Agenda and minutes

Planning & Development Committee
Thursday, 13th February, 2014 1.00 pm

Venue: Town Hall, Scarborough

Contact: Christine Armitage, Electoral & Democratic Services Officer 

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 Brian Francis Watson, declared a Personal and Prejudicial interest in agenda item 4, Planning Application (13/02156/FL) - 7 Murray Street, Filey since his godson, Mr B Thompson, was the Managing Director of Thompson Homes (the applicant).

 

 

2.

Minutes pdf icon PDF 49 KB

To approve as a correct record and sign the Minutes of the meeting held on 23 January 2014.  (Minutes attached).

Minutes:

RESOLVED that the Minutes of the meeting held on 23 January 2014 be approved as a correct record and signed by the Chairman.

 

3.

Public Question Time

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

Minutes:

The Chairman reported that no public questions had been received.

 

4.

Planning Application (13/02156/FL) - 7 Murray Street, Filey pdf icon PDF 145 KB

To consider:

i.          a planning application for erection of 5 Terraced houses, for Thompson Homes;

ii.         a report by the Planning Services Manager (reference 14/66) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i.          a planning application for erection of 5 Terraced houses, for Thompson Homes and;

ii.         a report by the Planning Services Manager (reference 14/66).

The Planning Officer reported the contents of a written representation from Councillor S Cross, a Ward Councillor for Filey.  The Planning Officer advised that while the applicant owned the whole of the former Police Station Site the applicant had submitted an application for part of the site, which they were entitled to do, and the application had to be considered by the Committee on its merits.  Updating the report, the Planning Officer recommended that a Public Open Space contribution of £4,945 be allocated specifically towards the Glen Gardens Play Area, which would meet the conditions of the Community Infrastructure Levy.  In respect of Filey Town Council’s comments any issues regarding covenants on the land would be a civil matter.  In respect of the mast a planning application was being considered to relocate it.  The Planning Officer recommended that the application be granted subject to the conditions as set out in the report and a legal agreement to secure the affordable housing provision and public open space contribution.

In accordance with the Council’s Public Speaking Scheme, Town Councillor K Wilkie spoke against the application.  Councillor M Cockerill spoke against the scheme in his capacity as Ward Councillor before members commenced their debate on the item.

For clarification the Planning Officer advised that Environmental Services had been consulted regarding bin storage but no comments had been received.  Planning Officers considered that the proposed arrangements for storage and collection would not cause undue nuisance to third parties or refuse collectors.  In respect of the loading bay, this was a loading bay only and not a designated bus stop.

Members were concerned about the impact the proposed development would have on the former Police Station building and whether they could take this into consideration in their debate?  The Area Planning Manager (Rural) advised that the Committee could consider the impact on the surrounding area and any potential conflict with other users of the site.  The former Police Station building status was a non designated heritage asset, it was not a listed building, nor located within a Conservation Area.  There was a variety of uses that the former Police Station building could be put to without detriment to this application.  The Highways Authority had confirmed that if the former Police Station building was used for retail it could be serviced from the front of the building.  Although Planning Officers would have preferred a comprehensive scheme for this site, the application as had been submitted was not prejudicial to future uses of the former Police Station building, other than as stated in the report, uses such as hot food takeaway, pub or nightclub.

Members had concerns about the bins being left on the access road and areas for bins storage.  The Area Planning Manager (Rural) advised that Condition 4 in the report, to ensure satisfactory and convenient  ...  view the full minutes text for item 4.

5.

Planning Application (13/02124/FL) - Land to Rear of 31-33 Main Street, Seamer pdf icon PDF 123 KB

To consider:

i.          a planning application for Conversion and alteration of 2 no. existing commercial buildings to form 2 no. dwellings and Demolition of 6 no. existing commercial buildings to allow erection of 7 no. new dwellings; and

ii.         a report by the Planning Services Manager (reference 14/71) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:-

i.         a planning application for conversion and alteration of 2 no. existing commercial buildings to form 2 no. dwellings and demolition of 6 no. existing commercial buildings to allow erection of 7 no. new dwellings; and

ii.         a report by the Planning Services Manager (reference 14/71).

Updating the report, the Area Planning Manager advised that there had been no response from the County Archaeologist.  This would be followed up and a condition included to allow for an archaeological survey if appropriate.  In respect of the contribution for affordable housing this would be £95,000 as set out in the report.  The Public Open Space contribution of £14,500 would be allocated to upgrading the Village Green and play area.  The Area Planning Manager recommended a list of conditions to be added to any permission that may be given.  In accordance with the Council’s Public Speaking Scheme, Mr T Caithness (Agent), spoke in favour of the scheme.  A Member asked if there was any condition relating to protected species?  The Area Planning Manager (Rural) advised that an ecology report had been submitted which included the provisions of bird boxes and that demolition of buildings should not take place during the bird breeding season.

Responding to Members’ questions, the Area Planning Manager (Rural) advised that chimney pots had not been included on the former barn in keeping with the agricultural nature of the development.    There was no requirement for street lighting on the private drive or for the drive to be adopted.  The Highways Authority had no objections to access via Pasture Lane, which would benefit from not being used by HGVs from the previous haulage business.   A Member asked about access from the three properties to the rear of the scheme to the road at the front.  The Area Planning Manager (Rural) advised that a condition be added to maintain pedestrian access on to Main Street.

RESOLVED that permission be granted subject to a legal agreement and the conditions as recommended at the meeting.

 

6.

Review of Planning Enforcement Strategy pdf icon PDF 177 KB

To consider a report by the Planning Services Manager (reference 14/67) attached.

Minutes:

The Committee considered a report by the Planning Services Manager (Reference 14/67) regarding a review of the Planning Enforcement Strategy (the Strategy).  The draft Planning Enforcement Strategy was appended to the report.

The Planning Services Manager reported that Planning Services were currently operating without an Enforcement Officer.  This had presented an opportunity to review enforcement procedures from the initial complaint to investigations.  The enforcement work had been taken on by the Development Management Officers.  This had made efficiencies as the Officers could visit as part of their work on site and had broadened the Officers’ expertise.  A further trial period for Development Management Officers to undertake enforcement work was proposed, with enforcement work accounting for 20% of officer time.  Efficiencies were further being utilised in that other Council Officers, who already go out into the community, were being asked to look at sites.

The current Enforecement Strategy had been in place since 2006 and officers had taken the opportunity in reviewing the Strategy to outline what enforcement is and the Council’s priorities for enforcement.  There would be more rigorous procedures in considering initial complaints and determining whether they were a planning matter and whether investigation was required.  The Strategy would be available on the website and a paper copy would also be available.  It was noted that the new methods were not purely budget saving, there were other benefits in exploring the options and the recommendation was that this be trialled for the next six months.  Enforcement was also a Key Performance Indicator and the Planning Services Manager advised that the KPIs would be reviewed to ensure they were pertinent to the work of the Committee.

A member referred to the current situation with a planning matter in Whitby.  The Planning Services Manager advised that this was being looked at by officers and would come back to this Committee.  Members commented on the frustrations of the previous system and asked for an evaluation of the six month trial period.  Members also commented that three working days was too short to determine an initial complaint.  The Area Planning Manager (Rural) advised members on the sanctions that could be imposed via the enforcement procedure.  Members also wished to receive information regarding complaints in their particular ward.  The Planning Services Manager advised that enforcement complaints had to be kept confidential.  All existing cases had been allocated to the Development Management Officers.  The Planning Services Manager advised that the six month trial period would commence from 1 April 2014 and an evaluation would be reported to this Committee.

RESOLVED that:-

(i)           the report be received and the procedural changes be noted;

(ii)         the Planning Enforcement Strategy be approved subject to the amendment to acknowledge complaints from three working days to five working days.

(iii)       Development Management Officers undertake the enforcement cases for a six month trial period commencing from 1 April 2014.

(iv)        an evaluation to be brought to this Committee at the conclusion of the trial period.

Members reasons: The Planning Enforcement  ...  view the full minutes text for item 6.

7.

Planning Appeals pdf icon PDF 137 KB

To consider a report by the Planning Services Manager (reference 14/67) attached.

 

Minutes:

The Committee considered a report by the Planning Services Manager (Reference 14/67) in respect of current planning appeals that had been lodged against decisions of the Borough Council. 

Appeal Reference APHH/00024/13 - Old Inn Farm, Main Street, Folkton.  Updating the Committee, the Area Planning Manager (Rural) reported that the Inspector had supported the Planning Officers’ stance that the intrinsic character of the small cottage should remain.  The Inspector had considered claims to account for the appellant’s children, although this consideration did not outweigh the fact that it was a listed building.  It was noted that government advice was that personal circumstances should not normally be taken into account in determining planning appeals.  Members commented favourably on the dismissal of costs in this case.  A Member commended the Area Planning Manager (Rural) and his team for the work done in relation to the Rugby Club.

RESOLVED that the report be received and progress with appeals and decisions made noted.