Venue: Town Hall, Scarborough
\n\t\tContact: Anne Smith \n\t\t\n\t\t
\n\t\t\n\t\tItems\n\t\t\n\n\t\t\tNo.\n\t\t\tItem\n\t\t\n\n\t\t\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\n\t\t\t\t\tDeclarations of Interests PDF 50 KB
\nMembers are reminded\nof the need to consider whether they have a personal or prejudicial\ninterest to declare in any of the items on this agenda. If so, the nature of the interest\nmust be declared at the start of the meeting. In addition, the attached form\nmust be completed and passed to the Committee\nAdministrator. The\nOfficers will be pleased to advise, if necessary, and any request\nfor assistance should be made, in the first instance, to the\nCommittee Administrator whose name appears at the end of this\nagenda. Ideally, such\nadvice should be sought before the day of the meeting so that time\nis available to consider any uncertainty that might arise.
\nMinutes:
\nCouncillor Mrs Hazel E\nLynskey, declared a Personal and\nPrejudicial interest in agenda item 4,\nPlanning Application, The Croft, 44 High Street, Scalby as the\ndevelopment was directly next to her back garden.
\nCouncillor Brian A\nO'Flynn, declared a Personal and\nPrejudicial interest in agenda item 8, Planning Application, 33\nPrincess Royal Terrace, Scarborough as he knew the applicants well\nand sometimes had meals with them.
\nCouncillor Mrs Rosalyn\nElizabeth Fox, declared a Personal\ninterest in agenda item 8, Planning Application, 33 Princess Royal\nTerrace, Scarborough as the applicants were known to her.
\nCouncillor Brian A\nO'Flynn, declared\na Personal interest in agenda item 10, Development Brief, Dean\nRoad, Scarborough as he was the owner of 4 Clifton Street and a\ntrustee of Scarborough Municipal Charities.
\nCouncillor Cecil E\nRidley, declared a Personal and\nPrejudicial interest in agenda item 10, Development Brief, Dean\nRoad, Scarborough as his niece had the Play Zone business within\nthe site.
\nCouncillor David L\nBilling, declared a Personal and\nPrejudicial interest in agenda item 10, Development Brief, Dean\nRoad, Scarborough as he was a Trustee of Coast and Moors Voluntary\nAction which may be interested in using part of the site.
\nCouncillor Geoffrey\nEvans, declared a Personal interest in\nagenda item 10, Development Brief, Dean Road, Scarborough as he was\na Trustee of Scarborough Municipal Charities.
\nCouncillor Mike\nWard, declared a Personal and\nPrejudicial interest in agenda item 10, Development Brief, Dean\nRoad, Scarborough as he was a Trustee of Coast and Moors Voluntary\nAction who had an interest in the site.
\nCouncillor Mrs\nDilys Vine Cluer, declared a Personal interest in agenda item\n10, Development Brief, Dean Road, Scarborough as she had received\nemails on this subject from a number of people, some of whom were\nknown to her.
\nCouncillor Mrs Dorothy\nClegg, declared a Personal interest in\nagenda item 10, Development Brief, Dean Road, Scarborough as she\nwas a Trustee of Scarborough Municipal Charities.
\n\n
To approve as a\ncorrect record and sign the Minutes of the meeting held on 2 July\n2009. (Minutes\nattached).
\nMinutes:
\nRESOLVED that the minutes of the\nmeeting held on 2 July 2009 be approved as a correct record and\nsigned by the Chairman.
\n\n
Public Question Time
\nPublic questions of\nwhich due notice has been given and which are relevant to the\nbusiness of the Committee.
\nMinutes:
\nThe Chairman reported that no public questions\nhad been received.
\n\n
Councillor D Billing\nin the Chair
\nPlanning Application 0 (09/00764/FL), The Croft, 44 High Street, Scalby PDF 199 KB
\n\nTo\nconsider:
\n(i) \na planning application for proposed three-bedroomed detached dwellinghouse, for Mr S\nDawson; and’.
\n(ii) \na report by the Head of Regeneration and\nPlanning (Reference 09/397) attached.
\n\n\n
Additional documents:
\n\t\t\t\t\t\nMinutes:
\n(i) \na planning application for proposed\nthree-bedroomed detached dwellinghouse, for Mr S Dawson;\nand
\n(ii) \na report by the Head of Regeneration and\nPlanning (Reference 09/397)
\nThe\nplanning officer referred to paragraph 1.2 of the report and\nadvised that some confusion had arisen over property names due to\nthe submitted drawings erroneously referring to 5 North Street as 5\nGranville Terrace. The\nlast date for receipt of re-consultation comments should be 24\nJuly, not 22 July as stated in paragraph 3.6 of the report and the\nofficer asked that delegated authority be granted to officers, in\nconsultation with the Vice-Chairman to issue the decision subject\nto no comments being received during Friday 24 July raising any new\nmaterial issues. \nMembers were advised that the Council’s Tree Officer agrees\nwith recommendations over removal of six of the seven trees in the\n3 July Tree Survey. One\ntree ref 715 next to 5 North Street should be retained. He repeats concerns over the lack\nof BS.5837 survey information and again recommends root protection\nareas. No change is\nrequired to reason for refusal 3 as it is the lack of root\nprotections details and the risk of harm to the other trees during\nconstruction works which are of concern. Comments received from the\nCouncil’s Ecologist were reported to the meeting and Members\nwere informed that he does not consider the current proposals\nconstitute a detriment to the badger population in the\narea. The latest report\nconfirmed the strong possibility of badger foraging routes but\nnotes the absence of badgers in recent times. He was also satisfied\nwith the proposed revised hedgerow composition and acknowledged\nthat this would serve as mitigation for habitat loss\nelsewhere. Mrs Allen of\n5 North Street still objected but this appeared due to the\nconfusion over the fencing being referred to as “next to 5\nGranville Terrace”. In accordance with the\nCouncil’s Public Speaking Scheme, Mr S Dawson, the owner,\nspoke in support of the application before the Committee commenced\nits debate of this item. Members considered that the\nproposed development would be cramped, the site was too small and\nthey could not approve the principle of development on the\nsite. The fact that\nthere was currently an absence of badgers did not mean that they\nwould not return in future. Members agreed that large gardens\nwere a feature of the Scalby Conservation Area which should be\npreserved. They felt\nthat the size and design of the proposed development were not\nacceptable and would result in overdevelopment of the\nsite. Members agreed\nwith the comments of Scalby Village Trust in paragraph 3.7 of the\nreport and considered that the development would not enhance the\ncharacter and appearance of the Conservation Area and would be\ncontrary to various adopted policies in the Scarborough Borough\nLocal Plan. Members\nagreed that condition 5 should be amended to reflect their concerns\nregarding the principle of development on this\nsite.
\nRESOLVED that,\nsubject to no comments being ... \nview the full minutes text for item 4.
\nTo consider:
\n(i) \na planning application for a proposed\nperimeter path to football pitch for George Pindar Community Sports\nCollege; and
\n\n(ii) \na report by the Head of Regeneration and\nPlanning (Reference 09/441) attached.
\n\n\n
Additional documents:
\n\t\t\t\t\t\nMinutes:
\n(i) \na planning application for a proposed\nperimeter path to football pitch for George Pindar Community Sports\nCollege; and
\n(ii) \na report by the Head of Regeneration and\nPlanning (Reference 09/441).
\nMembers were advised that the application had\nbeen withdrawn.
\nRESOLVED that this be noted.
\n\n
Councillor Mrs H\nLynskey in the Chair
\nPlanning Application - (09/-1133/FL) - 38B Station Road, Filey PDF 172 KB
\nTo consider:
\n\n(i) \na planning application for change of use\nof shop to bingo and amusements, for Mr J Corrigan; and
\n\n(ii) \na report by the Head of Regeneration and\nPlanning (Reference 09/402) attached.
\n\n\n
Additional documents:
\n\t\t\t\t\t\nMinutes:
\n(i) \na planning application for change of use\nof shop to bingo and amusements, for Mr J Corrigan; and
\n(ii) \na report by the Head of Regeneration and\nPlanning (reference 09/402).
\nMembers were reminded that a letter dated 16\nJuly from the Applicant’s Agent which had been received on 20\nJuly had been circulated to Members on 22 July and the details were\nreported at the meeting but it did not contain information which\ncould amend the recommendation for refusal.
\nRESOLVED that permission be\nREFUSED on the following\ngrounds:-
\n1. \nThese premises are located in a small shopping parade situated\nwithin a predominantly residential area on the edge of Filey Town Centre and the introduction of an\nAmusement facility in this context is considered to be out of\ncharacter and would contravene Policy L9 of the adopted Scarborough\nBorough Local Plan which does not allow for the establishment of\nsuch uses in Filey as they would erode\nits character and ambience as a quiet uncommercialised holiday resort. Furthermore the development of\nsuch uses in local shopping areas, close to residential property\n(such as this) can lead to problems of noise disturbance and a loss\nof amenity for residents.
\n\n
\nPlanning Application - (09/01202/HS) Quarry View, Nettledale Lane, Snainton PDF 148 KB
\nTo consider:
\n\n(i) \na planning application for amendment to\napproved extensions to increase roof height and enlarge bathroom\nwindow, for Mr St John Harris; and
\n\n(ii) \na report by the Head of Regeneration and\nPlanning (Reference 09/448) attached.
\n\n\n
Additional documents:
\n\t\t\t\t\t\nMinutes:
\n(i) \na planning application for amendment to approved extensions to\nincrease roof height and enlarge bathroom window, for Mr St John\nHarris; and
\n(ii) \na report by the Head of Regeneration and Planning (Reference\n09/448)
\nMembers were advised that the reference to\n40.5 degrees in the second sentence of paragraph 1.2 should read\n42.0 degrees and that since the last meeting the Applicant had been\nadvised that deeper rafters were needed in order to comply with\nBuilding Regulations and this would result in an overall increase\nof 0.29 metres, or 11 inches. Revised plans showing the effect\nhad been submitted and were displayed at the meeting. An additional condition would be\nrequired to refer to the revised plan.
\nRESOLVED that permission be\nGRANTED subject to the\nadditional condition referred to above and the following conditions\n:-
\n\n1. \nThe finish of the walls to be rendered shall match the render of\nthe principal existing building on the site in terms of colour and\ntexture and shall thereafter be so maintained, unless otherwise\nagreed in writing by the Local Planning Authority. Such rendering\nand colouring shall be completed within one month of the\ndevelopment hereby permitted first being brought into use, unless\notherwise agreed in writing by the Local Planning\nAuthority.
\n\nReason:\nIn\nthe interests of visual amenity to accord with Policy E14 of the\nadopted Scarborough Borough Local\nPlan.
\n\n2. \nThe first floor window in the south elevation shall be provided in\nobscure glazing, and shall thereafter be so maintained. The glazing\nshall be of a density to ensure that no objects or persons\npositioned on either side of it are readily\ndistinguishable.
\n\nNOTE: All so called\n‘privacy’ glasses should be to a minimum standard of\nlevel 3 of the Pilkington range or\nequivalent.
\n\nReason:\nIn\nthe interests of safeguarding residential amenity in accord with\nPolicy E14 of the adopted Scarborough Borough Local\nPlan.
\n\n
Planning Application 0 (09/00914/HS) 33 Princess Royal Terrace, Scarborough PDF 152 KB
\n\n\nTo\nconsider:
\n(i) \na planning application for proposed\nconservatory extension to rear, for Mr & Mrs R\nRodgers.
\n(ii) \na report by the Head of Regeneration and Planning (Reference\n09/386) attached.
\n\n\n
Additional documents:
\n\t\t\t\t\t\nMinutes:
\n(i) \na planning application for proposed\nconservatory extension to rear, for Mr & Mrs R Rodgers;\nand
\n(ii) \na report by the Head of Regeneration and\nPlanning (Reference 09/386)
\nRESOLVED that permission be\nGRANTED, subject to the\nfollowing conditions:-
\n1 \nPrior to construction works being carried out, details of the\nbrick(s) to be used to the external walls of the development hereby\npermitted, to include brickwork to replace the blockwork erected on the boundary wall, shall be\nsubmitted to and be approved in writing by the Local Planning\nAuthority. Samples\nshall be submitted if required by the Local Planning Authority and\nall the bricks used in the development shall conform to the\ndetails/samples so approved
\n\nReason: For the\navoidance of doubt and in accordance with the requirements of\nPolicy E.14 of the Scarborough Borough Local\nPlan.
\n2 \nThe block work used to increase the height of the boundary wall\nwith No. 31 Princess Royal Terrace shall be removed and replacement\nbrickwork erected in accordance with details/samples previously\napproved in writing by the Local Planning\nAuthority.
\n\nReason: For the\navoidance of doubt and in accordance with the requirements of\nPolicy E.14 of the Scarborough Borough Local\nPlan.
\n(In\naccordance with his declaration under Minute 1 above, Councillor B\nA O’Flynn left the room during\nthe debate and determination of the above\nitem.)
\n\n
Planning Application - (09/01142/FL) The Bungalow Hotel, Lythe Bank, Sandsend PDF 249 KB
\nTo consider:
\n(i) \na planning application for demolition of The Bungalow Hotel and\nconstruction of nine dwellings and car parking, improvements to\nsite access from Lythe Bank, for\nMarquis of Normanby; and
\n\n(ii) \na report by the Head of Regeneration and\nPlanning (Reference 09/410) attached.
\n\n\n
Additional documents:
\n\t\t\t\t\t\nMinutes:
\n(i) \na planning application for demolition of The Bungalow Hotel and\nconstruction of nine dwellings and car parking, improvements to\nsite access from Lythe Bank for Marquis\nof Normanby; and
\n(ii) \na report by the Head of Regeneration and\nPlanning (Reference \n09/410).
\nThe Planning Officer advised that the\nUnilateral Undertaking under Section 106 of the Town and Country\nPlanning Act regarding the provision of off-site affordable housing\nin Lythe had been completed and that an\napplication was expected to be made to North Yorks Moors National Parks, as the Planning\nAuthority, for planning permission for three two-bedroomed units following this\napplication. The\nCouncil’s Engineer had not had chance to consider the\napplication but conditions 10 to 15 addressed any concerns he might\nhave had. No written\nresponse had been received from Tourism and Culture but it was felt\nthat it was not essential to perpetuate the hotel use. Members voiced concerns about the\naccess from Lythe Bank and the\nreduction in the provision of affordable housing from the agreed\nlevel. Officers advised\nthat affordable housing provision is based on identified\nneed. In this area the\nneed will be met by the provision of three properties. A statement from the Mulgrave Estate was read to the meeting which gave\ndetails of the existing provision of below market rental properties\nwithin the area. It was\nsuggested that condition 17 be amended to ensure that the improved\nvisibility splay to the access from Lythe Bank should be provided, inspected and\napproved on site before the development takes place and this was\nagreed. Members also\nenquired whether a condition could be added requiring sustainable\ndevelopment and this was agreed.
\nRESOLVED that, third party representations\nhave been considered and subject to the amended and additional\nconditions agreed, permission be GRANTED, subject to the following\nconditions:-
\n1. \nBefore the commencement of the development above foundation level,\na one metre square freestanding panel of stonework showing the type\nof stone and stonework to be used in the construction of the\ndevelopment hereby permitted shall be constructed on site and\napproved in writing by the Local Planning Authority. All stonework to be used on the\ndevelopment shall match that of the approved panel in terms of the\nstone used and the coursing, jointing and mortar mix and finish,\nunless otherwise agreed in writing by the Local Planning\nAuthority. The stone\npanel so constructed shall be retained on the site until the\ndevelopment hereby approved has been completed.
\nReason: In the\ninterests of the visual amenity of the area to accord with Policy\nE12 of the adopted Scarborough Borough Local\nPlan.
\n2. \nThe roofs of the development hereby approved shall be clad in\nhandmade natural clay pantiles, a\nsample of which should be submitted to and be approved by the Local\nPlanning Authority before the commencement of development above\nfoundation level.
\nNOTE:
\nThe\nfollowing hand made natural clay pantiles are available\n:-
\nWilliam\nBlyth 'Barco'
\nWilliam\nBlyth ... \nview the full minutes text for item 9.
\n(For Approval)
\n\t\t\n\t\t\n\t\t\n\t\t\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\n\t\t\t\t\tDevelopment Brief - Dean Road, Scarborough PDF 197 KB
\n\nTo consider a report\nby the Head of Regeneration and Planning for a Consultation Draft\nof a Development Brief for land at Dean Road, Scarborough\n(Reference 09/381) attached.
\nAdditional documents:
\n\t\t\t\t\t\nMinutes:
\nThe Committee\nconsidered a report by the Head of Regeneration and Planning\n(Reference 09/381) which provided details of the planning guidance\nto be adopted in respect of adjacent sites in the\nDean\nRoad area together\nwith the consultation to be undertaken prior to the adoption of the\nDevelopment Brief. \nMembers were reminded that this matter was considered at Cabinet on\n21 July 2009. The\nDevelopment Brief was prepared due to the proposed relocation of\nthe Council Depot which presented an opportunity for development in\nconjunction with neighbouring sites. The report provided details of the\nhistory of the sites, the existing planning policy context and\nassessed the benefits and risks associated with the preparation of\na Development Brief. \nMembers were informed that various emails had been received,\nsuggesting that the St Mary’s site should be retained for\nhealth and social welfare uses, objecting to retail on the site,\nrequiring affordable housing and leisure facilities and the senders\nof the emails had been added to the consultation\ndatabase. There was a\nneed to secure regeneration benefits and maximise\nsustainability. Members\nquestioned the proposed timetable and asked how, in the event of\nsubstantial amendments following the consultation period, these\ncould be incorporated into the Brief between 3 September when it\nwould be considered by Committee and 7 September when it was to be\nconsidered by full Council. Members were advised that, as\nstated in the report in paragraph 7.1, the dates may be subject to\nchange. Members\nexpressed concern that the consultation was being carried out in\nthe height of the summer season when people may be on holiday and\nmiss the opportunity to comment. The officers advised that the\nconsultation period was the same for any other major planning\napplication and Members were only being asked to approve the Brief\nfor consultation, not decide what will go onto the\nsite. Members were\nreminded that there had recently been press reports regarding\nenquiries concerning the site and that it was important to have the\nDevelopment Brief in place in order to secure the maximum benefit\nand planning gain from the site. Officers advised that the Local\nPlan was prepared in 1999 and at that time it was not envisaged\nthat the two sites would be available at the same time. The proposed Development Brief\nreflects the situation which has now arisen and enables the\nopinions and views of the public and consultees to be considered.
\nRESOLVED that the\ncontents of the consultation draft of the Dean Road Development\nBrief be approved for consultation\npurposes.
\nThe\nrecommendation to Cabinet was; firstly to note the contents of this\ndraft version of the Development Brief and approve the principle of\npublication of a brief for purposes of public consultation; and\nsecondly to delegate to the Leader authority to\nreview the responses to consultation upon the brief and make\nrecommendations in connection therewith to the meeting of Full\nCouncil on 7 September 2009.
\nReason:\nThe Dean Road Council Depot is due to be disposed of by\n ... \nview the full minutes text for item 10.
\nControl of Advertisements Alongside Highways PDF 161 KB
\nTo consider a report\nby the Head of Regeneration and Planning (Reference 09/444)\nattached.
\nMinutes:
\nRESOLVED that members\nagree the principle of having a targeted strategy for dealing with\nadvertisements alongside highways over the next 6 months and that a\nfurther report on its effectiveness be made next\nyear.
\nReason:\nAlthough unauthorised advertisements\nalongside highways are a high priority in the Council’s\nadopted Enforcement Strategy, the limited enforcement resource in\nthe past has meant that whilst some signs have been removed, many\nhave remained in place, spoiling the approaches to the main towns\nin the Borough.
\nThe\nrecent appointment of a second temporary Enforcement Officer has\nenabled the preparation of an action plan to tackle the worst\noffenders and thereafter manage the situation such that the number\nof unauthorised signs in the future is reduced.
\n\n
(For Decision)
\n\t\t\n\t\t\n\t\t\n\t\t\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\n\t\t\t\t\t\nTo consider a report\nby the Head of Regeneration and Planning (Reference 09/411)\nattached.
\nAdditional documents:
\n\t\t\t\t\t\nMinutes:
\nThe Committee\nconsidered a report by the Head of Regeneration and Planning\n(Reference 09/411) which recommended a small change to the\noriginally recommended boundary enlargement of the Snainton Conservation Area following a public\nconsultation and a change to policy RMP4. Members were informed that\nconsultation letters had been sent to 100 occupiers within or close\nto the proposed area of change and the responses were set out in\nAnnex 3 to the report. \nAs a result of the consultation a small area near Pear Tree House\nwas to be deleted from the proposed designation and policy RMP4 had\nbeen amended accordingly.
\nRESOLVED that the\nreport be received and the conservation area boundary enlargement\nfor the Snainton Conservation Area, set\nout in annex 3 and 4 of the report be adopted.
\nReason: Snainton has previously been recognised as having\nspecial architectural and historic qualities, which it is desirable\nto preserve or enhance and which resulted in the designation of a\nConservation Area in 1985. A re-assessment has recognised a larger\narea as having special architectural and historic qualities.
\nThe recommendation is\nfor the adoption of the Character Appraisal and Management Plan\nwhich sets out a framework for establishing policies for ensuring\nthe qualities of the area are so preserved. It is also recommended\nthat the existing Conservation Area in Snainton be enlarged.
\n\n
Plans and photographs to be displayed at the\nCommittee meeting.
\n