Agenda and minutes

Planning Regulatory Committee - Monday, 3rd April 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

153.

Minutes

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

Minutes:

The minutes of the meeting held on the 6th March 2017 were signed by the Chairman as a correct record subject to the decision indicator from items A5 and A6 (minutes 140 and 141 2016/2017 refer) being changed from ‘A’ to ‘A(106)’ as agreed at the previous meeting.

154.

Items of Urgent Business authorised by the Chairman

Minutes:

There were no items of urgent business.

155.

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:

Councillors Dave Brookes and Tim Hamilton-Cox both declared an interest in item A7 16/01394/FUL 1 Spring Garden Street, Lancaster. The nature being that the applicant is related to their Green party colleague Councillor Wilkinson (who is also employed by the applicant).

156.

Site Visit

Minutes:

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

 

16/01515/OUT

Development Land, Bowerham Lane, Lancaster

University and Scotforth Rural Ward

 

16/01599/OUT

 

 

16/01603/FUL

 

 

17/00170/OUT

 

 

17/00165/OUT

 

Higher Bond Gate, Abbeystead Road, Dolphinholme

 

Land Off Sycamore Road, Brookhouse

 

Land Rear of Ingleborough View, Station Road, Hornby

 

Land Between Low Road and Forge Lane, Halton

 

Ellel Ward

 

 

Lower Lune Valley Ward

 

Upper Lune Valley Ward

 

Halton-with-Aughton Ward

 

The following members were present at the site visit, which took place on Monday 27th March 2017:

 

Councillors June Ashworth, Carla Brayshaw, Dave Brookes, Abbott Bryning, Ian Clift, Sylvia Rogerson, Malcolm Thomas and Peter Yates.

 

Officers in Attendance:

 

Mark Potts – Major Applications Planning Officer

Jennifer Rehman – Major Applications Planning Officer

Tessa Mott – Democratic Support Officer

 

APPLICATIONS SUBJECT TO PUBLIC PARTICIPATION

157.

Development Land, Bowerham Lane, Lancaster pdf icon PDF 218 KB

Outline application for the erection of up to 30 dwellings and creation of a new access for Mr A Ruchwaldy

Minutes:

A5

16/01515/OUT

Outline application for the erection of up to 30 dwellings and creation of a new access for Mr A Ruchwaldy

University and Scotforth Rural Ward

   R

 

A site visit was held in respect of this item on 27th March 2017 minute 156 (2016/2017) refers.

 

Under the scheme of public participation, Janie Kirkman, George Long, Neil Harris and Councillor Oscar Thynne spoke against the application. Dan Ratcliffe agent for the application spoke in support of the application. Ward Councillors Sam Armstrong and Nathan Burns then both spoke against the application.

 

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

 

“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, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That Outline Planning Permission be refused for the following reason:

 

1.    Due to the elevated land levels and the prominent position of the site adjacent to Bowerham Lane, the proposed residential development will appear overly-prominent and overbearing.  This will be detrimental to the visual amenity and character of the locality; the character of this area of Key Urban Landscape; and potentially the residential amenity of future occupants, as there is no guarantee that up to 30 dwellings could be satisfactorily accommodated on the site which would achieve an appropriate form and design of development, given the challenging topography.  The proposal is therefore contrary to Policies DM28, DM35 and DM41 of the Development Management Development Plan Document (DPD); Saved Policy E31 of the Lancaster District Local Plan and Paragraph 58 of the National Planning Policy Framework.

 

 

158.

Higher Bond Gate, Abbeystead Road, Dolphinholme pdf icon PDF 327 KB

Outline application for the erection of up to 49 dwellings, 1 shop unit (A1) and provision of an underground foul pumping station with creation of a new vehicular access point, public footpath and associated landscaping for Mr & Mrs D Wallbank

Minutes:

A6

16/01599/OUT

Outline application for the erection of up to 49 dwellings, 1 shop unit (A1) and provision of an underground foul pumping station with creation of a new vehicular access point, public footpath and associated landscaping for Mr & Mrs D Wallbank

Ellel Ward

   R

 

A site visit was held in respect of this item on 27th March 2017 minute 156 (2016/2017) refers.

 

Under the scheme of public participation, Suzette Heald representative for Dolphinholme Resident’s Association, Rosalind Hargreaves, Roy Appleton and Ian Wallace all spoke against the application. Graham Salisbury agent for the application spoke in support.

 

It was proposed by Councillor Robert Redfern and seconded by Councillor Claire Cozler:

 

“That the application be refused.”

 

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 Outline Planning Permission be refused for the following reasons:

 

1.

The development is not well related to the existing scale and character of Dolphinholme, and is considered to have a detrimental impact on the character and quality of the landscape; the intrinsic character of the rural landscape and settlement would be lost. The development therefore is not seen as a sustainable or suitable extension to the village, and thus fails to adhere to Policies DM28, DM35, DM41, and DM42 of the Development Management DPD, saved Policy E4 of the Lancaster District Local Plan, Policy SC1 of the Lancaster Core Strategy and Paragraphs 7 and 14 of the National Planning Policy Framework.

 

2.

The proposed development by virtue of its location and access to services renders the site unattractive to walk and travel by other sustainable means of transport between workplaces, shops, schools, health care centres, recreation, leisure and community facilities and therefore it is not considered the proposal represents sustainable development and fails to conform to Policy SC1 of the Lancaster Core Strategy, Policies DM20, DM21, DM28, DM35 and DM42 of the Development Management DPD, and Paragraphs 7 and 14 of the National Planning Policy Framework.

 

 

 

 

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

Councillors Dave Brookes and Tim Hamilton-Cox had both declared an interest in the following item. Councillor Dave Brookes and Tim Hamilton-Cox left the room during the determination of the following item and did not participate in the vote.

159.

1 Spring Garden Street, Lancaster, Lancashire pdf icon PDF 261 KB

Partial demolition and alteration of existing building and erection of a two storey building above existing ground floor, with retail (A1) at ground floor and two 4-bed student cluster flats (C4) on upper floors for Mr Stephen Wilkinson

Minutes:

A7

16/01394/FUL

Partial demolition and alteration of existing building and erection of a two storey building above existing ground floor, with retail (A1) at ground floor and two 4-bed student cluster flats (C4) on upper floors for Mr Stephen Wilkinson

Castle Ward

   A

 

It was proposed by Councillor Sylvia Rogerson 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 3 year timescale.

2.

Amended plans.

3.

Programme of archaeological investigation, recording and analysis.

4.

Scheme for noise mitigation including mechanical ventilation.

5.

Materials – details and samples including stonework, render, doors and windows, roofing material, ridge, verge and eaves details, window surrounds, rainwater goods, materials for cycle store, any external surfacing material, all means of enclosure, external lighting, details of shopfronts.

6.

Provision of bike and bin store.

7.

Student accommodation restriction.

 

Councillors Dave Brookes and Tim Hamilton-Cox returned to the meeting at this point.

160.

Land North Of Ashford House, Ashton Road, Lancaster pdf icon PDF 190 KB

Erection of a detached dwelling (C3) and associated access for Miss Emma Wilson

Minutes:

A8

17/00006/FUL

Erection of a detached dwelling (C3) and associated access for Miss Emma Wilson

Scotforth West Ward

   R

 

It was proposed by Councillor Eileen Blamire and seconded by Councillor Mel Guilding:

 

“That the application be refused.”

 

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 refused for the following reasons:

 

1.

The proposal seeks to develop a new dwelling within areas designated as Key Urban Landscape and Urban Greenspace as defined within the development plan which seek to safeguard these areas of land, protecting natural features and only supporting development that preserves the open nature of the area and the character and appearance of its surroundings. Whilst limited expansion of existing uses will be permitted for exceptional essential educational and community related facilities the submission has failed to propose a development, by reason of its scale, location and form, that safeguards and preserves the open nature and landscape value of the area to the detriment the character and appearance of the area. As such the proposal is considered to be contrary to saved policies E4, E29 and E31 of the Lancaster District local Plan, policy SC5 of the Core Strategy, and policies DM28 and DM35 of the Lancaster District Development Management DPD and Section 7 of the National Planning Policy Framework.

 

2.

The proposal seeks to develop a rural enterprise dwelling to support the neighbouring Canal Bank Stables. In the opinion of the local planning authority the proposal as submitted fails to fully consider or demonstrate a functional need for the dwelling. The development is therefore considered to be contrary to Policy DM43 (and Appendix C) of the Development Management DPD and the provisions of the National Planning Policy Framework, in particular paragraph 55.

 

 

 

Councillor Claire Cozler left the meeting at this point and returned during the Officer presentation of item A10.

161.

Land East Of Railway Line, St Michaels Lane, Bolton Le Sands pdf icon PDF 225 KB

Variation of legal agreement attached to planning permission 15/01167/FUL to vary the affordable housing provision for Mr Gary Middlebrook

Minutes:

A9

16/01487/VLA

Variation of legal agreement attached to planning permission 15/01167/FUL to vary the affordable housing provision for Mr Gary Middlebrook

Bolton and Slyne Ward

   D

 

This application was deferred for consideration at a future meeting.

162.

Land Bounded By, Chatsworth Road, Albert Road, Balmoral Road And Regent Road, Morecambe pdf icon PDF 380 KB

Refurbishment and conversion of nos. 38, 42, 50, 54 and 56 Chatsworth Road, nos. 76 and 82, 84 and 86 Regent Road, nos. 51 to 57 (odds only), 61, 67 and 69 Balmoral Road and nos. 79 to 87 (odds only) and 91 Albert Road comprising selective demolition, selective reconfiguration of internal floor spaces, selective elevational alterations including installation of rear balconies, and selective changes of use from houses in multiple occupation (C4), hotel/guesthouses (C1) and retail unit (A1) to provide 1 letting office (A2) and 45 residential houses, apartments and duplexes (C3) with associated landscaping and installation of gates for Mr David Lynch

Minutes:

A10

17/00022/FUL

Refurbishment and conversion of nos. 38, 42, 50, 54 and 56 Chatsworth Road, nos. 76 and 82, 84 and 86 Regent Road, nos. 51 to 57 (odds only), 61, 67 and 69 Balmoral Road and nos. 79 to 87 (odds only) and 91 Albert Road comprising selective demolition, selective reconfiguration of internal floor spaces, selective elevational alterations including installation of rear balconies, and selective changes of use from houses in multiple occupation (C4), hotel/guesthouses (C1) and retail unit (A1) to provide 1 letting office (A2) and 45 residential houses, apartments and duplexes (C3) with associated landscaping and installation of gates for Mr David Lynch

Harbour Ward

   A

 

It was proposed by Councillor June Ashworth 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.

Standard timescale.

2.

Development in accordance with listed plans.

3

Tree Protection Plan and Tree Works Schedule.

4.

Detailed landscaping scheme including tree planting, external lighting and maintenance.

5.

Scheme to ensure adequate security.

6.

Materials in accordance with proposed material palette document.

7.

Provision and retention of privacy screens to balconies.

8.

Hours of construction.

 

163.

Marshrange, Castle Park, Lancaster pdf icon PDF 248 KB

Change of use of ancillary annexe building to use as holiday accommodation for Mr Gary Rycroft

Minutes:

A11

17/00094/CU

Change of use of ancillary annexe building to use as holiday accommodation for Mr Gary Rycroft

Castle Ward

   A

 

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, 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 approved plan.

3.

Holiday occupancy.

4.

Ancillary to main use of Marshrange.

5.

Duration of stay.

 

164.

Salt Ayre Sports Centre, Doris Henderson Way, Heaton With Oxcliffe pdf icon PDF 146 KB

Erection of an extension, alterations to the main entrance and construction of a jump tower with a briefing cabin (pursuant to the variation of conditions 2 and 3 on planning permission 16/00552/FUL to amend the proposed extension elevations with the addition of louvres) for Suzzane Lodge

Minutes:

A12

17/00181/VCN

Erection of an extension, alterations to the main entrance and construction of a jump tower with a briefing cabin (pursuant to the variation of conditions 2 and 3 on planning permission 16/00552/FUL to amend the proposed extension elevations with the addition of louvres) for Suzanne Lodge

Skerton West Ward

   A

 

It was proposed by Councillor Robert Redfern and seconded by Councillor Dave Brookes:

 

“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 Variation of Condition Planning Permission be granted subject to the following conditions:

 

1.

Development to be carried out in accordance to approved and amended plans and details.

2.

Materials to match – brickwork of extension.

3.

Hours of construction 08.00-18.00 Mon-Fri, 08.00-14.00 Sat.

4.

Floodlight Hours 08:00-22:00.

 

Councillor Robert Redfern left the room at this point and did not return to the meeting.

165.

Delegated Planning Decisions pdf icon PDF 257 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.