Agenda and minutes

Planning Regulatory Committee - Monday, 5th January 2015 10.30 a.m.

Venue: Morecambe Town Hall

Contact: Sarah Grandfield, Democratic Services: telephone (01524 582132) or email  sgrandfield@lancaster.gov.uk 

Items
No. Item

104.

Minutes

Minutes of meeting held on 8th December 2014 (previously circulated). 

Minutes:

The minutes of the previous meeting held on 8th December 2014 were signed by the Chairman as a correct record.

105.

Items of Urgent Business authorised by the Chairman

Minutes:

There were no items of urgent business.

106.

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda. 

Members are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting). 

Whilst not a legal requirement, in accordance with Council Procedure Rule 10 and in the interests of clarity and transparency, Members should declare any disclosable pecuniary interests which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B Section 2 of the Code Of Conduct, Members are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

 

Minutes:

Andrew Drummond declared an interest in items A5 14/00989/CU and A6 14/01048/LB on the agenda, the nature of which being that he knew one of the public speakers and A7 14/01136/OUT on the agenda, the nature of which being that a business partner of his wife had written in on the application. Mr Drummond declared that he would take no part in these applications.

 

APPLICATIONS SUBJECT TO PUBLIC PARTICIPATION

107.

Galgate Mill, Chapel Lane, Galgate pdf icon PDF 298 KB

Change of use, conversion and alterations of a mixed use showroom/warehouse with associated storage and office accommodation into 107 student studio apartments (use class C3) with associated communal facilities, a silk weaving museum (D1), cafe (A3), erection of a bicycle shelter and porch extension for Mr Ayub Hussain

Minutes:

A5

14/00989/CU

Galgate Mill, Chapel Lane, Galgate

Ellel Ward

R

 

Under the scheme of public participation Antony Pilling and Sheila Phillips spoke in support of the application.

 

It was proposed by Councillor Rollins and seconded by Councillor Sowden:

 

“That the application be deferred.”

 

Upon being put to the vote, 3 Members voted in favour of the proposition and 11 voted against, whereupon the Chairman declared the motion to be lost.

 

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

 

“That the application be refused.”

 

Upon being put to the vote, 9 Members voted in favour of the proposition and 5 voted against, whereupon the Chairman declared the motion to be carried.

 

Resolved:

 

That Planning Permission be refused, with an Advice Note to encourage the Applicant to enter into pre-application discussions with the Local Authority to resolve the reasons for the refusal through additional information/amended plans. The Planning Permission was refused for the following reasons:

 

1.

The proposal will result in the loss of employment land within the rural area without it being demonstrated that the ongoing employment use of the site is no longer appropriate or viable. It is also not considered that the benefits of the proposal would outweigh this loss and would therefore not lead to a sustainable form of development. As a consequence, the proposal is contrary to the aims and objectives of the National Planning Policy Framework, in particular the Core Planning Principles and Section 3, Saved policy EC16 of the Lancaster District Local Plan, Policy SC1 of the Core Strategy and Policy DM15 of the Development Management Development Plan Document.

 

2.

Insufficient information has been submitted to fully assess the impacts of the proposal on the fabric of the listed building, particularly in relation to the proposed alterations to the windows, details of the construction and internal appearance of the atrium and glazed porch extension, interventions required to provide appropriate ventilation and noise attenuation for the accommodation proposed and evidence to demonstrate the proposal is the optimum viable use for the building. In the absence of this information, the local planning authority cannot rule out potential harm to the listed building and could not exercise its duty to preserve the heritage asset. Furthermore, it is considered that from the information provided that the proposal would lead to some less than substantial harm to the building itself (internal partitions/loss of part of the external fire escape) and the setting of the listed building by virtue of the location and size of the proposal cycle storage facility and that the public benefits of the scheme would not outweigh the harm to the heritage asset when considered on balance with all the other concerns relating to the proposal. Subsequently, the proposal is considered contrary to paragraphs 128, 132 and 134 of the National Planning Policy Framework and policies DM30 and DM32 of the Development Management Development Plan Document.

 

3.

The level of parking proposed for a development of this scale and kind in a  ...  view the full minutes text for item 107.

108.

Galgate Mill, Chapel Lane, Galgate pdf icon PDF 266 KB

Listed building application for works to the Mill including replacement windows, repointing work, replacement of defective brickwork, refurbishment of guttering, installation of conservation rooflights, glazed entrance, safety door and access ramp, repairs and relocation of railings to pavement, various internal works to false ceilings, partitions, steps/staircases and flooring, partial removal of external rear fire escape and removal of external lift for Mr Ayub Hussain

Minutes:

A6

14/01048/LB

Galgate Mill, Chapel Lane, Galgate

Ellel Ward

R

 

Under the scheme of public participation Antony Pilling and Sheila Phillipps spoke in support of the application.

 

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

 

“That the application be refused.”

 

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

 

Resolved:

 

That Listed Building Consent be refused for the following reasons:

 

1.

Insufficient information has been submitted to fully assess the impacts of the proposal on the fabric of the listed building, particularly in relation to the proposed alterations to the windows, details of the construction and internal appearance of the atrium and glazed porch extension, interventions required to provide appropriate ventilation and noise attenuation for the accommodation proposed. In the absence of this information, the local planning authority cannot rule out potential harm to the listed building and could not exercise its duty to preserve the heritage asset. Subsequently, the proposal is considered contrary to paragraphs 128, 132 and 134 of the National Planning Policy Framework and policies DM30 and DM32 of the Development Management Development Plan Document.

 

The meeting adjourned at 11.55pm, recommencing at 12.05pm.

109.

Land To The East Of St Wilfrids Hall, Foundry Lane , Halton pdf icon PDF 115 KB

Outline application for the development of 4 residential detached dwellings for Ms Nicola Thornton

Additional documents:

Minutes:

A7

14/01136/OUT

Land To The East Of St Wilfrids Hall, Foundry Lane, Halton

Halton-with-Aughton Ward

A(C)

 

Under the scheme of public participation Robert Bryan spoke in opposition to the application, Stuart Booth, agent, spoke in favour and Councillor Paul Woodruff spoke as Ward Councillor.

 

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

 

“That the application be granted.”

 

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

 

Resolved:

 

That Outline Permission be granted subject to the following conditions:

 

1.

Standard outline condition with Appearance and Landscaping matters reserved

2.

The footprint, scale of development and layout are as defined in the approved plans

3.

Amended plans

4.

Unforeseen contamination

5.

Hours of construction

6.

Layout to ensure vehicle can enter and exit the site in a forward gear

7.

Off-site highway works (white lining of junction at The Gardens/Foundry Lane) to be agreed and implemented

8.

Car parking to be agreed, provided and maintained

9.

Provision of a Construction Method Statement and undertaking in accordance with agreed scheme

10.

Landscaping scheme to be agreed

11.

Additional tree planting to be agreed

12.

No trees to be cut down other than those agreed

13.

Detailed Arboricultural Method Statement to be agreed

14.

Detailed Tree Protection Plan to be agreed

15.

Development to be built on a separate system

16.

Precise details of the foul an surface water systems to be agreed

 

110.

Site For Fast Food Takeaway Unit, Caton Road, Lancaster pdf icon PDF 211 KB

Erection of a two storey restaurant with associated drive-thru, canopy, car parking and landscaping for McDonald's Restaurant Ltd

Minutes:

A8

14/00775/FUL

Site For Fast Food Takeaway Unit, Caton Road, Lancaster

Lower Lune Valley Ward

A(C)

 

Under the scheme of public participation Harminder Sidhu and Councillor Tim Hamilton-Cox spoke in objection to the application and Adam Brand, agent, spoke in support.

 

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

 

“That the application be granted.”

 

Upon being put to the vote, 10 Members voted in favour of the proposition and 4 voted against, whereupon the Chairman declared the motion to be carried.

 

Resolved:

 

That Planning Permission be granted subject to expiry of the site notice as a Departure with no further new significant objections being raised, and subject to the imposition of the conditions listed below; with the determination being delegated to the Chief Officer to enable the following s106 agreement to be drafted, signed and endorsed.

 

-       The s106 legal agreement to provide for £6,000 to aid the assessment of the audited travel plans by the County Council.

 

1.

3 year time limit

2.

Development in accordance with the approved plans

3.

Amended plans – highway works

4.

Amended plans – site plan and landscape arrangements

5.

Scheme of off-site works including cycle linkage, road width improvements, right turn lane and pedestrian island on Caton Road

6.

Off-site works to be implemented prior to occupation

7.

Travel plan to be submitted, audited and updated

8.

Car Park Management and Delivery Plan/Strategy

9.

Construction and Routing Plan

10.

Visibility Splays

11.

Gross floor areas not to be increase or parking areas reduced

12.

Redundant vehicle crossing to be reinstated at the developer’s expense

13.

Development to drained on a separated system

14.

Foul and surface water drainage details to be provided

15.

Development to be undertaken in accordance with the agreed strategy set out in the  Flood risk Assessment

16.

Development to be undertaken in accordance with the agreed Arboricultural Impact Assessment (including minor revisions)

17.

Development to be undertaken in accordance with the agreed Arboricultural Method Statement (including minor revisions)

18.

Trees to be retained other than agreed works

19.

Landscaping details to be agreed

20.

Hours of Construction

21.

Contaminated land assessment to be agreed and mitigation (if required)

22.

External material samples to be agreed

23.

Details of litter collection (including route and area covered)

 

 

 

 

 

The meeting adjourned for lunch at 1.05pm, recommencing at 1.40pm

 

 

 

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

 

 

 

With the committee’s agreement, the chairman brought forward item A10 on the agenda.

 

Councillor Tony Johnson returned to the room following the representations on item A10 14/01117/FUL and abstained from voting on this agenda item.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

111.

Middleton Clean Energy Plant, Middleton Road, Middleton pdf icon PDF 203 KB

Erection of a 47.5mw gas fired power station and associated works for Mr David Evans

Minutes:

A10

14/01117/FUL

Middleton Clean Energy Plant, Middleton Road, Middleton

Overton Ward

D

 

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

 

“That the application be deferred.”

 

Upon being put to the vote, 12 Members voted in favour of the proposition, 1 voted against and 1 abstained, whereupon the Chairman declared the motion to be carried.

 

Resolved:

 

That the application be deferred to allow outstanding matters (noise and air quality) to be resolved before the application is reported back to Planning and Highways Regulatory Committee for determination.

 

112.

Land To The Rear Of Burr Tree Cottage, Long Level, Cowan Bridge pdf icon PDF 188 KB

Erection of 18 dwellings with associated access and parking for Mr Richard Morton

Minutes:

A9

14/01052/FUL

Land To The Rear Of Burr Tree Cottage, Long Level, Cowan Bridge

Upper Lune Valley Ward

A(C)

 

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

 

“That the application be granted.”

 

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

 

Resolved:

 

That subject to the signing and completion of a legal agreement prior to the determination date (otherwise the application be refused) that Planning Permission be granted subject to the following planning obligations:

 

  • 39% affordable housing provision (4 social rented and 3 intermediate housing)
  • Management company for the open space

 

and the following conditions:

 

1.

Standard 3 year timescale

2.

Development in accordance with approved plans – list of plans

3.

Samples to be provided –

  • natural random rubble stone
  • mortar
  • render
  • natural slate
  • ridge tiles
  • natural stone window and door surrounds
  • timber window, doors and garage doors (including finishes and colours)

4.

Details to be agreed –

  • boundary treatments
  • rainwater goods
  • timber fascias (including finishes and colours)

5.

Access arrangements

6.

Visibility splays – provision and retention

7.

Off site highway works – provision of a footpath within the existing verge along the site’s frontage, new/relocated refuge island, new street lighting, new gateway treatments to the village to reduce vehicle speeds and upgrades of the kerbs at the bus stops

8.

Construction method statement

9.

Separate drainage system

10.

Development in accordance with Flood Risk Assessment including finished floor levels are set no lower than 300mm above existing ground levels within Flood Zone 2 and 150mm elsewhere and outfall rates of 4.4 l/s for 1:30 years and 5.9 l/s for 1:100 years plus critical storm

11.

Surface Water Drainage Scheme – as per the drainage plan

12.

Hours of construction (Mon to Fri 0800-1800 and Sat 0800-1400 only)

13.

Unforeseen contamination

14.

Importation of soil, material and hardcore

15.

Prevention of new contamination

16.

Bunding of tanks

17.

Landscaping scheme and maintenance, including the provision of the public open space

18.

No trees to be removed, cut down, lopped or crowned

19.

Tree protection plan

20.

External lighting

 

113.

Delegated Decisions pdf icon PDF 246 KB

Minutes:

The Chief Officer (Regeneration and Planning) submitted a schedule of planning applications dealt with under the scheme of delegated functions of officers.

 

Resolved:

 

That the report be noted.