Agenda and minutes

Planning Regulatory Committee - Monday, 26th June 2017 10.30 a.m.

Venue: Lancaster Town Hall

Contact: Tessa Mott, Democratic Services: telephone (01524) 582074 or email  tmott@lancaster.gov.uk 

Items
No. Item

13.

Minutes

Minutes of meeting held on 31st May, 2017 (previously circulated). 

Minutes:

The minutes of the meeting held on the 31st May 2017 were signed by the Chairman as a correct record.

14.

Items of Urgent Business authorised by the Chairman

Minutes:

There were no items of urgent business.

15.

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 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. 

 

Minutes:

Councillor Mel Guilding declared an interest in item A5 17/00340/VCN - Land Rear of Cemetery, Back Lane, Carnforth, the reason being that she had inadvertently mentioned at a Carnforth Town Council meeting on 21st June 2017 that she would be supporting the refusal of the application.

16.

Site Visit

Minutes:

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

 

17/00466/CU

Sea View, Ringstones Lane, Lowgill, Lancaster

Lower Lune Valley Ward

 

17/00224/FUL

 

Land to the Rear of Pointer Grove and Adjacent to High Road, Halton

 

Halton with Aughton Ward

The following members were present at the site visit, which took place on Monday 19th June 2017:

 

Councillors Carla Brayshaw, Dave Brookes, Abbott Bryning, Ian Clift, Claire Cozler, Mel Guilding, Jane Parkinson and Robert Redfern.

 

Officers in Attendance:

 

Andrew Drummond – Development Manager (Planning Applications)

Tessa Mott – Democratic Support Officer

 

APPLICATIONS SUBJECT TO PUBLIC PARTICIPATION

Councillor Mel Guilding had declared an interest in the following item. Councillor Guilding left the room at this point and returned after determination of the item.

17.

Land Rear Of Cemetery, Back Lane, Carnforth pdf icon PDF 251 KB

Outline application for 16 affordable residential units with associated access, drainage and landscaping arrangements (pursuant to the variation of condition 5 on the approved application 11/00668/OUT in relation to flood mitigation measures) for Mr Graham Wallbank

Minutes:

A5

17/00340/VCN

Outline application for 16 affordable residential units with associated access, drainage and landscaping arrangements (pursuant to the variation of condition 5 on the approved application 11/00668/OUT in relation to flood mitigation measures) for Mr Graham Wallbank

Carnforth and Millhead Ward

        R

 

Under the scheme of public participation, Ward Councillor Peter Yates spoke against the application and the applicant Graham Wallbank spoke in support.

 

It was proposed by Councillor Robert Redfern and seconded by Councillor June Ashworth:

 

“That the application be refused.”

 

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

 

Resolved:

 

That the variation to Condition 5 of Planning Permission 11/00668/OUT be refused for the following reason:

1.

Without the benefit of the by-pass culvert, which was previously considered necessary to allow for the scheme to be approved, it is considered there would be an increased risk of flooding, and therefore the application fails to conform to Policies DM38 and DM39 of the Development Management DPD, Policy SC1 of the Core Strategy, and Paragraphs 17 and 103 of National Planning Policy Framework.

 

18.

Woodside, Ashton Road, Ashton With Stodday pdf icon PDF 246 KB

Outline application for the erection of 1 residential dwelling for Mr Blackwell

Minutes:

A8

17/00363/OUT

Outline application for the erection of 1 residential dwelling for Mr Blackwell

Ellel Ward

        R

 

Under the scheme of public participation, Ward Councillor Susie Charles spoke in support of the application.

 

It was proposed by Councillor Dave Brookes and seconded by Councillor Claire Cozler:

 

“That the application be refused.”

 

Upon being put to the vote, 7 Members voted in favour of the proposition and 5 against, with 1 abstention, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That Outline Planning Permission be refused for the following reasons:

 

1.

The site is located off Ashton Road within the scattered hamlet of Ashton with Stodday. Ashton with Stodday contains minimal key services and as such is not considered to be sustainable in terms of its location. The site does not have immediate and direct access to key services and infrastructure, and would realistically only be accessible by using a private car. In addition it has not been demonstrated that the development would enhance or maintain the vitality of the local community or help sustain services in nearby settlements. There has been no exceptional justification provided to support the provision of a dwelling in this isolated location. As such the proposal is contrary to the aims and objectives of the National Planning Policy Framework, in particular the Core Planning Principles, and does not fall within any of the circumstances set out in Paragraph 55, Core Strategy policy SC1, and Policies DM20 (criteria ll) and DM42 of the Development Management Development Plan Document.

 

 

19.

Sea View, Ringstones Lane, Lowgill pdf icon PDF 267 KB

Change of use and conversion of redundant agricultural buildings to a single storey dwelling and a domestic storage and garage for Mr George Morphet

Additional documents:

Minutes:

A10

17/00466/CU

Change of use and conversion of redundant agricultural buildings to a single storey dwelling and a domestic storage and garage for Mr George Morphet

Lower Lune Valley Ward

        R

 

A site visit was held in respect of this item on 19th June 2017 minute 16 (2017/2018) refers.

 

Under the scheme of public participation, Parish Council representative Bronwen Osborne and Ward Councillor Joan Jackson both spoke in support of the application.

 

It was proposed by Councillor Janice Hanson and seconded by Councillor Robert Redfern:

 

“That the application be refused.”

 

Upon being put to the vote, 7 Members voted in favour of the proposition and 5 against, with 1 abstention, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That Planning Permission be refused for the following reason:

 

1.

The site is located within the open countryside, divorced from services and as such is not considered to be sustainable in terms of its location. It is considered that there are no special circumstances, in this instance, to justify a new dwelling in this isolated, unsustainable location.  The proposal is therefore contrary to the aims and objectives of the National Planning Policy Framework, in particular the Core Planning Principles and Section 6, Policy SC1 of Lancaster District Core Strategy and Policies DM20 and DM42 of the Development Management Development Plan Document.

 

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

Councillor Tim Hamilton-Cox left the meeting at this point and returned during the officer presentation of the following item.

20.

Farmhouse Tavern And Motel, Morecambe Road, Lancaster pdf icon PDF 355 KB

Change of use and conversion of the tavern into five dwellinghouses (C3) including demolition of conservatory and motel building and erection of 11 dwellinghouses (C3) with associated landscaping and parking for Tom Hill

Minutes:

A6

17/00136/FUL

Change of use and conversion of the tavern into five dwellinghouses (C3) including demolition of conservatory and motel building and erection of 11 dwellinghouses (C3) with associated landscaping and parking for Tom Hill

Skerton West Ward

        R

 

It was proposed by Councillor Dave Brookes and seconded by Councillor Claire Cozler:

 

“That the application be refused.”

 

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

 

Resolved:

 

That Planning Permission be refused for the following reasons;

 

1.

It is considered that the development would not make a positive contribution to the area given inadequate separation distances between dwellings, coupled with a lack of appropriate garden spaces.  It is therefore considered that the scheme has not demonstrated good design and the scheme as proposed would compromise the amenity of future and existing residents due to the over-developed nature of the site, and therefore the scheme would fail to conform to Policy DM35 of the Development Management DPD, Policy SC5 of the Core Strategy, and Section 7 of the National Planning Policy Framework.

 

2.

The scheme would potentially adversely impact on a large mature preserved copper beach tree that is established close to the existing conservatory, and given the development has the potential to impact on the root protection area of this impressive, protected specimen, the relationship between the development and the tree is unacceptable. In addition the works to the large mature horse chestnut tree, in terms of the extent of pruning required is considered excessive and as such the development is contrary to Policy DM29 of the Development Management DPD.

 

3.

There are concerns for the setting of the Tavern which results from the siting of Units 6 and 7 in front of the listed building.  It is considered that the harm to the setting of this building has not been demonstrated to the satisfaction of the local planning authority, as there is a lack of clear and convincing justification, and therefore the scheme fails to comply with Policies DM30 and DM32 of the Development Management DPD and Paragraphs 132 and 134 of the National Planning Policy Framework.

 

4.

The applicant is not proposing any affordable housing as part of the scheme.  Whilst a viability appraisal has been submitted in support of the scheme to demonstrate that it is not viable to support any affordable housing contribution, in the opinion of the Local Planning Authority the applicant needs to reconsider costs put forward as part of the development appraisal as at present there is a lack of confidence in the applicant’s assessment and therefore the scheme is considered contrary to Policy DM41 of the Development Management DPD.

 

5.

The Tavern is a former public house, and would have previously provided the community of Scale Hall with a valuable local service.  However it is considered that the applicant has failed to provide the necessary compelling and detailed evidence which is required under Policy DM49  ...  view the full minutes text for item 20.

Councillors Susan Sykes and Phillippa Williamson left the room at this point and did not return to the meeting.

21.

Farmhouse Tavern And Motel, Morecambe Road, Lancaster pdf icon PDF 307 KB

Listed building application to facilitate the conversion of the tavern into five dwellinghouses (C3) including demolition of conservatory and motel building and erection of 9 dwellinghouses (C3) for Tom Hill

Minutes:

A7

17/00137/LB

Listed building application to facilitate the conversion of the tavern into five dwellinghouses (C3) including demolition of conservatory and motel building and erection of 9 dwellinghouses (C3) for Tom Hill

Skerton West Ward

        SD

 

It was proposed by Councillor Claire Cozler and seconded by Councillor Dave Brookes:

 

“That the split decision outlined in the report 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 a split decision is reached. In the first instance;

 

That Listed Building Consent for internal and external works comprising the insertion of internal partition walls and demolition of internal walls, construction of the extension to the north facing elevation and the demolition of the existing motel units be refused for the following reason:

 

1)    At this time there is insufficient justification thatthe proposed works required to the listed building to facilitate a residential development, as shown on the submitted plans, is the optimum viable use of the building given the use is not established via the planning application it would be premature to support a scheme.  Without such justification the local planning authority cannot conclude that the harm identified would be outweighed by the public benefits of the proposal, including securing its optimum viable use, and is therefore considered that the scheme is contrary to DM30 of the Development Management DPD and Paragraph 132 and 134 of the NPPF.

 

In the second instance;

            . 

That Listed Building Consent for external works comprising the removal of the existing conservatory, the removal of the outbuildings, the removal of the fire escape stair, air conditioning units, alarm boxes and service installations, replacement rainwater goods, replacement windows including roof-lights, stone gate posts repaired, steps, paving and balustrades repaired and re-instated and stone boundary walls repairs, can be granted subject to the following conditions;

 

1)    LB time Limit.

2)    Insofar as it relates to the approved works listed above, the development be carried out in accordance with approved drawings.

3)    Precise LB details to be submitted and agreed with the LPA.

·         Precise window and door construction details/sample including colour and finish.

·         Details of stone and stone cill/head samples to reinstated openings.

·         Precise details repair methods to stonework and roof (including mortar and pointing samples and any new roof covering materials).

·         New roof lights to main roof and motel units.

·         Details of the repairs to stone gate posts, stone walls, steps, paving and balustrades.

·         Hardstanding areas to be made good following the removal of the conservatory.

·         Details of rainwater goods.

      4)    Archaeology Recording.

Councillor Abbott Bryning left the room at this point and returned during the officer presentation of the following item. Councillor Abbott Bryning did not participate in the vote.

22.

Former St Patricks Catholic Church, St Johns Road, Heysham pdf icon PDF 239 KB

Variation of legal agreement attached to planning permission 06/00666/FUL to alter the affordable housing provisions for Mrs Carla Clarke

Minutes:

A9

17/00333/VLA

Variation of legal agreement attached to planning permission 06/00666/FUL to alter the affordable housing provisions for Mrs Carla Clarke

Heysham North Ward

        A

 

It was proposed by Councillor June Ashworth and seconded by Councillor Janice Hanson:

 

“That the recommendations out lined in the report be approved.”

 

Upon being put to the vote, 8 Members voted in favour of the proposition and 1 against, whereupon the Chairman declared the proposal to be carried. 

 

Resolved:

 

That the following recommendations be approved:

 

(i)    A Deed of Variation to make provisions to allow for a leaseholder “buy back option” to be exercised on 8 St Johns Road and for the resulting 100% freehold ownership to be free of any affordable housing restrictions.

 

(ii)   Any future applications for Variation of Legal Agreements to the remaining 13 properties constructed under 06/00666/FUL to be delegated to Officer’s to determine.

 

The meeting adjourned at 12:50 and reconvened at 12:55.

23.

5 Cheapside, Lancaster, Lancashire pdf icon PDF 264 KB

Change of use of shop (A1) to restaurant (A3) and installation of a flue to the rear for Mr Ali Ezdi

Minutes:

A11

17/00140/FUL

Change of use of shop (A1) to restaurant (A3) and installation of a flue to the rear for Mr Ali Ezdi

Castle Ward

        A

 

It was proposed by Councillor Dave Brookes and seconded by Councillor Mel Guilding:

 

“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.

Standard three year time condition.

2.

Development to accord with plans.

3.

Opening Hours (0800-2300 Monday to Friday; 0800-0200 Saturday, and 1000-2300 Sunday).

 

 

24.

Land Adjacent To Railway Bridge, St Georges Quay, Lancaster pdf icon PDF 239 KB

Siting of a temporary sales cabin with associated parking for Rachael Graham

Minutes:

A12

17/00361/FUL

Siting of a temporary sales cabin with associated parking for Rachael Graham

Castle Ward

        A

 

It was proposed by Councillor Dave Brookes and seconded by Councillor Robert 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 Planning Permission be granted subject to the following conditions:

 

1.

Temporary consent to 31 December 2017, including land restoration.

2.

Development in accordance with approved plans.

3.

Car parking to be retained for the duration of the use of the sales cabin.

 

 

 

25.

18 Yealand Drive, Lancaster, Lancashire pdf icon PDF 236 KB

Partial demolition of existing detached garage and erection of a single storey side and rear extension for Mr & Mrs R Cope

Minutes:

A13

17/00555/FUL

Partial demolition of existing detached garage and erection of a single storey side and rear extension for Mr & Mrs R Cope

Scotforth East Ward

        A(C)

 

It was proposed by Councillor Robert Redfern and seconded by Councillor Ian Clift:

 

“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.

Standard three year timescale.

2.

Development in accordance with amended plans.

3.

Materials to match.

4.

5.

Retention of boundary wall between driveway.

Removal of permitted development rights – garage to be used solely for the housing of a private motor vehicle or storage associated with the main dwelling.

 

 

26.

10 Denny Avenue, Lancaster, Lancashire pdf icon PDF 137 KB

Erection of a single storey rear extension and construction of a disabled access ramp for Mr Greenwood

Minutes:

A14

17/00168/FUL

Erection of a single storey rear extension and construction of a disabled access ramp for Mr Greenwood

Skerton West Ward

        A

 

It was proposed by Councillor June Ashworth and seconded by Councillor Claire Cozler:

 

“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.

Standard three year timescale.

2.

Development in accordance with amended plans.

3.

No balcony on the flat roof.

 

27.

Delegated Planning Decisions pdf icon PDF 274 KB

Minutes:

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.