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 6 December 2023.

The minutes of the meeting of the Planning Committee held on Wednesday 6 December 2023 were confirmed as a correct record by those who were in attendance.

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

The committee noted the Schedule of Appeals lodged and decided between 15 November 2023 and 15 December 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:

Construction of new driveway and vehicular access with dropped kerb onto Smithy Lane.

The application was brought before members for consideration at the request of Councillor Robinson who cited that the creation of a new driveway in front of the applicant's house would improve visibility from the main cul-de-sac junction and it would prevent cars parking on the pavement.

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 the officer responses to the revised National Planning Policy Framework (NPPF) and amendments to the report and reason for refusal.

The Planning Development Manager introduced the report. The application was for the construction of a new driveway and vehicular access with dropped kerb onto Smithy Lane. He highlighted that the surrounding area was residential in character.

Wyre Borough Councillor for Hambleton & Stalmine ward, Julie Robinson, spoke against the officer recommendation.

Mark Evans, acting as the applicant, spoke in favour of the application.

Councillor Fielding asked a question of the speaker.

The Head of Planning and Regeneration clarified that the members were granting permission for the driveway area and there would be no suitable conditions capable of controlling the number vehicles using it.

Councillor Rimmer highlighted that the parking space at the rear of the property was very narrow with no opportunity for off-site parking.

Councillor Catterall believed a driveway would be more suitable than parking on the road.

Councillor Higgs did not consider Smithy Lane to be very busy and dangerous to pedestrians and other road users.

Councillor Belshaw proposed the recommendation, and Councillor Higginson seconded the proposal. A vote was carried out and the motion was lost.

Following discussion, it was proposed by Councillor Rendell, to grant full planning permission in principle for the development as proposed, subject to appropriate conditions addressing time and plans and that the Head of Planning & Regeneration be authorised (i) in consultation with the Chair, to agree the details of those conditions, and (ii) to issue the planning permission subject to those detailed conditions. The reasons for the proposal were that, contrary to the officer recommendation, it was considered that:

·       It did not have an unacceptable impact on highway safety; and

·       The proposal complied with Local Plan Policy CDMP6 and paragraph 115 of the National Planning Policy Framework (NPPF).

The proposal was seconded by Councillor Amos and the motion was carried.

Proposed erection of 40 dwellings with associated landscaping, car parking and infrastructure works (Phase 3(c)).

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.

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 the officer responses to the revised NPPF, additional consultee responses, additional public representations and amendment to house types and plans. The update sheet also contained a change to proposed conditions 2, 7, 11 and an additional proposed condition (condition 26) on archaeology.

The Planning Development Manager introduced the report. The application was for the proposed erection of 40 dwellings with associated landscaping, car parking and infrastructure works (Phase 3(c)). He highlighted that the application site formed part of a housing allocation (SA1/2 Lambs Road/Raikes Road) in the Wyre Local Plan 2011-2031.

Councillor Rimmer raised questions regarding Highways. The Head of Planning and Regeneration highlighted that the access was via the internal road network, therefore, the council sought the views of the most appropriate highway authority, Lancashire County Council, on this application. The Planning Development Manager confirmed that they had recently re-consulted with Lancashire County Council Highways who were satisfied that the assessments submitted with the applications were accurate. He explained that the impacts of the traffic on the Highway Network had already been considered and the mitigation measures were already in place owing to approvals for previous phases of wider masterplan site.

Councillor Higginson raised concerns over highways, flooding and infrastructure.

Councillor Raynor asked a question concerning flooding. The Planning Development Manager explained that the agent had sent more information since the agenda was published, however, Lancashire County Council still had concerns over how the surface water for highway drainage was going to be managed and maintained. He highlighted that, within conditions 13 and 14, full details of management and maintenance of all surface water and drainage systems needed to be submitted and that the conditions dealt with the concerns raised.

Councillor Fielding raised concerns over flooding. The Head of Planning and Regeneration clarified that the application site was not within Flood Zone 2 or 3.

Councillor Rimmer asked a question regarding infrastructure.The Head of Planning and Regeneration explained that a S106 agreement was a legal agreement between the developer and appropriate infrastructure provider, however, in relation to health infrastructure and the integrated care board, the S106 agreement was with Wyre Borough Council.

Councillor Lady Atkins proposed the recommendation to approve the application to the committee, and Councillor Amos seconded the proposal. It was resolved to approve the application as per the Officers recommendation, with amendments to conditions 2, 7, 11 and an additional condition (condition 26), subject to the conditions set out below and subject to a S106 legal agreement to secure on-site affordable housing (30%) and  ...  view the full minutes text for item PA.52

Proposed re-siting of a shipping container to use as short stay café.

The application was brought before members for consideration at the request of Councillor Collinson who cited concerns in relation to residential amenity and anti-social behaviour.

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 the officer responses to the revised NPPF.

The Planning Officer introduced the report. The application was for the proposed re-siting of a shipping container to use as short stay café. She highlighted that the application site was within the countryside as defined in the Wyre Local Plan 2011-2031.

Wyre Borough Councillor for Garstang ward, Alice Collinson, spoke in favour ofthe officer recommendation.

Councillor Rimmer asked a question of the speaker.

Councillor Fielding highlighted that the café might not be the cause of anti-social behaviour.

Councillor Lady Atkins and Catterall raised concerns over the location.

Councillor Higgs believed the location was effective in achieving its intended purpose.

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

1.      The application site was located in the countryside, which was protected for its open and rural character. The proposal, by way of its detached position, would lead to a detrimental impact upon the rural character of the area. The application had not demonstrated that the proposed siting of the shipping container was reasonably necessary in this location and, owing to the shipping container being relocated from a nearby layby, fails to determine that the proposal was necessary for the expansion of an existing business. The proposal would therefore represent an unjustified and unnecessary structure in this location within the countryside and was detrimental to the surrounding area. This would be contrary to Policies CDMP3, SP4 and EP8 of the Adopted Wyre Local Plan and the overarching aims and objectives of the NPPF.

2.      Woodfold Lane was an unlit rural road, subject to national speed limits with no pedestrian footpath and the proposed location of the shipping container would result in customers exiting the café directly onto the carriageway. This would result in an unacceptable risk to pedestrians and also to vehicles, particularly during hours of darkness owing to there being no street lighting. As a consequence the proposal would result in a detrimental impact to highway safety and was contrary to Policy CDMP6 of the Wyre Local Plan (2011-2031) and the provisions of the National Planning Policy Framework.