Agenda and minutes

Planning & Development Committee
Thursday, 13th August, 2015 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 David  Chance, declared a Personal interest in agenda item 8, Planning Application (15/00277/FL) - 91 Racecourse Road, East Ayton since he was acquainted with one of the objectors.

Councillor David L Billing, declared a Personal interest in agenda item 10, Planning Application (15/00488/RG4) - Gallows Close, Endcliff Crescent, Newby since he attended the Management Committee meetings of the Gallow Close Centre.

Councillor Mrs Hazel E Lynskey, declared a Personal and Prejudicial interest in agenda item 10, Planning Application (15/00488/RG4) - Gallows Close, Endcliff Crescent, Newby since she was a Director of Gallows Close Centre.

 

2.

Minutes pdf icon PDF 46 KB

To approve as a correct record and sign the Minutes of the meeting held on 16 July 2015 attached.

Minutes:

RESOLVED that the Minutes of the meeting held on 16 July 2015 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 (15/00413/RG4) - Former McCain Stadium Football Ground, Seamer Road, Scarborough pdf icon PDF 249 KB

To consider:

i.                 a planning application for single storey foodstore with associated infrastructure and car parking, for Lidl UK GmbH; and

ii.                a report by the Planning Services Manager (reference 15/225) attached.

View Plans and Documents

Minutes:

 The Committee considered:-

i.              a planning application for single storey foodstore with associated infrastructure and car parking, for Lidl UK GmbH; and

ii.            a report by the Planning Services Manager (reference 15/225).

Updating the report the Planning Officer advised the meeting that the application was recommended for approval subject to conditions and a Section 106 obligation. Further representations had been received since the report had been published.  A letter of objection from Savills on behalf of their client, Assura, had been circulated to members.  The main points in the letter were that they agreed with Planning Officers view that St Mary’s Hospital site was sequentially preferable, they were concerned with reports that Yorkshire Coast College were interested in the hospital site and for avoidance of doubt the hospital site was available for retail development.  They were concerned that the impact assessment report lacked proper evidence/assessment of key factors and the financial information was not available for public scrutiny.  The Planning Officer advised that national policy does not require an impact assessment, but this was carried out to provide further information to assist the process of making a balanced decision, which be considered together with the retail survey carried out in 2012 and local knowledge of the retail market.  Officers were also satisfied that alternative uses of the Seamer Road site (e.g. residential) would generate sales receipts substantially lower than the for the proposed foodstore.

 A letter had been received from Mrs Moment of Box Hill, Scarborough expressing concern regarding conflict  etween delivery vehicles and pedestrians.

Members were advised that while they needed to consider the application in accordance with development plan and national policy, the relevant legislation indicates other material considerations could be taken into consideration, including the benefits of Leisure Village proposals. There was limited guidance on how a Local Planning Authority should apportion weight to other material considerations and this was referred to in paragraph 7.37 of the report. While some caution should be used in applying this guidance too literally, they are nonetheless of assistance and set a high threshold if an exception to planning policy is to be made, which needs to be supported by a compelling case, if planning permission is to be granted. Officers had examined in detail the submissions by the Director of Business Support, including confidential financial information. The Committee Report contains the most fundamental information relevant to the recommendation of approval, including the recent increase in construction costs and the wider financial constraints on the Council. 

In conclusion, the Planning Officer considered that the receipts from the land sale are necessary to cross-fund the Leisure village and there is no realistic alternative to this. The benefits the Leisure Village would bring to the Borough should be given significant weight, outweighing any negative impacts on the vitality and viability of the town and district centres.   The application was therefore recommended for approval subject to conditions and an S106 Agreement to the effect that the net sales receipt be allocated to  ...  view the full minutes text for item 4.

5.

Planning Application (15/00994/FL) - Land and Buildings on the North West Side of Newby Farm Road, Scalby pdf icon PDF 176 KB

To consider:

i.                 a planning application for erection of Retirement Living Housing for the elderly (category ll type accommodation), including communal facilities, landscaping and car parking, for McCarthy & Stone Retirement Lifestyles Ltd; and

ii.                a report by the Planning Services Manager (reference 15/224) attached.

View Plans and Documents

Minutes:

The Committee considered:

i.              a planning application for erection of Retirement Living Housing for the elderly (category ll type accommodation), including communal facilities, landscaping and car parking, for McCarthy & Stone Retirement Lifestyles Ltd; and

ii.            a report by the Planning Services Manager (reference 15/224).

Updating the report the Planning Officer noted that  the figure of £265,000 in Paragraph 1 of the reasons for refusal should be removed.  The affordable units should be calculated on the open market value minus the transfer value.

In accordance with the Council’s Public Speaking Scheme Ms H Fox (Agent) spoke in favour of the scheme.

In response to a question on consultees, the Planning Officer confirmed that no response had been received from the Coastal and Drainage Engineers or Yorkshire Water regarding drainage.  This was not envisaged to be a critical issue on this site.

RESOLVED that permission be REFUSED for the reasons set out in the report, as amended by point  ii above.

 

6.

Planning Application (15/01082/FL) - Magdalen Grange Farm, Carr Lane, Gristhorpe pdf icon PDF 203 KB

To consider:

i.                 a planning application for erection of 1 no. wind turbine with a tip height of 36.6m, for JP, MJ & MJ Hutchinson (Mr Mark Hutchinson); and

ii.                a report by the Planning Services Manager (reference 15/230) attached.

View Plans and Documents

Minutes:

The Committee considered:-

i.              a planning application for erection of 1 no. wind turbine with a tip height of 36.6m, for JP, MJ & MJ Hutchinson (Mr Mark Hutchinson); and

ii.            a report by the Planning Services Manager (reference 15/230).

Updating the report the Planning Officer reported that a letter in support of the application had been received from a Mr P Chapman of Manor Farm, Flotmanby Lane, Muston, stating that this was the best site for the turbine and could be easily removed at the end of its life.  A plan had been submitted by the applicant showing the zone of theoretical visibility, which was displayed at the meeting.

In accordance with the Council’s Public Speaking Scheme Ms T Heaton (Agent) spoke in favour of the scheme.

Further to  Ms Heaton’s reference to the Ministerial Statement the Planning Officer advised members that written statements are the method by which the government makes changes to the NPPF and must be taken into account and that it did apply to single wind turbines.

Members debated that each application should be taken on its own merit, the contribution towards climate change, support for the rural economy and the map illustrating the zone of visibility.

A motion was proposed to approve the application but on being put to the vote this was lost.

RESOLVED that planning permission be REFUSED for the reasons set out in the report.

 

7.

Planning Application (14/00563/FL) - 28 Huntriss Row, Scarborough pdf icon PDF 175 KB

To consider:

i.                 a planning application for change of use from A1 (retail) to A3 (restaurant/cafe) and A5 (takeaway), alterations to shopfront and installation of extraction equipment on flat roof to rear, for Marsdens Caterers Ltd; and

ii.                a report by the Planning Services Manager (reference 15/222) attached.

View Plans and Documents

Minutes:

The Committee considered:

i.              a planning application for change of use from A1 (retail) to A3 (restaurant/cafe) and A5 (takeaway), alterations to shopfront and installation of extraction equipment on flat roof to rear, for Marsdens Caterers Ltd; and

ii.            a report by the Planning Services Manager (reference 15/222)

Updating the report the Planning Officer referred to a further letter received by Members from Mr and Mrs Mort.  A site visit had taken place on Tuesday 11 August 2015 to view the current extraction system on the roof of the KFC premises.  The Planning Officer thanked the applicants and neighbours for the positive working relationship with officers while seeking to bring an appropriate solution.

Two additional conditions were proposed by the Planning Officer.  The first was to consider any screening measures necessary to reduce the visual impact of the equipment from the neighbouring property.  The wording of the condition to give flexibility as to measures that are appropriate, and that the screening is not overbearing on the neighbour’s glazed café roof.  The second condition was to control the speed of the restaurant air inlet fan at an agreed maximum (effectively 3 on a current fan speed scale of 1 – 5).  The Planning Officer asked that delegated authority be given to officers to agree the wording of these conditions with the Chair and Vice-Chair.  

In accordance with the Council’s Public Speaking Scheme Ms L Davison (Agent) spoke in favour and Mr M Mort (Neighbour) spoke against the scheme.  Councillor Mrs J Jefferson was not present to speak at the meeting at the appropriate time.

Members appreciated that amendments could be undertaken to reduce noise, which could be measured with monitoring equipment to ensure compliance.  Members were less certain on how to measure the reduction in odours.  The Environmental Health Officer advised that Officers had expertise in monitoring odour and there were measures that could be taken under the Environmental Protection Act should an odour concern arise.

Members asked about the current level of background noise and the visual impact of the proposed flue.  The Environmental Health Officer advised that the background noise had been measured by acoustic consultants.  The lowest 15 minute average was 34 decibels.  The proposed acoustic screening would achieve 35 decibels.  There was a potential for complaints to be received where noise was 5 decibels above background noise and this was set out in BS4142.

Regarding the impact of the flue in a Conservation Area the Planning Officer advised that the flue would not be seen from street level and with an appropriate colour finish the impact on the neighbouring flats would be minimised.

RESOLVED that permission be GRANTED subject to the conditions set out in the report and the two proposed conditions regarding the additional screening measures and the restaurant air inlet fan speed.  Planning Officers were given delegated authority to agree the wording of the conditions with the Chair and Vice-Chair.

 

8.

Planning Application (15/00277/FL) - 91 Racecourse Road, East Ayton pdf icon PDF 158 KB

To consider:

i.                 a planning application for erection of 5 dwellings comprising 3 detached and 2 semi-detached dormer bungalows and garages, for Thompson Homes; and

ii.                a report by the Planning Services Manager (reference 15/216) attached.

View Plans and Documents

Minutes:

The  Committee considered:

i.              a planning application for erection of 5 dwellings comprising 3 detached and 2 semi-detached dormer bungalows and garages, for Thompson Homes; and

ii.            a report by the Planning Services Manager (reference 15/216).

Updating the report the Planning Officer advised that no comments had been received from the Ecology Officer.  As the site had been cleared this was not considered to be a critical matter for this application.

In accordance with the Council’s Public Speaking Scheme, Mr N Garside (Neighbour) spoke against the scheme.

Members noted the slope of the land and suggested that the tallest houses be built at the bottom of the site.  The Planning Officer advised that this would require a new application.

A member asked if the current dwellings had a restriction on the ridge height.  They were advised that this was not the case

Members were concerned about overshadowing of neighbouring gardens.  The Planning Officer advised that the separation of dwellings for 2 storey development was 20 m and this development was 30 m apart and the 2 storey dwellings were not full 2 storey. In the circumstances Planning Officers did not consider that there would be a serious overshadowing effect.

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

 

9.

Planning Application (15/00742/FL) - Cansdale Farm, Wold Newton, Driffield pdf icon PDF 124 KB

To consider:

i.                 a planning application for installation of 412 ground mounted solar panels, for Mr John Sleightholme; and

ii.                a report by the Planning Services Manager (reference 15/220) attached.

View Plans and Documents

Minutes:

The Committee considered:

i.              a planning application for installation of 412 ground mounted solar panels, for Mr John Sleightholme; and

ii.            a report by the Planning Services Manager (reference 15/220).

The Planning Officer confirmed that no response had been received from the Ecologist.

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

 

10.

Planning Application (15/00488/RG4) - Gallows Close, Endcliff Crescent, Newby pdf icon PDF 137 KB

To consider:

i.                 a planning application for change of use of land from public open space to garden and allotment, installation of fencing and erection of associated outbuildings, for Groundwork North Yorkshire (Mr Tom Mutton); and

ii.                a report by the Planning Services Manager (reference 15/215) attached.

View Plans and Documents

Minutes:

The Committee considered:

i.              a planning application for change of use of land from public open space to garden and allotment, installation of fencing and erection of associated outbuildings, for Groundwork North Yorkshire (Mr Tom Mutton); and

ii.            a report by the Planning Services Manager (reference 15/215).

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

 

(In accordance with her declaration in Minute 1, Councillor Mrs H Lynskey withdrew from the meeting prior to the debate and determination of the above item.)

 

11.

Planning Appeals pdf icon PDF 136 KB

To consider a report by the Planning Services Manager (reference 15/219) attached.

Minutes:

The Committee considered a report of the Planning Services Manager (Reference 15/219) regarding current planning appeals that have been lodged against decisions of the Borough Council.

The Planning Officer noted that the method of appeal in relation to the White Swan had changed to a hearing.  This was most likely to take place on 20 October and members could attend if they wished.  It would be helpful if members wishing to attend notified Mr Metcalfe.

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