Agenda and minutes

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

Councillor Higginson declared a Non-Pecuniary Interest on Item C (23/00215/OULMAJ) as he was the ward councillor.

Councillor Kay declared a Non-Pecuniary Interest on Item C (23/00215/OULMAJ) as she was the county councillor.

To confirm as a correct record the minutes of the Planning Committee meeting held on 07 June 2023 (already circulated by email).

The minutes of the meeting of the Planning Committee held on the 7 June 2023 were approved as a correct record subject to amendment of the minutes to include the nominations for Vice Chair.

The Schedule of Appeals lodged and decided between 15 May 2023 – 15 June 2023, is attached.

The committee noted the Schedule of Appeals lodged and decided between 15 May 2023 and 15 June 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:

Proposed two-storey side extension to form garage with habitable space above, two-storey front extension to main house. Alterations to all roofs with the formation of front facing dormers.

The application was brought before members for consideration at the request of Councillor Le Marinel due to concerns related to massing of the proposal and overlooking.

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 two-storey side extension to form garage with habitable space above, two-storey front extension to the main house and alterations to all roofs with the formation of two front dormers. He highlighted that the main concern was the overbearing impact for the occupiers of the dwelling at number 206a Breck Road due to the forward projection of the property. He clarified that it would be contrary to Policy CDMP3 of the Wyre Local Plan and the provisions of the Extending your Home SPD.

Wyre Borough Councillor for Breck ward, Peter Le Marinel, spoke in favour of the officer recommendation.

The Planning Development Manager confirmed that the alterations to the building regulations that came into force 1 June 2023 were purely a building regulations matter. He said that Wyre Council’s policy does not require any energy efficiency measure in relation to householder applications for domestic extensions.

Councillors raised concerns over the proximity of the neighbouring property and windows.

Following discussion and a proposal by Councillor Higginson seconded by Councillor Amos, it was resolved to refuse the application as per the Officers recommendation for the following reason:

The two storey side extension to the eastern elevation of the subject property would be in close proximity to the eastern boundary adjacent to number 206a Breck Road. Given the excessive projection of the proposal beyond the front elevation and the overall resulting height, bulk and massing of the two storey side extension it would result in a harmful and detrimental overbearing impact on residential amenity. In particular the habitable rooms to the front of the property and the adjacent front garden area. As a consequence the proposal would have an unacceptable and harmful impact on residential amenity contrary with the provisions of Policy CDMP3 of the Wyre Local Plan, the Extending your Home Supplementary Planning Document and the provisions of the National Planning Policy Framework.

Proposed change of use from a dwelling (C3a) to a children's home (C2) for a maximum of two children and three carers, with two sleeping overnight including extension to existing driveway.

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

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 committee considered the update sheet, which contained an update written ministerial statement from the Department for Levelling Up, Housing and Communities which was acknowledged by officers.

The Planning Development Manager introduced the report. The application was for a proposed change of use from residential dwelling (Use Class C3) to a children's home (Use Class C2) for up to two children with a maximum of 2 carers staying overnight on a rota basis. He highlighted that there was an extension proposed to the existing driveway but no internal alterations proposed.

Matthew Kilcoyne spoke in objection to the application.

Councillors Lady D Atkins and Catterall asked questions of the speaker.

Peter Rothwell spoke in objection to the application.

Ailish Evans spoke in objection to the application.

Michelle Kozomara spoke in objection to the application.

Wyre Borough Councillor for Tithebarn ward, Lesley McKay, spoke in objectionto the application.

County Councillor for Poulton-le-Fylde, Alf Clempson, spoke in objectionto the application.

Councillor Kay declared a Non-Pecuniary Interest in that as a county councillor she was on the Corporate Parenting Board at Lancashire County Council.

Chris Paraskeva, acting as the applicant, spoke in favour of the application.

Councillors Lady D Atkins, Catterall and Preston asked questions of the speaker.

Wayne Lamb, in place of the agent, spoke in favour of the application.

Councillor Rimmer 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. With regards to the issue of need, he explained that there was a consultation taken on the guidance document for children’s homes but guided the committee to give very limited weight to that in view of its early stage in the process. He clarified that the applicant had confirmed the need for the development in accordance with the written ministerial statement. The Head of Planning and Regeneration considered that, absent any policy, the level of evidence of need required was satisfied.

The Head of Planning and Regeneration highlighted that a covenant in a title document was a private law matter and not a material planning consideration. He also acknowledged and responded to concerns raised about the nature character or conduct of the applicant and children.  He confirmed that the public perception and concern were material considerations in this case but that he considered them to be of limited weight.  He stated that in his view and as set out in the report there was no objectively justified evidence on these issues to meet the bar to amount to conflict with policy SP8 or to otherwise justify refusal.

Councillors raised the following questions/concerns over:

·         Garages

·         Temporary planning consent

·         Traffic

The Head of Planning and Regeneration  ...  view the full minutes text for item PA.14

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 (Re-submission of 21/01152/OULMAJ).

The application was brought before members for consideration as the application site fell primarily within an allocated site in the Wyre Local Plan and was of strategic importance. An application for a similar proposed development had been presented and determined by the Planning Committee in February 2023 and refused permission.

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 additional consultee responses which were acknowledged by officers.

The Senior Planning Officer introduced the report. The application was for the construction of up to 130 new residential dwellings, 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 site was located within Flood Zone 3 and a group Tree Preservation Order covered much of the western extent of the site. The application site formed part of the Hillhouse Technology Enterprise Zone which was allocated under SA4 of the Local Plan for the development of at least 13 hectares of employment development, 250 dwellings and other complementary commercial uses including a small retail store.

Peter Tooher, acting as the agent, spoke in favour of the application.

Councillors Amos, Stirzaker and Catterall asked questions of the speaker.

Councillors raised concerns over heating and education provision.

With regards to heating, the Head of Planning and Regeneration explained that it was a matter for the building control and regulations. He also said that he would invite the education department to a training session to allow members to receive clarification.

Councillor Amos proposed the recommendation to approve the application to the committee, and Councillor Raynor seconded the proposal. It was resolved to approve the application as per the Officers recommendation subject to the conditions set out below and subject to a section 106 legal agreement to secure onsite affordable housing and green infrastructure provision and financial contributions towards health care. That the Head of Planning and Regeneration be authorised to issue the decision upon the satisfactory completion of the S106 agreement.

Conditions: -

1.        In the case of any reserved matter, namely appearance, landscaping, layout and scale, an application for approval must be made before the expiration of three years beginning with the date of this permission; and that the development hereby permitted shall be begun not later than:  the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: This condition is required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.  ...  view the full minutes text for item PA.15