Item 6 Planning Committee Held

ITEM 6

PLANNING COMMITTEE HELD: 25 JULY 2013 Start: 7.30 p.m. Finish: 22.50 p.m.

PRESENT: Councillor Pope (Chairman) Councillor Blane (Vice-Chairman)

Councillors: Bell Mrs. Houlgrave Mrs. Blake Jones Davis O’Toole Delaney Owen Dereli Mrs. Stephenson Mrs. C. Evans Sudworth Fowler West Griffiths Westley Mrs. Hopley Wright J. Hodson Wynn

Officers: Assistant Director Planning (Mr. J. Harrison) Planning Control Team Leader (Mrs. C. Thomas) Legal and Member Services Officer (Mr. M. Jones) Principal Planning Officer (Mrs. A. Veevers) Principal Planning Officer (Miss. G. Whitfield) Member Services Officer (Mrs. J.A. Ryan)

In attendance: Councillor Baybutt

19. APOLOGIES

Apologies for absence were submitted on behalf of Councillor Hennessy.

20. MEMBERSHIP OF THE COMMITTEE

In accordance with the Council Procedure Rule No. 4, the Committee noted the termination of Councillors Bailey, Mrs. Baybutt, Ms. Melling, L. Hodson, Pye and Cheetham and the appointments of Councillors Jones, Mrs. C. Evans, Mrs. Hopley, Wright, Delaney and Sudworth for this meeting only, thereby giving effect to the wishes of the Political Groups.

21. DECLARATIONS OF INTEREST

1. Councillor J. Hodson declared a pecuniary interest in respect of planning application 2013/0104/OUT relating to Site of Former Greaves Hall Hospital, Greaves Hall Avenue, Banks as he owns property in close proximity to the application site and therefore left the Chamber during consideration of this item. 2. Councillor J. Hodson declared a pecuniary interest in respect of planning application 2013.0300/FUL relating to Land East of Wrights Covert, Toogood Lane, Wrightington as a close family member lives near to the application site and therefore left the Chamber during consideration of this item. PLANNING COMMITTEE HELD: 25 JULY 2013

3. Councillors Griffiths declared a pecuniary interest in respect of planning application 2013/0394/FUL relating to Ormskirk Indoor Market, Moorgate, Ormskirk as he owns commercial and domestic premises opposite the application site and therefore left the Chamber during consideration of this item. 4. Councillors Jones in respect of planning application 2013/0466/FUL relating to the Stanley Arms, St. Michael’s Road, Aughton advised that he had a pre- determined view on the item and that accordingly he would not take any part in the decision making process and would leave the Chamber during consideration of this item. 5. Councillor J. Hodson declared a pecuniary interest in relation to Agenda Item 8 – Enforcement Item No E/2013/0079/UAU in relation to the Equestrian Centre, Leisure Lakes, The Gravel, Mere Brow as he knows the owner of the site in question and therefore left the Chamber during consideration of this item.

22. URGENT BUSINESS, IF ANY, INTRODUCED BY THE CHAIRMAN

There were no urgent items of business.

23. DECLARATIONS OF PARTY WHIP

There were no declarations of Party Whip.

24. MINUTES

RESOLVED: That the minutes of the meeting held on the 20 June 2013 be approved as a correct record and signed by the Chairman.

25. PLANNING APPLICATIONS

The Assistant Director Planning submitted a report containing the Schedule of Planning Applications (all prefixed 2013) unless otherwise stated) as contained on pages 357 to 516 of the Book of Reports and on pages 569 to 578 giving details of late information.

RESOLVED: A. That the undermentioned Planning Applications/Listed Building Consent Applications be approved subject to conditions in the schedule and the late information:-

0466/FUL; 0150/OUT; 2012/0617/LBC 0158/FUL;

B. It was noted that planning application 0329/FUL relating to NWWA Hillhouse Waste Water Treatment Works, Wood Lane, Great Altcar had been withdrawn by Officers following the submission of additional ecological information by the applicant. PLANNING COMMITTEE HELD: 25 JULY 2013

C. That in respect of planning application 0394/FUL relating to Ormskirk Indoor Market, Moorgate, Ormskirk

(i) That the decision to grant planning permission be delegated to the Assistant Director Planning in consultation with the Chairman and Vice-Chairman of the Planning Committee subject to:-

(a) the applicant entering into a planning obligation under S.106 of the Town and Country Planning Act 1990 to secure a financial contribution for the provision of a full review and implementation of additional waiting restrictions and resident only car parking facilities in the vicinity of the site unless, following negotiation, one is found not to be justified by evidence and; (b) no significant additional adverse comments being received from neighbours and consultees.

(ii) That any planning permission granted by the Assistant Director Planning pursuant to recommendation (i) above be subject to the conditions as set out on pages 405 to 409 of the Book of Reports and to the additional conditions and reasons as below:-

Condition 12 No unit of accommodation shall be occupied until a scheme for protecting the proposed residential units from the surrounding road traffic and commercial sources has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the agreed scheme shall be implemented in full, maintained and operated in accordance with the approved details.

Reason To safeguard the occupiers of the proposed development from excessive noise intrusion and so comply with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan and Policy GN3 in the Submission version of the West Lancashire Local Plan 2012-2027 Development Plan Document.

Condition 13 No unit shall be occupied by a use falling within Class A3, A4 or A5 of the Town and Country Planning (Use Classes) Order 2005 (as amended) until full details of the kitchen extraction system have been submitted to and approved in writing by the Local Planning Authority. Thereafter the equipment shall be installed, maintained and operated in accordance with the approved details. PLANNING COMMITTEE HELD: 25 JULY 2013

Reason To safeguard the occupiers of the proposed development from excessive odour intrusion and so comply with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan and Policy GN3 in the Submission version of the West Lancashire Local Plan 2012-2027 Development Plan Document.

Condition 14 All fire doors on the ground floor rear elevation shall be kept closed when not in use as a fire exit.

Reason To safeguard the occupiers of the proposed development and nearby residents from excessive noise intrusion and so comply with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan and Policy GN3 in the Submission version of the West Lancashire Local Plan 2012- 2027 Development Plan Document.

Condition 15 No unit shall be occupied by a use falling within Class A3 or A4 of the Town and Country Planning (Use Classes) Order 2005 (as amended) until full details of the specification of the fire doors or any internal lobby arrangement have been submitted to and approved in writing by the Local Planning Authority. Thereafter the fire doors and/or lobby arrangements shall be installed, maintained and operated in accordance with the approved details.

Condition 16 No unit shall be occupied by a use falling within Class A3, A4 or A5 of the Town and Country Planning (Use Classes) Order 2005 (as amended) until full details of the sound insulation between the commercial unit and the residential unit above has been submitted to and approved in writing by the Local Planning Authority. Thereafter the sound insulation shall be installed and maintained in accordance with the approved details. PLANNING COMMITTEE HELD: 25 JULY 2013

D. That in respect of planning application 2012/0618/COU relating to West Wing Lathom House, Lathom Park

(i) That the decision to grant planning permission be delegated to the Assistant Director of Planning in consultation with the Chairman and Vice-Chairman of the Planning Committee subject to the Health and Safety Executive raising no objections. (ii) That any planning permission granted by the Assistant Director Planning pursuant to recommendation (i) above be subject to the conditions as set out on pages 432 to 434 of the Book of Reports.

E. That in respect of planning application 0104/OUT relating to Greaves Hall Hospital, Greaves Hall Avenue, Banks

(i) That the decision to grant planning permission be delegated to the Assistant Director of Planning in consultation with the Chairman and Vice-Chairman of the Planning Committee subject to the applicant entering into an obligation agreement under S.106 of the Town and Country Planning Act 1990 to secure the provision of a viable level of affordable housing; to provide and maintain protected species and biodiversity mitigation on the site; to secure a financial contribution of £70,000 for sutstainable transport measures/improvements in the locality; and, to define the phased delivery of the commercial development and public open space. (ii) That any planning permission granted by the Assistant Director Planning pursuant to recommendation (i) above be subject to the conditions as set out on pages 457 to 466 of the Book of Reports.

F. That planning application 0538/FUL relating to Smithy Nook Farm, Drummersdale Lane, Scarisbrick be refused for the following reason:- PLANNING COMMITTEE HELD: 25 JULY 2013

The development conflicts with Policy DS2 of the West Lancashire Replacement Local Plan GN1 of the West Lancashire Local Plan (Submission Version), Supplementary Planning Guidance ‘Domestic Extensions and Outbuildings and Replacement Dwellings in the Green Belt’ (March 2007) and advice given in the National Planning Policy Framework, in that due to its siting, scale and design, it would result in a disproportionate extension to the original dwelling to the extent that it would detract from the openness and visual amenity of the Green Belt.

G. That planning application 0300/FUL relating to Land East of Wrights Covert, Toogood Lane, Wrightington be refused for the following reasons:-

1. The proposed development conflicts with Policies DS2 and GD1 of the West Lancashire Replacement Local Plan, the National Planning Policy Framework and Policy GN3 of the Submission Document West Lancashire Local Plan DPD (2012-2027), in that the introduction of a tall columnar man- made angular feature into this undulating picturesque natural environment devoid of any structure of this scale will have a detrimental effect on the visual amenity of the area and character of the wider landscape. The introduction of a single turbine of the proposed scale in this location would detrimentally detract from the visual amenity of the landscape and the very special circumstances advanced do not override the adverse impact upon the visual amenity of the Green Belt and the character of the landscape. 2. The proposed development is contrary to Policy EN1 of the West Lancashire Replacement Local Plan and Policy EN2 of the West Lancashire Local Plan Submission Version in that insufficient information has been provided to enable a full ecological assessment to be made relating to European protected species (bats) and the ornithology of the area. 3. The proposal is contrary to GD1 of the West Lancashire Replacement Local Plan and Policy GN3 of the Submission Document West Lancashire Local Plan DPD (2012-2027) in that insufficient information has been submitted to determine if a 500kW wind turbine in this location (based on the assessment of a candidate turbine), will be able to comply with current standards for wind energy projects by way of noise with consequent detriment to the amenity of nearby residents.

(Notes:- 1. In accordance with the procedure for public speaking on planning applications on this Committee:- (a) Members of the public spoke in connection with application no. 2013/0466/FUL; 2013/0104/OUT and 2013/0158/FUL PLANNING COMMITTEE HELD: 25 JULY 2013

(b) Parish Clerk Mrs. I. Roberts from Aughton Parish Council spoke in connection with application no. 2013/0466/FUL 2. Councillor J. Hodson had declared a pecuniary interest in respect of planning application 2013/0104/OUT relating to the Site of Former Greaves Hall Hospital, 22 Greaves Lane Avenue Banks and therefore took no part in the decision making process in this application. 3. Councillor Jones left the Chamber during consideration of planning application 2013/0466/FUL and therefore took no part in the debate and decision making process. 4. Councillor J. Hodson had declared a pecuniary interest in respect of planning application 2013/0300/FUL relating to Land East of Wrights Covert, Toogood Lane, Wrightington and therefore took no part in the decision making process in this application. 5. Councillor Griffiths had declared a pecuniary interest in respect of planning application 2013/0394/FUL relating to Ormskirk Indoor Market, Moorgate, Ormskirk and therefore took no part in the decision making process in this application. 6. Councillor Mrs. Blake left the Chamber during consideration of planning application 2013/0538/FUL relating to Smithy Nook Farm, Drummersdale Lane, Scarisbrick and therefore took no part in the decision making process in this application. 7. Councillor Mrs. Baybutt left the Chamber after consideration of planning application 2013/0300/FUL relating to Land East of Wrights Covert, Toogood Lane, Wrightington and was not present for the remainder of the meeting.

26. ENFORCEMENT ITEMS

The Assistant Director Planning submitted a report containing detail s of enforcement items as contained on pages 517 to 528 of the Book of Reports.

RESOLVED: A. That in relation to Enforcement Items E/2012/0152/UST, E/2013/0079/UAU and E/2012/0130/UAU:-

(a) That the Borough Solicitor be authorised to issue notices of the types and under the Sections of the Town and Country Planning Act 1990 and the Planning (Listed Building and Conservation Areas) Act 1990 as amended and set out in the report, requiring the steps to be taken within the time periods and for the reasons as set out in the report but subject to an amendment to the time period in respect of enforcement item E/2012/0130/UAU from 4 months to 6 months. (b) That the Borough Solicitor be authorised to take proceedings where any steps required by the notice are not taken within the period for compliance and the Assistant Director Planning be authorised to enter the land and take those steps. In the event of the Assistant Director Planning having to take such action he be authorised to recover the expenses reasonably incurred. (c) That the Assistant Director Planning be authorised to withdraw, vary and re-issue notices if subsequent information indicates this to be necessary. PLANNING COMMITTEE HELD: 25 JULY 2013

(Notes: 1. Councillor Mrs. Hopley left the Chamber during consideration of Agenda Item 8 – Enforcement Items and therefore took no part in the decision making processes in relation to this item. 2. Councillors Griffiths and Westley left the Chamber at the conclusion of Agenda Item 8 – Enforcement Items and were not present for the remainder of the meeting ).

27. COMMUNITY INFRASTRUCTURE LEVY - DRAFT CHARGING SCHEDULE

Consideration was given to the report of the Assistant Director Planning as contained on pages 529 to 551 of the Book of Reports the purpose of which was to inform Members of the proposed Community Infrastructure Levy (CIL) rates as set out within the Draft Charging Schedule.

RESOLVED: That the contents of the report and the CIL rates within the draft schedule be noted.

------CHAIRMAN -