Agenda and minutes

The Minutes of the meeting held on 24^th August 2009 were signed by the Chairman as a correct record.

There were no items of urgent business.

Members were advised of the following declarations of interest:

Councillor Bryning declared a personal and prejudicial interest in A16 09/00688/CU – 9C Castle Hill, Lancaster and A17 09/00689/LB – 9C Castle Hill, Lancaster - being acquainted with the applicant.

Councillor Denwood declared a personal and prejudicial interest in A16 09/00688/CU – 9C Castle Hill, Lancaster and A17 09/00689/LB – 9C Castle Hill, Lancaster - being acquainted with the applicant.

Councillor Greenall declared a personal and prejudicial interest in A14 09/00776/FUL – Land at Mossgate Park, Mossgate Park, Heysham – being a director of Heysham Mossgate Board.

Councillor Johnson declared a personal interest in A7 09/00803/RCN – Oxford Court, Lancaster Road, Carnforth – being a member of Carnforth Town Council and a personal and prejudicial interest in A20 09/00768/FUL – being acquainted with the applicant.

Councillor Kay declared a personal and prejudicial interest in A18 09/00681/RCN –Bowerham Tennis Club, Barton Road, Lancaster – being a committee member of Bowerham Tennis Club.

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 to be dealt with by the District Council without formal consultation with the County Council.

APPLICATIONS SUBJECT TO PUBLIC PARTICIPATION

Change of use from Business (Class B1) to Medical Centre for patients with drug dependency problems, including needle exchange (Class D1) for Mr P Mason

(Under the Scheme of Public Participation, Alan Beattie, Mike Dennison, Richard Steele, Elizabeth Steele and
Councillor Evelyn Archer, Ward Councillor, spoke in opposition to the application. 

Jerry Sutton of DISC, the applicant, spoke in support.)

Alan Beattie addressed the Committee in objection to the application, and advised Members that he had lived in the Poulton Ward for over 20 years and was Honorary Secretary of Poulton Residents’ Association, who had asked him to speak at Committee on their behalf.  He asked Committee to turn down the application for several reasons, namely that it did not accord with policy objectives for Morecambe and would stigmatize the gateway to Morecambe, giving the perception of a rough and second-class place.  It would not encourage new investment or add to the environmental improvements that had taken place in Poulton.  The proposal contradicted Royal Town Planning Institute guidelines on effective community involvement and delivery through the business community.  The medical centre would be parachuted into the area by agencies from afar.  Residents had no perception of who ‘Developing Initiatives Supporting Communities’ (DISC) was, nor its predecessor ‘Lancashire Care Foundation Trust’.  During the regeneration of Poulton, local people had been encouraged to take part in decision-making and this proposal made a mockery of community involvement.

Mike Dennison spoke in objection to the application and informed Members that he was Licensee of the York Hotel, which was situated 100 yards away from the former Conservative Club.  He reported that, for the last 3 years, he had turned around a failing business with a drug dependent clientele, so that there was now a zero tolerance policy to drugs.  If patients from York Bridge Surgery came into the hotel, they were troublesome and argumentative, and this would not be tolerated.  He advised Members that he had started a petition and gathered over 100 signatures from residents on the Lancaster Road side of the area, adjacent to where he lived.  Parents had expressed concerns regarding the type of people their children would come into contact with should the proposal go ahead.  The nearby school crossing was used by at least 3 primary schools, Poulton-le-Sands, Morecambe Bay and Lancaster Road.  The off-licence situated across the road was not ideally situated and patients of the medical centre could use this and sell other things as well. The residents from the Lancaster Road side of York Bridge had said ‘no’ resoundingly to the proposal.

Richard Steele addressed the Committee in objection to the application, and advised Members that people would not choose to live close to such a facility.  He informed Committee that he would not have bought his house had he realised that such a proposal would be made.  It had been said that drug users would not congregate, but who would police the situation?  Morecambe had been  ...  view the full minutes text for item 76.

It was noted that Councillor Bryning had previously declared a personal and prejudicial interest in A16 and A17, being acquainted with the applicant, left the room during its consideration and did not vote on the item.

It was noted that Councillor Denwood had previously declared a personal and prejudicial interest in A16 and A17, being acquainted with the applicant, left the room during its consideration and did not vote on the item.

Change of use of lower ground floor from office to residential one bedroomed flat (Class C3) for Mrs Lynda Burke

(Under the Scheme of Public Participation, Councillor Jon Barry addressed the Committee as Ward Councillor on Applications A16 and A17.)

Councillor Jon Barry spoke as Ward Councillor, and advised Members that he was requesting that a site visit take place.  He informed Committee that the two principal reasons for the officer recommendation for refusal were the lack of natural daylight and poor outlook.  He had visited the property and felt that this was a subjective view and that Members should visit the property in order to reach a decision.  The property was much better than others in town and ticked boxes in terms of location and suitability for single, professional people.  He had been advised that there had been no rain penetration to the property or dampness or other health associated problems over the past 10 years.

Members considered the application.

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

“That the application be deferred to enable a site visit to take place.”

Upon being put to the vote, 15 Members voted in favour of the proposition and 1 against, with 1 abstention, whereupon the Chairman declared the proposal to be carried.

Resolved:

That the application be deferred to enable a site visit to take place.

Change of use of lower ground floor from office to residential one bedroomed flat (Class C3) for Mrs Lynda Burke

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

“That the application be deferred to enable a site visit to take place.”

Upon being put to the vote, 15 Members voted in favour of the proposition and 1 against, with 1 abstention, whereupon the Chairman declared the proposal to be carried.

Resolved:

That the application be deferred to enable a site visit to take place.

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

Change of use of existing 19 bedrooms and common room to form six self-contained sheltered flats and a new level entrance for Ms Maureen MacKay

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

“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.         Materials used in construction of porch to match the existing building.

4.         Accommodation to be occupied by people over 55 only.

5.         Reserved car parking spaces to be marked out.

6.         Secure cycle parking to be provided.

7.         Building work to take place only between 0800 to 1800 hours Monday to Friday, 0800 to 1400 hours on Saturday and no work on Sundays or officially recognised public holidays.

It was noted that Councillor Johnson had previously declared a personal interest in the following item, being a member of Carnforth Town Council.

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

“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:

1.         Contrary to saved policy H19 of Lancaster District Local Plan – inadequate car parking to meet the needs of accommodation intended for general occupation.

Advice Note

The applicant is advised to explore other possibilities involving car-free or car management (car club) schemes which may realistically address the car parking problems.

Removal of condition no. 3 on approved application 03/01547/CU relating to use as holiday accommodation or as a second home only for Pringle Homes

Members considered the application.

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

“That the application be approved.”

Upon being put to the vote, 6 Members voted in favour of the proposition and 12 against, with 1 abstention, whereupon the Chairman declared the proposal to be lost.

It was then proposed by Councillor Blamire and seconded by Councillor Dennison:

“That the application be refused.”

Upon being put to the vote, 11 Members voted in favour of the proposition and 6 against, with 2 abstentions, whereupon the Chairman declared the proposal to be carried.

Resolved:

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

1.         The site is in a relatively isolated rural location within the Arnside/Silverdale Area of Outstanding Natural Beauty and the use of the properties for year round occupation would be contrary to Policy SC3 of the adopted Core Strategy which seeks to provide housing in villages to meet local needs.

2.         No contribution has been offered by the developers towards meeting the affordable housing needs of the District.

and the following additional reason (suitably worded):

3.         Precedent for loss of other holiday units.

Variation of conditions 4, 5, and 7 on application no 08/01219/CU relating to occupancy for Mr K Hall

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

“That the application be refused.”

Upon being put to the vote, 17 Members voted in favour of the proposition, with 2 abstentions, 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:

1.         The development was approved because of the benefits it would offer the tourism related economy of the area.  Allowing year round use of the chalet 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.  The site is in the countryside where dwellings for permanent occupation would not be appropriate – would conflict with the principles set out in central government advice as set out in PPS7 and policy SC3 of the Core Strategy.

The meeting was adjourned at 1.05 p.m. for lunch.

The meeting reconvened at 1.35 p.m.

Councillors Dennison, Marsland and Day declared personal interests in the following item at this point, being Morecambe Town Councillors.

Renewal of Phase 2 element of application 05/00928/OUT for Outline application for mixed use development including residential, hotel and leisure with associated parking and servicing for WM Morrison Supermarkets PLC

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

“That outline planning permission be approved.”

Upon being put to the vote, 13 Members voted in favour of the proposition, 3 against, with 2 abstentions, 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, and amendment of conditions 3, 7 and 36:

1.         Outline permission – all reserved matters required except access.

2.         Masterplan drawings are illustrative only.

3.         At least 10% on site renewable energy – details required.

4.         Affordable housing scheme to be agreed in accordance with the Council’s adopted policy at the time of the Reserved Matters application.

5.         Provision of an area of public open space – details required.

6.         Public art/realm – details required.

7.         Require applicant to remove Polo Tower in accordance with a timetable of works to be agreed.

8.         Temporary hoardings to Marine Road West – details required.

9.         Landscaping scheme – details required.

10.       Retention of all existing trees/hedges unless otherwise agreed in the detailed landscape scheme.

11.       Tree protection scheme – details required.

12.       Boundary treatments – details required.

13.       Adoptable highway details required.

14.       Construction of a new access – details required including its precise location.

15.       On-site footpath/cycle links to Cedar Street, Grove Street, Highfield Crescent and Phase 1 to be agreed.

16.       Off-site works to facilitate pedestrian/cycle linkages.

17.       Travel plan – details required.

18.       Car parking – details required.

19.       Cycle parking – details required.

20.       Site management arrangements for construction period (including security fencing).

21.       Construction hours 0800 to 1800 Monday to Saturday only.

22.       Wheel cleaning facilities (temporary during construction) – details required.

23.       Noise assessment and control.

24.       Construction noise – pile driving.

25.       Scheme for dust control.

26.       Standard land contamination condition.

27.       Contaminated land – importation of soil and materials.

28.       Contaminated land – prevention of new contamination.

29.       Bunding of tanks.

30.       Scheme for odour control – cooking and food.

31.       Ventilation details.

32.       Separate drainage system.

33.       Use of SUDS.

34.       Provision of interceptor – car parks.

35.       Refuse storage – details required.

36.       At least Level 3 of Code for Sustainable Homes.

37.       Bat survey to be undertaken prior to any works on site commencing, and the mitigation measures to be agreed with the Local Planning Authority and implemented.

and the following additional condition (suitably worded):

38.       Scheme for play area(s) and outdoor sports space/area.

The Head of Planning Services left the meeting at this point.

Variation of condition number 24 on 08/01129/FUL to extend opening hours from 08:30 to 22:00 daily to 06:00 to 23:00 daily for Gala Lancaster

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

“That planning permission be granted to amend Condition 24 attached to Planning Permission 08/01129/FUL.”

Upon being put to the vote, 14 Members voted in favour of the proposition and 2 against, with 2 abstentions, whereupon the Chairman declared the proposal to be carried.

Resolved:

That planning permission be granted to amend Condition 24 attached to Planning Permission 08/01129/FUL to state the following:

24.       No operations or activities shall occur within the ground and first floor retail space outside of the hours of 0600 and 2300 without the prior approval of the Local Planning Authority.

            Reason:  In the interests of residential amenity.

Erection of agricultural livestock building for Mr Alan Bargh

It was proposed by Councillor Blamire 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 3 year time limit.

2.         Development in accordance with the approved plans.

3.         Development in accordance with the standard amended application condition.

4.         Further details of the landscaping scheme to be submitted and approved.

5.         Unforeseen land contamination condition.

WITHDRAWN

Councillor Heath left the meeting at this point.

It was noted that Councillor Greenall had previously declared a personal and prejudicial interest in the following item, being a director of Heysham Mossgate Board and left the meeting at this point.

Relocation of two bowling greens with associated landscaping for Rushcliffe (Heysham) Ltd

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

“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 planning permission timescale.

2.         Development to accord with plans.

3.         Constructed in accordance with Sport England’s technical design guidance note “Natural Tuft for Sport”.

4.         Management and maintenance arrangements – details to be agreed.

5.         Submission of surfacing materials (paths).

6.         Submission of Details – Boundary Treatment.

7.         Implementation of Approved Landscaping Scheme.

8.         Hours of construction – 0800 to 1800 Monday to Friday and 0800 to 1400 Saturday.

9.         Disabled access arrangements – details to be agreed.

10.       Footpath access from Middleton Way (available prior to the bowling greens coming into use and available continuously thereafter) – details to be agreed.

11.       Existing bowling greens to remain in situ and available for use until the new facilities have been completed and come into use.

Removal of condition no. 4 on application number 09/00247/FUL requiring front elevation to be faced in local stone for Mr Paul Jackson

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

“That the request to remove condition 4 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 request to remove condition 4 on application number 09/00247/FUL be approved, subject to the following condition, as set out in the report:

1.         Unconditional approval – subject to all conditions imposed on the original permission.

Councillor Robinson left the meeting at this point.

It was noted that Councillor Kay had previously declared a personal and prejudicial interest in the following item, being a committee member of Bowerham Tennis Club, left the room during its consideration and did not vote on the item.

Removal of condition 4 on application 08/01007/FUL relating to screen fencing for Bowerham LTC

Members were advised that the officer recommendation contained in the report had been changed following comments received from Environmental Health and at Planning Briefing.

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

“That removal of condition 4 on application 08/01007/FUL relating to screen fencing be approved.”

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

Resolved:

That removal of condition 4 on application 08/01007/FUL relating to screen fencing be approved.

Councillor Histed left the meeting at this point.

Change of use from A1 (retail) to A2 (financial and professional services) for Instant Cash Loans Ltd

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

“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 time limit.

2.         Use as approved plans.

3.         Use by limited selling to that applied for i.e. a ‘Money Shop’ at all times.

4.         Maintenance of a shop type display window.

It was noted that Councillor Johnson had previously declared a personal and prejudicial interest in the following item, being acquainted with the applicant, left the room during its consideration and did not vote on the item.

Demolition of existing dwelling and erection of new dwelling with integral garage and the change of use of part of field to domestic curtilage for Mr M Woodhouse

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

“That the application be approved.”

Upon being put to the vote, 12 Members voted in favour of the proposition, 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:

1.         Standard Time Limit.

2.         Amended Plan Condition (awaiting).

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

4.         A sample panel of all external materials and finishes to be submitted and agreed in writing.

5.         Details of the windows, doors, garage doors, canopies, solar panels, photovoltaic cells to be submitted and agreed.

6.         Details of the ridge, verge eaves, rain water goods and chimneybreasts to be submitted and agreed.

7.         Precise details of the swimming pond to be submitted and agreed.

8.         Landscaping details to be agreed, including new screen planting, surfacing, boundary walls and hedges.

9.         Development to be carried out in accordance with the Arboricultural Implications Assessment and Method Statement.

10.       Protective barrier fencing to be erected and agreed with the Local Planning Authority prior to any site works.

11.       Retention of the hedgerow to the northern boundary.

12.       Parking provision to be provided in full prior to occupation.

13.       Standard garage use restriction – not to be used for other domestic, trade or business purposes.

14.       Use as a single dwellinghouse.

15.       Construction hours condition (Monday to Friday 0800 to 1800, Saturday 0800 to 1400 and no works on Sundays and Bank Holidays).

16.       The site shall be drained on a separate drainage system.

17.       Unexpected land contamination condition.

and the following additional conditions (suitably worded):

18.       Replacement tree planting condition (3:1 ratio).

19.       At least 10% of energy generation to be generated using on-site renewables.

20.       At least Code Level 3 for Sustainable Homes.

Application for development by a District Council

Erection of a single storey extension to side and rear for Mr Stephen Hall

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

“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 Time Limit.

2.         Amended plans (25^th August 2009).

3.         Materials to match existing.

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.