Agenda and minutes

Development Control Committee - Wednesday, 20th July, 2022 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: Committee Room 'B' - The Diamond Jubilee Room, County Hall, Preston. View directions

Contact: Samantha Gorton  Tel: (01772) 532471, email:  sam.gorton@lancashire.gov.uk

Media

Items
No. Item

1.

Apologies for absence

Minutes:

Apologies for absence were received from County Councillor Dad and County Councillor Pattison.

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 8 June 2022 pdf icon PDF 211 KB

The committee are asked to agree that the Minutes of the last meeting held on 8 June 2022 be confirmed and signed by the Chair.

Minutes:

Resolved: That the minutes of the last meeting held on Wednesday 8 June 2022 be confirmed and signed by the Chair.

4.

Update Sheet pdf icon PDF 110 KB

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

 

Minutes:

The Update Sheet was circulated prior to the meeting (copy attached).

5.

West Lancashire Borough: application number LCC/2022/0016 Variation of conditions 2, 3, 4, 5, 7, 21 and 25 of planning permission LCC/2014/0008 to allow extension of the approved mineral working area. Ravenhead Quarry, Chequer Lane, Upholland pdf icon PDF 294 KB

Additional documents:

Minutes:

A report was presented on an application for the variation of conditions 2, 3, 4, 5, 7, 21 and 25 of planning permission LCC/2014/0008, to allow an extension of the approved mineral working area at Ravenhead Quarry, Chequer Lane, Upholland. Committee noted that this would extend the duration of quarrying activities by approximately a further two years and would permit quarrying operations in an area to the south of the existing quarrying activities.

 

The report included the views of Upholland Parish Council, LCC Ecology Service, the Environment Agency, LCC Highways Development Control and the Health and Safety Executive. Eight representations had been received objecting to the application and one letter of support.

 

Committee's attention was drawn to the Update Sheet which included updated comments from the Health and Safety Executive and Natural England, proposed amendments to condition 1 and a proposed additional condition.

 

The Development Management Officer presented a Powerpoint presentation showing the site location plan, proposed quarry extension and areas of working, an aerial view of the site and nearest residential properties, restoration masterplan, proposed cross sections to expose rock face and photographs of existing quarrying operations and the area of the quarry to be extended.

 

Mr Alistair Hoyle, agent for the applicant, addressed the Committee and made the following points:

 

The proposal represented a small extension to the existing extraction area, which was entirely within the limits of the existing quarry and within the current planning permission boundary. The reserves from the consented area had been exhausted and a variation to the planning conditions to allow an additional small area of extraction would ensure continuity of operations for approximately two years. All existing environmental controls would continue to apply and care had been taken to ensure the established wooden belt along the southern boundary of the site was not impacted. No additional vehicle movements would be required for the proposal. The existing planning permission did not require restoration of the quarry until 2043; the applicant had worked with the local planning authority to offer a much shorter timescale for the restoration of the current and proposed extraction areas, ensuring restoration of the main quarry would be completed within four years, from the date of the commencement of extraction in the new extraction area. The proposal would enable the continued and adequate supply of minerals at an existing and well-established site for use within the local area and all impacts would continue to be strictly controlled.

 

County Councillor Holgate referred to Upholland Parish Council's comment in relation to seeking assurance that the applicant had complied with the requirements of land restoration. It was reported that a number of conditions had been imposed that would require a final scheme for restoration to be submitted and agreed.

 

County Councillor Pope referred to the part of the report which stated …' The applicant has indicated that completion of extraction in the proposed Phase 3 area is likely to be followed by restoration of the whole site …' and sought assurance  ...  view the full minutes text for item 5.

6.

Wyre Borough: application number LCC/2022/0018 Provision of multi-use games area and associated 3m high perimeter fencing and connecting pathway. Manor Beach County Primary School, Manor Drive, Thornton-Cleveleys pdf icon PDF 364 KB

Additional documents:

Minutes:

A report was presented on an application for the provision of a multi-use games area (MUGA), with associated 3m high fencing and connecting pathway at Manor Beach County Primary School, Manor Drive, Thornton-Cleveleys. The proposed multi-use games area (MUGA) would measure 30 metres by 15 metres. 

 

The report included the views of Wyre Council, LCC Highways, Sport England, United Utilities and the Environment Agency. Two representations had been received objecting to the application, the details of which were provided in the report.

 

Committee's attention was drawn to the Update Sheet which referred to the Flood Risk Assessment and Drainage Strategy being provided to United Utilities, following their comments around the requirement for a surface water  drainage scheme.

 

The Development Management Officer presented a Powerpoint presentation showing a site location plan, an aerial view of the site and the nearest residential properties, a proposed site plan including the proposed multi-use games area, details of the proposed fencing and photographs of the view of houses on Palatine Road from the site and the adjacent car park to the south of the site.

 

A discussion took place around the proposed hours of working and it was noted that the multi-use games area would not be brought into use until a scheme for community use of the facility had been submitted to and approved in writing by the County Planning Authority.

 

Resolved: That planning permission be granted subject to conditions controlling construction traffic management, materials, surface water drainage and community use scheme.

 

7.

Burnley Borough: application number LCC/2022/0025 Variation of conditions 1, 3, 10, 27, 28 and 29 of planning permission 12/06/0959 to allow landfilling to continue to 31 December 2032 and site to be restored by 31 December 2033 at Deerplay Landfill Site, Bacup Road, Cliviger pdf icon PDF 357 KB

Additional documents:

Minutes:

This Item and Item 8 were discussed together as both related to applications at Deerplay Landfill Site.

 

Reports were presented on the following applications in relation to Deerplay Landfill Site, Bacup Road, Cliviger:

 

(i)  An application for the variation of conditions 1, 3, 10, 27, 28 and 29 of planning permission 12/06/0959, to allow landfilling to continue to 31 December 2032 and the site to be restored by 31 December 2033.

 

(ii)  A retrospective application for the retention of perimeter litter fencing at the site.

 

The report on the proposed variation of conditions included the views of Burnley Borough Council, Cliviger Parish Council, LCC Highways Development Control, the Coal Authority, LCC Ecology Service, the Environment Agency, LCC Landscape Service and the Lead Local Flood Authority. Three representations had been received, the details of which were provided in the report.

 

The report on the retention of perimeter litter fencing included the views of Burnley Borough Council and Cliviger Parish Council. One representation had been received, the details of which were provided in the report.

 

The Development Management Officer presented a Powerpoint presentation showing a location plan and aerial view of the site and the nearest residential properties and information on existing and proposed levels, final restoration and litter netting. Photographs were also provided of the litter netting, site access, site compound looking into the landfill area, the active landfilling area, remaining void space and Long Shay Farm House and Cottage.

 

It was reported that notwithstanding the benefits of allowing a continuation of landfilling at the site, a balance needed to be struck to ensure the site was restored at the earliest opportunity, whilst appreciating that neighbouring residents have had to endure long periods of general disruption, along with uncertainties around prolonged temporary closure.

 

Committee noted that local residents and the Lancashire County Council Landscape advisor had proposed that any time extension should be limited to five years. However, it had been considered by officers that such a short timescale would not allow sufficient waste to be imported to achieve a landform that would be satisfactory in pollution control terms and that a time extension of seven years until 2029 (rather than 2032 as requested by the applicant) would give sufficient time for the site operator to focus on achieving the approved levels based on realistic inputs. Should the approved levels not be fully achieved by this time, it was noted they should still be sufficient to achieve a satisfactory landform. 

 

In relation to the perimeter litter fencing, it was proposed to amend the date in Condition 1 to 31 December 2029, to tie in with the proposed seven year extension to enable landfilling to continue on the site.

 

Mr Alistair Hoyle, agent for the applicant, addressed the Committee and made the following points:

 

The time extension had been requested as the site had not been filled within the timescale previously envisaged. Appropriate provision needed to be made at all levels of the waste hierarchy, including the safe and effective  ...  view the full minutes text for item 7.

8.

Burnley Borough: application number LCC/2022/0026 Retrospective application for retention of perimeter litter fencing at Deerplay Landfill Site, Bacup Road, Cliviger pdf icon PDF 290 KB

Minutes:

Please see Item 7.

9.

Burnley Borough: application number LCC/2022/0029 Change of use to a waste transfer station for sorting and bulking of skip waste. Thorney Bank Industrial Estate, Burnley Road, Hapton
pdf icon PDF 243 KB

Additional documents:

Minutes:

A report was presented on an application for a change of use to a waste transfer station for the sorting and bulking of skip waste at Thorney Bank Industrial Estate, Burnley Road, Hapton.

 

The report included the views of Burnley Borough Council, including a separate response from the Environmental Health Officer, Hapton Parish Council, the Coal Authority, the Environment Agency and LCC Highways Development Control. Two representations had been received, the details of which were provided in the report.

 

Committee's attention was drawn to the Update Sheet which included details of an additional 15 representations objecting to the application.

 

The Development Management Officer presented a Powerpoint presentation showing location plans and an aerial photograph of the application site, nearest residential properties and the building to be used for waste transfer use,  and photographs of the yard area (empty skip storage), waste transfer building and access to the industrial estate.

 

County Councillor Hosker addressed the Committee and made the following points:

 

Hapton Parish Council had contacted County Councillor Hosker expressing disappointment at the application due to concerns about environmental and health issues including nuisance, noise and odours. County Councillor Hosker's main concern was the safety impact on local residents, many of them being over 70 years old, due to the increase in HGV traffic on Burnley Road, an area which had seen 2 fatalities in recent years. Committee were urged to consider all these issues and the close proximity of the site to residential dwellings. Local residents had informed Hapton Parish Council that they had not been properly notified about the application. It was pointed out that the area had a 30mph speed limit and there was a current fly-tipping problem.

 

Committee were informed that the statutory consultation had been carried out through 3 methods; a press notice, two site notices and letters to the nearest residents. The representations received had mainly been from residents living in Hapton village which was quite a distance from the application site. All site activities would take place in the building itself so it was not considered that these residents would be adversely affected.

 

County Councillor Pope referred to the concerns of the Burnley Borough Council Environmental Health Officer stating that planning permission should be subject to a condition requiring a scheme of works to prevent the egress of dust and odour via the party wall. In addition, County Councillor Pope also stated that the requirement for an Environmental Permit should be included within the planning conditions.

 

Committee were informed that previous site use was for sandblasting and painting skips which had generated noise and odour issues through the doorway between the application site and the adjacent units. The doorway had since been properly enclosed and sealed, thereby eliminating any noise and odour issues. It was reported that the applicant had been advised to contact the Environment Agency to apply for an Environmental Permit. Planning guidance stated that planning conditions should not interfere with the permitting process; the requirement for an Environmental Permit  ...  view the full minutes text for item 9.

10.

Fylde Borough: application number LCC/2022/0030 Continuation of sand winning, including the winning and working of sand from the foreshore, exportation of sand off site and the retention of associated infrastructure including site access, secure compound and stockpiling area. Land at St Annes Foreshore, Clifton Drive North, Lytham St Annes pdf icon PDF 119 KB

Additional documents:

Minutes:

A report was presented on an application for the continuation of sand winning, including the winning and working of sand from the foreshore, exportation of sand off site and the retention of associated infrastructure including site access, secure compound and stockpiling area on land at St Annes Foreshore, Clifton Drive North, Lytham St Annes.

 

It was reported that the application was for a continuation of sand extraction from the beach at St Annes for a further 15-year period and was subject to a number of planning constraints and raised a range of environmental issues. It was therefore considered that members of the Committee should visit the site before considering the application.

 

Resolved: That the Committee visit the site before determining the application.

 

11.

Planning decisions taken by the Head of Planning and Environment in accordance with the County Council's Scheme of Delegation pdf icon PDF 192 KB

Minutes:

It was reported that, since the last meeting of the Development Control Committee on 8th June 2022, four planning applications had been granted planning permission by the Head of Planning and Environment, in accordance with the county council's Scheme of Delegation.

 

Resolved: That the report be noted.

12.

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.

13.

Date of Next Meeting

The next meeting of the Development Control Committee will be held on Wednesday, 7 September 2022 at 10.30 am in Committee Room B - the Diamond Jubilee Room, County Hall, Preston.

Minutes:

Resolved: That the next meeting of the Committee be held on Wednesday 7th September 2022, at 10.30am in Committee Room B – The Diamond Jubilee Room, County Hall, Preston.