Agenda and minutes

Minutes of meeting held on 20^th July 2020 (previously circulated). 

The minutes of the meeting held on 20^th July 2020 were agreed as a true record, and would be signed by the Chair at a later date.

There were no items of urgent business.

To receive declarations by Councillors of interests in respect of items on this Agenda. 

Councillors 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, Councillors 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, Councillors 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 Mandy Bannon declared an interest in agenda items A11: 20/00253/FUL Lancaster Music Co-op and A12: 20/00254/LB Lancaster Music Co-op. The reason being her husband had used Lancaster Music Co-op over several decades for rehearsing and recording with various bands and recorded an album there in 2019. Councillor Bannon stated that she had no pecuniary interest and would be viewing the application fairly and with an open mind.

Councillor Alan Biddulph declared in interest in agenda items A11: 20/00253/FUL Lancaster Music Co-op and A12: 20/00254/LB Lancaster Music Co-op. The reason being he was a Trustee of Lancaster Footlights. Councillor Biddulph stated that he would be viewing the application fairly and with an open mind.

Councillor Roger Cleet declared in interest in agenda item A6: 17/00848/OUT Land south of playing field Trumacar Lane Heysham. The reason being he was a Trustee of Heysham Community Pre-School (Heysham Youth and Community Playgroup) and was privy to information from Lancashire County Council regarding local schools. Councillor Cleet stated that he had no pecuniary interest and would be viewing the application fairly and with an open mind.

Councillor Roger Cleet declared in interest in agenda items A11: 20/00253/FUL Lancaster Music Co-op and A12: 20/00254/LB Lancaster Music Co-op. The reason being he had previously donated printed promotional material to the Grand Theatre: New Spaces Foyer project and provided promotional material to organisations that use the Grand Theatre. Councillor Cleet stated that he be viewing the application fairly and with an open mind.

There were no other declarations of interest.

Under the scheme of public participation, a Democratic Services Officer read out one group response received against the application, followed by the response of the agent in favour of the application.

It was proposed by Councillor Mel Guilding and seconded by Councillor Robert Redfern:

“That the application be approved subject to the signing of the Section 106 agreement and subject to the conditions set out in the recommendation.”

Upon being put to the vote, 10 Councillors voted in favour, 1 voted against, and 3 abstained whereupon the Chair declared the proposal to be carried.

Resolved:

That Outline Planning Permission be granted subject to the signing of the Section 106 agreement and subject to the following conditions:

the signing of the Section 106 agreement to secure the following obligations:

·         The provision of 30% of the total units on the site to be affordable homes based on a 50:50 (affordable rented:shared ownership) tenure split as required by planning policy based on housing needs at the time of the reserved matters application, viability and the use of Vacant Building Credit;

·         The setting up of a Private Management Company to ensure the public open space, amenity space, non-adopted surface water drainage systems and private roads within the site are maintained at all times in perpetuity with associated long term maintenance plans in respect of these matters;

·         Reviewing the requirement for an off-site financial contribution in connection with public open space dependent on the numbers of units and bedrooms to be re-assessed at the time of reserved matters;

·         The contribution of £77,000 towards off-site highway improvement works and £70,000 towards bus service provision);

·         Derby Home to be converted in accordance with the permission (no later than 75% of the open market homes associated with the outline permission being occupied);

and the following conditions:

1.    Timescales.

2.    Approved Plans.

3.    Access Details.

4.    Surface Water drainage scheme.

5.    Foul Water Drainage Scheme.

6.    Finished Floor Levels.

7.    Provision of AIA.

8.    Employment and Skills.

9.    Provision of Nationally described space standards across all Units.

10.  At least 20% of the units to be M4 (2) compliant (Accessible and Adaptable) and housing mix to be agreed.

11.  Off-site Highway Works.

12.  Provision of Home Owner Packs.

13.  Provision of open space on site.

14.  Electric Vehicle Charging.

15.  Unforeseen contaminated land.

16.  Removal of PD rights (Parts 1 - Classes A, B, E and F and Part 2).

17.  Ecological Mitigation.

18.  Garage use permitted development right restriction.

19.  Development in accordance with the FRA;

and that regarding the full element of this hybrid application, Planning Permission for the conversion of Derby Home be grantedsubject to the following conditions:

1.    Timescales.

2.    Development in accordance with the plans.

3.    Provision of additional bat  ...  view the full minutes text for item 24.

It was proposed by Councillor Cary Matthews and seconded by Councillor Keith Budden:

“That Planning Permission be granted subject to the signing of the Section 106 agreement and subject to the conditions set out in the Committee Report.”

Upon being put to the vote, 10 Councillors voted in favour, 1 voted against, and 3 abstained, whereupon the Chair declared the proposal to be carried.

Resolved:

That Planning Permission be granted subject to the signing of the Section 106 agreement and subject to the following conditions:

the signing of the Section 106 agreement to secure the following obligations:

·         The provision of 18.66% of affordable housing to be based on a 50:50 (affordable rented : shared ownership) tenure split as required by policy (percentage, tenure, size, type, phasing to be addressed at Reserved Matters stage based on local housing needs);

·         Open space off-site contribution of £80,000;

·         The above 2 obligations are reviewed at the Reserved Matters stage;

·         Long term maintenance of landscaping, open space and non-adopted drainage and highways and associated street lighting;

and the following conditions:

1.    Standard Timescales.

2.    Working Programme.

3.    Access Details.

4.    Contaminated Land Assessment and Recording.

5.    Surface Water Drainage Scheme.

6.    Foul Water Drainage Scheme.

7.    Written Scheme of Investigation Archaeology.

8.    Finished Floor Levels.

9.    Submission of AIA, Tree and Hedgerow Protection Plan.

10.  Provision of Nationally described space standards across all units.

11.  At least 20% of the units to be M4 (2) compliant (Accessible and Adaptable) and housing mix to be agreed.

12.  Provision of electric vehicle charging points.

13.  Offsite Highways Works (to include improvements to the existing footways along Middleton Road to support a shared surface for cycling and pedestrian movement, traffic calming together with bus stop provision on Middleton Road or provision for a point of access to Trumacar Playing fields.

14.  Provision for home owner packs.

15.  Open space provision, maintenance and management.

16.  Surface Water Management Scheme.

17.  Visibility Splays to be implemented measuring 2.4m x 90m.

18.  Development in accordance with the principles contained within the Flood Risk Assessment.

19.  Development in accordance with the principles contained within the Ecological appraisal.

20.  No development over the public sewer that crosses the site.

It was proposed by Councillor Abbott Bryning and seconded by Councillor Keith Budden:

“That Planning Permission be granted subject to the signing of the Section 106 agreement and subject to the conditions set out in the Committee Report.”

Upon being put to the vote, 8 Councillors voted in favour, 3 voted against, and 4 abstained, whereupon the Chair declared the proposal to be carried.

Resolved:

That Planning Permission be granted subject to the signing of the Section 106 agreement, and subject to the following conditions:

the signing of the Section 106 agreement to secure the following obligations:

·         Provision of six affordable housing units (four x 2 bedroom - affordable rent and two x 3 bedroom units shared ownership);

·         Contribution of £30,000 towards the running of the local bus service (Number 18 - Lancaster - Lancaster via Williamson Park, Leisure Park, Lancaster Farms);

·         Securing the provision of £71,212 towards secondary education spaces for three secondary school places at Central Lancaster High School;

·         Long term maintenance of non-adopted open space, landscaping and non-adopted highways and drainage;

and the following conditions:

1.    2 year timescale.

2.    Development in accordance with approved plans.

3.    Access Details.

4.    Surface Water Drainage.

5.    Foul Water drainage.

6.    Employment and Skills Plan.

7.    Finished Floor Level detail.

8.    Ecological Mitigation.

9.    Detail for off-site highways works and subsequent implementation.

10.  Building Materials to be agreed on external facing elevations.

11.  Boundary treatments.

12.  Hard and Soft Landscaping.

13.  Provision of cycle and electric vehicle charging.

14.  Surface Water Management.

15.  Noise mitigation in accordance with the report.

16.  Development in accordance with the AIA.

17.  Protection of visibility splays.

18.  Garage use condition.

19.  Car Parking to be provided prior to occupation.

It was proposed by Councillor Keith Budden and seconded by Councillor Joyce Pritchard:

“That outline Planning Permission be granted subject to the conditions set out in the Committee Report.”

Upon being put to the vote, 12 Councillors voted in favour of the proposition, none against, and 3 abstained, whereupon the Chair declared the proposal to be carried.

Resolved:

That outline Planning Permission be granted subject to the following conditions:

·         The provision of 30% of the total number of dwellings to be affordable housing to be based on a 50:50 (affordable rented : shared ownership) tenure split as required by policy (percentage, tenure, size, type, phasing to be address at Reserved Matters stage based on local housing needs);

·         The payment of £94,949.12 for four secondary school places (to be assessed at reserved matters stage when the number of units and bedroom numbers is known);

·         Off-site open space contribution to be assessed based on the needs of the village of Cockerham (at the time of the reserved matters application); and,

·         Long term maintenance of non-adopted highways, open space, landscaping and creation of management-company;

and the following conditions:

1.    Two year timescale.

2.    Approved Plans.

3.    Surface Water Drainage.

4.    Foul Water.

5.    Access works.

6.    Environmental Construction Plan.

7.    Submission of finished floor levels.

8.    Employment and Skills Plan.

9.    Offsite highway works.

10.  Provision of nationally described space standards across all units.

11.  At least 20% of the units to be M4 (2) compliant (Accessible and Adaptable) and housing mix to be agreed.

12.  Scheme for the provision of open space.

13.  Scheme for the connection to the Public Right of Way.

14.  Provision of Homeowner Packs.

15.  Electric vehicle charging points.

16.  Surface Water management plan.

17.  Development in accordance with the AIA and TPP.

18.  Unforeseen contamination.

19.  Ecological mitigation in accordance with the approved ecological report.

It was proposed by Councillor Keith Budden and seconded by Councillor Mel Guilding:

“That Planning Permission be granted subject to the signing of the Section 106 agreement and subject to the conditions set out in the Committee Report.”

Upon being put to the vote, 12 Councillors voted in favour of the proposition, none against, and 3 abstained, whereupon the Chair declared the proposal to be carried.

Resolved:

That Planning Permission be granted subject to the signing of the Section 106 agreement and subject to the following conditions:

the signing of the Section 106 agreement to secure the following obligations:

·         The provision of 30% of affordable housing to be based on a 50:50 (affordable rented: shared ownership) tenure split as required by policy (percentage, tenure, size, type, phasing to be address at Reserved Matters stage based on local housing needs addressed by condition);

·         The payment of £48,370.32 for two secondary school places (to be assessed at reserved matters stage when the number of units and bedroom numbers is known);

·         Off-site open space contribution to be assessed based on the needs of the village of Cockerham (at the time of the reserved matters application); and,

·         Long term maintenance of non-adopted highways, open space, landscaping and creation of Management Company;

and the following conditions:

1.    Two year timescale.

2.    Development in accordance with the approved plan (red edge and access).

3.    Access details to be submitted.

4.    Scheme for Sustainable Surface Water Drainage.

5.    Construction Environmental Management Plan.

6.    Submission of Finished Floor and Site Levels.

7.    Scheme for Foul Water Drainage Scheme.

8.    Employment and Skills Plan.

9.    Off-site Highway Works.

10.  Provision of Nationally described space standards across all units.

11.  At least 20% of the units to be M4 (2) compliant (Accessible and Adaptable) and housing mix to be agreed.

12.  Scheme for the provision of open space.

13.  Scheme for the connection to the Public Right of Way.

14.  Scheme for external lighting.

15.  Provision of electric vehicle charging points.

16.  Provision of Home Owner Packs.

17.  Vegetation clearance to be undertaken from 1^st March to 31^st July

18.  Scheme to be undertaken in accordance with the ecological mitigation methods

19.  Development in accordance with the submitted AIA.

20.   Unforeseen contaminated land.

THE MEETING ADJOURNED AT 12:20 P.M. AND RECONVENED AT 12:30 P.M.

It was proposed by Councillor Mel Guilding and seconded by Councillor Peter Yates:

“That Planning Permission be granted subject to the signing of the Section 106 agreement and subject to the conditions set out in the Committee Report.”

Upon being put to the vote, 11 Councillors voted in favour, none voted against, and 4 abstained, whereupon the Chair declared the proposal to be carried.

Resolved:

That Planning Permission be granted subject to the signing of the Section 106 agreement and subject to the following conditions:

the signing of the Section 106 agreement to secure the following obligations:

·         Provision thirteen (13) units to be affordable (7 units to be shared ownership and 6 units to be affordable rented); and

·         Long term maintenance of sustainable drainage systems, non-adopted highways, open space including on-site play provision and management company;

and the following conditions:

1.    Two-year permission.

2.    Development in accordance with approved plans (to be listed).

3.    Detailed plans of site access (including internal adoptable standard roads).

4.    Finished floor and site levels.

5.    Employment and Skill Plan.

6.    Arboricultural Method Statement to be submitted.

7.    Submission of a drainage scheme to account to being phased across the site.

8.    Reasonable avoidance methods for Great Crested Newts and Biodiversity enhancement (including home owner packs).

9.    Submission of surface water drainage management and maintenance.

10.  Offsite highway works.

11.  Electric vehicle charging points.

12.  Material samples.

13.  Details of retaining walls and boundary treatments, including finishes.

14.  Provision of landscaping scheme.

15.  Landscaping management plan.

16.  Open Space – provision of 5 pieces of play equipment, maintenance, timetable for implementation.

17.  Covered cycle parking and refuse provision.

18.  Car Parking provided.

19.  Unforeseen land contamination.

20.  Protection of visibility splays.

21.  AIA.

22.  Removal of Permitted Development rights.

23.  Garage use restriction.

24.  Development in accordance with the Flood Risk Assessment.

25.  Development in accordance with the submitted surface water drainage proposals.

26.  Vegetation removal outside of bird breeding season.

27.   Construction Hours of Work (0800-1800 Mon to Fri and 0800-1400 Sat only).

It was proposed by Councillor Robert Redfern and seconded by Councillor Dave Brookes:

“That Planning Permission be granted subject to the conditions set out in the Committee Report.”

Upon being put to the vote, all 15 Members voted in favour of the proposition, whereupon the Chair declared the proposal to be carried.

Resolved:

That Planning Permission be granted subject to the following conditions:

1.       Standard 3 year listed building timescale.

2.    Approved plans.

3.    Submission of materials and finishes.

4.    Rooflights and roof hatches as per submitted details.

It was proposed by Councillor Robert Redfern and seconded by Councillor Dave Brookes:

“That Planning Permission be granted subject to the conditions set out in the Committee Report.”

Upon being put to the vote, all 15 Members voted in favour of the proposition, whereupon the Chair declared the proposal to be carried.

Resolved:

That Planning Permission be granted subject to the following conditions:

1.       Standard 3 year listed building timescale.

2.    Approved plans.

3.    Submission of materials and finishes.

4.    Rooflights and roof hatches as per submitted details.

It was proposed by Councillor Sandra Thornberry and seconded by Councillor Colin Hartley:

“That Planning Permission be granted subject to the conditions set out in the Committee Report.”

Upon being put to the vote, all 15 Members voted in favour of the proposition, whereupon the Chair declared the proposal to be carried.

Resolved:

That Planning Permission be granted subject to the following conditions:

1.    Standard three year timescale.

2.    Development in accordance with amended plans.

3.    Retention of southern boundary fence.

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

Resolved:

That the report be noted.