Agenda and minutes

Minutes of meeting held on 7 January, 2019 (previously circulated). 

The minutes of the meeting held on 7^th January 2019 were signed by the Chairman as a correct record.

There were no items of urgent business.

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. 

Councillor Helen Helme declared an interest in agenda item A5 18/00335/FUL Land at Chapel Lane, Galgate. The reason being that she is a Member of Ellel Parish Council but stated that she took no part in discussions regarding this application. Councillor Helme also stated that she knew some of the public speakers and the landowner in her capacity as a Galgate resident and Ward Councillor for Ellel. Councillor Helme stated that she would be viewing the application fairly and with an open mind.

Mr Andrew Drummond declared an interest in agenda item A5 18/00335/FUL Land at Chapel Lane, Galgate. The reason being that he lives near the application site.  

Councillor Jon Barry declared an interest in agenda item A10 16/00276/OUT Lune Industrial Estate, New Quay Road, Lancaster. The reason being that he had made comments about the application around 2 years ago. Councillor Barry stated that he would be viewing the application fairly and with an open mind.

Councillor Helen Helme declared an interest in agenda item A11 18/01583/OUT Land adjacent to Stonehaven, Bay Horse Lane, Bay Horse. The reason being that she is a Member of Ellel Parish Council but stated that she took no part in discussions regarding this application.

Councillor Carla Brayshaw declared an interest in agenda item A11 18/01583/OUT Land adjacent to Stonehaven, Bay Horse Lane, Bay Horse. The reason being that she knew the son and daughter-in-law of the applicant. Councillor Brayshaw stated that she would be viewing the application fairly and with an open mind.

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

The following members were present at the site visit, which took place on Monday 28^th January 2019:

Councillors Jon Barry, Alan Biddulph, Carla Brayshaw, Dave Brookes, Abbott Bryning, Mel Guilding, Helen Helme, Jane Parkinson and Sylvia Rogerson.

Officers in Attendance:

Andrew Drummond – Development Manager (Planning Applications)

Jennifer Rehman – Major Applications Planning Officer

Petra Williams – Planning Officer

Tessa Mott – Democratic Support Officer

Councillor Helen Helme and Mr Andrew Drummond had both previously declared an interest in the following item.

Mr Andrew Drummond left the meeting at this point and returned after deliberation of the application.

APPLICATIONS SUBJECT TO PUBLIC PARTICIPATION

Under the scheme of public participation, Janette Ireland, Andrew Poulter, Peter Cheason (on behalf of Susan Aspinall), Graham Creer, Averil McClleland, Anthony Newton, Mary Breakell, Myles Griffiths, Peter Lea and Stephen Constantine all spoke against the application. Deborah Smith agent for the application spoke in support.

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

“That the application be approved.”

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

Members clarified the reason for the contrary proposal, being that, the need for the provision of the bungalows in the area outweighs the adverse landscape impacts associated with the scheme.

Upon being put to the vote, 11 Members voted in favour of the proposition and 3 against, whereupon the Chairman declared the proposal to be carried.

Resolved:

Subject to a Section 106 Agreement to secure restriction of use of the bungalows for over 55’s, long term maintenance of non-adopted highways, drainage and landscaping provision, Planning Permission be granted subject to the following conditions:

1.    Timescales;

2.    Approved Plans;

3.    Provision of access;

4.    Offsite Highway Work;

5.    Building Materials to utilise natural stone, render and slate;

6.    Boundary Treatments updated to reflect stone walls along the northern plot boundaries;

7.    Amended Landscaping Scheme;

8.    Updated AIA/AMS;

9.    Provision of electric vehicle charging points;

10.  Surface Water Drainage Scheme;

11.  Surface Water Management;

12.  Foul Water Connection;

13.  Restriction of PD rights to protect soakaways;

14.  Garage Use restriction;

15.  Ecological enhancement and protection measures;

16.  Acoustic glazing;

17.  Provision of open space across the site;

18.  Homes to be built to Accessibility M42 standards.

The meeting adjourned at 11:50 and reconvened at 11:55.

Under the scheme of public participation, George Long spoke against the application and the applicant Chris Middlebrook spoke in support.

It was proposed by Councillor Carla Brayshaw and seconded by Councillor Stuart Bateson:

“That the application be approved with delegated authority to the Planning Manager to finalise an agreement with the Highway Authority.”

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

Resolved:

Councillor Jon Barry had previously declared an interest in the following item.

A site visit was held in respect of this item on 5^th December 2016 minute 97 (2016/2017 refers) and 28^th January 2019 minute 112 (2018/2019) refers.

Under the scheme of public participation, Chris Balmer of STS Manufacturing and representing the group Lune Industrial Estate Supporters and Mel Welsh of A1 Supa Skips Ltd both spoke against the application. The applicant Stephen Ashworth spoke in support.

It was proposed by Councillor Robert Redfern and seconded by Councillor Jon Barry:

“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:

Councillor Eileen Blamire left the meeting at this point and did not return.

The meeting adjourned at 12:52 and reconvened at 13:22.

Councillor Helen Helme had previously declared an interest in the following item.

Under the scheme of public participation, David Whitaker Ellel Parish Council representative spoke in support of the application.

Following the public speaking element of this application, Councillor Carla Brayshaw declared an interest in this item. The reasons are stated clearly in minute no 111 above.

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

“That the application be approved.”

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

Members clarified the reason for the contrary proposal, being that, the small rural development would not have a ribbon effect and the proposal would be sustainable given its proximity to local services on the A6.

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

Resolved:

That Planning Permission be granted subject to the following conditions:

1.    Standard outline planning permission timescale;

2.    Illustrative plans only (other than access);

3.    Approved access to be provided prior to other development commencing;

4.    Visibility splays to be provided and protected;

5.    Landscaping details, including hedgerow mitigation (for loss) and hedgerow translocation (for visibility splays);

6.    In accordance with approved Aboricultural Implications Assessment;

7.    Tree/hedgerow protection;

8.    Foul drainage scheme;

9.    Surface water drainage scheme and maintenance plan;

10.  Unforeseen contamination.

Under the scheme of public participation, Paul Cusimano of Joseph & Co spoke against the application. The applicant Ranjit Kaur Uppal spoke in support.

It was proposed by Councillor Mel Guilding and seconded by Councillor Ian Clift:

“That the application be refused.”

Upon being put to the vote, 11 Members voted in favour of the proposition, with 2 abstentions, whereupon the Chairman declared the proposal to be carried.

Resolved:

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

The Chairman brought forward item A12 to avoid any further delay for the Members of the public in attendance.

It was proposed by Councillor Jane Parkinson and seconded by Councillor Sylvia Rogerson:

“That the application be refused.”

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

During consideration of the reason for the proposal that the application be refused, a second proposal was put forward to defer for a Site visit as this would give the Members the opportunity to consider the landscape impacts of the proposed development.  With the agreement of Councillors Parkinson and Rogerson, this superseded the original proposal.

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

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

Upon being put to the vote, 5 Members voted in favour of the proposition and 5 against, with 3 abstentions, whereupon the Chairman, in accordance with Council Procedure Rule 19.2, used her casting vote and declared the proposal to be carried by virtue of her casting vote.

Resolved:

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

It was proposed by Councillor Ian Clift 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:

It was proposed by Councillor Jon Barry and seconded by Councillor Ian Clift:

“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:

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

“That the application be approved with delegated authority to the Planning Manager to reach agreement with the Highway Authority regarding the precise wording of condition 7.”

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

Resolved:

That Planning Permission be granted, with delegated authority to the Planning Manager to reach agreement with the Highway Authority regarding the precise wording of condition 7 and subject to the following conditions:

Councillor June Ashworth left the meeting at this point and did not return.

It was proposed by Councillor Ian Clift 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:

The Planning Manager submitted a Schedule of Planning Applications dealt with under the Scheme of Delegation of Planning Functions to Officers.

Resolved:

That the report be noted.