Agenda and minutes

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

Councillor Kay declared a non-pecuniary interest in item 5 (b) as she was a member of Lancashire County Council’s Corporate Parenting Board.

To confirm as a correct record the minutes of the Planning Committee meeting held on 11 February 2023 (already circulated by email).

The incorrect date shown on the agenda front sheet was noted and the minutes of the meeting of 11 January 2023 were approved as a correct record.

The Schedule of Appeals lodged and decided between 15 December 2022 – 15 January 2023, is attached.

The committee noted the Schedule of Appeals lodged and decided between 15 December 2022 and 15 January 2023. The Chairman invited any Member requiring any further details or clarification on the appeal 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:

The Chairman advised that update sheets had recently been published on the council’s website containing information that had only become available after the agenda was published.

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.

Deferred from the meeting of the 4 December 2022.

Karl Glover, Development Manager, introduced the report. The committee had deferred the item at the meeting of 7 December 2022 to allow further investigations into the removal of the woodland TPO, the quantity of affordable housing and for the case officer to liaise with Lancashire County Council (LCC) Highways to consider extension of the scope of the highway assessment.

The applicant’s agent, Peter Tooher, addressed the committee stating that LCC Highways had confirmed following the deferment of the application in December that there was no justification for additional assessment. He also stated that there was no scope for retaining any of the existing trees but that new trees would be planted to mitigate against the loss, He also told the Committee that the scheme was unable to provide more social housing because of the challenges with infrastructure and viability issues. He confirmed that there was no request for payment of a financial education contribution.

Howard Philips of Thornton Action Group then addressed the committee specifically about road safety problems and residents’ concerns about the amount of collisions. He asked that the committee consider a further deferment of the application.

The committee considered the report, the update sheet and the representations and raised a number of issues. Members discussed and noted the position of the local highway authority and remained concerned about the impact of the development on the trees on the site, which were subject to a recent tree preservation order, in the interest of amenity. The Committee discussed the council’s declaration of a climate emergency on 20 July 2019, and nature conservation and biodiversity value and considered whether an additional condition regarding tree sizes could address this issue but was of the view that one would not satisfactorily address its concerns.  The committee was concerned also about the proposed reduced provision of affordable housing of the development in this part of the borough.

After the Chairman moved a motion (seconded by Councillor Le Marinel) to vote on the officer recommendation, which was lost with zero votes in favour, Councillor Ballard moved a motion to refuse the application, which was seconded by Councillor Orme.

Decision

The application was refused contrary to recommendation (11 votes to 1 with 1 abstention), for the following reasons:

1)    The proposed development by way of the level of affordable housing provision was an unacceptable reduction in infrastructure contrary to the provisions of Policies SP6 and HP3 of the Wyre Local Plan 2011-2031 (incorporating partial update of 2022).

2)     The proposed development was contrary to Policy CDMP4 of the Wyre Local Plan 2011-2031 (incorporating partial update of 2022) in that the benefits do not outweigh the loss of amenity, nature conservation and biodiversity value of the trees.

Change of use from residential dwelling (Use Class C3) to a children's home (Use Class C2) for up to two children.

Members had attended a site visit to enable them to understand the site context beyond the plans submitted and site photographs taken by the case officer.

Karl Glover, Development Manager introduced the report stating that the recommendation was to approve the application subject to the applicant meeting the conditions set out in the report.

The Managing Director of Real Care Support (the applicant), Gary Meehan, addressed the committee and responded to questions from members.

Following discussion, it was proposed by Councillor Kay, and seconded by Councillor Amos that the application be approved.

Decision

The application was approved in line with the recommendation subject to the following conditions (reproduced as outlined in the report):

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 22.10.2022 including the following plans/documents:

- Site Location plan

- Proposed Ground Floor Plan. Drawing Number 2025/3.1

- Proposed First Floor Plan. Drawing Number 2025/3.2

- Site Plan. Drawing Number 2025/1.2

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 premises shall be used for a children's residential home (C2 use) only and for no other purpose (including any other purpose in Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) without prior express planning permission from the local planning authority.

Reason: The use of the premises for any other purpose would require further consideration by the Local Planning Authority in accordance with Policy CDMP3 of the Wyre Local Plan (2011-31).

4. The number of children to be cared for at the premises shall be limited to a maximum of 2 at any one time.

Reason: To enable the Local Planning Authority to retain a measure of control over the development thereby safeguarding the amenities of the area including neighbouring properties in accordance with Policy CDMP3 of the adopted Wyre Local Plan 2011-31.