PLANNING and HIGHWAYS REGULATORY COMMITTEE Date

Committee: PLANNING AND HIGHWAYS REGULATORY COMMITTEE

Date: TUESDAY, 7 MAY 2013

Venue: LANCASTER TOWN HALL

Time: 10.30 A.M.

A G E N D A

1. Apologies for Absence

2. Minutes

Minutes of meeting held on 8 April 2013 (previously circulated).

3. Items of Urgent Business authorised by the Chairman

4. Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda. Members 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 10 and in the interests of clarity and transparency, Members 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, Members 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.

Planning Applications for Decision

Community Safety Implications

In preparing the reports for this agenda, regard has been paid to the implications of the proposed developments on Community Safety issues. Where it is considered the proposed development has particular implications for Community Safety, this issue is fully considered within the main body of the report on that specific application.

Category A Applications

Applications to be dealt with by the district council without formal consultation with the county council.

5 A5 13/00209/VCN Lancaster Moor Hospital, John (Pages 1 - 5) Quernmore Road, Lancaster O'Gaunt Ward

Extension of time limit on application 07/00556/OUT for outline planning application for residential use (up to 440 dwellings) involving the residential conversion of the annexe and Campbell House, demolition of existing buildings and associated access, car parking and landscaping (pursuant to the variation of condition 18 on planning application 11/00379/RENU to remove the requirement for a signalised junction at Quernmore Road/Derwent Road junction) for Homes And Communities Agency, Story Homes And PJ Livesey

6 A6 13/00232/REM Lancaster Moor Hospital, John (Pages 6 - Quernmore Road, Lancaster O'Gaunt 15) Ward

Approval of reserved matters (layout, scale and appearance) of 197 dwellings, associated internal road layout, car parking, boundary treatments and landscaping for Story Homes

7 A7 13/00265/RENU Land At Badgers Wood, Overton (Pages 16 - Middleton, Lancashire Ward 25)

Renewal of planning permission 09/01188/FUL for the erection of 33 no. dwellings with associated external works for PRV Middleton Towers In Administration

8 A8 12/01192/FUL Greenlands Farm, Burton Road, Kellet Ward (Pages 26 - Priest Hutton 35)

Change of use of two agricultural buildings into (1) multi purpose leisure use and (2) workshop and retail use, part of yard into car park, removal of redundant silos/water towers and installation of four photovoltaic panels on each converted building for Mr Roger Mason

9 A9 13/00035/FUL Silverdale Hotel, Shore Road, Silverdale (Pages 36 - Silverdale Ward 43)

Combined sewer separation works, new sewage treatment plant, new soakaway, new pump house, new grease separator and general modifications to existing drainage (revision of 12/00305/FUL) for Marstons Pub Co

10 A10 13/00036/LB Silverdale Hotel, Shore Road, Silverdale (Pages 44 - Silverdale Ward 49)

Listed building application for combined sewer separation works, new sewage treatment plant, new soakaway, new pump house, new grease separator and general modifications to existing drainage (revision of 12/00418/LB) for Marstons Pub Co

11 A11 13/00223/CU The Knoll, Westbourne Road, Castle (Pages 50 - Lancaster Ward 55)

Change of use from resource centre (B1) to create single residential dwelling (C3) for Mrs D Whittle

12 A12 13/00301/LB The Knoll, Westbourne Road, Castle (Pages 56 - Lancaster Ward 59)

Listed building application for internal alterations to facilitate the change of use of building into a residential dwelling for Mrs D Whittle

Category D Applications

Applications for development by a district council.

13 A13 13/00240/FUL 8 Ennerdale Avenue, Morecambe, Westgate (Pages 60 - Lancashire Ward 63)

Erection of a single storey extension to the side to form bedroom and bathroom for disabled person for Mr Tom Greenwood

14 A14 13/00295/LB Assembly Rooms, King Street, Duke's (Pages 64 - Lancaster Ward 67)

Listed Building Application for remedial works to part of ceiling, re-

pointing of south facing gable wall and repair plaster cornice in dance hall for Mr John Campbell

Other items:-

15 List of Delegated Planning Decisions (Pages 68 - 73)

16 Planning Enforcement Schedule (Pages 74 - 81)

ADMINISTRATIVE ARRANGEMENTS

(i) Membership

Councillors Keith Budden (Chairman), Roger Sherlock (Vice-Chairman), Eileen Blamire, Dave Brookes, Roger Dennison, Sheila Denwood, Helen Helme, Tony Johnson, Andrew Kay, Margaret Pattison, Robert Redfern, Sylvia Rogerson, Richard Rollins, Ron Sands and Paul Woodruff

(ii) Substitute Membership

Councillors June Ashworth, Chris Coates, Mike Greenall, Tim Hamilton-Cox, Janice Hanson, David Smith, Keith Sowden, Susan Sykes and Malcolm Thomas

(iii) Queries regarding this Agenda

Please contact Tom Silvani, Democratic Services: telephone (01524 582132) or email [email protected].

(iv) Changes to Membership, substitutions or apologies

Please contact Members’ Secretary, telephone 582170, or alternatively email [email protected].

MARK CULLINAN, CHIEF EXECUTIVE, TOWN HALL, DALTON SQUARE, LANCASTER, LA1 1PJ

Published on 23 April 2013. Page 1 Agenda Item Committee Date AgendaApplication Item Number 5

A5 7 May 2012 13/00209/VCN

Application Site Proposal

Lancaster Moor Hospital Extension of time limit on application 07/00556/OUT Quernmore Road for outline planning application for residential use (up Lancaster to 440 dwellings) involving the residential conversion Lancashire of the annexe and Campbell House, demolition of existing buildings and associated access, car parking and landscaping (pursuant to the variation of condition 18 on planning application 11/00379/RENU to remove the requirement for a signalised junction at Quernmore Road/Derwent Road junction)

Name of Applicant Name of Agent

Homes And Communities Agency, Story Homes And Mr Vincent Ryan PJ Livesey

Decision Target Date Reason For Delay

31 May 2013 N/A

Case Officer Mr Andrew Drummond

Departure No

Summary of Recommendation Approval

1.0 The Site and its Surroundings

1.1 The site is located on the very eastern fringe of Lancaster approximately 1.5 miles from the City Centre. It is situated on the north side of Quernmore Road, from which it is accessed. The site is generally bounded by stone walls and mature trees and hedgerows and covers an area of approximately 16 hectares.

The site falls significantly from west to east and is dominated by the massive Listed Annexe building. This is prominently located on the high ground at the western side of the site, with commanding views towards the east and high visibility from the M6, Quernmore Road and the rising land in that direction. Further former hospital buildings were grouped within the western side of the site, to the north of the Annexe. These were mostly of stone under slate construction, date from the early 1900s. The best and most prominent of these is Campbell House which frames the northern side of the disused cricket pitch. It has been retained. The eastern side of the site consists mostly of grassed areas.

The whole site contains a large number of mature trees, but the heaviest concentrations and the oldest and largest trees are located around the buildings. There is also an area of dense, immature woodland in the north east corner of the site. A blanket Tree Preservation Order No. 381 (2006) A1 and A2 covers the site and all of its trees.

1.2 To the east of the site lies an unsurfaced but walled field access track with open agricultural pastures beyond, extending north, east and south east to the nearby M6 motorway and then beyond into the rising land of an open, drumlin field, pastoral landscape. To the south and on the same side of Quernmore Road lies an area of land owned by the Hospital Trust, comprising a Social Club, a disused bowling green and Primary Care Trust Offices, while on the south side of the road lies an Page 2 extensive area of recently developed housing within the grounds of the original Lancaster Moor Hospital. To the west lie areas of play fields, open ground and immature woodland with a cemetery, the Ridge Lea Hospital and Lancaster Farm Young Offenders Prison beyond.

1.3 Access to the site is through two road junctions onto Quernmore Road, one at each end of the site frontage and a pedestrian access in the centre of the frontage. Two main access roads run through the site either side of the Annexe building and a network of smaller roads gives access to the other buildings. The boundary wall along the Quernmore Road frontage, its railings, gates, gateposts and steps forming the original entrances to the Annexe building are also separately Listed at Grade II status.

1.4 The site is allocated primarily as a Housing Opportunity Site by saved policy H3 in the Lancaster District Local Plan. The Annexe building is also identified as a Business Opportunity Site by saved policy EC17. The existing cricket ground and bowling greens are identified as Outdoor Playing space by saved policy R1 and the east and north margins of the site are identified as Urban Green Space by saved policy E29. The saved Supplementary Planning Guidance note (SPG2) sets out a Development Brief for the site.

2.0 The Proposal

2.1 The application seeks to partially vary Condition 18 on planning permission 11/00379/RENU to remove the requirement for a signalised junction at Quernmore Road/Derwent Road junction

3.0 Site History

3.1 The four most recent and relevant applications relating to this site are:

4.0 Consultation Responses

4.1 The following responses have been received from statutory and internal consultees:

Consultee Response Page 3 County Highways No formal comments have been received during the statutory consultation period. However, the Highway Authority has considered the application and has verbally reported their support for the removal of the requirement for a traffic light controlled junction at Derwent Road/Quernmore Road. The Highway Authority wishes to prioritise pedestrian movements over vehicular ones at this junction and has requested the installation of a zebra crossing in this regard. Police Acknowledges receipt of the consultation and passed the details onto their Traffic Management Facilitator. No comments received within the statutory consultation period. Environmental No comments beyond those reported on earlier applications. Health Tree Officer No objection. Environment No objection. Agency English Heritage Do not consider that it is necessary for the application to be notified to English Heritage.

5.0 Neighbour Representations

5.1 One comment has been received within the statutory consultation period objecting to the application on the basis that the application does not adequately address the additional traffic generated by the development on the residential street of Derwent Road which serves 3 schools and has narrow pavements.

6.0 Principal Development Plan Policies

6.1 National Planning Policy Framework (NPPF)

The National Planning Policy Framework indicates that the purpose of the planning system is to contribute to the achievement of sustainable development. At the heart of the NPPF is a presumption in favour of sustainable development ( paragraph 14 ). The following paragraphs of the NPPF are relevant to the determination of this proposal:

Paragraph 17 sets out 12 core land-use planning principles which should underpin both plan-making and decision taking. The principles which are relevant to this application state that planning should: be genuinely plan-led; be a creative exercise in finding ways to enhance and improve the places in which people live their lives; take account of the needs of the residential communities; and actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable. Paragraphs 32 and 35 require safe and suitable access to the site to be achieved for all people. Improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe. Developments should be located and designed to give priority to pedestrian and cycle movements, and have access to high quality public transport facilities

6.2 Development Plan Weighting

Paragraphs 214 and 215 of the NPPF advise on the weight that can be attributed to existing policies within the authority’s Development Plan. Paragraph 214 states that “For 12 months from the day of publication (of the NPPF, which was published on 27 March 2012), decision-takers may continue to give full weight to relevant policies adopted since 2004, even if there is a limited degree of conflict with this Framework” . Paragraph 215 continues by stating that, “In other cases and following this 12- month period, due weight should be given to relevant policies in existing (Development) Plans according to their degree of consistency with this Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given)” . In the Lancaster District, the Development Plan consists of the Regional Spatial Strategy, the Lancaster District Core Strategy, and the Saved Policies of the Lancaster District Local Plan. Relevant policies of each document are referred to over the following pages.

6.3 Lancaster District Core Strategy (adopted July 2008) Page 4 Policy SC1 (Sustainable Development) - development should be located in an area where it is convenient to walk, cycle or travel by public transport between homes, workplaces, shops and other facilities. Policy E2 (Transportation Measures) - this policy seeks to reduce the need to travel by car whilst improving walking and cycling networks and providing better public transport services.

6.4 Lancaster District Local Plan – saved policies (adopted April 2004)

Policy H19 (Site Layout and Amenities) – in Lancaster, Morecambe, Heysham and Carnforth, new residential development within existing housing areas will be permitted where there is no loss of open/green spaces, it does not adversely effect the amenities of nearby residents, it provides high standard of amenity, and it makes satisfactory provision for disposal of sewerage, waste water, servicing, access and car and cycle parking.

6.5 Supplementary Planning Guidance (SPG)

SPG2 (Lancaster Moor Development Brief - June 1998) - is the adopted development brief for this site and the Lancaster Moor south site, which has already been developed, as well as the Hospital Trust land on the north side of Quernmore Road which lies outside the boundary of this application (though comes with the caveat that aspects of the document are out of date due to changes in circumstances since its original adoption). Nevertheless this document still provides the Council's adopted (general) guidance for the development of this site, the aim of which is to provide a new use for the main buildings, protect their setting, and retain an attractive edge to the built environment. It goes on to identify Quernmore Road as having sufficient capacity to accommodate likely traffic flows from the site. However, developments that could significantly increase traffic volumes within the area will be required to provide suitable road safety measures at Lancaster Royal Grammar School, on Quernmore Road, to the west.

6.6 Emerging Local Plan Policies (draft Development Management DPD - Autumn/Winter 2012)

The Council is in the early stages of preparation of an emerging Local Plan and has now completed the first Preferred Options consultation on the Development Management DPD. Whilst in the early stages of the plan process, policies in the emerging Local Plan are a material consideration. However, the degree of weight that can be afforded to these policies varies depending on stage of preparation of the emerging plan, the extent to which there are unresolved objections to relevant policies and the degree of consistency with the Framework (paragraph 216 of the NPPF). Limited weight can therefore be afforded to the following draft policies that received no significant objections and are relevant to this application:

EC6.1 Enhancing Accessibility and Linkages - Development proposals should make best use of existing public transport services and where appropriate provide opportunities to improve and sustain the viability of those services, ensure that there is convenient access for walking and cycling to local facilities, make appropriate provision for parking, be designed and located to ensure the provision of safe streets, and seek to maximize the efficiency of capacity on the existing transport and highway network. EC6.4 Transport Efficiency and Travel Plans - Development proposal should make appropriate contributions towards improvement in the transport network and transport infrastructure, particularly to walking, cycling and public transport use. Proposals that generate significant traffic movements on the local highway network should be accessed through a variety of methods of transport. A Travel Plan will be required where the development involves significant residential development. It will need to demonstrate that appropriate mitigation of transport impacts of the proposal can be achieved.

7.0 Comment and Analysis

7.1 The main issue arising from this application is: 1. Highway safety and efficiency

7.2 The Highway Authority has reviewed the transport assessment submitted in support of the application and agrees with its findings. There is no requirement for traffic lights at Derwent Road/Quernmore Road for the junction to operate effectively. Furthermore, County Highways is of Page 5 the opinion that such works would encourage additional rat-running along Derwent Road; something that the Highway Authority wishes to avoid. However, the Highway Authority has advised that pedestrian movements across this junction need to be given preference to vehicle movements and therefore there is a need for a zebra crossing at this point. This would assist walkers travelling along Quernmore Road to cross the mouth of Derwent Road. County Highways has advised that local residents would be consulted prior to the installation of such a crossing and if the principle of the crossing was deemed to be acceptable then the crossing would be funded by some of the s106 monies that the developer has already paid toward road safety schemes (see 7.3 below).

7.3 The associated legal agreement requires the payment of £500,000 to be used towards the following: 1. the provision or enhancement of a bus service linking the Development with Lancaster city centre including increased peak hour services and potential evening and Sunday services; 2. new cycle/footpath routes linking the site to the Nightingale Hall Farm development and onwards to Derwent Road 3. the 20mph limit road safety scheme in the East Road area of Lancaster in the vicinity of the Royal Grammar School Whilst the phrasing of the third point is not replicated word-for-word in Condition 18, the requirement for traffic calming measures in the East Road/Freehold/Royal Grammar School area is essentially the same. Given the £500,000 transport contribution has been paid by the applicant to be used to cover the 3 points above, it is deemed appropriate to remove the duplication from Condition 18.

8.0 Planning Obligations

8.1 A Deed of Variation has previously been entered into by the applicant that effectively links the existing s106 agreement to any subsequently approved s73 application to vary or remove planning conditions on the outline planning consent. The planning obligations set out in the existing s106 agreement would therefore be legally tied to the varied outline planning permission if Members are minded to approve this application without the need for any further legal documentation.

9.0 Conclusions

9.1 Planning conditions can only be applied if they are reasonable. The transport assessment undertaken by the applicant has been verified by the Highway Authority using their local knowledge and highway expertise. It is therefore concluded that the introduction of traffic lights at the junction of Derwent Road and Quernmore Road, that back in 2007 were deemed necessary to serve the development, are no longer required. Furthermore the requirement for traffic calming measures in Condition 18 is replicated in the associated legal agreement, and therefore should also be removed.

Recommendation

That Condition 18 attached to Planning Permission 11/00379/RENU BE VARIED to state:

18. No development shall commence until a scheme of off site highway improvements has been submitted to, and approved in writing by, the Local Planning Authority. The improvements to be included are: - The access road(s) and connection(s) to the existing highway; The approved scheme of improvements shall be implemented and completed prior to the occupation or trading from the buildings. Reason: In the interest of highway safety and to encourage sustainable transport modes.

Human Rights Act

This recommendation has been reached after consideration of the provisions of The Human Rights Act. Unless otherwise stated in this report, the issues arising do not appear to be of such magnitude to override the responsibility of the City Council to regulate land use for the benefit of the community as a whole, in accordance with national law.

Background Papers

None. Page 6 AgendaAgenda Item Item 6 Committee Date Application Number

A6 29 May 2013 13/00232/REM

Application Site Proposal

Lancaster Moor Hospital Approval of reserved matters (layout, scale and Quernmore Road appearance) of 197 dwellings, associated internal Lancaster road layout, car parking, boundary treatments and Lancashire landscaping

Name of Applicant Name of Agent

Story Homes Mr Vincent Ryan

Decision Target Date Reason For Delay

7 June 2013 N/A

Case Officer Mr Andrew Drummond

Departure No

Summary of Recommendation Approval

1.0 The Site and its Surroundings

1.2 To the east of the site lies an unsurfaced but walled field access track with open agricultural pastures beyond, extending north, east and south east to the nearby M6 motorway and then beyond into the rising land of an open, drumlin field, pastoral landscape. To the south and on the same side of Quernmore Road lies an area of land owned by the Hospital Trust, comprising a Social Club, a disused bowling green and Primary Care Trust Offices, while on the south side of the road lies an extensive area of recently developed housing within the grounds of the original Lancaster Moor Hospital. To the west lie areas of play fields, open ground and immature woodland with a cemetery, the Ridge Lea Hospital and Lancaster Farm Young Offenders Prison beyond.

1.3 Access to the site is through two road junctions onto Quernmore Road, one at each end of the site frontage and a pedestrian access in the centre of the frontage. Two main access roads run through Page 7 the site either side of the Annexe building and a network of smaller roads gives access to the other buildings. The boundary wall along the Quernmore Road frontage, its railings, gates, gateposts and steps forming the original entrances to the Annexe building are also separately Listed at Grade II status.

2.0 The Proposal

2.1 The Reserved Matters application is seeking approval for 197 dwellings, associated internal road layout, car parking, boundary treatments and landscaping.

2.2 The layout is organic (non-linear) in approach utilising the clusters of protected trees to create small street blocks, of which there are 11 across the site. The majority of the properties are 2 storey detached houses, with short terraces of 3 storey properties and semi-detached 2.5 storey properties primarily utilised on the eastern boundary. About a third of the houses will be 3-bed with the majority being 4-bed properties. The properties closest to the Annexe building will be constructed of red sandstone with reclaimed slate roofs. Other houses in this group will also have reclaimed slate roofs and most will have some elevations finished in red sandstone. The houses facing the eastern boundary will have new slate roofs with the majority finished in a buff stone. Elsewhere on the site the houses will be finished in a mix of buff brick and render with thin edged roof tiles, though more prominent properties will have stone and slate finishes.

2.3 The boundary and surface treatments vary across the site. Stone walls, fencing and railings are used to define private and public spaces. The key connecting roads are proposed to be finished in tarmac with block paved shared surfaces serving small groups of houses. In contrast a tegula block is proposed for the central area of the site.

3.0 Site History

3.1 The six most recent and relevant applications relating to this site are:

Application Number Proposal Decision 07/00556/OUT Outline application for residential use (up to 440 dwellings) Approved involving the residential conversion of the Annexe and Campbell House, demolition of existing buildings and associated access, car parking and landscaping 11/00379/RENU Extension of time limit on application 07/00556/OUT for Approved outline planning application for residential use (up to 440 dwellings) involving the residential conversion of the annexe and Campbell House, demolition of existing buildings and associated access, car parking and landscaping 12/00985/LB Listed Building Application for the selective partial Approved demolition and associated alterations to Lancaster Moor Hospital and demolition of various buildings within its curtilage 12/01155/FUL Upgrading of east and west access junctions, including Approved repositioning of gate posts, walls and railings, and layout of access road and footpath to serve new housing development 13/00122/VCN Outline planning application for residential use (up to 440 Approved dwellings) involving the residential conversion of the Annexe and Campbell House, demolition of existing buildings and associated access, car parking and Page 8 landscaping (pursuant to the variation of conditions 1, 2, 10, 15, 16, 17, 18, 20, 21, 26, 31, 32 and 33 of planning application 11/00379/RENU relating to the timing of the provision of details required by condition, the introduction of a phasing plan for delivery, revisions to the demolition plan and revisions to requirements in relation to energy efficiency and renewable energy measures) 13/00209/VCN Extension of time limit on application 07/00556/OUT for Pending outline planning application for residential use (up to 440 dwellings) involving the residential conversion of the annexe and Campbell House, demolition of existing buildings and associated access, car parking and landscaping (pursuant to the variation of condition 18 on planning application 11/00379/RENU to remove the requirement for a signalised junction at Quernmore Road/Derwent Road junction)

4.0 Consultation Responses

4.1 The following responses have been received from statutory and internal consultees:

Consultee Response County Highways No comments received during the statutory consultation period. County Ecology No comments received during the statutory consultation period. English Heritage Do not feel that it is necessary for this application to be notified to English Heritage. Conservation No comments received during the statutory consultation period. Tree Officer No objection subject to the consideration of additional tree retention to the north east corner of the site and the following conditions: Landscape Plan drawing nos: LO3–01; LO3- 02; LO3- 03; and LO3- 04 must be implemented in full. Landscape and Wildlife Management Plan (2013-2033), dated 01.03.13 (Rev.2) must be implemented in full. No storage of machinery, vehicles, equipment or materials on soft ground within 10m of any existing tree; no chemical dumps, cement washout areas established within 10m of any existing trees; no site fires. Arboricultural Method Statement (AMS) and a detailed Tree Works Schedule shall be submitted to and agreed in writing by the local planning authority prior to commencement. The development shall then be carried out in accordance with such agreed details. Environmental No objection subject to the same conditions being applied to any Reserved Matters Health approval as set out on the outline planning permission. Natural England The application is not likely to result in significant impacts on statutory designated sites, landscapes or species. It is for the local authority to determine whether or not this application is consistent with national or local policies on biodiversity and landscape and other bodies and individuals may be able to help the Local Planning Authority (LPA) to fully take account of the environmental value of this site. Environment No objection in principle to the proposed development subject to the inclusion Agency of conditions which meet the following requirements: Development shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) Ref 2630 Feb 2013 and its identified mitigation measures Surface water drainage scheme for the site based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority prior to commencement Contaminated land conditions, including remediation strategy and verification report United Utilities No comments received during the statutory consultation period. Fire Safety Officer No comments received during the statutory consultation period. Page 9 Lancaster Civic No objection . Society Police Do not wish to comment at this stage.

5.0 Neighbour Representations

6.0 Principal National and Development Plan Policies

6.1 National Planning Policy Framework (NPPF)

Paragraph 17 sets out 12 core land-use planning principles which should underpin both plan-making and decision taking. The principles which are relevant to this application state that planning should: be genuinely plan-led; secure high quality design and a good standard of amenity for all, support the transition to a low carbon future in a changing climate, conserve and enhance the natural environment, conserve heritage assets, make the fullest possible use of public transport, walking and cycling and improve health, social and cultural wellbeing for all. Paragraphs 32, 34 and 35 requires decisions to be made that ensure developments that generate significant movements are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised. Development should be located and designed, where practical, to give priority to pedestrian and cycle movements, have access to high quality public transport facilities, create safe and secure layouts and consider the needs of people with disabilities by all modes of transport. This is support by paragraph 36 which states that a key tool to facilitate this will be a Travel Plan. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe. Paragraph 49 (housing) - housing application should be considered in the context of the presumption in favour of sustainable development. Paragraphs 56, 58 and 60 require good design. Good design is a key aspect of sustainable development. Developments should function well and add to the overall quality of the area, not just in the short term, but over the lifetime of the development. Good design should seek to promote or reinforce local distinctiveness without stifling innovation or originality. Paragraph 73 (open space and recreation) - access to high quality open spaces and opportunities for sport and recreation can make an important contribution t the health and wellbeing of communities. Paragraph 96 (energy efficiency) in determining planning applications Local Planning Authorities should expect new development to minimise energy consumption. Paragraph 109 requires the planning system to contribute to and enhance the natural and local environment. In particular, valued landscapes should be protected and enhanced and the impacts on biodiversity minimised. Paragraph 118 sets out a number of principles which should aim to preserve and enhance biodiversity. The guidance set out in paragraph 118 indicates that where development causes significant harm, with no adequate mitigation or compensation proposed and accepted as commensurate to the harm, that the development should be refused. Paragraphs 131, 132 and 134 (conservation) - Local planning authorities should identify and assess the particular significance of any heritage asset that may be affected by a proposal (including by development affecting the setting of a heritage asset) taking account of the available evidence and any necessary expertise. In determining planning applications, local planning authorities should take account of the desirability of new development making a positive contribution to local character and distinctiveness. When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use. Page 10 Paragraph 121 (Contamination) - account is taken of ground conditions including adequate site investigation information prepared by a competent person, identification of pollution arising from previous uses, and appropriate mitigation. After remediation as a minimum the land should not be capable of being determined as contaminated land. Paragraph 123 (noise) states that decisions should aim to avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of a new development.

6.2 Development Plan Weighting

6.3 Lancaster District Core Strategy (adopted July 2008)

Policy SC1 (Sustainable Development) - development should be located in an area where it is convenient to walk, cycle or travel by public transport between homes, workplaces, shops and other facilities. Policy SC2 (Urban Concentration) - 90% of new dwellings and 95% of new employment floorspace to be provided in the urban areas of Lancaster, Morecambe, Heysham and Carnforth. Policy SC5 (Achieving Quality in Design) - new development must reflect and enhance the positive characteristics of its surroundings, creating landmark buildings of genuine and lasting architectural merit. Policy ER2 (Regeneration Priority Area) – Regeneration Priority Areas of local importance include north east Lancaster. The regeneration of the Lancaster Moor Hospital area which reflects the District’s ambitions on sustainable development, balanced communities and design quality and reflects the importance of this area in shaping perceptions of the District. Policy E1 (Environmental Capital) - development should protect and enhance nature conservation sites and heritage assets, minimise the use of land and non-renewable energy, properly manage environmental risks such as flooding, make places safer, protect habitats and the diversity of wildlife species, and conserve and enhance landscapes. Policy E2 (Transportation Measures) - this policy seeks to reduce the need to travel by car whilst improving walking and cycling networks and providing better public transport services.

6.4 Lancaster District Local Plan – saved policies (adopted April 2004)

Policy E29 (Urban Greenspaces) - these areas will be protected from development and where appropriate enhanced. Exceptionally, essential education or community related development or the limited expansion of existing uses will be permitted. Preamble to Policy E34 - the City Council will seek to preserve the setting of Listed buildings by applying appropriate control to the design of neighbouring development, the use of adjoining land, traffic management measures and the preservation of trees and landscape features. Policy H3 (Housing Opportunity Sites) - Lancaster Moor is allocated as a Housing Opportunity Site. Policy H12 (Layout, Design and Use of Materials) - new housing developments will only be permitted which exhibit a high quality of design and local distinctiveness. Policy H19 (Site Layout and Amenities) – in Lancaster, Morecambe, Heysham and Carnforth, new residential development within existing housing areas will be permitted where there is no loss of open/green spaces, it does not adversely effect the amenities of nearby residents, it provides high standard of amenity, and it makes satisfactory provision for disposal of sewerage, waste water, servicing, access and car and cycle parking.

6.5 Supplementary Planning Guidance (SPG)

SPG2 (Lancaster Moor Development Brief - June 1998) - is the adopted development brief for this Page 11 site and the Lancaster Moor south site, which has already been developed, as well as the Hospital Trust land on the north side of Quernmore Road which lies outside the boundary of this application (though comes with the caveat that aspects of the document are out of date due to changes in circumstances since its original adoption). Nevertheless this document still provides the Council's adopted (general) guidance for the development of this site, the aim of which is to provide a new use for the main buildings, protect their setting, and retain an attractive edge to the built environment.

6.6 Emerging Local Plan Policies (draft Development Management DPD - Autumn/Winter 2012)

CSC1 Design of Development - New development will be required to deliver a high quality of design which makes a positive contribution to its locality and creates a positive sense of place, creating or enforcing local distinctiveness, a high level of energy efficiency, and has no detrimental impact to the residential amenity of neighbouring properties. EC6.1 Enhancing Accessibility and Linkages - Development proposals should make best use of existing public transport services and where appropriate provide opportunities to improve and sustain the viability of those services, ensure that there is convenient access for walking and cycling to local facilities, make appropriate provision for parking, be designed and located to ensure the provision of safe streets, and seek to maximize the efficiency of capacity on the existing transport and highway network. EC6.4 Transport Efficiency and Travel Plans - Development proposal should make appropriate contributions towards improvement in the transport network and transport infrastructure, particularly to walking, cycling and public transport use. Proposals that generate significant traffic movements on the local highway network should be accessed through a variety of methods of transport. A Travel Plan will be required where the development involves significant residential development. It will need to demonstrate that appropriate mitigation of transport impacts of the proposal can be achieved. EN1.2 Open Space, Sports and Recreation - Development proposals will be expected and encouraged to provide appropriate contributions towards open space provision either through the provision of on-site facilities or a financial contribution towards the creation or enhancement of off- site recreational spaces. Proposals within the vicinity of open spaces will be required to incorporate design measures that ensure there are no negative impacts on amenity, ecological value and functionality of the space. EN2.1 Enhancement of Biodiversity - Development proposals should aim to conserve and enhance biodiversity. Opportunities should be taken where appropriate to achieve beneficial measures within the design and layout of the development by maintaining and enhancing important features. EN2.2 Development and Landscape Impact - Development proposals through their siting, scale, massing, materials and design should seek to positively integrate with the surrounding landscape and architectural character of the surrounding built and historic environment. EN5.2 Surface Water Run-off and SUDS - Development proposals are required to follow the drainage hierarchy - attenuation, discharge directly to a watercourse, discharge to a surface water drain and lastly discharge to a combined sewer. Sustainable drainage systems should be utilised wherever practical. Any discharge should be reduced to Greenfield run-off rates wherever feasible.

7.0 Comment and Analysis

7.1 The key issues arising from this Reserved matters application are: Design and layout Landscaping and open space Impact on heritage assets Access and parking Nature conservation Noise and contamination Page 12 Drainage Sustainable construction

7.2 Design and Layout

The design of the scheme has been subject to a number of pre-application meetings and has evolved as the applicant has undertaken site surveys and addressed Officers' comments. The scheme is organic in layout, creating groups of properties within the landscaped parkland. By using house types, elevational materials, boundary treatments and surface materials carefully the submitted scheme proposes character areas that will assist future users to navigate through the site whilst creating a positive environment in which to live and visit. The use of established tree groups, retention of the piggery walls and creation of woodland walkways and open spaces all enhance the development. Though the proposed house types are of the applicant's standard design, small changes have been negotiated, including materials, to provide some local distinctiveness. Furthermore, the applicant has designed the layout so that houses are orientated to face the public frontages of the site, namely the eastern boundary and those facing the Annexe building in the south west corner. Overall the scheme is well considered and is considered to be acceptable.

7.3 Landscaping, Protected Trees and Open Space Provision

Trees across the whole site are dominant landscape features, providing a high level of visual amenity, contributing to the appearance and character within the site and the wider locality, and as such are subject to Tree Preservation Order no.381 (2006). The trees also provide significant greening and screening benefits which are hugely important in and around existing buildings; these are benefits that will become extremely important within the overall layout and future use of the site. Existing trees are also an important resource for a range of wildlife communities including protected species, such nesting birds and bats.

There are significant implications for protected trees within the site. The applicant has submitted an Arboriculture Implications Assessment. A total of 96 trees have been identified for removal, in addition to 22 groups of trees and 7 partial groups of trees. By and large the proposals retain many trees to the boundary areas, retaining much of the amenity value. However, the proposals remove the majority of trees to the north-east corner of the site, and therefore the Tree Officer has requested that consideration should be given to the potential to retain more of the existing plantation within this locality. Unfortunately this is not achievable given the need to drain the site adequately (as discussed later in the report). This is disappointing, but ultimately the Tree Officer is not objecting their removal.

New planting has been proposed to plant individual trees, groups of trees and new native woodland planting within the site and around the existing boundary areas. The proposals are suitable in terms of species, location, size at planting and quantity of trees, and shrub planting. Management proposals have been identified for a 20 year period which is also acceptable.

Proposed boundary treatments may have the potential to adversely impact upon retained trees. A detailed Arboriculture Method Statements (AMS) will be required where works are proposed within identified root protection areas. The AMS must be in compliance to BS 5837 (2012 Trees in relation to design, construction and demolition. Furthermore works to trees may be required to construct the development or gain access to the various areas of the site. A Tree Works Schedule will also be required to ensure those trees that are proposed for retention are adequately protected and appropriately lopped during the construction phases.

The retention of the woodland areas on the site provides opportunities for more informal play. With the exception of the open space in the north east corner of the site that will be finished with a grass surface after the installation of the subterranean attenuation tanks, most of the landscaped areas will have tree cover. A woodland trail is proposed around the site that will be interspersed with appropriate play equipment to complement more traditional forms of play equipment found in adjacent areas, such as Standen Gate and Williamson Park. In total 8 equipped areas are proposed. In time residents of this parkland development will also have access to the cricket pitch area immediately to the south of this development site, which is to be retained as open space.

7.4 Impact on heritage assets Page 13 The proposed development of 197 houses covers a significant area of the parkland associated with the Annexe building. Despite this, the actual impact on the setting of the 2 heritage assets within the wider site (Annexe building and Campbell House) is actually very limited due to the presence of the protected trees and the site's topography. The Listed buildings are separated from the proposal by established trees with the exception of the south west corner of the parkland where a row of proposed houses would sit across from the Annexe building. The palate of materials chosen for these properties has been considered carefully to create a transition between the old and the new. Whilst the property types are new in design, they would utilise traditional materials of red sandstone and natural slate to acknowledge the need to have a sensitive interface between the two elements. Their associated parking arrangements have also been considered to respect the setting of the Listed building. The other impact relates to more fleeting views that southbound travellers on the M6 motorway get of the site. Given that the Annexe building is set upon the higher ground within the site, and predominantly the parkland development is on a lower part of the site, the roofscape of the development forms the foreground of one of the views of the Annexe building. The layout and the roof materials have therefore been discussed at length during pre-application meetings to ensure the form of development proposed respects the setting of the Annexe building. It is the view of Officers, including the Conservation Officer, that the application has appropriately addressed both of these impacts, and that the impact on Campbell House is protected due to the presence of trees which are to be retained as part of the development.

7.5 Access and Parking

Access into the site is from Quernmore Road via an access road approved under planning application 12/01155/FUL. This consent, which is shortly to be implemented, will provide the necessary public access to the development. It will need to be completed prior to the occupation of the first dwelling to ensure safe and adequate access. In addition to the public access, the developer is seeking to use a construction access point in the north west corner of the site where the adjacent road abuts the boundary wall and an existing access is available. The details of this access arrangement and the wall details of the section of the site boundary to be infilled at the end of the construction period should be conditioned as part of any approval.

The house types have also been considered in terms of the garage sizes. The garages, whether integral to the house or detached, are all 5m in length by at least 2.5m in width and so can accommodate the majority of private motor vehicles. The use of these garages should be controlled by condition to ensure that they are available for the parking of vehicles. This helps to control the level of parking available across the site whilst improving the streetscenes by limiting the amount of overflow parking on the highway. Whilst some visitor parking bays are to be created immediately adjacent to the highway network within the site, the provision of driveways and/or garages for each property will help reduce the demand for on-street parking.

A Travel Plan has been submitted with the application. Comments on its content are awaited from County's Travel Plan Officer.

7.6 Nature Conservation

Prior to commencing the enabling works at this site, the developers and the Homes and Community Agency (HCA) applied and were granted a Bat Licence from Natural England to undertake the necessary mitigation measures to ensure that the protected species (bats) were appropriately handled. The measures agreed, including the provision of bat boxes, have been implemented and this satisfies the relevant condition on the outline planning consent. In addition, there were requirements for a Landscape and Wildlife Management Plan and a Habitat Protection and Creation Scheme. Further work has been undertaken by the applicant in this regard, with the former receiving a positive response from the Tree Officer. To date, no response has been received from County Ecology, but it is the Case Officer's opinion that documentation submitted is acceptable and the measures set out within should be implemented in full.

7.7 Noise and Contamination

The site falls at its closest point only 70m away from the M6 motorway, which is slightly elevated from the eastern boundary of the site. The application has therefore been submitted with a noise assessment that sets out a number of mitigation measures to protect future residents. These mitigation measures include acoustic fencing and walls around private amenity spaces and glazing Page 14 and ventilation details to properties on the eastern edge of the site. In addition, the developer has proposed the use of semi-detached and terraced properties along this frontage that vary in height, but are predominantly 2.5 or 3 storey. The additional breadth and height of these properties will assist the developer in protecting the amenity of the gardens and properties behind. The mitigation measures are deemed to be acceptable to the Environmental Health department and as such their full implementation along with controls over hours of construction and pile driving should be conditioned.

The Contaminated Land Officer within the same department is also satisfied with the comprehensive work that has already been undertaken and is currently ongoing. The site has been assessed for contamination and the Officer is relaxed about the findings. Further work is underway relating to geotechnical analysis, especially on made ground (land that may previously been filled) to inform the type of foundations that will be required. However, whilst undertaking this work the applicant's consultants are analysing the content of the made ground and until such time as the results are available, the Contaminated Land Officer requests that the standard contamination conditions are still applied to any approval. However, if progress is made prior to Committee on this matter there may be changes to one of the proposed conditions. Any changes in this regard will be reported verbally to Members at the Committee meeting.

7.8 Drainage

The application site has a natural gradient that falls towards the north east corner of the site. It is intended to clear this part of the site to submerge some attenuation tanks to hold excess surface water run-off from the site, thereby controlling run-off rates into the adjacent beck. The run-off rates have met with the Environment Agency's approval and they have requested that the rate is conditioned as part of any approval. The principle of the drainage solution is therefore acceptable, so whilst it is disappointing to lose a large group of protected trees on this section of the site, it helps deliver the proposed drainage solution and a small area of informal open space.

7.9 Sustainable Construction

The application has been submitted with an Energy Report. The report sets out the developer's intentions to reduce carbon emissions associated with occupation of the properties by increasing thermal insulation and reducing air loss. This is achieved through careful construction methods and appropriate materials in the roof, walls, floors and openings (doors and windows). Overall the applicant is seeking to make 25% improvements over and above Building Regulations 2010 standards, and therefore the proposal complies with the relevant condition on the outline planning consent. The implementation of the measures set out in the Energy Report should be conditioned as part of any approval.

8.0 Planning Obligations

8.1 The s106 agreement attached to the varied outline planning permission sets out 4 obligations: Listed building works (to secure the conversion of the Annexe building) Open space contribution if the open space(s) are transferred to the Council Transport contribution of £500,000 (towards bus services linking the site to the city centre, cyclepath between the site and Nightingale Hall Farm and a road safety scheme in the East Road area of Lancaster in the vicinity of the Royal Grammar School) Travel Plan

8.2 These 4 provisions of the legal agreement were negotiated as part of the outline application and are now set. Should Members be minded to approve this Reserved Matters application the legal agreement would also relate to the detailed permission.

9.0 Conclusions

9.1 The applicant has taken careful consideration of the planning conditions set out on the outline planning permission by producing a Reserved Matters application that addresses the key issues. By carefully designing a more organic layout that respects the opportunities and constraints of the site and applying their house types accordingly, the applicant has achieved an acceptable proposal in terms of design, access and landscaping. The parkland development respects the setting of the 2 retained Listed buildings and the biodiversity interests within the site, whilst dealing with nuisances Page 15 such as noise and contamination. Though some of the protected trees are to be removed to accommodate the development, including the necessary drainage arrangements to reduce surface water run-off, the key clusters of trees are to be retained and reinforced with additional planting. It is therefore recommended that the application be approved.

Recommendation

That Approval of Reserved Matters BE GRANTED subject to the following conditions:

1. Standard 3 year timescale 2. List of approved drawings, including boundary treatments 3. Materials (surface and elevations) - as per approved schedules of finishes 4. Notwithstanding details on approved plans, no timber detailing on gables; one tile colour to be used on dormers; and all first floor windows on side elevations serving bathroom and en-suites to be fitted with obscure glazing 5. Energy efficiency - as per Energy Report 6. Removal of PD rights 7. Construction access details, including reinstatement of site boundary 8. Access to be provided prior to first occupation 9. Parking provision - as per plan 10. Garages - to be retained for the purposes of housing private motor vehicles or storage associated with the main dwelling 11. Travel Plan 12. Landscape Plan, including proposed maintenance, to be implemented in full 13. Landscape and Wildlife Management Plan to be implemented in full 14. No storage of machinery, vehicles, equipment or materials on soft ground within 10m of any existing tree; no chemical dumps, cement washout areas established within 10m of any existing trees; no site fires 15. Arboricultural Method Statement (AMS) and a detailed Tree Works Schedule to be provided 16. Habitat Protection and Creation Scheme to be implemented in full 17. Details and provision of play equipment and woodland walkways to be provided 18. Hours of construction (Mon to Fri 0800-1800 and Sat 0800-1400 only) 19. No pile driving 20. Noise mitigation measures to be implemented in full 21. Separate drainage system 22. Flood Risk Assessment mitigation measures, including the run-off rate, to be implemented in full 23. Standard contaminated land condition 24. Importation of soil, materials and hardcore 25. Prevention of new contamination 26. Bunding of tanks

Human Rights Act

Background Papers

None. Agenda Item 7 Page 16

Agenda Item Committee Date Application Number

A7 7 May 2013 13/00265/RENU

Application Site Proposal

Land At Badgers Wood Renewal of planning permission 09/01188/FUL for the Middleton erection of 33 no. dwellings with associated external Lancashire works LA3 3LJ

Name of Applicant Name of Agent

PRV Middleton Towers In Administration SJD Architects

Decision Target Date Reason For Delay

19 June 2013 None

Case Officer Mrs Jennifer Rehman

Departure Yes

Approve subject to signing of a Deed of Variation to the original legal agreement and delegation back to Summary of Recommendation the Head of Planning Service for the consultation period to expire.

1.0 The Site and its Surroundings

1.1 This application relates to a 0.72ha parcel of land comprising an elongated D-shape around Badgers Wood, which is located within the partly developed Middleton Towers site – the former Pontins Holiday Park which occupied approximately 23 hectares overlooking Morecambe Bay. The site is relatively remote, located approximately 1km west of the village of Middleton and 2km south of Heysham. The wider site is bound by Ocean Edge caravan park and Heysham Industrial Estate to the north, with Heysham Power station beyond to the north west. Middleton Sands, which forms part of the Morecambe Bay Special Protection Area (SPA) and Special Area of Conservation (SAC), forms the western boundary with flat open fields with a number of caravan sites occupying land to the south and east. Access to the site is taken via Carr Lane, a narrow country lane with no pedestrian footpaths or street lighting.

1.2 The Middleton Towers Retirement Village has only been partly developed (part of the original phase 1) and currently comprises 35 bungalows and 20 apartments arranged along 3 roads, namely Natterjack Lane, Lavender Way and Badger Wood. The administrative and leisure buildings have been developed through the conversion and extension of a Grade II listed farmhouse and barn, which sit adjacent to the Grade II listed tower. The Bowling Green and Pavilion have also been completed. The majority of the wider site, however, remains undeveloped and is enclosed by secure, solid fencing, with the exception of the site in question.

1.3 The application site is also undeveloped but is located in the southern part of the wider site bound by existing residential and leisure development. This parcel of land is open and vegetated and accessed easily from the existing road network. Land levels are not quite at grade, with a small fall across the site from east to west. Properties to the east of the site consist of a three-storey block of apartments, dropping to single-storey (some with attic accommodation) dwellings, comprising semi- detached and terraced properties. All existing buildings are constructed in stone and render with a slate-effect roof tile.

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1.4 The application site is located within the designated Countryside Area and is allocated as Tourism Opportunity Area under the Lancaster District Local Plan. There are no other specific designations relevant to this application site other than regard to the European designations of Morecambe Bay (RAMSAR, SPA and SAC). The site itself falls within Floodzone 1, although surrounding land including the access to the site is within Floodzone 3.

2.0 The Proposal

2.1 Extensions to time limits for implementing planning permissions was brought into force on 1 October 2010 via the Town and County Planning (General Development Procedure) (Amendment No.3) (England) Order 2009. Central Government subsequently produced some practical guidance, titled ‘Greater Flexibility for Planning Permissions’, to assist local planning authorities and developers using and dealing with the new procedures. The purpose of the procedure was intended to make it easier for developers and local planning authorities to keep planning permissions alive for a longer period during the economic downturn and so that they can be implemented promptly when economic conditions improve. The regulations initially limited this procedure to applications that had been granted before October 2009. The Town and County Planning (Development Management Procedure) (England) Order 2012, extended this to allow extensions to planning permissions granted before October 2010. The 2010 permission expired on the 15 March 2013. As the application was submitted and validated on 14 March, this procedure is applicable to this application.

2.2 In short, the application seeks to extend the time limit of the 2010 planning permission for the erection of 33 dwellings and associated works, involving an internal courtyard layout centred around car parking and communal amenity space and landscaping. The proposed dwellings are predominantly bungalows with some second bedroom accommodation in the roof space. The materials and finishes used will be the same as those of the completed dwellings on the site.

2.3 The previous permission (09/01188/FUL), which the applicant now seeks to renew, sought to amend the mix and type of accommodation approved under the 2007 permission (07/00799/FUL), reducing the number of units from 57 (comprising bungalows and apartments) to 33 bungalows.

3.0 Site History

3.1 The site was formally occupied by Pontins holiday camp who had operated on the site since the late 1930s. The campsite closed in 1994 and the land lay disused for some considerable time. Later in 2000, the applicant at the time applied for outline planning permission for a retirement village. This outline application was recommended for refusal by Officers, but was “called in” for a decision by the Secretary of State. Central Government granted consent for the proposal, which involved the provision of 650 dwelling retirement village with communal leisure, administrative and ancillary facilities.

The detailed layout, scale, appearance and landscaping (the reserved matters) of the site was covered in a reserved matters application in 2005 and later amended in 2007 under a Section 73 application (to vary a condition). The site/developer later went into administration.

In late 2009, the administrators applied for the erection of 33 dwellings on land at Badger Wood. The application was to form part of the wider development for which permission had been previously granted. This application sought to amend the schedule of accommodation around Badger Wood resulting in the loss of the apartment block (24 units) previously permitted.

An important feature of the development was that 118 of the dwellings, out of the total of 650 (approximately 20%), were to be "car free". To facilitate this the development was subject to an agreement under Section 106 of the Town & Country Planning Act 1990, requiring the developers to provide a free bus service between the site and the centres of Morecambe and Lancaster. The legal agreement also covered occupancy age restrictions, a 10% affordable housing provision, use of the leisure facilities, and a Green Travel Plan.

The applications directly relevant to the current proposal are summarised as follows:

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Application Number Proposal Decision 00/00156/OUT Outline application for a retirement village comprising Approved after Call-In by dwellinghouses, other residential accommodation, retail, the Secretary of State leisure, recreation and ancillary administration; creation of subject to a legal a new access and circulation road. agreement 05/00740/REM Reserved matters application for retirement village Approved 06/01244/FUL Erection of a gatehouse and associated works Approved 07/00452/FUL Erection of a pavilion Approved 07/00799/FUL Section 73 application to amend details of layout of Approved retirement village 09/01188/FUL Erection of 33 dwellings with associated external work Approved

4.0 Consultation Responses

4.1 The following responses have been received from statutory and internal consultees:

Consultee Response County Highways No objections to the renewal of the 2009 permission.

Environment No objections to the renewal of the 2009 permission. Agency United Utilities No comments received at the time of writing this report

County Planning Comments have been received requesting an education contribution to the sum of £23,761, equivalent to 2 primary school places.

Environmental No objections subject to hours of construction condition and scheme for dust control. Health Service

Contaminated Land A site specific contaminated land assessment should be undertaken and submitted. Officer Strategic Housing No objections - a proposal for 1 and 2 bed bungalows catering for the aging population is consistent with the recommendations of the Housing Needs Survey.

Local Planning No objections – despite the land allocation for tourism development, given the Policy planning history there is no policy objection to the renewal of the 2009 application.

Middleton Parish No comments received at the time of writing this report Council Overton Parish No objections Council Office of Nuclear No comments received at the time of writing this report Regulation (ONR)

5.0 Neighbour Representations

5.1 The application has been notified in the local press, a site notice posted and immediate neighbours notified in writing. At the time of compiling this report, no representations have been received. The consultation period does not expire until 10 May 2013. Any comments received will be verbally presented to the Planning Committee.

6.0 Principal National Policy and Development Plan Policies

6.1 National Planning Policy Framework The National Planning Policy Framework indicates that the purpose of the planning system is to contribute to the achievement of sustainable development. Paragraph 7 states that there are three dimensions to sustainable development: economic, social and environmental; and that these roles

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are mutually dependent and should be sought simultaneously through the planning system.

At the heart of the NPPF is a presumption in favour of sustainable development (paragraph 14) . The following paragraphs of the NPPF are relevant to the determination of this proposal:

Paragraph 17 sets out 12 core land-use planning principles which should underpin both plan-making and decision taking. The principles which are relevant to this application state that planning should: be genuinely plan-led; be a creative exercise in finding ways to enhance and improve places; be supportive of sustainable economic development to objectively identify and meet the development needs or the area, including housing; seek high quality design and good standards of amenity; take account of different roles and character of different areas; encourage the use of previously developed land and make the fullest possible use of public transport, walking and cycling.

Paragraph 32 relates to development and highway implications. Amongst a number of objectives it requires development and subsequent decision-taking to take into account whether there is safe and suitable access for all people; and that improvements to the transport network can be undertaken that cost effectively limit the significant impacts of the development. It specifically goes on to state that development should only be prevented or refused on transport grounds where the residual cumulative impacts of the development are severe.

Paragraph 34 indicates that developments which generate significant traffic movements should be located where the need to travel will be minimised. However, the NPPF acknowledges that this need must be considered in context of other policies in the NPPF, particularly in the rural area.

Paragraph 35 states that development should be located and designed where practical to (amongst a number of measures) give priority to pedestrian and cycle movements, and have high access to public transport facilities; and create safe and secure layouts which minimise conflicts between traffic and cyclists or pedestrians.

Section 6 (Paragraphs 47 – 55) relates to the delivery of a wide choice of high quality homes, indicating that the presumption in favour of sustainable development specifically applies to housing development. It sets out how local authorities should boost, manage and deliver housing which meets identified local needs, including affordable housing provision, based on current and future demographic trends, market trends and the needs of different groups in the community.

Paragraph 56 states that the Government attaches great importance to the design of the built environment and stresses that good design is a key aspect of sustainable development and is indivisible from good planning. To emphasise the importance of this statement paragraph 64 clearly states that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.

Paragraph 61 goes on to state that although visual appearance and the architecture of individual building are very important factors, securing high quality design and inclusive design goes beyond aesthetic considerations. Planning should address the connections between people and places and the integration of new development into the natural, built and historic environment.

Section 11 (Paragraphs 109 – 125) relates to conserving and enhancing the natural environment by protecting and enhancing valued landscapes; minimising the impacts on biodiversity; preventing and protecting both new and existing development from unacceptable risks from soil, air, noise and water pollution and instability.

Paragraph 131 -133 requires local planning authorities to take account of the desirability of sustaining and enhancing the significance of heritage assets and the desirability of new development to make a positive contribution to local character and distinctiveness. It goes on to state that great weight should be given to the assets conservation in the decision making process, and that the more important the asset, the greater weight should be given. Substantial harm or loss to the significance of a heritage asset, including its setting, should require clear and convincing justification.

6.2 Development Plan Weighting

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6.3 Lancaster District Core Strategy

Policy SC1 (Sustainable Development) requires development to be located in an area where it is convenient to walk, cycle or travel by public transport between homes, workplaces, shops and other facilities. It also states that development must not result in unacceptable flood risk or drainage problems and does not have a significant adverse impact on a site of nature conservation or archaeological importance; it should incorporate energy efficient design and renewable energy technologies, create publicly accessible open space, and be compatible with the character of the surrounding landscape.

Policy SC3 (Rural Communities) identifies 8 villages where an allowance of 10% of new homes is accepted in order to meet local needs in villages (Slyne-with-Hest and Bolton-le-Sands are included within the 8 identified villages). Outside of the identified village exceptional justification is required.

Policy SC4 (Meeting the District's Housing Requirements) aims to maximise the opportunities offered by the development of new dwellings to redress imbalances in the local housing market, achieve housing that genuinely addresses identified local housing need.

Policy SC5 (Achieving Quality in Design) states that new development must reflect and enhance the positive characteristics of its surroundings.

Policy SC7 (Development and the Risk of Flooding) - Development must not expose workplaces, homes and public areas to unacceptable levels of flooding.

Policy E1 (Environmental Capital) – its purpose to improve the District’s environment by: • protecting and enhancing nature conservation sites and landscapes of national importance, Listed buildings, conservation areas and archaeological sites • encourage development to locations where previously developed land can be re-used • resist development which would have a detrimental effect on environmental quality and properly manage environmental risks such as flooding, • ensuring that development in the city of Lancaster and other historic areas conserves and enhances their sense of place • protect and where possible enhance habitats and the diversity of wildlife species, and conserve and enhance landscape

Policy ER7 (Renewable Energy) - to maximise the proportion of energy generated in the District from renewable sources where compatible with other sustainability objectives, including the use of energy efficient design, materials and construction methods.

6.4 Saved Policies of the Lancaster District Local Plan

In accordance with paragraph 215 of the NPPF, the following saved policies are considered consistent with the Framework and are therefore relevant to the determination of the application:

Policy H8 ( Housing in the Countryside) seeks to direct new housing in the countryside to identified villages (Policy H7 which has been partially superseded by CS SC3). Outside the identified settlements, new dwellings will only be permitted in exceptional circumstances, such as agricultural workers. In these cases, new dwellings must be of an appropriate design and make adequate

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provision for drainage. This policy is considered partially consistent with the Framework has part of the policy has been superseded by the Core Strategy.

Policy H12 (Layout, Design and Use of Materials) states new housing developments will only be permitted where they exhibit high quality of design and address local distinctiveness.

Policy H17 (Sheltered Accommodation) seeks to encourage sheltered accommodation which allows residents and the aging population to maintain independent lifestyles provided there is good access to local services and public transport.

Policy E4 (Countryside Area) requires development to be in scale and keeping with the character and natural beauty of the landscape and appropriate to its surroundings in terms of siting, scale, design, materials, external appearance and landscaping. Proposals should not result in a significant adverse effect on nature conservation or geological interest, and should make satisfactory arrangements for access, servicing, cycle and car parking.

Policy TO2 (Tourism Opportunity Area) allocates the application site and its immediate surroundings (the form Middleton Towers Holiday Camp and adjacent caravan park) as a tourism opportunity site. Whilst this policy has been saved and is relatively consistent with the NPPF, the planning history and emerging policy is a material consideration in the determination of the application. This will be discussed in section 7.0 of the report.

6.5 Emerging Policy The Council is in the early stages of preparation of an emerging Local Plan and have now completed the first Preferred Options consultation, including a Land Allocations Development Plan Document (DPD), the Development Management DPD and the Morecambe Area Action Plan. Whilst in the early stages of the plan process, policies in the emerging Local Plan are a material consideration. However, the degree of weight that can be afforded to these policies varies depending on stage of preparation of the emerging plan, the extent to which there are unresolved objections to relevant policies and the degree of consistency with the Framework (paragraph 216 of the NPPF).

Specific to this application is Policy HEY4 of the Land Allocations DPD. This policy encourages the implementation of the existing planning consent for the delivery of a specialist retirement village in the first instance. Only where this is shown not be to a viable proposal will the Council consider alternative proposals for the site. Such proposals could be a mix of residential, employment and/or tourism related development, provided they are compatible with existing uses on the site and that measures are made to improve the quality and frequency of public transport provision, and improved opportunities for pedestrian and cycle accessibility to the site are sought through the planning process due to the sites remote location to make the site more sustainable. This policy only received slight attention at the Draft Preferred Options Stage with no significan t objections received. Whilst limited weight can be afforded to this policy, it is a material consideration.

6.6 Other policy documents: Supplementary Planning Document- Meeting Housing Needs (February 2013) sets out the Council’s evidence base and provides context to the District's housing need and delivery over the plan period. It provides specific details in respect of the type and size of dwellings needed for each of the key settlements and provides guidance in relation to the delivery of affordable housing.

Supplementary Planning Guidance Note 12 ‘Residential Design Code ’ provides further guidance in relation to design and amenity standards in new housing proposals.

7.0 Comment and Analysis

7.1 In accordance with central Government's guidance on ‘Greater Flexibility for Planning Permissions’ (DCLG,2010), the main focus in assessing the application and making a decision is the development plan and other material considerations which may have changed significantly since the original grant of permission.

7.2 The DCLG guidance clearly states that the proposed development in an application for extension of

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time will, by definition, have been judged to be acceptable in principle at an earlier date. That said consideration must be given to any significant changes to the development plan or other material considerations which may have changed. The most significant change since the determination of the 2009 permission is the replacement of national Planning Policy Statements/Guidance Notes with the National Planning Policy Framework (NPPF). The Development Plan has not significantly changed, although the weight afforded to ‘saved’ policies may vary depending on the degree of consistency with the NPPF. Furthermore, the Council is in the early stages of preparation of a draft Local Plan, having undertaken the Draft Preferred Options stage consultation on Land Allocations and Development Management Policies Development Plan Documents (DPDs). The Council has also adopted a (Supplementary Planning Document (SPD) on Meeting Housing Needs addressing local housing needs and affordable housing. These changes will be assessed under consideration of the following key issues:

7.3 The Principle of Development The site is allocated in the Lancaster District Local Plan as a ‘Tourism Opportunity Site’ which is clearly a reflection of its former use as a large family holiday camp (Pontins). The holiday camp ceased its operations in 1994 and since then has remained largely vacant. The specific designation had failed to attract a potential tourism/leisure user, and in 2002 when the Secretary of State (SoS) granted outline planning permission for a 650 dwelling retirement village, the Inspector recognised that it is unlikely to prove a viable tourism or leisure operation. The SoS also recognised that the benefits of bringing a large brownfield site back into use and the specialist nature of the housing provided would outweigh the provisions of policy T02 and would provide sufficient justification to support the proposal. Since this decision, the Council has granted consent for the reserved matters (in 2005), amendments to the scheme (in 2007) and more recently (2010) the erection of 33 dwellings, which was an amendment to the layout of the wider site consented under the 2005 reserved matters and 2007 permission. The 2010 permission only relates to a small parcel of the wider site. The current application seeks to renew the 2010 permission. The application has been advertised as a departure from the Development Plan as a proposal for residential development does not accord with the land allocation (Policy TO2) and the adopted Development Plan. The tourism opportunity allocation and associated policy is regarded consistent with the NPPF. In assessing the acceptability of the proposal, a careful balancing exercise will need to be adopted which will assess the merits of the proposal against current planning policy and other material considerations. In this case, the planning history is a key material consideration which carries significant weight in the determination of the application on the basis that it remains an extant permission with part of the approved scheme already built out.

7.4 The current policy position for new development on this site would be to encourage and direct tourism-led development. However, with a continued lack of interest from any prospective developers for tourism/leisure related development, this would seem unlikely. As for new residential development, this would not normally be permitted as it would be contrary to Core Strategy policies SC1 and SC3, which directs new residential development to the key rural settlements of the District where access to services/facilities and public transport is easily available. This approach to the delivery of housing and sustainable development is echoed in the NPPF. The site is remotely located away from existing settlements and subsequently has poor access to services/facilities and public transport. Nevertheless, the concept of development on the former Pontin’s site was for a self contained retirement village with its own shops and community areas with a free bus service to nearby settlements. Regretfully only a small proportion of the ‘village’ has been built out, leaving approximately 55 households relatively isolated without the services/facilities (the commercial centre) original envisaged. The concept to deliver a retirement “village” remains uncertain at this time. However, the site does still benefit from an extant permission for the wider site.

7.5 It is clear that there is a complex planning history associated with the wider Middleton Towers site starting with the SoS’s decision to grant the original outline consent. This consent acknowledged that the development was contrary to the Development Plan but suggested the regeneration benefits of bringing a large brownfield site back into use and the specialist nature of the proposal (retirement village) would outweigh the tourism opportunity allocation. In reaching this decision, a number of conditions and obligations were imposed to try and ensure the proposal was as sustainable as possible and tied to the specialist nature of the proposal (age restrictions/20%car-free/bus service) . Subsequent consents on the site have been submitted to the local planning authority and determined on the basis that the individual proposals were part of the wider development to create a self-

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contained retirement village and were tied by those original conditions/obligations. The same applies in the determination of this application.

7.6 Furthermore, regard has to be given to the residents that currently occupy completed dwellings on the site and the compatibility of existing and new uses on the site. The site that is the subject of this application forms a prominent central core to the development already constructed and is bound by existing residential development. Unlike the majority of the undeveloped land to the north, this vacant parcel of land is unsecure, open and visible to the residents living on Badgers Wood. It is a relatively untidy and unmanaged parcel of land which lends itself to be developed or landscaped in order to improve the environmental conditions of this occupied part of the wider site. Residential development was envisaged on this parcel of land under the outline consent, the subsequent reserved matters, the amendments in 2007 and the later full planning application for 33 dwellings in 2009.

7.7 In this case, the planning history is considered to carry significant weight in the planning balance exercise. Having considered the material changes since the original grant of planning permission (09/01188/FUL) it is contended that the principle of extending the time limit of the development is acceptable, bearing in mind that the 2010 permission was simply an amendment to the 2007 consent to reduce the number of units on this parcel of land. Given the limited number of services and facilities provided on site at present (less than what is envisaged for the wider site to make it a sustainable community), then approval of fewer units on this parcel of land is more favourable than a developer building out the extant permission which includes a block of apartments and subsequently more units than what is proposed under this pending application. For completeness, however, Officers are of the view that the applicant would need to enter into a Deed of Variation to ensure the application is tied to the original terms of the legal agreement. Officers are currently waiting a response from the applicant in relation to this matter and as such a verbal update will be provided.

7.8 Housing Need The proposed application seeks a renewal of the full planning permission for 33 dwellings, which was an amendment to the 2007 permission to reduce the number of units. The permitted dwellings are predominately 2-bedroom bungalows with the permission restricting occupancy to no less than 55 years of age. In terms of meeting local housing needs, the Housing Needs Survey 2011 concentrates on the key settlements of the District (identified in SC3 of the Core Strategy) and as such there is no specific data relating to Middleton village itself. However, the survey does indicate a demand for 2-bedroom properties in Heysham and the rest of the rural area, and specifically 2- bedroom bungalows. In addition, there are arguments in favour of increasing the provision of small units to take account of the aging population and to help under-occupation of larger family homes within the private sector. The amendment of the schedule of accommodation from a block of apartments to bungalows is a positive change to the extant permission and as such the renewal of the 2010 consent is considered acceptable from a housing needs perspective. The affordable housing provision for the whole site is covered under the original legal agreement. This requires 10% affordable housing across the whole site.

7.9 Access & Parking Middleton Towers occupies a remote location with poor accessibility to public transport. The Inspector justified the approval of the retirement village on the basis that a free bus service should be provided and that the residents of the ‘village’ would not rely on the private motor car as key services/facilities would be available on site. The overall concept of the retirement village was considered under the 2010 permission and on this basis there were no highway objections on sustainability grounds to the development. The access and internal road layout of the site in question, is as approved under the 2007 and 2010 permissions. The proposed parking arrangements remain as approved under the 2010 permission. The layout shows dedicated car parking for all but seven of the 33 dwellings in order to comply with the 20% car-free element of the original legal agreement. There have been no significant changes to highway-related planning policy and/or guidance that would result in a highway objection to the renewal of the 2010 permission. County Highways has raised no objections to the application.

7.10 Design & Appearance The layout, scale and appearance of the development remains acceptable from a planning perspective. The erection of 33 bungalows (some with attic accommodation) is a less intensive

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development to that approved under the 2007 permission and would appear to compliment the scale and design of the dwellings constructed on site. The scale, layout, appearance and good use of materials (stone/render/slate effect roof tiles) would also ensure the development does not have an adverse impact on the rural character of the countryside designation. The proposal also sits relatively close to Grade II listed buildings. Therefore the setting of these Heritage Assets is a material planning consideration. On the basis that the proposal is less intensive than what was original approved under the Reserved Matters application and the amendment in 2007, the proposed scheme for 33 bungalows would not have a significant adverse impact on the setting of these listed buildings. On this basis, there are no heritage/design reasons to resist the renewal of the 2009 permission.

7.11 Residential Amenity The proposed site occupies a prominent central location surrounded by existing residential development. The site at present is covered over with some vegetation, albeit what appears to be unmanaged. The land in question lends itself to be developed in order to help create a greater sense of place for the existing community that live at Middleton Towers but also to improve the existing environmental conditions. In terms of residential outlook, the scale of the development is not oppressive or overbearing and is an improvement to what was original approved back in 2007, which could be constructed under the extant permission.

7.12 In terms of general amenity standards, the layout of the scheme approved in 2009 has not changed, nor has planning policy or guidance relating to such standards. On this basis the development is remains acceptable.

7.13 Other considerations Environmental Health has requested a site specific land contamination assessment to be undertaken which should address changes in guidance, policy and site specific circumstances. Whilst this does not seem an unreasonable request given the fact the original site investigation report is 13 years old, land contamination was a material consideration that was assessed under early consents. Bearing in mind the 2009 application sought to simply amend the schedule of accommodation, rather than alter the proposed land use, and no such condition was imposed then, it would be difficult to justify a new assessment under this renewal application.

7.14 County Planning has requested an education contribution for 2 primary school places to the sum of almost £24,000. As the proposal is for a renewal of an application, which forms part of a wider development for a retirement village (over 55 years) and no such contributions were requested previously, Officers are unable to justify this request.

8.0 Planning Obligations

8.1 The terms of the original planning obligation under 00/00156/OUT are as follows: 10% affordable housing to be provided Occupancy restriction (Head of household to be no less than 55 years of age) A phasing schedule including phasing of affordable housing Use of on-site facilities by wider communities and residents of development Provision of free bus service Green Travel Plan

Officers have requested a Deed of Variation to ensure the proposed development is tied to the terms of the original planning obligation under the outline planning permission. The purpose of the Deed is to simply tie the application to the original agreement for completeness. It is possible that this could be done by way of a Unilateral Undertaking. Officers are currently waiting for the applicant to inform Officers of their intentions. It is intended that there would be no changes to the original terms.

9.0 Conclusions

9.1 The application is a renewal of a previously consented scheme to amend the schedule of accommodation permitted under the 2007 permission. Officers have had to balance the policies contained within the Development Plan against the planning history which seeks to develop a self- contained retirement village. Whilst there have been some changes in national planning policy there

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have been no significant changes to the policies contained in the Development Plan which were previously considered under the 2009 permission. In this particular case, it is contended that the planning history, which is a material consideration, carries significant weight in the determination of the application and whilst the future of the site may seem uncertain (as it is in administration), there remains an extant permission for residential development on this site which is subject to the terms of the original legal agreement. On this basis, Members are advised to support the proposal.

Recommendation

That Planning Permission BE GRANTED subject to the signing of a Deed of Variation (legal agreement) to tie the application to the original terms of the planning obligation and the following conditions:

1. Time Limit 2. Development to be carried out in accordance with the approved plans 3. Age Restriction 55 years 4. Hours of construction 5. Dust Control 6. Surface water drainage strategy to be submitted and agreed

Human Rights Act

Background Papers

None.

Page 26 AgendaAgenda Item Item 8 Committee Date Application Number

A8 7 May 2013 12/01192/FUL

Application Site Proposal

Greenlands Farm Change of use of two agricultural buildings into (1) Burton Road multi purpose leisure use and (2) workshop and retail Priest Hutton use, part of yard into car park, removal of redundant Carnforth silos/water towers and installation of four photovoltaic panels on each converted building

Name of Applicant Name of Agent

Mr Roger Mason Mr David Hall

Decision Target Date Reason For Delay

17 May 2013 None

Case Officer Ms Eleanor Huddleston

Departure

Summary of Recommendation Refusal

1.0 The Site and its Surroundings

1.1 Greenlands Farm is located approximately 2.7 miles to the north east of Carnforth and 2 miles to the south of the village of Burton. It is situated on the north western side of the B6070 Burton Road on the opposite side to the Longlands Hotel and a marina development. Adjacent to the western boundary of the site is the Lancaster Canal, beyond which is the M6 motorway.

1.2 The site is occupied by a range of traditional and more modern farm buildings, many of which have been converted to a variety of non-agricultural uses. The conventional farm operation occupies approximately 120 acres and is principally sheep rearing. This is combined with the use of the site as a visitor attraction which includes educational, leisure and retail uses. Most of this is concentrated in the more traditional buildings with a children’s indoor play centre occupying one of the modern agricultural buildings towards the rear of the site. The uses on the site currently consist of: • An open farm • Farm shop • Butchery • Cafe • Soft play barn • Wine shop • Pottery workshop • Designer goldsmiths • Garden centre • Cosmetics shop • Chainsaw carving

1.3 There are two large agricultural buildings on the site which are located to the north east of the tourism/visitor element. The smaller one is adjacent to the building which has been converted to a soft play area and the larger one is located closer to the highway. There is a large parking area which extends across much of the site frontage and a vehicle access located towards the eastern Page 27 edge of the boundary with the highway. Most of the boundary with the highway consists of a metal fence with small sections of stone wall in front of some of the traditional buildings and the access to the site.

1.4 The site is within the District's Countryside Area as defined on the Local Plan Proposals Map. Most of the site is located within flood zones 2 or 3.

2.0 The Proposal

2.1 Planning permission is sought for the change of use of two of the modern agricultural buildings. The submission sets out that these are effectively redundant for the operation of the farm. The smaller building, adjacent to the play barn, has a floor area of 719 square metres and was last used for lambing when required during the season. The larger building has a floor area of 933 square metres, was used for housing cattle and is now used for general storage.

2.2 The smaller of the two buildings is proposed to be converted to a multi purpose leisure use with a range of activities aimed at younger teenagers. It is intended to be a flexible space with a programme of activities which could include pony riding, go karts, climbing walls, a BMX course and occasional shows of various kinds. There are minimal alterations proposed to the inside of the building to facilitate the change of use. These involve the removal of the cattle stalls, works to meet general health and safety requirements, and the creation of a small spectator area. In the event of an emergency or extreme weather this building would be used for lambing.

2.3 The larger building is proposed to be converted to a range of small craft workshops and retail outlets. The cattle stalls and associated equipment would be removed and internally insulated dividing walls and a suspended ceiling installed to ensure that the building could be effectively heated and ventilated. The planning statement sets out that the building would accommodate suitable businesses with a strong countryside association and businesses which have expressed an interest to date include countryside pursuits, craft woodworking, craft metal working, wool felting school, and equine and animal related businesses. An indicative layout has been submitted which shows six workshop units with a combined area of 224 square metres and six retail units with a combined floor area of 555 square metres. The statement also states that this would be subject to change depending on demand.

2.4 Minimal external changes are proposed to the buildings. The sliding roller doors would be replaced with timber personnel doors and the upper timber walls would be renovated with damaged sections replaced and stained a suitable colour. The asbestos roofs are proposed to be retained with four photovoltaic panels sited on the each of the appropriate elevations.

2.5 As part of the scheme, a number of silos and water towers are proposed to be removed in addition to additional planting across the whole site. The yard to the rear of the larger building would be used as a parking area for approximately 40 cars in addition to the existing 100 spaces.

3.0 Site History

3.1 The application site has an extensive planning history and is set out below. Planning permission was originally granted in 2006 for the change of use and conversion of buildings to form a farming interpretation and environment centre. This scheme included a farm visitor centre using several of the smaller buildings to accommodate farm animals and horses with buildings in this area also used as a children’s play area, a blacksmith and a potter; a farm shop and butchery department with the first floor used to accommodate four craft workshops; a restaurant over two floors with an adjoining bakery; and an educational centre for the use of schools and colleges on the first floor of the restaurant. At the time of the application the farm had a dairy herd of 140 Holstein cattle and 650 ewes of a variety of different breed.

3.2 In 2008 planning permission was granted for the change of use of part of a building to a wine storage and retail unit. Further planning permission was granted in 2010 for the change of use of an agricultural building to children’s indoor play area and part of an area used for the open farm to a plant centre. The scheme included the erection of a greenhouse and an overspill parking area to the north east of the access point. At the time of this application, it was stated that the number of dairy cows had been reduced and milking had stopped although the milking of around 30 cows was hoped to be commenced in August/September 2009. Page 28

3.3 These consents do not appear to include the current retail units occupied by the cosmetics shop and the goldsmiths. A site plan showing the location of all the current uses has been requested from the agent so that this can be compared to the previously approved plans in order to ascertain whether any further consent is required. There is also no consent for the chainsaw carving which is located within part of one of the agricultural buildings and a 9 hole mini golf course has recently been advertised, although it is not known its exact location within the complex at this stage.

Application Number Proposal Decision 10/01035/RCN Removal of condition 4 on application 09/00131/CU Permitted (restriction of opening times of plant centre and children’s play centre to times when the farm interpretation centre as a whole is open to visitors) 09/00131/CU Change of use of agricultural building and land to indoor Permitted play area, open farm and plant centre. 09/00084/FUL Erection of a stable block and sand menage Permitted 08/00428/CU Change of use of part of the animal farm and environment Permitted centre building to a wine storage and retail unit 07/01278/FUL Erection of an extension for a food storage area Permitted 06/00539/CU Continuation of use of agricultural land as grass boarding Refused (decision centre with associated works and construction of new upheld on appeal) highway access 05/01041/CU Change of use and conversion to farming interpretation Permitted and environment centre

4.0 Consultation Responses

4.1 The following responses have been received from statutory and internal consultees:

Consultee Response Environmental No operations or activities shall occur outside the hours of 10.00 and 17.00hrs without Health the prior approval of the local planning authority. If pony rides are to be undertaken the applicant will need to apply for a Riding Establishment Licence.

Following a review of the Environmental Desk Study report, some introductory comments regarding the nature of the proposed use would be useful in order to assess its sensitivity to any contamination and to develop a conceptual site model. Details of whether there is any visual evidence of oil contamination around the tanks and if any pesticide/chemical storage or evidence of sheep dips should be provided. No mention is made of any asbestos containing materials. An unforeseen land contamination condition is recommended to be attached to any planning consent. County Highways In principle, no objection. The following issues have been considered in relation to the proposal: • Suitable and sufficient parking provision within the curtilage for staff and visitors, including an overflow car park for 40 vehicles, designated staff parking areas, designated service areas, and adequate space for manoeuvring of all vehicles (including service vehicles), pedestrians and cycles; • Implementation of additional off-site highway improvement works (up to £68,388) to improve accessibility and safety given the site's unsustainable location and the occurrence of three accidents, including a fatality, within 200 metres of the application site’s point of access with the A6070 in the last 3-4 years; and • The submission of a suitable travel plan to encourage measures associated with sustainable transport.

Recommend conditions in relation to the provision of wheel cleaning facilities during construction; submission of a scheme for the construction of off-site highway Page 29 improvement works; no part of the development occupied until the off site works have been completed; submission of draft Travel Plan before development commences; and Travel Plan fully implemented before development brought into use or in accordance with approved timescale. Environment The development sits within Flood Zone 2 as defined in table 1 of the Technical Agency Guidance to the National Planning Policy Framework and is therefore at risk of flooding. Recommend that the Environment Agency’s standing advice is viewed before a decision is made on the application. Public Rights of No comments to make. The land edged red on the plan does not affect a right of way Way Officer that is recorded on the Definitive Map of Public Rights of Way. Ramblers No comments received during the statutory consultation period. Association United Utilities No comments received during the statutory consultation period. Canal and River No comments received during the statutory consultation period. Trust Parish Council No comments received during the statutory consultation period.

5.0 Neighbour Representations

5.1 No comments received during the statutory consultation period.

6.0 Principal National and Development Plan Policies

6.1 National Planning Policy Framework (NPPF)

The National Planning Policy Framework (NPPF) indicates that the purpose of the planning system is to contribute to the achievement of sustainable development. Paragraph 7 states that there are three dimensions to sustainable development: economic, social and environmental; and that these roles are mutually dependent and should be sought simultaneously through the planning system.

At the heart of the NPPF is a presumption in favour of sustainable development . The following paragraphs of the NPPF are relevant to the determination of this proposal:

Paragraph 17 (Core Principles) sets out 12 core land-use planning principles which should underpin both plan-making and decision taking. The principles which are relevant to this application state that planning should: be genuinely plan-led; be supportive of sustainable economic development; seek high quality design and good standards of amenity for existing and future occupants of land and buildings; take account of different roles and character of different areas, recognising the intrinsic character and beauty of the countryside and supporting thriving rural communities within it; contribute to conserving and enhancing the natural environment; promote mixed use developments; and actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable.

Section 2 of the NPPF relates to ensuring the vitality of town centres and p aragraph 23 states that local planning authorities should recognise town centres as the heart of their communities and pursue policies to support their viability and vitality. Paragraph 24 sets out that local planning authorities should apply a sequential test to planning applications for main town centre uses that are not in an existing centre and are not in accordance with an up to date Local Plan. They should require applications for main town centre uses to be located in town centres, then in edge of centre locations and only if suitable sites are not available should out of centre sites be considered. When considering edge of centre and out of centre proposals, preference should be given to accessible sits that are well connected to the town centre. Paragraph 25 goes on to say that the sequential approach should not be applied to applications for small scale rural offices or other small scale rural development.

Paragraph 28 states that planning policies should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development. To promote a strong rural economy, local and neighbourhood plans should: • Support the sustainable growth and expansion of all types of business and enterprise in rural areas, both through conversion of existing buildings and well designed new buildings; Page 30 • Promote the development and diversification of agricultural and other land-based rural businesses; • Support sustainable rural tourism and leisure developments that benefit businesses in rural areas, communities and visitors, and which respect the character of the countryside. This should include supporting the provision and expansion of tourist and visitor facilities in appropriate locations where identified needs are not met by existing facilities in rural service centres; and • Promote the retention and development of local services and community facilities in villages.

Paragraph 36 states that all developments that generate significant amounts of traffic should be required to provide a Travel Plan.

Paragraph 56 states that the Government attaches great importance to the design of the built environment and stresses that good design is a key aspect of sustainable development and is indivisible from good planning. To emphasise the importance of this statement paragraph 64 (under the design section) clearly states that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.

6.2 Development Plan Weighting

Paragraphs 214 and 215 of the NPPF advise on the weight that can be attributed to existing policies within the authority’s Development Plan. Paragraph 214 states that “For 12 months from the day of publication (of the NPPF, which was published on 27 March 2012), decision-takers may continue to give full weight to relevant policies adopted since 2004, even if there is a limited degree of conflict with this Framework”. Paragraph 215 continues by stating that, “In other cases and following this 12- month period, due weight should be given to relevant policies in existing (Development) Plans according to their degree of consistency with this Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given)”. In the Lancaster District, the Development Plan consists of the Regional Spatial Strategy, the Lancaster District Core Strategy, and the Saved Policies of the Lancaster District Local Plan. Relevant policies of each document are referred to over the following pages.

6.3 Lancaster District Core Strategy

Policy SC1 (Sustainable Development) – seeks to ensure that new development proposals are as sustainable as possible, minimise greenhouse gas emissions and are adaptable to the likely effects of Climate Change. It sets out a range of criteria against which proposals should be assessed. Development must not result in unacceptable flood risk or drainage problems; must not result in loss or harm to features of significant biodiversity, landscape, archaeology or built heritage importance; and be appropriate to the character of the landscape.

Policy SC3 (Rural Communities) – In rural areas and in smaller, more remote villages in particular, the Council will work with the Local Strategic Partnership, Parish Councils and other local stakeholders to protect, conserve and enhance rural landscapes and the distinctive characteristics of rural settlements.

Policy SC5 (Achieving Quality in Design) requires new development to be of a quality which reflects and enhances the positive characters of its surroundings, including the quality of the landscape, results in an improved appearance where conditions are unsatisfactory and complements and enhances public realm. The Council recognises the importance of environmental quality, both townscapes and natural landscapes, and seeks to work with developers to maintain and improve the quality of new development.

Policy ER4 (Town Centres and shopping) states that in order to maintain the vitality and viability of its town centres, provide services as locally as possible and minimise the need to shop by car, the Council proposes the following retail hierarchy: • Lancaster City Centre will be a sub-regional City Centre • Morecambe Town Centre will continue to develop as a Town Centre • Carnforth Town Centre will develop a District centre role as a key service centre, Market Town and visitor destination Page 31 • Bare, Caton, Heysham Road, Heysham, Lancaster University, Silverdale, Torrisholme, West End and Westgate will develop as local service centres

Policy ER5 (New Retail Development) sets out that new comparison retailing will be focussed on a planned expansion of Lancaster’s Primary Shopping Area and to meet regeneration needs in central Morecambe. New local food retailing will be provided in town or local centres or, at an appropriate scale in sustainable locations in areas of deficiency.

Policy ER6 – (Developing Tourism) sets out that the Council will promote and enhance tourism development in the District’s Countryside by encouraging agricultural diversification to create quiet recreation and small scale sensitively designed visitor attractions and accommodation, promoting new walking and cycling routes including long-distance routes and linkages to national networks.

Policy E1 (Environmental Capital) – The Council will safeguard and enhance the District’s Environmental Capital by: protecting and enhancing nature conservation sites, landscapes of national importance, listed buildings, conservation areas and archaeological sites; resisting development which would have a detrimental effect on environmental quality and public amenity; identifying how habitats in urban and rural areas will be protected and, where possible, enhanced; and conserving and enhancing landscapes.

6.4 Lancaster District Local Plan - adopted April 2004 (saved policies)

Policy E4 (Countryside Area) – Within the countryside, development will only be permitted where it is in scale and keeping with the character and natural beauty of the landscape; is appropriate to its surroundings in terms of siting, scale, design, materials, external appearance and landscaping; would not result in a significant adverse effect on nature conservation or geological interests; and makes satisfactory arrangements for access, servicing, cycle and car parking.

Policy E21 (Agricultural Diversification) sets out that proposals for business and tourism uses which form part of an existing agricultural unit will be permitted where the proposed use makes a positive contribution to the viability of the farm holding and remains a subsidiary to the main farming enterprise and would not result in a significant adverse impact on the character of the area or lead to an unacceptable increase in traffic.

Policy S1 (Retail Hierarchy) has been partly superseded by the Core Strategy. It sets out that new shopping development, other than small local shops, village shops and farm shops, will be permitted only within the city, district and local centres.

Policy S17 (Farm Shops) states that farm shops will be permitted where the proposed shops makes a positive contribution to the viability of the farm holding and remains subsidiary to the main farming enterprise, the goods sold are predominantly grown or produced within the farm unit and the proposal would not by reason of its scale, potential turnover or range of goods sold, have a significant adverse impact on nearby village shopping.

Policy TO3 (Rural Tourism) – Proposals for small scale tourist related uses in farm building groups and existing buildings in the countryside will be permitted where the proposal is: appropriate in terms of scale, design and landscaping; would not result in a significant adverse impact on adjoining residents or businesses; would not generate traffic likely to cause a significant adverse effect on the character of the area or increase accident risk; is easily accessible to pedestrians and cyclists; makes satisfactory arrangements for access, servicing and cycle and car parking; and makes reasonable provision for public transport where the development would be likely to significantly increase the demand for travel.

6.5 Emerging Local Plan Policies (draft Development Management DPD - Autumn/Winter 2012)

Policy EC1.1 (Town Centre Development) sets out that proposals for development of retail, office, leisure, cultural and tourism facilities and other ‘main town centre uses’ should be located within defined town centre boundaries, unless the proposals accord with any exceptional circumstances allowed for elsewhere in the Development process. Development proposals for main town centre uses which are not located in town centre locations will be expected to demonstrate that a Sequential Test has been applied to identify the proposal site. Proposals for town centre uses which are not located in town centre locations should seek to address the following issues: i. Ensure that the site is available, suitable and viable; ii. Ensure that all in centre options have been thoroughly assessed before less central sites are considered; iii. Ensure that where it has been demonstrated that where there are no town centre sites to accommodate a proposed development, preference is given to edge of centre locations which are well connected to the centre by means of easy pedestrian and public transport networks; iv. Ensure that in considering sites in or on the edge of an existing centre, developers and operators have demonstrated flexibility in terms of scale, layout/format and car provision; and v. That for proposals that result in the creation of floorspace over 2,500 squares metres that an impact assessment is submitted in accordance with paragraph 26 of the NPPF.

7.0 Comment and Analysis

7.1 The main issues to consider in relation to this application are:

• Principle of development • Highway / traffic implications • Design, visual impact and landscaping • Loss of agricultural buildings

7.2 Principle of development

The farm enterprise has changed significantly since the diversification first took place in 2006, and now forms a much smaller part of the business as a whole with the reduction in farming activities and an increase in activities for visitors. The planning statement submitted with the application sets out that, despite the difficult trading conditions, the site has been successful at attracting large numbers of visitors, in excess of 30,000 per year and employs over 50 people on site, full and part time. It also sets out that the open farm continues to attract large numbers of schools with children of all ages but that other activities have had mixed success. The café, function rooms and butchery continue to trade well and the farm shop is improving. It also states that the play barn has been successful with smaller children. However, with the continued recession there has been a noticeable decrease in both footfall and sales. The statement sets out that the range of activities and attractions on site needs to be increased to widen the appeal of the site and encourage visitors to stay for a longer period of time. They have also identified that there is a lack of activities to interest older children and younger teens in particular, with the play barn popular with children under 10.

7.3 The site is located within the open countryside within the existing complex which includes a range of uses beneficial to the visitor economy. The proposal involves the change of use of one building to form a multi purpose leisure use for older children and another to form workshop and retail units. The National Planning Policy Framework defines retail, leisure and tourism facilities as main town centre uses (Annex 2) which should be located in central and accessible locations. Paragraph 24 of the NPPF sets out that local planning authorities should apply a sequential test to planning applications for these uses that are not in an existing centre and are not in accordance with an up to date Local Plan. However, it does go on to state, in paragraph 25, that this should not be applied to applications for small scale rural offices or other small scale development. Irrespective of this, paragraph 28 suggests that planning polices should support economic growth in rural areas in order to create jobs and should support the provision and expansion of tourist facilities in appropriate locations where identified needs are not met by existing facilities in rural service centres. Policy ER6 of the Core Strategy sets out that the Council will promote and enhance tourism development in the District’s Countryside by encouraging agricultural diversification to create quiet recreation and small Page 33 scale sensitively designed visitor attractions.

7.4 The leisure and tourism facilities on the site have grown beyond what would be considered to be farm diversification. As such the proposals should be assessed in terms of whether an expansion of the site is appropriate, in addition to the type of uses proposed in this location. Although the proposed leisure use for older children is considered to be a town centre use, it will complement the existing play barn on the site and is not something that is provided in a nearby settlement so would comply with paragraph 28 of the NPPF. It is also a use that requires a relatively large floor area so would be more difficult to provide within a service centre.

7.5 The retail aspect of the proposals raises significant concerns, particularly given its scale. The planning submission sets out that the building would accommodate suitable businesses with a strong countryside association. The layout plan shows six workshop units with a combined area of 224 square metres and six retail units with a combined floor area of 555 square metres. It is also indicated that this layout plan is indicative and would be subject to change depending on demand. This has the potential to result in a single retail unit with a floor area of approximately 800 square metres. Any retail in this location has to be carefully considered as it has the potential to impact on nearby town and village centres. If any additional retail is to be permitted it should be of a type that complements the existing business and which will not compete with services provided in other service centres, in particular Carnforth which is located approximately 2.5 miles from the site.

7.6 The NPPF and the Core Strategy both place significant emphasis on maintaining the vitality and viability of town centres. Although the NPPF sets out that the sequential test should not be applied to small scale development, given the amount of retail floor space proposed in this unsustainable rural location the application should have at least identified the proposed end users, how the operators have a rural connection and how they would not compete with traditional high street retailers. It is also not clear through the evidence provided as to how further, substantial, retail uses on this site will further enhance the existing visitor facility nor why this proposal should be exempt from the provisions of the NPPF. There does not appear to have been much consideration given to other uses in order to strengthen the visitor attraction. In addition, the original proposal for the diversification on the site included four workshops on the first floor of the farm shop. This does not appear to have ever been implemented and is currently a gift shop.

7.7 On the basis of the above, the scale of the retail development proposed in this location is considered to be inappropriate and contrary to the provisions of the National Planning Policy Framework. The proposal would also be contrary to Policy S1 of the Lancaster District Local Plan and Policy EC1.1 of the emerging Development Management DPD, which require new retail development to be located within existing town centres.

7.8 Highways implications

County Highways has indicated that they have no objections to the proposal in principle, though they have identified some issues which need addressing. It has been recommended that informal accommodation of an additional 40 vehicles is provided. This would need to be indicated as part of the overall scheme as there are implications in relation to the impact on the landscape and visual amenity of the area. Part of the car park that was approved as an overflow area as part of one of the previous applications has no landscaping within it and is particularly prominent from the highway. It has also been recommended that due consideration is given to denoting areas of the site's parking facilities set aside exclusively for the benefit of staff and service vehicles, be it parking, setting down, picking up and turning areas. With regard to the creation of appropriate parking and turning facilities, consideration ought to be given to the organisation of all movements within the site (private / service vehicle, cyclists and pedestrians). At present, much of the parking areas are not formally laid out and inconsiderate parking could lead to less cars being accommodated on the site with the potential for vehicles to park on the highway.

7.9 The Highway Authority has also set out that that a contribution of £68,388 should be provided towards transport improvements, in particular: • The improvement of existing bus stop facilities (ref 2500LA00272 & 2500DCL2174) to County Council quality bus stop standards. • Implementation of a range of signing and lining improvements to the A6070 (Burton Road) and C489 (Chapel Lane) junction in line with a recent accident investigation report pertaining Page 34 to a fatality that occurred recently in the immediate vicinity of the application site, namely: o Extension of and improvements to an existing splitter-island along Chapel Lane arm of the junction there by providing improved definition of the minor arm of the junction. o Improvements to advanced direction signing on the A6070 approach to Greenlands Farm as well as the junction serving the Marina, Caravan Site and Longlands Hotel o Alteration of minor road signage incorporating existing signs into a single plate.

No discussions have currently taken place with the applicant regarding this requirement. However, if works to the adopted highway are required to serve the development proposal, they should be delivered by way of a Section 278 agreement, not a S106 agreement (see section 8).

7.10 An appropriate Travel Plan has also been requested given the amount of employme nt proposed. The Travel Plan, and the other transport issues set out above, would need to be conditioned if planning permission was to be granted. However, at the present time adequate on-site parking could not be accommodated within the application's red edged site and therefore a fresh submission is sought to address this important issue. Overspill parking onto the highway, which given the site's location is the only alternative, would reduce the highway's safety and efficiency. Highway safety has already been highlighted by the Highway Authority as a critical problem.

7.11 Design, visual impact and landscaping

The proposal involves the conversion of two modern agricultural buildings of a utilitarian appearance. Limited alterations are proposed to their external walls and roofs of the buildings and the application sets out that it is the intention to retain the appearance of a north Lancashire farm. These buildings were erected for an agricultural purpose and do not contribute positively to the character or visual amenity of the area. If they are to be retained, it is considered that significant improvements should be made to the appearance of the buildings in order to enhance the overall site. In addition, only a very basic landscaping scheme has been submitted. There is already a large expanse of hard surfacing which is very prominent from the highway and has limited landscaping. Given the level of expansion of the visitor attraction proposed on the site, it is considered that significant landscaping should be provided to help improve the general appearance of the site.

7.12 Loss of agricultural buildings

The application sets out that the two buildings which are to be re-used are redundant and no longer needed for agricultural purposes. The yard at the rear, where the additional car parking is to be provided, appears to be used to park or store farm machinery. Further information has been requested from the agent as to where machinery would be stored and whether the proposal would lead to additional agricultural buildings on the site. Although the farming enterprise in much smaller than it once was, the application sets out that the working farm is still an important and essential part of the operation. As such, there will be various types of machinery required to continue the operation of the farm. As such, it has not been fully demonstrated that there is no longer a need for these two buildings. There are also concerns that machinery could be stored outside to the detriment of the visual amenity of the area and due consideration should be given to this if the only remaining agricultural buildings are to be converted to other uses.

7.13 Other issues

A bat and barn owl survey was submitted with the application given the internal alterations proposed to the buildings. A desk based study and site surveys were carried out, including a bat emergence survey. There were no signs of barn owls. However, there was evidence of the presence of Pipistrelle bats in one of the buildings but no indication of habitual roosting. The emergence survey observed a Common Pipistelle feeding in one of the buildings. The report concludes that there was evidence of a low level of use of the local area and buildings for foraging and the adjacent habitat is considered sub optimal for use by large numbers of bats. It also sets out that the site survey found no evidence of bat roosting in the buildings including any signs of past maternity or gathering roosts. As such the proposal should not adversely impact on this protected species. The mitigation proposed involves a precautionary approach to be taken when work is carried out on site.

7.14 All of the larger building to be converted, and approximately half of the smaller building, are located within flood zone 2. A very basic flood risk assessment has been submitted with the application. The technical Guidance to the NPPF sets out that the uses proposed fall within the less vulnerable Page 35 category and as such are appropriate within flood zone 2. The proposals involve the use of existing buildings and hard standing and as such should not increase the risk of flooding.

8.0 Planning Obligations

8.1 County Highways has requested a contribution towards highway improvements although an exact figure has not been agreed. Regardless of this, if all the off-site works required to serve the proposed development are within the adopted highway, then the use of planning conditions requiring the developer to enter into a Section 278 agreement with the County Council would be the Local Planning Authority's and the Highway Authority's preferred approach.

9.0 Conclusions

9.1 The proposals involve a significant increase in the visitor attractions at this site. Although there may be justification for the additional leisure use, the proposed retail use is considered inappropriate in this isolated rural location as it has the potential to be detrimental to nearby service centres without adequate control. No sufficient justification for the inclusion of the retail use has been submitted in support of this application. There has also not been significant additional parking indicated to accommodate the likely level of visitors to the site during particularly busy periods and it has not been fully demonstrated that the buildings to be converted are no longer required for agricultural purposes. As such the proposal is considered to be contrary to the provisions set out in the NPPF and various policies contained within the Council’s Local Plan, Core Strategy and emerging Development management DPD.

Recommendation

That Planning Permission BE REFUSED for the following reasons:

1. The scale of the retail development proposed is considered to be inappropriate in this isolated rural location and has the potential to have a detrimental impact on the viability and vitality of nearby local and service centres. The application fails to provide sufficient justification as to how operators of the proposed retail space would not compete with traditional high street retailers and complement local rural businesses. The proposal is therefore contrary to Sections 2 and 3 of the National Planning Policy Framework, policies ER4 and ER6 of the Lancaster District Core Strategy, saved policies E4, S1, S17 and TO3 of the Lancaster District Local Plan and Policy EC1.1 of the emerging Development Management DPD.

2. The scale of the development proposed is considered to increase the demand for parking given the site's inaccessible location to a range of non-motorised and other more sustainable transport mo des. The proposal does not demonstrate how this additional demand for parking can be accommodated within the site especially during particularly busy periods and the lack of suitable on-street alternative arrangements. The proposal is therefore contrary to SC1 of the Lancaster District Core Strategy, and saved policies E4 and TO3 of the Lancaster District Local Plan.

3. The application has failed to fully demonstrate that the buildings to be converted are no longer required for agricultural purposes. The proposal is therefore contrary to saved policy E21 of the Lancaster District Local Plan.

Human Rights Act

Background Papers

None.

Page 36 AgendaAgenda Item Item 9 Committee Date Application Number

A9 7 May 2013 13/00035/FUL

Application Site Proposal

Silverdale Hotel Combined sewer separation works, new sewage Shore Road treatment plant, new soakaway, new pump house, Silverdale new grease separator and general modifications to Carnforth existing drainage (revision of 12/00305/FUL)

Name of Applicant Name of Agent

Marstons Pub Co Ian Murray

Decision Target Date Reason For Delay

12 March 2013 Ongoing negotiations and receipt of amended plans

Case Officer Mr Andrew Holden

Departure N/A

Summary of Recommendation Approval

(i) Procedural Matters

This form of development would normally be dealt with under the Scheme of Delegation. Following residential amenity concerns being raised by neighbouring residents to the local councillor a request has been made by Cllr. Graham for determination by planning committee.

1.0 The Site and its Surroundings

1.1 The application site is located within the village of Silverdale in the area designated for its Outstanding Natural Beauty. The application site comprises a complex of buildings which form the Silverdale Hotel public house. The main public house building is grade II listed but has a complex of adjoining outbuildings. A beer garden is to the north of the public house and is bounded by Shore Road and Shore Close. To the east of the building complex is the car parking area accessed directly off Shore Road.

1.2 A number of independent dwellings also abut the boundary of the site, a converted coach house to the south, a detached bungalow (formerly in the ownership of an earlier landlord) to the north east and a further detached bungalow to the south of the car parking area.

1.3 Site boundaries are primarily limestone walls of varying height including the boundary to the highways and the southern boundary to the car park. This wall is approximately 1.8m in height. Open land lies to the east and is again bounded by a limestone wall approximately 1.2m in height.

2.0 The Proposal

2.1 The application is seeking to address the poor drainage system at the public house. The property currently uses its historical septic tank arrangement as a storage tank with effluent being held within the tank and removed off site on a regular basis (understood to be several times a month). This arrangement is not practicable or financially viable. The application is seeking to rationalise the whole of the drainage system within the complex. The current drainage system is a combined one with both rain water and foul water being directed into the storage tank. The application is seeking to develop a separate system, splitting the surface/rain water and the foul flows from the site. The Page 37 clean surface/rain water would be directed into a new soakaway and the foul water would again be held in the original septic tank but then pumped into a rising main around the perimeter of the building parallel to Shore Road, along the access road to the car park and to a new treatment plant to be located to the rear of the car park along its eastern boundary.

2.2 The treatment plant is contained within a tank measuring 7.4m long x 2.8m diameter. The tank is to be set below the surface with only a maximum of 900mm of the tank sat above the ground. A hit and miss fence is to be built on three side of the tank with the boundary wall forming the rear of the enclosure. Flows from the treatment plant would run to a new soakaway located within the car parking area.

2.3 To facilitate the surface water element of the scheme new rainwater pipes are to be introduced onto all the buildings within the complex. These will pick up rainwater and direct them to surface water soakaways. A new grease separator is also to be added to the foul drainage system to ensure that the foul flows from the kitchen are improved before entering into the main treatment plant.

2.4 The scheme has been revised a number of times to address errors in the submission and in order to attempt to address concerns of the neighbouring residents.

2.5 Original scheme - the basic scheme has not changed from its original submission but did incorporate errors in drafting which resulted in the line of the pumped main being drawn through land outside the applicant's control. The appropriate ownership notices had not been served and the proposal did not gain the support of the owner through which the main was to be laid.

2.6 First revision – The scheme was modified to direct the pumping main outside the domestic curtilage of 2 Coach House and into the public highway forming part of Shore Road. The line of the pumped main running within the beer garden, across the forecourt of the public house, into the highway and turning into the car park and rising to the rear of the car park to feed into the treatment plant. Formal notice has been served upon Lancashire County Council and the highway authority. In addition a 3.5m high vent pipe was proposed alongside the treatment plant against the rear wall of the car park.

2.7 Final scheme – the adjacent neighbour put forward a possible scheme to seek to address his concerns over the relationship of the treatment plant to his dwelling along with concerns over the potential for smell nuisance arising form the treatment plant. The applicant has taken on board concerns from the neighbour as well as the local planning authority and revised the siting of the tank (moved to a central distance between both neighbours. A low level carbon filtered vent has been introduced to replace the proposed 3.5m vent stack.

3.0 Site History

3.1 The site has a long planning history dating back over 30 years. Most applications relate to the development and operation of the public house (extensions, signage, general works) with no direct impact upon the current proposals. A recent application 12/00305/FUL gained consent for similar works to that proposed under the current application but with the treatment plant sited to the north of the buildings and an associated upgrade of the soakaway system within the same area.

3.2 The applicant has chosen to seek consent for a revised scheme as it is considered to be cheaper. The scheme approved under 12/00305/FUL involves excavation of rock which lies close to the surface and due to the close relationship to the listed building the full submergence of the tank below ground level. Following trial excavation, rock under the car park lies at a deeper level and whilst the works are more extensive the overall costs will be less. In addition, the agent has indicated that the re-siting of the treatment plant from the beer garden area would avoid smells in the unlikely event they occur.

Application Number Proposal Decision 12/00305/FUL Combined sewer separation works, new sewage treatment Approved plant, new soakaway, new pump house, new grease separator and general modifications to existing drainage 12/00418/LB Combined sewer separation works, new sewage treatment Approved plant, new soakaway, new pump house, new grease Page 38 separator and general modifications to existing drainage

4.0 Consultation Responses

4.1 The following responses have been received from statutory and internal consultees:

Consultee Response Environmental No objections in principle; suggested conditions include: Health - acoustically design to the reused septic tank as a pumping station - Hours of construction - Acoustic design to all machinery

Final revised plans – comments that the low level filtration system will require ongoing maintenance and a high level vent is the preferable ventilation option.

Environment No comments received within the statutory consultation period. Agency Parish Council No objections but would suggest the pipes are laid to the rear rather than at the front, in case of a burst.

Final revised plans – final views awaited

5.0 Neighbour Representations

5.1 Correspondence has been received from three neighbours immediately adjacent to the application site raising comment over the various plans that have been submitted to the local planning authority.

Initial submission –

- Concerns over the relocation of the approved scheme close to an independent residential property, particularly given the reason being stated as ‘ to avoid the albeit unlikely event of odours within a dining/beer garden’. - Within 7m of the neighbouring dwelling - Potential for smells and nuisance arising from the proposed development - Potential for the soakaway position to lead to percolate into habitable areas - Scheme fails to meet current Building Regulation minimum distances form habitable buildings - Potential for the pumped foul main to contaminate water supplies - The site already has an approved scheme - Route of pumped main lies outside the control of the applicant within land ownership of an independent resident (2 Coach House). The owner of the land has not been approached by the brewery to site the pumping main through the garden area, nor has notice been appropriately served as part of the application. Certificate A is therefore incorrect - The submission lacks sufficient technical information required under DETR and Circular 03/99 guidance.

First revised scheme –

- Support for the principle of a new sewerage system for the Silverdale Hotel - Concerns that the scheme will lead to develop a soakaway which will affect the neighbour's garden area and vegetable plot. Site only 12m from the house. - Standing water regularly sits in the neighbouring field only 10m from the soakaway. - Historic management of the public house has affected the viability of the current septic tank drainage; poor use of the system could again lead to smells from the treatment plant. - Reiteration of concerns over the close relationship of the site residential properties and the potential for smell nuisance. - Suggestion of re-siting of the tank away form a dwelling - The proposed ventilation stack is visually intrusive and should be redirected to site alongside existing buildings - Clarity needs over the precise depth to which the tank is to be submerged. Conflicting information contained with D& A Statement, drawing and drawing notations. Page 39 - Questions the depth of soil above the rock in this location, the tank depth will be compromised. - Suggestion of a revised scheme provide for comment by the agent.

Final revisions –

- concerns that the pumped system will lead to underground disturbance

Any further comments will be reported directly to Planning Committee.

6.0 Principal National and Development Plan Policies

6.1 National Planning Policy Framework

Paragraph 14 states that there is a presumption in favour of sustainable development. Development proposals which accord with the development plan should be approved without delay.

Paragraph 17 (Core Planning Principles) sets out 12 core land-use planning principles which should underpin both plan-making and decision taking. The principles which are relevant to this application state that planning should: be genuinely plan-led; be a creative exercise in finding ways to enhance and improve places; be supportive of sustainable economic development; seek high quality design and good standards of amenity; take account of different roles and character of different areas; encourage the use of previously developed land and promote mixed use developments and encourage benefits from land use in urban and rural areas.

Paragraph 56 is entitled ‘Requiring Good Design’. It states that the Government attaches great weight to the design of the built environment and that good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people.

Paragraph 128 seeks the applicant to describe the significance of any heritage asset affected, including any contribution made by their setting. The level of such detail should be proportionate to the assets’ importance. Assets which are of archaeological importance should require an appropriate assessment.

Paragraph 129 local authorities should identify and assess the significance of the heritage asset and the affect the proposal may have. Development should seek to minimise conflict between the asset’s conservation and aspect of the proposal.

Paragraph 131 in determining applications, local planning authorities should take account of: -

- the desirability of sustaining and enhancing the heritage asset and putting them into viable uses consistent with their conservation. - the positive contributing the conservation of a heritage asset can make - the desirability of new development in making a positive contribution to local character and distinctness.

Paragraphs 132-133 when considering the impact of a development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting.

Paragraph 134 where a development proposal will lead to less than substantial harm to the significance of a designated heritage assets, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use.

6.2 Development Plan Weighting

Paragraphs 214 and 215 of the NPPF advise on the weight that can be attributed to existing policies within the authority’s Development Plan. Paragraph 214 states that “For 12 months from the day of publication (of the NPPF, which was published on 27 March 2012), decision-takers may continue to give full weight to relevant policies adopted since 2004, even if there is a limited degree of conflict with this Framework”. Paragraph 215 continues by stating that, “In other cases and following this 12- Page 40 month period, due weight should be given to relevant policies in existing (Development) Plans according to their degree of consistency with this Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given)” . In the Lancaster District, the Development Plan consists of the Regional Spatial Strategy, the Lancaster District Core Strategy, and the Saved Policies of the Lancaster District Local Plan. Relevant policies of each document are referred to over the following pages.

6.3 Lancaster District Core Strategy

Policy SC1 (Sustainable Development) seeks to ensure that new development proposals are sustainable in terms of both location and design. This policy, albeit a generic overriding policy, states that sites should be previously developed and accessible to public transport, employment, leisure, education and community facilities.

Policy SC3 (Rural Communities) seeks to build healthy sustainable communities by empowering rural communities to develop local vision, identity local needs and manage change in the rural economy and landscape. Development should protect, conserve and enhance rural landscapes and the distinctive characteristics of rural settlements. The policy identifies 8 key villages within the rural area that have five basic services and should be the focus of new housing development outside the main urban areas. Silverdale is one of those villages.

Policy E1 (Environmental Capital) aims to improve the District’s environment seeking to safeguard and enhance the District’s environmental capital by: • directing development to locations, where previously developed land can be recycled and re- used, dereliction cleared and contamination remediated; • protecting and enhancing nature conservation sites and landscapes of national importance, listed buildings, conservation areas and archaeological sites; • resist development which would have a detrimental effect on environmental quality and properly manage environmental risks such as flooding; • ensuring that development in the city of Lancaster and other historic areas conserves and enhances their sense of place; • making places more pleasant and liveable with safer, cleaner, more legible and more attractive streets and spaces; • protect and where possible enhance habitats and the diversity of wildlife species, and conserve and enhance landscape.

6.4 Lancaster District Local Plan – Saved policies

Policy E3 (Areas of Outstanding Natural Beauty) (AONBs) outlines their primary objective as being to conserve the natural beauty of the landscape. The local planning authority intends to do this by resisting inappropriate development and insisting on high design standards for proposals which are approved. Development which would either directly or indirectly have a significant adverse effect upon their character or harm the landscape quality will not be permitted. Development must also be of an appropriate scale.

Policy E33 (Alterations and Extensions) seeks to ensure that any alterations involving internal or external alterations to a listed building would not have an adverse effect upon the character or setting of the listed building.

6.5 Emerging Local Plan Policies (draft Development Management DPD - Autumn/Winter 2012)

The Council is in the early stages of preparation of an emerging Local Plan and has now completed the first Preferred Options consultation on the Development Management DPD. Whilst in the early Page 41 stages of the plan process, policies in the emerging Local Plan are a material consideration. However, the degree of weight that can be afforded to these policies varies depending on stage of preparation of the emerging plan, the extent to which there are unresolved objections to relevant policies and the degree of consistency with the Framework (paragraph 216 of the NPPF). Limited weight can therefore be afforded to the following draft policies that received no significant objections and are relevant to this application:

7.0 Comment and Analysis

7.1 The application has been submitted to address an unsustainable situation at the public house. The current drainage arrangement is both impractical and unviable resulting in expansive and regular removal of waste from the storage tanks. The principle of the introduction of new treatment plant, separation of the flows to foul and surface water and the associated works to both the listed building and within its curtilage have already been considered under the earlier application 12/00305/FUL and its associated listed building application 12/00418/LB.

7.2 The current application has been submitted as the agent has identified that the location of the approved scheme will necessitate the removal of significant volumes of rock which is an expensive operation. Whilst the current proposed scheme is more extensive, the underlying rock is considered to be much lower in the car parking area. This, together with the reduce submergence of the tank, is estimated to be a less expensive scheme overall. The agent has also indicated that the relocation of the treatment plant will, in the unlikely event of smells being produced, be located away from the beer garden.

7.3 It is considered that the main issues relating to the development are: -

Residential amenity

The statement from the agent within the submission that the treatment plant has been re-sited to avoid potential smell nuisance arising from the development has not unsurprisingly raised comment from the immediate neighbouring residential occupiers. In practice the treatment plants when well maintained do not generate smell but in order to address the concerns of the neighbours the scheme has a vent system built into it. A final revision of the ventilation system has developed a low level vent with the addition of carbon filtration to eliminate any potential smells arising form the treatment plant.

7.4 Environmental Health indicate that this is not their preferred option and the earlier proposed 3.5m high vent pipe would provide an more effective long term solution. Whilst this is no doubt the most effective ventilation method it does produce a tall stack which in the position proposed by the applicant would be highly visible from the neighbouring field which is well used by locals and visitors to the area. The proposed scheme will involve on-going maintenance.

7.5 A further revision of the scheme has relocated the treatment plant equidistant (13.5m) from the two immediate neighbours. Given, the control of potential smells from the treatment plant, the presence of a substantial boundary wall or hedge and the screening of the tank by additional fencing, it is considered that the proposed location offers a practical location which does not unduly impact upon the amenities of neighbouring residents.

7.6 Impact upon the Listed Building

The relocation of the treatment plant to the car parking area associated with the public house significantly reduces the impact upon the character and setting of the listed building. The approved scheme sought to locate the treatment plant directly in front of the listed building within the beer garden. This close relationship necessitated the full submergence of the treatment plant. Page 42

7.7 The current application makes use of current submerged tanks adjacent to the listed building and limits works close to the listed building. A cluster of outbuildings separate the listed building from the treatment plant and locates the development as far from the listed building as possible within the area already made over to car parking.

7.8 The development of a separate system of drainage will necessitate the provision of addition pipework and rainwater pipes to both the listed building and the adjoining outbuildings. The principle of this is considered acceptable, with the applicant indicating that new pipework will match existing. It is considered that the precise details of the new pipework will need to be agreed and this could be satisfactorily secured by condition.

7.9 Impact upon the wider Arnside and Silverdale AONB

The scheme has been designed to minimise impact on the curtilage of the listed building and the wider AONB. Following a revision to address concerns of the neighbour over the control of potential smells, a 3.5m high ventilation stack was proposed immediately alongside the treatment plant. This approach to ventilation was considered unacceptable in the proposed location introducing a substantial structure above the line of a stone wall forming the east boundary of the car parking area and the neighbouring open fields. Rather than re-siting the vent pipe alongside an existing building which would have involved additional expense, the scheme has been revised to introduce a filtered vent at ground level within the proposed timber enclosure. This approach has removed any visibility of the development from the fields to the east. The development as revised is not considered to have a significant effect upon the AONB.

8.0 Planning Obligations

8.1 There are no planning obligations to consider as part of this application.

9.0 Conclusions

9.1 The proposal will remove a poorly functioning septic tank and introduce a treatment plant which will remove the pollution potential from this location. The key issue relates to the impact of the proposal upon neighbouring residents, the adjacent listed building and the wider Arnside and Silverdale AONB. The revised scheme is considered to have addressed concerns raised by the local planning authority and now accords with development plan policy and the directions contained within the NPPF. Subject to appropriate conditions, the application should be supported.

Recommendation

That Planning Permission BE GRANTED subject to the following conditions:

1. Standard three year time limit 2. Development to be built in accordance with the approved plans 3. Amended plans dated 10 April 2013 4. Hours of construction 5. Construction management (rock extraction technique) 6. Details of the acoustic approach to the reuse of the septic tank as a pumping station 7. Tank submergence shall be at least 1.5m below ground level (no more than 900mm above ground level). 8. Precise details of external finish to the timber ‘hit and miss’ enclosure to be agreed 9. Precise details of the materials, profile and colour of all rain water goods to be agreed

Page 43 Human Rights Act

Background Papers

None.

Page 44 AgendaAgenda Item Item 10 Committee Date Application Number

A10 7 May 2013 13/00036/LB

Application Site Proposal

Silverdale Hotel Listed building application for combined sewer Shore Road separation works, new sewage treatment plant, new Silverdale soakaway, new pump house, new grease separator Carnforth and general modifications to existing drainage (revision of 12/00418/LB)

Name of Applicant Name of Agent

Ian Murray

Decision Target Date Reason For Delay

12 March 2013 Ongoing negotiations and receipt of amended plans

Case Officer Mr Andrew Holden

Departure No

Summary of Recommendation Approval

1.0 The Site and its Surroundings

2.0 The Proposal

2.1 The application is seeking to address the poor drainage system at the public house. The property currently uses its historical septic tank arrangement as a storage tank with effluent being held within the tank and removed off site on a regular basis (understood to be several times a month). This arrangement is not practicable or financially viable. The application is seeking to rationalise the whole of the drainage system within the complex. The current drainage system is a combined one with both rain water and foul water being directed into the storage tank. The application is seeking to develop a separate system, splitting the surface/rain water and the foul flows from the site. The clean surface/rain water would be directed into a new soakaway and the foul water would again be held in the original septic tank but then pumped into a rising main around the perimeter of the building parallel to Shore Road, along the access road to the car park and to a new treatment plant to be located to the rear of the car park along its eastern boundary.

Page 45 2.2 The treatment plant is contained within a tank measuring 7.4m long x 2.8m diameter. The tank is to be set below the surface with only a maximum of 900mm of the tank sat above the ground. A hit and miss fence is to be built on three side of the tank with the boundary wall forming the rear of the enclosure. Flows from the treatment plant would run to a new soakaway located within the car parking area.

2.4 The scheme has been revised a number of times to address errors in the submission and in order to attempt to address concerns of the neighbouring residents.

3.0 Site History

Application Number Proposal Decision 12/00305/FUL Combined sewer separation works, new sewage treatment Approved plant, new soakaway, new pump house, new grease separator and general modifications to existing drainage 12/00418/LB Combined sewer separation works, new sewage treatment Approved plant, new soakaway, new pump house, new grease separator and general modifications to existing drainage

4.0 Consultation Responses

4.1 The following responses have been received from statutory and internal consultees: Page 46

Consultee Response Conservation No comments received in respect of the current proposal – principles agreed as part Officer of the consideration of the previous scheme

5.0 Neighbour Representations

5.1 No comments have been received during the statutory consultation period.

6.0 Principal National and Development Plan Policies

6.1 National Planning Policy Framework

Paragraph 14 states that there is a presumption in favour of sustainable development. Development proposals which accord with the development plan should be approved without delay.

Paragraph 131 in determining applications, local planning authorities should take account of: -

6.2 Development Plan Weighting

Paragraphs 214 and 215 of the NPPF advise on the weight that can be attributed to existing policies within the authority’s Development Plan. Paragraph 214 states that “For 12 months from the day of publication (of the NPPF, which was published on 27 March 2012), decision-takers may continue to Page 47 give full weight to relevant policies adopted since 2004, even if there is a limited degree of conflict with this Framework” . Paragraph 215 continues by stating that, “In other cases and following this 12- month period, due weight should be given to relevant policies in existing (Development) Plans according to their degree of consistency with this Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given)” . In the Lancaster District, the Development Plan consists of the Regional Spatial Strategy, the Lancaster District Core Strategy, and the Saved Policies of the Lancaster District Local Plan. Relevant policies of each document are referred to over the following pages.

6.3 Lancaster District Core Strategy

6.4 Lancaster District Local Plan – Saved policies

6.5 Emerging Local Plan Policies (draft Development Management DPD - Autumn/Winter 2012)

The Council is in the early stages of preparation of an emerging Local Plan and has now completed the first Preferred Options consultation on the Development Management DPD. Whilst in the early stages of the plan process, policies in the emerging Local Plan are a material consideration. However, the degree of weight that can be afforded to these policies varies depending on stage of preparation of the emerging plan, the extent to which there are unresolved objections to relevant policies and the degree of consistency with the Framework (paragraph 216 of the NPPF). The draft policies relevant to this application are the subject of objections and can therefore not be afforded any weight at this stage.

Page 48 7.0 Comment and Analysis

7.2 The current application has been submitted as the agent has identified that the location of the approved scheme will necessitate the removal of significant volumes of rock which is an expensive operation. Whilst the current proposed scheme is more extensive, the underlying rock is considered to be much lower in the car parking area. This, together with the reduced submergence of the tank, is estimated to be a less expensive scheme overall. The agent has also indicated that the relocation of the treatment plant will, in the unlikely event of smells being produced, be located away from the beer garden.

7.3 Impact upon the Listed Building

7.4 The current application makes use of current submerged tanks adjacent to the listed building and limits works close to the listed building. A cluster of outbuildings separate the listed building from treatment plant and locates the development as far from the listed building as possible within the area already made over to car parking.

7.5 The development of a separate system of drainage will necessitate the provision of addition pipework and rainwater pipes to both the listed building and the adjoining outbuildings. The principle of this is considered acceptable, with the applic ant indicating that new pipework will match existing. It is considered that the precise details of the new pipework will need to be agreed and this could be satisfactorily secured by condition.

8.0 Planning Obligations

8.1 There are no planning obligations to consider as part of this application.

9.0 Conclusions

9.1 The proposal will remove a poorly functioning septic tank and introduce a treatment plant which will remove the pollution potential from this location and in principle should be encouraged. The revised scheme is considered to have addressed concerns raised by the local planning authority and it is considered that the proposed development can be introduced into the curtilage of the listed building without unduly impact of its character and setting and accords with development plan policy and the directions contained within the NPPF. Subject to appropriate conditions, the application should be supported.

Recommendation

That Listed Building Consent BE GRANTED subject to the following conditions:

1. Standard Listed Building Consent 2. Development to be built in accordance with the approved plans 3. Amended plans dated 10 April 2013 4. Tank submergence shall be at least 1.5m below ground level (no more than 900mm above ground level). 5. Precise details of external finish to the timber ‘hit and miss’ enclosure to be agreed 6. Precise details of the materials, profile and colour of all rain water goods to be agreed

Page 49 Human Rights Act

This recommendation has been reached after considera tion of the provisions of The Human Rights Act. Unless otherwise stated in this report, the issues arising do not appear to be of such magnitude to override the responsibility of the City Council to regulate land use for the benefit of the community as a whole, in accordance with national law.

Background Papers

None.

Page 50 AgendaAgenda Item Item 11 Committee Date Application Number

A11 7 May 2013 13/00223/CU

Application Site Proposal

The Knoll Change of use from resource centre (B1) to create Westbourne Road single residential dwelling (C3) Lancaster Lancashire

Name of Applicant Name of Agent

Mrs D Whittle Mr B Cleminson

Decision Target Date Reason For Delay

16 May 2013 None

Case Officer Mr Karl Glover

Departure No

Summary of Recommendation Approval

(i) Procedural Matters

The proposed development would normally fall within the scheme of delegation. However, the applicant is related to a member of staff who is employed by the City Council and as such the proposal must be determined by the Planning Committee.

1.0 The Site and its Surroundings

1.1 The building which forms the subject of this application is a substantial three storey detached Grade ll Listed building known as The Knoll and is located on the south western side of Westbourne Road in an area of Lancaster known as Cannon Hill. The application building is constructed of red brick under a smooth cast white render with decorative Victorian style timber beams at third floor all of which is contained under a rosemary tiled roof with a number of historical single glazed timber windows, some of which have decorative stained glass features located within. The building has three large chimneys and at the third floor level there is an existing timber balcony overlooking the rear garden. Against the western boundary to the front of the site there is a large detached double garage constructed of the same materials as the building.

1.2 At present the building remains unoccupied with the exception of on-site security. However, it previously served as offices/resource centre (use class B1) for Lancashire County Council. The rear garden is significantly large in scale and is bound in each direction by large mature trees most of which are subject to Tree Preservation Orders (TPOs). There are two entrance points to the site which are accessed from Westbourne Road. The front boundary consists of a (approximate) 1.5m high natural stone wall with a further belt of mature TPO trees located behind whose canopies overhang the highway.

1.3 The surrounding area is predominantly characterised by low density large Victorian houses surrounded by mature woodland and extensive gardens. Towards the east of the property is a pair of semi detached dwellings accessed down a narrow lane known as Sunny Hill. To the north side of Westbourne Road opposite the site is the access to Fair Elms (retirement apartments) and Beechfield. Westbourne Road increases in gradient running east to west and has a number of speed bumps within. There is a narrow paved public footpath running along the southern side of the Page 51 highway.

1.4 The application site remains unallocated within the Lancaster District Local Plan proposals map, though it is located within the recently designated Cannon Hill Conservation Area and is surrounded by trees which are subject to Tree Preservation Orders (118/G2 & 118/T1).

2.0 The Proposal

2.1 The application seeks the change of use from former offices and resource centre (Use Class B1) to form a single dwelling house with associated domestic curtilage and access (Use Class C3). The proposal seeks to retain the existing access arrangements.

3.0 Site History

3.1 The most relevant history to this proposal is the Listed Building Application 13/00301/LB which seeks listed building consent for internal alteration to facilitate the change of use of the building into residential. This application runs in conjunction within this change of use submission. Other relevant historical planning history is listed below:

Application Number Proposal Decision 85/00172/HST Conversion of detached dwelling into three self contained Permitted flats 87/01039/HST Change of use to resource centre for mentally Permitted handicapped 10/0048/TPO Various works to various trees Permitted

4.0 Consultation Responses

4.1 The following responses have been received from statutory and internal consultees:

Consultee Response Environmental No objections to the proposal – it has been recommended that an unforeseen Health Services contaminated land condition is attached along with hours of construction Lancashire County No objections to the proposal – condition requiring a wheel wash facility has been Highways suggested. Tree Protection No objections to the proposal – advised that as part of the change of use there is no Officer proposals which would affect the protected trees Strategic Housing No objections to the proposal – the applicant has indicated that the costs of converting Officer the Listed building will require further investment to return the property back to a dwelling. Due to the amount required in this instance it would not be viable to provide a contribution to affordable housing. This approach in this instance is seen to be acceptable subject to confirmation from the Conservation Officer (see below). Conservation No objections – Detailed pre-application advice has been provided (most of which is Officer addressed/highlighted within the listed building application). It is confirmed that the restoration and refurbishment of this grade ll listed property within the conservation area will enhance and improve the heritage asset. As such the benefit of this omits the requirement to provide a contribution to affordable housing within the District.

5.0 Neighbour Representations

5.1 No comments have been received during the statutory consultation period.

6.0 Principal National and Development Plan Policies

6.1 National Planning Policy Framework (NPPF)

Paragraph 14 states that there is a presumption in favour of sustainable development. Development proposals which accord with the development plan should be approved without delay.

Page 52 Paragraph 17 details the 12 core land-use principles which should underpin decision-taking. The principles include seeking a good standard of amenity for all existing and future occupants of land and buildings, protecting the Green Belt and supporting transition to a low carbon future. Account must be taken of and support given to local strategies to improve health, social and cultural well being for all and deliver sufficient community and cultural facilities and services to meet local needs.

Section 7 (Requiring Good Design) – Paragraph 56 states that the design of the built environment is of great importance and that good design is a key aspect of sustainable development. This is expanded on in paragraph 58 which requires development to respond to local character and to be visually attractive.

Paragraph 131 in determining applications, local planning authorities should take account of: -

Paragraph 132 when considering the impact of a development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting.

Paragraph 140 directs local planning authorities to assess whether the benefits of a proposal for enabling development, which would otherwise conflict with planning policies but which would secure the future conservation of a heritage asset, outweigh the disbenefits of departing from those policies.

6.2 Development Plan Weighting

6.3 Lancaster District Core Strategy

Policy SC1 (Sustainable Development) requires development to be located in an area where it is convenient to walk, cycle or travel by public transport between homes, workplaces, shops and other facilities. It also states that development must not result in unacceptable flood risk or drainage problems and does not have a significant adverse impact on a site of nature conservation or archaeological importance; it should incorporate energy efficient design and renewable energy Page 53 technologies, create publicly accessible open space, and be compatible with the character of the surrounding landscape.

Policy SC5 (Achieving Quality in Design) states that new development must reflect and enhance the positive characteristics of its surroundings.

Policy E1 (Environmental Capital) – its purpose to improve the District’s environment by: • protecting and enhancing nature conservation sites and landscapes of national importance, Listed buildings, conservation areas and archaeological sites • encourage development to locations where previously developed land can be re-used • ensuring that development in the city of Lancaster and other historic areas conserves and enhances their sense of place • protect and where possible enhance habitats and the diversity of wildlife species, and conserve and enhance landscape

6.4 Lancaster District Local Plan (Saved Policies)

In accordance with paragraph 215 of the NPPF, the following saved policies are considered consistent with the Framework and are therefore relevant to the determination of the application

Policy H12 (Layout Design and the Use of Materials) states that proposals for ne housing development will only permitted which exhibit a high standard of design, layout and landscaping which use materials and features which are appropriate to and retain the distinctive local identity of their surroundings.

Policy H19 (Development on Small Sites in Lancaster, Morecambe, Heysham and Carnforth) sets out that new residential development will only be permitted which would not result in the loss of important open space, would not have a significant adverse affect on the amenities of nearby residents, provides a high standard of amenity and makes satisfactory arrangements for access and car parking.

Policy E36 (Development proposals within the Conservation Area) states that planning permission to change the use of a building which makes a positive contribution to a conservation area will not be granted if the change of use or associated alterations fail to preserve or enhance the character and appearance of the conservation area.

Supplementary Planning Guidance Note: 12 ‘Residential Design Code’ (SPG12 ) sets out key design principles for all new residential development, such as separation standards, privacy considerations, amenity space and consideration of local distinctiveness.

6.5 Emerging Policy

The Council is in the early stages of preparation of an emerging Local Plan and has now completed the first Preferred Options consultation on the Development Management DPD. Whilst in the early stages of the plan process, policies in the emerging Local Plan are a material consideration. However, the degree of weight that can be afforded to these policies varies depending on stage of preparation of the emerging plan, the extent to which there are unresolved objections to relevant policies and the degree of consistency with the Framework (paragraph 216 of the NPPF). The draft policies relevant to this application are the subject of objections and can therefore not be afforded any weight at this stage.

7.0 Comment and Analysis

7.1 The key issues for members to consider in determining this application for the change of use are: • Whether the principle use of the building for residential purposes in this location is acceptable in terms of Core Strategy Policy SC1 and • Whether the conversion complies with the criteria set out within saved Local Plan Policy H19 Page 54 and in particular whether the proposal is acceptable in terms of the impacts on residential amenities of neighbouring residents

7.2 With regards to compliance with Core Strategy Policy SC1 the property is seen to be located within a sustainable location well related to existing community facilities and services which can be easily accessed by walking, cycling and public transport. The site will benefit by means of its close proximity to Lancaster City Centre (approximately 1km) which hosts the Lancaster railway station and bus depot which provides further connectivity to the wider Lancaster District.

7.3 As highlighted to Members within the Planning History section (Paragraph 3) of this report, prior to 1985 The Knoll had previously been occupied as a residential property and is already set out internally and externally with the required infrastructure to allow it to be converted once again back into residential use. This includes an existing garage and access arrangement, rear amenity area, suitable boundary treatments and internal facilities, subject to a number of alterations proposed within the accompanying Listed Building application. It is therefore recommended that the principle of this proposal is considered to be acceptable and complies fully with the provisions set out within Core Strategy Policy SC1.

7.4 When the subject property was converted into its existing use as offices and resource centre there appears to have been very minimal external alterations undertaken. As such the topography and the layout all remains the same as it did when it was previously used as a residential dwelling. Therefore the large garden to the rear provides substantial amenity for the property along with high-level boundary treatments and screening from the neighbouring properties. It is therefore recommended that there are no anticipated adverse or detrimental impacts arising from the change of use on neighbouring properties and all of the separation standards as set out within SPG12 are seen to be acceptable.

7.5 Affordable Housing Contribution In most instances where applications for the change of use or any other planning application which would result in the net increase of a new residential unit, it triggers the requirement for the applicant to provide a contribution towards affordable housing within the District. This is provided by means of a commuted sum. To judge whether or not a contribution is required, each case is assessed based upon its own merits. In this instance the applicant has provided evidence demonstrating that the conversion and restoration costs of this Grade ll Listed Building are significant. With the agreed purchase costs and the costs required to return the building back to its original form as set out within the listing, the overall value will exceed that of any perceived market value and as such the change of use will be a non-profit making venture. Due to the amount of work required to restore this impressive Listed Building it has been agreed with the Senior Conservation Officer that the benefits of preserving and restoring the heritage asset outweigh the requirement for a contribution to affordable housing. This approach is seen to be reasonable and follows the guidance set out within the NPPF (Paragraphs 129,131,132,134 and 140) and the Council's adopted Meeting Housing Needs SPD.

7.6 Trees It is acknowledged that the application property is surrounded against each boundary of the site by trees which are subjected to Tree Preservation Orders. The applicant has confirmed that there is no intention to fell or prune any of the trees and as this is purely a change of use application there is no requirement for any external alterations or extensions which could impact upon the trees. The Tree Protection Officer has confirmed that this is acceptable. Any outbuilding within the curtilage of a listed building would require the benefit of planning permission as it would not benefit from permitted development rights.

7.7 Conservation Area Impacts The application site falls within the recently designated Cannon Hill Conservation Area. By restoring the Listed Building it will preserve the setting of the conservation area fully complying with the provisions of saved policy E36 of the Local Plan.

8.0 Planning Obligations

8.1 There are no planning obligations to consider as part of this application.

Page 55 9.0 Conclusions

9.1 The proposed change of use of the application property in to residential use is supported by all tiers of policy and the proposal would provide significant benefits to the Cannon Hill Conservation Area and furthermore the preservation of the Grade ll Listed building which has significant architectural and historical merit. It is considered that the change of use of the building would have no significant adverse effect upon the character and appearance of the wider amenity of the area or on neighbouring residential properties. As such the development is considered acceptable and can be supported.

Recommendation

That Planning Consent BE GRANTED subject to the following conditions:

1. Standard 3 year timescale 2. Development to be carried out in accordance to approved plans 3. Wheel cleaning facilities 4. Retention of all trees and hedging 5. Use as a single dwelling house only 6. Garage use restriction

Human Rights Act

Background Papers

None.

Page 56 AgendaAgenda Item Item 12 Committee Date Application Number

A12 7 May 2013 13/00301/LB

Application Site Proposal

The Knoll Listed building application for internal alterations to Westbourne Road facilitate the change of use of building into a Lancaster residential dwelling Lancashire

Name of Applicant Name of Agent

Mrs D Whittle Mr B Cleminson

Decision Target Date Reason For Delay

16 May 2013 None

Case Officer Mr Karl Glover

Departure No

Summary of Recommendation Approval

(i) Procedural Matters

1.0 The Site and its Surroundings

2.0 The Proposal

2.1 The application seeks listed building consent for internal alterations to facilitate the change of use of the building from offices/resource centre (B1) into a residential dwelling (C3).

2.2 The proposed internal alterations consist of: • Internal refurbishments and alterations throughout to bring the property up to residential living standards • Ground Floor – Removal of partition dividing offices to form study • First Floor – Master bedroom formed with adjoining kitchen and office refurbished to create En-suite and dressing room and dividing partitions between offices removed to create bedroom • Second Floor – Central office altered to form store and large family bathroom

3.0 Site History

3.1 The most relevant history to this proposal is the application for the change of use of the building from offices to residential, application number 13/00223/CU. This application runs in conjunction within this Listed Building application. Other relevant historical planning history is listed below:

4.0 Consultation Responses

4.1 The following responses have been received from statutory and internal consultees:

Consultee Response Senior Conservation No objections to the proposal – full support to the reuse of the building as a private Officer dwelling is given. Detailed pre application advice has been provided and is reflected within the detail of this submission. The building requires a significant amount and repair to make it suitable as a family residence. A number of conditions have been recommended.

5.0 Neighbour Representations

5.1 No comments have been received during the statutory consultation period.

6.0 Principal National and Development Plan Policies

6.1 National Planning Policy Framework (NPPF)

Paragraph 14 states that there is a presumption in favour of sustainable development. Development proposals which accord with the development plan should be approved without delay.

Paragraph 17 details the 12 core land-use planning principles. These include the conservation of heritage assets.

Section 7 (Requiring Good Design) – Paragraph 56 states that the design of the built environment is Page 58 of great importance and that good design is a key aspect of sustainable development.

Section 12 (Conserving and Enhancing the Historic Environment) – Paragraph 126 requires a positive approach to be taken for the conservation and enjoyment of the historic environment. Paragraph 131 explains that the desirability of sustaining the significance of heritage assets much be taken into account in determining planning applications. Paragraph 132 advises that great weight should be given to an asset’s conservation.

6.2 Development Plan Weighting

6.3 Lancaster District Core Strategy

Policy SC5 (Achieving Quality in Design) seeks to maintain and improve the quality of development in the District with particular emphasis placed on conservation areas.

Policy E1 (Environmental Capital) seeks to protect the District’s environmental capital including the protection and enhancement of listed buildings and conservation areas.

6.4 Lancaster District Local Plan (saved policies)

Policy E33 (Alterations and Extensions – Listed Buildings) seeks to prevent alterations to listed buildings which would adversely affect their special architectural or historic character or interest or that of their surroundings.

Policy E39 (Alterations and Extensions – Conservation Areas) requires the design, scale, form, material and quality of alterations to be sympathetic to the character of the building and area. Special features which contribute to the building and area’s character must be protected.

6.5 Emerging Local Plan Policies (draft Development Management DPD - Autumn/Winter 2012)

The Council is in the early stages of preparation of an emerging Local Plan and has now completed the first Preferred Options consultation on the Development Management DPD. Whilst in the early stages of the plan process, policies in the emerging Local Plan are a material consideration. However, the degree of weight that can be afforded to these policies varies depending on stage of preparation of the emerging plan, the extent to which there are unresolved objections to relevant policies and the degree of consistency with the Framework (paragraph 216 of the NPPF). The draft policies relevant to this application are the subject of objections and can therefore not be afforded any weight at this stage.

7.0 Comment and Analysis

7.1 To accommodate the change of use of the building back into a residential property there is a substantial amount of work to be undertaken to restore the building. The Knoll is seen to be a building of high significance as it was originally designed by Hubert Austin of the architects Austin and Paley who were based in Lancaster from 1836-1942. The building is dated 1879 and was built originally as a family home. Many of the original features of the building remain. Briefly the works required to be undertaken to the building consist of: Re-roofing works including the replacement of all lead; Repairs to existing leaded light glazing and mastic pointing to window frames; Page 59 Repairs and the making good of all plaster cornices including ceiling and wall plaster; Repairs to floor boards and defective cast iron rainwater goods; and The removal of internal modern lighting systems

7.2 The key issue for Members to consider in determining this application relates primarily to the impacts upon the architectural and historic character of the listed building and in particular whether the proposed works are acceptable in terms of saved Local Plan policy Policy E33.

7.3 With regards to compliance with saved Local Plan policy E33 the proposed works are seen to be acceptable to allow the building to be converted back into residential use. The works are not seen to have any significant adverse impacts on the remaining historic architectural features of the building. The restoration works proposed within the application will ensure that the building is preserved whilst securing the future of the building to the benefit of the surrounding conservation area. There are no major alterations proposed which would detract from the building's original character. The Senior Conservation Officer has attended a number of pre-application site meetings and discussed the proposed works in great detail. all of which are seen to be acceptable. It is therefore recommended that this listed building application can be fully supported as it complies with the provisions of saved Local Plan policy E33 and the guidance listed within the NPPF (Section 12)

8.0 Planning Obligations

8.1 There are no planning obligations to consider as part of this application.

9.0 Conclusions

9.1 The proposed works seek to repair and restore existing defects with the building whilst allowing the building to be converted into residential use. This is seen to preserve the building's future. It is therefore recommended that this proposal is found to be in compliance with Saved Policies E33 and E39 of the Local Plan, Policies SC5 and E1 of the Core Strategy and with the provisions of the NPPF.

Recommendation

That Listed Building Consent BE GRANTED subject to the following conditions:

1. Standard timescale for listed building consent 2. Development to be carried out in accordance with the approved plans 3. Details of the clay roofing tiles to be provided 4. Details of new soil and vent pipes to be provided 5. Details of any secondary glazing to be provided

Human Rights Act

This recommendation has been reached after co nsideration of the provisions of The Human Rights Act. Unless otherwise stated in this report, the issues arising do not appear to be of such magnitude to override the responsibility of the City Council to regulate land use for the benefit of the community as a whole, in accordance with national law.

Background Papers

None.

Page 60 AgendaAgenda Item Item 13 Committee Date Application Number

A13 7 May 2013 13/00240/FUL

Application Site Proposal

8 Ennerdale Avenue Erection of a single storey extension to the side to Morecambe form bedroom and bathroom for disabled person Lancashire LA4 5UG

Name of Applicant Name of Agent

Mr Tom Greenwood Mr Nikesh Tailor

Decision Target Date Reason For Delay

9 May 2013 None

Case Officer Ms Eleanor Huddleston

Departure No

Approval Summary of Recommendation

(i) Procedural Matters

The proposed development would normally fall within the scheme of delegation. However, the applicant is Lancaster City Council and as such the proposal must be determined by the Planning Committee.

1.0 The Site and its Surroundings

1.1 This application relates to a two storey semi-detached dwelling which is located on a residential estate to the south east of the centre of Morecambe. The building is situated on a corner plot and, although the main external door faces Ennerdale Avenue, the wall facing Branksome Road appears as the principle elevation, particularly as the adjoining dwelling fronts onto this highway. There is a garden to the front and side of the dwelling which is enclosed by a low open boarded timber fence. At the rear is a small flat roofed detached outbuilding which is adjacent to a parking area with access from Ennerdale Avenue.

1.2 To the rear of the property is an end terraced bungalow and is part of a group of eight dwellings that are sited around a triangular area of open space. It is angled away from the rear wall of the application property and is separated from the highway by a small triangular piece of open space. With the exception of the adjoining dwelling, the other adjacent properties are separated by the highway.

2.0 The Proposal

2.1 Planning permission is sought for the erection of an extension to the side of the dwelling which faces Ennerdale Avenue. The main part of the extension will be set back from the front wall by 3.6 metres, project 3.5 metres from the side wall and be 4.6 metres deep. It will have a hipped roof with an eaves height of 2.6 metres and a ridge height of 4.55 metres. An additional projection is sought to the rear of this which will extend 2.8 metres from the side wall, be 2.5 metres deep and project beyond the rear wall by 2 metres. This part of the extension will have a dual pitched roof with an eaves height of 2.6 metres and a ridge height of 4 metres. The materials will match the existing Page 61 dwelling, with the walls finished in render and roof in concrete tiles.

2.2 The proposal is to provide an accessible bedroom and bathroom for a disabled tenant. The alteration to the existing house will also involve the creation of a new main entrance to the property, using the existing entrance for access to the extension. An access ramp will be fitted to the side and front of the extension to improve disabled access to the property.

3.0 Site History

3.1 There is no relevant planning history on this site.

4.0 Consultation Responses

4.1 The following responses have been received from statutory and internal consultees:

Consultee Response Parish Council No comments received during the statutory consultation period.

5.0 Neighbour Representations

5.1 At the time of compiling this report no representations have been received.

6.0 Principal National and Development Plan Policies

6.1 The National Planning Policy Framework

At the heart of the NPPF is a presumption in favour of sustainable development . The following paragraphs of the NPPF are relevant to the determination of this proposal:

Paragraph 17 (Core Principles) sets out 12 core land-use planning principles which should underpin both plan-making and decision taking. The main one relevant to this application states that planning should always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings.

Paragraph 56 states that the Government attaches great importance to the design of the built environment and stresses that good design is a key aspect of sustainable development and is indivisible from good planning. To emphasise the importance of this statement paragraph 64 (under the design section) clearly states that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.

6.2 Development Plan Weighting

Page 62 6.3 Lancaster District Core Strategy

6.4 Saved Policies of the Lancaster District Local Plan

6.5 Emerging Local Plan Policies (draft Development Management DPD - Autumn/Winter 2012)

7.0 Comment and Analysis

7.1 The main issues for consideration are:

• The scale, design and impact on the street scene of the proposal; • The impact on the amenity of the neighbouring residential properties. • Loss of parking

7.2 Scale and design The proposed extension will be set back from the front elevation and be 1.1 metres from the boundary with the highway at its closest point. There is a small extension on the side wall of 6 Ennerdale Avenue, in a similar position to the proposal. The buildings on the street are positioned at a variety of distances from the highway, with some sited around areas of open space. The proposal is of an appropriate scale and design which is in keeping with the appearance of the existing building, and the main part of the extension has been designed with a hipped roof which reduces its bulk. As such, the extension is not considered to be detrimental to the character of the area or the appearance of the street scene and will provide accessible accommodation for a disabled person.

Page 63 7.3 Residential amenity The extension will project 2 metres beyond the rear wall of the dwelling. There are no windows in the side wall of 10 Ennerdale Avenue to the south east, and this property is separated from the application site by a small triangle of open space. There are also no windows proposed in the rear wall of the extension. As such there will be no adverse impacts on the occupiers of this property by as a result of overlooking or loss of daylight.

7.4 There is a window proposed in the side wall of the extension which faces towards the garden of the adjoining dwelling. It will not look towards any windows in the adjacent dwelling and will be approximately 6.8 metres from the boundary. As the window will serve a bathroom, the agent has agreed that this can be fitted with obscure glazing to prevent any overlooking. In addition, there will be no adverse impact on daylight or outlook given the distance of the extension from the boundary. The other neighbouring dwellings are all a significant distance from the proposal.

7.5 Parking The extension will be constructed over an area that is currently used for the parking of a car. In order that there is still provision for a vehicle, space has been provided to the rear of the extension and the boundary treatment will be altered and the drop curb extended to create an access. As such, the proposal is not considered to be detrimental to parking provision in the area.

8.0 Planning Obligations

8.1 There are no planning obligations to consider as part of this application.

9.0 Conclusions

9.1 The proposal is of an appropriate scale and design, will not be detrimental to the amenities of the neighbouring dwellings and will provide accessible accommodation for a disable person. As such the application is recommended for approval.

Recommendation

That Planning Permission BE GRANTED subject to the following conditions: 1. Standard 3 year timescale 2. In accordance with submitted plans 3. Amended plan 4. Materials to match existing building 5. Parking space retained as shown on drawing number 5093-c-b-001 Rev C 6. Obscure glazing in north east elevation

Human Rights Act

Background Papers

None.

Page 64 AgendaAgenda Item Item 14 Committee Date Application Number

A14 7 May 2013 13/00295/LB

Application Site Proposal

Assembly Rooms Listed Building Application for remedial works to part King Street of ceiling, re-pointing of south facing gable wall and Lancaster repair plaster cornice in dance hall Lancashire

Name of Applicant Name of Agent

Mr John Campbell Mr Stuart Winstanley

Decision Target Date Reason For Delay

14 May 2013 None

Case Officer Catherine Spreckley

Departure No

Summary of Recommendation Approval

(i) Procedural matters

This application is one which would normally be dealt with under the Scheme of Delegation but has been placed before the Planning Committee as the site is owned by the City Council.

1.0 The Site and its Surroundings

1.1 This application relates to a two storey building located on the west side of King Street. It is constructed of coursed sandstone with a slate roof. The building is Grade II listed and dates from 1759 with early and late nineteenth century alterations. It was originally constructed by the Trustees of the Penny’s Hospital, which lies immediately to the north and is Grade II* listed. The purpose of the building was to raise money for the hospital through entertainment. The ground floor is currently used as an indoor market with a small café. The first floor is occupied by a dance studio with a separate ground floor access to the front elevation. The property lies within Lancaster Conservation Area.

2.0 The Proposal

2.1 This application seeks listed building consent for the following works: - Replacement ceiling to rear stairwell; - Repair crack in plaster cornice to east wall of first floor dance studio; and - Re-point south facing gable.

3.0 Site History

3.1 Since 1982, the application site has been the subject of a number of applications including change of use, listed building consent and advertisement consent. The most recent applications are detailed below.

Application Number Proposal Decision 08/00324/LB Listed building application for re-pointing works to front Approved Page 65 elevation 10/01100/DPA Emergency strengthening works to south gable involving Approved internal restraint bars within floor construction and anchor plates on wall face of gable

4.0 Consultation Responses

4.1 The following responses have been received from statutory and internal consultees:

Consultee Response Conservation No objection subject to conditions regarding the mortar, plaster and paint and colour Officer finish to the ceiling. English Heritage No comments received within the statutory consultation period.

5.0 Neighbour Representations

5.1 No comments received to date in response to publicity exercise (expires 19.04.2013).

6.0 Principal National and Development Plan Policies

6.1 National Planning Policy Framework (NPPF) – adopted March 2012

Paragraph 14 states that there is a presumption in favour of sustainable development. Development proposals which accord with the development plan should be approved without delay.

Paragraph 17 details the 12 core land-use planning principles. These include the conservation of heritage assets.

Section 7 (Requiring Good Design) – Paragraph 56 states that the design of the built environment is of great importance and that good design is a key aspect of sustainable development.

6.2 Development Plan Weighting

6.3 Lancaster Core Strategy (LDCS) – adopted July 2008

Policy SC5 (Achieving Quality in Design) seeks to maintain and improve the quality of development in the District with particular emphasis placed on conservation areas.

Policy E1 (Environmental Capital) seeks to protect the District’s environmental capital including the protection and enhancement of listed buildings and conservation areas.

6.4 Lancaster District Local Plan (saved policies) – adopted April 2004 Page 66

6.5 Emerging Local Plan Policies (draft Development Management DPD - Autumn/Winter 2012)

The Council is in the early stages of preparation of an emerging Local Plan and has now completed the first Preferred Options consultation on the Development Management DPD. Whilst in the early stages of the plan process, policies in the emerging Local Plan are a material consideration. However, the degree of weight that can be afforded to these policies varies depending on stage of preparation of the emerging plan, the extent to which there are unresolved objections to relevant policies and the degree of consistency with the Framework (paragraph 216 of the NPPF). The draft policies relevant to this application are the subject of objections and can therefore not be afforded any weight at this stage.

7.0 Comment and Analysis

7.1 The haired lime mortar ceiling to the rear staircase has become physically detached from the background pine laths. This would appear to be as a result of human movements, including tap dancing, causing vibration which has distressed 80% of the overall ceiling area. The original construction of the ceiling also appears to have contributed to its deterioration. The condition of the ceiling is such that the staircase is currently not suitable for public use. Briefly, the proposed works will comprise of removing the existing lime mortar and laths. New pine laths will be installed at the usual spacing of 6mm. Two coats of non-hydraulic haired lime mortar will then be applied and the ceiling decorated. The Conservation Officer has raised no objection to the proposed method for replacing the ceiling subject to a condition regarding the plaster and the paint finish.

7.2 The repairs to the crack in the dance studio cornice will be undertaken by specialist contractor following an assessment of the repair requirements. These works will prevent the crack worsening.

7.3 The Heritage, Design and Access Statement explains that the re-pointing works to the south facing gable of the building are necessary to reduce water egress. The existing pointing to this elevation is a cement based product and it is understood that this has not been effective. The existing mortar is to be removed and replaced with a lime mortar mix. This will be more appropriate for the structure of the wall and the age of the building. The Conservation Officer is satisfied with the proposed mortar mix subject to a sample being agreed.

8.0 Planning Obligations

8.1 Given the nature of this proposal there are no requirements for a legal obligation.

9.0 Conclusions

9.1 The proposed works seek to repair and resolve existing problems with the building and will therefore help to safeguard its future. The works are to be undertaken in a sensitive manner which respects the building’s construction and age. As such, the proposal is found to be in compliance with Saved Policies E33 and E39 of the Local Plan, Policies SC5 and E1 of the Core Strategy and with the provisions of the NPPF.

Recommendation

That Listed Building Consent BE GRANTED subject to the following conditions:

1. Standard 3 year timescale 2. Works to accord with approved plans 3. Works to be undertaken in accordance with details set out in the Heritage, Design and Access Page 67 Statement 4. Sample of mortar and plaster to be approved 5. Paint colour and finish to ceiling to be approved

Human Rights Act

Background Papers

None.

Agenda Item 15 Page 68 LIST OF DELEGATED PLANNING DECISIONS

LANCASTER CITY COUNCIL

DETAILS DECISION APPLICATION NO

12/00536/FUL Cove Lea, Cove Lane, Silverdale Conversion of dwelling Application Permitted into two dwellings, erection of a two storey side extension, new garage/workshop and creation of a granny flat for Mr & Mrs E. Kane (Silverdale Ward)

12/00950/FUL Hillside Cottage, St Johns Avenue, Silverdale Erection of Application Permitted 2 no. 4 bed dwellings with associated on site parking to replace previously demolished dwelling for Mr Joe Greenland (Silverdale Ward)

12/01055/CU 32A Albert Road, Morecambe, Lancashire Change of Application Permitted use of ground floor from A1/A2 into residential (use class C3) to be incorporated into existing residential dwelling for Miss Nicola Johnson (Harbour Ward)

12/01051/FUL 72 Dallas Road, Lancaster, Lancashire Retrospective Split Decision application for the retention of solar panels to the front and rear roof slopes for Mr Abdulhaq Patel (Castle Ward)

12/01050/FUL 60 Dallas Road, Lancaster, Lancashire Retrospective Split Decision application for the retention of solar panels to the front and rear roof slopes for Mr Qasim Patel (Castle Ward)

12/01090/FUL Aldi, Morecambe Road, Lancaster Demolition of part of Application Permitted the existing foodstore and erection of an extension to provide additional retail floorspace with alterations to car parking layout and new pedestrian entrance stairs for Aldi Stores Ltd (Skerton West Ward)

12/01124/FUL Bell Hill Barn, Bell Hill Farm, Littledale Road Demolition Application Permitted of a timber shelter and erection of a new field shelter for Mr D Fulford (Lower Lune Valley Ward)

12/01154/CU 114 Heysham Road, Heysham, Morecambe Change of Application Refused use from office (Class B2) to a guest bedroom for the flat above for Mrs Deborah Docherty (Heysham North Ward)

12/01178/LB 2A High Street, Lancaster, Lancashire Listed Building Application Permitted application for internal alterations to create an additional bedroom with en-suite bathroom and an enlarged staff office and kitchenette for Mrs Kerry Schumacker (Dukes Ward)

13/00010/CU 75-77 North Road, Lancaster, Lancashire Change of use Application Refused of existing accommodation above takeaway and erection of a first floor extension above existing approved extension to provide 5 bed student accommodation for Mr W. Mayer (Dukes Ward)

13/00041/FUL 1 Hilltop Cottages, Capernwray Road, Capernwray Application Permitted Construction of a menage, 20x40metres for private use only. for Mr Michael Parden (Kellet Ward) Page 69 LIST OF DELEGATED PLANNING DECISIONS 13/00062/FUL Land To The Rear Of, 159 Brookhouse Road, Application Permitted Brookhouse Demolition of cabin and erection of a new storage building for Mr Christopher Hill (Lower Lune Valley Ward)

13/00011/DIS Tern Bay Hotel, 43 - 45 Heysham Road, Heysham Request Completed Discharge of conditions 4, 6, 8 and 9 on approved application 12/00964/CU for Mr Richard and Ian Bond (Heysham North Ward)

13/00076/FUL 120 Westgate, Morecambe, Lancashire Erection of an Application Permitted extension to the side for Mr & Mrs H. Daly (Westgate Ward)

13/00081/FUL Crook O Lune Caravan Park, Caton Road, Quernmore Application Withdrawn Installation of a buried sewage treatment plant and small kiosk for Mr Tony Fox (Lower Lune Valley Ward)

13/00089/FUL High House Farm, Long Level, Burrow Construction of Application Permitted new roofing over midden and slurry store for Mr Michael Preece (Upper Lune Valley Ward)

13/00091/FUL 2 Moneyclose Grove, Heysham, Morecambe Erection of Application Refused an extension to the rear for Mr And Mrs Allen (Overton Ward)

13/00016/DIS 16 Main Street, Heysham, Morecambe Discharge of Initial Response Sent conditions 4a, 4b, 4c, 4d, 4e, 4f and 4g on approved application 12/00962/FUL for JONATHAN KING (Heysham South Ward)

13/00092/FUL Jogger Hill, Hillam Lane, Cockerham Proposed Application Permitted demolition of existing dwelling and the erection of a new replacement dwelling and detached garages for Mr & Mrs Hilton (Ellel Ward)

13/00093/FUL Morecambe Lodge Farm, On Land Near Red Bank Application Permitted Farm, Shore Lane Temporary siting of a sculpture and temporary erection of fencing for a period of 5 years for Mr Anthony Padgett (Slyne With Hest Ward)

13/00095/FUL Carnforth Post Office, 21 Market Street, Carnforth Application Permitted Alterations to existing shop front for Mr Mike Bowker (Carnforth Ward)

13/00097/FUL 23 Yealand Drive, Lancaster, Lancashire Erection of a Application Permitted first floor side extension and a two storey side extension for Dr Andrew Wood (Scotforth East Ward)

13/00101/FUL Braides Farm, Sandside, Cockerham Relocation of Application Permitted timber shed for minor scale agricultural use for Mr Richard Taylor (Ellel Ward)

13/00118/LB Upp Hall, Upphall Lane, Priest Hutton Listed building Application Permitted application for the replacement of windows and internal alterations for Mr T Halhead (Kellet Ward)

13/00110/FUL 8 Airedale, Galgate, Lancaster Erection of a single Application Permitted storey extension to the rear for Mr & Mrs J Faulconbridge (Ellel Ward) Page 70 LIST OF DELEGATED PLANNING DECISIONS 13/00120/FUL Blackwood End, Bay Horse Road, Ellel Erection of 29.5 Application Permitted kWp roof mounted solar pv installation on an existing cattle barn for Mr JOHN FOX (Lower Lune Valley Ward)

13/00121/REM Land Adjacent 250 Oxcliffe Road, Heaton With Oxcliffe, Application Permitted Morecambe Reserved Matters application for the erection of a detached dwelling and formation of a new access for Mr B Howard (Westgate Ward)

13/00133/FUL 76 Twemlow Parade, Heysham, Morecambe Erection of Application Permitted a replacement detached garage to rear for Mr Nigel Fox (Heysham Central Ward)

13/00134/FUL Highfield Recreation Ground, Quernmore Road, Application Permitted Lancaster Relocation of the existing northern pair of tennis courts, installation of fence and gates around tennis courts and new Multi Use Games Area, replacement gates to Derwent Road access, earthworks and creation of a temporary access and access track for Mr John Ross (Bulk Ward)

13/00122/VCN Lancaster Moor Hospital, Quernmore Road, Lancaster Application Permitted Outline planning application for residential use (up to 440 dwellings) involving the residential conversion of the Annexe and Campbell House, demolition of existing buildings and associated access, car parking and landscaping (pursuant to the variation of conditions 1, 2, 10, 15, 16, 17, 18, 20, 21, 26, 31, 32 and 33 of planning application 11/00379/RENU relating to the timing of the provision of details required by condition, the introduction of a phasing plan for delivery, revisions to the demolition plan and revisions to requirements in relation to energy efficiency and renewable energy measures) for Homes And Communities Agency, P J Livesey And Story Homes (John O'Gaunt Ward)

13/00124/FUL 2 Rock Cottages, Rigg Lane, Quernmore Erection of a Application Permitted Conservatory to the rear for Mr Bart Harris (Lower Lune Valley Ward)

13/00020/DIS Land Between Borrans Lane And, Middleton Road, Initial Response Sent Middleton Discharge of Conditions 5, 6, 11, 12 and 17 on approved application 10/01203/FUL for Mr Ian Renshaw (Overton Ward)

13/00135/FUL 84 Penny Street, Lancaster, Lancashire Proposed Application Permitted alterations to shop frontage and replace rear flat roof with hipped roof for Mr H. Bainbridge (Dukes Ward)

13/00137/FUL 2 New Road, Lancaster, Lancashire Retrospective Application Refused application for the retention of a sliding patio door to provide access to roof terrace for Pheonix Nights Ltd (Dukes Ward)

13/00138/LB 2 New Road, Lancaster, Lancashire Listed building Application Refused application for the retention of a sliding patio door and the installation of glazed balustrades to roof terrace for Pheonix Nights Ltd (Dukes Ward)

13/00140/FUL Boldens Farm, Langshaw Lane, Ellel Erection of a new Application Permitted agricultural building for use as a silage clamp for Mr G & M E Woodhouse & Sons (Ellel Ward) Page 71 LIST OF DELEGATED PLANNING DECISIONS 13/00204/LB Robert Hall, Old Moor Road, Tatham Listed Building Application Permitted application for the change of use and conversion of existing redundant barn to form a single dwelling with associated curtilage for Mr G R Hope (Lower Lune Valley Ward)

13/00144/CU Health Community Home, 84 - 86 Bowerham Road, Application Permitted Lancaster Change of use from Care Home (C2) to Student accommodation (sui generis) for Mr Adrian Burt (Scotforth West Ward)

13/00151/ADV City Block, 99 - 101 Penny Street, Lancaster Retention Application Refused of non-illuminated hanging sign for Cityblock Development Ltd (Dukes Ward)

13/00148/CU 14 Queen Street, Lancaster, Lancashire Change of use Application Permitted from offices (use class B1) to 9 bed student accommodation (sui generis), demolition of attached garage and erection of a single storey extension to the side for Mr John Priestley (Dukes Ward)

13/00149/LB 14 Queen Street, Lancaster, Lancashire Listed building Application Permitted consent for the demolition of attached garage, erection of a single storey extension to the side and alterations to some external doors ansd windows for Mr John Priestley (Dukes Ward)

13/00169/FUL Webbers Post, Croftland Gardens, Bolton Le Sands Application Permitted Erection of a two storey side extension for Mr Greg Duncan (Bolton Le Sands Ward)

13/00172/FUL The Grange, Littlefell Lane, Lancaster Renewal of Application Permitted planning application 10/00453/RENU for the erection of a garage and domestic storage building for Mr Burt (Ellel Ward)

13/00165/ADV Cottams Field Brewers Fayre, Mannin Way, Lancaster Application Refused Advertisement application for replacement signage including the erection of an internally illuminated totem sign and internally illuminated lollipop sign for Mr Simon Lancaster (Lower Lune Valley Ward)

13/00174/FUL Summersgill Farm, Helks Brow, Wray Erection of a new Application Permitted agricultural workers dwelling for Mrs Jennifer Batty (Lower Lune Valley Ward)

13/00175/LB Summersgill Farm, Helks Brow, Wray Listed Building Application Permitted Application for the selective demolition and rebuilding of the boundary wall for Mrs Jennifer Batty (Lower Lune Valley Ward)

13/00178/FUL 28 Forgewood Drive, Halton, Lancaster Construction of Application Permitted a balcony over existing single storey rear extension for Mr C. Knowles (Halton With Aughton Ward)

13/00028/DIS Heber House, Low Lane, Leck Discharge of condition 4 Application Permitted on approved application 12/01108/LB for Lord Shuttleworth (Upper Lune Valley Ward) Page 72 LIST OF DELEGATED PLANNING DECISIONS 13/00180/VCN Whitewalls, 39 Hatlex Lane, Hest Bank Erection of a two Application Permitted storey detached dwellinghouse (Pursuant to the variation of conditions 2 and 3 on planning application 10/00502/FUL to vary details on the approved plans) for Mr & Mrs Mark Houghton (Slyne With Hest Ward)

13/00183/FUL 4 Dorchester Gardens, Morecambe, Lancashire Application Permitted Retrospective application for the retention of an outbuilding to the rear for Mr M West (Westgate Ward)

13/00184/FUL 14 Osborne Crescent, Morecambe, Lancashire Erection Application Permitted of a garage to the side for Mr P Danvers (Heysham North Ward)

13/00188/ADV 3 - 5 Damside Street, Lancaster, Lancashire Application Permitted Advertisement consent for the display of an externally illuminated facia sign and a non-illuminated projecting sign for SALLY - LANCASTER (Dukes Ward)

13/00214/FUL 2 Lily Grove, Lancaster, Lancashire Construction of a Application Permitted dormer to the rear elevation for Mr M Kullich (Scotforth West Ward)

13/00215/LB Lancaster Girls Grammar School, Regent Street, Application Permitted Lancaster Listed Building Consent for the refurbishment of staff room for The School Governors (Dukes Ward)

13/00035/DIS Heber House, Low Lane, Leck Discharge of condition 5 Application Permitted on approved application 12/01107/FUL for Lord Shuttleworth (Upper Lune Valley Ward)

13/00220/FUL 5 Rutland Avenue, Lancaster, Lancashire Demolition of Application Permitted garage and erection of a single storey extension to the rear for Mrs Jennifier Standen (Scotforth East Ward)

13/00224/LB 2 & 3 Greystones Cottages, Main Street, Wray Listed Application Permitted Building application for the replacement of windows in the front elevation of 2 & 3 Greystones Cottages and replacement of the front door to 3 Greystones Cottages for Mrs Joyce Jones (Lower Lune Valley Ward)

13/00231/FUL 35 Masonfield Crescent, Lancaster, Lancashire Erection Application Permitted of a two storey extension to the rear for Mr & Mrs Eccles (John O'Gaunt Ward)

13/00242/EIR Land Off Middleton Road, Adjacent To Balfour Beatty Request Completed Utilities, Middleton Road Screening Opinion for Erection Of wind turbine for Wind Direct (Overton Ward)

13/00039/DIS Sunny Brae, Long Level, Ireby Discharge of conditions Request Completed 4, 5, 6, 8 and 9 on approved application 12/00679/FUL for Mr Paul Graham (Upper Lune Valley Ward)

13/00267/PLDC 46 Park Road, Lancaster, Lancashire Erection of a Application Withdrawn single storey extension to the rear for Ed Lawrence (Bulk Ward)

13/00040/DIS 6 Peacock Lane, Hest Bank, Lancaster Discharge of Request Completed conditions 3, 4, 5 and 14 on approved application 12/00578/FUL for Mr & Mrs Coombs (Slyne With Hest Ward) Page 73 LIST OF DELEGATED PLANNING DECISIONS 13/00278/AD Cockersand Abbey, Moss Lane, Thurnham Agricultural Prior Approval Not Determination for the erection of a portal framed building Required for Mr Kellet ( Ward)

13/00290/FUL 26 Rylstone Drive, Heysham, Morecambe Erection of a Application Permitted single storey extension to the rear for Miss K. Melville (Heysham Central Ward)

13/00314/NMA 8 Loyne Park, Whittington, Carnforth Non-material Application Permitted amendment on approved application 12/00744/FUL for Mrs Judith Greenwood (Upper Lune Valley Ward)

13/00317/EIR Borwick Lake Fishery, Kellet Lane, Over Kellet Request Completed Screening Opinion for Magnus Gallie (Warton Ward)

13/00307/NMA Matthias Court, Matthias Street, Morecambe Non Application Permitted material amendment to application 12/00864/FUL for Places For People (Poulton Ward)

13/00309/NMA Millrace Court, Main Street, Lancaster Non material Application Permitted amendment to 12/00844/FUL for Places For People (Skerton East Ward)

13/00335/NMA Dixon House, Shore Lane, Bolton Le Sands Non Application Permitted material amendment to to approved application 12/01116/FUL for the removal of the sandstone mullion to the first floor window arrangement on the proposed north west elevation for Mrs Julia Towers (Slyne With Hest Ward)

13/00379/NMA 21 Salford Road, Galgate, Lancaster Non-material Application Permitted amendment to approved application 12/00566/FUL for the alteration to the roof form for Mr L Moorhouse (Ellel Ward)

13/00399/NMA 1 Bowland Road, Heysham, Morecambe Non-material Application Permitted amendment to increase the size of the garage door by 32cm on approved application 12/00894/FUL for Mr Paul Peters (Heysham Central Ward) Agenda Item16

PLANNING ENFORCEMENT SCHEDULE

Key: EN ---- Enforcement Notice BCN ---- Breach of Condition Notice PCN ---- Planning Contravention Notice LBEN ---- Listed Building Enforcement Notice ELDC ----- Existing Lawful Development Certificate S330 (TCPA) - Requisition for Information S16 (LGMPA) -Requisition for Information

DESCRIPTION OF Page 74 DISTRICT NO FILE REF NATURE OF BREACH PRESENT POSITION PROPERTY S330 issued. Second application refused. EN issued – 1 George Street, Windows replaced at 1 st Lancaster 1 109/2/221 awaiting compliance. Appeal dismissed 29/6/12. Now Lancaster floor level in UPVC considering prosecution. Compliance with EN achieved. Breach of condition re: Visited site – considering next course of action. access to moorings / canal. 109/2/226 Field 1579, Ashton BCN served re access to moorings. No evidence of a 2 Use of agricultural building 109/2/225 Road, Lancaster breach in terms of use of building. Not minded to for non agricultural use & pursue BCN on access to moorings. erection of stables. 15 Dumbarton Road, Erection of a dormer / S330 served but not returned. EN served. Site visit 3 109/2/229 Lancaster extension. needed to check for compliance. Unauthorised use – creation 6/6A Lindow Street, 4 109/2 of an additional unit of S330 served. Application approved. Lancaster accommodation. Unit 10A Abbotts Retrospective planning permission refused. S330 Change of use to private 5 109/2 Way, Lune Industrial issued. Appeal against refusal pending. Appeal gym. Estate, Lancaster allowed.

DESCRIPTION OF DISTRICT NO FILE REF NATURE OF BREACH PRESENT POSITION PROPERTY BCN served. Further application currently being 21 Brock Street, Breach of condition re: take considered. Fined in Magistrates Court for breach of 6 109/2/230 Lancaster away sales. BCN. Appeal against refusal of planning permission pending. 22 Penny Street, Installation of a new shop S330 issued. Planning application received. Application 7 109/2 Lancaster front. refused. Appeal pending. 67 Borrowdale Road, Erection of PV cells and S330 served. Instructions sent to Legal for EN to be Lancaster 8 109/2/233 Lancaster frame. served. EN served. Appeal pending. Breach of condition re: 112 St Leonardgate, 9 109/2/234 number of units of student S330 issued. BCN served. Compliance achieved.

Lancaster Page 75 accommodation. 116 Prospect Street, S330’s served and returned. Application for discharge 10 109/2/236 Breach of conditions. Lancaster of condition pending. Application in for signage. Glen Tarn Blea Tarn Stationing of log cabin for S330 issued and returned. EN issued. Awaiting 11 109/2 Road, Lancaster residential purposes. compliance. 1 Leyburn Road, 12 109/2 Erection of a garage. Application approved. Lancaster Lancaster Royal Non compliance with 13 109/2/AH S330 served. Grammar School landscaping condition. 27 South Road, 14 109/2/DT Engineering works. S330 served. Lancaster 28 Thurnham Street, Unauthorised use of 15 109/2/237 PCN served. Lancaster property as a large HMO.

10 Queen Street, EN served but awaiting new application following Morecambe 16 109/3/308 Unauthorised roller shutters Morecambe withdrawal of previous application. & Heysham

DESCRIPTION OF DISTRICT NO FILE REF NATURE OF BREACH PRESENT POSITION PROPERTY S330 served. S215 Notice served. Appeal in Court 23 19 Beecham Street, 17 109/3/332 Untidy land April 2010. Notice upheld and work unfinished. No Morecambe cooperation from owner. Considering further action. Replacement of windows & 4-6 Green Street, S330 issued – EN issued and not complied with. 18 109/3/337 door ~ works to change the Morecambe Successful prosecution – considering further action. use 64-66 Clarendon PCN served. No work currently taking place - owner 19 109/3/334 Works to change the use Road, Morecambe agreed to make application in future. 19 Fairhaven Way, Use of granny annexe as a S330 served. Second planning application refused –

20 109/3/368 Page 76 Morecambe (Hutton) separate dwelling. considering action but house up for sale. Retrospective applications refused. S330 issued. Erection of stable and Appeal against refusal received - Appeal dismissed – 109/3/351 Dorrans Stables, Out 21 breaching condition re: use further application received. EN served – further 109/3/351A Moss Lane. of storage building. application refused – Appeal dismissed. Awaiting compliance. Rainbow Centre, S330 served. EN served and appeal dismissed – 22 109/3/339 Clarence Street, Replacement of windows. awaiting compliance. Morecambe The Lighthouse, S330 served – awaiting advice from senior 23 109/3 Townley Street, Replacement of windows. conservation officer for drafting of EN. Morecambe 185 Bare Lane, S330 served – appeal dismissed. EN served – 24 109/3/363 Creation of second access. Morecambe compliance achieved. Trinity Methodist S330 served – awaiting instructions from senior 25 109/3/325 Church, Marine Road, Works to a listed building. conservation officer. Morecambe

DESCRIPTION OF DISTRICT NO FILE REF NATURE OF BREACH PRESENT POSITION PROPERTY Hale Carr Caravan Site, Occupied by non – gypsy / 26 109/3/323A PCN served. Report for committee drafted. Hale Car Lane, travellers. Heysham Planning application refused. EN served. Appeal Pleasureland, Marine altered for date for compliance. Awaiting compliance. 27 109/3/350 Erection of decking. Road, Morecambe Referred for prosecution as non compliance. Compliance achieved. Morecambe 40 Beach Street, S330 served. EN served. Appeal dismissed – awaiting 28 109/3/358 Erection of dormer. & Heysham Morecambe full compliance. Fairview, 76 Slyne Page 77 29 109/3/357 Siting of containers. EN served. Awaiting compliance. Road, Morecambe 141 West End Road, S215 Notice served – partial compliance. Awaiting 30 109/3/360 Untidy land. Morecambe completion. 352 Marine Road, 31 109/3 Creation of an access. S330 served. Morecambe Change of use of dwelling 15 Rydal Grove, 32 109/3 to two units of Ownership changed. No breach. Heysham accommodation. Former Bus Depot, Unauthorised development 33 109/3 Heysham Road, S330’s served. In discussion re: levels, drainage. or breach of condition. Heysham Workshop, Westover 109/3/369 Untidy land. Notice served. Awaiting compliance. 34 Street, Morecambe 29/31 Victoria Street, Installation of UPVC 35 109/3/DT S330 served. Morecambe cladding.

DESCRIPTION OF DISTRICT NO FILE REF NATURE OF BREACH PRESENT POSITION PROPERTY 14 Buckingham Road, Change of use involving the PCN served. Access into the property previously 36 109/3/367 Morecambe keeping of birds. refused but appointment now agreed. Installation of a window and 283 Marine Road, 37 109/3/DT unauthorised use as a S330 served. Morecambe restaurant. 2-4 Sanders Grove, Increased height of 38 109/3/DT S330 served. Morecambe boundary wall. Thwaite End Barn, Unauthorised use for Carnforth 39 109/4/33 Bolton le Sands, S330 served then EN served. Compliance achieved.

business purposes. Page 78 Carnforth 5 Greenwood Avenue, S330’s served and returned. EN served – awaiting 40 109/4/34 Installation of a solar panel. Bolton le Sands compliance. Rural Removal of hedgerow. Lot 2, Hampson Farm, Compliance with EN. Final consideration needed re: Areas 41 109/5/320 Unauthorised works and Stoney Lane, Galgate outstanding breach (access works). unauthorised use. Breach of condition re: limit Near Moss Farm, Gulf 42 109/5 of season for caravan S330 issued & returned. Lane, Cockerham occupancy. Kilross House, Flat Columns and window Appeal dismissed. Site visit needed to check full 43 109/5/352 Lane, Yealand frames compliance. Conyers Mr Fairhurst, Unit 4, Planning permission granted on 5 year temporary Old Station Yard, consent. Considering further action as non compliance 44 109/5/371 Kirkby Lonsdale Use of unit as a stone yard with conditions. EN and BCN issued. Appeal received – Road, Burrow-with- awaiting decision. Appeal dismissed. Compliance not Burrow achieved – to be referred for prosecution.

DESCRIPTION OF DISTRICT NO FILE REF NATURE OF BREACH PRESENT POSITION PROPERTY Brooklands Building, Non-compliance with EN served & awaiting compliance (trees to be 45 109/5/349A Addington Road, conditions replanted, bunds to be re-seeded.) Halton Gibraltar Farm, Use of land as a caravan Certificate of lawful use - part approved - part refused. 46 109/5/374 Lindeth Road, site & creation of Reported to committee 4 March 13. Silverdale hardstandings 47 109/5 Land at Addington Erection of chicken shed. S330 issued Lodge, Addington, Nether Kellet 48 109/5/385 Tewitfield Trout Use of log cabin as S330 served. EN served. Not minded to pursue at Fishery, Burton Road, permanent accommodation. present. Page 79 Warton 49 109/5 62 Coastal Road, Increase height of front S330 served. Probate matters appear to be resolved

Hest Bank boundary. and wall and pillars reduced. 50 109/5/386 Low Mill, Caton Insertion of UPVC windows. LBEN;S issued as per committee.

51 109/5/392 Hornby Post Office, Insertion of UPVC windows. S330 issued. Retrospective application received. Main Street, Hornby Application refused. Confirmation from owner that

windows are to be changed. EN issued. Appeal pending. 52 109/5/288 Land adjacent to 7 Laying of hardcore. S330 served. EN served but quashed on appeal – Dykes Lane, Yealand subject to conditions imposed by Inspectorate. Site visit Conyers needed. 53 109/5/381 Mels Barn, Mellishaw Use for residential purpose. PCN served. Application for a certificate of lawful use Lane, Heaton-with- Erection of stables and now granted for use of barn, Now considering whole Oxcliffe creation of a ménage. site.

DESCRIPTION OF DISTRICT NO FILE REF NATURE OF BREACH PRESENT POSITION PROPERTY 54 109/5/372 Deep Clough, Breach of condition re: S330 issued. Retrospective application refused by Rural Littledale occupancy. planning committee on 6 June 2011. Considering Areas further action. EN issued. Awaiting compliance by 16 September 2012. Enforcement Officer to check for compliance. 55 109/5/358 Ivah Great Hill, Lowgill Unauthorised works Compliance achieved. Lane, Tatham including alterations to access and laying of hardcore. 56 109/5 Greenfield Bungalow, Creation of a ménage and S330 served. Retrospective application now approved. Page 80 Keer Holme Lane, siting of a caravan Capernwray 57 109/5 Land north of Braides Works not in accordance Application approved. Lodge, Sandside, with approved plans and Cockerham unauthorised use. 58 109/5 Land south of railway, Unauthorised works and S330 served and ELDC granted but site needs tidying Wennington use. up. 59 130/3/8 Cowkins Coppice, Erection of a dwelling. ELDC application pending. Application refused – Furness Ford Road, considering next course of action. Application Tatham approved. 60 109/5 Laithbutts, Leck Road, Use of site for outside S330 issued. Planning application refused by Cantsfield storage of caravans. committee February 2013. 61 109/5 Tower House, Halton Works to a Listed Building. Agreed a timescale to remedy situation following service of S330’s. 62 109/5 Land adjacent 15 Works and use. S330’s served and returned and new application Church Brow, Halton awaited. Greenlands Farm, Display of unauthorised 63 109/5/391 Monitoring. Priest Hutton signs.

DESCRIPTION OF DISTRICT NO FILE REF NATURE OF BREACH PRESENT POSITION PROPERTY

64 109/5/AH 48 Oak Drive, Halton Untidy property. S330’s served. Featherbed Meadow, Use of fishing lodge as a 65 109/5/397 PCN served. Borwick Lane, Borwick residential dwelling. Use of agricultural building Condergarth, Kit Brow 66 109/5/396 for B2 use (steel PCN served. Lane, Ellel fabrication). Siting of 5 caravans for Rural Condergarth, Kit Brow residential purposes and Areas 67 109/5/396 PCN served. Lane, Ellel use of two dwellings within

Page 81 the site as HMO’s 23 Hall Drive, Creation of an additional 68 109/5/394 EN served. Appeal lodged. Middleton unit of accommodation. Breach of condition re: 69 42 Borwick Lane, 109/5/395 occupancy of garage / PCN served. No evidence of a breach at present. Warton workshop.