Agenda and minutes

At the meeting of the Planning and Highways Regulatory Committee held on 23^rd May, 2005, Members had requested that a Site Visit be held in respect of the following applications:-

05/00375/FUL  A9        39 Lindeth Road, Silverdale.                   Silverdale

                                    Erection of one dwelling on land

                                    to rear for B.Lisle and S.M. Murray.

05/00333/FUL  A14      60 Marine Drive, Slyne with Hest.    Slyne with Hest

                                    Erection of a two storey side

                                    Extension for Mr & Mrs J. Hughes.

The following Members were present at the Site Visit, which took place on Monday 20^th June, 2005:-

Councillors Roger Sherlock (Chairman), Pat Quinton, Sheila Denwood, Maggie Chadwick, Abbott Bryning, Keith Budden, Sylvia Rogerson, Kenneth Brown, Mike Greenall.

Officers in attendance:-

Andrew Roe and Peter Rivet – Planning and Building Control Services

Jenny Kay – Administration Services

The Minutes of the meeting held on 23^rd May, 2005 were signed by the Chairman as a correct record. 

The Chairman has agreed to include the following item of Urgent Business. 

05/00701/FUL  5 Hawthorn Close, Brookhouse.

Erection of a conservatory to rear for Mr & Mrs Langhorn.

The Chairman advised Members that he had agreed to an item of Urgent Business to be considered at the meeting – Planning Application 05/00701/FUL.  The reason for urgency was that this application needed a decision prior to the next meeting and the  Chairman informed Members that this would be the first item on the agenda.

The Chairman also notified Members that he had agreed that Planning Application 05/00375/FUL would be brought forward on the agenda and heard after the item of Urgent Business.

The Head of Planning and Building Control Services submitted a Schedule of planning applications and his recommendations thereon.

Resolved:-

(1)               That the applications be determined as indicated below (the numbers denote the Schedule numbers of the applications).

(2)               That, except where stated below, the applications be subject to the relevant conditions and advice notes, as outlined in the Schedule.

(3)               That, except where stated below, the reasons for refusal be those as outlined in the Schedule.

(a)        Schedule 1

NOTE

A                      -            Approved

R                     -            Rejected

D                     -            Deferred

A (C)                -            Approved with additional conditions

A (P)                -            Approved in principle

A (106)            -            Approved following completion of a Section 106 Agreement

W                    -            Withdrawn

NO                   -            No Objections

O                     -            Objections

Councillors Day and Quinton declared personal and prejudicial interests in respect of the following item, left the room during consideration thereof and did not vote on the application.)

Item            Application               Proposal and                                    Ward               Decision

            No.                              Applicant

05/00701/FUL             Erection of a conservatory to                     CATON          A

                                    rear for Mr & Mrs Langhorn.             

APPLICATIONS SUBJECT TO PUBLIC PARTICIPATION

(Under the scheme of public participation Mr Norman Spenley addressed the Committee as an objector to the following application.  Mr Lisle, as applicant, reiterated his support for the application.)

Item            Application            Proposal and Applicant                    Ward               Decision

            No.

Erection of one dwelling on land to rear for B. Lisle and S. M. Murray.

05/00375/FUL A9            Erection of one dwelling on land            Silverdale       A(C)

                                    to rear for B. Lisle and S. M. Murray.

The main objections as raised by Mr Spenley were detailed as follows:-

·         The outline planning permission in 2002 was for a two bedroom cottage – this proposal is for 5 bedrooms.

·         In Mr Spenley’s opinion, the discrepancies outlined in April 2005 have not been included in the summary document.

·         The number of objections has increased.

·         Mr Spenley expressed his concerns with regard to access and parking.  As this was now a 5 bedroom development the number of cars accessing the property would increase and there would be an increase in traffic.

·         Members were advised that in his capacity as a Councillor at Warrington, Mr Spenley had never come across a recommendation for approval which was so inconsistent and stretched planning regulations.

·         If this development was allowed to proceed it would be setting a precedent for future developers.

Mr Lisle, as applicant, reiterated his support for the application as follows:_

• The application had been resubmitted to accommodate the needs of the applicant’s disabled son, who was reliant on total care.  The bungalow design needed to take into account the need for wider doors and openings.
• The development was policy compliant with regard to access for disabled people.
• There were excellent facilities in Silverdale for his son including Bleasdale School and he would be able to enjoy the facilities at Beaumont College, Lancaster in later years.
• In Mr Lisle’s opinion the development would not cause any traffic problems and he did not regard the access issue as a problem.

It was proposed by Councillor Blamire and seconded by Councillor Quinton:-

“That planning permission be granted.”

Upon being put to the vote, 19 Members voted in favour of the proposal and 1 Member abstained, whereupon the Chairman declared the proposal to be carried.

The application was therefore approved, subject to the following conditions (suitably worded.)

(1)            Existing boundary fence to the northern site boundary to be reduced to 1.8m

      and dark stained.

(2)            Eastern boundary (to limestone pavement) to be left unfenced.  Any      proposals to demark this boundary to be approved by LPA.

Change of Use of single dwelling to form two dwellings, including erection of an extension to the side for Mr G. Rigby.

(Under the scheme of public participation Vivien Williams addressed the Committee as an objector to the following application.)

Item            Application               Proposal and                                    Ward               Decision 

            No.                              Applicant

A10            05/00647/CU              Change of use of single            Harbour           R

                                                dwelling to form two

                                                dwellings, including erection

                                                of an extension to the side

                                                for Mr G. Rigby.

The main objections raised by Mrs Williams were as follows:_

• The proposed development was aggressive and an over-development of the plot which would dwarf her garden.
• She lived on a main road with two young children whose play area was their garden.  This development would rob her of any privacy and light and blight the outside area.
• She had bought the property 12 years ago knowing it was a fully-developed area and had no idea she would face this prospect.
• The proposed development would benefit no one within the local area.  The area was not in need of regeneration and the proposal would not improve the aesthetics of the area.

It was proposed by Councillor Chapman and seconded by Councillor Budden:-

“That the application be refused.”

Upon being put to the vote, 15 Members voted in favour of the proposition, 3 voted against and 2 Members abstained, whereupon the Chairman declared the proposal to be carried.

  (Under the scheme of public participation June Fawcett, Marie Hewitt , Jean Ann Naylor and JAC Beeson addressed the Committee as an objector to the following application.  In accordance with the Council’s Constitution, Councillor Airey, as Ward Councillor, also addressed the Committee on the following application.)

Item            Application            Proposal and Applicant                    Ward               Decision

            No.

Change of Use and conversion of east wing to form separate dwelling and alterations to porch to side for Mr J. Vass.

The main observations raised by June Fawcett were as follows:-

• Ms Fawcett advised Members of the dismay and concern expressed at a recent Parish Council meeting with regard to the change of use of Melling Hall.
• She had lived in Melling for almost 40 years, the first 16 of which she had lived opposite the hotel and was well aware of it as a focus for social life.
• She stressed the impact of closure on the community and regarded the hotel as a neutral and welcoming environment, a place for social interaction.
• With the closure of the hotel/licensed premises there was no public place to provide refreshment and nowhere to provide hospitality to newcomers and visitors.
• Young people find the village dead and everyone misses the opportunity to walk to the local pub.
• Something very important had gone.

The main objections raised by Marie Hewitt were as follows:-

• Ms Hewitt was a newcomer to the village and on viewing her house had been given the impression that Melling Hall was a pivotal part of village life.
• She had lived there for 2 years now and it was apparent that village life had diminished.
• The Hall had been used by many groups for various occasions and was spoken off with great affection.

The main objections raised by Jean Ann Naylor were as follows:-

• When Ms Naylor was formerly clerk to the Parish Council, the Council had voted against the change of use of this site in 2003.
• In her opinion the then applicant had submitted ‘lies.’
• The appeal had granted permission for two dwellings and 1 had been implemented.  In her opinion the owners had blocked off a third property without permission.
• Planning Officers had not carried out an archaeological survey.
• The proposed amendments were radically different and gave cause for alarm.
• In her opinion the full picture had never been presented.
• Ms Naylor urged Members not to vote for the interests of one family but to stick with policy and principles as expected of a democratically elected Planning Committee.

The main points expressed by Mr JAC Beeson were as follows:-

• Less than 2 years ago the planning application was rejected but the Planning Inspector had overturned the decision.
• The building was now divided into 3 parts and the Officers report had been altered.
• If the Central unit was self-contained the east and west units should be also but permission had only been given for 2 dwellings.
• In his opinion, the application was an acknowledgment that neither the Officers nor the applicant believed approval was needed for the east wing.
• He had been advised that if there was a ‘void’ it would have to revert back to previous use.
• The application should have been a change of use from food establishment.
• The speakers today and those who have attended Parish meetings etc. have shown the demand for a food and drink establishment.  The vital importance of food and drink establishments to village communities was recognised.

The main observations raised by Councillor  ...  view the full minutes text for item 24.

Item            Application            Proposal and Applicant                    Ward               Decision 

            No.

Demolition of storage unit and garages and erection of new office building to provide 4335 sqm accommodation for LPN Ltd.

05/00428/FUL  A23            Demolition of storage unit and            Bulk Ward               D

                                    garages and erection of new

                                    office building to provide 4335 sqm

                                    accommodation for LPN Ltd.

The main observations raised by Mr Rutherford, Solicitor were as follows:-

·         Mr Rutherford was expressing the concerns of Bulk Road residents.

·         Whilst the development had been scaled down it was still, in the opinion of local residents, an over-development which would block out the view from the rear of their properties and compromise their light.

·         Many of the residents were elderly.

·         There were concerns over parking provision which was inadequate and would put further pressure on the roads.

·         It was felt that such a development would encourage the gathering of youths and this would be intensified by the creation of an alley-like area.

·         Residents believed that their quality of life would deteriorate if the rear of the office block degenerated in a similar way to Comets and Halfords and was subjected to graffiti, vandalism and arson.

·         If the Council permitted the development it should be scaled down with proper landscaping and security gates to protect the residents and allay their fears.

·         Concern was also expressed with regard to the stability of the properties which could be affected by the removal of quantities of earth and Mr Rutherford had sought the advice of engineers.

·         Mr Rutherford asked Members to consider Councillor Whitelegg’s letter of 23^rd June, 2005 which had been circulated prior to the meeting.

It was proposed by Councillor Budden and seconded by Councillor Greenall:

“That the matter be deferred to enable Officers to give greater consideration to car parking arrangements, access, ownership of the alleyway entrances, the extensive excavation works and a Green Travel Plan.

(Councillors broke for lunch at 12.55pm.  The meeting resumed at 1.30pm.

Councillor Chadwick left the meeting.)

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

(With the approval of the Chairman the following two items were moved up the agenda.)

Item             Application            Proposal and Applicant                    Ward               Decision

            No.

Erection of a two storey side extension for Mr and Mrs J. Hughes.

05/00333/FUL            A14            Erection of a two storey side                  Slyne-with-    A(C) 

                                    extension for Mr & Mrs J. Hughes.            Hest

It was proposed by Councillor Rogerson and seconded by Councillor Helme:-

“That planning permission be refused.”

Upon being put to the vote, 6 Members voted in favour of the proposal, 11 against and 2 Members abstained, whereupon the Chairman declared the proposal to be lost.

It was proposed by Councillor Blamire and seconded by Councillor Quinton:-

“That planning permission be granted.”

Upon being put to the vote, 11 Members voted in favour of the proposal, 6 against and 2 abstained, whereupon the Chairman declared the proposal to be carried.

Approved, subject to the following additional conditions:-

(1)               Amended plan excluding the back door at the end of the property.

(2)               Removal of permitted development rights to insert new windows/doors at the side without planning permission.

(3)               Ensure render on extension is white to match the existing and maximise light.

Siting of a sculpture for Mr S. Johnstone.

05/00633/FUL A15      Siting of a sculpture for Mr S.                      Bare                            A

                                    Johnstone.

The main observations raised by Councillor Bray were as follows:-

• The content of the sculpture bore no relation to Morecambe at all.
• The sculpture was originally designed for St. George’s Quay, Lancaster with the help of young women from Rylands and depicted the Romans and working class women of Lancaster.  If it was more in keeping with the TERN project it might be more acceptable.
• If it was not good enough to Lancaster it is not good enough for Morecambe.
• The ideal place would be on the revamped Rylands Estate.
• Since the proposed site is on Council land who would be responsible for any safety aspects and insurance.  Children are likely to climb it and fall off.
• If is located temporarily and then moved to another site who will pay for the removal and making good.

It was proposed by Councillor Ashworth and seconded by Councillor Kerr:-

“That planning permission be refused.”

Upon being put to the vote, 7 Members voted in favour of the proposal, 10 against and 2 Members abstained, whereupon the Chairman declared the proposal to be lost.

It was proposed by Councillor Chapman and seconded by Councillor Coates:-

“That planning permission be granted.”

Upon being put to the vote, 10 Members voted in favour of the proposal, 7 against and 2 Members abstained, whereupon the Chairman declared the proposal to be carried.

Erection of 37 apartments for

Rowland Homes Ltd.

05/00591/FUL A5            Erection of 37 apartments for                        Heysham       A(C)

                                    Rowland Homes Ltd.                                    Central

Approved, subject to communal parking as requested by County Highways. 

Item            Application            Proposal and Applicant                    Ward               Decision 

            No.

Erection of a row of 7 terraced houses for MMW Projects Ltd.

05/00605/FUL A6            Erection of a row of 7 terraced             Poulton          A(C)

                                    houses for MMW Projects Ltd.             

Approved, subject to an amendment of condition 2, precise details of the car and access/visibility to be agreed.

Demolition of premises at 196, change of use of dental surgery to 3 flats at 194 and erection of 7 new flats with retail unit to the ground floor of 196 for Mr S Wojciechowicz.

05/00604/FUL A7            Demolition of premises at 196,            Poulton          R

                                    change of use of dental surgery to

                                    3 flats at 194 and erection of 7 new

                                    flats with retail unit to the ground

                                    floor of 196 for Mr S. Wojciechowicz. 

(Councillor Quinton declared a personal and prejudicial interest in the following item, left the room during discussion thereof and did not vote on the application.  Mr Dobson declared a personal interest in the following item.)  

Item            Application            Proposal and Applicant                    Ward               Decision

            No.

Construct disabled parking area and turning area, retaining wall, limestone infill and terram geotextile and vehicle barrier for English Nature.

05/00654/FUL A8            Construct disabled parking area             Silverdale       A(C)

                                    and turning area, retaining wall,

                                    limestone infill and terram geo-

                                    textile and vehicular barrier

                                    for English Nature. 

Approved subject to details of the means of controlling the use of the gate to be agreed and access to be limited to disabled users only.

Outline application for residential development for Mr D. Coxon.

05/00533/OUT A11      Outline application for residential            Bolton-le-        R

                                    development for Mr D. Coxon.            Sands

Refused, with an additional reason for refusal being the loss of a valuable area of greenspace within the village, contrary to policy H7 of the Local Plan. 

Item            Application            Proposal and Applicant                    Ward               Decision 

            No.

Change of Use of footpath to form garden area and closure of footpath for Mr P. Heartwell and Mr J. Dring.

05/00674/CU A12            Change of use of footpath to form            Harbour           A

                                    garden area and closure of footpath

                                    for Mr P. Heartwell and Mr J. Dring. 

Outline application for mixed use development incorporating industrial B1-B8 uses, a DIY Retail warehouse with ancillary garden centre, builders yard and associated works for Prime Sites UK and Consolidated Property.

05/00047/OUT A13      Outline application for mixed use            Overton          D

                                    development incorporating industrial 

                                    B1-B8 uses, a DIY Retail warehouse

                                    with ancillary garden centre, builders

                                    yard and associated works for Prime

                                    Sites UK and Consolidated Property.

It was proposed by Councillor Blamire and seconded by Councilllor Day:-

“That the application be deferred to enable further highways submissions to be assessed by County Highways.”

Upon being put to the vote, Members voted unanimously in favour of the proposal, whereupon the Chairman declared the proposal to be carried.

 Item            Application            Proposal and Applicant                    Ward               Decision 

            No.

Change of Use of land adjacent to create new adventure golf course for Happy Mount Park Catering Ltd.

05/00261/FUL A16            Change of use of land adjacent            Bare                A(C)

                                    to create new adventure golf

                                    course for Happy Mount Park

                                    Catering Ltd.

Approved, subject to an amendment to the description from ‘change of use’ to ‘operational development to create new adventure golf course.” 

Change of Use to three maisonettes for Ms C. Lemmer.

05/00640/CU A17            Change of use to three                Heysham       A(C)

                                    maisonettes for Ms. C. Lemmer.            North

The application was approved, subject to the following additional conditions (suitably worded.)

(1)               Precise details of bin storage arrangements to be agreed.

(2)               Hours of work during construction period to be agreed.

  Item            Application            Proposal and Applicant                    Ward               Decision 

            No.

Removal of existing bungalow and erection of new two storey house with first floor accommodation located in roof space for Mr C. Colbourne.

05/00670/FUL A18            Removal of existing bungalow and            Ellel                 A(C)

                                    erection of new two storey house

                                    with first floor accommodation

                                    located in roof space for Mr C.

                                    Colbourne.

The application was approved subject to agreement of hours of working during construction period. 

Demolition of single storey and two storey garages and erection of a three storey residential development comprising two houses and seven flats for YMCA Lancaster and District.

05/00560/FUL A20            Demolition of single storey and             Duke’s             A(C)

                                    two storey garages and erection

                                    of a three storey residential

                                    development comprising two

                                    houses and seven flats for

                                    YMCA Lancaster and District.

Approved, subject to the following additional conditions requested by the Conservation Officer:-

(1)               Natural stone quoins, string courses and door/window surrounds

(2)               Details of stonework, coursing and pointing.

(3)               Amend condition 4 to include details of metal gates, sliding sash windows, eaves, verges and ridge details to be agreed. 

Listed Building Application for demolition of one and two storey garage buildings and erection of two houses and seven flats for YMCA Lancaster and District.

05/00552/LB A21      Listed Building Application for            Duke’s             A

                                    demolition of one and two storey

                                    garage buildings and erection of

                                    two houses and seven flats for

                                    YMCA Lancaster and District. 

Application to regularise retention of windows and door in southern elevation, erection of screen wall and fence and disabled access and addition of balcony to western elevation for Mr and Mrs H. G. Maskrey.

05/00559/FUL A22            Application for regularise retention            Heysham       R

                                    of windows and door in southern            Central

                                    elevation, erection of screen wall

                                    and fence and disabled access

                                    and addition of balcony to western

                                    elevation for Mr and Mrs H.G.

                                    Maskrey. 

   Item            Application            Proposal and Applicant                    Ward               Decision 

            No.

Outline application for catogory 2 and low cost housing comprising 16 three bedroom units, 20 two bedroom units and 8 one bedroom units with associated external works and improvement works for Mr J. Critchley.

05/00419/OUT A24      Outline application for category 2            Skerton          R

                                    and low cost housing comprising            East

                                    16 three bedroom units, 20 two

                                    bedroom units and 8 one bedroom

                                    units with associated extra works

                                    for Mr J. Critchley.

(Councillor Robinson declared a personal and prejudicial interest in the following two items, left the room during consideration thereof and did not vote on the applications.  Councillor Woodruff declared a personal interest in the following two items and remained in the room during discussion thereof.)  

  Item            Application            Proposal and Applicant                    Ward               Decision 

            No.

Change of Use of land to car parking and conversion of disused workshop into offices at freestanding stone building(former workshop) for Time and Tide Homes Ltd.

05/00376/CU            A25            Change of use of land to car                   Halton-with      A

                                    parking and conversion of             Aughton

                                    disused workshop into offices

                                    at freestanding stone building

                                    (former workshop) for Time

                                    and Tide Homes Ltd. 

Erection of two new B1/B2 commercial units for Time and Tide Homes Ltd.

05/00562/REM A26            Erection of two new B1/B2             Halton-with      A(P)

                                    commercial units for Time                Aughton

                                    and Tide Homes Ltd. 

The application was approved in principle, subject to 106 agreement and agreement over design of industrial units, and delegated to the Head of Planning and Building Control Services.  The following conditions were added at the request of the Environmental Health Officer:-

(1)               Noise assessment required.

(2)               Hours of working during construction to be agreed.

(3)               Hours of use for business premises to be agreed to minimise residential impact.

Erection of 139 apartments, public house/cafe (A3 Use), office accommodation (B1 Use) and associated parking for Merewood Group Ltd.

05/00848/FUL A27            Erection of 139 apartments, public   Duke’s             A(106)

                                    house/café (A3 Use), office

                                    accommodation (B1 Use) and

                                    associated parking for Merewood

                                    Group Ltd.

The proposal was approved subject to completion of a Section 106 agreement, provision of canal moorings to Section 106 requirements, and the following conditions requested by the Environmental Health Officer:-

(1)               Hours of working during construction period to be agreed.

(2)               Air quality management measures to be agreed.

(3)               Details of measures to control odour to be agreed.

(4)               No hot food takeaway use from pub/café (now A3/A4). 

Proposals for Development by a District Council 

  Item            Application            Proposal and Applicant                    Ward               Decision 

            No.

Change of Use of land and erection of single storey extension to side to provide two bedrooms, bathroom and kitchen for children with severe disabilities.

05/00639/FUL A28            Change of use of land and erection            Westgate       A

                                    of single storey extension to side to

                                    provide two bedrooms, bathroom and

                                    kitchen for children with severe

                                    disabilities. 

Amendment to previously approved application 04/01528/DPA for erection of memorial public art piece for Lancaster City Council.

05/00596/DPA A29            Amendment to previously                    Castle              A

                                    approved application 04/01528/

                                    DPA for erection of memorial

                                    Public art piece for Lancaster

                                    City Council.

   Item            Application            Proposal and Applicant                    Ward               Decision 

            No.

Change of Use of ground floor flat into temporary office accommodation for a period of 12 months for Lancaster City Council.

05/00540/DPA A30            Change of use of ground floor            Harbour           A

                                    flat into temporary office

                                    accommodation for a period

                                    of 12 months for Lancaster

                                    City Council. 

Change of Use from Citizens Advice Bureau to dwelling for Lancaster City Council.

05/00729/DPA A31            Change of use from Citizens                       Skerton          A

                                    Advice Bureau to dwelling for                  West

                                    Lancaster City Council. 

The Head of Planning and Building Control Services submitted a Schedule of Planning Applications dealt with under the Scheme of Delegation of Planning Functions to Officers.  Officers were advised that application 05/00465/CU in connection with 81/83 Regent Road, Morecambe should read application refused.

Resolved:_

That the report be noted.

Members considered a report of the Head of Planning and Building Control Services which detailed the current situation regarding Planning Appeals made against the Council.

Resolved:-

That the report be noted. 

The Head of Legal Services submitted a report which advised Members of the present position with regard to enforcements being served by the Council.

Resolved:- 

That the report be noted.