Agenda and minutes

The Minutes of the meeting held on 20^th April 2009 were approved as a correct record and signed by the Chairman.

A site visit was held in respect of the following application:

The following Members were present at the site visit, which took place on Tuesday, 5^th May 2009:

Councillors Roger Dennison (Chairman), Eileen Blamire (Vice-Chairman),
Keith Budden, Anne Chapman, Sheila Denwood, Emily Heath and Val Histed.

Officers in Attendance:

There were no items of urgent business.

Members were advised of the following declarations of interest:

Councillor Dennison declared a personal and prejudicial interest in A17 09/00279/CCC – Various Locations along the route of the Completion of the Heysham to M6 Link Scheme, Lancaster, having appeared at a public inquiry as an objector to the proposal (Minute No. 230 refers).

Councillor Blamire declared a personal interest in A18 09/00251/DPA – 09/00251/DPA – Royal Lancaster Infirmary/Former British Waterways Site, Ashton Road, Lancaster – being a member of the Cycling Demonstration Town (CDT) Board (Minute No. 231 refers).

Councillor Chapman declared a personal and prejudicial interest in A18 09/00251/DPA – Royal Lancaster Infirmary/Former British Waterways Site, Ashton Road, Lancaster – having attended a meeting with hospital management to try to persuade them to allow the cycle route through their grounds (Minute No. 231 refers).

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.

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

APPLICATION SUBJECT TO PUBLIC PARTICIPATION

Variation of conditions 4, 5, 6 and 7 on application no 08/01219/CU relating to occupancy for Redwell Fisheries

(Under the Scheme of Public Participation, Alan Varley of Derek Hicks & Thew, Agents for the Applicant, spoke in support of the application.)

Alan Varley spoke in support of the application and advised Members that, in December 2008, Committee had approved 12 timber chalets in place of the 17 touring caravan pitches that were then on site, which the applicant welcomed, but the applicant was unhappy with the attached conditions 4, 5 and 6, which were unduly restrictive, put the business at a commercial disadvantage and had been unfairly applied.  During the consultation process, there had been no mention of restricting the use of a chalet for holiday-let purposes only or for limiting the operating period to 48 weeks annually.  The applicant would appeal against a decision to refuse the variation of conditions.  Two recent appeal decisions and a decision made by Teesdale District Council to relax conditions attached to a chalet site, would support the applicant’s position.  Committee was asked to look favourably at the application.

Members considered the application.

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

“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 reason, as set out in the report:

Allowing year round use of the accommodation would be contrary to “saved” policy TO8 of the Lancaster District Local Plan in that it would be difficult to ensure that it was used for holiday purposes only.

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

Erection of an extension for Sainsbury's Ltd

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

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

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 delegated to the Head of Planning Services with a recommendation to grant planning permission subject to the receipt of satisfactory amended proposals and subject to the following conditions, as set out in the report:

1.         Standard Full Permission.

2.         Amended Plans.

3.         Development in accordance with approved plans.

4.         Samples of materials to be agreed.

5.         Hours of construction.

6.         Noise limits at face of residential properties post implementation.

7.         Retail floor space to be limited to 4100 square metres (excluding checkouts)

8.         No more than 25% comparison goods i.e. 1050 square metres net.

9.         As may be further requested by consultees or required in connection with any revised proposals.

and subject to confirmation from the County Surveyor that there are no highway objections to the scheme, and the following additional conditions (suitably worded):

10.       Car Park Management Plan.

11.       Service Management Plan.    

Erection of a replacement egg laying unit for Mr Stephen Leigh

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

“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 condition.

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

3.         Colour of the profile cladding to be Vandyke Brown.

4.         Use of the building to be that of agriculture (including poultry).

Demolition of former Social Club and construction of 4 dwellings for Norman Jackson (Contractors) Ltd

Outline application for the erection of a detached bungalow and double garage and construction of footpath link for Mr. Lewis Bibby

It was proposed by Councillor Chapman and seconded by Councillor Heath:

“That Outline Planning Permission be approved.”

Upon being put to the vote, 13 Members voted in favour of the proposition and 4 against, with 1 abstention, whereupon the Chairman declared the proposal to be carried.

Resolved:

That Outline Planning Permission be approved, subject to the following conditions, as set out in the report:

1.         Standard three year condition.

2.         Amended plans 13^th March 2009.

3.         Outline permission – full details to be submitted.

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

5.         Contaminated land study to be provided.

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

7.         Constructional details of footpath link to be agreed.

8.         Footpath link to be completed, including removal of the section of boundary fence, before the new dwelling is made available for occupation.

9.         Street lamp alongside path to be provided.

10.       Turning space within curtilage of new dwelling to be provided.

11.       Off street parking/garaging to be provided and retained.

and subject to the following additional condition (suitably worded):

12.       Removal of permitted development rights from the dwelling.

Variation of condition numbers 2, 4, 6, 9, 11, 14 and 17 on application number 07/01793/FUL for E H Booth and Co Ltd

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

“That planning permission be granted.”

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 planning permission be granted for the variation of conditions 2, 4, 6, 9, 11, 14 and 17 (attached to planning permission 07/01793/FUL) as follows:

That in respect of conditions 2, 4, 6, 9 and 14, the wording be altered so that the phrase “no development” shall be replaced with the wording “no construction work on the approved building (with the exception of the demolition and removal of the filling station buildings, structures and related infrastructure, landscaping [including any incidental engineering operations or operational development required to facilitate it], land remediation, the construction of retaining walls and alterations to the existing town centre car park).”

That the wording of condition 11 be altered so that the phrase “no construction of the development” shall be replaced with the wording “no construction work on the approved building (with the exception of the demolition and removal of the filling station buildings, structures and related infrastructure landscaping [including any incidental engineering operations or operational development required to facilitate it], land remediation, the construction of retaining walls and alterations to the existing town centre car park).”

That the wording of condition 17 be altered so that the phrase “The development shall not” shall be replaced with the wording “no construction work on the approved building (with the exception of the demolition and removal of the filling station buildings, structures and related infrastructure, landscaping [including any incidental engineering operations or operational development required to facilitate it], land remediation, the construction of retaining walls and alterations to the existing town centre car park).”

Erection of a detached dwelling with integral garage for Ms J Deft

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

“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.         The development would have an adverse impact on neighbouring residential amenities, by virtue of overlooking, loss of privacy, outlook and its overbearing impact, contrary to policies H12, H19 and SPG12 of the LDLP and SC5 of the LDCS.

2.         The development constitutes over-development of the site and would have an adverse impact on the character form and appearance of the site itself and the surrounding locality, contrary to policies H12 and H19 of the LDLP, policies SC5 of the LDLC and PPS1 and PPS3.

3.         The design of the dwelling is out of keeping and out of context with the existing estate, contrary to policies H12 of the LDLP, policy SC5 of the LDCS and the principles of good design in PPS1 and PPS3.

Residential development comprising the conversion of Listed Buildings to provide six dwellings and the erection of 8 new dwellings for H₂O Urban LLP and British Waterways

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

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

Upon being put to the vote, 15 Members voted in favour of the proposition, with 3 abstentions, whereupon the Chairman declared the proposal to be carried.

Resolved:

That the application be delegated to the Head of Planning Services to approve, subject to an agreement under Section 106 of the Town and Country Planning Act 1990 covering public transport improvements, including accessibility to and from the city and enhanced bus station improvements, and subject to confirmation from the Bat Group that mitigation measures are acceptable and from the County Surveyor that highway proposals are satisfactory, and subject  conditions as follows, as set out in the report:

1.         Standard Time Limit (3 years).

2.         Amended plans condition.

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

4.         The application relates to the conversion of the listed buildings only.  No demolition, other than that specified by the approved plans, shall be carried out without prior approval.

5.         Samples of all external materials to be used, including stone, render, slate and timber cladding, to be submitted and agreed by the Local Planning Authority.

6.         Details of stonework coursing, pointing, heads, sills, jambs, quoins, copings and external walling to be agreed by the Local Planning Authority.

7.         Details of the roofing, including roof ridge, verges, eaves, rainwater goods, rooflights, solar panels to be agreed.

8.         Details of windows, doors, timber cladding, balconies and balustrades, external reveals and finishes to be agreed.

9.         Details of all boundary treatments, fencing and gates to be agreed.

10.       Details of external bin store and cycle storage.

11.       Standard landscaping condition.

12.       Development to be implemented in accordance with the submitted Arboriculture Method Statement and Tree Protection Plan.

13.       No development to be carried out on site including site clearance, until all trees have been protected with appropriate barrier fencing.

14.       Biodiversity Conservation report and Bat Mitigation Plan to be implemented in full.

15.       Detail method statement for protection of the BHS during construction.

16.       No site clearance until a habitat/creation and enhancement management plan has been agreed.

17.       The site to be drained on a separate system.

18.       Development to be carried out in accordance with the Drawing number ELL/H20/079/015 Rev A regarding extent of proposed impermeable surfaces.

19.       Standard hours of construction condition (Monday to Saturday).

20.       Standard Contaminated Land Condition.

21.       Standard Condition for the importation of soil, materials and hardcore.

22.       Standard Condition for the prevention of new contamination (contaminated land)

23.       Survey to identify the presence of asbestos (contaminated land).

24.       All highway improvements to the access and access road to be implemented in full prior to the first occupation.

25.       Precise constructional details of  ...  view the full minutes text for item 225.

Conservation Area Consent for demolition of various buildings for H₂O Urban LLP and British Waterways

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

“That Conservation Area Consent be approved.”

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

Resolved:

That Conservation Area Consent be approved, subject to the following conditions, as set out in the report:

1.         Standard 3 year time limit condition.

2.         The stone forming part of the Building J, as identified in the Heritage Statement, to be removed, stored, protected and preserved to be used in the construction of the external refuse enclosure permitted under planning application 09/00123/FUL.

and subject to the following additional condition (suitably worded):

3.         A contract for the implementation of replacement scheme to be signed before works commence.

Listed Building Consent for the conversion of the Old Blacksmiths Shop to 4 no dwellings for H₂O Urban LLP and British Waterways

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

“That Listed Building Consent be approved.”

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

Resolved:

That Listed Building Consent be approved. subject to the following conditions, as set out in the report:

1.         Standard Listed Building Consent.

2.         Amended plans condition.

3.         Development to accord with approved plans.

4.         All internal and external materials, treatments and finishes to be agreed.

5.         Schedule of details and finishes, including windows, doors, heads, sills, jambs, rainwater goods, eaves, verge, rooflights and metal railings to be agreed.

6.         Garden boundary details to be agreed.

7.         Precise material schedule for external refuse stores and bicycle storage areas to be agreed.

8.         Samples of stonework and lime mortar pointing to be agreed.

and subject to the following additional condition (suitably worded):

9.         A contract for the implementation of replacement scheme to be signed before works commence.

Listed Building Consent for the conversion of the Packet Boat House to 2 no dwellings for H₂O Urban LLP and British Waterways

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

“That Listed Building Consent be approved.”

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

Resolved:

That Listed Building Consent be approved, subject to the following conditions, as set out in the report:

1.         Standard Listed Building Consent.

2.         Amended plans condition.

3.         Development to accord with approved plans.

4.         All internal and external materials, treatments and finishes to be agreed.

5.         Schedule of details and finishes, including glazing, balustrading, handrails, windows, doors, heads, rainwater goods, eaves, verge and balcony floor surfacing to be agreed.

6.         Specification details for any re-pointing to be carried out, including a sample.

and subject to the following additional condition (suitably worded):

7.         A contract for the implementation of replacement scheme to be signed before works commence.

Listed Building Consent for alterations to Basin Bridge for H₂O Urban LLP and British Waterways

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

“That Listed Building Consent be approved.”

Upon being put to the vote, 16 Members voted in favour of the proposition, with 2 abstentions, whereupon the Chairman declared the proposal to be carried.

Resolved:

That Listed Building Consent be approved, subject to the following conditions, as set out in the report:

1.         Standard Listed Building Consent.

2.         Amended Plan Condition.

3.         Development to accord with approved plans.

4.         Details of road surfacings and markings on the bridge to be agreed.

5.         Precise details of the bollards and lighting to be agreed.

and subject to the following additional condition (suitably worded):

6.         A contract for the implementation of replacement scheme to be signed before works commence.

Application which involves County Matters and falls to be determined by the County Council and proposals for development by the County Council.

It was noted that Councillor Dennison had previously declared a personal and prejudicial interest in A17, having appeared at a public inquiry as an objector to the proposal, vacated the Chair and the room during consideration thereof and did not vote on the item.

The Vice-Chairman, Councillor Blamire, took the Chair.

Works on additional parcels of land to facilitate the development of the completion of Heysham M6 link scheme approved under planning permissions 01/05/1584 and 01/08/0821 and the development of a new farm access track at Beaumont Gate Farm for Lancashire County Council

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

“That no objections be raised to the proposal.”

Upon being put to the vote, 12 Members voted in favour of the proposition, 2 against, with 3 abstentions, whereupon the Chairman declared the proposal to be carried.

Resolved:

That no objections be raised to the proposal, subject to the satisfactory resolution of the following matters, as set out in the report:

1.         The exclusion of the ball-stop fencing to the Morecambe Road frontage of Lancaster and Morecambe College.

2.         Details to be agreed of how the land at 179 Torrisholme Road would be restored following the removal of its outbuildings.

3.         The use of native species for the new hedgerows, with planting and maintenance programme to be agreed prior to works commencing.

4.         The submission of an Arboriculture Implications Assessment shall be submitted in writing, detailing existing trees within a detailed Tree Survey (TS), Tree Constraints Plan (TCP), Tree Protection Plan (TPP) and detailed Arboriculture Method Statement (AMS( in compliance with the recommendations, set out in BS 5837 (2005) Trees in relation to construction, and the proposals to mitigate the loss of any trees shall be made within a detailed Landscape Scheme, including species, quantity, location, size at planting, protection and maintenance regime for the initial 10-year period post planting.  These are to allow a full assessment to be made.

Councillor Dennison returned to the room and resumed the Chair.

Application for development by a District Council.

Councillor Chapman left the meeting at this point.

It was noted that Councillor Blamire had previously declared a personal interest in A18, being a member of the Cycling Demonstration Town (CDT) Board, stayed in the room during consideration of the application, but did not vote on the item.

It was noted that Councillor Chapman had previously declared a personal and prejudicial interest in A18, having attended a meeting with hospital management to try to persuade them to allow the cycle route through their grounds and had left the meeting prior to its consideration.

Construction of a cycle route between Aldcliffe Road and Ashton Road, through Lancaster Infirmary for Lancaster City Council

It was proposed by Councillor Brown 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 Full Permission.

2.         Development in accord with approved plans.

3.         Details of CCTV and lighting to be agreed in consultation with the Police Crime Prevention Officer.

4.         Details of security fencing and gates to be agreed.

5.         Detailed tree protection plan to be agreed.

6.         Detailed landscaping scheme to be agreed.

7.         Detailed scheme for works to retained trees to be agreed in consultation with the Police Crime Prevention Officer.

8.         Details of the surfacing work to switch bridge and access ramps to be agreed.

9.         Royal Lancaster Infirmary direction sign at Aldcliffe Road to be part of cycle direction sign only and a further sign to the effect of Private Road – No Public Access for Vehicles to be provided.

Advice Notes:

1)         Hours of opening should be looked at with a view to linking these to the shift patterns of RLI.

2)         The trail period should be a minimum of one year to be fully informative.

3)         Applicants should investigate any possible link into Ripley School Grounds.

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.

A comfort break was taken at 12.27 p.m.

The meeting was reconvened at 12.35 p.m.

Councillor Brown left the meeting at this point.

Report of Head of Planning Services and Powerpoint Presentation

Members were advised that the report of the Strategic Housing Land Availability Assessment (SHLAA) had been received from external consultants, Atkins Limited, in association with Lambert Smith Hampton.  Accompanying plans of the Outcome of the Site Assessment had been prepared and published on the City Council’s website, in the same format as the Preliminary Publication of Site Suggestions of November 2008.  The SHLAA would inform, as an evidence base document, both the preparation of future Development Plan Documents and the management of a five-year supply of housing land through the release of land for development via the granting of planning consent.

The policy context for the SHLAA was given, and it was reported that the SHLAA had been undertaken in accordance with the Strategic Housing Land Availability Assessment Practice Guidance.  Under the planning system introduced by the Planning and Compulsory Purchase Act 2004, Local Plans were replaced by Local Development Frameworks.  The Lancaster Core Strategy, which set out the Council’s spatial vision for the District and explained locations for new homes and jobs over the period to 2021, had been formally adopted in 2008 and the City Council was the first local authority to have a Core Strategy adopted.  The Land Allocations Document, which updated the Local Plan, could now be progressed.

Planning Policy Statement 3 ‘Housing’ (PPS3), produced in November 2006, required the Council to set out policies and strategies for delivering the Government’s housing objectives through its Local Development Documents (LDDs) to enable the continuous delivery of housing for at least 15 years.  PPS3 placed an emphasis on delivery of housing sites within the timeframe envisaged, which had to meet the criteria of being available, suitable and achievable.  PPS3 required local authorities to prepare a SHLAA in order to ensure that sufficient housing sites were delivered and that a continuous supply of land was maintained, and the SHLAA provided a key part of the evidence base to support LDDs.

It was reported that the SHLAA process was based on 7 stages.  At the start of the Assessment, the Council had advertised the undertaking of the SHLAA through various media with a call for sites.  Consultation had been undertaken with various statutory consultees, and responses had been taken into account when assessing the sites.  The Assessment would be regularly monitored as part of the Annual Monitoring Report exercise to support the updating of the housing trajectory and the five year supply of specific deliverable sites. 

Members were advised that the Regional Spatial Strategy (RSS) for the North West (RSS13), adopted in September 2008, required that the Lancaster District provided what equated to 400 dwellings per annum of which at least 70% should be on Brownfield sites.  The RSS advised that, for the purpose of producing Local Development Framework Documents that accorded with the guidance in PPS3, a 15-year housing land supply must be planned for, and following adoption of the relevant DPD, local planning authorities should assume that the RSS average annual net dwelling requirement  ...  view the full minutes text for item 233.