Agenda and minutes

Planning Regulatory Committee - Monday, 27th July 2015 10.30 a.m.

Venue: Lancaster Town Hall

Contact: Sarah Moorghen, Democratic Services: telephone (01524) 582132 or email  smoorghen@lancaster.gov.uk 

Items
No. Item

38.

Minutes

Minutes of meeting held on 5 June 2015 (previously circulated).

Minutes:

The minutes of the meeting held on 29th June 2015 were signed by the Chairman as a correct record.

39.

Items of Urgent Business authorised by the Chairman

Minutes:

There were no items of urgent business.

40.

SITE VISIT

Minutes:

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

 

A6        15/00096/FUL             Land Adjacent to JE Clarke,                Upper Lune  

                                               Agricultural Buidings, Melling              Valley ward

                                                Road, Melling.            

 

The following members were present at the site visit, which took place on Monday 20th July 2015;

 

Councillors Roger Sherlock (Chairman), Mel Guilding, Malcolm Thomas and Peter Yates.

 

Officers in Attendance:

 

Andrew Drummond    -           Development Manager (Planning Applications)

Sarah Moorghen         -           Democratic Support Officer

 

41.

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 10 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:

There were no declarations of interest.

APPLICATIONS SUBJECT TO PUBLIC PARTICIPATION

42.

Land South of, Low Road, Halton pdf icon PDF 422 KB

Outline application for the development of 60 dwellings with associated access for Mr F Towers

Minutes:

A5

14/01344/OUT

Outline application for the development of 60 dwellings with associated access for Mr F Towers

Halton-with-Aughton Ward

A(C)

 

Under the scheme of public participation, Guy Anderson, Gordon Douglas, Sarah MacIntosh, John Toder, Chris Knowles and Paul Hartley spoke in opposition to the application. Councillor Paul Woodruff spoke as Ward Councillor in opposition to the application.

 

It was proposed by Councillor Brookes and seconded by Councillor Charles:

 

“That the application be refused.”

 

Upon being put to the vote, 7 Members voted in favour of the proposition and 7 against with 1 abstention, whereupon the Chairman, in accordance with Council Procedure Rule 19.2, used his casting vote and declared the proposal to be lost by virtue of his casting vote.

 

It was proposed by Councillor Sherlock and seconded by Councillor Denwood:

 

“That the application be approved.”

 

Upon being put to the vote, 7 Members voted in favour of the proposition and 7 against with 1 abstention, whereupon the Chairman, in accordance with Council Procedure Rule 19.2, used his casting vote and declared the proposal to be carried by virtue of his casting vote.

 

Resolved:

 

That Outline Planning Permission be granted subject to the signing/completing of a s106 agreement to cover the following planning obligations:

 

·      40% provision of affordable housing (percentage, tenure, size, type, phasing to be agreed at Reserved Matters stage based on local housing needs and viability).

·      Open space provision and ongoing maintenance arrangements.

·      Education Contribution.

 

and subject to the following planning conditions, as set out in the case officers report, with amendments to conditions 5 (creating a new condition 6), and conditions 7, 9, 10 and 14 as renumbered:

 

1.

Standard outline condition with all matters reserved except access.

 

2.

Drawings illustrative only.

 

3.

Access details.

 

4.

Off-site highway works.

 

5.

6.

Scheme for the disposal of foul water drainage.

Scheme for surface water drainage.

 

7.

Implementation of SuDS and ongoing maintenance/management for the lifetime of the development.

 

8.

Submission of an external lighting scheme, designed to minimise impact on bats.

 

9.

Landscape and Ecology Management Plan incorporating a landscaping scheme, landscaping management and a scheme for compensation of habitat loss/wildlife buffer.

 

10.

Ecology mitigation measures including bird and bat boxes (including need for updated species and habitat surveys on any subsequent full or reserved matters applications, measures to prevent pollution of river during construction and timing in relation to nesting birds, survey for invasive species).

 

11.

Arboricultural Method Statement.

 

12.

Submission of a tree protection plan.

 

13.

Finished floor and site levels.

 

14.

Construction Management Scheme – also including wheel cleaning, dust control, hours of construction.

 

15.

Contaminated land condition (suitably worded) as per Preliminary Risk assessment.

 

16.

Standard condition - Importation of soil, materials and hardcore.

 

 

43.

Land Adjacent to J E Clarke, Agricultural Buildings, Melling Road, Melling pdf icon PDF 259 KB

Erection of an agricultural workers dwelling with creation of access and raised patio area for JE and AC Clarke

Minutes:

A6

15/00096/FUL

Erection of an agricultural workers dwelling with creation of access and raised patio area for JE and AC Clarke

Upper Lune Valley Ward

A(C)

 

Under the scheme of public participation, Councillor Peter Williamson spoke as Ward Councillor in support of the application.

 

It was proposed by Councillor Helme and seconded by Councillor Brookes:

 

“That the application be approved.”

 

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

 

Upon being put to the vote, 12 Members voted in favour of the proposition and 2 against with 1 abstention, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That the Planning Permission be granted subject to a unilateral undertaking tying the house to the business and the following conditions:

 

1.         Standard 3 year timescale.

2.         Listed of approved (amended) plans.

3.         Off site highway works.

4.         Tree Protection Plan.

5.         Tree Works Schedule and Arboricultural Method Statement.

6.         Landscaping scheme and maintenance.

7.         Finished flood levels.

8.         Materials, including elevations and surfaces.

9.         Boundary treatments.

10.      Visibility splays.

11.      Removal of PD rights.

12.      Unforeseen contamination.

13.      Foul drainage system.

 

 

The meeting adjourned at 12.40pm

 

The meeting reconvened at 1.10pm

44.

Pharmacy, Heysham Health Centre, Middleton Way, Heysham pdf icon PDF 253 KB

Change of use of pharmacy (D1) to foodstore (A1), recladding existing elevations, erection of an extension to the front and side elevations, creation of additional parking and associated landscaping works for ML (Heysham) Limited

Minutes:

A7

15/00294/CU

Change of use of pharmacy (D1) to foodstore (A1), recladding existing elevations, erection of an extension to the front and side elevations, creation of additional parking and associated landscaping works for ML (Heysham) Limited

Heysham South Ward

A(C)

 

Under the scheme of public participation, Kathleen Broadhead spoke in opposition to the application. Matthew Sobic, Agent, spoke in support of the application and Councillor Colin Hartley spoke as Ward Councillor in opposition to the application.

 

It was proposed by Councillor Helme and seconded by Councillor Redfern:

 

“That the application be approved.”

 

Upon being put to the vote, 12 Members voted in favour of the proposition and 2 against with 1 abstention, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That Planning Permission be granted subject to the following conditions as set out in the case officers report, with amendments to condition 3 (creating an additional condition 4) and conditions 5, 11 and 14 as renumbered:

 

1.

Standard time condition.

2.

In accordance with amended plans.

3.

 

4.

Scheme for offsite highway works including improvement of existing bus stops facilities.

Review of existing Traffic Regulation Orders along the frontage of the site with Middleton Way, implementation of pedestrian refuge provision, alteration of Middleton Way carriageway centre line markings in the vicinity of the sites point of access, removal of pedestrian guard rail.

5.

Details of materials.

6.

Details of bin store to include customer bins within the carpark.

7.

Details of cycle stands.

8.

Lighting details (notwithstanding plans).

9.

The development shall be carried out in accordance with the submitted Arboricultural Implications Assessment and Arboriculture Method Statement.

10.

Access, parking, turning and bike stands provided prior to first use/trading.

11.

Landscaping scheme implemented to include maintenance regime.

12.

Hours of construction.

13.

Protection of visibility splays.

14.

Hours of deliveries – 0730 and 1900 Monday to Saturday and 1000 to 1600 Sundays and Public Holidays.

15.

 

 

 

 

16.

Opening hours - 0700 to 2200 Monday – Saturday and 1000 to 1800 Sundays and Public Holidays.

 

And subject to the following additional condition (suitably worded):

 

Plant noise.

 

 

45.

Woodburn Farm, 52 Low Road, Middleton pdf icon PDF 248 KB

Outline application for the demolition of existing farm buildings and erection of 9 dwellings for Mr and Mrs W, Mr and Mrs P, Mr and Mrs F and Mr J Mashiter

Minutes:

A8

15/00238/OUT

Outline application for the demolition of existing farm buildings and erection of 9 dwellings for Mr and Mrs W, Mr and Mrs P, Mr and Mrs F and Mr J Mashiter

Overton

A(C)

 

Under the scheme of public participation, Councillor Andrew Gardiner spoke as Ward Councillor in support of the application.

 

It was proposed by Councillor Helme and seconded by Councillor Brookes:

 

“That the application be approved.”

 

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

 

Upon being put to the vote, 8 Members voted in favour of the proposition and 6 against with 1 abstention, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That the planning permission be granted subject to the following conditions:

 

  1. Standard outline condition timescale (all matters reserved).
  2. Drawings illustrative only.
  3. Demolition method statement.
  4. Bat survey.
  5. Contamination.
  6. Hours of work.
  7. Tree protection plan.
  8. Arboricultural Impact Assessment.
  9. Flood mitigation measures.
  10. Finished floor levels.
  11. Foul and surface water drainage systems, and management.

 

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

46.

Grasscroft, Borwick Avenue, Warton pdf icon PDF 351 KB

Erection of three dwellings with garages and associated access and landscaping for Mr Julian Stainton

Minutes:

A9

15/00425/FUL

Erection of three dwellings with garages and associated access and landscaping for Mr Julian Stainton

Warton

A

 

It was proposed by Councillor Redfern and seconded by Councillor Denwood:

 

“That the application be approved.”

 

Upon being put to the vote, 13 Members voted in favour of the proposition with 2 abstentions, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That Planning Permission be granted subject to the following conditions as set out in the case officer’s report:

 

1.

Standard 3 year timescale.

2.

Development to be completed in accordance with the approved plans.

3.

Amended plans received 26 June 2015.

4.

Parking areas to be provide and maintained.

5.

Submission agreement and implementation of a detailed Arboriculture Implications Assessment.

6.

No tree/hedges to be felled other than those agreed.

7.

Landscaping/planting scheme to be submitted, agreed and implemented.

8.

The hedgerow boundary to Borwick Avenue shall be retained at it current height of 2.0m unless otherwise agreed.

9.

Details/samples of all external materials to be submitted and agreed.

10.

Details of all boundaries including internal plot boundaries to be agreed.

11.

Details of construction and finish to windows and doors.

12.

Details of rainwater goods, eaves and fascia.

13.

Implementation of off-site highway works (white-lining) to be undertaken prior to occupation of the development.

14.

The use of the garage to Plot 1 shall be ancillary to the dwelling only.

15.

Obscure glazing to be provided and maintained to all first floor gable windows.

16.

GDO tolerance removed window and door openings.

17.

GDO tolerances removed extension.

18.

Hours of construction.

19.

Unforeseen contamination.

 

47.

Greaves Hotel, Greaves Road, Lancaster pdf icon PDF 259 KB

Erection of 54 extra care apartments for the over 70s (use class C2) with associated landscaping and car parking (pursuant to the variation of conditions 2, 6 and 13 on planning permission 12/00632/FUL to amend the layout of the parking and external amenity space) for YourLife Management Services Ltd

Minutes:

A10

15/00520/VCN

Erection of 54 extra care apartments for the over 70s (use Class C2) with associated landscaping and car parking (pursuant to the variation of conditions 2, 6 and 13 on Planning Permission 12/00632/FUL to amend the layout of the parking and external amenity space) for YourLife Management Services Ltd

Scotforth West Ward

A

 

It was proposed by Councillor Redfern and seconded by Councillor Denwood:

 

“That the application be approved.”

 

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

 

Resolved:

 

That planning permission be granted subject to the following conditions, as set out in the case officer’s report:

 

1.            Approved plans – existing condition amended to include amendments etc.

2.            Use restriction limited to an Extra-care, Assisted Living facility – retained.

3.            Operational Management Plan – retained but updated to refer to approved plan.

4.            Vehicular access detail - retained but updated to refer to approved details.

5.            Car parking provision – retained but updated to refer to revised plans and Car Park Management Strategy.

6.            Secure cycle storage and changing facilities - retained but updated to refer to approved details.

7.            Off-site highway works – added to ensure agreed works are implemented prior to first occupation.

8.            Construction Method Statement - retained but updated to refer to approved details.

9.            Details of new stonework - retained but updated to refer to approved details.

10.         Stonework cleaning - retained but updated to refer to approved details.

11.         Materials samples - retained but updated to refer to approved details.

12.         Boundary treatments - retained but updated to refer to approved details.

13.         Landscaping scheme – retained.

14.         Landscaping Implementation and Maintenance – retained.

15.         Bat survey and mitigation measures – retained but updated to refer to approved details.

16.         Ecological mitigation and enhancements - retained but updated to refer to approved details.

17.         Contamination - retained but updated to reflect details already approved.

18.         Contamination (Imported soils) – added after receiving confirmation from the applicant that imported soils would be used.

19.         Noise mitigation – retained.

20.         Obscure glazing – retained.

 

Councillor Denwood left the room at 2.22pm and re-entered the room at 2.27pm

48.

Quarterly Reporting - April to June 2015 pdf icon PDF 488 KB

Minutes:

Members received the quarterly planning reports from Development Control.

 

Resolved:

 

That the reports be noted.

49.

Delegated Planning Decisions pdf icon PDF 307 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 the Officers.

 

Resolved:

 

That the report be noted.