Agenda and minutes

Planning Regulatory Committee - Monday, 14th December 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

99.

Minutes

Minutes of meeting held on 16 November 2015 (previously circulated). 

Minutes:

The minutes of the meeting held on 16th November 2015 were signed by the Chairman as a correct record.

100.

Items of Urgent Business authorised by the Chairman

Minutes:

There were no items of urgent business.

101.

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

102.

Land to the South of Aldcliffe Hall Drive, Lancaster pdf icon PDF 370 KB

Erection of 6 dwellings with associated access and landscaping for Mr Michael Stainton

Minutes:

A5

15/01119/FUL

Erection of 6 dwellings with associated access and landscaping for Mr Michael Stainton

Scotforth Ward

A

 

Under the scheme of public participation, Tim Dant, Tariq Malik, Eddie Graves, Phil Leedal and Chris Norman spoke in opposition to the application. Stuart Booth, Agent, spoke in support of the application.

 

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

 

“That the application be approved.”

 

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

 

Resolved:

 

That Planning Permission be granted subject to the signing and completing of a Unilateral Undertaking to secure the financial contribution of £110,000 towards affordable housing in the District, and the following conditions, as set out in the case officer’s report:

 

1.

Standard 3 year timescale.

2.

Development in accordance with approved plans.

3.

Scheme for the construction of the site accesses.

4.

Visibility splays.

5.

Scheme for offsite highway works - warning sign and laying of a length of transverse white thermoplastic major / minor road junction stop line, gateway treatment measures.

6.

Tree Works Schedule.

7.

Implement approved Tree Protection Plan and Arboricultural Method Statement.

8.

Landscaping scheme.

9.

Lighting scheme.

10.

Additional bird nesting and bat roosting opportunities.

11.

Method statement for felling of tree.

12.

Surfacing materials.

13.

Scheme for disposal of surface water drainage.

14.

External materials including: windows, doors, finish to walls and roof, rainwater goods, eaves, verge and ridge details.

15.

Boundary treatments.

16.

Construction method statement including hours of construction.

17.

Finished floor levels.

18.

Unforeseen soil contamination.

19.

Remove permitted development rights.

 

103.

12 Pinewood Avenue, Brookhouse, Lancaster pdf icon PDF 149 KB

Erection of a single storey side extension with dormer windows to the front and rear elevations and construction of a front porch for Mr Andrew Kehoe

Minutes:

A13

15/01176/FUL

Erection of a single storey side extension with dormer windows to the front and rear elevations and construction of a front porch for Mr Andrew Kehoe

Lower Lune Valley Ward

D

 

Under the scheme of public participation, Kevin Grisdale spoke in opposition of the application and Andrew Kehoe, Applicant, spoke in support of the application.

 

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

 

“That the application be deferred to enable a site visit to take place.”

 

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 the application be deferred to enable a site visit to take place.

 

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

104.

Land Adjacent Campbell Drive, Lancaster pdf icon PDF 302 KB

Demolition of existing maintenance buildings and erection of 43 houses, 20 flats and a retail unit (use class A1) with associated parking, landscaping and access for Mr Andrew McMurtrie

Minutes:

A16

15/00813/FUL

Demolition of existing maintenance buildings and erection of 43 houses, 20 flats and a retail unit (use class A1) with associated parking, landscaping and access for Mr Andrew McMurtrie

Bulk Ward

D

 

The application was deferred (for future consideration) prior to the Committee meeting and no presentation or debate took place.

105.

Land East of Arkholme Methodist Church, Kirkby Lonsdale Road, Arkholme pdf icon PDF 207 KB

Outline application for the erection of up to 17 dwellings, associated access, provision of a new church car park and a new footway along the B6254 for Mr Edward Hayton

Minutes:

A7

15/01024/OUT

Outline application for the erection of up to 17 dwellings, associated access, provision of a new footway along the B6254 for Mr Edward Hayton

Kellet Ward

A

 

 

It was proposed by Councillor Blamire and seconded by Councillor 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 Outline Planning Permission be granted subject to the signing and completing of a legal agreement securing:

 

  • Up to 40% provision of affordable housing (percentage, tenure, size, type, phasing to be agreed at Reserved Matters stage based on local housing needs and viability);
  • Provision for long term drainage, open space and landscaping maintenance management company;
  • Off-site contribution for open space (to be calculated at Reserved Matters Stage).

 

And the following conditions, as set out in the case officer’s report:

 

1.

Reserved Matters to be submitted (scale, layout, landscaping and appearance).

2.

Development in accordance with plan (red line and access plan).

3.

Layout plan – indicative only.

4.

Construction details for the access/footways.

5.

Offsite highway works.

6.

Protection of visibility Splays (2.4 m x 45 metres).

7

Scheme for Foul Water to be submitted.

8.

Surface Water Drainage Scheme.

9.

SuDs management and maintenance plan.

10.

Construction Method Statement.

11.

AMS to be submitted.

12.

Finished Floor Levels and site levels to be submitted.

13.

Scheme for electric vehicle charging points.

14.

Landscaping Management Plan.

15.

Replacement Planting scheme – Access and New Footway.

16.

Contaminated Land.

 

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

 

17.          Removal of PD rights.

Councillor Robert Redfern left the room during the following item and re-entered during the questions. Councillor Redfern abstained from the vote.

106.

113 White Lund Road, Morecambe pdf icon PDF 248 KB

Erection of 10 dwelling houses (C3) and creation of new vehicular access for Mr T Hill

Minutes:

A8

15/00859/FUL

Erection of 10 dwelling houses (C3) and creation of new vehicular access for Mr T Hill

Westgate Ward

R

 

 

It was proposed by Councillor Brayshaw and seconded by Councillor Pattison:

 

“That the application be refused.”

 

Upon being put to the vote, 13 Members voted in favour of the proposition, with 1 abstention, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That Planning Permission be refused for the following reasons, as set out in the case officer’s report, with reason 4 removed:

 

1.

The proposal fails to deliver the required 2 affordable units on site, supposedly due to viability reasons.  However, the content of the viability assessment submitted is considered by the Local Planning Authority to be flawed and therefore its conclusions cannot be relied upon.  The omission of the required affordable housing provision and the lack of a robust viable rationale is contrary to policy DM41 of the Development Management DPD.

 

2.

To form a safe access to serve the proposal it must be supported by a range of off-site highway works.  Without these measures the development is deemed to be unacceptable in planning terms, giving rise to significant concerns over highway safety. Therefore the proposal is contrary to policy DM35 of the Development Management DPD.

 

3.

The proposal fails to adequately compensate for the loss of open space provision and to adequately provide for the needs of its future residents by not contributing towards the provision or enhancement of off-site open space.  Therefore it is contrary to policy DM25 of the Development Management DPD.

 

 

107.

Land at Walkers Industrial Estate, Middleton Road, Middleton pdf icon PDF 329 KB

Erection of a freight depot (B8/B2) comprising a new detached building with offices, vehicle workshop and warehouse with external hardstanding area (pursuant to the variation of condition no. 2 on application no. 15/00199/FUL relating to the site layout) for Mr Vincent Waddell

Minutes:

A9

15/01182/VCN

Erection of a freight depot (B8/B2) comprising a new detached building with offices, vehicle workshop and warehouse with external hardstanding area (pursuant to the variation of condition no.2 on application no.15/00199/FUL relating to the site layout) for Mr Vincent Waddell

Overton Ward

A

 

 

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

 

“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 a Deed of Variation to the existing Section 106 Agreement and the following conditions, as set out in the case officer’s report:

 

1.

Standard 3 year timescale.

2.

In accordance with approved plans.

3.

Contaminated land investigation and remediation.

4.

Submission of verification report.

5.

Construction management plan.

6.

Foul and surface water drainage scheme.

7.

Surfacing materials.

8.

Boundary treatments.

9.

Finish to walls and roof as set out unless otherwise agreed.

10.

Ecology mitigation.

11.

Details of all external lighting.

 

108.

The Sun House, Lindeth Road, Silverdale pdf icon PDF 258 KB

Erection of a two storey side extension, erection of outbuilding (retrospective) and change of use of land to domestic garden for Mr R Aitken and Mrs A Mcleod

Minutes:

A10

15/00623/CU

Erection of a two storey side extension, erection of outbuilding (retrospective) and change of use of land to domestic garden for Mr R Aitken and Mrs A Mcleod

Silverdale Ward

A

 

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

 

“That the application be approved.”

 

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

 

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

 

“That the split decision as recommended in the report be approved.”

 

Upon being put to the vote, 9 Members voted in favour and 3 against, with 2 abstentions, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That a split decision be reached, namely:

 

Planning Permission be granted for the detached outbuilding, change of use of land to domestic garden and the alteration of a window to a door, subject to the following conditions, as set out in the case officer’s report:

 

1.

Development in accordance with approved plans including amended site plan.

2.

Removal of permitted development rights.

3.

Use of garage for domestic purposes only.

 

That Planning Permission be refused for the two storey side extension for the following reason, as set out in the case officer’s report:

1.

By reason of it scale, siting and design, it is considered that the proposed two storey extension relates poorly to the existing building and adjacent dwelling, is not in keeping with the character and appearance of the area and therefore does not represent a high quality form of development. It is also considered that, given its scale, design and location in relation to the historically important dwelling and garden at Ridgeway Park, it will have a detrimental impact on the setting of this non-designated heritage asset. The proposal is therefore contrary to the aims and objective of the National Planning Policy Framework, in particular the Core Planning Principles and Sections 6 and 12, and Policies DM33 and DM35 of the Lancaster District Development Management Development Plan Document.

 

Councillor Andrew Kay left the room during the following item and re-entered during the presentation. Councillor Kay did not participate in the vote.

 

109.

10 Marsh Lane, Cockerham, Lancaster pdf icon PDF 152 KB

Change of use of annex to a single dwelling (C3) for Mr Ronald McAvoy

Minutes:

A11

15/01108/CU

Change of use of annex to a single dwelling (C3) for Mr Ronald AcAvoy

Ellel Ward

A

 

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

 

“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 subject to securing the £2,660 contribution towards the provision of affordable housing in the District, Planning Permission be granted subject to the following conditions, as set out in the case officers report:

 

1.

Standard 3 year time limit.

2.

Development to be undertaken in accordance with approved plans.

3.

Amended plans – boundary treatment and flood resilience measures.

4.

Fence to be provided within 3 months and retained at all times thereafter.

5.

Permitted development rights removed – extensions, alterations including new windows.

6.

Hedgerows to be retained at current height.

7.

Parking spaces (for both the 10 Marsh Lane and application site) set out on approved plan to be retained and kept available.

 

110.

Berrys Farm, Conder Green Road, Conder Green pdf icon PDF 312 KB

Erection of a detached reception/office building for Mr E Lawson

Minutes:

A12

15/01105/FUL

Erection of a detached reception/office building for Mr E Lawson

Ellel Ward

A

 

The Planning Manager reported that, subsequent to the publication of the agenda, officers had revised their recommendation for this application. The revised recommendation was to approve the application.

 

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

 

“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, as set out in the case officer’s report;

 

1.            Construction as per details on approved plans.

2.            Details of a new hedgerow (location and species) to be agreed with LPA, planted in the first planting season post decision, and maintained at all times thereafter.

3.            Outbuilding to be finished in either Juniper Green or Olive Green to the satisfaction of the LPA and to be retained as such at all times thereafter.

4.            Use of outbuilding to be restricted to reception/office linked to existing tourism enterprise.

111.

48 Branksome Drive, Morecambe pdf icon PDF 142 KB

Erection of single storey side and rear extension and access ramp for Mr Tom Greenwood

Minutes:

A14

15/01378/FUL

Erection of single storey side and rear extension and access ramp for Mr Tom Greenwood

Westgate Ward

A

 

It was proposed by Councillor Pattison and seconded by Councillor Brayshaw:

 

“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, as set out in the case officers report:

 

1.

Standard three year time limit.

2.

Development in accordance with approved plans.

3.

Materials to match existing.

 

 

112.

11 Skiddaw Road, Lancaster pdf icon PDF 147 KB

Erection of a single storey front and side extension, and creation of a new access for Mr Tom Greenwood

Minutes:

A15

15/01384/FUL

Erection of a single storey front and side extension, and creation of a new access for Mr Tom Greenwood

Bulk Ward

A

 

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

 

“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, with the removal of condition no.5, and as set out in the case officer’s report:

 

1.

Standard three year time limit.

2.

Development in accordance with approved plans.

3.

Materials to match existing.

4.

Submission of a scheme for the construction of the off-site works of highway improvement.

5.

No site fires, no cement washout areas, no chemical dumps, or storage of machinery, materials, and equipment on soft ground within 7m of any on or off site tree.

 

And, subject to the following additional conditions (suitably worded):

 

6.         Arboricultural Method Statement.

7.         Tree Works Schedule.

8.         Tree Protection Plan.

113.

Delegated Planning Decisions pdf icon PDF 290 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.