Agenda and minutes

The Chair opened proceedings with housekeeping rules for the meeting. He asked the members of the public in attendance if they would like to record the meeting and to indicate so to the committee.

One member of the public requested permission to record the meeting via an audio recorder on her phone, specifically for item 5c.

The Chair informed the public of the procedures for recording meetings. There were no objections to such a recording being made and the Chair granted the request.

Members will disclose any pecuniary and any other significant interests they may have in relation to the matters under consideration.

The Chair declared a non-pecuniary interest in item 5d, as he knew the one of the directors of the building company but that this was not such as to prejudice his judgement or be reasonably seen to. Therefore he remained in the meeting and participated in the determination of the application.  

Councillor Kay declared a non-pecuniary interest in item 5b as she was the county councillor for the ward relating to that item. She also declared a non-pecuniary interest in item 5c as she was a Corporate Parent for Lancashire and was also, in her role as a county councillor, involved in the County Council’s Children Looked After (CLA) Sufficiency Strategy. She would therefore leave the Chamber for item 5c.

To confirm as a correct record the minutes of the Planning Committee meeting held on 02 November 2022 (already circulated by email).

The minutes of the meeting of the Planning Committee held on the 02 November 2022 were approved as a correct record.

The Schedule of Appeals lodged and decided between 15 October 2022 – 15 November 2022, is attached.

The committee noted the Schedule of Appeals lodged and decided between 15 October – 15 November 2022, as set out on pages 3-6 of the agenda pack. Any member requiring any further details or clarification on any appeal was invited to contact the relevant case officer.

Background Papers:

In preparing the reports on this agenda the following documents have been used:

1.            The Wyre Borough Local Plan (2011-2031)

2.            Draft Revised Joint Lancashire Minerals and Waste Local Plan

3.            Joint Lancashire Minerals and Waste Local Plan

4.            Statements of Government Policy/guidance (NPPF, NPPG, Ministerial Statements etc.)

5.            Supplementary Planning Guidance and evidence base documents specifically referred to in the reports

6.            The application file (as per the number at the head of each report)

7.            The forms, plans, committee reports and decisions as appropriate for the historic applications specifically referred to in the reports

8.            Any additional information specifically referred to in each report.

These background documents are available on line, or for inspection by a written request to Planning Services, Civic Centre, Breck Road, Poulton-le-Fylde, FY6 7PU.

Reports of the Head of Planning Services on planning applications to be determined at this meeting:

Two storey and part single storey front extension, side and rear extensions with first floor dormer to side elevation (deferred item from last meeting).

The application was before members for determination for a second time, as it had been deferred at the previous meeting to enable a site visit to take place and allow members to assess the impacts arising from the development on the surrounding neighbouring properties.

A site visit had occurred to enable members to understand the proposal beyond the plans and photographs submitted by the case officer, as requested.

An update sheet was published on the council’s website, the information only having become available after the original agenda was published. The committee considered the update sheet, which contained additional neighbour representations which were acknowledged by officers.

There were no material changes to the application since it was previously presented, so there would be no opportunities for public speaking on this item.

The committee moved straight into debate, however there were no further questions for the application.

The Chair presented the recommendation to approve the application to the committee. It was proposed by Councillor I Amos, and seconded by Councillor Le Marinel, and resolved to approve planning permission subject to the conditions set out below.

Conditions:

1.    The development must be begun before the expiration of three years beginning with the date of this permission.

Reason: This condition is required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.    The development shall be carried out, except where modified by the conditions to this permission, in accordance with the Planning Application received by the Local Planning Authority on 1 August 2022 including the following plans/documents:

-    Revised Proposed floor plans, elevations, location plan & site plan Drawing -Number 201 REV C

The development shall be retained hereafter in accordance with this detail.

Reason: For the avoidance of doubt and so that the Local Planning Authority shall be satisfied as to the details.

3.    The development shall be carried out strictly using those materials specified on the application form unless other minor variations are submitted to and approved in writing by the Local Planning Authority after the date of this permission and before implementation.

Reason: To safeguard the visual amenities of the locality and in accordance with Policy CDMP3 of the Wyre Local Plan (2011-31).

4.    The development hereby permitted shall be carried out in accordance with the approved Flood Risk Assessment (FRA) as received by Wyre Council on 2 August 2022 including the mitigation measures detailed within the FRA. The mitigation measures shall be fully implemented prior to first occupation of the development or subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be approved in writing by the Local Planning Authority.

Reason: To reduce the risk of flooding to the proposed development and future occupants in accordance with Policy CDMP2 of the Wyre Local Plan (2011-31) and the National Planning Policy Framework.

5.    Notwithstanding the provisions of Class A, Part1, Schedule  ...  view the full minutes text for item PA.36

Outline application (all matters reserved excluding access) for the construction of up to 130 new residential dwellings (Use Class C3), structural landscaping and green infrastructure and creation of access comprising eastward extension of the main access road and two points of vehicular access to the residential site and the construction of a cycle/footway.

The application was brought before members for determination as it fell primarily within an allocated site within the Wyre Local Plan and was of strategic importance.

A site visit occurred to enable members to understand the site context beyond the plans submitted and site photographs taken by the case officer.

An update sheet with additional information was published on the council’s website, this information only having become available after the original agenda was published. The committee considered the update sheet, which contained: additional consultation responses from the Education Authority with an objection to the application; Natural England with no objections to the application; WBC Head of Public Realm and Environmental Sustainability with comments on the loss of the existing woodland. It also contained amendments to conditions 2, 4, 7, 21, and 22.

The Senior Planning Officer introduced the report. He explained to members that the application was part of the Hillhouse Enterprise Zone, and was in line with the approved masterplan. The application also included the removal of the Tree Preservation Order (TPO) which had been placed on it by committee approval in the summer; however the loss of these trees had been mitigated by the replacement of the landscaping and future tree planting. He informed the committee that due to financial constraints, the full development contributions relating to social housing, children’s play, offsite highway improvements and travel plans could not be sought.

Prior to the opening of the public speaking on the application, , the Vice Chair proposed that the item be deferred to allow further investigations into the removal of the woodland TPO; social matters including the quantity of affordable housing being provided; and for the case officer to liaise with Lancashire County Council Highways to reconsider the required off-site highway works and to see if the scope of works could be extended  to include all of Fleetwood Road North and not just up to the junction of Bourne Way

This was seconded by Councillor Orme.

The Chair put the vote to the committee. It was resolved to defer the item to allow officers to liaise with the applicant and consultees.

After the determination of this item Councillor Kay left the meeting.

Change of use of a dwelling (C3) to a childrens care home (C2) for the care of a maximum of 4 children (up to the age of 17 years old) with a maximum of 4 staff present at the property at any time.

The application was brought before members for determination at the request of Councillor Collinson.

A site visit occurred to enable members to understand the site context beyond the plans submitted and site photographs taken by the case officer.

An update sheet with additional information was published on the council’s website, this information only having become available after the original agenda was published. The committee considered the update sheet, which contained additional consultation responses from WBC Head of Environmental Health and Community Safety with no objections to the proposal and additional neighbour responses.

Judith Fairclough spoke in objection to the application on behalf of a neighbour.

Melissa Toland spoke in objection to the application on behalf of a neighbour.

Cabus Parish Councillor Mark Houghton spoke in objection to the application.

Wyre Borough Councillor for Garstang ward, Alice Collinson, spoke in objection to the application.

Mark Twiname, the applicant, spoke in favour of the application.

Councillor Lady Atkins asked the applicant about the number of children’s homes he owned and ran, and whether they would take in children primarily from the local area.

The Head of Planning and Regeneration addressed some of the points raised during public speaking.

He told the committee that care for children was regulated by other bodies, and was not something to be considered on the application. The application itself was in conformity with the council’s policies within the Local Plan; additionally, the Local Plan only expressed a need for C3 classed dwellings, and was silent regarding C2 dwellings. Therefore the committee could not, whether there was a local need for children’s care homes or not, take this into account. He also explained how dwellings were classed into C3, C2 and C2a dwellings.

He reminded members that they were considering a change of use in principle; planning decisions did not necessarily lead to implementation, particularly as there were further hurdles the applicant would need to go through if permission were granted for the business to be able to operate.

He addressed comments made by the members of the public on the suggestion that the council had not followed statutory timescales for publishing information. He responded that although the information provided on the update sheet had come after the publication of the agenda, the committee had a duty to consider all relevant information brought to their attention before a decision was made.

Several members raised their concerns over the proposed location of the care home, including the difficulties in accessing public transport and the lack of facilities for children in the area. Many raised this issue of sustainability and said that the proposal did not conform to policy SP2. They also mentioned issues with school spaces and vehicle movements by staff and visitors.

The Head of Planning and Regeneration responded to the concerns raised by members. He said that in terms of the sustainability of the property and its location, officers did not see a material difference from use by a private dwelling and a care home. The  ...  view the full minutes text for item PA.38

Outline application for the demolition of existing dwelling and erection of 33 apartments for over 55's, including ancillary accommodation and parking with details of access, appearance, layout and scale included (resubmission of application 20/00092/OUTMAJ).

The application was brought before members for determination as it was a resubmission of a previous application which had been called in by Councillor Minto.

A site visit occurred to enable members to understand the site context beyond the plans submitted and site photographs taken by the case officer.

An update sheet with additional information was published on the council’s website, this information only having become available after the original agenda was published. The committee considered the update sheet, which contained an updated Flood Risk Sequential test from the applicant’s agent; additional consultation responses from the Lead Local Flood Authority withdrawing their objections and WBC Head of Public Realm and Environmental Sustainability confirmed they were seeking off-site financial contributions towards the improvements at Wyre Estuary Country Park. There were also additional neighbour representations.

The Senior Planning Officer introduced the item. He reminded members that the application had previously been refused by the committee in April 2021 and an appeal submitted to the Planning Inspectorate had been dismissed, but only on the grounds that the applicant had not submitted a Section 106 obligation. The appeal had also resulted in a separate costs decision with a partial award of costs to the applicant. He told the committee that this application was an identical scheme, and that the previous reasons for refusal on the on-site parking provision and the scale and massing were not supported by the Planning Inspector despite the fact the appeal had been dismissed.

Dianne McKnight spoke in objection to the application.

Dave Morse, the agent, spoke in favour of the application.

Councillor Orme said that the refusal reasons for the previous application were still relevant, but conceded that the existence of a 3-storey building behind the boundary meant that the refusal on scale and massing would be difficult to pursue. Both he and Councillor Lady Atkins were still concerned over the proposed number of on-site parking spaces.

The Chair reminded members of the comments made by the Planning Inspector on these issues.

Other councillors agreed with the continued concerns over the parking provisions but conceded the difficulties in continuing with these reasons in view of the Planning Inspector’s decision letter. Councillor Walmsley said that it was important for the building to no longer remain empty and derelict.

The Head of Planning and Regeneration addressed the committee. He reminded them that they were to consider the development proposal in front of them, not previous applications, but were to be mindful of the weight of the Inspector’s comments due to the similarities of the two applications.

Councillor Orme asked the Head of Planning to clarify the council’s policy on the number of parking spaces per bedrooms of a property. A suggestion was made by Councillor Kay for residents to book and pay for parking spaces.

The Head of Planning responded that the parking standards were covered in the report to members; in this case, more parking spaces would be needed however the site location and availability of other transport measures mitigated  ...  view the full minutes text for item PA.39