Agenda and draft minutes

To receive as a correct record the Minutes of meeting held on 28^th October2024 (previously circulated). 

The minutes of 28^th October 2024 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 Tim Hamilton-Cox declared an interest in agenda item A7 24/00033/FUL Land between 3 and 5 Dalton Road, Lancaster. The reason being that he had previously called in an application on this site. Councillor Hamilton-Cox stated that he would recuse himself from the meeting for the duration of consideration of this item.

There were no other declarations of interest.

Relevant demolition of part of front boundary wall, demolition of existing building and outline planning application for the erection of up to 51 dwellings and the creation of new vehicular and pedestrian accesses, retaining walls and regrading of land.

Under the scheme of public participation, Rachael Tedd, Jayne Crow, Jenny Jackson, Matthew Kneale, Maxine Jackson and Philip Wood all spoke in opposition to the application. Paul Tunstall (JWPC Ltd) responded in favour, with Ward councillor James Somerville also speaking in opposition.

A site visit in respect of this application had been held on Monday 18^th November 2024 by Councillors Louise Belcher, Dave Brookes, Keith Budden, Alan Greenwell, Martin Gawith, Colin Hartley, Margaret Pattison and Robert Redfern. In attendance was Planning Manager Mark Jackson.

It was proposed by Councillor Martin Gawith and seconded by Councillor Martin Bottoms:

“That the application be approved subject to delegate authority to the Chief Officer – Planning and Climate Change to ensure:

·         an alleged drainage annotation is removed from the access plan;

·         await Natural England confirming they concur with the Council’s HRA conclusions;

·         completion of the planning obligation;

and subject to the conditions in the Committee Report.”

Upon being put to the vote, 8 Councillors voted in favour of the proposal with 3 against and 4 abstentions, whereupon the Chair declared the proposal to have been carried.

Resolved:

That the application be approved subject to delegate authority to the Chief Officer – Planning and Climate Change to ensure:

·         an alleged drainage annotation is removed from the access plan;

·         await Natural England confirming they concur with the Council’s HRA conclusions;

·         the satisfactory completion of a Legal Agreement within 3 months of the date of this Committee meeting, and in the event that a satisfactory Section 106 Agreement is not concluded within the timescale above, or other agreed extension of time, delegate authority to the Chief Officer – Planning and Climate Change to refuse planning permission on the grounds that the obligations which make the development acceptable have not been legally secured;

and subject to the following conditions:

·         Provision of a 40% affordable housing, with precise details determined at reserved matters stage;

·         Financial contributions for open space calculated at reserved matters stage to go towards the equipped play area, provision of young persons facilities and improvements to the playing pitch at the village recreation area;

·         Provision of on-site amenity greenspace;

·         Setting up of a management company; and

·         Management and Maintenance of all landscaping, unadopted roads, lighting and drainage infrastructure, on-site open space, and on-site watercourses;

·         Biodiversity net gain, including an updated metric at the time of a reserved matters application, which continues to demonstrate 10% net gain and a Landscape and Ecological Creation and Management Plan showing 30 year management and investigation of peat on site and scheme for compensation/ re-use;

and subject to the following conditions:

1.    Timescale for submission of reserved matters application.

2.    Development in accordance with Approved Plans (location plan and access).

3.    Final surface  ...  view the full minutes text for item 64.

Outline planning application for the erection of up to 12 2-storey dwellings and creation of 2 new accesses (pursuant to the variation of condition 2 on planning permission 20/00358/OUT to amend the location of the pedestrian access).

It was proposed by Councillor Keith Budden and seconded by Councillor Colin Hartley:

“That the application be approved subject to an additional condition pertaining to housing mix, the removal of EV charging from condition 12, and the conditions in the Committee Report and a Deed of Variation to vary the original S106 Agreement.”

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 an additional condition pertaining to housing mix, the removal of EV charging from condition 12, and the conditions in the Committee Report and a Deed of Variation to vary the original S106 Agreement to tie it to this permission and the following conditions, which includes the updated wording to condition 2 to cover the submitted plans:

1.    Time limit and submission of reserved matters.

2.    In accordance with plans.

3.    Land contamination condition.

4.    Submission of a surface water drainage scheme.

5.    Submission of a surface water drainage scheme during construction.

6.    Submission of access details.

7.    Submission of site level details.

8.    Hedge translocation and delivery of visibility splays.

9.    Off site highway works.

10.  Provision of pedestrian linkage.

11.  Boundary treatments.

12.  Cycle stores.

13.  Submission of foul drainage scheme.

14.  Verification / maintenance for surface water drainage.

15.  Ecological enhancements.

16.  Homeowner packs.

17.  Specification of internal estate road.

18.  Ecological mitigation measures (site specific).

19.  Houses to be NDSS compliant.

20.  Houses to be compliant with M4(2) Building Regulations.

21.  Removal of permitted development.

22.  Subject to the scheme agreed under condition 8, retention of hedge.

Advertising application for the display of 2 post mounted signs.

It was proposed by Councillor Keith Budden and seconded by Councillor Dave Brookes:

“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.    Standard 5 Year Timescale for Advertisements.

2.    Development in accordance with approved plans.

3.    No advertisement is to be displayed without the permission of the owner of the site.

4.    No advertisement shall be sited or displayed so as to obscure or hinder various transportation signs or signals.

5.    Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site.

6.    Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

7.    Where an advertisement is required under the Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

Demolition of 3 existing garages, erection of a dwelling (C3) with associated landscaping and access.

Under the scheme of public participation, Nicole Carrasik spoke in opposition to the application. The agent had been invited to respond but was not present at the meeting; Ward Councillor Caroline Jackson also spoke in opposition.

It was proposed by Councillor Sally Maddocks and seconded by Councillor Martin Bottoms:

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

Upon being put to the vote, 13 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 refused for the reasons given in the Committee Report.

Erection of front porch incorporating canopy/hipped roof, erection of single storey front, side and rear extensions to an existing single storey side extension, demolition of existing conservatory, removal of 2no. chimneys, re-roof over and installation of flue.

It was proposed by Councillor Keith Budden and seconded by Councillor Dave Brookes:

“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.

Variation of condition 1 of planning approval 01/99/0541 to allow retention of existing landfill gas electricity generating compound until it is no longer required for the management of landfill gas.

It was proposed by Councillor Sandra Thornberry and seconded by Councillor Dave Brookes:

“That the City Council has no objection to the proposal subject to the retention of any other conditions associated with the parent consent, or other safeguards, that ensure the removal of all equipment following the cessation of the use.”

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 City Council has no objection to the proposal subject to the retention of any other conditions associated with the parent consent, or other safeguards, that ensure the removal of all equipment following the cessation of the use.

Variation of condition 1 of planning approval 01/02/0689 to allow retention of existing landfill gas electricity generating compound until it is no longer required for the management of landfill gas.

It was proposed by Councillor Sandra Thornberry and seconded by Councillor Tim Hamilton-Cox:

“That the City Council has no objection to the proposal subject to the retention of any other conditions associated with the parent consent, or other safeguards, that ensure the removal of all equipment following the cessation of the use.”

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 City Council has no objection to the proposal subject to the retention of any other conditions associated with the parent consent, or other safeguards, that ensure the removal of all equipment following the cessation of the use.

Variation of condition 1 of planning approval 01/04/1631 to allow retention of existing landfill gas electricity generating compound until it is no longer required for the management of landfill gas.

It was proposed by Councillor Sandra Thornberry and seconded by Councillor Alan Greenwell:

“That the City Council has no objection to the proposal subject to the retention of any other conditions associated with the parent consent, or other safeguards, that ensure the removal of all equipment following the cessation of the use.”

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 City Council has no objection to the proposal subject to the retention of any other conditions associated with the parent consent, or other safeguards, that ensure the removal of all equipment following the cessation of the use.

The Service Manager – Development Management submitted a quarterly report on the performances of both the Planning Enforcement Team and the Applications Team.

Resolved:

That the report be noted.

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.</AI24>

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