Agenda and minutes

Planning & Development Committee
Thursday, 8th November, 2018 1.00 pm

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

Contact: Christine Armitage, 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 Phillip Henry Trumper, declared a Personal and Prejudicial interest in agenda item 4, Planning Application - (17/02152/FL & 1702153/LB) - Flat 1, 21 St Hilda's Terrace, Whitby. since he had considered this item as Chairman of the Whitby Town Council Planning Committee.

Councillor Mark Terence Vesey, declared a Personal and Prejudicial interest in agenda item 6, Planning Application - (18/01699/FL) - Hylands House, Filey Road, Scarborough, since he was a member of the Civic Society and was friends with neighbours who overlook the development and also with the developer.

 

2.

Minutes pdf icon PDF 72 KB

To approve as a correct record and sign the Minutes of the meeting held on 4 October 2018.  (Minutes attached).

Minutes:

The Planning Officer sought to clarify the Committee’s view in relation to Minute 6 Planning Application - (18/00864/FL) – Land at Southfield Farm, Main Street, Flixton and Minute 7 Planning Application (18/01330/FL) – The Parade, Moor Road Filey, of the meeting held on 4 October 2018, in relation to the legal agreement being in place prior to planning permission being issued.   The Planning Officer advised that the S106 Agreement must be entered into in respect of the on and off site compensatory ecological mitigation works on the land at Southfield Farm before planning consent is given.  The Planning Officer suggested the word ‘prior’ be added to the minutes in relation to the S106 Agreement.   If the Committee agreed the amendment this would assist in discussions with the applicant, because, if the legal agreement is not completed in accordance with the resolution, it would be necessary for the application to come before the Committee again.  RESOLVED that the Minutes of the meeting held on 4 October 2018 be approved as a correct record and signed by the Chairman subject to the above amendment.

 

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 questions had been received.

 

The Vice-Chairman, Councillor S Green, in the Chair for the following item,

4.

Planning Application - (17/02152/FL & 1702153/LB) - Flat 1, 21 St Hilda's Terrace, Whitby pdf icon PDF 319 KB

To consider:-

       i)     a retrospective planning application for retaining wall and external works to garden to form terrace and planting areas; and

       ii)    a report of the Planning Services Manager (Reference 18/258) attached.

 

View Plans and Documents

View Plans and Documents

 

Additional documents:

Minutes:

The Committee considered:-

       i)     a retrospective planning application for retaining wall and external works to garden to form terrace and planting areas; and

       ii)    a report of the Planning Services Manager (Reference 18/258).

The Planning Officer advised the Committee, for clarity, that the modifications to the retaining wall and terraced areas that were implemented without the necessary consents remained unauthorised works.  The offer of planting to the unauthorised car park works was an offer by the freeholders, as an interim measure only, to give the LPA the opportunity to review the car park once planting had been able to establish.  If permission were given in respect of the current application this would not impact on the separate matter of the unauthorised car park works (which was still an outstanding matter and was not part of the planning and listed building applications under consideration).

Updating the report the Planning Officer reported that two letters had been received and circulated to members of the Committee from Mr Sadler and Mr Trickett.  The letters covered many of the points already considered by members at the March Committee meeting.  A letter had also been received from Mr Kilpatrick which the Planning Officer read out and responded to the points he made, and also referred to a further email from Mr Trickett which raised similar points.

The Planning Officer recommended that both Planning and Listed Building Consent be granted subject to the conditions set out in the report.

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

The Planning Officer also reported that comments had been received from Whitby Civic Society in which no new matters were raised.

A member noted that there was no specification regarding the type of bonding to be used in the facing bricks for the retaining wall and was concerned that the wrong choice of bonding could look out of place.  The Planning Officer advised that this would be added to the relevant condition, if committee resolved to grant the application.  Concerns were also raised regarding the importance of people getting professional advice before they undertook any works to their property.  The Planning Officer reported that the applicant had been very concerned about the situation and co-operated with officers to seek to remedy the situation spending time and money to reach an acceptable solution.  The Planning Officer reminded members that Historic England did not have any objections to the proposals and that it had noted the potential beneficial impact of the works in removing weight from the listed boundary wall.

While members expressed their appreciation at the work done by officers, they felt that the actions the applicant had taken were indefensible with one member expressing the view they would like to see the gardens reinstated to their original design; a view that was endorsed by others.  Separate to this members considered that enforcement action should be taken in respect of the unauthorised extent of the car park, if it was  ...  view the full minutes text for item 4.

Councillor P Trumper resumed the Chair.

5.

Planning Application - (18/02382/DOV) - Castle Park Recreation Ground, HIghfield Road, Whitby pdf icon PDF 183 KB

To consider:-

       i)     a request for Deed of Variation to the current Section 106 agreement for Yorkshire County Homes Limited; and

       ii)    a report of the Planning Services Manager (Reference 18/255) attached.

 

View Plans and Documents

 

Minutes:

The Committee considered:-

       i)     a request for a Deed of Variation to the current Section 106 agreement for Yorkshire County Homes Limited; and

       ii)    a report of the Planning Services Manager (Reference 18/255).

RESOLVED that the variation to the Section 106 Legal Agreement be agreed.

 

6.

Planning Application - (18/01699/FL) - Hylands House, Filey Road, Scarborough pdf icon PDF 249 KB

To consider:-

       i)     a planning application for erection of 22 self contained flats in two blocks with associated landscaping and parking, for Ipcrest Developments Ltd; and

       ii)    a report of the Planning Services Manager (Reference 18/257) attached.

 

View Plans and Documents

 

Minutes:

The Committee considered:-

       i)     a planning application for erection of 22 self contained flats in two blocks with associated landscaping and parking, for Ipcrest Developments Ltd; and

       ii)    a report of the Planning Services Manager (Reference 18/257)

Updating the report the Planning Officer read and commented on an additional objection that had been received from a local resident.

In accordance with the Council’s Public Speaking Scheme, Mrs P Barton (Neighbour) spoke against the scheme.

Some Members were concerned about car parking, the volume of traffic on Holbeck Hill and roads serving the nearby schools, and the development was not in keeping with the area.  Other Members felt that the development didn’t contravene planning policy and there were many different styles of properties and plot sizes in the area that meant it would fit in with the locality.

A motion to refuse the application was moved and seconded.  On being put to the vote the motion was lost.

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

 

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

7.

Planning Application - (17/02829/DM) - Boat Shelter, Peasholm Park, Columbus Ravine, Scarborough pdf icon PDF 150 KB

To consider:-

       i)     a planning application for proposed shelter, following demolition of existing boat house and landing deck, for Scarborough Borough Council; and

       ii)    a report of the Planning Services Manager (Reference 18/267) attached.

 

View Plans and Documents

 

Minutes:

The Committee considered:-

       i)     a planning application for proposed shelter, following demolition of existing boat house and landing deck, for Scarborough Borough Council; and

       ii)    a report of the Planning Services Manager (Reference 18/267).

Members commented that they would like to see the boat deck shelter with a similar design to complement the bandstand.

RESOLVED that PRIOR APPROVAL BE GIVEN for the proposed details of the site restoration comprising the replacement shelter in a design which complemented the bandstand.

 

8.

Planning Appeals pdf icon PDF 59 KB

To consider a report by the Planning Services Manager (Reference 18/259) attached.

Minutes:

The Committee considered a report of the Planning Services Manager (Reference 18/259) in respect of current appeals which have been lodged against decisions of the Council. There were no updates to the report.

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