Agenda and minutes

Minutes of meeting held on 16 September, 2019 (previously circulated). 

The minutes of the meeting held on 16^th September 2019 were signed by the Chair as a correct record.

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 Richard Austen-Baker declared an interest in agenda item A5 19/00746/FUL Lower Addington Farm, Birkland Barrow Road, Nether Kellet. The reason being that he knows one of the public speakers personally.

Planning Officer Andrew Drummond declared an interest in agenda item A5 19/00746/FUL Lower Addington Farm, Birkland Barrow Road, Nether Kellet. The reason being that he knows one of the public speakers personally. Andrew Drummond stated that he would take no part in the deliberation of this application.

APPLICATIONS SUBJECT TO PUBLIC PARTICIPATION

Under the scheme of public participation, Dr Robin Jackson spoke against the application, and Richard Wooldridge spoke in favour of the application.

It was proposed by Councillor Richard Austen-Baker and seconded by Councillor Tim Dant:

“That the application be refused for the following reason:

The development will have a detrimental impact on the character and appearance of the landscape, including the incongruous and urbanising impact on this rural area. The proposal is therefore contrary to the aims and objectives of the Sections 12 and 15 of the National Planning Policy Framework, Saved Policy E4 of the Lancaster District Local Plan, and Policies DM28 and DM35 of the Development Management Development Plan Document.”

Upon being put to the vote, 8 Members voted in favour of the proposition, with 7 against, whereupon the Chair declared the proposal to be carried.

Resolved:

That the application be refused for the following reason:

The development will have a detrimental impact on the character and appearance of the landscape, including the incongruous and urbanising impact on this rural area. The proposal is therefore contrary to the aims and objectives of the Sections 12 and 15 of the National Planning Policy Framework, Saved Policy E4 of the Lancaster District Local Plan, and Policies DM28 and DM35 of the Development Management Development Plan Document.

The meeting adjourned at 11:35 A.M. and reconvened at 11:45 A.M.

Retrospective change of use of retail unit (A1) to takeaway (A5) and installation of a flue to the rear elevation

Under the scheme of public participation, Paul Cusimano spoke against the application, and Chris Weetman spoke in favour of the application.

It was proposed by Councillor Keith Budden and seconded by Councillor Malcolm Thomas:

“That Planning Permission be granted, subject to the conditions set out in the Committee Report, with the addition of a timetable for the completion of conditions 3 and 4.”

Upon being put to the vote, 7 Members voted in favour of the proposition and 5 against, with 3 abstentions, whereupon the Chair declared the proposal to be carried.

Resolved:

That Planning Permission be granted subject to the following conditions:

1.         Development to accord to approved plans.

2.        The use shall not commence until a scheme for the treating, diluting and dispersing of fumes and odours has been implemented.

3.         The existing flue shall be painted in a slate grey matt finish within 3 months of the date of consent and this shall be maintained at all times thereafter.

4.         The existing shopfront shall be painted in a heritage Victorian DH red colour within 3 months of the date of consent.

Under the scheme of public participation, Ward Councillor Tim Hamilton-Cox spoke against the application.

It was proposed by Councillor Robert Redfern and seconded by Councillor Janice Hanson:

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

Upon being put to the vote, 10 Members voted in favour of the proposition, with 5 abstentions, whereupon the Chair declared the proposal to be carried.

Resolved:

That planning permission be granted, subject to the following conditions:

1.            Approved Drawings.

2.            Offsite Highway works implementation.

3.            Access Works implementation.

4.            Written Scheme of Investigation for Phase II.

5.            Surface Water Drainage Scheme.

6.            Retention of measures for refuse provision, drop off, cycle storage and cycle runners. Detail for Phase II to be agreed separately.

7.            Phase II offsite highway works to be submitted.

8.            Ventilation scheme for Phase I in accordance with approved scheme.

9.            Landscaping for Phase I in accordance with approved scheme.

10.          Public Realm surfacing for Phase I in accordance with approved scheme.

11.          External materials for Phase I in accordance with approved scheme.

12.          Boundary Treatments for Phase I in accordance with approved scheme.

13.          CEMP to be submitted associated with Phase II.

14.          Vegetation clearance condition associated with Phase II.

15.          Finished Floor Levels agreed on Phase I to be provided associated with Phase II.

16.          Development in accordance with the approved phasing plan.

17.          Approved Glazing scheme for Phase I.

18.          Crime prevention measures implemented for Phase I – Phase II to be submitted.

19.          Approval of this application for sustainable energy measures – Phase II to be submitted.

20.          Development in accordance with the approved Flood Evacuation Plan.

21.          Satellite systems to be in accordance with approved detail for Phase I; Phase II to be submitted.

22.          Development in accordance with the approved Travel Plan associated with the development.

23.          Deliveries, servicing and maintenance in accordance with the agreed details.

24.          Foul water drainage scheme to be developed in accordance with the approved scheme.

25.          Remediation Certificate in connection with any contaminated land.

26.          Restriction on soils.

27.          Development in accordance with the submitted AIA.

28.          Development in accordance with the submitted FRA.

29.          Development to be occupied by only students.

30.          Phase I to be cleaned and maintained in accordance with the approved façade cleaning and maintenance strategy.

31.          Lighting for Phase I to be in accordance with the approved detail. Detail for Phase II to be submitted.

32.          Permitted Development Rights  ...  view the full minutes text for item 65.

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

Councillor Joyce Pritchard left the meeting at this point and did not return.

It was proposed by Councillor Robert Redfern and seconded by Councillor Richard Austen-Baker:

“That Planning Permission be granted, subject to the conditions set out in the Committee Report, with an amendment to condition 9 to itemise the works under Phase 1 and again under Phase 2, with all works to be undertaken prior to occupation or the development being brought into use, whichever the earlier.  If Phase 2 works cannot be undertaken within this timescale, then they shall be implemented in accordance with a timetable that has been previously submitted to, and agreed in writing by, the Local Planning Authority.”

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

Resolved:

That Planning Permission be granted subject to the following conditions:

1.         Development in accordance with the approved plans.

2.         Surface Water Drainage including management and maintenance plan.

3.         Building Materials (Accommodation blocks, refuse, motorcycle, cycle and refuse stores, fencing and gates and acoustic fencing).

4.         Ventilation details.

5.         Electric Vehicle Charging Points.

6.         Car Parking in accordance with approved details including submission of a car parking management plan.

7.         Cycle and motorcycle parking facilities.

8.         Hand Soft Landscaping Scheme.

9.         Offsite highway works to be itemised under Phase 1 and again under Phase 2, with all works to be undertaken prior to occupation or the development being brought into use, whichever the earlier.  If Phase 2 works cannot be undertaken within this timescale, then they shall be implemented in accordance with a timetable that has been previously submitted to, and agreed in writing by, the Local Planning Authority.

10.       Contamination and remediation partly agreed under application 18/00637/VCN.

11.       Details of Access Road & Connection to Highway as agreed under application 18/00637/VCN.

12.       Implementation of Environmental Management Plan as agreed under application 18/00637/VCN.

13.       Finished floor levels as agreed under application 18/00637/VCN.

14.       Foul Drainage Scheme as agreed under application 18/00637/VCN.

15.       Security Measures as agreed under application 18/00637/VCN.

16.       Noise Assessment and Glazing Specification as agreed under application 18/00637/VCN.

17.       Scheme to Permanently Close Southern Access as agreed under application 18/00637/VCN.

18.       Student Accommodation Only.

It was proposed by Councillor Keith Budden and seconded by Councillor Robert Redfern:

“That Listed Building consent be granted, subject to the conditions set out in the Committee Report.”

Upon being put to the vote, Councillors voted unanimously in favour of the proposition, whereupon the Chair declared the proposal to be carried.

Resolved:

That Listed Building Consent be granted subject to the following conditions:

1.         Listed Building 3 year timescale.

2.         Development to accord to approved plans.

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.