Agenda and minutes

Minutes of meeting held on 6th February, 2017 (previously circulated).

The minutes of the meeting held on the 6^th February 2017 were signed by the Chairman as a correct record.

There were no items of urgent business.

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 9 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. 

Councillor Margaret Pattison declared an interest in item A6 16/01572/OUT Land Adjacent to Church Bank and Greenways, Over Kellet, Lancashire. Councillor Pattison stated that she had attended a Parish Council meeting regarding this item however confirmed that she would make a fresh view of the application upon consideration.

APPLICATIONS SUBJECT TO PUBLIC PARTICIPATION

A site visit was held in respect of this item on 5^th December 2016 minute 97 (2016/2017) refers.

Under the scheme of public participation; Philip Shepherd, Steven Richmond, Ken Bond, Christopher Smith, Jim Grisenthwaite, Stuart Langhorn, John Ellwood, Pat Wooff and Roderick Swindell all spoke against the application. Graham Salisbury agent for the application spoke in support, and Councillor John Reynolds spoke finally as Ward Councillor against the application. 

It was proposed by Councillor Peter Yates:

“That the application be refused.”

(The proposal was contrary to the case officer’s recommendation that the application be approved).

There being no seconder, the proposition fell.

It was then proposed by Councillor Andrew Kay and seconded by Councillor Helen Helme:

“That the application be approved.”

Upon being put to the vote, 9 Members voted in favour of the proposition, with 1 against and 5 abstentions, whereupon the Chairman declared the proposal to be carried.

Resolved:

That, Outline Planning Permission be granted subject to the following obligations and conditions listed below: 

·         30% Affordable Housing

·         Education contribution (£121, 821.54 – to be reassessed at reserved matters stage).

·         Off-site POS contribution (£244,426 – to be reassessed at reserved matters stage).

·         Provision of amenity space on site (area to be calculated at reserved matters stage) with children’s play facilities and young person’s provision (if necessary at the reserved matters stage as threshold is 150 dwellings)

·         Travel Plan contribution

·         Contribution towards review, investigation and improvements to PROW (similar to marina application 13/00211/OUT)

·         Maintenance and management of all open space, landscaping areas (hard and soft including boundaries), un-adopted roads and pedestrian links and SuDS.

Conditions:

1.    Standard Time Limit (approval of reserved matters);

2.    Approved Plans (location plan and access drawings);

3.    Site plan indicative only;

Pre-commencement:

4.    No development to commence until the A601(M) has its Special Status has been revoked and necessary associated works implemented;

5.    Full access details to be submitted and approved and provided before commencement of the development (with some phasing to allow works to the proposed emergency access points where necessary);

6.    Full details of the emergency access points to Carnforth Brow and Whernside Grove including details of the measures to prohibit vehicular access and ongoing management/maintenance to be agreed and implemented before occupation and thereafter;

7.    Full details of the pedestrian/cycle connections Whernside Grove, Carnforth Brow and the canal towpaths to be agreed and implemented before occupation;

8.    Traffic and Construction Management Phasing Plan to be provided and implemented;

9.    Surface water drainage scheme to be agreed and implemented;

10.  Foul drainage scheme to be agreed and implemented;

11.  Contaminated Land (Site Investigation);

12.  Assessment of noise impacts and mitigation to be submitted and agreed and mitigation implemented before occupation;

Pre-construction of dwellings:

13.  Details of on-site POS and equipped play provision;

14.  Details  ...  view the full minutes text for item 140.

The meeting adjourned at 12:07pm and reconvened at 12:15pm.

Councillor Margaret Pattison had declared a non-prejudicial interest in the following item.

A site visit was held in respect of this item on 30^th January 2017 minute 126 (2016/2017) refers.

Under the scheme of public participation; Graham Agnew, Martin May, Christopher Pogson, David Whiteley and Nick Ward spoke against the application. Julian Handy agent for the application spoke in support.

It was proposed by Councillor Helen Helme and seconded by Councillor Stuart Bateson:

“That the application be approved.”

Upon being put to the vote, 9 Members voted in favour of the proposition and 6 abstained, whereupon the Chairman declared the proposal to be carried.

Resolved:

The meeting adjourned at 13:00pm and reconvened at 13:30pm.

Under the scheme of public participation; Paul Lewis, Paul Pavli, Joanne Stott and Linda Grieve spoke against the application. Warren Cadman spoke in support as the applicant’s representative.

It was proposed by Councillor Dave Brookes and seconded by Councillor Andrew Kay:

“That the application be refused.”

(The proposal was contrary to the case officer’s recommendation that the application be approved).

Upon being put to the vote, 4 Members voted in favour of the proposition, with 10 against and 1 abstention, whereupon the Chairman declared the proposal to be lost.

It was then proposed by Councillor Margaret Pattison and seconded by Councillor Sheila Denwood:

“That the application be approved.”

Upon being put to the vote, 10 Members voted in favour of the proposition, with 4 against and 1 abstention, whereupon the Chairman declared the proposal to be carried.

Resolved:

Under the scheme of public participation, Sydney Wainwright and Judy Hamer spoke against the application. 

It was proposed by Councillor Sylvia Rogerson and seconded by Councillor Peter Yates:

“That the application be refused.”

(The proposal was contrary to the case officer’s recommendation that the application be approved).

Upon being put to the vote, 6 Members voted in favour of the proposition with 9 against, whereupon the Chairman declared the proposal to be lost.

It was then proposed by Councillor Dave Brookes and seconded by Councillor Andrew Kay:

“That the application be approved.”

Upon being put to the vote, 9 Members voted in favour of the proposition with 6 against, whereupon the Chairman declared the proposal to be carried.

Resolved:

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

Councillor Claire Cozler left the meeting at this point and returned during the officer presentation of the following item.

It was proposed by Councillor Helen Helme and seconded by Councillor Margaret Pattison:

“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 subject to the outcome of the current consultation period, that Planning Permission be granted (but delegated back to the Chief Officer to allow for the consultation period to expire) subject to the following obligations (to be secured by a legal agreement):

·         12 affordable dwellings

·         Education contribution (£60,727)

·         Off-site POS towards outdoor sports facilities (£41,466)

·         Maintenance and management of all open space, landscaping areas (hard and soft/boundaries) and SuDS

and the conditions listed below plus any relevant ones required from the ongoing consultation:

1. Standard Time Limit.

2. Approved Plans List (TBC).

Pre-commencement

3. Site Investigation (contamination).

4. Drainage scheme to be agreed (TBC) and implemented in full before occupation.

5. FFL for units and finished ground levels of roads, gardens and landscape areas.

6. Scheme for mitigation as set out in the HRA.

Pre-construction of dwellings

7. Landscaping scheme including details of open space and external hard surfacing (having regard to recommendations of submitted ecological appraisal).

8. Samples of external facing materials (including stonework), window and door details (including recess), roofing details (eaves/verge and ridge including rain water goods).

9. Boundary details to be provided (unless submitted with amended plans – TBC) and boundary treatment to be provided before occupation and retained at all times.

Pre-occupation

10. Importation of materials (contaminated land condition).

11. Maintenance and management of surface water drainage scheme.

12. Car parking to be provided and made available for the parking of cars before occupation of each dwelling.

Control conditions

13. Foul and surface water to be on separate systems.

14. Development to be carried out in accordance with FRA.

15. Tree Protection.

16. Restriction of timing of hedgerow removal/alterations/works to avoid bird breeding season.

17. Removal of PD rights (precise classes TBC subject to drainage proposals and amendments TBC).

18. Protection of visibility splays (TBC).

19. Off-site highway works to be provided in full (as shown on approved plans) before first occupation unless otherwise agreed in writing with the LPA.

Councillor Andrew Kay left the meeting at this point. Councillor Kay was not present for the following item and returned during the officer presentation of item A9.

With the Committee’s agreement the Chairman decided to bring forward agenda item A16.

It was proposed by Councillor Helen Helme and seconded by Councillor Malcolm Thomas:

“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 Planning Permission be granted subject to the following conditions:

1. Approved Plans list.

2. Details of garage doors.

3. Parking areas to be provide and maintained.

4. Root protection measures set out in the detailed Arboriculture Assessment to be retained during the construction period.

5. No tree/hedges to be felled other than those agreed.

6. Landscaping/planting scheme.

7. The hedgerow boundary to Borwick Avenue shall be retained at its current height of 2.0m unless otherwise agreed.

8. Details of external materials of double garage to plots 2 and 3.

9. Details/samples of all external materials to dwellings.

10. Details of all boundaries including internal plot boundaries.

11. Details of construction and finish to windows and doors.

12. Details of rainwater goods, eaves and fascia.

13. The use of the garages shall be ancillary to the dwellings only.

14. Obscure glazing to be provided and maintained to all first floor gable windows.

15. GDO tolerance removed window and door openings.

16. GDO tolerances removed extension.

17. Hours of construction.

18. Unforeseen contamination.

It was proposed by Councillor Helen Helme and seconded by Councillor Andrew Kay:

“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 Planning Permission be granted subject to no concerns being raised by Environmental Health and the following conditions:

1. Development to accord with approved plans.

2. Construction method statement.

3. Scheme for the construction of the access points.

4. Implementation of the Arboricultural Implications Assessment detailed within the Arboriculture Appraisal dated, 24.10.14.

5. Implementation of planting proposals and submission of maintenance regime and a commitment to replace any trees/plants that fail to establish during this 10 year period post planting.

6. Ecological mitigation to include:

·         Ecological construction method statement

·         Bird mitigation strategy including monitoring

·         Habitat management plan

7. Access and maintenance roads to be constructed using permeable materials.

8. Details of materials for substation.

9. Colour and finish of pole for CCTV.

10. Boundary treatments.

11. All cabling underground.

12. Reinstatement of land after 25 years in accordance with scheme to be submitted.

13. If the solar panels fail to produce electricity for a continuous period of 12 months the panels and associated equipment shall be removed from the site and the land shall be reinstated within a period of 3 months from the end of that 12 months in accordance with a reinstatement scheme.

14. No structure should be erected within 6.5 metres of a public sewer.

It was proposed by Councillor Helen Helme and seconded by Councillor Margaret Pattison:

“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 Planning Permission be granted subject to a Deed of Variation to relate the legal agreement to this consent, and the following conditions:

1. Plans.

2. Agricultural Workers restriction to dwelling.

3. Removal of permitted development rights – Parts 1 and 2 of Schedule 2.

4. Parking – maintenance of path and adjacent hedgerow.

5. Retention of footpath.

It was proposed by Councillor Helen Helme and seconded by Councillor Margaret Pattison:

“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 legal agreement attached to planning consent 99/00489/CU is varied to remove the post-graduate and holiday use occupancy restrictions in relation to the two flats.

It was proposed by Councillor Helen Helme and seconded by Councillor Margaret Pattison:

“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 Planning Permission be grantedsubject to the following conditions:

1. Plans.

2. Parking spaces.

3. Removal of permitted development rights – Parts 1 and 2 of Schedule 2.

4. Retention of footpath – maintenance of path and adjacent hedgerow.

It was proposed by Councillor Helen Helme and seconded by Councillor Margaret Pattison:

“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 legal agreement attached to planning consent 01/00874/CU is discharged.

It was proposed by Councillor Helen Helme and seconded by Councillor Margaret Pattison:

“That the application be approved.”

(The proposal was contrary to the case officer’s recommendation of refusal).

Upon being put to the vote, 13 Members voted in favour of the proposition and 2 abstained, whereupon the Chairman declared the proposal to be carried.

Resolved:

That planning permission be granted subject to the following conditions (suitably worded):

1.    Plans.

2.    Permitted development rights removed.

3.    Path and adjacent hedgerow to be retained and maintained.

4.    Parking spaces.

5.    Bothy is subject to holiday occupancy only.

The Chief Officer (Regeneration and Planning) submitted a Schedule of Planning Applications dealt with under the Scheme of Delegation of Planning Functions to Officers.

Resolved:

That the report be noted.