Agenda and minutes

Planning Regulatory Committee - Monday, 8th February 2016 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

129.

Minutes

Minutes of meeting held on 11 January 2016 (previously circulated). 

Minutes:

The minutes of the meeting held on 11th January 2016 were signed by the Chairman as a correct record.

130.

Items of Urgent Business authorised by the Chairman

Minutes:

There were no items of urgent business.

131.

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

132.

Tregothnan Retirement Home , 112 Balmoral Road, Morecambe pdf icon PDF 297 KB

Change of use from hotel into home for the elderly (pursuant to variation of condition 2 and 3 on planning permission 01/86/1048 to allow the premises to be used as a rehabilitation facility for substance misuse and to allow a maximum of 21 persons being accommodated on site) for Mr Matthew Wheeldon

Minutes:

A5

15/01454/VCN

Change of use from hotel into home for the elderly (pursuant to variation of conditions 2 and 3 on planning permission 01/86/1048 to allow the premises to be used as a rehabilitation facility for substance misuse and to allow a maximum of 21 persons being accommodated on site) for Mr Matthew Wheeldon

Harbour Ward

R

 

Under the scheme of public participation, David Croxall spoke, on behalf of Morecambe Town Council, in objection to the application and Matthew Wheeldon, the applicant, spoke in support of the application. Councillor Janice Hanson spoke as Ward Councillor in objection to the application.

 

It was proposed by Councillor June Ashworth and seconded by Councillor Carla Brayshaw:

 

“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 Prior be refused for the following reasons, as set out in the case officer’s report:

 

1.

 

 

The application fails to provide clear evidence of a locally-generated need for the facility.  The business model indicates that residents are referred from a wide catchment area throughout the North West of England, with little consideration as to whether the proposal meets the housing needs of the Lancaster District.  As a consequence the proposal fails to accord with the Lancaster District Core Strategy SC4, Development Management DPD Policy DM45, and the Core Planning Principles enshrined by Paragraph 17 of the National Planning Policy Framework.

 

2.

As a consequence of the inward migration of those with drug and substance dependency problems, and in the absence of the necessary evidence referred to in (1) above, the proposal is considered to undermine the spatial regeneration aims and objectives contained in the West End Masterplan, and the geographically-broader regeneration ambitions expressed. by Lancaster District Core Strategy Policy ER2, which identifies Central Morecambe as a Regeneration Priority Area of sub-regional importance.

 

3.

The proposal would, as a consequence of the inward migration of those with drug and substance dependency problems, and in the absence of the necessary evidence referred to in (1), the proposal is considered to add to the burdens of pressure on existing local support services, most particularly support strategies to improve health and social wellbeing.  As a consequence the proposal fails to accord with Lancaster District Core Strategy SC4, Development Management DPD Policy DM45, and the Core Planning Principles enshrined by Paragraph 17 of the National Planning Policy Framework.

 

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

133.

Land Opposite 26 To 48, Lancaster Road, Overton pdf icon PDF 260 KB

Erection of 32 dwelling houses and associated access for Messrs Hancock & Grantham

Minutes:

A6

15/01156/FUL

Erection of 32 dwelling houses and associated access for Messrs Hancock & Grantham

Overton Ward

W

 

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

134.

Land Adjacent To 2 Rosegarth, Slyne, Lancaster pdf icon PDF 247 KB

Erection of two dwellings with associated access and landscaping for Mr Russell Sanderson

Minutes:

A7

15/00972/FUL

Erection of two dwellings with associated access and landscaping for Mr Russell Sanderson

Bolton and Slyne Ward

A

 

 

It was proposed by Councillor Eileen Blamire and seconded by Councillor Carla Brayshaw:

 

“That the application be approved.”

 

Upon being put to the vote, 14 Members voted in favour of the proposition with 1 against, whereupon the Chairman declared the proposal to be carried.

 

Resolved:

 

That, subject to the provision of a unilateral undertaking to secure provision of a financial contribution towards affordable housing,  Planning Permission be granted with the following conditions, as set out in the case officer’s report, with amendments to condition no. 2:-

 

1.

Standard 3 year time limit.

2

Development to be undertaken in accordance with approved (amended) plans.

3

Amended plans – tree survey, Arboricultural Impact Assessment, Arboricultural Method Statement dated 5th November 2015.

4

Tree protection areas as defined on Site Plan 404/101 Rev A received on 28th September 2015.

5.

Scheme of surface water drainage to be submitted and agreed.

6.

Hardstanding areas, including the driveway and patio areas to be undertaken in a permeable surfacing.

7.

Stone detailing to be agreed.

8.

Additional tree planting to be agreed.

9.

Unforeseen contamination.

10.

Boundary hedgerows to be retained (height to be specified as a minimum).

11.

Parking provision as plan and its retention.

12.

Separate system of drainage.

13.

Hours of construction.

 

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

 

14.         Removal of Permitted Development Rights and no creation of areas of hardstanding.

15.         Finished Floor levels to be agreed. 

135.

Site Of Former Pontins Holiday Camp, Carr Lane, Middleton pdf icon PDF 262 KB

Outline application for the erection of a retirement village comprising dwellinghouses and other residential accommodation, retail, leisure, recreation and ancillary administration, and creation of a new access and circulation road (pursuant to the removal of parts xix and xxi of condition 21 on outline planning permission 00/00156/OUT relating to the use of the site as a retirement village and car free design) for The Glory Hole Ltd

Minutes:

A8

15/01444/RCN

Outline application for the erection of a retirement village comprising dwellinghouses and other residential accommodation, retail, leisure, recreation and ancillary administration, and creation of a new access and circulation road (pursuant to the removal of parts xix and xxi of condition 21 on outline planning permission 00/00156/OUT relating to the use of the site as a retirement village and car free design) for The Glory Hole Ltd

Overton Ward

A

 

 

It was proposed by Councillor Margaret Pattison and seconded by Councillor June Ashworth:

 

“That the recommendations set out in the report be approved.”

 

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

 

Resolved:

 

That parts xix and xxi of Condition 21 attached to planning permission 00/00156/OUT be removed and that all other conditions remain in force.

136.

Site Of Former Pontins Holiday Camp, Carr Lane, Middleton pdf icon PDF 251 KB

Variation of legal agreement on planning permission 00/00156/OUT to remove the age restriction on occupants and the requirements for car-free design, a bus service and use of on-site facilities by on-site residents only, and to vary the requirements for affordable housing provision and its phasing, and the requirements for a Travel Plan for The Glory Hole Ltd

Minutes:

A9

15/01568/VLA

Variation of legal agreement on planning permission 00/00156/OUT to remove the age restriction on occupants and the requirements for car-free design, a bus service and use of on-site facilities by on-site residents only, and to vary the requirements for affordable housing provision and its phasing, and the requirements for a Travel Plan for The Glory Hole Ltd

Overton Ward

A

 

 

It was proposed by Councillor Margaret Pattison and seconded by Councillor Susie Charles:

 

“That the recommendations as set out in the report be approved.”

 

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

 

Resolved:-

 

That, in accordance with S106 (A) of the Town and County Planning Act, the proposed application to modify and discharge the terms of the original agreement in relation to the applicant’s land only be granted.

Councillor Sheila Denwood left the room prior to the following item and re-entered during the presentation. Councillor Denwood abstained from the vote on Minutes 137 and 138.

137.

Tesco, Lancaster Road, Carnforth pdf icon PDF 152 KB

Erection of a food retail store and relocation of existing plant hire company including demolition works and ancillary servicing and alterations to access (pursuant to the variation of condition 20 on planning permission 14/01079/VCN in relation to hours of deliveries) for Tesco Stores Ltd

Minutes:

A10

15/01438/VCN

Erection of a food retail store and relocation of existing plant hire company including demolition works and ancillary servicing and alterations to access (pursuant to the variation of condition 20 on planning permission 14/01079/VCN in relation to hours of deliveries) for Tesco Stores Ltd

Carnforth and Millhead Ward

A

 

 

It was proposed by Councillor Eileen Blamire and seconded by Councillor Carla 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 officer’s report:

 

20.

Servicing and delivery of goods shall take place between the following hours:

0630 and 2130 hours Monday to Sunday and one delivery vehicle between midnight and 0200 hours on any one night of the week.

 

 

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

 

20(a).   Delivery Log

 

All the other conditions (including a delivery log condition) attached to planning permission 14/01079/VCN will be applied to the new planning permission but varied to account for details approved under conditions or those which are no longer applicable.

 

138.

Tesco, Lancaster Road, Carnforth pdf icon PDF 151 KB

Erection of a food retail store and relocation of existing plant hire company including demolition works and ancillary servicing and alterations to access (pursuant to the variation of condition 19 on planning permission 14/01079/VCN in relation to hours of trading) for Tesco Stores Ltd

Minutes:

A11

15/01439/VCN

Erection of a food retail store and relocation of existing plant hire company including demolition works and ancillary servicing and alterations to access (pursuant to the variation of condition 19 on planning permission 14/01079/VCN in relation to hours of trading) for Tesco Stores Ltd

Carnforth and Millhead Ward

A

 

 

It was proposed by Councillor Eileen Blamire and seconded by Councillor Carla 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 officer’s report:

 

19.

The supermarket shall not be open for trading except between the hours of 0800-2200 Monday to Saturday and 1000-1600 on Sunday without the prior written approval of the Local Planning Authority:

 

All the other conditions attached to planning permission 14/01079/VCN will be applied to the new planning permission but varied to account for details approved under conditions or those which are no longer applicable.

Councillor Andrew Kay left the meeting prior to the following item and did not return to the meeting.

 

Councillor Robert Redfern left the room prior to the following item and returned during the questions. Councillor Redfern did not participate in the vote.

139.

Sidegarth, Sidegarth Lane, Halton pdf icon PDF 255 KB

Change of use of existing barn to two holiday units, demolition of side extensions and erection of a 2 storey side extension for Mr & Mrs M Swindlehurst

Minutes:

A12

15/01398/CU

Change of use of existing barn to two holiday units, demolition of side extensions and erection of a 2 storey side extension for Mr & Mrs M Swindlehurst

Halton-with-Aughton Ward

A

 

 

It was proposed by Councillor Carla Brayshaw and seconded by Councillor James Leyshon:

 

“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.

Standard 3-year time condition.

2.

Amended Plan Condition.

3.

4.

 

 

 

 

 

 

 

Development as per approved plans.

Materials to be agreed in writing and then implemented in accordance with agreed details; including:

·         Details of natural slate, including sample.

·         Details of ridge, verge and eaves details.

·         Mortar and pointing sample.

·         Details of rainwater goods.

·         Details of new stone.

·         Details of rooflights (to be conservation type), windows and doors.

·         Details of boundary treatments.

5.

Submission of an arboricultural method statement (including pollarded tree).

6.

Details of hard and soft landscaping.

7.

Implementation of tree/hedge protection.

8.

Compliance with bat mitigation within Bat Survey.

9.

Creation of parking/turning prior to first use.

10.

Holiday occupancy – no more than 8 weeks, bound register (i.e. not permanent accommodation).

11.

Removal of all permitted development rights.

 

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

 

12.         Archaeological recording.

 

No obstruction of Public Right of Way.

140.

Sidegarth, Sidegarth Lane, Halton pdf icon PDF 245 KB

Demolition of various extensions and erection of a single storey rear extension and two storey side extension for Mr & Mrs M Swindlehurst

Minutes:

A13

15/01399/FUL

Demolition of various extensions and erection of a single storey rear extension and two storey side extension for Mr & Mrs M Swindlehurst

Halton-with-Aughton Ward

A

 

It was proposed by Councillor Susie Charles and seconded by Councillor Stuart Bateson:

 

“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 the receipt of amended plans, Planning Permission be granted subject to the following conditions, as set out in the case officer’s report:

 

1.

2.

3.

4.

 

Standard 3-year timescale.

Amended plans condition.

Development as per approved plans.

Materials to be agreed in writing and then implemented in accordance with agreed details; including:

·         Details and samples of all external materials, including slate, roof. membrane, stone, brick, oak cladding.

·         Details of parapet, ridge, verge and eaves details.

·         Mortar and pointing sample.

·         Details of rainwater goods.

·         Details of windows and doors, including glazing link (including colour).

·         Details of boundary treatments, including retaining walls.

5.

6.

7.

8.

9.

Submission of an arboricultural method statement (including pollarded tree).

Details of hard and soft landscaping.

Implementation of tree/hedge protection.

Archaeological recording and analysis condition.

Removal of all permitted development rights.

 

141.

17 - 19 Euston Road, Morecambe, Lancashire pdf icon PDF 289 KB

Listed building application for the installation of an external street light for Mr Julian Inman

Minutes:

A12

15/01398/CU

Listed building application for the installation of an external street light for Mr Julian Inman

Poulton Ward

A

 

It was proposed by Councillor Eileen Blamire and seconded by Councillor Sheila 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 Listed Building Consent be granted, subject to the following conditions:

 

1.

2.

3.

Standard 3 year timescale.

Development to be carried out in accordance to approved plans.

Location and colour of the cabling to be carried out in accordance with details received and maintained as such at all times thereafter.

 

 

142.

Quarterly Reporting - October to December 2015 pdf icon PDF 402 KB

Minutes:

Members received the quarterly planning report from the Development Management Service.

 

Resolved:

 

That the report be noted.

143.

Delegated Planning Decisions pdf icon PDF 293 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.