PLANNING COMMITTEE - North East Lincolnshire Council · rks), 7 (Fin and Conditi on of Ceilin...

PLANNING COMMITTEE

AGENDA

WEDNESDAY 14TH SEPTEMBER, 2016

09.30 a.m.

GRIMSBY TOWN HALL

Rob Walsh, Chief Executive Municipal Offices, Town Hall Square, Grimsby, North East Lincolnshire, DN31 1HU.

Telephone (01472) 313131 Fax (01472) 324132 DX 13536 Grimsby 1

If telephoning, please ask for Beverly Stanton Tel: (32)6285 To: All Persons on the Distribution List of the Planning Committee September 5th, 2016 Dear Councillor, Planning Committee The next meeting of the Planning Committee will take place on Wednesday 14th September, 2016 commencing at 09.30 a.m. in the Grimsby Town Hall. The Agenda is set out overleaf. Yours sincerely,

Beverly Stanton Scrutiny and Committee Advisor for Chief Executive.

FILMING OF PUBLIC MEETINGS

“The Council supports the principle of transparency and encourages filming, recording and taking photographs at its meetings that are open to the public. It also welcomes the use of social networking websites (such as Twitter and Facebook) and micro-blogging to communicate with people about what is happening, as it happens.

There is no requirement to notify the Council in advance, but it should be noted that the Chairman of the meeting will have absolute discretion to terminate or suspend any of these activities if, in their opinion, continuing to do so would prejudice proceedings at the meeting.

The circumstances in which termination or suspension might occur could include:

•public disturbance or suspension of the meeting

•the meeting agreeing to formally exclude the press and public from the meeting due to the confidential nature of the business being discussed

•where it is considered that continued recording / photography / filming /webcasting might infringe the rights of any individual

•when the Chairman considers that a defamatory statement has been made

In allowing this, the Council asks those recording proceedings not to edit the film/recording/photographs in a way that could lead to misinterpretation of the proceedings, or infringe the core values of the Council. This includes refraining from editing an image or views expressed in a way that may ridicule, or show a lack of respect towards those being photographed/filmed/recorded.

Those intending to bring large equipment, or wishing to discuss any special requirements are advised to contact the Council's Communications Team in advance of the meeting to seek advice and guidance. Please note that such requests will be subject to practical considerations and the constraints of specific meeting rooms.

The use of flash photography or additional lighting will not be allowed unless this has been discussed in advance of the meeting and agreement reached on how it can be done without disrupting proceedings.

At the beginning of each meeting, the Chairman will make an announcement that the meeting may be filmed, recorded or photographed. Meeting agendas will also carry this message.”

PLANNING COMMITTEE AGENDA Wednesday 14th September, 2016

1. Apologies for Absence

To record any apologies for absence from this meeting

Page Number

2. Declarations Of Interest

To record any declarations of interest by any Member of the Committeein respect of items on this Agenda.

Members declaring interests must identify the Agenda item and the typeand detail of the interest declared.

(A) Disclosable Pecuniary Interest; or(B) Personal Interest; or (C) Prejudicial Interest

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3. Footpath 72

To receive an update on the enforcement of Footpath 72.

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4. Deposited Plans and Applications

To consider plans and applications (copy under separate cover)

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5. Plans and Applications Determined under Delegated Powers

To receive plans and applications determined by the Director ofEconomy and Growth under delegated powers during the period 3rd

August to 30th August 2016 (copy attached).

1

6. Planning Appeals

To receive a report from the Director of Economy and Growth regardingoutstanding planning appeals (copy attached).

19

7. Urgent Business

To consider any business which, in the opinion of the Chairman, isurgent by reason of special circumstances which must be stated andminuted.

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8. Exclusion of Press and Public To consider requesting the press and public to leave on the grounds that discussion of the following business is likely to disclose exempt information within the relevant paragraphs of Schedule 12A of the Local Government Act 1972 (as amended).

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9. Enforcement Issues

To consider any requests from any Member of the Committee to discuss any enforcement issues.

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ROB WALSH CHIEF EXECUTIVE

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Page 1

DM/0164/16/CND Discharge Condition

Mr J Hussain Lids Tapas 34-36 Louth Road Grimsby North East Lincolnshire DN33 2EP

Details in Discharge of Condition 5 (Waste Strategy) pursuant to DM/0645/15/FUL (Change of use and installation of extraction flue to rear to form a restaurant) Conditions Complied With

DM/0348/16/FULA Accredit Agnt - Hseholder application

Mr & Mrs Braben 80 Welholme Avenue Grimsby North East Lincolnshire DN32 0BP

Erect single storey and two storey extension to rear to include conversion of roofspace and installation of rooflights Approval with Conditions

DM/0421/16/FUL Full Application

Ms Louisa English Liam G Investment Ltd 179 North Promenade Cleethorpes North East Lincolnshire DN35 8SJ

Change of use from a single fish and chip restaurant to four food outlets with alterations including installation of roller shutters Approval with Conditions


Cotis Developments Ltd 22 Dudley Street Grimsby North East Lincolnshire DN31 2AB

Change of use of former NHS premises into four self contained flats and associated external works including front wall with railings and gates Approval with Conditions

DM/0435/16/TPO Works to a tree in a Conservation Area

James Bratton And Co Ltd Rear Of Eaton Court (Flat 1-20) 25 Eaton Court & 2 Augusta Street/Salmeston Court Grimsby DN34 4UD

G1( x2 Sycamores T53 _ T52, x1 Pine T55, of Order): reduce canopy spread to give 3m clearance to building T57 Holly: reduce height by up to 3m Approval with Conditions

Page 2

DM/0436/16/TPO Works to a tree with a TPO

Mr Paul Hansen Strands Strands Waltham Road Brigsley North East Lincolnshire DN37 0RQ

T1 Ash: crown lift up to 7m from ground level. Reason to let more light in to gardens and general tree management Approval with Conditions


Mr Daniel George CS39 Limited The Cambridge Club 37 - 39 Cambridge Street Cleethorpes North East Lincolnshire DN35 8HD

Variation of Condition 7 (Approved Plans) as granted on DM/0891/15/FUL (Change of use to provide 8 additional flats, external alterations and retention (in part) of the existing ground floor club (sui generis)) for revision to amended plans and elevations to reflect change from facing brickwork to render in courtyard elevation and also introduction of a balcony to courtyard side Approved

DM/0453/16/OUT Outline Application

Mr P J Pearson Land Adj Ash Holt Waithe Lane Brigsley Grimsby North East Lincolnshire DN37 0RJ

Outline application for the erection of a single two-storey dwelling with associated garaging and a new vehicular access. Refused


Mr Paul Hickling East Transportation Holdings Limited East Trans Trondheim Way Stallingborough Grimsby North East Lincolnshire DN41 8FD

Erection of warehouse with vehicle drive through canopy with 2 storey office extension, drainage ditch vehicle crossing and hard standing Approval with Conditions

Page 3


Ms Jan Clark Notemachine UK Ltd 1 Wellowgate Grimsby North East Lincolnshire DN31 1LZ

Retrospective application to install ATM Approval with Conditions

DM/0464/16/ADV Advertisement Consent


Application to display illuminated ATM surround and fascia Approval with Conditions


Natalie Parr 16 Daggett Road Cleethorpes North East Lincolnshire DN35 0EL

Install two bay windows to ground and first floor, render to the front of the house, demolish porch with alterations Approval with Conditions


Mr Daniel George CS39 Ltd The Cambridge Club 37 - 39 Cambridge Street Cleethorpes North East Lincolnshire DN35 8HD

Details in Discharge of Conditions 2 (Window & Door Detail), 3 (Render), 4 (Shopfront) & 6 (Bin Storage) pursuant to DM/0891/15/FUL (Change of use to provide 8 additional flats, external alterations and retention (in part) of the existing ground floor club (sui generis)) Conditions Complied With


Mr John Money Little London Farm Shop Immingham Road Stallingborough Grimsby North East Lincolnshire DN41 8BL

Retrospective application for change of use to car garage and workshop to the rear Approval with Conditions

Page 4


Mr Craig Draper 22 Albert Road Cleethorpes North East Lincolnshire DN35 8LX

Conversion of roofspace to create one additional one bed apartment at second floor with alterations to include new dormer windows to front and rear and internal alterations to an existing stairwell Approval with Conditions


Mr Mark Jones Shoreline Housing Partnership Ltd Garages Service Road 8 Grimsby North East Lincolnshire

Details in discharge of conditions 3 (external materials), 4 (construction management plan), 5 (surface water drainage), 6 (access construction), 7 (external lighting and alley gates), 8 (affordable housing) & 9 (landscaping) pursuant to DM/1312/14/FUL and APP/B2002/W/15/3131379 (Demolish existing garages and erect five no. dwellings with associated parking areas, garages, landscaping, boundary treatments and shared parking courts). Conditions Complied With


Mr Roy Crozier Willow Cottage 15 The Avenue Great Coates Grimsby North East Lincolnshire DN37 9NR

Retrospective application for the erection of conservatory to rear of dwelling Approval with Conditions


Paul Beckett 6 Bassett Road Cleethorpes North East Lincolnshire DN35 0EH

Re-submission of DC/732/13/HAV (Demolish existing garage & erect single storey extension to side & bay window to front) for alterations to roof and southern elevation finished in brick Approval with Conditions

DM/0525/16/LBC Listed Building Consent


Listed Building application for the installation of ATM with surround and fascia Approval with Conditions

Page 5


Mr Robert Farrow 26 Portland Place Grimsby North East Lincolnshire DN32 0AB

Retrospective application to erect detached garage to rear Approval with Conditions


Mr Richard Gibbon 3 And 4 Pawsons Mews Laceby Grimsby North East Lincolnshire DN37 7HW

Ash tree: Fell Reason: poor structural condition and die back Approved


Mrs Claire McCann 61 Thorganby Road Cleethorpes North East Lincolnshire DN35 0HL

Erect extension to side of dwelling to provide first floor bedroom over driveway Approval with Conditions


Steve Ibbotson Cyden Homes Limited Land North Of Diana Princess Of Wales Hospital Scartho Road Grimsby North East Lincolnshire

Details in Discharge of Condition 12 (Trees) pursuant to application DM/0947/14/FUL (Demolition of existing buildings and erection of 104 two and three bedroomed dwellings, parking, garaging, access road and associated works) - to include removal and replacement of three trees Conditions Complied With


Mr Alan Finlayson Royal Bank of Scotland Nat West 66 Victoria Street Grimsby North East Lincolnshire DN31 1BL

Application for alterations to remove window and install fire exit door and new window. Approval with Conditions

Page 6

DM/0563/16/LBC Listed Building Consent

Mr Alan Finlayson Royal Bank of Scotland Nat West 66 Victoria Street Grimsby North East Lincolnshire DN31 1BL

Listed Building application for alterations to remove window and install fire exit door and new window. Approval with Conditions


Mr M Dale 11 Walesby Close Grimsby North East Lincolnshire DN33 3HQ

Demolish existing boundary wall and erect 1.2m high close boarded fence with gates. Approval with Conditions


Mr R Oglesby 146A Grimsby Road Humberston Grimsby North East Lincolnshire DN36 4AQ

Erect 1.8m high boundary wall and gates. Approval with Conditions

DM/0567/16/OUT Outline Application

Mr Phillip Pocklington 48 Weelsby Road Grimsby North East Lincolnshire DN32 0PR

Outline application to erect a detached dwelling with attached garage. Approval with Conditions


Mr Michael Cross 53 Laceby Road Grimsby North East Lincolnshire DN34 5BH

Remove existing outbuilding and erect single storey extension to rear Approval with Conditions


Mr Kevin Broughton 23 Signhills Avenue Cleethorpes North East Lincolnshire DN35 0BU

Erect single storey extension to rear of dwelling Approval with Conditions

Page 7


Mr Mathew Bullivant 25 Signhills Avenue Cleethorpes North East Lincolnshire DN35 0BU

Erect single storey extension to rear of dwelling Approval with Conditions


Frank Zeller Dong Energy Power (UK) Ltd Westermost Rough O And M Facility Wharncliffe Road North Grimsby Docks Grimsby North East Lincolnshire

Variation of condition 2 attached to planning application DM/1228/15/FUL (Erect two storey extension with link to provide temporary modular office accommodation to include an increase to car parking and perimeter fencing) to allow new bin store, revised access and internal office with external windows. Approval with Conditions


Taylor Homes (Lincs) Ltd Orchard Fields (Plots 2 & 3) Healing North East Lincolnshire

Variation of Condition 1 (Approved Plans) as granted on application DM/1311/14/FUL (residential development) for alterations to plots 2 and 3 Approval with Conditions


Mr And Mrs Emerson 13 Bassett Road Cleethorpes North East Lincolnshire DN35 0EH

Remove existing porch and erect single storey extension to front Approval with Conditions


Mr John Farquhar 193 Chichester Road Cleethorpes North East Lincolnshire DN35 0JN

Extensions and alterations to ground and first floor Approval with Conditions


Mr Andrew Burrell 72 Wilton Road Humberston North East Lincolnshire DN36 4AW

Retrospective application for single storey extension to rear Approved

Page 8

DM/0591/16/TCA Works to a tree in a Conservation Area

Mr Michael Lowe The Mount (Appt 1) Mill Road Cleethorpes North East Lincolnshire DN35 8JD

T1 Birch tree: remove overhanging branches over parking space for apartment 1 T2 Chestnut: cut back overhanging canopy over parking space for apartment 2 cutting back to viable growth points Approved


Mr N Harding 48 Cheapside Waltham Grimsby North East Lincolnshire DN37 0HW

Alterations and single storey extension to side Approval with Conditions


Mr And Mrs P Leader 30 Station Road Healing Grimsby North East Lincolnshire DN41 7LY

Erect single storey and first floor extensions to rear and proposed porch to front. Approval with Conditions


Mr Terence Procter Oddballs Crazy Golf Central Promenade Cleethorpes North East Lincolnshire

Retrospective application to erect three timber frames housing traditional British seaside postcard artwork Approved Limited Period


Miss Jane Catlyn 19A Church Lane Humberston Grimsby North East Lincolnshire DN36 4HZ

Erect single storey front and rear extensions to include loft conversion and the installation of rooflights Approval with Conditions

Page 9


Mr And Mrs Gilboy 302 Pelham Road Immingham North East Lincolnshire DN40 1PT

Erect one detached dwelling to include the installation of rooflights Approval with Conditions


Mr Roy Roberts 8A Augusta Street Grimsby North East Lincolnshire DN34 4TA

Erect cantilevered balcony to existing lounge Approval with Conditions


Mr & Mrs Jim & Freda Livermore 53 Signhills Avenue Cleethorpes North East Lincolnshire DN35 0BT

Erect single storey rear extension and two storey side extension with the installation of rooflights Approval with Conditions


Mr Allen Padgett 100 Seaford Road Cleethorpes North East Lincolnshire DN35 0NW

Demolish existing conservatory and garage and erect single storey extension to rear to provide sun room, utility, workshop and garage with the installation of rooflights Approval with Conditions


Mr Tim Edwards 32 Church Avenue Humberston Grimsby North East Lincolnshire DN36 4DL

Application for the installation of fencing and gates to front. Approval with Conditions


Mr Glenn Rowbotham 9 Miller Avenue Grimsby North East Lincolnshire DN32 8JW

Details in Discharge of Conditions 4 (Construction and Demolition Management) and 5 (Drainage) pursuant to DM/0656/15/FUL (Demolish existing detached garage and erect single storey detached building to form Garden Room, WC and Store) Conditions Complied With

Page 10


Mrs Bronagh Byrne DONG Energy Waltham Airfield Waltham North East Lincolnshire

The application is for a temporary site construction compound to support the onshore cable installation for Hornsea Project One Offshore Wind Farm Approval with Conditions


Mr Peter Mills 23 Peaks Avenue New Waltham Grimsby North East Lincolnshire DN36 4LN

Erect single storey extension to side Approval with Conditions


Mrs Lynne Leeman 13 Portland Place Grimsby North East Lincolnshire DN32 0AB

Variation of Condition 7 (Approved Plans) as granted on application DM/0472/15/FUL (Extend existing garage and convert to granny annexe) for revision to side and rear elevations Approval with Conditions


Miss Emma Fallon J D Wetherspoon plc Wetherspoons Bethlehem Street Grimsby North East Lincolnshire DN31 1JQ

Removal of Condition 1 (Temporary Permission) as granted on application DM/0263/14/FUL (Create new pavement cafe alongside existing public house) to allow continued use of the pavement cafe seating area Approval with Conditions


Mr & Mrs Catley 51 North Sea Lane Cleethorpes North East Lincolnshire DN35 0PS

Erect canopy to front Approval with Conditions

Page 11

DM/0632/16/ADV Advertisement Consent

Mr Ben French HSBC Corporate Real Estate 55 Victoria Street Grimsby North East Lincolnshire DN31 1UX

Display 1 internally illuminated fascia sign, 1 internally illuminated hanging sign, 10 non-illuminated vinyls and 2 non-illuminated enamel panels Approval with Conditions


Mr Ivan Croft Land West Of 4 Kingsfield Farm Main Road Barnoldby Le Beck Grimsby North East Lincolnshire DN37 0SB

Change of use from paddock into residential garden. Approval with Conditions

DM/0640/16/PNH Prior Approval Householder

Mr Russell Houltby 4 Broadway Grimsby North East Lincolnshire DN34 5RN

Prior approval to erect a single storey extension to rear: Extends beyond the rear wall - 4m Maximum height - 3.2m Height of extension to eaves - 2.4m Householder Permitted Development


Mr J Spinks 18A Broadway Grimsby North East Lincolnshire DN34 5RN

Details in Discharge of Condition 2 (Surface Water Drainage) pursuant to DM/0580/15/FUL (Erect two storey extension to side of existing dwelling) Conditions Complied With


Mitchells & Butlers Retail Limited 26 Victoria Street Grimsby North East Lincolnshire DN31 1DG

Change of use of land to provide external seating area Approval with Conditions


Mr J Collis 30 Taylors Avenue Cleethorpes North East Lincolnshire DN35 0LS

Erection of detached dwelling and formation of new vehicular access (Re-submission of DM/0653/15/FUL) Approval with Conditions

Page 12

DM/0651/16/REM Reserved Matters

Mr A Thompson 82 Caistor Road Laceby Grimsby North East Lincolnshire DN37 7JD

Reserved Matters application as granted on DM/0770/15/OUT (Outline application to a erect one dwelling with garage with access, landscaping, layout and scale to be considered) with appearance to be considered & Details in Discharge of Conditions 4 (Surface Water Drainage), 5 (Access) & 6 (Landscaping) Approval with Conditions


Mr Paul Barley Grimsby Institute Welholme House 49 Bargate Grimsby North East Lincolnshire DN34 5AD

G1 various trees: lift canopy to 4m G2 lift canopy to 3m T1 Cherry: reduce canopy encroachment to provide 1m clearance to neighbouring property Approved


Dr Prakash Sinha 20 Scartho Road Grimsby North East Lincolnshire DN33 2AD

T1 Ash: reduce canopy spread to approximately 3m radius from base of tree. Reduce height approximately to point no lower than 12m cutting back to viable secondary growth points. T2 Ash: reduce canopy spread to approximately 3m from base of tree. Reduce height approximately to point no lower than 8m cutting back to viable growth points. T3 Lombardii Poplar, cut back to previous cut point. T4 Lombardii Poplar, reduce height of tree to approximately 9m T5 weeping Willow: reduce canopy spread to approximately 4m from base of tree, lift canopy to 4m above ground level. Reduce height approximately to point no lower than 10m cutting back to viable growth points to retain weeping silhouette from apex to base Approved


Thomas Tuplin 43 Pershore Avenue Grimsby North East Lincolnshire DN34 5PW

Prior Notification to erect single storey extension to rear: Extend beyond rear wall - 3.4m Maximum height - 3.1m Height of extension to eaves - 2.5m Householder Permitted Development

Page 13


Mr Michael Pearse 12B Welholme Avenue Grimsby North East Lincolnshire DN32 0HP

T1 multi stemmed Sycamore; Fell Reason: tree close to house excessive shading and possible weak unions. Approved

DM/0663/16/DEM Demolition - Prior Approval (full)

Bourne Leisure Limited Thorpe Park Holiday Centre Humberston Grimsby North East Lincolnshire DN36 4GG

Prior Notification application to demolish ten dilapidated single storey timber/prefab buildings Prior Approval Granted


Mr Ward Grange Garth Low Road Healing Grimsby North East Lincolnshire DN41 7QB

Ash: Fell, replace with Ginkgo biloba Reason: excessive shading to neighbours and applicants property Approval with Conditions


Ms Ellen Thinnesen 24 Church Avenue Humberston Grimsby North East Lincolnshire DN36 4DL

Tree 1 Monterey Cypress: neighbours on Church Avenue verbally threatening legal action- the tree is uprooting the driveway and significantly overhanging their property, falling branches are damaging the neighbours garage - see photos. I am applying to fell it. I wish to replace with a silver birch in the same location. Approval with Conditions


Mrs Jacqueline Bean 25 The Drive Waltham Grimsby North East Lincolnshire DN37 0FB

Oak (T10) - laterally reduce crown by 3m all round to leave 5m crown spread, lift crown to 6m above road and remove major dead wood and epicormic shoots. Lightly re-shape upper crown following lateral reduction. Works required to improve daylight access and to clear adjacent garage. Approval with Conditions

Page 14


Miss Stephanie Hanslip 74 Bluestone Lane Immingham North East Lincolnshire DN40 2EJ

Variation of Condition 4 (Outdoor Seating) attached to planning application DM/0053/16/FUL (Change of use of former dental surgery to tearoom) to allow outdoor seating. Approval with Conditions


Mr Richard Clinch 10 The Avenue Great Coates Grimsby North East Lincolnshire DN37 9NR

Remove Conifer tree that is causing excessive shading and Physical damage, to No.8 and No.10. Approval with Conditions


Mrs Sandra Merryman 100 Peaks Lane New Waltham Grimsby North East Lincolnshire DN36 4LY

Prior Notification to erect single storey extension to rear: Extend beyond rear wall - 4.5m Maximum height - 4m Height at eaves - 2.5m Householder Permitted Development


Mr And Mrs P Jackson 57 Eastfield Avenue Grimsby North East Lincolnshire DN33 2PD

Prior Notification to erect single storey extension to rear: Extend beyond rear wall - 4.35m Maximum height - 3.5m Height at eaves - 2.5m Householder Permitted Development

DM/0706/16/PAT Prior Approval - Telecom

H3G UK Limited Hutchison 3g Site Dn0082 Clee Road Cleethorpes North East Lincolnshire

Prior notification to remove existing 15m high monopole and replace with 14.7 metre high Phase 4 monopole with wrap-around diplexor cabinet at base, installation of a Pogona cabinet and associated development. Prior Approval not required

Page 15


Mr Michael Gillin 57 Runswick Road Grimsby North East Lincolnshire DN32 8HD

Prior Notification to erect single storey extension to rear: Extend beyond rear wall: 3.5m Maximum height: 3.1m Height at eaves: 2.1m Extend beyond rear wall 3.5m Height from ground level 3.1m Height to eaves 2.1m Householder Permitted Development


Mr James Robinson Lindsey Tree Services Ltd 17 Sackville Street Grimsby North East Lincolnshire DN34 4NX

Lime (T1 & T2) - lift crowns to 7m and remove major dead wood. Works to improve daylight access and safety. Hornbeam hedge (rear garden) - extremely overgrown and limiting use of rear garden - fell Approval with Conditions

DM/0748/16/SCR EIA - Screening

Brianplant (Humberside) Limited Land At Europa Way Kiln Lane Stallingborough North East Lincolnshire

Application for screening opinion - Waste Transfer and Processing site Environmental Impact Assessment not req

DM/0750/16/TCA Works to a tree with a TPO

Mr Paul Mountain 1A Abbey Drive East Grimsby North East Lincolnshire DN32 0HD

I'm applying for a retrospective notification for work carried out and to carry out further work to a previous 211 Notice in 2013 ref DC/710/13PAR which had expired. Approved

DM/0804/16/NTC Notification Telecom

Fred Parker GVA Fabricom Kings Road Immingham North East Lincolnshire DN40 1BL

Prior Notification application to install 3 antennas to be mounted on existing support poles and associated development No Observations

Page 16


Openreach S/O 5 Brocklesby Avenue Immingham North East Lincolnshire DN40 2AS

Prior Notification application to install an electronic DSLAM cabinet No Observations


Openreach Limited O/S 106 Margaret Street Immingham North East Lincolnshire DN40 1LB

Prior Notification application to install an electronic DSLAM cabinet No Observations

Page 17

DEVELOPMENT MANAGEMENT

APPEALS LIST – 31st August 2016

APPLICATION NUMBER & SITE ADDRESS

APPEAL REFERENCE & STATUS

OFFICER & PROCEDURE

DM/1083/15/FUL

Spiders Web Carr Lane Grimsby North East Lincolnshire DN32 8LN

AP/013/16

INPROG

Simon Johnson

Written Representations

DM/0214/16/OUT

Fenby House Post Office Lane Ashby Cum Fenby Grimsby North East Lincolnshire DN37 0QS

AP/014/16

INPROG

Richard Limmer

Written Representations

DM/0369/16/TPO

1C Queen Elizabeth Road Humberston Grimsby North East Lincolnshire DN36 4DQ

AP/015/16

INPROG

Paul Chaplin

Fast Track

Item 6

Page 19

Appeal Decisions Site visit made on 26 July 2016

by A Napier BA(Hons) MRTPI MIEMA CEnv

an Inspector appointed by the Secretary of State for Communities and Local Government

Decision date: 16 August 2016

Appeal A Ref: APP/B2002/W/16/3148772

43 High Street, Laceby, Grimsby DN37 7AB

The appeal is made under section 78 of the Town and Country Planning Act 1990

against a refusal to grant planning permission.

The appeal is made by Mrs Jane Holloway against the decision of North East Lincolnshire

Council.

The application Ref DM/0004/16/FUL, dated 4 January 2016, was refused by notice

dated 8 March 2016.

The development proposed is described as ‘retrospective permission for solar panels on

side elevation’.

Appeal B Ref: APP/B2002/Y/16/3148386

43 High Street, Laceby, Grimsby DN37 7AB

The appeal is made under section 20 of the Planning (Listed Buildings and Conservation

Areas) Act 1990 against a refusal to grant listed building consent.

The appeal is made by Mrs Jane Holloway against the decision of North East Lincolnshire

Council.

The application Ref DM/0005/16/LBC, dated 4 January 2016, was refused by notice

dated 8 March 2016.

The works proposed are described as ‘retrospective permission for solar panels on side

elevation’.

Decisions

1. Appeal A and Appeal B are dismissed.

Main Issue

2. The appeal buildings are situated within the Laceby Conservation Area andform part of a complex of historic farm buildings with the adjacent College

Farmhouse, which is a grade II listed building. As such, it is not a matter ofcontention that the appeal buildings are within the historic curtilage of the

listed building and, due to their age and relationship to the former farmhouse,should also be considered as listed. The listed building and Conservation Areaare designated heritage assets and I am mindful of my statutory duties in

these regards.

3. The main issue in this appeal is whether or not the proposal would preserve the

listed building, any features of special architectural or historic interest that itpossesses, or its setting, and preserve or enhance the character or appearanceof the Conservation Area.

Page 21

Appeal Decisions APP/B2002/W/16/3148772, APP/B2002/Y/16/3148386

2

Reasons

4. The Conservation Area covers much of the historic core of the village and contains a range of different buildings of varying ages and designs. Whilst

most of the village is predominantly residential in character, the historic core is more mixed and contains a variety of different uses. From the details before me, I consider that the importance of the Conservation Area is mainly derived

from the quality, variety and number of historic buildings and uses, their relationships to each other and the spaces between and around them.

5. The appeal site outbuildings are situated immediately adjacent to the listed farmhouse. From the evidence available to me, including the listing description, I consider that the significance of the listed farmhouse is largely

drawn from its historic age, use, form, fabric and architectural features. In addition, its prominent siting, at a junction on a main road through the village,

and its relationship with the other buildings around it, where it forms the dominant feature within the former farmyard complex, are elements that are important to its setting and overall significance.

6. Part of the range of outbuildings has been converted to a dwelling. With the exception of this residential element, most of the remainder of the outbuildings

appear largely unaltered. Due to their overall form, scale, design and siting, they retain a strong visual relationship to the listed farmhouse and, whilst some appear to be in rather poor condition, the agricultural origins of the

buildings, their former functional relationship to the farmhouse and their location within the farmyard complex are clearly discernible.

7. The solar panels were in place at the time of my visit and cover much of the south facing roof slope of the building situated to the north of the site. Although other ancillary residential elements were also evident, such as a

greenhouse and caravan, the siting of the solar panels results in a highly visible addition to the site. Due to their siting, design and overall scale, they appear

as an incongruous modern addition to this range of buildings, which significantly alters the overall appearance of the complex and detrimentally diminishes its historic character. Furthermore, they are plainly visible in wider

views from Cooper Lane and New Chapel Lane, resulting in a harmful impact on contextual views of the listed farmhouse within the streetscene.

8. Consequently, I conclude that these solar panels have a materially harmful effect on the character and appearance of the Conservation Area and do not preserve, but materially detract from, the listed building and its setting. They

are contrary to the North East Lincolnshire Local Plan 2003 Policies BH1 and BH5, which seek to protect local character and appearance, including in relation

to the historic environment.

9. Although the proposal causes harm to the significance of the heritage assets,

there is nothing before me to indicate that they have resulted in the loss of or damage to any features of particular special interest, and the works involved directly affect one site within a larger Conservation Area. As such, I consider

that the harm, whilst material, is less than substantial. Paragraph 134 of the National Planning Policy Framework (the Framework) requires that, in the case

of designated heritage assets, the harm should be weighed against the public benefits of the proposal, including securing its optimum viable use.

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Appeal Decisions APP/B2002/W/16/3148772, APP/B2002/Y/16/3148386

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10. From the information provided, I consider the main public benefit resulting

from the scheme to be the provision of a form of renewable energy to support the residential use of the appeal dwelling. Whilst I recognise that the energy

efficiency benefits to the appellant are likely to be significant, given the scale of the development concerned, I consider that the wider public benefits are likely to be more modest. Furthermore, although the panels would also appear to

have the potential to contribute to securing the long-term retention of the appeal buildings, given the condition of the buildings at the time of my visit, I

consider that the benefits of the panels in this regard are likely to be limited. Nonetheless, taking into account the general encouragement in the Framework for such development, I give them moderate weight.

11. Paragraph 132 of the Framework advises that great weight should be given to the conservation of a designated heritage asset in considering the impact of a

proposal on its significance, which can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing

justification. In addition, paragraph 131 of the Framework refers to the desirability of new development making a positive contribution to local

character and distinctiveness. For the above reasons, I consider that the development would not make such a contribution and, as such, whilst the use of the site as proposed may be viable, it would not represent its optimum use.

12. For these reasons, I conclude that the benefits of the proposal would not be sufficient to outweigh the harm identified to the significance of the heritage

assets and the proposal would not meet the aims of paragraph 17 of the Framework, to take account of the different roles and character of different areas and conserve heritage assets in a manner appropriate to their

significance.

Other matters

13. The submitted details indicate that the solar panels were installed some five years ago by the previous owner of the site and I understand that no complaints have been received since then. I also recognise that a decision to

dismiss the appeal may well cause significant inconvenience and expense to the appellant. However, none of these matters, either individually or

cumulatively, are sufficient to outweigh the harm identified. As such, they do not lead me to alter my findings above.

Conclusions

14. For the above reasons and having regard to all other matters raised, I conclude that the appeals should be dismissed.

A Napier

INSPECTOR

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Appeal Decision Hearing held and site visit made on 8 March 2016

by Elizabeth Jones BSc (Hons) MTCP MRTPI

an Inspector appointed by the Secretary of State for Communities and Local Government


Appeal Ref: APP/B2002/X/15/3039179 174 Humberston Fitties, Humberston, North East Lincolnshire DN36 4HE

The appeal is made under section 195 of the Town and Country Planning Act 1990 as

amended by the Planning and Compensation Act 1991 against a failure to give notice

within the prescribed period of a decision on an application for a certificate of lawful use

or development (LDC).

The appeal is made by J Cordock against North East Lincolnshire Council.

The application (Ref.DM/0156/15/CEA) is dated 22 February 2015.

The application was made under section 192(1)(a) of the Town and Country Planning

Act 1990 as amended.

The use for which a certificate of lawful use or development is sought is as a

dwellinghouse without restriction as to the dates and times of occupancy.

Decision

1. The appeal is dismissed.

Application for costs

2. At the Hearing an application for costs was made by J Cordock against North East Lincolnshire Council. This application is the subject of a separate Decision.

Preliminary matters

3. The original application form simply states the existing and proposed use to be C3. Accompanying documentation sets out that the application seeks to

establish that the use of Chalet 174 as a dwellinghouse without restriction as to the dates and times of occupancy would be lawful. I have determined the

appeal on that basis.

Planning History and Background

4. 174 Humberston Fitties is a chalet located within the Humberston Fitties Chalet Park owned and operated by North East Lincolnshire Council. Each chalet is set within its own plot which is leased to the occupier.

5. Chalet 174 was originally constructed prior to the advent of planning control.

6. In 1992 Cleethorpes Borough Council granted planning permission Ref:

08/92/0213 (hereafter referred to as the 1992 Permission). The 1992 Permission was granted under the procedures set out in Regulation 4 of the Town and Country Planning (General Regulations) 1976 (hereafter referred to

as the 1976 Regulations) to continue the use of Cleethorpes Chalet Park, Anthony’s Park Road, Humberston for holiday purposes by extending the

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Appeal Decision APP/B2002/X/15/3039179

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holiday season such that, no unit of accommodation shall be used for holiday

purposes for at least eight consecutive weeks during the months of November, December, January, February and March each year.

7. The 1992 Permission was granted subject to two conditions:

Condition 1 - “the development for which permission is hereby granted shall be begun within a period of five years from the date of this

permission.”

Condition 2 - “For at least one complete period of eight consecutive

weeks each year between the months of November and March all units of accommodation shall be unused or unoccupied for any purpose between the hours of 4.00pm on any day and 9.00am the following

morning inclusive.”

8. It was agreed at the hearing that condition 1 was not relevant because the

Chalet Park already existed.

9. It is not known when the closed occupancy restriction was first brought into effect. It is thought that the physical barrier currently used to prevent

vehicular access into and out of the Chalet Park during the restricted hours commenced at the latest in 1996.

Case for the appellant

10. The appellant contends that the 1992 Permission is not a planning permission but a resolution made under the 1976 Regulations for the Council to carry out

development. There was no development to be carried out as the chalet already existed.

11. The 1992 Permission could not impose planning conditions.

12. The planning condition imposed on the 1992 Permission is ultra vires.

Case for the council

13. The 1992 Permission is considered to be a valid permission with clear enforceable conditions.

14. The use of Chalet 174 as a dwelling house for unrestricted occupancy would be in breach of Condition 2 of the 1992 Permission and therefore would not be lawful.

15. To support this, the Council rely on Counsel Opinion1.

Reasons

16. In order to determine whether the 1992 Permission is valid it is necessary to consider the legislation which was in force at the time i.e. 25 June 1992.

17. At this time section 316 and Part V of Schedule 16 of the Town Country

Planning Act 1990 (TCPA)(section 63 ‘Applications in connection with existing buildings and uses.’) were in force. Section 316 subsection (1) states “In

relation to land of local planning authorities and to the development by local authorities of land in respect of which they are the local planning authorities,

1Counsel Opinion, Landmark Chambers dated 10 July 2015, Council’s Statement of Case, Appendix 3.

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the provisions specified in Part V of schedule 16 shall have effect subject to

such exceptions and modifications as may be prescribed by regulations.”

18. The ‘modifications and exceptions’ referred to in section 316 subsection (1) in

this case are those contained in the 1976 Regulations. These regulations set out a procedural code which Councils were required to follow in order to obtain “deemed permission for development”. Having regard to documentary

evidence2, the appellant, contrary to his initial assertion, conceded at the hearing that the Council had obtained the second resolution necessary to grant

the 1992 Permission.

19. The Council acknowledge that the 1976 Regulations did not in themselves give authority for the Council to impose planning conditions. Rather that the

statutory powers to impose planning conditions derived from section 316 and Part V, Schedule 16 of the TCPA. Section 316 applied the provisions listed in

Part V Schedule 16 to the development of local authority land and the development of land by a local authority where they were the local planning authority. Schedule 16 included sections 63, 70 and 72. Section 63 permitted

the grant of planning permission without compliance with a condition to which permission was previously granted and sections 70 and 72 included the power

to impose conditions on the grant of planning permission. These sections were not modified by the 1976 regulations. It is clear that sections 70 and 72 did apply at the time the 1992 permission was granted and that by virtue of

section 316 the Council did have the power to impose conditions on any planning permission granted in accordance with the procedure set out in the

1976 regulations. In respect of section 36 it is less clear.

20. Counsel’s opinion3, submitted by the Council, explains that section 63 had been repealed from the main body of the Act and replaced by section 73A before the

1992 decision was made although Part V Schedule 16 was not amended to reflect this. Counsel considers that, because Schedule 16 was not amended,

section 63 continued to apply to the grant of planning permissions by the Council at that time. In the absence of any legal authority to the contrary, I see no reason to disagree with this reasoning and conclusion that the Council

did, therefore, have the power to grant a retrospective permission for use of land without compliance with conditions attached to a previous planning

permission, at the time the 1992 permission was granted.

21. The question is whether it was possible at that time to grant permission for continuing use of the whole of the Chalet Park without compliance with

previous conditions to which planning permission had been granted.

22. Historically the development of the Chalet Park has occurred with different

chalets being built at different times. The Council consider that this resulted in a variance between chalets regarding levels of occupancy.

23. According to the Council large parts of the site were, prior to 1992, subject to a planning restriction limiting occupancy between April and October. The Council informed the hearing that the 1992 Permission was granted in order to

regularise the whole site with the same closed season occupancy condition. Consequently, although the 1992 Permission did not involve development4 the

2 Council Memorandum dated 27 July 1992, Council’s Statement of Case, Appendix 2. 3 Counsel Opinion, Landmark Chambers dated 10 July 2015, Council’s Statement of Case, Appendix 3. 4 Section 55, Town and Country Planning Act 1990.

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Council consider that it was “a valid retrospective permission” granted under

section 63 of the TCPA.

24. The appellant contends that this is not possible because no conditional planning

permission existed for their Chalet and the 1992 Permission could not remove the pre-existing use rights i.e. the unrestricted occupancy of Chalet 174.

25. The Council considers that there exists a “significant and varied amount of

planning history”. Although I have been provided with no specific details of the planning history of the site I have had regard to the documentary evidence

before me5. Given the size of the chalet park and the number of chalets, it is reasonable to consider on the balance of probabilities that there exists a certain amount of planning history for this site. Moreover, as different chalets were

built at different times it is reasonable to consider on the balance of probabilities that restrictive occupancy conditions applicable to different parts

of the site could have existed prior to the 1992 Permission.

26. The 1992 Permission allowed the pre-existing holiday use of the Chalet Park to continue without compliance with the existing restrictive occupancy conditions

which applied to parts of the site, subject to the new less restrictive, occupancy conditions contained in Condition 2 which applied to the site as a whole.

Having regard to the High Court Judgement6, the 1992 Permission could restrict any proposed permanent residential use of the Chalet notwithstanding that such a use may have been lawful prior to the grant of the 1992 Permission

if the grant of permission for the whole site as a single planning unit was necessary.

27. The appellant contends that Chalet 174 should be considered as a separate planning unit. Case law7 establishes that it may frequently occur that within a single unit of occupation two or more physically separate and distinct areas are

occupied for substantially different and unrelated purposes. In those circumstances each area used for a different main purpose together with its

ancillary and incidental activities ought to be considered as a separate planning unit. In this particular case, the whole Humberston Fitties Chalet Park is owned, controlled and operated by the Council as one site. Although each of

the chalets is a physically separate unit each set within its own plot, they are all used for the same purpose i.e. as residential holiday accommodation. The

chalets are not functionally separate from the holiday chalet park use. For the purposes of this application, it is appropriate to identify the whole chalet park as the appropriate planning unit.

28. As detailed above, I see no reason to disagree with the Council’s evidence that permissions existed for other Chalets with more onerous occupancy conditions

and that consequently the 1992 permission was necessary to regularise the occupation of the Chalet Park as a single planning unit.

Conclusion

29. For the reasons given above, I conclude that the applicant has not demonstrated on the balance of probabilities, that the condition attached to the

1992 Permission is unlawful and does not restrict the dates and times of occupation of accommodation in the Chalet Park, including occupation of

5 Council Memorandum dated 27 July 1992 & Council’s letter dated 28 July 1992 Appendix 3. 6 Wiggins v SSETR & Slough Borough Council [2001] P.L.C.R (Page 22). 7 Burdle v SSE [1972] 1 WLR 1207.

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5

Chalet 174. I therefore conclude that the Council’s deemed refusal to grant a

certificate of lawful use or development in respect of the use of Chalet 174 as a dwellinghouse without restriction as to the dates and times of occupancy was

well founded and that the appeal should fail. I exercise accordingly the powers transferred to me under section 195(3) of the 1990 Act as amended.

Elizabeth Jones

INSPECTOR

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APPEARANCES

FOR THE APPELLANT:

Mr J Cordock

Mr C Kendall Mr P Harwood

Appellant

Agent Local Resident

FOR THE LOCAL PLANNING AUTHORITY:

Mr S Johnson North East Lincolnshire Council

DOCUMENTS

1. Transcript of Wiggins v SSETR [2000] P & CR 22.

2. Transcript of Archway Sheet Metal Works Ltd v SSCLG [2015] EWHC 794 (Admin).

3. Copy of appeal decision Ref: APP/B2002/A/08/2091651.

4. The Appellant’s cost application.

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Costs Decision

Hearing held and site visit made on 8 March 2016

by Elizabeth Jones BSc (Hons) MTCP MRTPI DipTP MRTPI

aan Inspector appointed by the Secretary of State for Communities and Local Government


Costs application in relation to Appeal Ref: APP/B2002/X/15/3039179 174 Humberston Fitties, Humberston, North East Lincolnshire DN36 4HE

The application is made under the Town and Country Planning Act 1990, sections 195,

322 and Schedule 6, and the Local Government Act 1972, section 250(5).

The application is made by J Cordock for a full award of costs against North East

Lincolnshire Council.

The hearing was in connection with an appeal against the failure of the Council to issue

a notice of their decision within the prescribed period on an application for a certificate

of lawful use or development for the use as a dwellinghouse without restriction as to the

dates and times of occupancy.

Decision

1. The application for an award of costs is refused.

Procedural Matter

2. The costs application was submitted in writing at the hearing by the appellant.With regard to the document ‘Application for a Full Award of Costs in Favour ofthe Appellant’ - the appellant confirmed orally at the hearing that he no longer

wished the written submissions made under heading “Possible additionalreferences which may or may not be used depending on the progress of the

hearing” at the bottom of page 4 and in pages 5, 6 & 7 to be taken intoaccount.

3. The Council’s response was made orally at the hearing.

The submissions for Mr J Cordock

4. The Planning Practice Guidance (PPG) states that if it is clear that the local

planning authority will fail to determine an application within the time limits, itshould give the applicant a proper explanation. In any appeal against non-determination the local planning authority should explain their reasons for not

reaching a decision within the relevant time limit and why permission would nothave been granted had the application been determined within the relevant

period.

5. If an appeal in such cases is allowed, the local planning authority may be at

risk of an award of costs, if the Inspector or Secretary of State concludes thatthere were no substantive reasons to justify delaying the determination andbetter communication with the applicant would have enabled the appeal to be

avoided altogether. Such a decision would take into account any unreasonablebehaviour on the part of the applicant in causing or adding to the delay.

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Costs Decision APP/B2002/X/15/3039179

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6. The appellant was informed by the Council that the application was valid on

27 February 2015 and that the period for determination expired on 24 April 2015.

7. Emails were exchanged between the Council and the appellant which culminated in an email from the Council dated 18 May 2015.

8. The appellant emailed the Council on 18 May 2015 informing the Council that if

no decision or explanation of the current situation was received within 5 days an appeal for non-determination would be made.

9. The Council were given a week’s warning of the possibility of an appeal being made. The Council were given time to offer an explanation for the delay and to seek an extension of time agreement. The Council did nothing in that week to

avoid an appeal.

10. The Council’s failure to determine the application within the 8 week period or

explain why an extension of time was necessary amounts to unreasonable behaviour. Had the Council determined the application the appellant may have been persuaded by the merits of their argument and decided not to appeal or

may have decided to address those reasons by another application. As it was, the applicant was left with no practical alternative but to lodge an appeal.

11. The Council has behaved unreasonably and that has put the appellant to the unnecessary expense of an appeal.

The response by North East Lincolnshire Council

12. The correspondence between the appellant and the Council show a delay of one month with no request for additional time having been made.

13. The reason for the delay became obvious at a later date when it was decided to seek external legal advice. However, this information was not relayed to the appellant or his agent in a timely manner.

Reasons

14. The PPG advises that costs may be awarded where a party has behaved

unreasonably and the unreasonable behaviour has directly caused another party to incur unnecessary or wasted expense in the appeal process.

15. The application for costs was made on the grounds that the Council delayed

determining the application.

16. The Council acknowledge that there was a delay in determining the application

due to seeking external legal advice and that this was not communicated to the applicant. Although I note that the applicant suspected this was the reason for the delay.

17. The PPG advises that once an application has been validated, the local planning authority should make a decision on the proposal as quickly as possible, and in

any event within the statutory time period unless a longer period is agreed in writing with the applicant. The Council accept that a longer period was not

agreed with the applicant.

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Costs Decision APP/B2002/X/15/3039179

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18. Based on the merits of this case the Council considered it necessary to obtain

Counsel Opinion. It was seeking this Opinion that led to the delay in determining the application.

19. Having regard to the nature of the legal arguments involved in this particular case it was not unreasonable for the Council to seek further advice which justified delaying the determination of the application. Nevertheless, it would

have been courteous for the Council to communicate to the appellant the reason for the delay and to agree a longer period in which to make their

decision. It appears that the Council did not do so in this case, which is not good practice.

20. I accept that had the Council determined the application the appellant would

have had the opportunity to consider other courses of action. Nonetheless from the opposing stances taken by each party, it is clear that a resolution

would not have been achieved without taking the matter to appeal.

21. In conclusion, I find that it has not been demonstrated that the behaviour of the Council has resulted in unnecessary or wasted expense for the appellant.

Elizabeth Jones

INSPECTOR

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PLANNING COMMITTEE - North East Lincolnshire Council · rks), 7 (Fin and Conditi on of Ceilin...

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