PLANNING COMMITTEE HELD: 21 JULY 2011 Start: 7.30p.m. Finish: 10.40p.m.

PRESENT:

Councillors: Pope (Chairman) Mrs. Stephenson (Vice-Chairman)

Aldridge Mrs. Hopley Ashcroft S. Jones Bailey McKay Baybutt Moran Mrs. Blake O’Toole Blane R.A. Pendleton Delaney Mrs. Pollock Fowler Pratt Griffiths Pye Hodson

Officers: Borough Planner (Mr. J. Harrison) Planning Control Leader (Mrs. C. Thomas) Principal Planning Officer (Mrs. A. Veevers) Acting Legal Services Manager (Mr. M. Jones) Member Services Officer (Mrs. J.A. Jones)

In attendance: Councillor Forshaw (Portfolio Holder for Planning and Technical Services)

16. APOLOGIES

Apologies for absence were received on behalf of Councillor Davis.

17. MEMBERSHIP OF THE COMMITTEE

In accordance with Council Procedure Rule 4, the Committee noted the termination of Councillors Westley, Mrs. Houlgrave, Lea and Mawdsley and the appointment of Councillors Mrs. Hopley, Mrs. Pollock, Bailey and Delaney for this meeting only, thereby giving effect to the wishes of the political groups.

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

There were no urgent items of business.

19. DECLARATIONS OF INTEREST

1. Councillor Fowler declared a personal and prejudicial interest in respect of planning application no. 2010/1474/FUL relating to the Comrades Club, Southport Road, as he is a Trustee. PLANNING COMMITTEE HELD: 21 JULY 2011

2. Councillors Aldridge, Bailey and O’Toole declared a personal interest in respect of planning application no. 2011/0604/LC4 relating to West Borough Council, 52 Derby Street, Ormskirk by virtue of their membership of Lancashire County Council who are the applicant for this application.

3. Councillors Aldridge, Bailey and O’Toole declared a personal interest in respect of planning application no. 2011/0528/CMA relating to White Moss Horticulture, North Perimeter Road, by virtue of their membership of Lancashire County Council.

4. Councillors Aldridge, Bailey and O’Toole declared a personal interest in respect of planning application no. 2011/0529/CMA relating to Land at Simonswood Moss, North Perimeter Road, Simonswood by virtue of their membership of Lancashire County Council.

5. Councillor Mrs. Stephenson declared a personal and prejudicial interest in respect of Enforcement Item E/2011/0070/UAU, Old Brick Barn, Drummersdale Lane, , as a relative of hers lives nearby to the site in question, and therefore left the Chamber during consideration of this item.

6. Councillor Mrs Stephenson declared a personal and prejudicial interest in respect of planning application no 2010/1474/FUL relating to the Comrades Club, Ormskirk as a relative of hers lives nearby to the application site, and also a relative of hers runs a business in the Town Centre and therefore indicated that she would leave the Chamber during consideration of this item.

7. Councillor Forshaw declared a personal interest in respect of planning application no 2009/0138/FUL relating to Little Hall Farm, Cottage Lane, Ormskirk as the applicants are known to him.

8. Councillor Fowler, in respect of planning application no 2011/0106/FUL, R/o 5-8 Woods Close, advised that he had a predetermined view on this application and, that, accordingly he would not take any part in the decision and would leave the Chamber during consideration of this item.

20. DECLARATIONS OF PARTY WHIP

There were no declarations of Party Whip.

21. MINUTES

RESOLVED: That the minutes of the meeting held on the 16 June 2011 be approved as a correct record and signed by the Chairman. PLANNING COMMITTEE HELD: 21 JULY 2011

22. PLANNING APPLICATIONS

The Director of People and Places submitted a report containing the schedule of Planning Applications (all prefixed 2011 unless otherwise stated) as contained on pages 221 to 310 of the Book of Reports and also on pages 349 to 360 giving details of late information including amendments/additions to planning applications.

RESOLVED: A. That planning application 0606/LC4 relating to Borough Council, 52 Derby Street, Ormskirk be approved subject to the conditions in the schedule and to any amendments/additional recommendations indicated in the late information.

B. That in respect of planning application 0511/OUT relating to 35 Long Lane, Aughton

(i) outline planning permission be granted subject to the conditions in the schedule and to any amendments/additional recommendations indicated in the late information (ii) any subsequent reserved matters application being referred to the Planning Committee for consideration.

C. That in respect of planning application 0106/FUL, r/o 5-8 Woods Close, Haskayne the item be deferred to seek further information from the Highway Authority regarding accidents occurring in close proximity to the site and to establish whether any improvements are proposed to the junction of School Lane and Delf Lane.

D. That in respect of application no. 0325/ARM, relating to the former Haskayne Business Park, Haskayne that the reserved matters be approved for the erection of 45 dwellings comprising 30% affordable housing including details of appearance landscaping, layout, scale and means of access subject to the conditions in the schedule and to the amendment of Condition 1 as follows:-

Conditions 1. The development hereby approved shall be carried out in accordance with details shown on the following plans:- Plan references: 072.01.35.P01 REV G (received 20th July 2011); 072.01.35.P02 (dated July 2011); 3977.01 REV B (dated 6th July 2011); S07/329 B (dated Sept 2007); 4.208/P/B/L; 072.01.35.03; 2.13/P/B/L; 4.212/P/B/L; 3.118/P/R/L; 072.01.35.P02; 4.135/P/B/L; 4.201/P/B/L; 4.309/P/B/L; 4.207/P/B/L; 3.205/P/B/L; 4.216/P/B/L; 3.311/P/B/L, 4.204/P/B/L (received 17th March 2011); 4.203/P/B/L (received 25th March 2011), site location plan (received 17th March 2011); together with the Design and Access Statement and arboricultural information both received by the Local Planning Authority on 17th March 2011. PLANNING COMMITTEE HELD: 21 JULY 2011

E. That in respect of application no. 0528/CMA, White Moss Horticulture, North Perimeter Road, Simonswood, that it be reported back to Lancashire County Council, that the Council raise no objections to the application, provided that the restoration of the site is considered to be acceptable by the County Ecologist and provided that the composting operations end on the original date of 31st December 2042.

F. That in respect of application no. 0529/CMA, Land at Simonswood Moss, North Permiter Road, Simonswood, that it be reported back to Lancashire County Council, that the Council raise no ojections to the application, provided that the restoration of the site is considered to be acceptable by the County Ecologist and provided that the composting operations end on the original date of 31st December 2042.

G. That in respect of planning application 2009/0138/FUL relating to Little Hall Farm, Cottage Lane, Ormskirk the application be deferred to enable the need and level of proposed financial contribution to be re-considered, and the proposed conditions reviewed.

H. That planning application 2010/1474/FUL, Comrades Club, Southport Road, Ormskirk be refused for the following reasons:-

I. The applicant has failed to establish that the proposed development will not adversely affect the vitality and viability of Ormskirk Town Centre and therefore fails to meet the requirements of Policy DE10 in the West Lancashire Replacement Local Plan and Policies EC16 and EC17 in PPS4: Planning for Sustainable Economic Growth.

2. Insufficient information has been provided to demonstrate the proposed development will not directly or indirectly have an adverse impact on protected species (bats) and/or their habitats and therefore fails to meet the requirements of Policy EN1 in the West Lancashire Local Replacement Plan.

3. The proposed development conflicts with Policy EN10 of the West Lancashire Replacement Local Plan in that it would increase the risk of flooding by impeding flood flows and prevent poor maintenance of the surface water flow in Hurlston Brook adjacent to the site.

4. The proposed development by virtue of its scale, siting and design, will result in harm to the residential amenity of occupiers of neighbouring properties through causing an unacceptable degree of overshadowing and/or constituting an overbearing form of development resulting in poor outlook and therefore fails to comply with Policies GD1 and DE10 in the West Lancashire Replacement Local Plan. PLANNING COMMITTEE HELD: 21 JULY 2011

5. The applicant has failed to sufficiently demonstrate that the development will not adversely affect the residential amenity of neighbouring occupiers through noise and light nuisance, and retain air quality within acceptable EU standards and therefore fails to comply with Policies GD1 and DE10 in the West Lancashire Replacement Local Plan.

6. The applicant has failed to compensate or demonstrate that the loss of the recreational and cultural facility provides an overall benefit to the community in social, environmental and economic terms and therefore fails to comply with Policy SC1 in the West Lancashire Replacement Local Plan.

7. The applicant has failed to assess the value or demonstrate that the loss of the remembrance monument in its current setting will not adversely affect the value of this cultural facility and heritage asset and therefore fails to comply with Policy SC1 in the West Lancashire Replacement Local Plan and Policy HE6 in PPS5: Planning for the Historic Environment.

8. The design of proposal responds poorly to its context and consequently fails to improve the character and quality of the area in conflict with Policy GD1 in the WLRLP, Policy EC10 in PPS4 and Supplementary Planning Guidance – Design Guide.

9. By virtue of the proposed site layout and lack of information in respect of visibility splays, and off-site road layouts the applicant has failed to prioritise the convenience of pedestrians, cyclists and users of public transport over that of the car, or demonstrate that safe access and egress is available at the site without compromising the safety of other road users, and therefore fails to comply.

I. That in respect of planning application 0220/FUL, Land East of Tanhouse, Skemersdale the decision to grant planning permission be delegated to the Borough Planner in consultation with the Chairman and Vice-Chairman of the Planning Committee subject to a planning obligation entered into under Section 106 of the Town and Country Planning Act 1990 (or a Deed of Modification under Section 106 of the same act) requiring:

1. A commuted payment to be used towards the future long- term maintenance of the Public Open Space within the site and which will also address the short fall of Public Open Space provided on site. 2. Provision of affordable housing units on the site comprising a mixture of 60% Social Rent and 40% Shared Ownership. 3. That the development is phased so as to ensure the delivery of the affordable units at an appropriate stage. PLANNING COMMITTEE HELD: 21 JULY 2011

(Notes: 1. In accordance with the procedure for public speaking on planning applications on this Committee (a) Members of the public spoke in connection with application nos. 2011/0106/FUL; 2011/0511/OUT; 2009/0138/FUL and 2010/1474/FUL 2. Councillors Fowler was not present during consideration of planning application no. 2011/01006/FUL, r/o 5-8 Woods Close, Haskayne. 3. Councillor Fowler was not present during consideration of planning application no. 2010/1474/FUL, Comrades Club, Ormskirk. 4. Councillor Mrs. Stephenson left the Chamber during consideration of planning application no. 2010/1474/FUL, Comrades Club, Ormskirk. 5. Prior to consideration of planning application 2011/0220/FUL the meeting was adjourned for a 5 minute comfort break. 6. At the re-commencement of the meeting, Councillors Blane, Forshaw and Mrs. Hopley were not present for the remainder of the meeting).

23. ENFORCEMENT ITEMS

The Director of People and Places submitted a report containing details of enforcement items (all prefixed E/11 unless otherwise indicated) as contained on pages 311 to 326 of the Book of Reports and also pages 349 to giving details of late information.

RESOLVED: (A) That in relation to Enforcement Items E/2010/0128/UBW; E/2010/0318/USN; E/2010/0397/UAU; 0070/UAU:-

(i) That the Acting Borough Solicitor be authorised to issue a notice of the type and under the Section of the Town and Country Planning Act 1990, as set out in the report , requiring the steps to be taken within the time periods and for the reasons as set out in the report, (ii) That the Acting Borough Solicitor be authorised to take proceedings where any steps required by the notice are not taken within the period of compliance and the Borough Planner be authorised to enter the land and take those steps. In the event of the Borough Planner having to take such action, he be authorised to recover the expenses reasonably incurred. (iii) That the Acting Borough Solicitor be authorised to withdraw, vary and re-issue notices if subsequent information indicates this to be necessary.

(B) That in relation to Enforcement Item E/2010/0428/USN that no further action is required.

(C) That in relation to Enforcement Item E/2009/0429/UF an organised site visit take place to assess the site the subject matter of the Enforcement Notice. PLANNING COMMITTEE HELD: 21 JULY 2011

(Note: 1. Councillor Fowler left the Chamber during consideration of enforcement item E/2011/0070/UAU, in relation to Old Brick Barn, Drummersdale Lane, Scarisbrick. 2. Councillor Mrs. Stephenson left the Chamber during consideration of enforcement item E/2011/0070/UAU, in relation to Old Brick Barn, Drummersdale Lane, Scarisbrick.

24. DEED OF DISCHARGE TO SECTION 52 AGREEMENT - PRIMROSE HILL NURSERY, ASMALL LANE,

Consideration was given to the report of the Director of People and Places as contained on pages 327 to 331 of the Book of Reports the purpose of which, was to seek Members authorisation to issue a deed of discharge of a Section 52 Agreement, restricting the occupancy of the dwelling at Primrose Hill Nursery to a person solely or mainly employed in the locality in agriculture as defined in Section 290(1) of the Town and Country Planning Act 1971, or in forestry (including any dependents of such a person residing with him), or a widow or widower of such a person, or a person last employed before retirement on the holding of which the dwelling hereby approved forms a part.

RESOLVED: That the Acting Borough Solicitor take all necessary action in consultation with the Borough Planner to discharge the Section 52 Agreement relating to Primrose Hill Nursery.

------CHAIRMAN -