Agenda and minutes

Planning & Development Committee
Thursday, 13th November, 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 Mrs Jane M Kenyon-Miller, declared a Personal interest in agenda item 4, Planning Application (14/01376/OL) - Land to the South and West of Sneaton Castle Farm, Castle Road, Whitby since she was a governor of Stakesby School.

Councillor Dilys Vine Cluer, declared a Personal interest in agenda item 5, Planning Application (14/01122/OL) - Green Gables Private Hotel, West Bank, Scarborough since she knew one of the objectors.

Councillor Dilys Vine Cluer, declared a Personal interest in agenda item 7, Planning Application (14/02002/RG4) - Sands Water Park, Burniston Road, Scarborough since she knew one of the objectors.

Councillor Martin Smith, declared a Personal and Prejudicial interest in agenda item 7, Planning Application (14/02002/RG4) - Sands Water Park, Burniston Road, Scarborough since he was the substitute member of the Licensing Sub-Committee when the Licence for the Sands Water Park was granted.

Councillor Brian Francis Watson, declared a Personal and Prejudicial interest in agenda item 8, Planning Application (14/01851/FL) - 7 Murray Street, Filey since Mr B Thompson, the Applicant, was his godson.

Councillor Godfrey W Allanson, declared a Personal interest in agenda item 9, Planning Application (14/01141/OL) - Electricity Building, Filey Road, Gristhorpe. since he represented Scarborough Borough Council on the Vale of Pickering Internal Drainage Board.

 

2.

Minutes pdf icon PDF 50 KB

To approve as a correct record and sign the Minutes of the meeting held on 16 October 2014.  (Minutes attached).

Minutes:

RESOLVED that the Minutes of the meeting held on 16 October 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 (14/01376/OL) - Land to the South and West of Sneaton Castle Farm, Castle Road, Whitby pdf icon PDF 319 KB

To consider:

i.                 a planning application for development of up to 246 dwellings and 80 bed care home, for S Harrison Developments Ltd/Tees Valley Housing Association; and

ii.                a report by the Planning Services Manager (reference 14/377) attached.

View Plans and Documents

Minutes:

The Committee considered:-

i.        aplanningapplicationfordevelopmentofup to 246dwellingsand 80bed carehome,forS HarrisonDevelopmentsLtd/TeesValleyHousingAssociation;and

ii       a reportby thePlanningServicesManager (reference14/377).

Updating the report the Planning Officer advised that a further letter of objection had been received since the Committee report was published.  The letter had not raised any new issues.  Members had also received letters from Mrs Barker of 6 Runswick Avenue, on behalf of an informal group of Whitby residents and a letter from the applicants which included a letter regarding the proposed affordable housing addressed to the Council’s Housing Manager.

There was a correction to paragraph 1.9 of the report regarding the mix of dwellings which should have read 126 no. two bedroom houses and 77 no. three-bedroomed houses.  In respect of Paragraph 2 of the report regarding Screening Opinion it was noted that the applicants had submitted a formal screening request to Planning Services who determined that no environmental impact assessment was required and this was notified to the applicants by letter on 12 March 2014.

The Planning Officer updated the meeting with regard to the proposed drainage of surface water by gravity from the site, following a query raised at the Site Visit and confirmed that Yorkshire Water, the Environment Agency and the Council’s Engineers were satisfied with the strategy for drainage from the site.  The meeting was also notified of an e-mail from the applicants’ Environmental Engineers who undertook the site investigation which included a COSHH assessment advising a course of action should excavations on the site reveal a buried animal carcass.

In accordance with the Council’s Public Speaking Scheme Mr C Hale and Mr M Hawthorne (Applicants) spoke in favour of the scheme, sharing the three minute time slot.  Mrs Helen Barker (Resident) spoke against the Scheme.  Councillor John Freeman, (Whitby Town Councillor) spoke against the scheme.  Ward Councillors Chance and Mrs Kenyon-Miller spoke against the scheme.

Members raised queries regarding matters set out in the report and considered the following matters:-

·       the need for affordable housing in Whitby

·       traffic congestion, vehicle movements, access and egress from the site, Park & Ride scheme and parking

·       drainage

·       care home needs in Whitby

·       awareness of procedures for dealing with any possible Anthrax on the site

·       landscape impacts

·       impacts on the stone boundary wall and views towards Sneaton Castle

·       open space, play and sports

·       planning policy and guidance in relation to this  ...  view the full minutes text for item 4.

Councillor Blackburn proposed a motion that items on the agenda without public speakers be deferred.  The motion was seconded and on being put to the vote the motion was lost.

 

5.

Planning Application (14/01122/OL) - Green Gables Private Hotel, West Bank, Scarborough pdf icon PDF 156 KB

To consider:

i.                 an outline application for demolition of existing hotel and construction of dwellings and apartments and conversion of end terrace property to flats, for Green Gables Partnership; and

ii.                a report by the Planning Services Manager (reference 14/368) attached.

View Plans and Documents

Minutes:

The Committee considered:-

i.        an outline application for demolition of existing hotel and construction of dwellings and apartments and conversion of end terrace property to flats, for Green Gables Partnership; and

ii.        a report by the Planning Services Manager (reference 14/368).

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

RESOLVED that permission be GRANTED subject to the completion of a S106 Agreement, the conditions set out in the report and addition of an informative to consider including a turning area for vehicles.

 

6.

Planning Application (14/01755/FL) - Edgehill Redevelopment Site, Land at Seamer Road, Scarborough pdf icon PDF 165 KB

To consider:

i.                 a planning application for variation of condition 24 on decision 07/01917/FL for residential development to amend approved layout to provide for 1 no. additional dwelling on this site (85 dwellings in total) and to amend elevational treatment of dwellings, for Guild Homes (IOM) Ltd (Mr David Wormald); and

ii.                a report by the Planning Services Manager (reference 14/378) attached.

View Plans and Documents

Minutes:

The Committee considered:-

i.      a planning application for variation of condition 24 on decision 07/01917/FL for residential development to amend approved layout to provide for 1 no. additional dwelling on this site (85 dwellings in total) and to amend elevational treatment of dwellings, for Guild Homes (IOM) Ltd (Mr David Wormald); and

ii.      a report by the Planning Services Manager (reference 14/378).

In accordance with the Council’s Public Speaking Scheme, Councillor Ritchie, Ward Councillor, spoke in favour of the scheme.

RESOLVED that permission be GRANTED subject to a S106 Agreement to include the sum of £50,000 contribution for a play area, conditions that replicate those of the original planning permission, subject to any amendments, omissions or additions with the approval of the Chair.

 

7.

Planning Application (14/02002/RG4) - Sands Water Park, Burniston Road, Scarborough pdf icon PDF 162 KB

To consider:

i.                 a planning application for variation of condition 35 relating to opening hours approved under reference 11/01844/FL, for Benchmark Leisure Ltd; and

ii.                a report by the Planning Services Manager (reference 14/370) attached.

View Plans and Documents

Minutes:

The Committee considered:-

i.      a planning application for variation of condition 35 relating to opening hours approved under reference 11/01844/FL, for Benchmark Leisure Ltd; and

ii.      a report by the Planning Services Manager (reference 14/370).

Updating the report the Planning Officer reported that three further objections had been received from Mr James, Mr Swain and Mrs Holmes.  The issues raised included noise from extractor fans, the decision making powers of the Committee had been exceeded and there were factual errors in the report.  The Planning Officer responded that noise issues were covered by existing conditions and were more restrictive after 11.00 pm, the conditions stood and there was no reason to delay any matter and the report had been fully checked and there were no factual errors.  It was noted that legal advice was to reissue the conditions attached to the earlier consent together with a Deed of Variation to attach the new planning permission to the earlier S106 Agreement.  In relation to the conditions imposed by licensing and the conditions imposed by the Planning Committee the Legal Advisor advised the meeting that the most restrictive conditions would apply.

Councillor Cluer moved that the application be refused and this was seconded by Councillor Ward.  On being put to the vote the motion was lost.

RESOLVED that, third party representations having been considered, permission be GRANTED subject to the conditions set out in the report.

 

In accordance with his declaration in Minute 1, Councillor Smith withdrew from the meeting prior to the debate and determination of this item.)

 

8.

Planning Application (14/01851/FL) - 7 Murray Street, Filey pdf icon PDF 172 KB

To consider:

i.                 a planning application for demolition of old police station and construction of a retail unit with 4 apartments above, for Thompson Homes (Mr B Thompson); and

ii.                a report by the Planning Services Manager (reference 14/372) attached.

View Plans and Documents

Minutes:

The Committee considered:-

i.      a planning application for demolition of old police station and construction of a retail unit with 4 apartments above, for Thompson Homes (Mr B Thompson); and

ii.      a report by the Planning Services Manager (reference 14/372).

In accordance with the Council’s Public Speaking Scheme Councillor Walker (Filey Town Councillor) spoke against the scheme and Councillor Cockerill (Ward Councillor) spoke against the scheme in respect of location and orientation to the footpath.

RESOLVED that notwithstanding the recommendation that permission be granted, permission be REFUSED by reason of its large scale and massing, and its siting immediately adjacent the public footway, it is considered that the proposed building will have an overbearing and enclosing effect on the street scene of Murray Street leading to serious harm to the visual amenity and character of this town centre street. As such, approval of the development would be contrary to Policies E12 and H3 of the Scarborough Borough Local Plan, which require that new development should respect the scale, form and character of the area. This requirement is also reflected in section 7 of the National Planning Policy Framework, which expects the design of new development to be of a high standard.

 

(In accordance with his declaration in Minute 1, Councillor Brian Watson left the room prior to the debate and determination of this item.)

 

9.

Planning Application (14/01141/OL) - Electricity Building, Filey Road, Gristhorpe pdf icon PDF 189 KB

To consider:

i.                 a planning application for demolition of offices and industrial buildings and erection of 45 residential dwellings including 7 affordable houses, creation of retail shop (A1), open space and associated infrastructure, for Proptrade Ltd (Mr Dean Goulding); and

ii.                a report by the Planning Services Manager (reference 14/373) attached.

View Plans and Documents

Minutes:

The Committee considered:

i.      a planning application for demolition of offices and industrial buildings and erection of 45 residential dwellings including 7 affordable houses,creation of retail shop (A1), open space and associated infrastructure, for Proptrade Ltd (Mr Dean Goulding); and

ii.      a report by the Planning Services Manager (reference 14/373).

Updating the report the Planning Officer advised that the applicant had agreed to pay the commuted sum of £10,000 to the Vale of Pickering Internal Drainage Board towards upgrading the network to handle run-off from the development.  The applicant had also agreed to pay the £152,995 to North Yorkshire County Council Education Authority to offset the cost of providing school places in respect of this development.  The applicant had agreed a 10% affordable housing provision.  Since the publication of the report, the above issues had been resolved and planning officers advised members that as a consequence they had changed their recommendation from that set out in the written report to one that planning permission should be granted subject to a S106 Agreement covering the commuted sums for drainage, education and on-site affordable housing provision, with delegated authority to add conditions as necessary and appropriate, for example, a restriction on buildings to be 2 storey in height, highways, materials and design.  The final wording of such conditions to be agreed with the Chair and Vice-Chair of this Committee.

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

RESOLVED that permission be GRANTED subject to a S106 Agreement with delegated authority to add conditions as necessary with the approval of the Chair and Vice-Chair.

 

10.

Planning Application (14/01942/RM) - 16 Hungate Lane, Hunmanby pdf icon PDF 156 KB

To consider:

i.                 a reserved matters application giving details of the Access, Landscaping, Layout, Scale, and Appearance of the development relating to application 12/00556/OL for residential development, for Cowling-Ford Homes Limited (Mr Bradley Cowling); and

ii.                a report by the Planning Services Manager (reference 14/371) attached.

View Plans and Documents

Minutes:

Members were advised that the application had been withdrawn.

RESOLVED that this be noted.

 

11.

Planning Appeals pdf icon PDF 132 KB

To consider a report by the Planning Services Manager (reference 14/367) attached.

Minutes:

The Committee considered a report by the Planning Services Manager (reference 14/367) advising members of the current planning appeals that have been lodged against decisions of the Borough Council.  No issues were raised.

RESOLVED that:-

i.   the report be received; and

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