Agenda and minutes

Planning Regulatory Committee - Monday, 24th July 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

28.

Minutes

Minutes of meeting held on 26^th June 2017 (previously circulated).

Minutes:

The minutes of the meeting held on the 26^th June 2017 were signed by the Chairman as a correct record.

29.

Items of Urgent Business authorised by the Chairman

Minutes:

There were no items of urgent business.

30.

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 Tim Hamilton-Cox declared an interest in item A5 17/00224/FUL Land to the Rear of Pointer Grove and Adjacent to High Road, Halton. The reason being that one of the public speakers was a business partner of his until November 2003.

Councillor Carla Brayshaw declared an interest in item A7 17/00718/VCN Rear of Pleasureland, Marine Road Central, Morecambe. The nature being that she knows the applicant and he is a contributor to Morecambe Carnival in which she is involved.

Councillors Eileen Blamire and Claire Cozler both declared an interest in item A11 17/00446/LB Dukes Playhouse, Moor Lane, Lancaster. The reason being that they both sit on the Dukes Board of Directors.

APPLICATIONS SUBJECT TO PUBLIC PARTICIPATION

31.

Land To The Rear Of Pointer Grove And Adjacent To High Road Halton PDF 347 KB

Erection of 66 dwellings with associated access, landscaping, open space, drainage, highway and parking arrangements and land re-profiling works

Minutes:

17/00224/FUL

Erection of 66 dwellings with associated access, landscaping, open space, drainage, highway and parking arrangements and land re-profiling works for Russell Armer Ltd.

Halton-with-Aughton Ward

A(106)

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

Under the scheme of public participation, Stephen Talbot, Matt Heys, Claire Cornish, Donald Pearce, David Barnett and Parish Council representative Bryan Jefferson spoke against the application. Andrew Tait agent for the application spoke in support.

It was proposed by Councillor Tim Hamilton-Cox 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 7 against and 1 abstention, whereupon the Chairman declared the proposal to be lost.

It was then proposed by Councillor Claire Cozler and seconded by Councillor Eileen Blamire:

“That the application be approved.”

Upon being put to the vote, 8 Members voted in favour of the proposition, with 5 against and 1 abstention, whereupon the Chairman declared the proposal to be carried.

Resolved:

That subject to the applicant signing and completing a legal agreement to secure the obligations as contained within Paragraph 8.1, Planning Permission be granted subject to the following conditions:
1.	Standard 3 year timescale.
2.	Development in accordance with approved plans (to be listed).
3.	Working programme.
4.	Hours of works (0800-1800 Mon to Fri and 0800-1400 Sat only).
5.	Detailed plans of site access.
6.	Off-site Highway Works.
7.	Protection of visibility splays 2.4m x 120m.
8.	Car parking to be provided.
9.	Garages for use of motor vehicles only.
10.	Details of cycle parking and refuse provision (dwellings without garages).
11.	Development in accordance with the submitted AIA.
12.	Submission of a Tree Works Schedule.
13.	Provision of landscaping scheme.
14.	Scheme of enhancement for ecology.
15.	Development in accordance with the FRA.
16.	Surface water drainage scheme.
17.	Finished floor and site levels.
18.	Open space – including provision of 5 pieces of play equipment, maintenance, timetable for implementation.
19.	Material samples.
20.	Details of retaining walls and boundary treatments, including finishes.
21.	Unforeseen contaminated land assessment.
22.	Removal of the PD rights.
23.	Vehicle charging points.

The meeting adjourned at 11:58 and reconvened at 12:07.

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

32.

Hillside Farm Lancaster Road Heaton With Oxcliffe PDF 288 KB

View the background to item 32.

Demolition of existing agricultural buildings/farm house, erection of a food production facility with associated landscaping, alterations to existing access, construction of a new internal road, erection of a detached agricultural building and creation of a pond

Minutes:

16/00169/FUL

Overton Ward

It was proposed by Councillor Helen Helme and seconded by Councillor Claire Cozler:

“That the application be approved.”

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

It was then proposed by Councillor Dave Brookes and seconded by Councillor Tim Hamilton-Cox:

“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, 10 Members voted in favour of the proposition, with 3 against and 1 abstention, whereupon the Chairman declared the proposal to be carried.

Resolved:

Members resolved to refuse this application on the grounds that the site is considered to represent an unsustainable location for this form and scale of development due to the increased scale of development on the site and intensification of the site’s use without adequately providing safe access to non-motorised forms of transport, so is contrary to Development Management policies DM8, DM15 and DM20.

Councillors Eileen Blamire, Carla Brayshaw, Claire Cozler, Andrew Kay and Robert Redfern left the room at this point.

Councillors Eileen Blamire and Claire Cozler returned to the meeting during the officer presentation. Councillors Andrew Kay and Robert Redfern did not return to the meeting.

The Chairman, Councillor Carla Brayshaw left the room as she had declared an interest in the following item. The Chairman vacated the Chair and the room during the consideration of the item and did not participate in the vote.

The Vice-Chairman, Councillor Helen Helme, took the Chair for the following item only.

33.

Rear Of Pleasureland Marine Road Central Morecambe PDF 257 KB

Erection of a two storey indoor trampoline park with associated landscaping and parking and extension of terrace to rear of Pleasureland (pursuant to the variation of condition 9 on planning permission 16/00578/FUL in relation to the finish to the building, to include a maintenance regime and alterations to boundary treatments including an increase in height to 3 metres)

Minutes:

17/00718/VCN

Poulton Ward

A(C)

It was proposed by Councillor Dave Brookes 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 receipt of appropriate details and amendments and following conditions:
1.	Approved plans.
2.	Development in accordance with approved Construction Management Plan.
3.	Contamination measures.
4.	Development in accordance with approved surface water drainage scheme.
5.	Development in accordance with noise mitigation - including noise generated by the plant.
6.	Implementation of off-site highway works.
7.	Layout out of the car park and pedestrian links, including materials, lighting, benches, cycle stands, bollards, landscaping and maintenance.
8.	Materials/details including – vinyl cladding (material, colour and arrangement), roofing material, windows/doors (including any effects to glazing), eaves and ridge details, rainwater goods, boundary treatments and maintenance at all times thereafter.
9.	Materials/ details of extended terrace.
10.	Secure staff cycle facilities.
11.	Opening hours 10.00 – 22.00.
12.	Restriction of delivery hours.
13.	Active and regular management and maintenance of the site and building to preserve a tidy appearance.

Councillor Susan Sykes left the room at this point and did not return to the meeting.

34.

118 Newlands Road Lancaster PDF 328 KB

View the background to item 34.

Erection of a single storey rear extension, erection of an attached double garage to side with terrace above, construction of a raised roof and dormer extensions to the front and rear elevations and a new bay window and raised veranda to the front

Minutes:

16/01611/FUL

John O’Gaunt Ward

It was proposed by Councillor Eileen Blamire and seconded by Councillor Helen Helme:

“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 the approved plans.
3.	Development in accordance with submitted Arboricultural Implications Assessment.
4.	Garage use restriction.

35.

12 Knowlys Drive Heysham PDF 322 KB

View the background to item 35.

Partially retrospective application for the erection of a single storey side and rear extension

Minutes:

17/00681/FUL

Partially retrospective application for the erection of a single storey side and rear extension for Mr Tyrone Lewis

Heysham Central Ward

It was proposed by Councillor Claire Cozler and seconded by Councillor Helen Helme:

“That the application be approved.”

Upon being put to the vote, 5 Members voted in favour of the proposition and 5 against, with 1 abstention. The Chairman then, in accordance with Council Procedure Rule 19.2, used her casting vote and declared the proposal to be lost by virtue of her casting vote.

It was then proposed by Councillor Ian Clift and seconded Councillor Carla Brayshaw:

“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, 7 Members voted in favour of the proposition, with 2 against and 2 abstentions, whereupon the Chairman declared the proposal to be carried.

Resolved:

Members resolved to refuse this application on the grounds that a number of trees within the application site are the subject to Tree Preservation Order and as a result of the unauthorised construction works in relation to the provision of a retaining wall and side extension, significant and irreversible harm to the root systems of the protected trees have occurred which is considered to adversely affect their stability, health, vitality and long term sustainability.

36.

Melling House Hala Road Lancaster PDF 231 KB

View the background to item 36.

Erection of a detached outbuilding to store mobility scooters

Minutes:

A10

17/00577/FUL

Erection of a detached outbuilding to store mobility scooters for Mr Tom Greenwood

Scotforth East Ward

It was proposed by Councillor Dave Brookes 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 the approved plans.
3.	Scheme for planting to the southern elevation to be submitted and agreed, and the approved scheme to be planted in the first planting season post-completion of the development.

37.

Dukes Playhouse Moor Lane Lancaster PDF 245 KB

Listed building application for alterations to roof and replacement rooflights, replacement of 5 windows to the ground floor rear elevation, replacement of a door on the side elevation and repair works to rainwater goods, external metal work, extraction vents and external block work.

Minutes:

A11

17/00446/LB

Bulk Ward

It was proposed by Councillor Ian Clift 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 Listed Building Consent be granted subject to the following conditions:
1.	Standard three year timescale.
2.	Works to be carried out in accordance with the approved plans – to be listed.
3.	Works to be undertaken in accordance with agreed details – to be listed.

38.

Land Opposite St George’s Quay Development Site St George’s Quay Lancaster PDF 244 KB

View the background to item 38.

Advertisement application for the display of one non-illuminated freestanding sign

Minutes:

A12

17/00546/ADV

Advertisement application for the display of one non-illuminated freestanding sign for Ms Fiona Dootson

Castle Ward

It was proposed by Councillor Dave Brookes and seconded by Councillor Tim Hamilton-Cox:

“That the application be approved.”

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

Resolved:

That Advertisement Consent be granted subject to the following conditions:
1.	Temporary consent until 01/05/2020.
2.	Advertisement in accordance with the approved plans – to be listed.
3.	Use of a non-reflective material.
4.	Advertisement not to be displayed without permission of the site’s owner or any other person with an interest in the site.
5.	Advertisement not to be sited or displayed so as to endanger persons, obscure or hinder traffic signs/signals, hinder the operation of any device used for security or measuring vehicle speeds.
6.	Maintenance of site/sign so not to impair the visual amenity of the site.
7.	Structure of sign to be maintained so not to endanger the public.
8.	After the advertisement is removal the site shall be left in a condition so not to endanger the public or impair visual amenity.

39.

Delegated Planning Decisions PDF 317 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.