Agenda and minutes

Planning Regulatory Committee - Monday, 25th June 2018 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 4^th June, 2018 (previously circulated).

Minutes:

The minutes of the meeting held on 4^th June 2018 were signed by the Vice-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 Colin Hartley declared an interest in agenda item A10 17/00848/OUT Land South of Playing Field Trumacar Lane, Middleton Road, Heysham. The reason being that he had previously made an objection with Officers regarding the percentage of affordable homes on the development.

Councillor Ian Clift declared an interest in agenda item A11 18/00234/FUL Bay Scaffolding, Northgate, White Lund Industrial Estate, Morecambe. The reason being that he attended a Parish Council about the application but stated that he made no comment regarding the matter.

Councillors Sylvia Rogerson and Malcolm Thomas both declared an interest in agenda item A8 18/00491/CU Thortindale Cottage, Coastal Road, Bolton Le Sands. The reason being that they are Ward Councillors for Bolton and Slyne Ward.

16.

Site Visit

Minutes:

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

18/00405/FUL

St Thomas Centre, Marton Street, Lancaster

Castle Ward

18/00588/FUL

18/00308/FUL

18/00075/FUL

18/00491/CU

85-89 Penny Street, Lancaster

1 Downham Cottages, Chapel Lane, Galgate

Land to the North of Foundry Lane, Halton

Thortindale Cottage, Coastal Road, Bolton Le Sands

Castle Ward

Ellel Ward

Halton-with-Aughton Ward

Bolton and Slyne Ward

The following Members were present at the site visit, which took place on Monday 18^th June 2018:

Councillors Alan Biddulph, Dave Brookes, Abbott Bryning, Ian Clift, Helen Helme, Jane Parkinson, Jean Parr, Sylvia Rogerson and Malcolm Thomas.

Officers in Attendance:

Eleanor Fawcett – Planning Officer

Jennifer Rehman – Major Applications Planning Officer

Sam Robinson – Graduate Planner

Andrew Drummond – Development Manager (Planning Applications)

Petra Williams – Planning Officer

Andrew Clement – Planning Assistant

Tessa Mott – Democratic Support Officer

APPLICATIONS SUBJECT TO PUBLIC PARTICIPATION

17.

1 Downham Cottages, Chapel Lane, Galgate PDF 154 KB

View the background to item 17.

Erection of a two storey side extension

Minutes:

18/00308/FUL

Erection of a two storey side extension.

Ellel Ward

A site visit was held in respect of this item on 18^th June 2018 minute 16 (2018/2019) refers.

Under the scheme of public participation, Andrew Poulter spoke against the application and John Barnes the applicant spoke in favour.

It was proposed by Councillor Sylvia Rogerson and seconded by Councillor Jane Parkinson:

“That the application be approved.”

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

Members clarified the reasons for the contrary proposal, being that, contrary to the Officer recommendation in the report, the proposed development would not have a detrimental impact on the listed building or neighbouring properties.

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

It was then proposed by Councillor Brookes and seconded by Councillor Ian Clift:

“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 Vice-Chairman declared the proposal to be carried.

Resolved:

That Planning Permission be refused for the following reasons:

The application site is considered to be too narrow for the siting of a 4.15m wide, two storey side extension and by reason of this excessive width and overdevelopment of the site, the proposal would significantly unbalance the row of four terraced properties leading to an incongruous dwelling when viewed from the wider area. As such it is considered that the proposed development is contrary to Policy DM35 of the Development Management DPD and the provisions of the National Planning Policy Framework (NPPF), paragraphs 17 and 56.

The proposed two storey extension would be inappropriately sited adjacent to the neighbouring properties, including the Grade II Listed Building of Chapel Cottage, by reason of its separation distance and elevated position of the application site. Consequently the development proposal is thought to have an over-dominant and overbearing effect on the immediate setting of the Listed Building and nearby residential occupiers. As such it is considered that the proposed development is contrary to Policy DM30, DM32 and DM35 of the Development Management DPD and the provisions of the NPPF, paragraphs 17, 56, 132 and 134.

18.

Land South East of Lancaster Leisure Park, Wyresdale Road, Lancaster PDF 240 KB

View the background to item 18.

Erection of 44 dwellings with associated access and landscaping

Minutes:

17/00945/FUL

Erection of 44 dwellings with associated access and landscaping.

John O’Gaunt Ward

A site visit was held in respect of this site location on 18^th July 2016 minute 33 (2016/2017) refers.

Under the scheme of public participation, Mark Hutton, Paul Barrow, John Allen and Nick Walker (LA14 Flood Group Representative) all spoke against the application. Anna Relph agent for the application spoke in favour.

It was proposed by Councillor Dave Brookes and seconded by Councillor Eileen Blamire:

“That the application be refused.”

Members clarified the reasons for the contrary proposal, being that, there is an unacceptable level of amenity to plot 13 given the risk of flooding to the garden of this property as emphasised by the required mitigation measures to this plot.

(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 and 3 against, whereupon the Vice-Chairman declared the proposal to be carried.

Resolved:

That planning permission be refused for the following reason:

The submitted Flood Risk Assessment recommends a number of mitigation measures, including the erection of a post and wire/rail fence to the western boundary of Plot 13 and the grading of its garden to ensure that floodwater cannot encroach into or adjacent to the building. These measures therefore acknowledge that the garden of this dwelling is at risk of flooding, leading to an unacceptable level of amenity to this property, contrary to paragraph 17 of the NPPF and DM35 of the Development Management DPD.

Councillor Andrew Kay arrived at the meeting at this point.

Councillors Sylvia Rogerson and Malcolm Thomas had both previously declared an interest in the following item.

The meeting adjourned at 11:53 and reconvened at 11:59.

19.

Thortindale Cottage, Coastal Road, Bolton Le Sands PDF 324 KB

Change of use of dwelling (C3) into residential care home for children (C2) and alterations to existing access

Minutes:

18/00491/CU

Change of use of dwelling (C3) into residential care home for children (C2) and alterations to existing access.

Bolton and Slyne Ward

A site visit was held in respect of this site location on 18^th June 2018 minute 16 (2018/2019) refers.

Under the scheme of public participation, John Dixon, Keith Douglas, John Boardman, Jacqueline Lloyd, Louise Belcher, Raymond Holroyd, Edward Briggs, Robert Swain, John Westmoreland, Noel Cooper, Teresa Waddington, Noel Kelly all spoke against the application. Paul Johnson the applicant spoke in favour of the application. Ward Councillor John Wild spoke finally against the application.

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

“That the application be approved.”

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

Resolved:

That Planning Permission be granted subject to the following conditions:
1.	Standard 3 year timescale.
2.	Development to be carried out in accordance to approved plans.
3.	Implement the mitigation measures in the TPP and retention of existing trees and hedges.
4.	Submit details of signage, to be agreed with Canal and River Trust, and implemented prior to use and retained.
5.	Provision of surfacing, 4.1m wide passing places and parking prior to use and retained – the details of the surfacing material to be submitted, agreed, implemented and maintained.
6.	No more than 4 young persons shall be in receipt of care by the residential care home at any one time.
7.	Notwithstanding the provisions of the Use Class Order, the property shall be restricted to children’s care home and no other use within Use Class C2 without the express consent of the Local Planning Authority.

The meeting adjourned at 13:13 and reconvened at 13:43.

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

20.

Land To The North Of, Foundry Lane, Halton PDF 358 KB

View the background to item 20.

Change of use of agricultural land to a gypsy/traveller site comprising 2 static caravans and 3 touring caravans, 2 utility blocks, a septic tank and a 2.1m boundary fence

Minutes:

18/00075/FUL

Change of use of agricultural land to a gypsy/traveller site comprising 2 static caravans and 3 touring caravans, 2 utility blocks, access track, a septic tank and a 2.1m boundary fence.

Halton-with-Aughton Ward

A site visit was held in respect of this item on 18^th June 2018 minute 16 (2018/2019) refers.

The application was withdrawn prior to the Committee and no presentation took place.

21.

Land Off Imperial Road, Heysham PDF 376 KB

View the background to item 21.

Erection of an industrial unit (B2) with associated offices (B1), storage and distribution (B8), creation of new access and car parking, provision of surface water attenuation ponds, regrading of land, erection of retaining walls, cycle and smoking shelters and waste compactors

Minutes:

18/00154/FUL

Overton Ward

A(P)

It was proposed by Councillor Andrew Kay and seconded by Councillor Colin Hartley:

“That the application be approved.”

Upon being put to the vote, 12 Members voted in favour of the proposition and 2 against, whereupon the Vice-Chairman declared the proposal to be carried.

Resolved:

That the application be approved but delegated back to the Planning Manager to resolve the outstanding matters of trees and ecology, and the completion of a legal agreement to secure the shuttle bus service and the off-site highway works and subject to the following conditions:

1.	3 year timescale.
2.	Development in accordance with approved plans.
3.	Surface water drainage scheme.
4.	Surface water management scheme.
5.	Foul water drainage scheme.
6.	Contaminated land condition, including the submission of a verification report to demonstrate compliance with the remediation report.
7.	Submission of access details.
8.	Scheme for the provision of off-site highway works.
9.	Transport management plan including: · Car parking provision. · Management Plan for the car park. · Secure and covered cycle parking. · Staff Travel Plan. · Provision of 9 fast charge electric vehicle charging points.
10.	Submission of finished floor and site levels, including details of retaining structures.
11.	Submission of building materials and lighting details.
12.	Provision of a landscaping scheme and associated management plan.
13.	Ecological mitigation and enhancement.
14.	Environmental Management Plan during the construction period.
15.	Removal of relevant permitted rights.

Councillor Colin Hartley had previously declared an interest in the following item. Councillor Hartley left the meeting room prior to the following item and did not participate in the vote.

22.

Land South Of Playing Field Trumacar Lane, Middleton Road, Heysham PDF 197 KB

Outline application for the erection of up to 75 dwellings with associated access

Minutes:

A10

17/00848/OUT

Outline application for the erection of up to 75 dwellings with associated access.

Overton Ward

A(106)

It was proposed by Councillor Eileen Blamire and seconded by Councillor Andrew Kay:

“That the application be approved.”

Upon being put to the vote, 12 Members voted in favour of the proposition with 1 abstention, whereupon the Vice-Chairman declared the proposition to be carried.

Resolved:

That Outline Planning Permission be granted subject to the singing and completing of a S106 agreement to secure the following obligations: The provision of a minimum of 18.66% of affordable housing to be based on a 50:50 (social rented : shared ownership) tenure split as required by policy (percentage, tenure, size, type, phasing to be addressed at Reserved Matters stage based on local housing needs); Education contribution of £56,869.24 for four primary school places to be agreed (to be reviewed at the Reserved Matters stage when the unit numbers and number of bedrooms are known); The above 3 obligations are reviewed at the Reserved Matters stage; Long term maintenance of landscaping, open space and non-adopted drainage and highways and associated street lighting. and the following conditions:

1.	Timescales.
2.	Working Programme.
3.	Access Details.
4.	Visibility Splays to be implemented measuring 2.4m x 90m.
5.	Offsite Highways Works (to include improvements to the existing footways along Middleton Road to support a shared surface for cycling and pedestrian movement, traffic calming together with bus stop provision on Middleton Road or Provision for a point of access to Trumacar Playing fields.
6.	Submission of Arboricultural Implications Assessment, Tree and Hedgerow Protection Plan, Arboricultural Method Statement and Tree Works Schedule.
7.	Provision for home owner packs.
8.	Written scheme of archaeological investigation and subsequent implementation of such scheme.
9.	Contaminated Land Assessment and recording.
10.	Surface Water Drainage Scheme.
11.	Surface Water Management Scheme.
12.	Provision for foul water drainage details.
13.	Development in accordance with the principles contained within the Flood Risk Assessment.
14.	Development in accordance with the principles contained within the Ecological appraisal.
15.	Finished floor and site levels.
16.	Open space provision, maintenance and management.
17.	No development over the public sewer that crosses the site.
18.	Electric vehicle charging points.

Councillor Ian CIift had previously declared an interest in the following item.

Councillor Jon Barry left the meeting at this point and did not return.

23.

Bay Scaffolding, Northgate, White Lund Industrial Estate, Morecambe PDF 273 KB

Demolition of factory building and erection of 4 industrial units, installation of a raised replacement roof and erection of a single storey infill extension to the front and first floor side extension to existing industrial unit

Minutes:

A11

18/00234/FUL

Westgate Ward

A site visit was held in respect of this site location on 6^th November 2017 minute 80 (2017/2018) refers.

It was proposed by Councillor Sylvia Rogerson and seconded by Councillor Jane Parkinson:

“That the application be approved.”

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

Members clarified the reasons for the contrary proposal, being that, the applicant had provided sufficient justification for the loss of the non-designated heritage asset.

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

Councillor Eileen Blamire left the meeting at this point and did not return. Councillor Blamire did not participate in the rest of the voting on this item.

It was then proposed by Councillor Colin Hartley and seconded by Councillor Ian Clift:

“That the application be refused.”

Upon being put to the vote, 5 Members voted in favour of the proposition and 5 against, with 2 abstentions, whereupon the Vice-Chairman 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 Sylvia Rogerson and seconded by Councillor Jane Parkinson:

“That the application be approved.”

Resolved:

That Planning Permission be approved and subject to the following conditions:

1. Standard 3 year timescale.

2. Development in accordance with list of approved plans.

3. Standard contamination condition.

4. Tree protection measures and Arboricultural Method Statement.

5. Surface water drainage scheme and management plan.

6. Foul drainage.

7. Details of all materials – roof, walls, doors, windows, surface treatments.

8. Details of security measures – CCTV, external lighting, boundary treatments and gates.

9. Secure and covered cycle storage within the buildings.

10. Car parking and turning areas to be marked out and provided in full prior to occupation of any unit, and retained at all times thereafter for their intended purpose.

11. Provision of oil interceptor to parking/turning areas.

12. Hours of construction 0800-1800 Mon to Sat.

13. No external storage.

Councillor Jane Parkinson left the meeting at this point and did not return.

24.

Delegated Planning List PDF 268 KB

Minutes:

The Planning Manager submitted a Schedule of Planning Applications dealt with under the Scheme of Delegation of Planning Functions to Officers.

Resolved:

That the report be noted.