Agenda and minutes

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

None.

To approve as a correct record the Minutes of the meeting of the Planning Committee held on Wednesday 06 September 2023.

Councillor Higginson proposed an addition to the minutes, and Councillor Fielding seconded the proposal. A vote was carried out and the motion was lost.

The minutes of the meeting of the Planning Committee held on Wednesday 06 September 2023 were confirmed as a correct record by those who were in attendance.

The Schedule of Appeals lodged and decided between 15 July 2023 – 15 September 2023, is attached.

The committee noted the Schedule of Appeals lodged and decided between 15 July 2023 and 15 September 2023. The Chair 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) (incorporating partial update of 2022)

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:

Change of use of a dwelling (C3) to a children’s home (C2) for up to 2 children and up to three carers.

The application was brought before members for consideration at the request of Councillor Thewlis due to the application’s potential impact upon amenity.

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 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 an additional consultee response which was acknowledged by officers.

The Planning Development Manager introduced the report. The application was for a proposed change of use from a dwelling (C3) to a children’s care home (C2), for up to 2 children and 3 carers. He highlighted that there were no physical alterations proposed to the semi-detached residential dwelling and the site was located within the defined settlement boundary of Fleetwood and Flood Zone 2.

Dan Smith spoke in objection to the application.

Councillor Catterall asked a question of the speaker.

David Fern spoke in objection to the application.

Gillian Crowker spoke in objection to the application.

Councillor Rimmer asked a question of the speaker.

Pauline Kennedy spoke in objection to the application.

Angela Walsh spoke in support of the application.

Councillor Rimmer and Preston asked questions of the speaker.

Remi Tomlinson, acting as the applicant, spoke in favour of the application.

Councillor Lady Atkins asked a question of the speaker.

The Head of Planning and Regeneration responded to the questions and concerns raised during the public speaking portion of the meeting. He highlighted that within the report, the representations received were dealt with in section 7 and the guidance document was covered in paragraph 9.11. He clarified that an additional condition could be added to protect residential amenity which would prevent the use of the flat roof as a balcony or to be used in anyway. He explained that the work which had already started on site did not require permission.

Councillor Raynor asked the Head of Planning and Regeneration if the application was permitted, were there more steps the applicant had to go through before a care home was setup. He explained that the majority of other regulatory regimes require planning first.

Councillor Catterall asked for clarification around the dropped crossing which Lancashire County Council (LCC) had requested. The Head of Planning and Regeneration explained that this was covered in informative note 2.

Councillor Lady Atkins proposed an additional condition to be added, seconded by Councillor Livesey, to prevent the use of the flat roof on the existing rear extension from being used as a balcony/roof terrace. The Committee agreed that an additional condition of this nature would be appropriate on the application if it were to be approved.

Councillor Rimmer proposed that the application be approved in principle as per the Officer’s recommendation but subject to an additional condition to the satisfaction of the Head of Planning and Regeneration (in consultation with the Chair) to prevent use of the flat roof as an amenity  ...  view the full minutes text for item PA.31

Change of use of land for the siting of 5 static caravans (restricted to holiday use), with new internal access road and parking (resubmission of 22/00487/FUL).

The application was brought before members for consideration at the request of Councillor Lady Atkins.

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

The Planning Development Manager introduced the report. The application was for a proposed change of use of land for the siting of 5 static caravans for holiday use only along associated internal access road and parking. He highlighted that the application site relates to land to the eastern side of Havenlyn Residential Retirement Park off Lancaster New Road (A6) in Cabus and was located within Flood Zone 1.

Lesley Marshall spoke in objection to the application.

Councillor Catterall asked a question of the speaker.

Wyre Borough Councillor for Garstang ward, Alice Collinson, spoke against the officer recommendation.

Councillor Amos asked a question of the speaker.

The Head of Planning and Regeneration clarified that there were no age restrictions because the application was for holiday use only.

The Planning Development Manager highlighted that drainage was covered in paragraph 9.14 of the report. He explained that the Councils Drainage Engineer had been consulted on the application and had commented that additional information was required. He clarified that a new package treatment plant was proposed to serve the proposed units but the full details were not submitted with the application. However, they were conditioned in condition 8 of the report.

Councillors raised the following questions/concerns over:

·         drainage;

·         proposed caravan sited south;

·         car parking;

·         septic tank;

·         elderly residents and;

·         restricting the view of current residents

The Planning Development Manager clarified that the application can only be assessed on what was being applied for and not any existing drainage.

In response to member comments, the Head of Planning and Regeneration observed that the application was for five units and explained that members would need to identify what they considered to be the planning harm of the 1 unit sited to the south.

Councillor Preston proposed the recommendation to approve the application to the committee, and Councillor Lady Atkins seconded the proposal. It was resolved to approve the application as per the Officers recommendation 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 15.11.2022 including the following plans/documents:

            -      Site Location Plan ref.GA3442-LP-01A (received 18.09.2023)

            -      Proposed Site Plan ref.GA3442-PSP-01B (received 18.09.2023)

            -      Norwegian Log Caravan Specifications (containing floor plans and elevations) Types Lomond, Tirol and The Alpine Compact (received 25.07.2023)

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

Reason: For the avoidance  ...  view the full minutes text for item PA.32

First-floor extension and internal alterations to existing light industrial unit (Use Class E) to provide first-floor ancillary office accommodation (Use Class E).

The application was brought before members for consideration at the request of Councillor Duffy due to concerns related to the height and scale of the proposal in comparison to adjacent properties.

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

The Planning Development Manager introduced the report. The application was for the erection of a first-floor extension to the building and internal alterations to the existing light industrial unit (Use Class E) to provide first-floor ancillary office accommodation (Use Class E). He highlighted that the site was in a predominately residential area and falls within the Fleetwood Conservation Area.

Wyre Borough Councillor for Pharos ward, Ruth Duffy, spoke in favour of the officer recommendation.

Councillors raised concerns over the location and size.

Following discussion and a proposal by Councillor Raynor, seconded by Councillor Catterall, it was resolved to refuse the application as per the Officers recommendation for the following reasons:

1.       Due to the overall excessive scale of the proposed extension, in close proximity to residential properties, the development would result in an adverse detrimental impact on the residential amenity of the neighbouring properties to the east, namely 141-145 Promenade Road, by way of loss of light, loss of outlook and its overbearing impact. In addition, the two windows to the front elevation of the proposal would result in unacceptable overlooking/loss of privacy to the properties to the north of the site, 7-11 Abbotts Walk.  As a consequence the proposal would fail to comply with Policy CDMP3 of the Wyre Local Plan (2011-2031) along with the provisions of the NPPF.

2.       The proposed development by reason of its excessive scale sited within a predominantly residential area, would result in a highly prominent and obtrusive feature within the street scene, resulting in significant detrimental impact on the character and visual amenity of the surrounding area.  As a consequence the proposal fails to comply with Policy CDMP3 of the Wyre Local Plan and the Supplementary Planning Guidance 4 along with the provisions of the National Planning Policy Framework, in particular section 12.

Proposed single-storey side extension to form garage, two-storey front extension to main house. Alterations to all roofs with the formation of front facing dormers (re-submission of planning application 23/00392/FUL).

The application was before members for determination as it was a re-submission of application 23/00392/FUL which was determined by members at the 5 July 2023 committee meeting. The application was also brought before members for consideration at the request of Councillor Le Marinel due to the applications potential impacts upon residential amenity.

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

The Planning Development Manager introduced the report. The application was for a proposed single-storey side extension to form garage, two-storey front extension to the main house and alterations to all roofs with the formation of two front dormers. He explained that application 23/00392/FUL was refused due to a proposed two-storey side extension to the eastern elevation of the dwelling resulting in a harmful and detrimental overbearing impact on residential amenity for the occupiers of the adjacent dwelling at 206a Breck Road.

He highlighted that the application’s main difference from the previous refused planning application was the formation of a single-storey side extension with pitched roof to the eastern elevation rather than a gable ended two-storey side extension and changes to window openings to the eastern elevation and windows in the front dormers.

Wyre Borough Councillor for Breck ward, Peter Le Marinel, spoke against the officer recommendation.

Councillor Lady Atkins and Fielding asked questions of the speaker.

The Head of Planning and Regeneration explained that the concerns raised during the public speaking were immaterial to the planning decision.

Councillor Catterall asked for clarification around the lean to roof.

Councillor Livesey proposed the recommendation to approve the application to the committee, and Councillor Lady Atkins seconded the proposal. A vote was carried out and the motion was lost.

The Head of Planning and Regeneration reminded committee that in circumstances where planning applications are refused, reasons for refusal, should refer to the planning harm and the policy that supports that reason for refusal.

Councillor Higginson asked the Chair whether reasons must be given if a planning application is refused. The Chair confirmed that reasons for refusal must be given.

Councillor Raynor asked for further clarification around policy SP8 Health and Well-Being.

Councillor Rimmer asked for clarification around a further determination.

Councillor Higginson asked if the application could be deferred until the committee had reasons for refusal. The Chair said that it was not an appropriate reason for deferral.

The Committee considered the matter further. Councillor Fielding left the room.

Councillor Rimmer proposed the recommendation to approve the application to the committee, and Councillor Livesey seconded the proposal. It was resolved to approve the application as per the Officers recommendation 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  ...  view the full minutes text for item PA.34

Report of the Corporate Director Environment.

The Corporate Director Environment submitted a report for the committee to consider the objection to the making of the Wyre Council Tree Preservation Order No 9 of 2023: Heyswood House, Head Dyke Lane, Pilling, PR3 6SJ.

The Tree & Woodland Officer, Ryan Arrell, introduced the report.

The committee had visited the site and had no questions on the report.

The Chair asked the committee to consider the recommendation. It was proposed by Councillor Catterall and seconded by Councillor Amos that the tree preservation order be approved in accordance with the Officer recommendation. It was resolved to confirm the Council Tree Preservation Order No 9 of 2023: Heyswood House, Head Dyke Lane, Pilling, PR3 6SJ without modification for the reasons set out in the officer report.