Planning and Highways Regulatory Committee

PLANNING AND HIGHWAYS REGULATORY COMMITTEE

10.30 A.M. 24 TH NOVEMBER, 2003

PRESENT:- Councillors R. J. Sherlock (Chairman), M. E. Blamire (Vice-Chairman), E. Archer, A. C. Bryning (substitute for E. Jones), K. W. Budden, A. Chapman, S. Charles, S. E. Denwood, J. Gilbert, M. D. Greenall, H. Helme, Jean Jones, P. M. Quinton, J. Ravetz, S. Rogerson and P. Woodruff.

Apologies for Absence :-

Councillor C. Coates, Edna Jones, D. Kerr and J. Taylor.

Officers in Attendance :-

Head of Planning and Building Control D. Hall – Planning and Building Control Services A. Humphreys – Legal Services A. Budworth - Planning and Building Control Services A. Hesketh – Planning and Building Control Services J. Kay – Administration Services

30 SITE VISIT

At the meeting of the Planning and Highways Regulatory Committee held on 27 th October 2003, Members had requested that site visits be held in respect of the following applications:-

03/01174/CU Riverside Caravan Park, Lancaster Road, Heaton With Oxcliffe. Change of use of land from touring caravans to static caravans use. Mr. and Mrs. A. Procter.

03/01096/CU Dale Grove Farm, Burton Road, Tewitfield. Change of use of farm outbuildings to premises for haulage depot. Andrew and Maxine Armistead.

The following Members were present at the Site Visits, which took place on Monday 17 th November, 2003 :-

Councillors R. J. Sherlock, (Chairman), M. E. Blamire, K. W. Budden, A. Chapman, S. Charles, S. E. Denwood, J. Gilbert, H. R. Helme, P. M. Quinton and S. Rogerson.

Officers in Attendance :-

D. Hall – Planning and Building Control Services A. Hesketh – Planning and Building Control Services J. Kay – Administration Services

31 MINUTES

The Minutes of the meeting held on 29 th September, 2003 were signed by the Chairman as a correct record.

32 UPDATE BY HEAD OF PLANNING AND BUILDING CONTROL SERVICES

The Head of Planning and Building Control Services updated Members on the recent legal challenge by a consortium of major house builders against the housing supply figures as PLANNING AND HIGHWAYS REGULATORY COMMITTEE 24 TH NOVEMBER, 2003

identified in the regional planning guidance. He reported that the Council had been advised that this challenge had been dismissed on all grounds, although the full formal judgement would not be released until January. At this stage it was not known what the outcome to the Whinney Carr decision would be. The recent High Court decision supports the position adopted by the City Council regarding the phasing of new residential developments as detailed in Supplementary Planning Guidance Note 16.

Resolved :

That the update be noted.

33 PLANNING APPLICATIONS

The Head of Planning and Building Control Services submitted a Schedule of planning applications and his recommendations thereon.

Resolved: -

(1) That the applications be determined as indicated below (the numbers denote the Schedule numbers of the applications).

(2) That, except where stated below, the applications be subject to the relevant conditions and advice notes, as outlined in the Schedule.

(3) That, except where stated below, the reasons for refusal be those as outlined in the Schedule.

(a) Schedule I

NOTE

A - Approved R - Refused D - Deferred A(C) - Approved with additional conditions A(P) - Approved in principle A(106) - Approved following completion of a Section 106 Agreement W - Withdrawn NO - No objections O - Objections

APPLICATIONS SUBJECT TO PUBLIC PARTICIPATION

Item Application Proposal and Applicant Ward Decision No

Category A Applications

A 1 03/01220/FUL Land Rear of Knowe Hill Farmhouse, Shore SILVERDALE D Road, Silverdale. Creation of new access road from Shore Road to housing development. Two Castles Housing Association.

It was proposed by Councillor M. D. Greenall and seconded by Councillor A. Chapman :-

PLANNING AND HIGHWAYS REGULATORY COMMITTEE 24 TH NOVEMBER, 2003

“That the application be deferred to allow Legal Services to investigate a recent issue that had been highlighted by an objector.”

Upon being put to the vote Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposition to be clearly carried.

(Under the scheme of public participation Mrs Street addressed the Committee as an objector to the following application. Mr Munshi, as applicant, addressed the Committee in support of the application.)

A 3 03/01157/FUL Bowling Green Petrol Station, Scotforth SCOTFORTH D Road, Lancaster. EAST Erection of extension to shop premises, provision of car jet wash and ATM machine. Mr. Munshi.

The main objections to the application, as raised by Mrs Street were detailed as follows :

• Resident of Yealand Drive, part of a small community living behind the garage. • Residents were very anxious about the proposed application. • Concern over the unusual layout of the premises. • The residents would be exposed to the busy life of the garage business. • Concern over the security threat of an ATM. • Entitled to peace and quiet in our homes by law. • Urge the Committee to visit the site.

Mr Munshi, as applicant, reiterated his support for the application as follows :

• The proposed jet wash does not make much noise. • If there was a complaint about the noise, he would do something about it. • ATM would close at the same time as the garage. • CCTV would be used. • Majority of garages have ATMs and jet washes. • The garage is on a main road with Booths next door with deliveries arriving in the middle of the night. • There are 2 pubs nearby – much noisier than a garage.

It was proposed by Councillor J. Gilbert and seconded by Councillor S. E. Denwood :-

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

Upon being put to the vote, 8 Members voted in favour of the proposition and 6 against, whereupon the Chairman declared the proposition to be carried.

With regard to applications D1 and D2, Mrs Prest did not attend the meeting, consequently the applicant was not permitted to speak on the applications. The applications were, therefore, considered after the Public Participation part of the meeting.

PLANNING AND HIGHWAYS REGULATORY COMMITTEE 24 TH NOVEMBER, 2003

APPLICATIONS NOT SUBJECT TO PUBLIC PARTICIPATION

Item Application Proposal and Applicant Ward Decision No

A 2 03/01226/FUL Hest Bank Kennels, 74 Coastal Road, Slyne SLYNE WITH A (C ) With Hest. HEST Replacement of two existing kennels providing accommodation for 4 additional and raising the total number of dogs housed at the site to 91. Mr. and Mrs. I. Robinson.

Approved, subject to the following additional conditions (suitably worded) :-

(1) Amended plans regarding enclosed kennels. (2) Agreement of external materials. (3) Consultees.

Note : Requesting the applicant to consider an amended access as requested by Highways Authority.

A 4 03/00502/FUL Land Between 25 and 29, Castle Hill, CASTLE D Lancaster. Erection of 3 two bedroom apartments. Norman Jacksons Contractors Ltd.

It was proposed by Councillor S. E. Denwood and seconded by Councillor A. Chapman :-

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

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposition to be carried.

A 5 03/01278/CU 328 Oxcliffe Road, Heaton With Oxcliffe, WESTGATE R Lancashire. Change of use of land for siting of 3 gypsy touring caravans for 9 months of the year and widening of existing entrance. T Delaney.

A 6 03/01035/CU Green Hill Farm, Capernwray Road, Borwick. KELLET A (C ) Change of use and conversion of vacant agricultural building to form two holiday cottages. Mr. And Mrs. D. Greenwood.

Permission was granted in accordance with the amended recommendation.

A 7 03/01057/OUT Aspleys Farm, Lower Thurnham, Thurnham. ELLEL A (P ) Outline application for the erection of an agricultural workers dwelling. Mr .and Mrs. R. J. and M. Ayrton and Son.

Approved in principle, and delegated to the Head of Planning and Building Control Services to grant permission once the applicants are in ownership of the land.

PLANNING AND HIGHWAYS REGULATORY COMMITTEE 24 TH NOVEMBER, 2003

Item Application Proposal and Applicant Ward Decision No

A8 03/01130/CU 29 Church Street, Lancaster, Lancashire. DUKES A (C) Change of use from A1 retail to A3 food and drink at ground floor level. R. and H. Properties 1996 Limited.

Approved, subject to an additional condition controlling the closing time of the business of 11.30 p.m. (suitably worded).

A 9 03/01153/FUL Retail Unit Corner of Cable Street, Damside BULK A Street, Lancaster. Erection of mixed use development comprising retail space and student accommodation. Cable Street Developments.

Approved, with an additional note to the applicants requesting consideration of an additional separate toilet in each unit.

A10 03/01230/FUL 362 Heysham Road, Heysham, Lancashire. HEYSHAM A Alterations to shop front including installation CENTRAL of A.T.M. Tesco Stores Plc.

Approved, with an additional advice note requesting Tesco to introduce a window sign to discourage people from parking on double yellow lines.

A11 03/01231/ADV 362 Heysham Road, Heysham, Lancashire. HEYSHAM R Installation of replcement signage. CENTRAL Tesco Stores Plc.

A12 03/01225/FUL Banbury Garage, Westgate, Morecambe. WESTGATE A (P ) Construction of extension to forecourt with associated landscaping. Mr. J. Wilding.

Approved in principle and delegated to the Head of Planning and Building Control to finalise once amended plans have been received.

A13 03/01301/CU Workshop to Eaves Croft, Elmslack Lane, SILVERDALE A Silverdale. Change of use and conversion of joiners workshop to dwelling and erect extension. Mr. and Mrs. R. Shaw.

(Councillor P. Woodruff declared a personal interest in respect of the following item, remained in the room during consideration thereof and did not vote on the application.)

A14 03/01096/CU Dale Grove Farm, Burton Road, Tewitfield. WARTON A (C ) Change of use of farm outbuildings to premises for haulage depot. Andrew and Maxine Armistead.

It was proposed by Councillor P. M. Quinton and seconded by Councillor J. Gilbert:-

PLANNING AND HIGHWAYS REGULATORY COMMITTEE 24 TH NOVEMBER, 2003

“That the application be approved.”

Upon being put to the vote, 12 Members voted in favour of the proposition, 1 against and 2 abstained, whereupon the Chairman declared the proposition to be carried.

Approved, subject to the conditions identified in the original report, plus precise details of access/egress arrangements to be agreed.

The meeting was adjourned at 12.45 p.m. for lunch

The meeting was reconvened at 13.15 p.m.

Item Application Proposal and Applicant Ward Decision No

A15 03/01242/CU Former Conservative Club, Euston Road, POULTON A Morecambe. Change of use of ground floor to offices with additional store/display/demonstration area. D. Dixon.

Approved, subject to additional conditions as required by the County Surveyor and Engineering Services.

A16 03/01124/FUL Sandylands Service Station, Heysham Road, HEYSHAM D Heysham. NORTH Erection of a convenience store, associated car parking, servicing and landscaping. Plessey Investments Ltd.

Deferred at the request of the Head of Planning and Building Control Services to consider further information from the applicants.

(Councillor M. E. Blamire declared a personal interest in respect of the following item, remained in the room during consideration thereof and did not vote on the application.)

A17 03/01364/LB Wyresdale Lodge, Wyresdale Road, JOHN O A Lancaster. GAUNT Listed Building application for the replacement of rotten windows. Williamson Park Ltd.

A18 03/01269/FUL 1 Lincoln Close, Morecambe, Lancashire. WESTGATE R Demolition of existing garage and erection of new garage/workshop and construction of dormers to front and rear. Mr. W. Wilkinson.

A19 03/01306/CU The Parrock, Shore Road, Silverdale. SILVERDALE R Change of use and conversion of existing outbuildings to holiday cottage with garage and studio and creation of new access. Mr. and Mrs. F. Robinson.

PLANNING AND HIGHWAYS REGULATORY COMMITTEE 24 TH NOVEMBER, 2003

Item Application Proposal and Applicant Ward Decision No

A20 03/01174/CU Riverside Caravan Park, Lancaster Road, OVERTON R Heaton With Oxcliffe. Change of use of land from touring caravans to static caravans use. Mr. and Mrs. A. Procter.

Note : Applicants be advised that the Planning Committee would be prepared to consider an amended application with reduced numbers of caravans.

A21 03/01322/REM Blue Hills Cottage, Spring Bank, Silverdale. SILVERDALE A Reserved Matters application for the erection of a detached house. Ian and Lilian Atkins.

(Councillor E. Archer declared a prejudicial interest in respect of the following item, left the room during consideration thereof and did not vote on the application.)

A22 03/01261/LB Victoria Pavilion (Formerly known as the POULTON A (P ) Winter Gardens Theatre), Marine Road Central, Morecambe. Listed Building application for the raising and levelling of the auditorium at ground floor level. Friends Of The Winter Gardens.

Approved in principle, and referred to Government officer for North West.

A23 03/01192/CU 54 Church Street, Lancaster, Lancashire. DUKES A Change of use of basement and ground and first floor to professional services office (Use Class A2). Mrs. L. Byron.

A24 03/01258/FUL 265/266 Marine Road Central, Morecambe, POULTON A Lancashire. Modification of condition no. 2 on application no. 96/00740 to allow opening hours on Fridays and Saturdays until 2:30am and Sundays until midnight. Nurretin Bagis.

Approved, subject to the amendment of condition (1) regarding changes to hours of opening.

Category C Applications

C 1 03/00922/CPA Wray-with-Botton Primar School, School W I T H D R A W N Lane, Wray-with-Botton, Construction of a macadam multi-use games area surrounded by a 3.6metre high welded mesh fence together with access track. Lancashire County Council.

PLANNING AND HIGHWAYS REGULATORY COMMITTEE 24 TH NOVEMBER, 2003

Item Application Proposal and Applicant Ward Decision No

Category D Applications

D 1 03/01268/DPA 3 Lucy Street, Morecambe, Lancashire. POULTON A( C) Demolition of existing garage and change of use of land to public amenity space. Health and Strategic Housing Services.

Approved, subject to an additional condition regarding hours of work as required by Environmental Health Services.

D 2 03/01311/CON 3 Lucy Street, Morecambe, Lancashire. POULTON A(C ) Application for consent to demolish a garage in a conservation area. Health and Strategic Housing Services.

Approved, subject to an additional condition relating to the reuse of existing wall materials and an advice note regarding the relocation of the post box.

D 3 03/01285/DPA Alfred Street Workshops, Alfred Street, BULK A Lancaster. Continuation of permission 01/00081/DPA for units 7, 8 and 9. Lancaster City Council.

(b) Schedule II.

The Head of Planning and Building Control Services submitted a Schedule of Planning Applications dealt with under the Scheme of Delegation of Planning Functions to Officers.

Resolved: -

That the report be noted.

33 URGENT BUSINESS

The Chairman advised Members of a matter of Urgent Business that he had agreed to consider at the meeting. With regard to Minute 34 (Application 03/01090/CU – Lee End Farm), a decision was required as a matter of urgency as the applicant had a deadline for a grant application prior to the next meeting of the Committee.

34 URGENT ITEM OF BUSINESS - APPLICATION 03/01090/CU – LEE END FARM

Members were requested to consider an item of Urgent Business, Planning Application 03/01090/CU, Lee End Farm – Change of use and barn conversion of a redundant barn to provide accommodation for dog handlers attending training seminars and erection of 8 dog kennels.

It was proposed by Councillor S. Charles and seconded by Councillor P. M. Quinton :-

“That the application be approved with the conditions as set out in the report.”

PLANNING AND HIGHWAYS REGULATORY COMMITTEE 24 TH NOVEMBER, 2003

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposition to be carried.

Resolved :

That the application be approved with the conditions as set out in the report.

35 ENFORCEMENT SCHEDULE

It was reported that this item requires clarification and would be resubmitted at the next meeting.

Resolved :

That the enforcement schedule be resubmitted at the next meeting.

36 QUARTERLY UPDATE OF SERVICE BUSINESS PLAN

The Head of Planning and Building Control Services presented the quarterly update of the Services Business Plan, which highlighted the targets and the performance of the service.

Resolved :

That the report be noted.

37 CLOSURE OF FOOTPATHS IN RYELANDS ESTATE, LANCASTER

The Head of Planning and Building Control Services submitted a report which requested Members to consider the closure of footpaths in Ryelands Estate in Lancaster.

It was proposed by Councillor M. E. Blamire and seconded by Councillor K. W. Budden :

“That the Head of Legal Services be instructed to make a Highways Act 1980 Section 118 Public Path Extinguishment Order in accordance with the report.”

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposition to be carried.

Resolved :

That the Head of Legal Services be instructed to make a Highways Act 1980 Section 118 Public Path Extinguishment Order in accordance with the report.

38 DIVERSION OF FOOTPATH NUMBER 8 (PART), CARNFORTH

The Head of Legal Services submitted a report which requested Members to consider the diversion of footpath number 8 (part), Carnforth.

Members expressed concern that a decision was being requested before the pubic consultation had taken place.

Members were advised that the diversion process was subject to statutory procedures that included amongst other things the consideration of any objections to such proposals received following public notice in the local press.

PLANNING AND HIGHWAYS REGULATORY COMMITTEE 24 TH NOVEMBER, 2003

It was proposed by Councillor M. E. Blamire and seconded by Councillor M. D. Greenall :

“That the Head of Legal Services be instructed to make a Footpath Diversion Order in respect of Footpath 8 (part) Carnforth in accordance with the report.”

Upon being put to the vote, 7 Members voted in favour of the proposition and 7 voted against, whereupon the Chairman using his casting vote declared the proposition to be carried.

Resolved :

That the Head of Legal Services be instructed to make a Footpath Diversion Order in respect of Footpath 8 (part) Carnforth in accordance with the report.

39 CHANGES TO PARKING STANDARDS

Members considered a report of the Head of Planning and Building Control Services which detailed proposed changes to the parking standards for new developments under the revised County standards, and requested Members to adopt the Draft “Access and Parking” Supplementary Guidance of the Joint Lancashire Structure Plan, as an interim measure for development control purposes.

It was proposed by Councillor M. E. Blamire and seconded by Councillor P. M Quinton :

“(1) That the report be noted.

(2) That the Draft “Access and Parking” Supplementary Planning Guidance of The Joint Lancashire Structure Plan be adopted for development control purposes as an interim measure, pending its formal approval by the Joint Authorities following its consideration in the forthcoming Examination in Public. The implementation of the new standards should be monitored on an annual basis to assess their practicality and effectiveness.”

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposition to be carried.

Resolved: -

(1) That the report be noted.

...... Chairman

(The meeting ended at 3.00 p.m.)

Any queries regarding these Minutes, please contact J Kay, Democratic Support Officer, on Lancaster 582065, or alternatively e-mail [email protected]