Members commented on the application.  Existing premises were detrimental to the street scene.  Cycles could be accommodated in rear yards – how would these be accessed?  Mr Harrison advised that access would be through the premises and in response to an additional question advised that potentially cycle sheds could be built at the front of the premises- another Member expressed concern at this possibility.  Neighbours wanted higher rear walls – this could make kitchen areas rather gloomy.  Mr Marcus Whitmore, Area Planning Manager (Scarborough and Whitby) advised that the 3 metre rear wall had been agreed by the Applicant with neighbours.  In response to a further question, Mr Whitmore commented that he understood that the passageway at the back of the proposed properties could only be accessed via properties on St. John’s Road.

RESOLVED that 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

            For the avoidance of doubt.

2.         Prior to the commencement of any works on site a method statement for the construction phase, including measures to minimise disruption to residents nearby the site, in both Commercial Street and St John's Road, Scarborough through noise nuisance arising from the use of plant and machinery and delivery of materials and contractors' vehicle parking shall be submitted to and be approved in writing by the Local Planning Authority.  Construction works shall be carried out in strict accordance with the approved details unless otherwise approved in writing by the Local Planning Authority.

            Reason

To safeguard the Local Planning Authority's rights of control in respect of these details in the  ...  view the full minutes text for item 6.

7.

Planning Application (12/02736/FL) - Sainsburys Stores PLC, Falsgrave Road, Falsgrave pdf icon PDF 152 KB

To consider:

i.          a planning application for variation of condition 1 of planning permission 10/02538/FL to allow various minor material amendments to the approved plans for erection of extension of the existing Sainsbury's foodstore, for Sainsbury's Supermarkets Limited (Jennifer Winyard); and

ii.         a report by the Planning Manager (reference 13/162) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i.          a planning application for variation of condition 1 of planning permission 10/02538/FL to allow various minor material amendments to the approved plans for erection of extension of the existing Sainsbury's foodstore, for Sainsbury's Supermarkets Limited (Jennifer Winyard); and

ii.         a report by the Planning Manager (reference 13/162).

The Planning Officer, Mrs Karen Lawton advised that the application sought planning permission for minor material amendments to the approved scheme (10/02538/FL) including slight alteration to the siting of the ATM’s & customer WC facilities, reconfiguration of the café area, extension of the loading area, reconfiguration of shopfront facilities and alteration of the shopfront canopy.  Plans of the site were displayed on screen.  Mrs Lawton further advised that the applicants now intended to install a biomass boiler which alongside PV panels would provide 49% of the extended supermarket’s heating requirements.  An additional condition, number 29 had been added to recommendations conditions for approval.  Applicants would also be required to complete a deed of variation.  Arrangements were also being made to reconfigure parking on site. 

In response to a question “if something was bigger, was something else smaller”, Mrs Lawton responded that the canopy was larger which made for easier access, however there had been no alteration in the retail floor space to be created and the conditions restricting floor areas imposed on the previous permission would be re-imposed on this permission should Members be minded to approve the amendments.

RESOLVED thatpermission be GRANTED, subject to the following condition(s):-

1.         The development hereby granted shall be carried out in accordance with submitted drawings:        

P21 Rev:G - Site Plan

P23 Rev:E - Ground Floor Plan

P24 Rev:C - First Floor Plan

P26 Rev:B - Roof Layout

P28 Rev:C - Elevations

P29 Rev:B - Sections

received on the 22 December 2012, and

706B-02 Rev:F - Landscape Plan (as set out in Condition 1 of  11/01312/FL)

unless any amendment is first approved by the Local Planning Authority.

Reason

For the avoidance of doubt.

2.         The net sales floor area of the store devoted to convenience goods shall not exceed 3,220 sq m.

Reason

In order to limit the impact of the store on the vitality and viability of the town centre and retail stores in neighbouring centres in accordance with RSS Policy E2 and Policy S1 of the Scarborough Borough Local Plan.

3.         The net sales floor area of the store devoted to comparison goods shall not exceed 2,238 sq m and no more than 850 sq m shall be used for the sale of clothing, footwear, jewellery, silverware, watches, clocks and recreational goods.

Reason

In order to limit the impact of the store on the vitality and viability of the town centre in accordance with RSS Policy E2 and Policy S1 of the Scarborough Borough Local Plan.

4.         Unless otherwise agreed by the Local Planning Authority there shall be no in store concessions of an opticians, post office, shoe repairer, keycutter  ...  view the full minutes text for item 7.

8.

Planning Appeals pdf icon PDF 122 KB

To consider a report by the Planning Manager (reference 13/159) attached.

Minutes:

The Committee considered a report by the Planning Manager (reference 13/159) which advised Members of the current planning appeals that have been lodged against decisions of the Borough Council.

Appeal Statistics for 2012/13 year end

Mrs Jill Low, Planning Manager advised that 4 appeals had been allowed out of 15 appeals for the year (26%). The figures did not include appeals in respect of conditions (e.g. the West Garth appeal) or enforcement appeals. If these are added in the figures are 6 allowed out of 20 appeals (30%).

In 2011/12, 28% of appeals were allowed and in 2010/11 17% of appeals were allowed (not including conditions or enforcement appeals). The local performance indicator target was 26% and was based on the original Government definition which excludes conditions and enforcement appeals. The authority has met the local performance target and of those that were allowed at appeal in 2012/13, none were Planning Committee decisions.

The number of appeals received as a percentage of all planning applications received in 2012/13 was quite small at 2.9%, slightly higher than the previous two years, being 2.4 and 2.3%.

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

 

At the invitation of the Chairman, Councillor John Ritchie addressed the Committee prior to the debate on the following agenda item.

 

9.

Review of Neighbourhood Planning pdf icon PDF 120 KB

To consider a report by the Chief Executive (reference 13/157) attached.

Additional documents:

Minutes:

The Committee considered a report by the Chief Executive (reference 13/157) which advised that the Environment and Economy Scrutiny Committee established a Task Group to assess the pros and cons of Neighbourhood Planning (a new approach to land-use planning introduced through the Localism Act 2011) which aimed to assess the implications of such Plans for the Borough Council, and help the Local Planning Authority offer well-informed advice to interested parish councils and community groups. 

Councillor John Ritchie, Chair of the Task Group introduced the report, commenting that the Task Group had learnt a lot from the review.  It was apparent that Neighbourhood Plans would take time to implement and this needed to be recognised by all involved.  Councillor Ritchie commented that the Task Group had received expert advice from both the Planning Advisory Service and Planning Aid England, culminating in a half day review which comprised detailed explanation of the elements and process of Neighbourhood Planning (NP).  Councillor Ritchie added that it had been interesting to take part in the process and he thanked fellow Members of the Task Group, Councillors Allanson and Green and supporting Officers.

Mr David Walker, Forward Planning Manager commenting on the report, advised that the report acknowledged the benefits of NP, whilst recognising its many challenges, in particular since it was the parish council or community group which must bear ultimate responsibility for bringing the Plan to fruition – such a Plan had to go through a transparent process and build in stages of consultation, and inevitably this took time. 

In the light of evidence obtained and guidance available on the web, the Task Group report recommended that the Local Planning Authority adopt an impartial stance towards NP underpinned by four key principles as detailed in section 6 of the Task Group report SCR/13/02. The report also took into account the Council’s forthcoming consultation on the new draft Local Plan and the importance of engaging with local communities through this process.

In conjunction with the organisation Locality’s ‘Neighbourhood Planning Roadmap Guide’ and worksheets, the Task Group recommended that the principles form the basis of a predominantly web based guide on the Council’s website. 

Mr Walker advised that there was a real need for any group embarking on a neighbourhood plan to be very clear about what they wanted to achieve – neighbourhood planning was not the only tool available, and other less resource and time-consuming initiatives were available and could be realistic options to be explored. Mr Walker further advised that all Councillors would receive training on NP.  The Council needed to respond to the wider localism agenda and Officers would be speaking to local communities about their issues and would try and build these into the Local Plan – this could help avoid the need to undertake a NP.  Councillor Ritchie added that it was very necessary to engage with local people and the Task Group report would be very useful information should any Councillors be approached by their community for  ...  view the full minutes text for item 9.

10.

Scarborough Rugby Club - Planning Appeal update

Minutes:

Area Planning Officer (Rural), Mr Nick Read updated Members on progress with regard to the planning appeal by Scarborough Rugby Club and in particular the playing of musical “jingles” at Festivals.  Members debated the issues raised and agreed that delegated authority be given to Officers in consultation with the Chairman and Vice-Chairman to take appropriate action in respect of the appeal, taking into account any advice received from Counsel and acoustic consultants, in the best interests of the Council.

RESOLVED that delegated authority to Officers in consultation with the Chairman and Vice-Chairman to take appropriate action in respect of the appeal, taking into account any advice received from Counsel and acoustic consultants in the best interests of the Council be approved.