Agenda and minutes

Planning & Development Committee
Thursday, 15th May, 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 Watson declared a personal and prejudicial interest in agenda item 5, Planning Application (14/00222/FL) - Allatt House, 5 West Parade Road, Scarborough since his godson, Mr B Thompson was the Managing Director of Thompson Homes, the applicant.

Councillors Allanson, Mrs Cluer and Mortimer each declared a personal interest in agenda item 11, Scarborough Borough Local Plan - Draft for Consultation in their capacity as members of the Sustainability Working Group.

 

2.

Minutes pdf icon PDF 66 KB

To approve as a correct record and sign the Minutes of the meeting held on 10 April 2014 attached.

Minutes:

RESOLVED that the minutes of the meeting held on 10 April 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 (13/01935/FL) - Land at Larpool Lane, Whitby pdf icon PDF 180 KB

To consider:

i.          a planning application for replanning of part of development site (125 dwellings) and associated infrastructure, to include an additional 15 dwellings, to provide for a total of 194 dwellings on the wider site permitted under ref. 11/00213/FL, for Barratt/David Wilson Homes Yorkshire East (Simon Hicks); and

ii.         a report by the Planning Services Manager (reference 14/145) attached.

View Plans and Documents

Minutes:

The Committee considered:

(i) a planning application for replanning of part of development site (125 dwellings) and associated infrastructure, to include an additional 15 dwellings, to provide for a total of 194 dwellings on the wider site permitted under ref. 11/00213/FL, for Barratt/David Wilson Homes Yorkshire East (Simon Hicks); and

(ii) a report by the Planning Services Manager (Reference 14/145).

Updating the report, the Planning Officer advised that the Highway Authority’s concerns in respect of parking provision for a number of the 3 bed properties and visitor parking, and with regard to the planting of trees on the highway in the proposed landscaping scheme had now been satisfied, and could be addressed through condition.  A set of draft conditions had been circulated to members of the Committee. Mr Paul Butler, of Barratt/David Wilson Homes was no longer available to address the Committee in support of the application, but a statement was read on his behalf.  In accordance with the Public Speaking Scheme, Councillor Amanda Smith of Whitby Town Council also addressed the Committee, speaking against the application.  Members then discussed the application raising such issues as potential overdevelopment, surface water drainage, foul drainage, parking provision, new infrastructure and open space provision associated with the application, tree planting and the revised greater provision of affordable housing.  In response, Members were advised that the density of the proposed scheme was at the lower end of the spectrum stipulated in Government guidance.  Both Yorkshire Water and Parks and Countryside Services’ comments were still awaited, but they had made no objections to the earlier application, and the revised scheme was not significantly different.  The proposed surface water attenuation scheme would improve surface water run off on the site.  It was felt that the balance of parking was correct in the proposals. The larger units had driveways with capacity for two parked cars, in addition to the garage, which could not be converted without planning consent.  The number of trees could be maximised and planted appropriately through the landscaping condition.  Members supported the incorporation of an informal play area in the scheme to be included in the Section 106 Agreement.

RESOLVED that permission be GRANTED subject to the completion of a S.106 Agreement, or Deed of Variation in relation to the S.106 Agreement relating to the original planning permission granted under reference 11/00213/FL, to deal with planning obligations as set out in paragraph 7.1 of the report (the original S.106 Agreement can be viewed online on

the Council’s website), and the following conditions which had been circulated to the Committee:

1       The development hereby granted shall be carried out in strict accordance with the submitted plans, as revised by Drwg 10:1014:01 Revision G Planning Layout, unless any amendment is first approved by the Local Planning Authority

 

Reason: For the avoidance of doubt

 

2       Prior to the commencement of the development, details of the phasing of the development shall be submitted to and be approved in writing by the Local Planning Authority demonstrating the  ...  view the full minutes text for item 4.

5.

Planning Application (14/00222/FL) - Allatt House, 5 West Parade Road, Scarborough pdf icon PDF 168 KB

To consider:

i.          a planning application for demolition of Allatt House and erection of 9 terraced houses and a block of 9 flats, for Thompson Homes Ltd; and

ii.         a report by the Planning Services Manager (reference 14/154) attached.

View Plans and Documents

Minutes:

The Committee considered:

(i) a planning application for demolition of Allatt House and erection of 9 terraced houses and a block of 9 flats, for Thompson Homes Ltd; and

(ii) a report by the Planning Services Manager (Reference 14/154).

Updating the report, the Planning Officer advised that the s.106 agreement remained to be finalised with the applicant, and requested delegated authority in conjunction with the Chairman to determine the additional conditions required as per the s.106 agreement.  In reply to Members’ comments, the Planning Officer advised that the development provided the opportunity to replace the existing rather poor trees with better planting, and undertook to arrange a site visit for Members after the development’s completion so they could obtain a better idea of the internal layout and room size of this type of development.

RESOLVED that permission be GRANTED, subject to the completion of a s.106 agreement in relation to the obligations set out in paragraph 5.17 of the report, and the conditions as stated in the report.

 

(In accordance with his declaration in Minute 1, Councillor Watson withdrew from the meeting prior to the debate and determination of the above item)

 

6.

Planning Application (13/02169/FL) - Wayside Farm, Coastal Road, Burniston pdf icon PDF 163 KB

To consider:

i.          a planning application for erection of ground mounted solar photovoltaic panels, for Mr D P Morgan; and

ii.         a report by the Planning Services Manager (reference 14/21) attached.

View Plans and Documents

Minutes:

The Committee considered:

(i) a planning application for erection of ground mounted solar photovoltaic panels, for Mr D P Morgan; and

(ii) a report by the Planning Services Manager (Reference 14/21).

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

 

7.

Planning Application (14/00326/FL) - Rose Garth, St Helen's Lane, Reighton pdf icon PDF 149 KB

To consider:

i.          a planning application for erection of replacement 3 bed house with integrated garage, for Mr Tony Abbs; and

ii.         a report by the Planning Services Manager (reference 14/167) attached.

View Plans and Documents

Minutes:

The Committee considered:

(ii) a planning application for erection of replacement 3 bed house with

integrated garage, for Mr Tony Abbs; and

(ii) a report by the Planning Services Manager (Reference 14/167).

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

 

8.

Planning Application (14/00569/RG4) - Land Adjacent to Existing Coastal Path Shed Cafe, Cayton Bay Beach pdf icon PDF 142 KB

To consider:

i.          a planning application for proposed RNLI Lifeguard unit to be located on new sheet pile and concrete base, for RNLI (Trading) Ltd; and

ii.         a report by the Planning Services Manager (reference 14/146) attached.

View Plans and Documents

Minutes:

The Committee considered:

(i) a planning application for proposed RNLI Lifeguard unit to be located

on new sheet pile and concrete base, for RNLI (Trading) Ltd; and

(ii) a report by the Planning Services Manager (Reference 14/146).

Updating the report, the Planning Officer advised that he had now received details of the proposed building’s finishes (including the colouring) which were to his satisfaction, and therefore condition 3 in the report was no longer required.

RESOLVED that permission be GRANTED, subject to the conditions stated in the report, except condition 3.

 

9.

Planning Application (13/02164/POB) - Reighton House Farm, Church Hill, Reighton pdf icon PDF 91 KB

To consider:

i.          a planning application for discharge a planning obligation in relation to 95/00371/OL, for Mr And Mrs M A Marshall; and

ii.         a report by the Planning Services Manager (reference 14/150) attached.

View Plans and Documents

Minutes:

The Committee considered:

(i) a planning application for variation of a planning obligation in relation to

planning permission 4/1/34G/OL, for Mr And Mrs M A Marshall; and

(ii) a report by the Planning Services Manager (Reference 14/150).

RESOLVED that:

(a) the applicants be invited to enter into a Deed of Variation to clauses C and F of the Section 106 Agreement attached to planning permission 4/1/34G/OL which has the effect of amending the agreement as follows:

(i) Not to allow the keeping or rearing of pigs as part of any farm or commercial business on the specified area.

(ii) Not to use the specified land for the storage of farm machinery, materials or produce, except within the existing agricultural building on the land; and

 

(b) in the event that the applicant does not enter into a Deed of Variation as set out above, the requested amendments to the Section 106 Agreement attached to planning permission 4/1/34G/OL be refused for the reasons set out in paragraphs 4.1 to 4.8 of the report.

 

10.

Planning Appeals pdf icon PDF 135 KB

To consider a report by the Planning Services Manager (reference 14/147) attached.

Minutes:

The Committee considered a report by the Planning Services Manager (Reference 14/147) in respect of current planning appeals that had been lodged against decisions of the Borough Council.  Members were advised about Appeal reference APL/00030/13 concerning 60 Westborough, Scarborough, which had been partially upheld.  Further details would be reported to the next meeting.

RESOLVED that:

(i)                 the report be received; and

(ii)               progress with current appeals and recent appeal decisions be noted.

 

11.

Scarborough Borough Local Plan - Draft for Consultation pdf icon PDF 184 KB

To consider a report by the Planning Services Manager (reference 14/133) attached.

Additional documents:

Minutes:

The Committee considered a report by the Director of Service Delivery (Reference 14/133) which sought Members’ approval of the draft Scarborough Local Plan to go out to public consultation.  In the accompanying presentation, Members were reminded about the Local Plan’s history through various legislative changes, and the key issues facing the Borough, including the housing requirement which over the Plan period amounted to 9215 dwellings. This figure took into account the likely impact of the Potash Mine, if that scheme were approved, and included extant permissions and completions since 2011.  Other policies covered in the Plan related to such matters as employment sites, tourism, transport, renewable energy provision and retail and town centres.  Regarding the latter, a proposed amendment to Policy TC2 in the draft Plan was tabled at the meeting, which amended the policy to cover  the Borough’s ‘district centres’ including  Ramshill, Falsgrave, Eastfield and Hunmanby.  Members then asked questions about the Plan and the consultation exercise.

RESOLVED that:

(i) Members agree to the publication of the Draft Scarborough Borough Local Plan for public consultation, incorporating the amendment to Policy TC2 tabled at the meeting; and

(ii) any substantive changes to the documents arising from Members’ discussions be subsequently cleared with Chair of Planning and Development Committee and the Portfolio Holder for Strategic Planning and Regeneration prior to publication.

 

Reasons

The Planning and Compulsory Purchase Act (2004) and the National Planning Policy Framework (NPPF) require local planning authorities to prepare local plan (formerly local development framework) documents that form part of the statutory development plan and are the basis for land use decisions, allocations and the determination of planning applications.

 

A fundamental requirement of the local plan preparation process is widespread community and stakeholder engagement. This decision will allow the Plan to be published for consultation for a period of 10 weeks, the results of which will be reported back to Members prior to the finalisation of the document.

 

12.

Whitby Conservation Area - Article 4(1) Direction (Solar) and Addition of The Ropery pdf icon PDF 210 KB

To consider a report by the Planning Services Manager (reference 14/160) to be attached.

Additional documents:

Minutes:

The Committee considered a report by the Director of Service Delivery (Reference 14/160) which sought (i) Members’ approval of an Article 4(1) Direction in respect of solar PV and solar thermal installations on certain properties in Whitby; and (ii) Members’ endorsement to include The Ropery within the Whitby Conservation Area.  The latter recommendation would be referred to the Cabinet and then to full Council for final decision.  In the accompanying presentation to the Committee, the Conservation Officer highlighted an amendment to his report, namely at paragraph 1.2, where he had referred only to installations on roofs of non-residential properties facing ‘highways’ which still required planning permission.  In fact, according to the General Permitted Development Order, this restriction applied to roofs facing a ‘relevant location’ which could mean highway, waterway or open space.  In respect of the proposal to extend Whitby Conservation Area, Members were advised that in addition to the consultations outlined in the report, the Conservation Officer had also been invited to give presentations to both the Whitby Civic Society and Whitby Town Council. Many questions were asked on both these occasions including substantive issues which were collated into a set of frequently asked questions included at Annex 4 in the report and on the Council’s website.  Further, he clarified that he had written to 491 residents when confirming the new Whitby Conservation Area Boundary Character Appraisal, not 500 as stated in the report, but had also written to 14 consultees, and to a total of 55 residents of The Ropery.  Taking into account 31 site notices, he added that this had been an extensive and thorough consultation exercise.

RESOLVED that:

(a)               The Planning and Development Committee agrees that a Direction under Article 4(1) of the Town and Country Planning (General Permitted Development) Order 1995 be made, to restrict permitted development rights over Solar PV and Solar thermal installations on prominent roofs within key views of Whitby Abbey, the Abbey Headland and the East and West sides of Whitby Harbour, as shown in the draft direction map at Annex 1 to the report: and

(b)               Delegated Authority be granted to the Planning Services Manager to formally confirm the Article 4(1) Direction on or after 8 July 2014, subject to there being no substantively different issues being raised during the statutory consultation period than hadbeen considered so far in this report or subsequent verbal committee update.

(c)               Cabinet refers to Full Council, to agree the extension of the Whitby Conservation Area boundary, to include The Ropery as shown in the map at Annex 2 to this report; and

(d)               The Whitby Conservation Area Appraisal and Management Plan and Policy RMP16A be updated, following local consultation, in line with the key characteristics of “The Ropery” as identified in the report at paragraph 5.13.

 

Reasons

(a)               The Local Planning Authority has a duty to preserve and enhance the character and appearance of conservation areas.  Article 4 Directions are an additional planning tool which can be used  ...  view the full minutes text for item 12.