Agenda and minutes

Planning & Development Committee
Thursday, 5th October, 2017 1.00 pm

Venue: Town Hall, St Nicholas Street, Scarborough, YO11 2HG

Contact: Christine Armitage, Electoral & Democratic Services Officer 

Items
No. Item

1.

Declarations of Interests pdf icon PDF 43 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 Simon Green, declared a Personal interest in agenda item 5, Planning Application - (17/00522/FL) - Arosa Caravan and Camping Park, Ratten Row, Seamer since he knew Mr Cherry personally and had done business with him in the past.

Councillor Clive Pearson, declared a Personal interest in agenda item 9, Planning Application - (17/01201/OL) - Field adjacent to Waipori Lodge, 69 Carr Hill Lane, Briggswath since he had attended a meeting when this item was discussed.

Councillor Phillip Henry Trumper, declared a Personal and Prejudicial interest in agenda item 9, Planning Application - (17/01201/OL) - Field adjacent to Waipori Lodge, 69 Carr Hill Lane, Briggswath since he had attended a meeting when this matter was discussed and had given advice.

Councillor David  Chance, declared a Personal interest in agenda item 11, Planning Application - (17/00882/LB) - 29 High Street, Ruswarp since he was acquainted with the applicant and the application is within his Borough Ward and County Division.

 

2.

Minutes pdf icon PDF 100 KB

To approve as a correct record and sign the Minutes of the meeting held on 7 September 2017.  (Minutes attached).

Minutes:

RESOLVED that the Minutes of the Meeting held on 7 September 2017 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 - (17/00474/OL) - Land Abutting Cayton Village Caravan Park, Mill Lane, Cayton pdf icon PDF 225 KB

To consider:-

     (i)    an outline application for erection of 80 no. dwellings, for Mr Ben Croft & Mrs Gemma Thompson; and

     (ii)   a report of the Planning Services Manager (Reference 17/220) attached.

 

View Plans and Documents

 

Minutes:

The Committee considered:-

(i)     an outline application for erection of 80 no. dwellings, for Mr Ben Croft & Mrs Gemma Thompson; and

(ii)    a report of the Planning Services Manager (Reference 17/220).

Updating the report the Planning Officer advised that the Lead Local Flood Authority had agreed to deal with surface water by condition at the reserved matters stage, as they were satisfied that the land could be drained sustainably.  Work was progressing on the S106 Agreement and an extension of time had been agreed with the applicant to allow for its completion.

The Officer recommendation was that permission be granted subject to the completion of the legal agreement and such conditions as the Planning Manager considered necessary, but including: the precise number of dwellings be reserved for future consideration: the requirements of the local plan allocation statement for the site including access to be at the northern end of Church Lane, a 40m buffer of open space between Limekiln Lane and the housing, housing to be single storey only at the southern end, provision of a 15m buffer on west and northern boundaries of the site and a buffer on the eastern side to protect the residential amenity of the dwellings from the caravan site; existing hedgerows be retained; a village gateway feature and pedestrian crossing points as recommended by the Highway Authority; and, the results of the archaeological survey to be provided prior to or commensurate with the first reserved matters application and other standard conditions.

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

Responding to members’ questions, the Planning Officer advised that the developers would be advised to enter into a discussion with the Highway Authority regarding details of the layout of and access to the site. The issue of provision of double yellow lines along Limekiln Lane could be raised in any such discussions.  The condition relating to hedgerow retention will include maintenance requirements. It is understood that the potential for a cemetery extension in the southern buffer zone on the site had been ruled out because of potential pollution to the groundwater protection zone.  There had been no response from the Education Authority regarding a contribution to the local school so this could not be included in the S106 Agreement.  County Council members were asked to consider raising this with the Education Authority. 

There would be a requirement for electric charging points and a condition requiring cycle storage for each dwelling.  It was noted that the dwellings, garden and roads would not be included as part of the buffer zone and this would be a condition.

RESOLVED, that third party representations having been considered, permission be GRANTED subject to the completion of the S106 Agreement and such conditions as the Planning Manager deems necessary, including those referred to at the meeting.

 

 

5.

Planning Application - (17/00522/FL) - Arosa Caravan and Camping Park, Ratten Row, Seamer pdf icon PDF 161 KB

To consider:-

     (i)    a planning application for proposed siting of 28 no. static caravans, for Mr Neil Cherry; and

     (ii)   a report of the Planning Services Manager (Reference 17/215)

 

View Plans and Documents

Minutes:

The Committee considered:-

(i)     a planning application for proposed siting of 28 no. static caravans, for Mr Neil Cherry; and

(ii)    a report of the Planning Services Manager (Reference 17/215)

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

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

 

 

6.

Planning Application - (17/01719/FL) - Danebury Manor Farm, Flixton pdf icon PDF 143 KB

To consider:-

     (i)    a planning application for erection of a livestock building, for G M Stephenson (Mr Martin Stephenson); and

     (ii)   a report of the Planning Services Manager (Reference 17/218)

 

View Plans and Documents

 

 

Minutes:

The Committee considered:-

(i)     a planning application for erection of a livestock building, for G M Stephenson (Mr Martin Stephenson); and

(ii)    a report of the Planning Services Manager (Reference 17/218).

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

 

 

7.

Planning Application - (17/01772/FL) - 22 Victoria Avenue, Filey pdf icon PDF 166 KB

To consider:-

     (i)    a planning application for erection of single storey extension to rear, for Mr Phillip Barrigan; and

     (ii)   a report of the Planning Services Manager (Reference 17/211)

 

View Plans and Documents

 

Minutes:

The Committee considered:-

(i)     a planning application for erection of single storey extension to rear, for Mr Phillip Barrigan; and

(ii)    a report of the Planning Services Manager (Reference 17/211).

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

8.

Planning Application - (17/01324/HS) - 13 Throxenby Lane, Newby pdf icon PDF 162 KB

To consider:-

     (i)    a planning application for single storey side and rear extension, for Mr and Mrs R Noble; and

     (ii)   a report of the Planning Services Manager (Reference 17/210)

 

View Plans and Documents

 

Minutes:

The Committee considered:-

(i)     a planning application for single storey side and rear extension, for Mr and Mrs R Noble; and

(ii)    a report of the Planning Services Manager (Reference 17/210).

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

 

The Vice-Chairman, Councillor Mrs R Swiers, in the Chair for the

 following item.

 

9.

Planning Application - (17/01201/OL) - Field adjacent to Waipori Lodge, 69 Carr Hill Lane, Briggswath pdf icon PDF 213 KB

To consider:-

     (i)    a planning application for outline application for residential development served by new access from Ridge Lane, for Miss Hermoine Gayton; and

     (ii)   a report of the Planning Services Manager (Reference 17/213) attached.

 

View Plans and Documents

Minutes:

The Committee considered:-

(i)     a planning application for outline application for residential development served by new access from Ridge Lane, for Miss Hermoine Gayton; and

(ii)    a report of the Planning Services Manager (Reference 17/213).

Updating the report the Planning Officer advised that an indicative layout plan had been submitted as to how the site might be developed but officers consider that the number and layout of the proposed dwellings would not be appropriate, however, the principle of development is acceptable.  The  Education Service (NYCC) had advised that a contribution is not required.  The Council Ecologist supports the recommendations in the Ecological Assessment and the Committee report and asks that consideration be given to wildlife friendly boundaries such as native hedging and providing gaps in fencing for hedgehogs.  The S106 Agreement is being prepared and includes affordable housing, off-site open space.  The maintenance of the on-site open space to be covered by a management plan.

The officer recommendation was for approval subject to the signing of the S106 Agreement, the conditions set out in the report and two additional conditions, one to cover the on-site open space and the other regarding the provision of electrical vehicle charging points.  Two informatives were suggested regarding the wildlife provision as mentioned above and connectivity to broadband as part of the development.

In accordance with the Council’s Public Speaking Scheme Mrs F Prior (on behalf of the applicant) spoke in favour of the scheme.

Members suggested that this item be deferred for a site visit because the access was on a slope and the walking areas were not very good.

RESOLVED the item be deferred for a site visit.

 

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

 

 

 

Councillor P Trumper resumed the Chair

 

10.

Planning Application - (17/01392/RM) - Land to North of Eastfield for Middle Deepdale Development, Northwold Road, Eastfield pdf icon PDF 195 KB

To consider:-

     (i)    a planning application for construction of 20 bungalow dwellings with associated landscaping and parking, for Hellawell; and

     (ii)   a report of the Planning Services Manager (Reference 17/214)

 

View Plans and Documents

 

Minutes:

The Committee considered:-

(i)     a planning application for construction of 20 bungalow dwellings with associated landscaping and parking, for Hellawell; and

(ii)    a report of the Planning Services Manager (Reference 17/214).

Updating the report the Planning Officer advised that the report referred to no community consultation having taken place when there had been a public event at Eastfield Library on 24 July 2017. With reference to electrical car charging points, in accordance with Local Plan Policy DEC2, the Planning Officer considered that this could not be required in this instance as the development included a communal car park.  However the Registered Provider managing the development may wish to provide their residents with additional amenities such as vehicle charging points at a later date.

In accordance with the Council’s Public Speak Scheme Councillor Randerson (Ward Councillor) asked that the Committee consider putting extra car parking spaces in and the provision of children’s play facilities.

The Planning Officer considered the one space per bungalow provision to be appropriate, but advised Committee that he was happy to discuss some provision of visitor car parking with the developers, if Members felt this was warranted. The Planning Officer advised that a meeting was being held next week to look at provision of open space that could be adopted by the Council.  |He reminded Members that at outline stage it had been agreed that two neighbourhood play areas would be provided on the site, with some informal play provision within the linear park.  It was considered better use of resources to have large play areas rather than several smaller ones that would be difficult to maintain.  In response to other queries, the Planning Officer advised that small scale shops, restaurants and employment sites were included in the Master Plan and were subject of obligations within S.106 Agreements.  The bungalows would be built to high insulation standards and a number would have larger rooms for ease of mobility by wheelchair users.

A member requested that a report be published for consultation on how facilities could be developed in Eastfield.

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

11.

Planning Application - (17/00882/LB) - 29 High Street, Ruswarp pdf icon PDF 169 KB

To consider:-

     (i)    a planning application for retrospective application for roof works, amended stair access to loft and satellite dish with bracket, for Mr D Plant; and

     (ii)   a report of the Planning Services Manager (Reference 17/204) attached.

 

View Plans and Documents

Minutes:

The Committee considered:-

(i)     a planning application for retrospective application for roof works, amended stair access to loft and satellite dish with bracket, for Mr D Plant; and

(ii)    a report of the Planning Services Manager (Reference 17/204).

RESOLVED that permission be GRANTED.

 

12.

Self-Build Housing and the Self-Build Register (Charging and Local Eligibility Criteria) pdf icon PDF 197 KB

To consider a report by the Director of Service Delivery (Reference 17/206) attached.

Minutes:

The Committee considered a report of the Director of Service Delivery (Reference PSM17/206) regarding Self-Build Housing and the Self-Build Register (Charging and Eligibility Criteria).

Updating the report the Planning Officer advised an amendment to Recommendation 2 to replace “Members agree” to “Members note and recommend to Cabinet and Council the introduction of a charging schedule …”.

Members felt that the fee to be added to Part 1 of the Register should cover the costs of the work involved.  The Planning Officer advised that they felt £50 was a reasonable cost and the fee was not to prohibit people from applying to be on the Register, particularly where people were accessing accommodation through self-build.

The Planning Officer advised that where self-build schemes were not progressing there wasn’t a method to tackle this issue.  In respect of allocating self-build plots on housing developments a condition could be included that if no-one comes forward within a set period of time then the land could revert to the developer, to prevent areas of land becoming unused and derelict.

In respect of self-build plots on rural exception sites, this was already permitted as long as the development assisted in providing the affordable housing.

Members were concerned about the costs involved in officer time in processing the applications.  The Planning Officer advised that once the criteria had been set the processing of the applications would be straightforward and that the scheme should be monitored for the first two years to make an assessment and adjust any charges accordingly.

RESOLVED that:-

(i)      the report be received;

(ii)     the requirements of the Self-build and Custom Housebuilding Act 2015 (as amended) and the need for the Borough Council to publish a self-build register and meet its duty to grant planning permission for sufficient serviced plots be noted;

(iii)    officer time be monitored regarding the processing of applications so that any adjustment to the fee for registering can be amended to reflect the actual cost; and

(iv)    Members note and recommend to Cabinet and Full Council the introduction of a charging schedule and eligibility criteria for inclusion on the self-build register as set out in the report and resolutions.

Members reasons: Members were in agreement with the proposals to introduce a charging schedule to cover the cost of implementing and administering the scheme.  In respect of eligibility criteria Members appreciated the need to ensure that scheme was controlled to discourage people from being entered on multiple registers, thus artificially inflating the demand for housing land, and to encourage people with a local connection and sufficient funding to register.

 

 

 

13.

Assessment of Planning Issues relating to Food Takeaway Establishments, in response to Council Motion of 5 September 2016 pdf icon PDF 197 KB

To consider a report of the Planning Services Manager (Reference 17/187) attached.

 

Minutes:

The Committee considered a report of the Planning Services Manager (Reference 17/187) regarding an Assessment of Planning Issues relating to Food Takeaway Establishment in response to Council Motion of 5 September 2016.

Members congratulated the Officers on a very comprehensive report on the issues surrounding food takeaways.

There was an aspiration to attract a higher spending tourist and improve the street scene but it would not be possible to allocate food takeaways to secondary shopping streets as Primary, Secondary and Tertiary street allocations were not included in the  new local plan.  As town centres evolve it is beneficial to have a good mixture of uses and this can include takeaways as this can add to the life of the street on an evening.  There are very few hot food takeaways in the town centre as they naturally gravitate towards being in tourist locations and serving the evening economy.

Members referred to the healthy option scheme in food outlets that was piloted in Scarborough and asked if it was possible to promote healthy eating in Council owned food premises.  The Planning Officer advised that the healthy option scheme was being revisited by the County Council.  While it was not in the planning remit to promote healthy eating in Council owned premises the Planning Officer welcomed the idea and was willing to share his research with the relevant department.  Members were also concerned about littering, particularly where food packing was disposed of out of car windows and that this was difficult to resolve other than through education.

RESOLVED that the report be received and the information provided within the report in respect of the issues raised in the Council Motion of 5 September 2016 be noted.

 

 

14.

Planning Appeals pdf icon PDF 136 KB

To consider a report by the Planning Services Manager (Reference 17/212) attached.

 

Minutes:

The Committee considered a report regarding the status of current planning appeals.

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