Agenda and minutes

Planning & Development Committee
Thursday, 16th October, 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 Dilys Vine Cluer, declared a Personal interest in agenda item 10, Supplementary Planning Document Relating to Houses in Multiple Occupation and Student Accommodation since she was a private landlord and although she did not currently run any HMOs it was possible that in the future she may run a small one.

 

2.

Minutes pdf icon PDF 32 KB

To approve as a correct record and sign the Minutes of the meeting held on 14 August 2014 and 18 September 2014.  (Minutes attached).

Additional documents:

Minutes:

RESOLVED that the Minutes of the meetings held on 14 August 2014 and 18 September 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 (13/02588/FL) - The White Swan, 1 Church Hill, Hunmanby pdf icon PDF 211 KB

To consider:

i.                 a planning application for conversion of stables into 2 dwellings; hairdresser shop into 1 dwelling; construction of 3 new dwellings in courtyard, for Enterprise Inns Plc; and

ii.                a report by the Planning Services Manager (reference 14/350) attached.

View Plans and Documents

Minutes:

The Committee considered:-

i.        a planning application for conversion of stables into 2 dwellings; hairdresser shop into 1 dwelling; construction of 3 new dwellings in courtyard, for Enterprise Inns Plc; and

ii.        a report of the Planning Services Manager (reference 14/350.

In accordance with the Council’s Public Speaking Scheme Mr David Leybourne (Agent) spoke in favour of the scheme and Mrs Dale Ingram representing Save our Swan (Interested Party) spoke against the scheme.  The Chairman of Hunmanby Parish Council spoke against the scheme as did Councillor Ms Donohue-Moncrieff the Ward Councillor.

RESOLVED that, notwithstanding the recommendation that permission be granted, permission be REFUSED for the following reasons:-

i.        this application is an unsustainable form of development due to the loss of the car park, beer garden and stable building which will undermine the viability of The White Swan, together with the associated implications on the sustainability of this venue as a community asset.

ii.        the Highway Authority objections to the application as the principal means of access to the site is not connected to, laid out or constructed to a standard such that its adoption could occur as a highway maintainable at public expense.  There is no safe access to the highway between the site and the adopted highway.  Clear visibility of 16 metres cannot be achieved along the public highway in either direction from a point 2.0 metres from the carriageway edge measured down the centre line of the access road and consequently traffic generated by the proposed development would be likely to create conditions prejudicial to highway safety.

5.

Planning Application (13/02589/LB) - The White Swan, 1 Church Hill, Hunmanby pdf icon PDF 154 KB

To consider:

i.                 a listed building application for conversion of stables into 2 dwellings; hairdresser shop into 1 dwelling; construction of 3 new dwellings in courtyard, for Enterprise Inns Plc; and

ii.                a report by the Planning Services Manager (reference 14/351) attached.

View Plans and Documents

Minutes:

The Committee considered:-

i.        a listed building application for conversion of stables into 2 dwellings; hairdresser shop into 1 dwelling; construction of 3 new dwellings in courtyard, for Enterprise Inns plc; and

ii.        a report by the Planning Services Manager (reference 14/351).

In accordance with the Council’s Public Speaking Scheme Mr David Leybourne (Agent) spoke in favour of the scheme and Mrs Dale Ingram representing Save our Swan (Interested Party) spoke against the scheme.  The Chairman of Hunmanby Parish Council spoke against the scheme as did Councillor Ms Donohue-Moncrieff the Ward Councillor.

RESOLVED that, notwithstanding the recommendation that permission be granted, permission be REFUSED for the following reason:-

i.        the Listed Building application was considered to be an overdevelopment of the site which had an adverse impact on the visual aspect of the special historic and architectural character of the building to the detriment of the conservation and enhancement of the historic environment within which it was set.

 

6.

Planning Application (14/01404/RG4) - Land and Buildings to the Rear of 31 to 35 The Green, Scalby pdf icon PDF 149 KB

To consider:

i.                 a planning application for erection of detached bungalow with detached garage, for Mr Paul Blackham; and

ii.                a report by the Planning Services Manager (reference 14/349) attached.

View Plans and Documents

Minutes:

The Committee considered:-

i.                 a planning application for erection of detached bungalow with detached garage, for Mr Paul Blackham; and

ii.        a report by the Planning Services Manager (reference 14/349).

Updating the report, the Planning Officer advised members that the applicant had purchased an area of a neighbour’s garden to give the area around the bungalow more space.  Legal Services had confirmed that they had received a unilateral undertaking for affordable housing.

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

 

7.

Planning Application (14/01882/FL and 14/01883/LB) - Market Hall, St Helen's Square, Scarborough pdf icon PDF 154 KB

To consider:

i.                 a planning & listed building consent application for creation of a mezzanine floor to provide mixed use floor space to include (A1 (Retail), A3 (Café/Restaurant) and B1 (Business) Uses, for Scarborough Borough Council (Mr Nick Taylor); and

ii.                a report by the Planning Services Manager (reference 14/333) attached.

View Plans and Documents (14/01882/FL)

View Plans and Documents (14/01883/LB)

Minutes:

The Committee considered:

i.                 a planning & listed building consent application for creation of a mezzanine floor to provide mixed use floor space to include A1 (Retail), A3 (Café/Restaurant) and B1 (Business) Uses, for Scarborough Borough Council (Mr Nick Taylor); and

ii.        a report by the Planning Services Manager (reference 14/333).

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

RESOLVED that planning permission and Listed Building Consent be GRANTED subject to the conditions set out in the report.

 

8.

Planning Application (14/01634/FL) - Land at Botany Way, Whitby pdf icon PDF 167 KB

To consider:

i.                 a planning application for variation to condition 1 on decision 13/02711/FL to allow minor amendments to the lodge, for Marston's Inns And Taverns; and

ii.                a report by the Planning Services Manager (reference 14/352) attached.

View Plans and Documents

Minutes:

The Committee considered:

i.                 a planning application for variation to condition 1 on decision 13/02711/FL to allow minor amendments to the lodge, for Marston's Inns And Taverns; and

ii.        a report by the Planning Services Manager (reference 14/352).

Updating the report the Planning Officer advised that the conditions set out in the report replicated those approved previously except where full details from the applicant had been received in which case the relevant conditions had been updated accordingly.

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

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

 

9.

Adoption of the Whitby Business Park Area Action Plan pdf icon PDF 120 KB

To consider a report of the Head of Service Delivery (reference 14/324) attached.

Additional documents:

Minutes:

The Committee considered a report of the Director of Service Delivery (Reference 14/324) regarding Adoption of the Whitby Business Park Area Action Plan.

The Planning Officer noted an amendment to paragraph 4.4 of the report which should have read that the formal consultation ran from 6 November to 18 December 2013 and not 2014.  A further amendment was noted at paragraph 4.6 which should have read that the Inspector’s report was received on 17 September 2014 and not 2015.

The process had been a lengthy one starting in 2009 and had gone through all the legal stages, including the Planning Inspectorate.  The Action Plan was considered to be robust and safe to adopt as part of the Authority’s Statutory Development Plan.

RESOLVED that:-

i.        the report be received; and

ii.        the Whitby Business Park Area Action Plan, as attached to the report at Appendix 1, be adopted as part of the Authority’s Statutory Development Plan.

Members’ reasons: The need to address current operational limitations of the Business Park and the needs of existing businesses, allied to the potential development of a Potash Mine to the south of Whitby and the potential local opportunities presented by the off-shore wind industry provide an opportunity to bolster the local economy. The adoption of a joint Area Action Plan with the North York Moors National Park Authority covering Whitby Business Park would place the area in a better position to benefit from such investment.

 

10.

Supplementary Planning Document Relating to Houses in Multiple Occupation and Student Accommodation pdf icon PDF 187 KB

To consider a report of the Director of Service Delivery (reference 14/353) attached.

Additional documents:

Minutes:

The Committee considered a report of the Director of Service Delivery (Reference 14/353) regarding the preparation of a Supplementary Planning Document relating to Houses in Multiple Occupation and student accommodation.

RESOLVED that:-

i.        the report be received; and

ii.        officers be delegated powers to undertake a public consultation on planning issues relating to Houses in Multiple Occupation (HMOs) to enable the preparation of Supplementary Planning Document for the Borough.

Members reasons: To ensure that planning policies are up to date and effective when managing the supply and quality of HMOs which would be part of a multi-disciplinary strategy for the Borough.

 

11.

Green Space Supplementary Planning Document - Consideration of Consultation Responses and Recommended Actions pdf icon PDF 160 KB

To consider a report of the Director of Service Delivery (reference 14/343) attached.

 

Additional documents:

Minutes:

The Committee considered a report by the Director of Service Delivery (Reference 13/343) regarding consideration of consultation responses and recommended actions in respect of the draft Green Space Supplementary Planning Document.

RESOLVED that:-

i.        the report be received;

ii.        the consultation responses received in respect of the Draft Green Space Supplementary Planning Document be noted; and

iii.       Cabinet and full Council be recommended to adopt the Green Space Supplementary Planning Document incorporating the suggested changes set out in the report.

Members’ reasons: The National Planning Policy Framework (NPPF) is clear that planning policies should be based on adequate, up-to-date and relevant evidence.  With regard to planning for green spaces, paragraph 73 of the NPPF states that such policies should be based on robust and up-to-date assessments of the needs for open space, sports and recreation facilities and the opportunities for new provision.

The Borough Council’s current approach to planning for green space is set out within the “Negotiation of Play, Greenspace & Sports Facilities in Association with New Housing Developments” Supplementary Planning Document (SPD), which was adopted in 2007.  Much of the information on which the SPD is based is now out of date and has been superseded by two recent pieces of evidence, namely; the “Scarborough Playing Pitch Strategy” (October 2013) and the “Green Space Audit” (May 2014).  As a result, the SPD itself is outdated and must be refreshed in line with the findings of the most recent evidence, as per the requirements of the NPPF.

A replacement SPD, the “Draft Green Space” SPD, was approved for consultation by Cabinet and the Planning and Development Committee in June (report reference 14/155).  Following this approval, a six-week consultation period was completed on the 12 September 2014, with a total number of 19 comments having been received from 7 different consultees.  The consultation process did not raise any substantive concerns from respondents that could not otherwise be addressed through minor alterations to the document (see Officer’s Recommendation in Appendix 1) and as such, it is recommended that the “Green Space” Supplementary Planning Document be adopted by the Borough Council.

 

12.

Current Planning Appeals pdf icon PDF 132 KB

To consider a report of the Planning Services Manager (reference 14/335) attached.

Minutes:

The Committee considered a report of the Planning Services Manager (Reference 14/335) regarding information on current planning appeals that have been lodged against decisions of the Borough Council.  The Planning Services Manager advised members that in respect of appeal reference APL/00002/14, Rambla Nursing Home, the Inspector had taken the view that the extension could be absorbed within the plot without affecting the character of the building.  This appeal was only the second appeal which the Council had lost this financial year.

RESOLVED that:-

i.        the report be received; and

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