Agenda and minutes

Minutes of meeting held on 6^th November 2023 (previously circulated). 

The minutes of 6^th November 2023 were agreed as a true record and signed by the Chair.

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 Sally Maddocks declared an interest in agenda item A5 19/01135/OUT Land North East of Bailrigg Lane, Lancaster. The reason being that she was related to Ward Councillor Sophie Maddocks who would be speaking against this application. Councillor Sally Maddocks stated that she would be viewing the application fairly and with an open mind.

Councillors Dave Brookes and Sandra Thornberry each declared an interest in agenda item A11 23/01209/PAD Former Skerton High School Owen Road Lancaster. The reason being that they had both been members of the Cabinet of Lancaster City Council where the application had been previously discussed. Consequently, both Councillors would recuse themselves from the meeting for the duration of consideration of this item.

Senior Solicitor Rephael Walmsley declared an interest in agenda item A11 23/01209/PAD Former Skerton High School Owen Road Lancaster. The reason being that as a Legal Officer for the City Council he had prior involvement in the matter. Consequently, he would recuse himself from the meeting for the duration of consideration of this item.

There were no other declarations of interest.

Outline planning application for the demolition of Low Hill House and the erection of up to 644 dwellings (Use Class C3), a local centre (Use Class E) of no more than 280sq m internal floorspace, a community hall (Use Class F2) of no more than 150sq m internal floorspace, public open spaces including equipped children's play areas, land re-grading, recreational routes, landscaping and sustainable urban drainage systems and creation of vehicular access from Bailrigg Lane and Hala Hill to the North.

A site visit was held in respect of this application on Monday 10^th July 2023 by Councillors Louise Belcher, Dave Brookes, Keith Budden, Martin Gawith, Alan Greenwell, Sally Maddocks, Joyce Pritchard and Robert Redfern. In attendance was the Service Manager – Development Management Mark Potts.

Under the scheme of public participation, residents Mary Breakell, Belinda Nixie, John Perrott, Mark Salisbury, Barbara Walker and Ward Councillor Sophie Maddocks all spoke against the application. No applicant or agent was present to reply.

It was proposed by Councillor Robert Redfern and seconded by Councillor Sally Maddocks:

“That the application be refused for the following reason:

The site is located within the Broad Area of Growth within the Local Plan in relation to the Garden Village. The proposal would undermine the integrated and co-ordinated approach in providing the infrastructure requirement to support the level of development proposed. Given it is important that necessary infrastructure which is both local and strategic in nature is delivered in the right place, at the right time, there is no certainty that the transport infrastructure would come forward to support the level of housing sought, and currently based on the full quantum of development this would create a safety concern on the Strategic Road Network. The imposition of planning conditions to secure such improvements or establish the level of development that can come forward without infrastructure upgrades are not considered appropriate, and as such the application would fail to comply with the relevant Growth Principles in SG1. The proposal therefore fails to satisfy the criteria which allows for development to be brought forward at this time and thereby would be contrary to the aims and objectives of the National Planning Policy Framework, in particular Section 8 and 9, Policies SP9, SP10, SG1 and SG3 of the Strategic Policies and Land Allocations Development Plan Document and Policies, DM57, DM58, DM60, DM61 and DM63 of the Review of the Development Management Development Plan Document.

and for reasons 2, 3, and 4 as set out in the Committee Report.”

Upon being put to the vote, 13 Councillors voted in favour of the proposal with none against and 2 abstentions, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the application be refused for the following reason:

The site is located within the Broad Area of Growth within the Local Plan in relation to the Garden Village. The proposal would undermine the integrated and co-ordinated approach in providing the infrastructure requirement  ...  view the full minutes text for item 74.

Construction of an access link road between Bailrigg Lane and the Health Innovation Campus Road.

It was proposed by Councillor Robert Redfern and seconded by Councillor Jack Lenox:

“That the application be refused for reason given in the Committee Report.”

Upon being put to the vote, 13 Councillors voted in favour of the proposal with none against and 2 abstentions, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the application be refused for the reason given in the Committee Report:

1.    This application is for enabling purposes to form a link between the existing Health Innovation Campus Road (Sir John Fisher Drive) and the proposed residential development to the north which would result in a continuous means of connectivity from the A6 to Hala Hill in the Broad Location for Growth designation supported by the strategic Local Plan Policy SG1. In the absence of a favourable decision for the proposed residential development north of Bailrigg Lane, the proposed link road in isolation, would result in a significant adverse impact on highway safety and no justification and mitigation measures to compensate for the loss of the Bailrigg Lane hedgerow. The development is therefore contrary to A Local Plan for Lancaster District 2011-2031 Part Two: Review of the Development Management DPD DM29: Key Design Principles and DM45: Protection of Trees, Hedgerows and Woodland.

Reserved matters application for the erection of 70 dwellings.

It was proposed by Councillor Sally Maddocks and seconded by Councillor Robert Redfern:

“That the application be approved subject to the conditions in the Committee Report.”

Upon being put to the vote, 14 Councillors voted in favour of the proposal with none against and 1 abstention, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the application be approved subject to:

1.    Time Limit (2 years).

2.    Approved Plans.

3.    Material samples.

4.    Section 38 Works / Arrangements.

5.    Hard and Soft Landscaping.

6.    Boundary Treatments.

7.    Obscure Glazing.

8.    Pedestrian Link Route Details.

9.    Bin Stores.

10.  Accessibility Homes Details.

11.  Water Mains Details.

In the absence of the Chair and Vice-Chair, it was proposed by Councillor Robert Redfern and seconded by Councillor Joyce Pritchard that Councillor Keith Budden be the Chair of the meeting for item A11 23/01209/PAD Former Skerton High School. With no further nominations received, the proposition was carried.

Resolved:

That Councillor Keith Budden be the Chair for the meeting for item A11 23/01209/PAD.

Prior approval for the demolition of former Skerton High School.

It was proposed by Councillor Robert Redfern and seconded by Councillor Colin Hartley:

“That prior approval is required and that the application for demolition is granted.”

Upon being put to the vote, 13 Councillors voted in favour of the proposal with none against and no abstentions, whereupon the Chair declared the proposal to have been carried.

Resolved:

“That prior approval is required and that the application for demolition is granted.”

Erection of 49 dwellings (C3) with access, associated infrastructure including provision of bus turning circle, open space and landscaping.

A site visit was held in respect of this application on Monday 12^th June 2023 by Councillors Louise Belcher, Martin Bottoms, Dave Brookes, Claire Cozler, Roger Dennison, Alan Greenwell, John Hanson, Paul Newton, Robert Redfern, Sandra Thornberry, Sue Tyldesley and Paul Tynan. In attendance was Principal Planning Officer Jennifer Rehman.

It was proposed by Councillor Keith Budden and seconded by Councillor Sandra Thornberry:

“That the application be approved subject to the completion of the Section 106 Legal Agreement, the conditions in the Committee Report and additional conditions relating to details of the proposed waste and recycling bin storage and an off-site highway mitigation scheme to Carr Lane following successful resolution of negotiations between the Chief Officer Planning and Climate Change and Lancashire County Council as the Local Highway Authority.”

Upon being put to the vote, 12 Councillors voted in favour of the proposal with 1 against and 2 abstentions, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the application be approved subject to:

·       an additional condition regarding waste and recycling bin storage;

·       an additional condition for an off-site highway mitigation scheme to Carr Lane following successful resolution of negotiations between the Chief Officer Planning and Climate Change and Lancashire County Council as the Local Highway Authority;

and subject to the completion of the Section 106 Legal Agreement and conditions set out in the Committee Report:

1.     Time Limit (2 years).

2.     Approved Plans.

3.     Employment Skills Plan.

4.     Construction Environment Method Statement including HRA mitigation (during construction).

5.     Development to be carried out in accordance with the mitigation set out in the PEA, with detailed Reasonable Avoidance Measures (RAMS) first greed in writing by the LPA.

6.     Surface Water Construction Method Statement.

7.     Drainage scheme.

8.     Final finished floor levels and garden/amenity space levels.

9.     Precise details of the sustainable design measures to be incorporated into the design of the dwellings as per the Energy Statement.

10.  Materials and architectural detailing to the dwellings.

11.  Construction details of all access roads, footways and turning facilities and timetable for provision in full.

12.  Full details of the bus turning facilities and bus stop and timetable for provision.

13.  Travel Plan.

14.  Provision of Homeowner Packs.

15.  Precise details of all play equipment and street furniture.

16.  Landscaping Maintenance Scheme.

17.  Suds Maintenance Scheme.

18.  Site Remediation Strategy.

19.  Implementation of approved landscaping scheme.

20.  Parking Provision.

21.  M4(2) to the identified plots.

22.  FRA mitigation.

23.  Obscure glazed windows to plot 1.

24.  Removal of PD rights (extensions, roof additions and outbuildings).

Relevant demolition of existing buildings, erection of five storey building comprising ground floor unit (Use Class E) and hotel (Use Class C1) with roof level plant space/enclosure, ancillary facilities, associated works and landscaping.

It was proposed by Councillor Keith Budden and seconded by Councillor Roger Dennison:

“That the application be approved subject to the conditions in the Committee Report.”

Upon being put to the vote, 15 Councillors voted in favour of the proposal with none against and no abstentions, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the application be approved subject to the following conditions:

1.    Time Limit (3 years).

2.    Accord with amended plans.

3.    Scheme for contractual arrangements for demolition shortly preceding the physical development.

4.    Demolition and construction management plan.

5.    Demolition and construction environmental management plan (including timings for high noise disturbance works, such as piling).

6.    Employment Skills Plan.

7.    Surface Water Sustainable Drainage Strategy.

8.    Sustainable Drainage System Operation and Maintenance.

9.    Bat boxes details.

10.  Flood risk assessment mitigation.

11.  Details and samples of external materials (including natural stone walls sample panels, metal cladding, plant compound, glazing, ventilation, external doors, rainwater goods).

12.  Flood Emergency Procedure plan.

13.  Verification Report of Constructed Sustainable Drainage System.

14.  Cumulative noise emissions assessment from proposed plant and external equipment.

15.  Odour impact assessment and extraction details.

16.  Bicycle storage details.

17.  Off-site highway works (mobility parking and goods vehicle loading bays).

18.  Visitor information packs – HRA mitigation.

19.  Landscaping scheme to front forecourt.

20.  Solar panel details.

21.  External lighting spill plan.

22.  Energy measures and BREEAM excellent rating.

23.  Noise mitigation measures.

24.  Bat survey mitigation measures.

25.  Contamination report measures.

26.  Bins stored on-site except collection days.

Change of use and conversion of existing pump house and erection of front and upwards extensions to create 35 studio apartments for students (C3 use) with associated communal areas.

It was proposed by Councillor Keith Budden and seconded by Councillor Roger Dennison:

“That the application be approved subject to the conditions in the Committee Report.”

Upon being put to the vote, 15 Councillors voted in favour of the proposal with none against and no abstentions, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the application be approved subject to:

·         a Section 106 Legal Agreement to secure £20,000 to the design, implementation and early maintenance of public open space to the north of St George’s Quay;

and subject to the conditions in the Committee Report:

1.    Time Limit (3 years).

2.    Approved Plans.

3.    Scheme for building recording and disseminating history.

4.    Contamination report and remediation.

5.    CEMP (including pollution control, noise and vibration mitigation, construction hours, vehicle movement, and protection of ecology).

6.    Energy efficiency measures.

7.    Employment Skills Plan.

8.    Scheme for precise details of stairwell, door and tiles in this area.

9.    Details and samples of external materials (including cladding, glazing, external doors, rainwater goods).

10.  Ecological mitigation (including bat boxes and planting details).

11.  Drainage connections.

12.  Implement noise mitigation (including glazing, ventilation, fencing).

13.  Precise details of the cycle store and trigger for full implementation.

14.  Security measures.

15.  Homeowner packs – HRA mitigation.

16.  Travel plan mitigation (including use of parking for occupants and employees at Pump House and sustainable travel measures).

17.  Waste storage and collection.

18.  External lighting.

19.  Single Occupation Student Occupation Only.

It was proposed by Councillor John Hanson and seconded by Councillor Jack Lenox:

“That the application be approved subject to the conditions in the Committee Report.”

Upon being put to the vote, 15 Councillors voted in favour of the proposal with none against and no abstentions, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the application be approved subject to the following conditions:

1.    Timescales.

2.    Development to accord with plans.

3.    Materials to match.

4.    Details of the bin and bike store.

The Chief Officer - Planning and Climate Change submitted a Schedule of Planning Applications dealt with under the Scheme of Delegation of Planning Functions to Officers.

Resolved:

That the report be noted.