Agenda and minutes

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

Venue: Town Hall, Scarborough

Contact: Christine Armitage, 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 Amanda Robinson, declared a Personal and Prejudicial interest in agenda item 6, Planning Application (13/01352/RG4) - Proudfoots, High Street, Eastfield since her husband was employed as a Director of a company who was a supplier to supermarkets.

Councillor Johan Zegstroo, declared a Personal interest in agenda item 6, Planning Application (13/01352/RG4) - Proudfoots, High Street, Eastfield, since he was a Parish Councillor for Eastfield but did not sit on the Parish Council Planning Committee or vote on the minutes of Parish Council Planning meetings.

 

2.

Minutes pdf icon PDF 42 KB

To approve as a correct record and sign the Minutes of the meeting held on 13 February 2014.  (Minutes attached).

Minutes:

RESOLVED that the Minutes of the meeting held on 13 February 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 (13/02668/FL) - Blue Anchor Road, Moor Road, Filey pdf icon PDF 156 KB

To consider:

i.          a planning application for development of 21 no. single storey holiday homes, for Essential Vivendi Ltd (Mr Wayne Low); and

ii.         a report by the Planning Services Manager (reference 14/91) attached.

View Plans and Documents

Minutes:

The Committee considered:-

i.        a planning application for development of 21 no. single storey holiday homes, for Essential Vivendi Ltd (Mr Wayne Low); and

ii        a report by the Planning Services Manager (Reference 14/91).

Members raised the following issues:-

·                    that surface water should be taken away from the site and not allowed to drain away to the cliffs;

·                    a condition be put on the 11 trees referred to in paragraph 6.6 that they be replaced like for like as the roots helped with the condition of the land.  Also questioned whether at condition 7, the replacement trees or shrubs should be of the “same species or size” and shouldn’t this read “same species and size”?  The Committee was advised that it was often better to plant whips as the cliff top was a harsh location for vegetation to survive but advice would be sought from Countryside Services;

·                    the layout of this phase was unimaginative and regimented and the design of the units lacked variety;

·                    considered whether the application should be refused on design and impact on visual amenity.

·                    the Committee was advised that variation in the properties through owners having extensions would not occur as permitted development rights could be removed.

·                    the layout on future phases of the site may be comprised if this layout was accepted.

Members did appreciate the quality of the earlier phases of development.  A member proposed that this scheme be recommended for approval.  The proposal was seconded and on being put to the vote was lost.

RESOLVED that notwithstanding Officers recommendation for planning permission to be granted, planning permission be REFUSED due to the uniform dwelling types and unimaginative layout with lack of interest which was out of character with the area and contrary to Local Plan Policies E2, The Coastal Zone and E12 Design of New Development and the design principles of the National Planning Policy Framework.

 

5.

Planning Application (13/02605/FL) - Redcliffe Lane, Lebberston pdf icon PDF 149 KB

To consider:

i.          a planning application for proposed free range chicken layer shed, hopper, hard standing and access track, for M And D Brown; and

ii.         a report by the Planning Services Manager (reference 14/92) attached.

View Plans and Documents

Minutes:

The Committee considered:-

i.          a planning application for proposed free range chicken layer shed, hopper, hard standing and access track, for M and D Brown; and

ii.         a report by the Planning Services Manager (Reference 14/92).

Updating the report, the Planning Officer advised that the Highway Authority had no objections subject to conditions, the Council’s Engineers had made recommendations regarding surface water drainage and Countryside Services had made recommendations with regard to landscaping.

The Planning Officer’s recommendation was that permission be granted subject to the conditions set out in the report plus conditions regarding drainage, highways and landscaping.

Members raised the following issues:-

·               in respect of landscaping there was differing opinions amongst members regarding species of tree planting.  A condition was proposed requiring gapping up the hedgerow.

·               the road leading to the farm was the old A165 and members were satisfied with the proposed access arrangements; and

·               when the 13 month change over occurred there would be a lot of vehicle movements to transport the chickens.  The Planning Officer advised that this involved only one or two visits by an HGV.

RESOLVED that permission be GRANTED subject to the conditions set out in the report plus conditions in respect of landscaping (including a condition in respect of filling gaps in the hedgerow), access (including an informative regarding there being no mud deposits on the highway) and drainage.

 

6.

Planning Application (13/01352/RG4) - Proudfoots, High Street, Eastfield pdf icon PDF 182 KB

To consider:

i.          a planning application for construction of 2 no. augmented entrance ways and additional car parking for Proudfoot Eastfield store, for The Proudfoot Group (Mr Ian Proudfoot); and

ii.         a report by the Planning Services Manager (reference 14/94) attached.

View Plans and Documents

Minutes:

The Committee considered:-

i.        a planning application for construction of 2 no. augmented entrance ways and additional car parking for Proudfoot Eastfield store, for The Proudfoot Group (Mr Ian Proudfoot); and

ii.       a report by the Planning Services Manager (Reference 14/94).

Updating the report, the Planning Officer referred to the objections to the revised proposal from Yorkshire Water which had been received and was read out to the meeting.  On the basis of those proposals the Planning Officer was not in a position to recommend approval.  The Planning Officer advised that the applicants had requested the determination of the application be deferred to allow the concerns of Yorkshire Water to be resolved.  The Planning Officer recommended that the application be deferred but suggested to members that before reaching a decision, they should take the public speakers comments into account, consider the principle of the application and decide whether any other issues needed resolving.

In accordance with the Council’s Public Speaking Scheme Mr C North (Neighbour) spoke against the scheme and Councillor Mrs Parsons (Eastfield Parish Council) reported the concerns of the Parish Council.

The Chairman proposed deferral of the application.

Members raised the following:-

·               why was the car park being extended when it was never full?

·               doubted that the proposed footpaths running across the car park would improve public safety.

·               asked whether the access to the service bay had changed?

·               Questions requesting confirmation of the height of the tower and impact of overshadowing?

·               whether the existing trees would be cut down? 

·               whether the alterations to the building could be considered separately to the car park?

·               whether any cycle spaces were to be provided in the car park?

The Planning Officer advised that the direction of the tracking of the sun would not lead to the towers causing significant shadowing for the occupiers of the flats opposite, the existing trees would be cut down and replaced and there was no provision for cycle spaces on the car park side.

Members debated whether to refuse the application or defer it.

RESOLVED that, notwithstanding the Planning Officer’s recommendation to defer the application, planning permission be REFUSED for the following reasons:-

i)       the objections of Yorkshire Water in respect of flooding downstream and clearance of existing mains sewers

ii)      the principle of the car park extension and the consequent loss of public open space which would have an adverse impact on the amenity of the area.

iii)     unjustified increase in the number of car parking spaces encouraging journeys by car making the development unsustainable.

iv)           that delegated authority be given to include any sustainable objections from the Highway Authority if these were received.

The reasons for refusal to be drafted in consultation with the Chairman.

 

(In accordance with her declaration in Minute 1, Councillor Mrs A Robinson withdrew from the meeting prior the debate and determination of this item.)

 

7.

Planning Application (13/02684/HS) - 1 Linden Road, Scalby pdf icon PDF 147 KB

To consider:

i.          a planning application for Extension to first floor gable end, for Mrs Angela Hartley; and

ii.         a report by the Planning Services Manager (reference 14/74) attached.

View Plans and Documents

Minutes:

The Committee considered :-

i.        a planning application for extension to first floor gable end for Mrs Angela Hartley; and

ii.       a report by the Planning Services Manager (Reference 14/74).

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

 

8.

Planning Appeals pdf icon PDF 140 KB

To consider a report by the Planning Services Manager (reference 14/85) attached.

Minutes:

The Committee considered a report of the Planning Services Manager (Reference 14/85) in respect of current planning appeals that had been lodged against decisions of the Borough Council. 

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

 

9.

Response of the Borough Council on the East Riding Local Plan: (1) Proposed Submission Strategy Document, and (2) Proposed Submission Allocations Document pdf icon PDF 113 KB

To consider a report by the Planning Services Manager (reference 14/84) attached.

Minutes:

The Committee considered a report of the Planning Services Manager (Reference 14/84) regarding the response of the Borough Council on the East Riding Local Plan Proposed Submission Strategy Document and Proposed Submission Allocations Document.

Members raised the following:-

  • noted the uniqueness of the Wolds
  • why was there a need for additional pitches for gypsies and travellers in the East Riding and not Scarborough Borough and were concerned that appropriate provision was being made for gypsies and travellers between the two authorities

The Planning Services Manager advised that East Riding District Council had looked into applying to Natural England for the designation of the Wolds as an Area of Outstanding Natural Beauty. This has not been formally determined as yet but it was likely that it would not progress. 

The Planning Officer advised that a Gypsy and Traveller Study had been undertaken within Scarborough Borough which confirmed there was no demand for pitches.  East Riding has, however, identified a need for further pitches and they are looking to make provision for these in their Local Plan documents.  It was also noted that different groups of travellers attended the Horse Fair in Seamer and Whitby Regatta and that their needs were catered for by Environmental Services.

RESOLVED that:-

i)       the report be received;

ii)      the contents of the East Riding Local Plan Proposed Submission documents be noted and a response be submitted supporting the documents in relation to their legal compliance, soundness and duty to co-operate.

Members reasons: to ensure that this Council works with its adjoining neighbours in meeting its responsibilities under the Duty to Co-operate as set out in the Localism Bill, thereby ensuring ‘cross boundary’ planning policy is formulated in a joined-up manner.