Agenda and minutes

Planning & Development Committee
Thursday, 10th April, 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:

All the members present declared an interest in agenda item 4, Planning Application (13/02711/FL) - Land to North of Discovery Way, Whitby since Scarborough Borough Council owned a strip of land over which the application site was accessed.

Councillor Mrs Dorothy Clegg, declared a Personal interest in agenda item 5, Planning Application (13/01991/FL) - 1-3 Spital Bridge, Whitby since Danielle Kipling, her partner and two children, are tenants of Mr W Wilson who owns the two houses on Green Lane.  Danielle Kipling is a part-time employee of Whitby Glass Ltd, at present on extended maternity leave.  Councillor Mrs Clegg is a Director of Whitby Glass Ltd.

All the members present declared an interest in agenda item 6, Planning Application (14/00362/RG3) - Beach Huts, West Cliff, Whitby since the land was in the ownership of Scarborough Borough Council.

All the members present declared an interest in agenda item 7, Planning Application and Listed Building Consent (14/00271/RG4 and 14/00273/LB) - Londesborough Lodge, The Crescent, Scarborough since the building was in the ownership of the Council.

Councillor Amanda Robinson, declared a Personal interest in agenda item 9, Planning Application (14/00398/FL) - Wesley Hall, Moor Lane, Eastfield since she was acquainted with a senior officer of Central Property Developments Ltd.

Councillor Johan Zegstroo, declared a Personal interest in agenda item 9, Planning Application (14/00398/FL) - Wesley Hall, Moor Lane, 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.

Mr David Walker, Planning Services Manager, declared a Personal and Prejudicial interest in agenda item 12, Response of the Borough Council on the Minerals and Waste Joint Plan Issues and Options Consultation undertaken by North Yorkshire County Council, North Yorkshire Moors National Park and City of York Council since his wife worked in the oil and gas industry.

 

2.

Minutes pdf icon PDF 41 KB

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

Minutes:

RESOLVED that the Minutes of the meeting held on 13 March 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 (13/02711/FL) - Land to North of Discovery Way, Whitby pdf icon PDF 193 KB

To consider:

i.          a planning application for erection of a public house/restaurant, 24-Bed lodge/hotel, access, parking and associated works, for Marston's Inns And Taverns; and

ii.         a report by the Planning Services Manager (reference 14/120) attached.

View Plans and Documents

Minutes:

The Committee considered:-

(i)         a planning application for erection of a public house/restaurant, 24 bed lodge/hotel, access, parking and associated works for Marston’s Inns and Taverns; and

(ii)        a report by the Planning Services Manager (Reference 14/120).

Updating the report, the Planning Officer reported that the Parks and Countryside Officer had no objections subject to the retention of the hedgerow.  The Head of Regeneration supported the proposal as it would lever in £4m in investment, jobs and facilities.  A letter had been received from the Planning Inspectorate regarding the Area Action Plan which was currently undergoing the examination process and was read out to the Committee.  In respect of the request by the Council’s Engineers to recalculate the discharge rate into the proposed new culvert and any effect this would have on drainage and car park layout it was noted that a revised plan was expected by next week.  The Planning Officer suggested that the matter be delegated to officers if this application was approved.  Condition 1 and Condition 9 may need to be amended to refer to any new plans.  The Planning Officer recommended that the application be approved subject to the conditions set out in the report and the amendments referred to above in respect of the drainage and plans.

The Legal Advisor to the meeting clarified the declaration of interest that this Council did not own this land but did own a strip of land giving access to this site.

In accordance with the Council’s Public Speaking Scheme Mr Trew (Applicant’s Agent) spoke in favour of the scheme.

Members raised the following:-

  • Was there pedestrian access from the road to the public house?
  • Concerns regarding safety of children in the play area in respect of measures to prevent children from running through gaps in the hedge onto the road.  The Chairman proposed a condition regarding maintenance of the hedgerow.
  • Was the drainage sufficient?
  • Would the lighting affect people’s homes?

In respect of the hedgerow it was proposed that this be included in the landscaping scheme and in respect of children’s safety that there be a condition that measures are in place to reinforce the hedgerow.  The drainage had been resolved to the satisfaction of the Council’s Engineers.  The Planning Officer advised in respect of lighting that as the car park was at the rear of the public house and the windows of the public house were behind the hedge, the lighting would not affect residential properties. 

RESOLVED that permission be GRANTED subject to the conditions as set out in the report, the recalculation of the drainage and revised drainage plans be delegated to officers in consultation with the Chair and Vice Chair of the Committee and the reference to plans in Condition 1 and 9 be amended accordingly and a condition be added regarding the reinforcing of the hedgerow to protect children’s safety and that this be included in any landscaping scheme.

 

5.

Planning Application (13/01991/FL) - 1-3 Spital Bridge, Whitby pdf icon PDF 197 KB

To consider:

i.          a planning application for demolition of existing building and two industrial buildings to rear of site and construction of new building to form 2 x 3 bed and 1 x 2 bed duplex townhouses;  construction of 1 x 2 bed, 2 x 3 bed and 2 x 4 bed terrace houses plus associated car parking, for Open Aspect Property Consultants Ltd; and

ii.         a report by the Planning Services Manager (reference 14/97) attached.

View Plans and Documents

Minutes:

The Committee considered:-

(i)         a planning application for demolition of existing building and two industrial buildings to rear of site and construction of new building on the site frontage to comprise 2 x 5 bed town houses and construction of 2 x 2 bed, 2 x 3 bed and 1 x 4 bed terraced houses to the rear plus associated car parking for Open Aspect Property Consultants Ltd; and

(ii)        a report by the Planning Services Manager (Reference 14/97).

The Planning Officer updated the report regarding the bat survey.  It had not been possible to determine the current bat status from the initial scoping survey and the ecologist had recommended that a bat survey be carried out at dusk from mid-May to August to determine whether there were any roosting bats.  It was recommended that a condition be added for the bat survey to be undertaken prior to any demolition works.  In respect of drainage the Council’s Engineers advised that a condition be imposed regarding the rate of surface water drainage to ensure that the run-off rate remains the same after redevelopment of the site.  Further to Mr Wriglesworth’s comments, the Planning Officer had discussed with the applicant the provision of a gate instead of the proposed collapsible bollards, to which the applicant had agreed – a further condition was recommended to deal with this.  Mrs Poole of 4 Spital Bridge had submitted a letter which was read out to the Committee expressing her concerns on the impact of the redevelopment on her property, although she was not against redevelopment of the site.

The Planning Officer recommended that the application be granted subject to the conditions as set out in the report and subject to a Section 106 Agreement regarding off-site affordable housing and public open space provision;  the wording of the additional condition restricting access to Raft Yard to emergency services and delivery vehicles be dealt with by delegated powers to officers in consultation with the Chairman and Vice-Chairman; conditions in respect of the detailed drainage scheme; a bat survey be undertaken in accordance with the recommendations of the Ecologist; amended plans regarding the obscure glazing and the wording of a condition in respect of obscured glazing if it is determined that this is necessary and amend Condition 9 in respect of retaining structures to make it clear that this relates to all retaining structures not just the newly built ones.

In accordance with the Council’s Public Speaking Scheme, Mr R Forster (on behalf of a neighbour) spoke against the scheme.

Members raised the following:

·        Concerns regarding overdevelopment of site particularly in relation to the number of bedrooms (24) to the number of car parking spaces (8).

·        Difficulties of balancing density of development with car parking.

·        The roof height higher than the original and whether roof of buildings to the rear could be seen and whether buildings to rear could be seen from a different viewpoints?

·        Stability of existing buildings when excavations undertaken

·        Concerns regarding the effect  ...  view the full minutes text for item 5.

6.

Planning Application (14/00362/RG3) - Beach Huts, West Cliff, Whitby pdf icon PDF 146 KB

To consider:

i.          a planning application for the construction of 10 permanent new beach chalets and associated services and  infrastructure at Whitby West Cliff, for Scarborough Borough Council (Mr Alex Richards); and

ii.         a report by the Planning Services Manager (reference 14/96) attached.

View Plans and Documents

Minutes:

The Committee considered:-

(i)         the proposed construction of 10 permanent new beach chalets and associated services and infrastructure for Scarborough Borough Council (Mr Alex Richards);

(ii)        a report by the Planning Services Manager (Reference 14/96)

Updating the report the Planning Officer advised that Yorkshire Water required a condition that no chalet be brought into use prior to the foul drainage scheme being completed in accordance with the submitted details.  This was in relation to water from the sinks.

The Planning Officer recommended that permission be granted subject to the conditions as set out in the report and the condition recommended by Yorkshire Water.

A member asked where the nearest toilet facilities were to the chalets?  The Planning Officer advised that toilet facilities were close by at the Beach Management Centre and the Pavilion Complex.

RESOLVED that planning permission be GRANTED subject to the conditions in the report and a condition that no chalet be brought into use until the foul drainage scheme in respect of discharge had been approved.

 

7.

Planning Application and Listed Building Consent (14/00271/RG4 and 14/00273/LB) - Londesborough Lodge, The Crescent, Scarborough pdf icon PDF 167 KB

To consider:

i.          a planning application & listed building consent for conversion of offices to meditation, health and well-being centre, including residential accommodation, two ancillary flats, tea room, café, training area, yoga, therapy and Buddhist meditation rooms. Installation of lantern roof feature, formation of emergency escape and provision of platform lift, for Kagyu Samye Dzong Scarborough, Rokpa Trust; and

ii.         a report by the Planning Services Manager (reference 14/121) attached.

View Plans and Documents (14/00271/RG4)

View Plans and Documents (14/00273/LB)

Minutes:

The Committee considered:-

(i)         a planning application and listed building consent for conversion of offices to meditation, health and well-being centre, including residential accommodation, two ancillary flats, tea room, café, training area, yoga, therapy and Buddhist meditation rooms.  Installation of lantern roof feature, formation of emergency escape and provision of platform lift for Kagyu Samye Dzong Scarborough, Rokpa Trust; and

(ii)        a report by the Planning Services Manager (Reference 14/121)

Updating the report, the Planning Officer advised that discussions were taking place in respect of the phasing and programming of the works so that essential repairs were completed at an early stage and a timeframe for the works would be agreed as the development progressed.  In this respect the wording of Condition 3 would be amended and the reference to the letter deleted.  The recommendation of the Officer was that Planning Permission and Listed Building Consent be granted subject to the conditions in the report and the amendment of Condition 3 as set out above.

Members raised the following:-

·        Any provision for traffic and car parking?

·        Were there any other comments in relation to the asbestos removal?

·        Had any comments from the Civic Society been received?

The Planning Officer advised that there was a parking area at the front of the building.  Since the redevelopment of the site did not involve major rebuilding works it was not anticipated that there would be any impact on traffic during or after conversion.  No comments had been received from the Civic Society.  Discussions were still taking place in relation to asbestos removal between the applicant and the Conservation Officer and the work would be covered by condition.

RESOLVED that Listed Building Consent and Planning Permission be GRANTED subject to the conditions set out in the report and the amendment to the wording of Condition 3.

 

8.

Planning Application (13/02038/FL) - Muston Windmill (Disused), Muston Road, Filey pdf icon PDF 167 KB

To consider:

i.          a planning application for reinstatement of Muston Windmill and conversion of the interior to a single unit of holiday accommodation, for Mr R Watkinson; and

ii.         a report by the Planning Services Manager (reference 14/131) attached.

View Plans and Documents

Minutes:

The Committee considered:-

(i)         a planning application for reinstatement of Muston Windmill and conversion of the interior to a single unit of holiday accommodation for Mr R Watkinson; and

(ii)        a report by the Planning Services Manager (Reference 14/131).

Updating the report the Planning Officer advised that the applicants had submitted a percolation test and the Council’s Engineer was satisfied with the soakaway.  Condition 10 would be amended to read that the drainage be undertaken in accordance with submitted details.  Other drainage details would be dealt with by way of Building Regulations.

The Planning Officer recommended approval subject to the conditions set out in the report and the proposed amendment to the wording of Condition 10.

In accordance with the Council’s Public Speaking Scheme Mr R Watkinson (the Applicant) spoke in favour of the scheme.

RESOLVED that permission be GRANTED subject to the conditions set out in the report including the amendment to Condition 10.

 

9.

Planning Application (14/00398/FL) - Wesley Hall, Moor Lane, Eastfield pdf icon PDF 166 KB

To consider:

i.          a planning application for erection of 9 no. 3 bedroomed houses, for Central Property Developments Ltd; and

ii.         a report by the Planning Services Manager (reference 14/129) attached.

View Plans and Documents

Minutes:

The Committee considered:-

(i)         a planning application for the erection of 9 no. 3 bedroomed houses for Central Property Developments Ltd; and

(ii)        a report by the Planning Services Manager (Reference 14/129)

Updating the report, the Planning Officer advised that amended plans had been received to relocate the window overlooking The Conifers to the side of the property.  Amended plans had also been received regarding the bin storage collection point.  The Council’s Engineers were satisfied with the drainage.  The applicant had submitted an S106 Agreement for £31,500 for affordable housing.  The original sum of £48,937.50 had been miscalculated by the applicant.

The Planning Officer recommended that the application be granted subject to the conditions set out in the report, the approval of the drainage scheme and the addition of the references of the revised plans to Condition 1.

A member asked why the development was in front of the building line and would this impact on the street scene?  The Planning Officer advised that this would maximise the amenity space and parking area.  Due to the open vista and wide verges on the approach to the development it was felt that there would be no adverse impact on the street scene.

RESOLVED that planning permission be GRANTED subject to the S106 Agreement, the conditions set out in the report and conditions regarding approval of drainage details and amendment to Condition 1 to include the reference to the revised plans.

 

10.

Planning Appeals pdf icon PDF 133 KB

To consider a report by the Planning Services Manager (reference 14/123) attached.

Minutes:

The Committee considered a report by the Planning Services Manager (Reference 14/123) regarding Current Planning Appeals.

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

 

11.

Response of the Borough Council on the DCLG Consultation - Planning Performance and Planning Contributions pdf icon PDF 133 KB

To consider a report of the Director of Service Delivery (reference 14/118) attached.

Minutes:

The Committee considered a report of the Director of Service Delivery (Reference 14/118) regarding the response of the Borough Council on the DCLG Consultation in respect of Planning Performance and Planning Contributions.

The Planning Officer outlined the Government’s proposed changes to Planning Performance and Planning Contributions and the effect on planning both on this authority and nationally, as set out in the report. Updating the report the Planning Officer referred to a Select Committee report which referred to adverse outcomes from the proposals to speed up the number of applications dealt with by local planning authorities.  Working with developers by utilising a PPA or extension of time to resolve issues was a better method for all parties.  However, where those developers were unwilling to enter into these agreements could mean that planning authorities will be penalised which was counter-productive to what the government was trying to achieve.

Members raised the following:

·        Would it be possible to resolve more issues at the outline application stage?

·        Local decision making was being taken away and this should be expressed in the letter.

·        Enforcement issues following departure of Enforcement Officer.

·        Removing S106 Agreements from developments of 10 houses or less would result in affordable housing drying up.

The Planning Officer advised that in respect of planning applications at the outline stage decisions had to be made on information available at the time otherwise a judgement had to be made and after 13 weeks an applicant can appeal.  Best use was made of negotiations to get as much information as possible prior to the application being considered by Committee.

In respect of enforcement the Development Officers had taken on this role as this was the best use of resources and this had recently been approved by this Committee.

RESOLVED that the report be received and the Borough Council respond to the consultation expressing the following concerns:-

(i)         the potential risks of increasing the threshold (initially to 40%) for major applications being determined in the statutory decision-making period before authorities can be placed in ‘special measures,’ in that local planning authorities may be faced with the prospect of cutting short negotiations with applicants and/or taking decisions in advance of full information being received in order to meet national targets, thereby extending the period to gain planning permission;

(ii)        the overall impacts on affordable housing provision in relation to the proposed amendment to revoke the requirement for Affordable Housing Section 106 Contributions on proposals of 10 dwellings or less and for bringing buildings back into use; and

(iii)       the impact of development on local services and facilities should further relaxations on other S106 based contributions be introduced.

Members’ reasons: Increasing the proportion of major planning applications expected to be determined within the statutory target period risks increasing the rate of planning application refusals and subsequent appeals and unnecessary application resubmissions. The amendments proposed in relation to planning contributions will have a significant effect on the ability of the Borough Council to ensure that a rolling  ...  view the full minutes text for item 11.

12.

Response of the Borough Council on the Minerals and Waste Joint Plan Issues and Options Consultation undertaken by North Yorkshire County Council, North Yorkshire Moors National Park and City of York Council pdf icon PDF 147 KB

To consider a report of the Director of Service Delivery (reference 14/117) attached.

Minutes:

The Committee considered a report of the Director of Service Delivery (Reference 14/117) regarding the response of the Borough Council to the Minerals and Waste Joint Plan Issues and Options Consultation undertaken by North Yorkshire County Council, North York Moors National Park and City of York Council.

The Planning Officer outlined the main issues regarding the Minerals and Waste Joint Plan Issues and Options (the Plan) particularly referring to proposed sand and gravel extraction at Seamer Carr, oil and gas extraction and the manner in which Potash had been covered in the Plan.

Members raised the following:-

·        the Plan seemed to pre-empt decisions and all options should be left open to be considered on their own merits.

·        the Plan suggested that the environment outside the National Park was not as important when all proposals should be considered under the same criteria and on their own merit

·        concerned regarding the environmental impact of gas and oil ‘fracking’ particularly in relation to the ground sinking and increased intensity of earthquakes.

·        lack of understanding that NPFF would not control ‘fracking’. A policy in the Minerals Plan would be the stronger option.

·        in respect of the Sustainability Appraisal did officers feel that this was skewed in relation to the National Park?

·        welcomed the opportunity to comment on the Plan

The Planning Officer advised that the Plan should not pre-judge how applications should be determined as tests already existed.  Regarding Potash Officers felt that the Plan should have referred to Potash as a resource, rather than assess the potential of various locational options, with all planning applications being dealt with on their own merit.  In respect of gas and oil extraction this authority would consider the planning implications of amenity and landscape but the process of extracting the oil or gas was controlled by other regulations. In respect of the Sustainability Appraisal the Planning Officer felt the scoring was flawed and was not a basis for the development of policies.

RESOLVED that :-

(i)         the report be received;

(ii)        the contents of the North Yorkshire Minerals and Waste Joint Plan Issues and Options be noted and following comments be made:-

(a)       Whilst generally supportive of the principle of the extraction of minerals close to the markets requiring product the Borough Council objects to the site identified at Seamer Carr for sand and gravel extraction due to its potentially adverse impact on Cayton and Flixton Carrs, the Burton Riggs Site of Importance for Nature Conservation and the network of public rights of way;

            (b)       In noting the limited commercial interest to date in new technologies for oil and gas extraction (including hydraulic fracturing – ‘fracking’) in the Plan area, the Borough Council supports a precautionary approach towards the use of these evolving extraction technologies, reserving the right to comment on individual proposals should they arise;

(c)        The Borough Council raises concerns in relation to the sustainability appraisal of the options and, in particular, the assessment of  ...  view the full minutes text for item 12.