Agenda and minutes

Development Control Committee - Wednesday, 21st July, 2021 10.30 am

Members of the public are welcome to attend our meetings to watch them in person at any of the venues across the County. Publicly accessible meetings held in County Hall will be webcast, which means they are available to be watched live or recorded on our website. Please see our webcasting notice here. The Committee may, in certain circumstances, resolve to hold part of the meeting in private. If this is the case, you will be required to leave the meeting.

Venue: Council Chamber, County Hall, Preston. View directions

Contact: Cath Rawcliffe  Tel: (01772) 533380, Email:  cath.rawcliffe@lancashire.gov.uk

Media

Items
No. Item

1.

Apologies for absence

Minutes:

None received.

 

Temporary changes

 

County Councillor Hindle replaced County Councillor Dad.

 

County Councillor Clarke replaced County Councillor Kay.

2.

Disclosure of Pecuniary and Non-Pecuniary Interests

Members are asked to consider any Pecuniary and Non-Pecuniary Interests they may have to disclose to the meeting in relation to matters under consideration on the Agenda.

Minutes:

No pecuniary or non-pecuniary interests were disclosed.

3.

Minutes of the last meeting held on 16 June 2021 pdf icon PDF 312 KB

The committee are asked to agree that the Minutes of the last meeting held on 16 June 2021 be confirmed and signed by the Chair.

Minutes:

Resolved: That the minutes of the last meeting held on Wednesday 16 June 2021 be confirmed and signed by the Chair.

4.

Update Sheet

The Update Sheet will be considered as part of each related agenda report.

 

Additional documents:

Minutes:

The Update Sheet and Addendum Update Sheet were circulated prior to the meeting (copies attached).

5.

West Lancashire Borough: application number LCC/2021/0027 Construction of a new access track to provide safe access to water area East Quarry, Appley Lane North, Appley Bridge, Wigan pdf icon PDF 274 KB

Additional documents:

Minutes:

A report was presented on an application for the construction of a new access track to provide safe access to the water area at East Quarry, a disused sandstone quarry off Appley Lane North, Appley Bridge, Wigan.

 

It was reported that mineral extraction operations had been completed in the late 1980's but that the quarry had since flooded to a considerable depth. Although the quarry had security fencing around the majority of it's boundary to prevent unauthorised access, it had become attractive to trespassers as a location for swimming and 'tombstoning', especially during warmer periods in the summer.

 

The construction of the track was required so that the landowner could pump the water out of the quarry in order to address the public safety and amenity issues in the local area. The current ramp was very steep and narrow and the access route was considered by the applicant to be unsuitable for purpose under the Health and Safety at Work Act.

 

Committee noted that the application raised a number of issues including the requirement for the ramp and the local environmental impacts arising from its construction including ecology, highways and residential amenity.

 

The report included the views of Ecology Advice (Jacobs Ltd), LCC Highways Development Control, Lancashire Fire and Rescue (Skelmersdale Fire Station) and details of 42 representations received comprising 30 objections and 12 letters of support.

 

The Development Management Officer presented a Powerpoint presentation showing an aerial view of the site, site access and the location of the proposed ramp and illustrations of the applicant's proposals.

 

The Officer drew attention to the Update Sheet which contained consultation responses from West Lancashire Borough Council (objecting to the application), the Environment Agency (no objection to the application) and Shevington Parish Council who had requested a deferment in order to allow them more time to consider the application. In addition, the Update Sheet contained details of a further 106 representations objecting to the application, a further 3 letters of support and a letter from County Councillors Bailey and Fillis and Borough Councillor Juckes.

 

The Addendum Update Sheet provided details of further consultation responses and representations including 24 further objections.

 

Councillor Katie Juckes, West Lancashire Borough Council addressed the Committee and disclosed a declaration of interest as she was currently in a legal dispute with Maybrook Investments. Councillor Juckes made the following points:

 

·  the application should have been heard by West Lancashire Borough Council.

·  the problems with the quarry were dividing the community as a result of false promises within the application.

·  No application for an Environmental permit had been made and clarification was sought on this.

·  The application stated that the proposed ramp would reach the existing track; Councillor Juckes said there was no evidence to support this.

·  A further investigation was required as detailed in West Lancashire Borough Council's response, prior to a decision being made.

·  Councillor Juckes accepted that the quarry presented a real danger and suggested this could be resolved by the applicant providing a secure fence around the  ...  view the full minutes text for item 5.

6.

Pendle Borough: application number LCC/2021/0017 Construction of three buildings and three kiosks at Burnley Wastewater Treatment Works, off Barden Lane, Woodend Road, Burnley pdf icon PDF 521 KB

Additional documents:

Minutes:

A report was presented on an application for the construction of three buildings and three kiosks at Burnley Wastewater Treatment Works, off Barden Lane, Woodend Road, Burnley.

 

The proposed development was part of a wider programme of upgrading works that was necessary to enable compliance with an enhanced effluent discharge consent for phosphorous, as set by the Environment Agency, as well as to increase the treatment capacity of the works to cater for predicted population growth in the catchment area to 2035. Much of the upgrade work was to be carried out under sewerage undertaker permitted development rights and planning permission is only required for three buildings and three kiosks.

 

The report included the views of Reedley Hallows Parish Council, the Coal Authority, the Environment Agency and The Wildlife Trust for Lancashire, Manchester and North Merseyside and details of 7 objections.

 

The Development Management Officer presented a Powerpoint presentation showing an aerial view of the site and the nearest residential properties, site layout and the typical building design of a Biomag building. In addition, Committee were shown a diagram of where replacement woodland planting would be located and photographs of the location for the detention tank kiosk, the Biomag building, the Biomag complex and the sludge thickening building polymer dosing kiosk.

 

The Officer drew attention to the Update Sheet which provided further consultation responses and details of revisions to Conditions 2 and 4, following revised drawings being submitted by the applicant.

 

It was reported that, although the application site was located in the Green Belt, in this instance, there was clear justification to construct these buildings and kiosks within an existing wastewater treatment facility, as part of wider upgrading works. Furthermore, the aim of the proposed development was to be able to accommodate population growth and changes to local wastewater management, and to tighten final effluent standards to contribute towards improved river water quality. On this basis, it was considered that very special circumstances existed to justify the development within the Green Belt. Committee were informed there would be no extension to the boundary of the works and therefore no additional encroachment in the Green Belt.

 

County Councillor Potter asked whether the trees to be planted would provide adequate replacement screening. It was confirmed that the material generated from the works would be used to create mounds and that trees and shrubs would be planted on the mounds. Some of these would be saplings as these usually fared better than planting larger trees. There would be a management period to show the trees had reached maturity and contributed towards the landscape.

 

Resolved: That subject to the amendments to Conditions 2 and 4 as set out in the Update Sheet at Item 4 of the agenda, planning permission be granted, subject to conditions controlling working programme, building materials and construction working hours, as set out in the Committee report.

7.

West Lancashire Borough: application number LCC/2021/0022 Formation of a multi-use games area - West Lancashire Community High School, School Lane, Chapel House, Skelmersdale pdf icon PDF 249 KB

Additional documents:

Minutes:

A report was presented on an application for the formation of a multi-use games area at West Lancashire Community High School, School Lane, Chapel House, Skelmersdale.

 

It was reported that the proposed multi-use games area was required to address a short fall of hard play area, which limited the amount of outdoor physical education and sports/games that could take place. The playing fields could not be used for most of the year as they were waterlogged and took a long time to dry out to a usable standard. The multi-use games area would provide additional hard play area and encourage pupils to participate

in more outdoor activities. The facility would also be available to neighbouring schools and the local community.

 

The report included the views of West Lancashire Borough Council, the Coal Authority, LCC Highways Development Control, Lead Local Flood Authority, Sport England and United Utilities, and details of 5 representations received comprising 4 objections and one letter of support.

 

The officer drew attention to the Update Sheet which contained confirmation from Sport England that their objection to the application had been withdrawn, following further information being submitted to them in relation to the need for the games area, the parking issues and the issues with the current playing field. Committee were informed that this would remove the requirement to refer the application to the Secretary of State.

 

The Development Management Officer presented a Powerpoint presentation showing an aerial view of the application site, the nearest residential properties and proposed multi-use games area, path and gates. The Committee were also shown photographs of the site, the view from the nearest houses on School Lane and the existing multi-use games area which was currently used as a car park.

 

County Councillor Cullens asked whether any mitigations would be put in place to camouflage the multi-use games area at each end in order to deflect noise to the local residential areas. It was reported that the current playing field was also used by the local community and that the multi-use games area would have fencing surrounding it to reduce noise levels and that it was a fair distance to the nearest residential properties.

 

In response to CC Cullens' question about the working hours, it was confirmed that the school had requested the specified opening hours. Sport England had asked for a Scheme to be submitted on how the site could be accessed and controlled including hours of use and how the school would control access out of school hours.

 

County Councillor Potter had noted that the games area would be open until 8.00pm but that no floodlighting had been proposed which would restrict use in the winter months. It was reported that the school wanted to maximise the use of the multi-use games area over the summer.

 

Resolved: That subject to the additions of Conditions 8 and 9 as set out in the Update Sheet at Item 4 of the agenda, planning permission be granted, subject to conditions controlling time limits,  ...  view the full minutes text for item 7.

8.

Planning decisions taken by the Head of Planning and Environment in accordance with the County Council's Scheme of Delegation pdf icon PDF 193 KB

Minutes:

It was reported that, since the last meeting of the Committee on 16 June 2021, the following decisions had been taken by the Head of Planning and Environment, in accordance with the County Councils Scheme of Delegation to Chief Officers:

 

Lancaster

 

Ellel Quarry, Bay Horse Road, Lancaster - compliance with condition 27 - scheme of archaeological research.

 

South Ribble

 

Blackburn Waste Water Treatment Works, Cuerdale Lane, Samlesbury, Preston - compliance with condition 7 of permission LCC/2020/0016 - details and designs of the drainage ponds and associated drains ditches and outfalls.

 

Plot 3.3, Badger Road, Lancashire Business Park, Leyland - erection of new class B2/B8 industrial unit with ancillary class e first floor office/flexible use storage mezzanine and associated car parking, servicing areas, refuse storage, landscaping, vehicular access point and other private highway works.

 

Burnley

 

Brunshaw School, Morse Street, Burnley - two temporary single storey modular buildings consisting of two classrooms per unit with a connecting level landing between the buildings.

 

Deerplay Landfill Site, Bacup Road, Cliviger, Burnley - proposed netted tipping bay for the transfer of waste and the installation of two portacabins for the duration of landfilling and associated activities.

 

Resolved: That the report be noted.

9.

Urgent Business

An item of urgent business may only be considered under this heading where, by reason of special circumstances to be recorded in the Minutes, the Chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.  Wherever possible, the Chief Executive should be given advance warning of any Member’s intention to raise a matter under this heading.

Minutes:

There were no items of Urgent Business.

10.

Date of Next Meeting

The next meeting of the Development Control Committee will be held on Wednesday 8 September 2021 at 10.30am in Committee Room B - the Diamond Jubilee Room, County Hall, Preston.

Minutes:

Resolved: That the next meeting of the Committee be held on Wednesday 8 September 2021 at 10.30am.