Agenda and minutes

Planning Regulatory Committee - Monday, 9th March 2009 10.30 a.m.

Venue: Lancaster Town Hall

Contact: Jane Glenton, Democratic Services - telephone (01524) 582068 or email  jglenton@lancaster.gov.uk 

Items
No. Item

182.

Minutes

Minutes:

The Minutes of the meeting held on 9th February 2009 were approved as a correct record and signed by the Chairman.

183.

Items of Urgent Business authorised by the Chairman

Minutes:

There were no items of urgent business.

184.

Declarations of Interest

Minutes:

Members were advised of the following declarations of interest:

 

Councillor Budden declared a personal interest in A5 – 09/00014/OUT – Land to the rear of 1 St. Michaels Grove, Bolton-le-Sands, Carnforth, which had been withdrawn (Minute No. 186 refers), being Ward Councillor.

 

Councillor Chapman declared a personal and prejudicial interest in A12 09/00025/FUL – Land opposite 176 to 198 Ambleside Road, Lancaster (Minute No. 193 refers), being a director of LESS.

 

Councillor Heath declared a personal and prejudicial interest in A12 09/00025/FUL – Land opposite 176 to 198 Ambleside Road, Lancaster (Minute No.193 refers), two LESS directors being members of the Green Group.

 

Councillor Kay declared a personal and prejudicial interest in A12 09/00025/FUL – Land opposite 176 to 198 Ambleside Road, Lancaster (Minute No. 193 refers), two LESS directors being members of the Green Group.

 

Councillor Stamp declared a personal and prejudicial interest in A12 09/00025/FUL – Land opposite 176 to 198 Ambleside Road, Lancaster (Minute No. 193 refers), being an acquaintance of the applicant and trustees of LESS.

185.

Planning Applications

Minutes:

The Head of Planning Services submitted a Schedule of Planning Applications and his recommendations thereon.

 

Resolved:

 

(1)        That the applications be determined as indicated below (the numbers denote         the schedule numbers of the applications).

 

(2)        That, except where stated below, the applications be subject to the relevant           conditions and advice notes, as outlined in the Schedule.

 

(3)        That, except where stated below, the reasons for refusal be those as outlined        in the Schedule.

 

(a)

NOTE

 

 

 

 

 

 

 

A

-

Approved

 

R

-

Refused

 

D

-

Deferred

 

A(C)

-

Approved with additional conditions

 

A(P)

-

Approved in principle

 

A(106)

-

Approved following completion of a Section 106 Agreement

 

W

-

Withdrawn

 

NO

-

No objections

 

O

-

Objections

 

Category A Applications

Applications dealt with by the District Council without formal consultation with the County Council.

APPLICATIONS SUBJECT TO PUBLIC PARTICIPATION

It was noted that Councillor Budden had previously declared a personal interest in the following item, as Ward Councillor.

186.

Land to the rear of 1 St Michaels Grove, Bolton-le-Sands, Carnforth pdf icon PDF 19 KB

Outline application for mixed use development comprising of church hall, parking and live/work unit for David Hall

Minutes:

(Under the Scheme of Public Participation, Harry Brown had registered to speak in opposition to the application, which had subsequently been withdrawn.)

 

A5

09/00014/OUT

WITHDRAWN

BOLTON-LE-SANDS WARD

W

 

187.

4 St Pauls Drive, Lancaster pdf icon PDF 16 KB

Erection of 3 no. flats on land adjacent to 4 St Pauls Drive for Mr and Mrs Clark

Minutes:

(Under the Scheme of Public Participation, Lawrence Walker and
Peter Greenbank addressed the Committee in opposition to the application.)

 

A6

08/01110/FUL

Erection of 3 no. flats on land adjacent to 4 St. Pauls Drive for Mr. and Mrs. Clark

SCOTFORTH WEST WARD

R

 

Mr. Walker spoke in objection to the application.  He advised Members that he was a resident of St. Pauls Drive and when weddings and funerals were taking place at St. Pauls Church, parking on the Drive was a nightmare, with cars parked thoughtlessly across driveways.  The proposed block of flats would create even more chaos, with at least 6 additional vehicles and, when social events were taking place, up to 15 to 20 additional vehicles.  If St. Pauls Church was permitted to extend, parking would be even worse in future.  Parking in connection with children attending Ripley St. Thomas School and St. Pauls Junior School caused additional problems.  St. Pauls Drive was unique to the area and residents were proud of their homes and gardens.  The proposal was out of keeping with the existing buildings.  There was already an abundance of student accommodation in the area.  He requested that the application be rejected to allow residents to see their time out in peace and security.

 

Peter Greenbank spoke in objection to the application and informed Members that he was a resident of St. Pauls Drive and fully endorsed the comments of the previous speaker.  Residents closest to the proposed development had been in occupancy for an average of 35 years.  The proposal had caused stress and anxiety amongst residents, and the impact of the development would create considerable disruption.  He spoke on behalf of residents generally when he said that he could not see how such a development would blend in.  The flats were aimed at students and nurses, who worked unsociable hours.  Such a lifestyle would cause problems in the area.  Subsidence had occurred at No. 4 and he questioned whether the land would be suitable for the proposed development.  The development would impact on the light to the lounge of the adjacent property.  Residents had given time and attention to their properties and gardens.  If the flats were let, an absentee landlord would not be concerned about their upkeep.  He had only found out about today’s meeting as a result of a request to Planning Services for a progress report, and more residents would have been present to voice an opinion had they known about the meeting.

 

It was proposed by Councillor Blamire and seconded by Councillor Helme:

 

“That the application be refused.”

 

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That the application be refused for the following reasons, as set out in the report:

 

1.         Overdevelopment of the site.

2.         Detrimental to the street scene and the character and appearance of the locality.

3.         Injurious to the amenities of neighbouring occupiers.

4.         Inadequate off street parking and  ...  view the full minutes text for item 187.

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

188.

Land adjacent to Middleton Road, Middleton pdf icon PDF 16 KB

Siting of caravan adjacent to stable for Miss H Diviny-Day

Additional documents:

Minutes:

A7

08/01385/CU

Siting of caravan adjacent to stable for Miss H. Diviny-Day

OVERTON WARD

A

 

It was proposed by Councillor Taylor and seconded by Councillor Kay:

 

“That the application be approved.”

 

Upon being put to the vote, 14 Members voted in favour of the proposition, 3 against, with 3 abstentions, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That the application be approved, subject to the following conditions, as set out in the report:

 

1.         Temporary 3 year consent – caravan to be removed and land reinstated unless consent is granted for a further period.

2.         Precise siting of caravan in relation to stable block to be agreed.

3.         Foul and surface drainage arrangements to be agreed and implemented.

4.         Tree planting to be agreed and implemented.

 

and the following additional condition (suitably worded):

 

5.         Occupancy of caravan to be limited to someone employed full-time in the stable business.

189.

234 - 235 Marine Road Central, Morecambe pdf icon PDF 17 KB

Change of use from shop to community centre for Mr A Edzi

Minutes:

A8

09/00036/CU

Change of use from shop to community centre for Mr. A. Edzi

POULTON WARD

A(C)

 

It was proposed by Councillor Pritchard and seconded by Councillor Rogerson:

 

“That the application be approved.”

 

Upon being put to the vote, 17 Members voted in favour of the proposition, 1 against, with 2 abstentions, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That the application be approved, subject to the following conditions, as set out in the report, with amendment to condition 8:

 

1.         Standard 3 year time limit.

2.         Development to be built in accordance with the agreed details.

3.         The use of as a community centre/snooker hall shall be limited to the ground floor of the premises known as 234-235 Marine Road Central only.

4.         The use of the site shall be limited to a community centre/snooker and pool hall as described in the applicant’s submission details and supporting letter.

5.         The hours of use of the premises shall be limited to 8.00 a.m. to 2.00 a.m. (Friday and Saturday) and 8.00 a.m. to midnight Sunday to Thursday.

6.         Any external alterations to the building, including the installation of any flue/extraction systems shall be undertaken in accordance with details to be submitted to and agreed in writing with the Local Planning Authority.

7.         A scheme of soundproofing to the site shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be undertaken in accordance with the agreed scheme.

8.         Prior to use of the development, a scheme for the design, location and erection of bollards to the forecourt area shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be undertaken in accordance with the agreed scheme.  The forecourt shall not be used for the display of goods or ancillary uses.

9.         Before the site is brought into use, a detailed scheme for improvement to the entrance/shop front should be agreed with the Local Planning Authority.  The approved works should be implemented in accordance with a timetable to be agreed with the Local Planning Authority.

 

and the following additional condition (suitably worded):

 

10.       Details of disabled access.

190.

Vue Cinema, Church Street, Lancaster pdf icon PDF 15 KB

Installation of glazed doors at each end of Anchor Lane for Vue Entertainment Ltd

Minutes:

A9

09/00088/FUL

Installation of glazed doors at each end of Anchor Lane for Vue Entertainment Ltd

DUKE’S WARD

A(C)

 

It was proposed by Councillor Sherlock and seconded by Councillor Redfern:

 

“That the application be approved.”

 

Upon being put to the vote, 19 Members voted in favour of the proposition and 1 against, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That the application be approved, subject to the following conditions, as set out in the report:

 

1.         Standard time limit.

2.         Development according to approved plans.

3.         Precise details of door materials, glazing, colours and finishes to be submitted and agreed.

4.         Doors to remain unlocked (i.e. Anchor Lane remains accessible) during 0800-0000 hours Sunday to Thursday and Bank Holidays, and 0800-0200 hours on Friday and Saturday.

 

and to the following additional condition (suitably worded):

 

5.         Details of extra lighting for the passage to be agreed.

191.

Leapers Rock, Kellet Road, Over Kellet pdf icon PDF 14 KB

Change of use from garage and store to carers residential dwelling for Mr D Wilson

Minutes:

A10

09/00044/CU

Change of use from garage and store to carers residential dwelling for Mr. D. Wilson

KELLET WARD

R

 

It was proposed by Councillor Sherlock and seconded by Councillor Blamire:

 

“That the application be refused.”

 

Upon being put to the vote, 19 Members voted in favour of the proposition, with 1 abstention, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That the application be refused on the following grounds, as set out in the report:

 

1.         Contrary to Core Strategy Policy SC1 – new dwelling isolated from existing communities and the facilities they offer, difficult to access except by private motor car.

 

2.         Contrary to Lancaster District Local Plan Policy H8 – proposal would result in the creation of an additional dwelling in the countryside where it is not required to meet the needs of agriculture, forestry or other uses appropriate to the rural area.

192.

9 The Cliffs, Heysham, Morecambe pdf icon PDF 11 KB

Erection of side conservatory and second floor extension above existing kitchen and dormer to the side for Mr R Kitchen

Minutes:

A11

08/01434/FUL

Erection of side conservatory and second floor extension above existing kitchen and dormer to the side for Mr. R. Kitchen

HEYSHAM CENTRAL WARD

A

 

It was proposed by Councillor Taylor and seconded by Councillor Greenall:

 

“That the application be approved.”

 

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That the application be approved, subject to the following conditions, as set out in the report:

 

1.         Standard 3 year time limit.

2.         In accordance with the approved amended plans.

3.         Amended plans dated 17th February 2009.

4.         Materials to match the existing elevations.

It was noted that Councillor Chapman had previously declared a personal and prejudicial interest in the following item, being a director of LESS, left the room during its consideration and did not vote on the item.

 

It was noted that Councillor Heath had previously declared a personal and prejudicial interest in the following item, two LESS directors being members of the Green Group, and as Chairman of the Allotments Task Group, left the room during its consideration and did not vote on the item.

 

It was noted that Councillor Kay had previously declared a personal and prejudicial interest in the following item, two LESS directors being members of the Green Group, left the room during its consideration and did not vote on the item.

 

It was noted that Councillor Stamp had previously declared a personal and prejudicial interest in the following item, being an acquaintance of the applicant and trustees of LESS, left the room during its consideration and did not vote on the item.

 

Councillors Dennison, Brown, Day and Roe declared personal interests in the following item, being members of the Allotments Task Group.

193.

Land opposite 176 to 198 Ambleside Road, Lancaster pdf icon PDF 22 KB

Erection of 2 x 12 metre polytunnels. 2 metre high boundary fence and siting of two containers for a community allotment for Mr Simon Gershon

Minutes:

A12

09/00025/FUL

Erection of 2 x 12 metre polytunnels, 2 metre high boundary fence and siting of two containers for a community allotment for Mr. Simon Gershon

BULK WARD

A(C)

 

It was proposed by Councillor Brown and seconded by Councillor Histed:

 

“That the application be approved.”

 

Upon being put to the vote, 10 Members voted in favour of the proposition, 4 against, with 2 abstentions, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That the application be approved, subject to the following conditions, as set out in the report, with amendment to condition 2:

 

1.         Standard 3 year condition (for the polytunnels, access track and toilet).

2.         Temporary period of consent (3 years 6 months) for the two containers.

3.         Development as per approved plans.

4.         Constructional details of the access track and on-site turning circle to be agreed.

5.         Cycle and single car parking space to be agreed.

6.         Standard landscaping condition.

7.         Details of type, colour and heights of boundary fencing, pedestrian gates and vehicular gates to be agreed.

8.         No development until a Management Plan for garden and waste management is submitted and agreed.

9.         No development until details of protection measures to adjoining BHS habitats and features is submitted and agreed.

10.       As required by consultees.

 

and the following additional condition (suitably worded):

 

11.       Containers to be painted, colour to be agreed with the Local Planning Authority.

194.

Middleton Towers/ Pontins Holiday Camp, Carr Lane, Middleton pdf icon PDF 16 KB

Change of use, remedial works and extensions to farmhouse, folly and barn to create amenity services for adjacent residential development with associated external works for PRV Middleton Towers In Administration

Minutes:

A13

09/00012/CU

Change of use, remedial works and extensions to farmhouse, folly and barn to create amenity services for adjacent residential development with associated external works for PRV Middleton Towers In Administration

OVERTON WARD

A(P)(C)

 

It was proposed by Councillor Greenall and seconded by Councillor Blamire:

 

“That the application be delegated to the Head of Planning Services.”

 

Upon being put to the vote, 19 Members voted in favour of the proposition, with 1 abstention, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That the application be delegated to the Head of Planning Services (for consideration of any further consultation responses) with a recommendation that permission be granted, subject to the following conditions, as set out in the report:

 

1.         Standard three year condition.

2.         Development to be carried out in accordance with the approved plans.

3.         Details and/or samples of materials to be agreed.

4.         Landscaping to be agreed and implemented.

5.         Details of renewable energy sources for new build parts of the project to be agreed.

6.         Programme of works for the folly tower to be agreed and implemented before the farmhouse and barn are brought into use.

7.         As required by consultees (if appropriate).

 

and the following additional condition (suitably worded):

 

8.         Amended plans received 2nd March 2009.  Decision Notice to be issued only when the consultation period has expired.

195.

Pontins Holiday Camp, Carr Lane, Middleton pdf icon PDF 12 KB

Change of use, remedial works and extension to farmhouse, folly and barn to create amenity services for adjacent residential development with associated external works for PRV Middleton Towers In Administration

Minutes:

A14

09/00017/LB

Change of use, remedial works and extension to farmhouse, folly and barn to create amenity services for adjacent residential development with associated external works for PRV Middleton Towers In Administration

OVERTON WARD

A(P)(C)

 

It was proposed by Councillor Greenall and seconded by Councillor Blamire:

 

“That the application be delegated to the Head of Planning Services.”

 

Upon being put to the vote, 19 Members voted in favour of the proposition, with 1 abstention, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That the application be delegated to the Head of Planning Services (for consideration of any further consultation responses) with a recommendation that Listed Building Consent be granted, subject to the following conditions, as set out in the report:

 

1.         Standard Listed Building Consent.

2.         Development to be carried out in accordance with the approved plans.

3.         Details and/or samples of materials to be agreed.

4.         Eaves and verge details to be agreed.

5.         Details of joinery for windows and doors to be agreed.

6.         Details of mix for lime mortar to be agreed.

7.         Interior layout of barn to allow open views of part of the roof structure.

8.         Programme of works for the folly tower to be agreed and implemented before the farmhouse and barn are brought into use.

 

and the following additional condition (suitably worded):

 

9.         Amended plans received 2nd March 2009.  Decision notice to be issued only when the consultation period has expired.

196.

Former Police Station, Heysham Road, Heysham pdf icon PDF 18 KB

Erection of new building comprising of 1 retail unit and 14 apartments for Daffodil Homes Ltd

Additional documents:

Minutes:

A15

08/01433/FUL

Erection of new building comprising of 1 retail unit and 14 apartments for Daffodil Homes Ltd

HEYSHAM SOUTH WARD

A(C)

 

It was proposed by Councillor Brown and seconded by Councillor Day:

 

“That the application be approved.”

 

Upon being put to the vote, 14 Members voted in favour of the proposition, 5 against, with 1 abstention, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That the application be approved, subject to the following conditions, as set out in the report, with amendment to condition 8:

 

1.         Standard three year condition.

2.         Amended plans 18th February 2009, opening a gap between the new building and the house at 2 Knowlys Road.

3.         Development to be carried out in accordance with the approved plans.

4.         Details/samples of materials to be agreed.

5.         Construction work to take place only between 0800-1800 Mondays to Saturdays, with no work on Sundays or officially recognised public holidays.

6.         In the event of unforeseen land contamination being encountered,  appropriate measures to be taken.

7.         No development to be undertaken until the developer has entered into an agreement covering public transport improvements.

8.         Car and cycle parking to be provided and retained as such.

9.         Vehicular access to be improved in accordance with agreed details.

10.       Before any of the dwellings are occupied, a traffic regulation order must be obtained restricting parking on the section of Knowlys Road outside the site.

11.       Measures to be taken to protect trees adjoining the site.

 

and the following additional conditions (suitably worded):

 

12.       Lighting for the side passage.

197.

Cemetery Lodge, Westgate, Morecambe pdf icon PDF 11 KB

Proposed extension and alterations to existing WC to create disabled WC for  Lancaster City Council

Minutes:

A16

09/00035/DPA

Proposed extension and alterations to existing WC to create disabled WC for Lancaster City Council

TORRISHOLME WARD

A

 

It was proposed by Councillor Sherlock and seconded by Councillor Redfern:

 

“That the application be approved.”

 

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That the application be approved, subject to the following conditions, as set out in the report:

 

1.         Standard three year time limit.

2.         Development to be completed in accordance with the approved scheme.

3.         External materials to match existing.

Councillor Histed left the meeting at this point.

198.

Delegated Planning Decisions pdf icon PDF 43 KB

Minutes:

The Head of Planning Services submitted a Schedule of Planning Applications dealt with under the Scheme of Delegation of Planning Functions to Officers.

 

Resolved:

 

That the report be noted.