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Development Control Committee Town Hall, St Annes,4 July 2007, 9.30a.m.

This meeting is open to the Public

Meeting Agenda

Membership Development Control Committee

CHAIRMAN - Dr Trevor Fiddler VICE-CHAIRMAN - Janine Owen

Councillors Ben Aitken Councillors George Caldwell

Michael Cornah Barbara Douglas Richard Fulford-Brown Albert Pounder William Thompson John Bennett Kevin Eastham Howard Henshaw Peter Hardy Linda Nulty Barbara Pagett Heather Speak

Contact: Lyndsey Lacey, St. Annes (01253) 658504, Email: [email protected]

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CORPORATE OBJECTIVES

The Council’s investment and activities are focused on achieving our five keyobjectives which aim to :

Conserve, protect and enhance the quality of the Fylde natural andbuilt environment

Work with partners to help maintain safe communities in whichindividuals and businesses can thrive

Stimulate strong economic prosperity and regeneration within a diverseand vibrant economic environment

Improve access to good quality local housing and promote the healthand wellbeing and equality of opportunity of all people in the Borough

Ensure we are an efficient and effective council.

CORE VALUES

In striving to achieve these objectives we have adopted a number of keyvalues which underpin everything we do :

Provide equal access to services whether you live in town,village or countryside,

Provide effective leadership for the community, Value our staff and create a ‘can do’ culture, Work effectively through partnerships, Strive to achieve ‘more with less’.

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A G E N D A

PART I - MATTERS DELEGATED TO COMMITTEE

ITEM

PAGE

1. DECLARATIONS OF INTEREST: In accordance with the Council’s Code of Conduct, members are reminded that any personal/prejudicial interests should be declared as required by the Council’s Code of Conduct adopted in accordance with the Local Government Act 2000.

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2. CONFIRMATION OF MINUTES: To confirm as a correct record the minutes of the Development Control Committee meeting held on 13 June 2007 (previously circulated).

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3. SUBSTITUTE MEMBERS: Details of any substitute members notified in accordance with council procedure rule 26.3

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4. DEVELOPMENT CONTROL MATTERS AS NUMBERED

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Development Control Committee Index 04 July 2007

Item No:

Application No:

Location/Proposal Recomm. Page No.

1 06/0958 THE SHIELING, CARTFORD LANE, LITTLE

ECCLESTON, PRESTON Grant 3

REPLACEMENT DWELLING

2 07/0373 23 CROSBY ROAD, ST ANNES, LYTHAM ST ANNES, FY8 3AD

Grant 10

PROPOSED TWO STOREY SIDE EXTENSION, SINGLE STOREY REAR EXTENSION & DETACHED GARAGE.

3 07/0418 101 WESTBY STREET, LYTHAM, LYTHAM

ST ANNES, FY8 5 Grant 15

REPLACEMENT OF EXISTING SINGLE STOREY REAR EXTENSION AND REPLACEMENT WITH TWO STOREY REAR EXTENSION

4 07/0434 CROPPER FARM, CROPPER ROAD,

MARTON, BLACKPOOL Refuse 20

CHANGE OF USE OF LAND FOR THE SITING OF A RESIDENTIAL MOBILE HOME - RETROSPECTIVE

5 07/0445 2 BEACH STREET, LYTHAM, LYTHAM ST

ANNES Grant 28

RESUBMISSION OF APPLICATION 06/1015 FOR REMOVAL OF TWO STOREY REAR EXTENSION, ERECTION OF SINGLE STOREY REAR EXTENSION TO FORM KITCHEN AND ASSOCIATED ALTERATIONS AND MODIFICATIONS

6 07/0446 2 BEACH STREET, LYTHAM, LYTHAM ST

ANNES Grant 34

LISTED BUILDING CONSENT FOR REMOVAL OF TWO STOREY REAR EXTENSION, ERECTION OF SINGLE STOREY REAR EXTENSION TO FORM A KITCHEN, ASSOCIATED ALTERATIONS AND MODIFICATIONS AND INTERNAL WORKS TO FORM A FIRST FLOOR BATHROOM AND CORRIDOR

7 07/0473 LAND TO THE SOUTH OFF MYTHOP ROAD,

MYTHOP ROAD, WEETON, PRESTON Grant 39

ERECTION OF NEW BUILDINGS FOR A NEW HORSE BREEDING AND TRAINING FACILITY. ALSO ENABLING WORKS INCLUDING HIGHWAY ALTERATIONS (RESUBMISSION OF APPLICATION 06/0695)

8 07/0523 FORMER SHIP & ROYAL GARAGE,

PLEASANT STREET, LYTHAM, LYTHAM ST ANNES

Grant 48

CHANGE OF USE OF UNITS 1,2,AND 3 FROM A1 RETAIL TO A3 CAFE/RESTAURANT. (AMENDMENT TO APPROVED APPLICATION 04/1216).

9 07/0555 SUNBEAM, BRADSHAW LANE,

GREENHALGH, KIRKHAM Grant 53

REPLACEMENT DWELLING AND NEW GARAGE (RESUBMISSION OF 06/0525)

10 07/0612 RECREATION LAND ON PARK VIEW ROAD,

PARK VIEW ROAD, LYTHAM, LYTHAM ST ANNES

Grant 59

INSTALLATION OF A NEW PIECE OF PLAY EQUIPMENT.

Development Control Committee Schedule 04 July 2007

Item Number: 1 Committee Date: 25 April 2007 Application Reference: 06/0958

Type of Application: Full Planning

Permission Applicant:

Mr Gaughan Agent : Chris Hewitt Architect Ltd

Location:

THE SHIELING, CARTFORD LANE, LITTLE ECCLESTON, PRESTON

Proposal:

REPLACEMENT DWELLING

Parish: Little Eccleston with Larbreck

Area Team: Area Team 2

Weeks on Hand: 34

Case Officer: Mrs C Kitching

Reason for Delay:

In order to seek design improvements

Summary of Recommended Decision: Grant Summary of Officer Recommendation The main issues for consideration in this application are contained within Policy HL2 of the Fylde Borough Local Plan. It is considered that the proposal would not have a detrimental impact upon the amenities of the street scene nor the nearby residential properties and will meet the criteria laid down in the policy. It is recommended Members grant planning permission subject to standard conditions. Reason for Reporting to Committee As significant local objection to the proposal has been received Site Description and Location This Dwelling plot contains a large detached property situated within the settlement of Little Eccleston. The site is situated at the bend in Cartford Lane on the east side of the road and is surrounded by other residential properties. There are mature gardens to the front sides and rear of the dwelling Details of Proposal Proposed replacement dwelling with integral garage. The floor area would be similar to the existing. Relevant Planning History Application No. Development Decision Date 05/0155 FIRST FLOOR SIDE EXTENSION, FRONT EXTENSION,

DORMERS TO FRONT, DORMER TO REAR AND SINGLE STOREY REAR EXTENSION

Granted 27/04/2005

89/0850 EXTEND DRIVE TO MAKE NEW ENTRANCE/EXIT ERECT NEW GARAGE CONVERT OLD GARAGE CLOSE OLD ENTRANCE/EXIT

Granted 28/02/1990

Relevant Planning Appeals History None Parish Council Observations Little Eccleston with Larbreck Parish Council Summary of Response No objection however express the following concerns regarding highway safety: The property is located at a bend in Cartford Lane and therefore there are concerns regarding the siting of vehicles during construction. This is a busy, narrow lane with no pavement and concerns were raised at the October Parish Council Meeting regarding both pedestrian and vehicular safety. These issues have also been raised with LCC. It would be impossible for the Little Eccleston hamlet to continue to function if vehicles, of any type, were parked anywhere along Cartford Lane. The Council would therefore like a stipulation that vehicles are parked on the property's land e.g. the front garden. There is also reference made to the "partial removal of the metal fence fronting Cartford Lane and its replacement in a new location". This fence is owned, as far as we are aware, by LCC and it is in a style appropriate to its location ie it can be seen through which again indicates the sharpness of the bend in the road. The Council trusts you will take these issues into consideration during your deliberation. Statutory Consultees County Highway Authority Sight lines are poor in both directions. If the existing fence is removed and no planting

obstructing visibility and the tree on the north side of the access is removed, highway safety should be improved to some extent.

Local Plans - Tree Officer If the sycamore tree is removed, two replacement trees close to the road would be

welcomed Observations of Other Interested Parties None received Neighbour Observations Neighbours initially notified: 06 November 2006 Amended plans notified: 17/5/07 No. of Responses Received: Letters from six nearby residents Nature of comments made: • Poor visibility should be improved for highway safety • Design overly large and dominant for the plot and in the street

Relevant Planning Policy

Joint Lancashire Structure Plan: JSP1 General Policy JSP5 Development outside of principal area, main towns and key service centres Fylde Borough Local Plan: SP1 Development within settlements HL02 Development control criteria for new housing proposals EP14 Conservation trees & woodland TR9 Car parking within new developments Other Relevant Policy: PPS1: Delivering Sustainable Development Site Constraints Within settlement area Environmental Impact Assessment This development does not fall within Schedule I or II of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended. Comment and Analysis This application is to be adjudged against the criteria laid down in Fylde Borough Local Plan Policy HL2, which relates to development for housing development which says permission will only be granted where the development would be in keeping with the character of the locality in terms of scale, space around buildings, materials and design. Although the street is not within a Conservation Area it is visually distinctive and it is important that a replacement dwelling fits into the area in terms of siting and overall massing in the street scene. The visual character of Cartford Lane is quite remarkable in that there are great differences in scale of buildings, space around buildings, materials and designs. Such a variety does give considerable scope for a building of a design and scale that is quite different to others on Cartford Lane. However, it is considered important that the open nature of this corner plot is maintained. The application proposes a large detached dwelling in an "arts and crafts" style with a steeply pitched sweeping roof. To reduce the inappropriate visual impact of the original plans it was suggested that the house frontage should not be significantly forward of the existing dwelling’s frontage, or, be so arranged that the majority of the frontage does not seem to disregard the building line that contributes to Little Eccleston’s rural village character. The siting and design as originally submitted was considered to have too much of an impact on the street scene. Following extensive discussions between the applicant's architect and the Design Panel, a revised scheme has been submitted which overcomes the officer's concerns by chamfering the corner of the proposed dwelling. In regard to potential impact on neighbouring properties: The impact on the house to the south, Domus, is considered not to be unduly harmful. The impact on the house to the north, Shandon, would be little different to the existing. The impact on the house to the east, Saffrons, is acceptable as there are no windows to the first floor and the view towards the rear garden area from the proposed ground floor window (to serve a utility room) will be blocked by the boundary fence. Visibility to the north would be improved a little from removal of the sycamore tree that does not provide the same level of street amenity as the nearby trees (subject of a Tree Preservation Order). In accordance with policy EP14, two trees would be planted (the subject of a condition) to off-set the

loss of softening currently provided by the sycamore and to improve the general street amenity. The issues raised by the Parish Council relating to the parking of construction vehicles cannot be controlled through Planning Legislation. If vehicles do cause an obstruction, the Police would have powers to require their removal. Conclusions The proposal, as revised, is considered acceptable subject to the imposition of suitable conditions that would allay the concerns of neighbouring occupiers and the Parish Council. Accordingly Members are recommended to grant planning permission. Recommendation That Planning Permission be GRANTED subject to the following conditions:

1. The development hereby permitted must be begun not later than the expiration of 3 years commencing upon the date of this permission, and where applicable should be undertaken in strict accordance with the plan(s) comprising all aspects of the approved development accompanying the decision notice. This standard time limit is required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004, while compliance with approved plans is required to ensure the approved standard of development is achieved.

2. Notwithstanding any denotation on the approved plans the materials of construction to be

used on the external elevations and roof must match those of the existing building[s] in the terms of colour and texture and samples of the materials shall be submitted to and approved by the Local Planning Authority prior to the commencement of building operations and thereafter only those approved materials shall be used in the development unless otherwise agreed in writing with the Authority. To ensure a consistency in the use of materials in the interest of visual amenity.

3. This consent relates to the revised plan[s] received by the Local Planning Authority on the

14/5/07. For the avoidance of doubt and as agreed with the applicant / agent.

4. Landscaping, including hard surface landscaping shall be carried out and preserved in

accordance with a scheme and programme which shall be submitted to and approved by the Local Planning Authority before any development is commenced. Specific details shall include finished levels, means of enclosures, car parking [as applicable] hard surfacing materials, lighting as applicable; soft landscape works shall include plans and written specifications including the planting of no less than two new trees noting species, plant size, number and densities and an implementation programme. The scheme and programme shall thereafter be varied only in accordance with proposals submitted to and approved by the Local Planning Authority and such variations shall be deemed to be incorporated in the approved scheme and programme. The approved landscaping scheme shall be implemented in a timetable of planting to be agreed in writing with the Local Planning Authority but which in any event shall be undertaken no later than the next available planting season. The developer shall advise the Local Planning Authority in writing of the date upon which landscaping works commence on site prior to the commencement of those works.

To enhance the quality of the development in the interests of the amenities of the locality.

5. The whole of the landscape works, as approved shall be implemented and subsequently maintained for a period of 10 years following the completion of the works. Maintenance shall comprise and include for the replacement of any trees, shrubs or hedges that are removed, dying, being seriously damaged or becoming seriously diseased within the above specified period, which shall be replaced by trees of a similar size and species. The whole of the planted areas shall be kept free of weeds, trees shall be pruned or thinned, at the appropriate times in accordance with current syvicultural practice. All tree stakes, ties, guys, guards and protective fencing shall be maintained in good repair and renewed as necessary. Mulching is required to a minimum layer of 75mm of spent mushroom compost or farm yard manure which should be applied around all tree and shrub planting after the initial watering. Weed growth over the whole of the planted area should be minimised. Any grassed area shall be kept mown to the appropriate height and managed in accordance with the approved scheme and programme. To ensure a satisfactory standard of development and in the interest of visual amenity in the locality.

6. A full specification of all proposed surface materials shall be submitted to the Local

Planning Authority for approval prior to the commencement of the development or in an alternative time programme as may be agreed in writing; thereafter only those approved materials shall be used in the development unless otherwise agreed in writing with the Local Planning Authority. In the interests of the overall quality of the finished development.

7. The garage[s] shall be used as a private garage[s] only and no trade or business shall be

carried on, in or from the building[s]. To safeguard the amenities of the neighbourhood.

8. Any trees removed without the consent or trees damaged or becoming severely diseased

during the development period shall be replaced during the next planting season with trees of such a size and species as may be agreed with the Local Planning Authority. To safeguard the visual amenities of the neighbourhood.

9. Notwithstanding the provision of Article 3, Schedule 2, Part 1, Class(es) A,B,C,D,E of the

Town and Country Planning General Permitted Development Order 1995 [or any Order revoking or re-enacting that Order], no further development of the dwelling[s] orcurtilage(s) relevant to those classes shall be carried out without Planning Permission. [CLASS VARIABLES A House Extensions. B&C Roof Extensions/alterations D Porches E Curtilage buildings F Hardstanding G Fuel containers H Satellite antenna] To ensure that the Local Planning Authority has control over any future development of the dwelling[s] which may adversely affect the character and appearance of the dwelling[s] and the surrounding area.

10. Notwithstanding the provision of Class A of Part 2 to Schedule 2 in Article 3 of the Town

and Country Planning General Permitted Development Order 1995 [or any Order revoking or re-enacting that Order], no further development of the dwelling[s] or curtilage(s) relevant to those classes shall be carried out without Planning Permission. [CLASS VARIABLES A Gates, walls, fences B New access C Exterior treatment] To ensure that the Local Planning Authority has control over any future development of the dwelling[s] which may adversely affect the character and appearance of the dwelling[s] and the surrounding area.

11. A full drainage scheme incorporating details of foul and surface water connections are to

be submitted to the Local Planning Authority for approval prior to the commencement of development and subsequently only those works shall be implemented. To ensure the provision of a satisfactory drainage scheme.




Mr & Mrs White Agent : Robert V Hopper RIBA

Location:

23 CROSBY ROAD, ST ANNES, LYTHAM ST ANNES, FY8 3AD

Proposal:

PROPOSED TWO STOREY SIDE EXTENSION, SINGLE STOREY REAR EXTENSION & DETACHED GARAGE.

Parish: Kilnhouse Area Team: Area Team 2

Weeks on Hand: 12

Case Officer: Mr M Atherton

Reason for Delay:

In order to seek amendments

Summary of Recommended Decision: Grant Summary of Officer Recommendation The proposed development complies with policy HL5 of the Fylde Local Plan as it will have a limited impact on visual amenity within the street scene, the character of the area, residential amenity & highway safety. Reason for Reporting to Committee The Parish Council's response conflicts with the Officer's recommendation. Site Description and Location The application property is a semi-detached, white rendered dwelling within a predominantly residential area, characterised by a mix of house types. Beyond the adjoining semi-detached house to the north is a row of 4 pairs of semis, to the south of the application property is a row of 4 terraced houses. There are further rows of terraced houses continuing south towards the junction of Crosby Road and Kilnhouse Lane. Details of Proposal The proposal includes a two storey side extension, the ground floor element would be set back 0.5m from the front and the first floor would be set back 2 metres. The extension would be 1.65 metres wide x 8 metres high to the ridge, which would be 0.6 metres lower than the ridge of the main dwelling. It would be set 0.15 metres from the boundary with the neighbour (no.21). To the rear of the house and the proposed side extension, it is proposed to construct a single storey extension, following the demolition of a small, single storey annexe. This proposed extension would be situated 0.15m off the boundaries with both neighbours (nos. 21 & 25), on the side closest to no. 25 it would project 1.8 metres from the rear, then at an angle of 45 degrees, it would splay in a further

1.45 metres towards the centre of the rear garden. The extension would be 7 metres across the rear and would be 3.7 metres high to a mono-pitch roof. The extensions have been designed to replicate the main dwelling and the materials to be used include brick, render and roof tiles. The proposed double garage would be accessed from a service road at the rear, it would be of dimensions 7 metres wide x 6 metres long x 4 metres high, with a pitched roof. It would have a rendered finish and a tile roof. Relevant Planning History Application No. Development Decision Date 06/0717 RESUBMISSION OF APPLICATION

06/241 FOR PROPOSED TWO STOREY SIDE EXTENSION, SINGLE STOREY REAR EXTENSION & DETACHED GARAGE.

Refused 01/11/2006

06/0241 SIDE AND REAR EXTENSIONS INCLUDING INTERNAL ALTERATIONS AND DETACHED GARAGE

Refused 17/05/2006

Relevant Planning Appeals History None. Parish Council Observations St Anne's on the Sea Town Council notified on 12 April 2007 Summary of Response: OBJECT to the proposal & recommend refusal - No reasons for refusal have been cited. Statutory Consultees N/A Observations of Other Interested Parties N/A Neighbour Observations Neighbours notified: 6 letters sent 12 April 2007 No. Of Responses Received: None

Relevant Planning Policy Fylde Borough Local Plan: HL5 - House Extensions Other Relevant Policy: PPS1: Delivering Sustainable Development Site Constraints: Within urban area

Environmental Impact Assessment This development does not fall within Schedule I or II of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended. Comment and Analysis Two previous applications at this site for similar proposals have been refused due to the impact of the proposed first floor side extension on the street scene. This extension has now been set back further from the front elevation. In all other respects, the application is identical to those previously submitted. The application property is a semi-detached dwelling and is situated adjacent to a row of 4 terraced dwellings. The gap between this house and the adjoining property, which is a terrace, (number 21), is 3.6 metres. There are narrow walkways to the side of each house, which are of insufficient width to accommodate a parked car. The proposed 1st floor side extension would be 1.65 metres wide and when viewed from the street scene would take up nearly half of the gap of 3.6 metres between the properties. The previous applications at the site were refused due to the first floor of the side extensions having relatively minor set backs from the front elevation, taking up a large proportion of the gap between the dwellings and leading to a terracing effect between the Applicant's semi detached house and the terraced house at number 21. Given the situation of the application dwelling, adjacent to a row of 4 terraced houses, the spaces between dwellings are very important and contribute to the character of the area. However, the new set back of 2m proposed for the first floor side extension will reduce its prominence within the street scene and will maintain a sufficient element of space between the dwellings. The proposal will no longer accentuate the terracing effect, the impact on visual amenity will be minimal and the character of the residential area will not be prejudiced. It is not considered that the proposed single storey extension to the rear would have any detrimental impact on the amenities of adjoining residents. The relationship with the adjoining dwellings is satisfactory, particularly as the projection from the rear, close to the boundary with number 25 is only 1.8 metres, before splaying in towards the garden. The proposed garage would also be acceptable, as it would continue a line of single and double garages along the rear boundary of houses on this side of Crosby Road. There would be no other detrimental impact arising in terms of residential amenity or highway safety. Conclusions The proposed development is considered to comply with policy HL5 of the Local Plan as it will have a limited impact on visual amenity within the street scene, the character of the area, residential amenity & highway safety. Recommendation That Planning Permission be GRANTED subject to the following conditions:

1. The development hereby permitted must be begun not later than the expiration of 3 years commencing upon the date of this permission, and where applicable should be undertaken in strict accordance with the plan(s) comprising all aspects of the approved development

accompanying the decision notice. This standard time limit is required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004, while compliance with approved plans is required to ensure the approved standard of development is achieved.

2. The materials and finishes to be used in the construction of the proposed development shall

be in accordance with the details contained in the submitted application, unless otherwise agreed in writing with the Local Planning Authority. To ensure a satisfactory external appearance for the completed development.

3. Notwithstanding the provisions of the Town & Country Panning (General Permitted

Development) Order 1995 (as amended) [or any legislation that replaces or re-enacts that Order], the garage shall be used as a private garage only and no trade or business shall be carried on, in or from the building. To safeguard the amenities of the neighbourhood.




Ms Sheila Boocock Agent :

Location:

101 WESTBY STREET, LYTHAM, LYTHAM ST ANNES, FY8 5

Proposal:

REPLACEMENT OF EXISTING SINGLE STOREY REAR EXTENSION AND REPLACEMENT WITH TWO STOREY REAR EXTENSION

Parish: Clifton Area Team: Area Team 1

Weeks on Hand: 11

Case Officer: Mr A Gavan

Reason for Delay:

Awaiting consultation replies

Summary of Recommended Decision: Grant Summary of Officer Recommendation The proposal is for a two storey rear extension which is situated in the Lytham Conservation Area. The design and scale of the proposal are considered in keeping with the dwelling and character of the surrounding area and the impact the proposal will have on adjacent dwellings is considered acceptable. Consequently the proposal is considered to comply with Policy HL5 and EP3 of the Fylde Borough Local Plan, as altered, October 2005. Reason for Reporting to Committee The proposal is a resubmission of a scheme that was previously refused permission by this Committee. Site Description and Location The application site is located on Westby Street in Lytham close to the main shopping street and lies within the Lytham Conservation Area. The site is situated in a predominantly residential area and forms part of a terrace of 8 properties. The dwelling is a two storey end of terrace period property dating back approximately 150 years. There is a small gated garden area to the front of the property facing Westby Street with a paved area to the rear with access onto a shared back street Details of Proposal The proposed rear extension would project 3.7 metres from the existing dwelling with a pitched roof measuring 6.2m to the ridge falling to 4.7m at the eaves. French windows would be inserted to the first floor rear elevation incorporating a "Juliet balcony". A stone lintel would also be located above the French windows. A patio door would be inserted on the ground floor in place of the existing kitchen window and would also incorporate a stone lintel to match those on the existing windows. The ridge of the rear extension is 0.7m lower than the ridge of the existing dwelling and is not visible from the front of the property on Westby Street.

Relevant Planning History Application No. Development Decision Date 06/1111 SINGLE STOREY SIDE EXTENSION

AND TWO STOREY REAR EXTENSIONRefused 16/03/2007

Relevant Planning Appeals History None. Parish Council Observations N/A Statutory Consultees N/A Observations of Other Interested Parties N/A Neighbour Observations Neighbours notified: 26 April 2007 Amended plans notified: N/A No. Of Responses Received: 1 Nature of comments made: • Potential reduction of sunlight

Relevant Planning Policy Fylde Borough Local Plan: HL5: House Extensions EP3: Conservation Areas Other Relevant Policy: PPS1: Delivering Sustainable Development PPG15: Planning and the Historic Environment Site Constraints Conservation area Within Urban Area Environmental Impact Assessment This development does not fall within Schedule I or II of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended. Comment and Analysis Members may recall that a planning application for the erection of a two storey extension with a single storey side extension was refused by this Committee in March of this year for the following reasons:

1. The proposed single storey side extension would have an adverse impact of the character of the street scene, contrary to policy HL5 of the Fylde Borough Local Plan (as altered October 2005). 2. The proposed single storey side extension would result in the loss of the setting of the cobbled wall which would be detrimental to the character of the conservation area and contrary to policies EP3 and EPA of the Fylde Borough Local Plan (as altered October 2005).

As Members can see from the reasons for refusal stated above, the primary concern was the impact of the single storey extension on the setting of the cobbled boundary wall and the street scene in general. This single storey element has now been deleted from the proposal and the two storey element has been increased in width, away from the original objector's property. The main planning issues are contained within Policies EP3, EPA and HL5 of the adopted Fylde Borough Local Plan. These require that development is in keeping with the existing building and the character of the area, and must not detract unacceptably from the amenities of neighbouring properties. With regard to the rear first floor extension it relates well to the character of the existing building in terms of its design, appearance and massing. Many of the properties along this southern side of Westby Street have rear extensions and due to this it is considered that the proposed first floor extension would make an appropriate contribution to the property and locality. Occupants of adjoining residents would not be subjected to any significant loss of residential amenity due to the proposed extension. The separation distance between no.103 Westby Street and the proposal are considered sufficient for any impact to be limited. Objections have been received regarding potential loss of light into the rear garden, however, the extent to which this will impact on the amenities of the residents to this property are minimal. The adjacent window on the first floor of no. 99 is obscurely glazed, consequently there will be no impact on the amenities of residents. The proposed patio doors to the ground floor rear elevation are deemed to be acceptable in relation to the character of the existing property as a stone lintel is proposed along the top of the patio doors in keeping with the existing windows. As these doors face onto the rear garden area and an existing window is currently present in this position it is considered to be an appropriate alteration to the existing dwelling. The installation of the doors would not result in any loss of privacy due to the fact that the doors would overlook the application property's garden. The proposal will not disproportionately reduce garden space or reduce the availability of parking or access to the site. Conclusions The proposal is for a two storey rear extension which is situated in the Lytham Conservation Area. The design and scale of the proposal are considered in keeping with the dwelling and character of the surrounding area and the impact the proposal will have on adjacent dwellings is considered acceptable. Consequently the proposal is considered to comply with Policy HL5 and EP3 of the Fylde Borough Local Plan, as altered, October 2005 Recommendation That Planning Permission be GRANTED subject to the following conditions:

1. The development hereby permitted must be begun not later than the expiration of 3 years

commencing upon the date of this permission, and where applicable should be undertaken in strict accordance with the plan(s) comprising all aspects of the approved development accompanying the decision notice. This standard time limit is required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004, while compliance with approved plans is required to ensure the approved standard of development is achieved.




Type of Application: Outline Planning


Mr David Whaite Agent :

Location:

CROPPER FARM, CROPPER ROAD, MARTON, BLACKPOOL

Proposal:

CHANGE OF USE OF LAND FOR THE SITING OF A RESIDENTIAL MOBILE HOME - RETROSPECTIVE

Parish: Westby with Plumptons Area Team: Area Team 1

Weeks on Hand: 9

Case Officer: Ruth Thow

Reason for Delay:

Awaiting consultation responses

Summary of Recommended Decision: Refuse Summary of Officer Recommendation This application seeks permission for the siting of a mobile home for use in connection with Cropper Road Farm. It is considered that the proposal fails to satisfy the requirements of policies HL1, SP2 and SP11 of the Fylde Borough Council Local Plan, as altered (October 2005) and is therefore, recommended for refusal by Members. Reason for Reporting to Committee This application is on the agenda as Officer views are contrary to the views of Westby with Plumptons Parish Council. Site Description and Location The application site is known as Cropper Road Farm or Cropper Buildings, on the west side of Cropper Road, Marton. The site consists of 4 no. agricultural buildings and has recently been granted permission for a further building earlier this year, it is within an area designated as countryside on the Fylde Borough Local Plan, as altered (October 2005). Details of Proposal This application is for the change of use of land for the siting of a residential mobile home, adjacent to existing buildings the mobile home measures 12.8m x 3.65m and is currently sited in the position as shown on the location plan. Relevant Planning History Application No. Development Decision Date 05/0956 BUILDING FOR FEEDING CATTLE Withdrawn by

Applicant 13/07/2006

05/0607 AGRICULTURAL BUILDING FOR STORAGE OF CATTLE FEED.

Withdrawn by Applicant

21/09/2005

93/0355 OUTLINE APPLICATION TO ERECT DWELLING FOR FARM WORKER

Granted 11/08/1993

Relevant Planning Appeals History Appeal against application no. 5/92/0496 for resubmission of app. 5/92/0075 for the renewal of temporary permission 5/90/0820 for siting of mobile home - Appeal dismissed 2.12.92 Parish Council Observations Westby with Plumptons Parish Council notified on 02 May 2007 Summary of Response Parish Council supports the application "Owner of the site deals in stock. The site is situated on the urban fringe, which needs to be supervised at all times." Statutory Consultees Chief Land Agent - Rural Division A planning application has been submitted by David Whaite for the siting of a mobile

home at the Cropper Road Farm site. I undertook an inspection of the application site on 12 June 2007 whilst Mr Whaite was also present. The information provided, together with the written submissions provided to me by the applicant in support of the application, form the basis of this appraisal. Background Information Although Mr Whaite has operated his cattle dealing business from the application site for in excess of 20 years without living on the premises he considers that cattle welfare is being comprised to a greater extent than before as the number of cattle he deals in has increased significantly over the recent year. In addition he feels the lack of an on-site human presence has increased the instances of trespass, vandalism and theft which he feels has become more acute over recent years as a consequence of the skate board facility opening up on the nearby unit, as well as what he puts down to a change in teenage culture concerning disrespect for private property. This has created repercussions upon the cattle's welfare as livestock are let out of buildings or frightened whilst being housed. He feels by having a human presence living on site these two issues would be addressed. Previous Planning Applications I have commented on several planning applications submitted by Mr Whaite over the past 5/7 years, two of which were for the siting of a mobile home, application numbers 03/0492 and 04/0161. The latter application I commented in detail upon the circumstances raised by Mr Whaite and assessed those in accordance with the criteria referred to in annex I of PPG7 (revised). I advised there was not sufficient agricultural justification for siting of a mobile home and planning permission was refused. Present Agricultural Situation There have not been any significant changes to the applicant’s operations since the earlier application for a mobile home. The applicant operates a cattle dealing business buying commercial breed beef cattle from livestock markets throughout the North West of England and supplying these cattle to farmers who then keep these through to finish

weight. The applicant attends livestock markets 5 days per week buying cattle sold through the auction ring. At the end of the day’s sale he transports the cattle he has purchased, mostly direct to the farmers, although cattle are also taken back to Cropper Road Farm where they are held temporarily before being moved by his livestock lorry either back to auction or direct to farm properties. The number of cattle he keeps varies from day to day, week to week and I was informed at my recent meeting he currently has in the region of 60 head of cattle of varying ages although all of store weight. I was informed that with the provision of two new agricultural buildings; one recently erected, the other still under construction the number of cattle he can now keep at the Cropper Road Farm site has increased and as a consequence the incidents which occur affecting the welfare of cattle have increased. I was informed that the applicant has been granted permission by the Caravan Club for a caravan club certified 5 van site. I was made aware that one of the conditions of being granted approval has been that the owner lives on the site and evidence of this is contained in the written submissions provided to me by the applicant. Agricultural Buildings There are 5 agricultural buildings as follows:-

1. 3 nos steel portal frame buildings each measuring 18m x 9m x 3.6m eaves height. Two buildings are used for cattle housing each with a capacity of approximately 20 cattle and one for storage of hay and straw. The hay and straw storage building is the one most recently erected.

2. A 3 bay steel portal frame building 13.7m x 9m x 3.6m eaves height also used for

housing cattle also with a capacity of approximately 20 head of cattle. The applicant is in the process of constructing a lean-to building 7.6m wide which will provide storage and/or livestock housing.

3. A 2 bay partially open fronted building located slightly detached from the above

building range which are centred around a yard area. This building which has profile steel sheet sides and roof is used for livestock housing and sheltering whilst out at grass.

Proposed Development It is proposed to site a mobile home at the Cropper Road Farm site. There is a mobile home already sited in the farmstead area located on the same site proposed by this application. I was informed the mobile home is not lived in. Supporting information to justify siting of the mobile home I was provided with a folder by the applicant containing written submissions he feels provides a justification for someone to live on site. I enclose this folder as the applicant would like this information to form part of the relevant documents included with this application. Assessment The basis of my assessment has reference to Annex A of PPS7 which has superseded Annex I of PPG7 (revised) which had formed the basis of assessment of the applicant’s earlier application. The contents of Annex A compare very closely with that of Annex I

which both provide criteria for permanent and temporary agricultural workers dwellings. Annex A also recognises that a justification can also exist for other rural based enterprises which I feel is relevant to the applicants circumstances since the nature of his business whilst is not agriculture is a “rural based enterprise”. Paragraph 12 of the annex provides specific criteria for the provision of temporary dwellings which is how a mobile home is recognised under the Annex A criteria, even though the applicant has applied for the permanent siting of this. Paragraph 12 advises where it would be applicable to provide mobile homes for a temporary period and this is restricted to new enterprises on either new or established units. I feel given the applicant’s business has operated from the Cropper Road Farm site for in excess of 20 years I feel to consider the need for a temporary dwelling would not be in accordance with the advice provided in paragraph 12. However, I propose to asses the circumstances surrounding the submission of this application against the functional and financial tests referred to in paragraph 3 of the annex which constitutes 2 of the 5 criteria to be satisfied for the provision of permanent accommodation. Functional Need An assessment of the functional need considers “whether it is essential for the proper functioning of the enterprise for one or more workers to be easily available at most times, for example if workers are needed to be on hand day and night”. It refers to animals requiring essential care at short notice as a circumstance of this. I feel this point can be applied to the applicant’s situation, particularly when he takes a load of cattle from an auction market following a sale day back to Cropper Road Farm. Typically there will be a group of cattle generally from different origins which will be penned in one of the four buildings the applicant uses for livestock housing. As a consequence bullying can occur which I am aware has resulted in the past in loss or injury of an animal. I was informed as a rule Mr Whaite arrives with a load of cattle in the evening time following an auction sale day and as such, bullying will occur during the night following the time he has left to go home. I feel it is necessary to draw your attention to paragraph 6 of the annex which refers to protection of livestock from theft or injury by intruders as this has been raised by Mr Whaite as an increasing problem at the Cropper Road site. The advice in paragraph 6 makes the point that this factor will not by itself be sufficient to justify a dwelling. The above two factors I feel constitute the principal reason why Mr Whaite feels it is necessary for him to live on the unit. Paragraph 7 advises: “where a functional requirement is established, then it will be necessary to consider the number of workers needed to meet it for which the scale and nature of the enterprise will be relevant”. I feel when considering the applicant’s situation that the scale of this is quite small. I note Mr Whaite makes reference in his written submission to the scale of his enterprise by saying that he trades in “thousands of cattle”. I feel on this basis that the proportion of these cattle kept at the Cropper Road site will only be small assuming that a typical housing capacity in the buildings at the Cropper Road site is up to 60 head. It was not clear though from the discussion with Mr Whaite how regular are groups of cattle turned over, ie on/off site. A further factor I am aware of is that Mr Whaite is normally away from the site for long periods of time and as such, the site would be unattended. He advised me that if permission were approved that his wife would be then on site to deal with situations, although I am doubtful of the effectiveness of this given that generally Mr Whaite

manages the cattle himself. I referred earlier to the Caravan Club Licence and the requirement of granting the licence for the owner to live on site. Whilst I recognise the importance of this requirement I feel it is the needs of the agricultural livestock which is relevant to the assessment of the functional test. To summarise the assessment of the functional need, I feel that the nature of the applicant’s business does give rise to circumstances relevant to a functional test assessment although were it not for bullying instances, I consider that the applicant has also shown that the labour demand for the daily care of these cattle is quite low. Overall I am of the opinion that the scale of activity on site is small and feel when applying the scale against the functional need that a functional test is not met. Financial Test It is clear the enterprise has provided the only source of livelihood for Mr Whaite for 20 years or so and I feel there is no reason to doubt that the enterprise will not continue to do so. However, I cannot overlook that the income earned is not mainly directly related to the operation undertaken from the Cropper Road site as most cattle he moves do not go to Cropper Road Farm. I feel technically the income earned overall which Mr Whaite has stated is in excess of £1million overshadows the income capability of the unit. Conclusion I feel the current application has been inappropriately submitted. If an appropriate application were to be made I consider there are aspects of the enterprise which are relevant to the criteria of the functional test, but feel overall the functional test has not been satisfied. With reference to the financial test I consider overall the enterprise can satisfy this but I am conscious that to accept this it would not be in accordance with a normal financial test assessment which I consider should principally be earned from the unit.

County Highway Authority No objections Observations of Other Interested Parties None Received Neighbour Observations Neighbours notified: Site Notice Displayed No. Of Responses Received: None

Relevant Planning Policy Joint Lancashire Structure Plan: Policy 5: Development in Rural Areas Fylde Borough Local Plan: SP02 Development within countryside area HL01

SP11 New residential development Agricultural Workers dwellings

Other Relevant Policy:

PPS1: Delivering Sustainable Development PPS7: Sustainable development in rural areas Site Constraints Within countryside area Environmental Impact Assessment This development does not fall within Schedule I or II of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended. Comment and Analysis The main issues to consider in determining this application are the criteria set out in policies SP2, SP11 and HL1 of the Fylde Borough Local Plan, as altered (October 2005). Policy HL1 refers to housing. Planning permission for residential development will not be granted except where the proposal meets one of the nine exceptions to the policy. Criterion 5 allows for the development of an agricultural or other occupational dwelling where need has been demonstrated by the applicant. Policy SP2 refers to development in countryside area and requires that development will not be permitted except for that essentially required for the purposes of agriculture, horticulture or forestry. In line with PPS7, Policy SP11 requires that where accommodation for an agricultural worker is needed to support a new farming operation whether on a newly created agricultural unit or on an established one, the use of a caravan will only be permitted for the first three years of the operation subject to satisfying the criteria. In considering the application against the criteria of policy SP11, the applicant, Mr Whaite, is a cattle dealer and whilst this is not strictly farming, it is an agricultural based operation. Mr Whaite has benefited from several planning permissions for the erection of new agricultural buildings in connection with this business. Currently there are 4 no. buildings on site and permission has recently been granted for a further building. The applicant has applied on numerous occasions for a mobile home on this site. Committee resolved to grant permission for the siting of a mobile home in February 1991 for a temporary 12 month period to allow the applicant to try to establish a viable enterprise on this site. A renewal of this permission was then sought in 1992, was refused and an appeal dismissed on the grounds of absence of an agricultural justification as the applicant had failed to provide sufficient functional justification nor a reasonable guarantee of sustainable viability of the business. Following this enforcement was authorised and the caravan removed from the site. Further permissions were sought in 2003 and 2004 but were subsequently refused. This application is, again, for the siting of a mobile home. There is currently a mobile home on this site although it is not occupied. Policy SP11 requires that there is a clearly established functional need, which could not be met by any existing dwelling or other accommodation on the unit or in the locality which would be suitable and available for occupation by the agricultural worker who is supervising the unit. The applicant has owned this land at Cropper Road since 1980 and, as previously stated, is a cattle dealer, this involves trips to cattle auctions on most days where the applicant buys cattle for onward sale to farmers. Approximately 80% of the cattle bought goes from auction to destination without the need to stay at the Cropper Road site. The applicant has supplied a catalogue of incidents (on file), where security of the farm has been breached. The applicant still lives in the same house as he did when first applying for a mobile home, which is some 2/3 miles away. No evidence has been submitted to demonstrate improved security measurements taken on the site to avoid these incidents.

Policy SP11 also requires that there is clear evidence that the proposed enterprise has been planned on a sound financial basis and that there is a firm intension and ability to develop the enterprise. The County Land Agent's report states that the enterprise has provided the only source of income for the applicant and does not doubt that the enterprise will continue to do so. Although the report goes on to state that this income overshadows the income capability of the unit. i.e. the applicant's business is not solely dependent on the capacity of the Cropper Road site. Conclusions In summation, policies SP2, HL1 and SP11 require that the proposal is essentially required for the purposes of agriculture, in respect of policy SP2. Policy HL1 and SP11 require that where the proposal is for an agricultural or other occupational worker the need has been clearly demonstrated. Whilst it is acknowledge that this site is vulnerable, it has not been sufficiently demonstrated that security could not be improved or met by other means. Guidance is given in PPS7 Annex A "The protection of livestock from theft or injury by intruders may contribute on animal welfare grounds to the need for a new agricultural dwelling, although it not by itself be sufficient to justify one." For these reasons it is considered that the proposal fails to satisfy the criteria of policies SP2, HL1 and SP11 of the Fylde Borough Local Plan, as altered (October 2005). Recommendation That Planning Permission be REFUSED for the following reasons:

1. The applicant has failed to demonstrate that the proposal meets any of the exceptions laid down in Policy HL1 of the Fylde Borough Local Plan, as altered (October 2005) which outlines exceptions to the general policy of restraint of housing development; or that there are other material considerations that would override the quantitative issue of housing over-supply. The proposed residential development would, therefore, exacerbate the current oversupply of housing land and would be contrary to the provisions of the adopted Fylde Borough Local Plan (as altered October 2005).

2. The applicant has failed to provide sufficient information to prove that there is functional

need for someone to live permanently on the unit and that the need cannot be fulfilled by any other existing accommodation in the area which is suitable and available for occupation by the worker concerned. The proposal is therefore contrary to the provisions of Policies SP2 and SP11 of the Fylde Borough Local Plan (as altered October 2005).




Mr D Bartlet Agent : ATC Construction Design Ltd

Location:

2 BEACH STREET, LYTHAM, LYTHAM ST ANNES

Proposal:

RESUBMISSION OF APPLICATION 06/1015 FOR REMOVAL OF TWO STOREY REAR EXTENSION, ERECTION OF SINGLE STOREY REAR EXTENSION TO FORM KITCHEN AND ASSOCIATED ALTERATIONS AND MODIFICATIONS


Weeks on Hand: 10

Case Officer: Keith Brooke

Reason for Delay:

In order to seek amended plans

Summary of Recommended Decision: Grant Summary of Officer Recommendation The proposal accords with policy and there are no material considerations arising which indicate the application should be determined otherwise. It is recommended that planning permission is granted. Reason for Reporting to Committee Previous applications 06/1015 and 06/1016 were determined By Committee. Site Description and Location The site comprises one of a group of three Georgian three storey terraced cottages situated on the west side of Beach Street, Lytham. Along with its immediate neighbours, the property is listed as being of special architectural or historic interest. The site is bounded to the south by 1 Beach Street, from which it is separated at ground floor level by a tunnelled access, to the west by a pedestrian access and the rear offshoot of 1 Livesey Street beyond, to the north by 3 Beach Street, and to the east by Beach Street itself with 19 Beach Street opposite. The terrace has small sunken front gardens, with railings to the street frontage. The site is located within the Lytham Avenues Conservation Area as identified in the Fylde Borough Local Plan, As Altered, October 2005, but contains no other plan designations or allocations. Details of Proposal The application has been submitted following the refusal, on 16 January 2007, of two previous applications for planning and listed building consent, references 06/1015 and 06/1016. As originally submitted, this application referred to conversion of two flats to a single dwelling, but

the property has not been occupied as separate flats for many years. This part of the description has been deleted. Planning permission is sought, therefore, for the removal of the existing two storey rear extension, its replacement by a single storey flat roofed extension to form a kitchen, and related alterations and modifications, all requiring planning permission due to the Article 4 Direction associated with the conservation area. The balcony over the kitchen extension originally applied for has now been deleted as part of amended plans submitted. All these alterations, along with other internal works proposed, also require listed building consent, and the accompanying listed building application, reference 07/0446, is reported elsewhere on this agenda. The rear kitchen extension will project 0.7m beyond the line of the existing extension and 2.45m from the original back wall of the property. It will be 3.2m wide, measured internally, x 2.75m high. The external stairs to the first floor are to be removed, and the back wall of the property made good. A new doorway to the rear yard is proposed from what will become a dining room. The 2006 proposal to break through into a rear shared utility has been deleted, as have the second floor dormers. Above the proposed dining room on the first floor, the former study is to be converted into a bathroom. A new corridor to be formed will provide maintenance access only, via a doorway to be formed in the flank wall, to the flat roof of the adjoining kitchen. Materials proposed are render to match the existing rear elevations. Relevant Planning History Application No. Development Decision Date 06/1016 LISTED BUILDING CONSENT FOR

CHANGE OF USE FROM TWO FLATS INTO ONE DWELLING WITH REAR GROUND FLOOR EXTENSION, INTERNAL ALTERATIONS AND DORMER.

Refused 16/01/2007

06/1015 CHANGE OF USE FROM TWO FLATS INTO ONE DWELLING WITH REAR GROUND FLOOR EXTENSION, INTERNAL ALTERATIONS AND DORMER.

Refused 16/01/2007

01/0777 LISTED BUILDING CONSENT FOR REPLACEMENT RAILINGS TO FRONT

Granted 27/03/2002

Relevant Planning Appeals History None. Parish Council Observations N/A Statutory Consultees Heritage Trust for the North West No objection as the building has already been ruined at the rear elevation. The design of

windows and doors looks more appropriate in this latest application. However, it is not clear whether the windows, particularly the one on the gable end are sash windows. Wood sash windows would be a great improvement, and I recommend the Council requests the owner to install these and produce drawings of the glazing bars and details of the mouldings.

Observations of Other Interested Parties None. Neighbour Observations Neighbours notified: 25 April 2007 Amended plans notified: 14 May 2007 No. Of Responses Received: 1 Nature of comments made: • similar plan to that submitted in November 2006 and refused in January 2007 • the property has never been two flats • the plans continue to show access from the present kitchen to the outbuilding which is not

possible Relevant Planning Policy Joint Lancashire Structure Plan: JS01 General Policy JS02 Main Development Locations JS07 Parking JS21 Lancashire's Natural & Manmade Heritage Fylde Borough Local Plan: SP01 Development within settlements HL05 House extensions and incidental buildings TR09 Car parking within new developments EP03 Conservation areas EP04 Listed Buildings Other Relevant Guidance: PPS1: Delivering Sustainable Development PPG15: Planning and the Historic Environment Site Constraints Lytham Avenues Conservation Area Within Urban Area Environmental Impact Assessment This development does not fall within Schedule 1 or 2 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended. Comment and Analysis The key policies in the determination of the application are HL5, EP3 and EP4 of the Fylde Borough Local Plan (FBLP), As Altered, October 2005. As regards the other development plan policies listed above, the proposal accords with the generic locational policies identified. Car parking arrangements, which are effectively provided on-street, are unaffected by the development proposed. As regards the key policies, many of the concerns expressed in relation to the original 2006 applications, and repeated in connection with the reapplications, have been addressed by the amended

plans now submitted. The alterations are summarised in the description of the proposal above. The remaining works relate exclusively to the rear elevations of the property and will have no effect on any public views within the conservation area, nor thus its setting or character. The proposal accords, therefore, with Policy EP3. Similarly, a valiant attempt is being made to redress the inappropriate works to the property carried out in the 1980s. It is not considered that the works proposed will either affect the setting of the listed building or adversely affect its architectural or historic character. The issue of detail raised by the Heritage Trust can be appropriately addressed by a planning condition. The proposal accords, therefore, with Policy EP4. It follows, given the finer grain considerations to which policies EP3 and EP4 refer, that there are no residual concerns regarding criterion 1 of Policy HL5. Equally, the proposal will not adversely affect the amenities of neighbouring residents, the amount of garden area is only marginally affected, and neither parking nor access are affected. The proposal accords, therefore, with Policy HL5. Conclusions The proposal accords with policy and there are no material considerations arising which indicate the application should be determined otherwise. Recommendation That Planning Permission be GRANTED subject to the following conditions:


2. This consent relates to the revised plan received by the Local Planning Authority on the 14

May 2007. To define the permission.

3. With the exception of the windows and doors, to which condition 3 of this permission

refers, and unless otherwise agreed in writing by the local planning authority, the materials and finishes to be used in the construction of the proposed development shall be in accordance with the details contained in the submitted application. To ensure a satisfactory external appearance for the completed development.

4. Notwithstanding the details contained in the submitted application, all new windows to be

installed shall be sliding sash, and both windows and external doors shall be constructed in timber in accordance with full constructional details which shall be submitted to and approved in writing by the local planning authority before any works hereby approved are carried out on site. Once approved, the works relating to windows and external doors shall be implemented in accordance with such approval and thereafter retained as such. The property is a listed building in a conservation area and the details are required to

ensure that the proposed works do not detract from their character in accordance with Policies EP4 and EP3 respectively of the Fylde Borough Local Plan, As Altered, October 2005 and guidance contained in PPG15.

5. The flat roof to the proposed kitchen extension shall not be used as a balcony or as an area

for sitting out and, notwithstanding the details contained in the submitted application, the works hereby approved shall not be carried out unless and until details of the means of constraint to the proposed maintenance access door have been submitted to and approved in writing by the local planning authority. Once approved, the works to constrain the maintenance access door shall be carried out in accordance with such approval and thereafter retained as such. To protect the amenities of neighbouring residents and to define the permission in the interests of the safety of occupants of the dwelling.


Type of Application: Listed Building Consent

Applicant:

Agent :

Location:

2 BEACH STREET, LYTHAM, LYTHAM ST ANNES

Proposal:

LISTED BUILDING CONSENT FOR REMOVAL OF TWO STOREY REAR EXTENSION, ERECTION OF SINGLE STOREY REAR EXTENSION TO FORM A KITCHEN, ASSOCIATED ALTERATIONS AND MODIFICATIONS AND INTERNAL WORKS TO FORM A FIRST FLOOR BATHROOM AND CORRIDOR


Weeks on Hand: 10

Case Officer: Keith Brooke

Reason for Delay:

In order to seek amended plans

Summary of Recommended Decision: Grant Summary of Officer Recommendation The proposal accords with policy and there are no material considerations arising which indicate the application should be determined otherwise. It is recommended that listed building consent is granted. Reason for Reporting to Committee Previous applications 06/1015 and 06/1016 determined by Committee. Site Description and Location The site comprises one of a group of three Georgian three storey terraced cottages situated on the west side of Beach Street, Lytham. Along with its immediate neighbours, the property is listed as being of special architectural or historic interest. The site is bounded to the south by 1 Beach Street, from which it is separated at ground floor level by a tunnelled access, to the west by a pedestrian access and the rear offshoot of 1 Livesey Street beyond, to the north by 3 Beach Street, and to the east by Beach Street itself with 19 Beach Street opposite. The terrace has small sunken front gardens, with railings to the street frontage. The site is located within the Lytham Avenues centre conservation area as identified in the Fylde Borough Local Plan, As Altered, October 2005, but contains no other plan designations or allocations. Details of Proposal The application has been submitted following the refusal, on 16 January 2007, of two prior applications for planning and listed building consent, reference 06/1015 and 06/1016.

As originally submitted, this application referred to conversion of two flats to a single dwelling, but the property has not been occupied as separate flats for many years. This part of the description has been deleted. Listed building consent is sought for the removal of the existing two storey rear extension, its replacement by a single storey flat roofed extension to form a kitchen, related alterations and modifications, and internal works to form a first floor bathroom and corridor. The balcony over the kitchen extension originally applied for has now been deleted as part of amended plans submitted. All these external alterations also require planning permission, and the accompanying planning application, reference 07/0445, is reported elsewhere on this agenda. The rear kitchen extension will project 0.7m beyond the line of the existing extension and 2.45m from the original back wall of the property. It will be 3.2m wide, measured internally, x 2.75m high. The external stairs to the first floor are to be removed, and the back wall of the property made good. A new doorway to the rear yard is proposed from what will become a dining room. The 2006 proposal to break through into a rear shared utility has been deleted, as have the second floor dormers. Above the proposed dining room on the first floor, the former study is to be converted into a bathroom. A new corridor to be formed will provide maintenance access only, via a doorway to be formed in the flank wall, to the flat roof of the adjoining kitchen. Materials proposed are render to match the existing rear elevations. Relevant Planning History Application No. Development Decision Date 06/1016 LISTED BUILDING CONSENT FOR

CHANGE OF USE FROM TWO FLATS INTO ONE DWELLING WITH REAR GROUND FLOOR EXTENSION, INTERNAL ALTERATIONS AND DORMER.

Refused 16/01/2007

06/1015 CHANGE OF USE FROM TWO FLATS INTO ONE DWELLING WITH REAR GROUND FLOOR EXTENSION, INTERNAL ALTERATIONS AND DORMER.

Refused 16/01/2007

01/0777 LISTED BUILDING CONSENT FOR REPLACEMENT RAILINGS TO FRONT

Granted 27/03/2002

Relevant Planning Appeals History None. Parish Council Observations N/A Statutory Consultees Heritage Trust for the North West No objection as the building has already been ruined at the rear elevation. The design of

windows and doors looks more appropriate in this latest application. However, it is not clear whether the windows, particularly the one on the gable end are sash windows. Wood sash windows would be a great improvement, and I recommend the Council requests the owner to install these and produce drawings of the glazing bars and details of the mouldings.

Observations of Other Interested Parties None. Neighbour Observations Neighbours notified: 25 April 2007 Amended plans notified: 14 May 2007 No. Of Responses Received: 1 Nature of comments made: • similar plan to that submitted in November 2006 and refused in January 2007 • the property has never been two flats • the plans continue to show access from the present kitchen to the outbuilding which is not

possible Relevant Planning Policy Joint Lancashire Structure Plan: JS21 Lancashire's Natural & Manmade Heritage Fylde Borough Local Plan: EP03 Conservation areas EP04 Listed Buildings Other Relevant Guidance: PPS1: Delivering Sustainable Development PPG15: Planning and the Historic Environment Site Constraints Lytham Avenues Conservation Area Comment and Analysis The key policies in the determination of the application are EP3 and EP4 of the Fylde Borough Local Plan (FBLP), As Altered, October 2005. Many of the concerns expressed in relation to the original 2006 applications, and repeated in connection with the reapplications, have been addressed by the amended plans now submitted. The alterations are summarised in the description of the proposal above. The remaining works relate exclusively to the rear elevations of the property and will have no effect on any public views within the conservation area, nor thus its setting or character. The proposal accords, therefore, with Policy EP3. Similarly, a valiant attempt is being made to redress the inappropriate works to the property carried out in the 1980s. It is not considered that the works proposed will either affect the setting of the listed building or adversely affect its architectural or historic character. The issue of detail raised by the Heritage Trust can be appropriately addressed by a planning condition. The proposal accords, therefore, with Policy EP4. Conclusions The proposal accords with policy and there are no material considerations arising which indicate that the application should be determined otherwise.

Recommendation That listed building consent be granted subject to the following conditions:

1. The development must be begun not later than the expiration of three years commencing upon the date of this permission, and where applicable should be carried out in strict accordance with the approved plan(s) which accompany the decision notice. This standard time limit is required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004, while compliance with approved plans to ensure the approved standard of development is achieved.

2. This consent relates to the revised plan received by the Local Planning Authority on the 14

May 2007. To define the permission.

3. With the exception of the windows and doors, to which condition 3 of this permission

refers, and unless otherwise agreed in writing by the local planning authority, the materials and finishes to be used in the construction of the proposed works shall be in accordance with the details contained in the submitted application. To ensure a satisfactory external appearance for the completed works.

4. Notwithstanding the details contained in the submitted application, all new windows to be

installed shall be sliding sash, and both windows and external doors shall be constructed in timber in accordance with full constructional details which shall be submitted to and approved in writing by the local planning authority before any works hereby approved are carried out on site. Once approved, the works relating to windows and external doors shall be implemented in accordance with such approval and thereafter retained as such. The property is a listed building in a conservation area and the details are required to ensure that the proposed works do not detract from their character in accordance with Policies EP4 and EP3 respectively of the Fylde Borough Local Plan, As Altered, October 2005 and guidance contained in PPG15.

5. The flat roof to the proposed kitchen extension shall not be used as a balcony or as an area

for sitting out and, notwithstanding the details contained in the submitted application, the works hereby approved shall not be carried out unless and until details of the means of constraint to the proposed maintenance access door have been submitted to and approved in writing by the local planning authority. Once approved, the works to constrain the maintenance access door shall be carried out in accordance with such approval and thereafter retained as such. To protect the amenities of neighbouring residents and to define the permission in the interests of the safety of occupants of the dwelling.




Mrs Bolton Agent : Bill Atkinson Associates

Location:

LAND TO THE SOUTH OFF MYTHOP ROAD, MYTHOP ROAD, WEETON, PRESTON

Proposal:

ERECTION OF NEW BUILDINGS FOR A NEW HORSE BREEDING AND TRAINING FACILITY. ALSO ENABLING WORKS INCLUDING HIGHWAY ALTERATIONS (RESUBMISSION OF APPLICATION 06/0695)

Parish: Weeton and Preese Area Team: Area Team 1

Weeks on Hand: 9


Reason for Delay:

Not applicable

Summary of Recommended Decision: Grant Summary of Officer Recommendation The main issues for consideration in this application are contained within Policies SP2, EP10 and EP11 of the Fylde Borough Local Plan. It is considered that the proposal would not have a detrimental impact upon the appearance and character of the area nor on the amenities of nearby residential properties. Members are recommended to grant planning permission. Reason for Reporting to Committee This application is on the agenda as the application is classed as a Major application (floor area of the buildings exceeds 1000 square metres and the site exceeds 1 hectare) and major applications are not included in the delegation scheme. Site Description and Location This application relates to vacant agricultural fields on the south side of Mythop Road opposite New Cottages and Mythop Lodge within the designated countryside. Details of Proposal The application is for the development of a green field site to accommodate a sport horse breeding and training commercial operation which involves the erection of buildings surrounded by a serving concrete apron and adjacent to a car park area. The applicant currently operates from elsewhere in Lancashire (outside of the Borough) and the business is restrained by available space so she wants to relocate to this site.

The horse accommodation building would be 17 metres by 70 metres, 3.5 metres eaves height, 6.9 metres ridge height. The training / foaling area building would be 25 metres by 54 metres, 4 metres eaves height, 8 metres ridge height. Relevant Planning History Application No. Development Decision Date 06/0695 ERECTION OF NEW BUILDINGS FOR A

NEW HORSE BREEDING AND TRAINING FACILITY. ALSO ENABLING WORKS INCLUDING HIGHWAY ALTERATIONS


10/10/2006

03/0329 CHANGE OF USE FROM AGRICULTURAL LAND TO A GOLF COURSE, DRIVING RANGE AND ERECTION OF ASSOCIATED BUILDINGS AND WORKS

Granted 04/02/2004

N.B. The golf course permission has not been implemented Relevant Planning Appeals History None Parish Council Observations Weeton with Preese Parish Council notified on 02 May 2007 not received at time of submitting report, any response to be reported via late observations schedule Staining Parish Council notified on 02 May 2007 Pleased to see land being used for a purpose in keeping with its rural location. The main concern when considering new businesses is the amount of additional traffic potentially passing through Staining. It is felt that this proposal will not generate a great deal of additional traffic and so the council has no objections to the application. Statutory Consultees County Highways Authority It is unlikely the numbers of stables and pens will make a significant difference to traffic generation at

the site, but should be clarified. The hedge to the east of the access will need to be set back to produce the optimum sight line improvement and the visibility splay in both directions must be protected and conditioned as such. The postbox and bus shelter are to be relocated to an agreed point west of the access. The new bus shelter must be of the same standard as that it replaces. The Mythop Road access must remain ungated. It is hard to determine the parking level for this typed of development. I doubt that it will generate large volumes of customers as it is so specialised, but there will be considerable level of service vehicles and there are residential staff. The levels provided are reasonable and there is adequate operational space.

Consumer Wellbeing and Protection - Environmental Health Officer No objections

Local Plans - Tree Officer Any comments to be reported via late observations schedule

County Ecology Officer The report concludes the proposed development will not impact on great crested newts or their

habitat. I accept this finding. Construction works during the bird breeding season (March to July) should therefore be avoided where there may be an impact on nesting birds. The proposed woodland and hedgerow planting are welcomed. Only native species that are appropriate to the natural area should be planted.

Lancashire County Archaeologist The developer should be required to undertake an archaeological watching brief on all groundworks

associated with the construction of the two buildings and their associated service yard and parking area.

Local Plans Section In summary, there are no specific Local Plan policies relevant to the specific use proposed. You need

to be satisfied that there is a genuine need for the proposed development in this location. You also need to be satisfied by the comments made by the County Council’s Specialist Advisory Service (Ecology and Landscape) and Natural England. If minded to grant consent for the proposed development, the ancillary dwelling needs to be the subject of an occupancy condition, and be capable of being removed.

Chief Land Agent - Rural Division (LCC Property Services) The land owned by the applicant at Mythop Road extending to 35.6 hectares (88 acres) provides a

single block of versatile agricultural land suitable for a medium scale agricultural use as a comparatively large scale equestrian operation. Typically commercially managed equestrian enterprises tend to utilise relatively small areas of agricultural land compared to commercial agricultural livestock operations. I feel the applicant’s proposed use of the site will create an uncharacteristically large enterprise, but one which is applying both the principles associated with agricultural operations, ie the management of the young stock horses which will equate to in the region of 40 head and those associated with specialist horse training and breeding, ie provision of manege horse walker and stallion facilities. I was advised the facilities proposed at this site are based upon similar facilities she has at her existing establishment albeit where existing buildings were adapted to suit and also based upon facilities the applicant experienced on commercial horse farms in Europe. I feel the area of land associated with the application site is appropriate for the scale of enterprise she is currently operating. I feel the scale of development required to manage the applicant’s enterprise is representative of the scale of development proposed by this application. I feel the equestrian facilities proposed will provide the essential needs of the enterprise ie those associated with the housing and management of the horses and the provision of associated storage has been kept to a minimum. On this basis I envisage the need for regular deliveries of feed and bedding. The design of the buildings is of conventional portal frame design which is associated with both agricultural and commercial enterprises. I queried with the applicant the suitability of the use of extent of steel sheet cladding as proposed, in particular as the building will be used for accommodating horses. The applicant agreed that profile steel cladding would require to be insulated especially to avoid the effects of extreme heat. Alternatively, fibre/cement profile cladding was suggested by the applicant in particular for the roof. I note the colour of the cladding has been

proposed and expect you will have your own view upon this. I have been provided with a letter from the applicant’s accountant providing financial information of the applicant’s business “AB Sports Horses Ltd” trading for years ending 5 April 2006 and April 2007. The information shows what I feel is a reasonable profit of £[deleted for reasons of confidentiality] in 2006 which is expected to double in 2007. On this basis I feel it is shown the business is operating on from sound and sustainable position. I was advised of the investment committed by the applicant to purchase the site and the anticipated cost of undertaking the proposed development and it is evident that this is a significant sum and one which I feel is comparable to a commercially operated agricultural enterprise. I feel the scale and nature of the operation meet the criteria under paragraph 3 of Annex A of PPS7 although I am conscious the enterprise is not established at the site I feel the scale of the proposed living area is equivalent to an agricultural worker’s dwelling for a medium/large scale unit and consider this would be appropriate for this operation.

Observations of Other Interested Parties None received Neighbour Observations Neighbours notified: 02 May 2007 Amended plans notified: N/A No. Of Responses Received: Two Nature of comments made:

* Traffic level increase, type of building proposed * The planting would obscure view and light from adjacent property. Planting closer to the buildings would screen them more effectively. Officer note: the tree planting is designed to follow the field boundaries to give the most natural appearance effect and although some non-native species might grow high enough to cause some loss of light, native trees as would be controlled by condition of planning permission is not considered to be unduly harmful.

Relevant Planning Policy Joint Lancashire Structure Plan: JS05 Development Outside Main & Market Towns Fylde Borough Local Plan: SP02 Development within countryside area EP10 Building design & landscape character EP11 Building design & landscape character Other Relevant Policy: PPS1: Delivering Sustainable Development PPG4: Industrial and Commercial Development and Small Firms PPS9: Nature Conservation PPG16: Archaeology and Planning Site Constraints Within countryside area

Environmental Impact Assessment This development falls within Schedule II of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended. A screening opinion has been carried out and officers have concluded that the application need not be accompanied by an Environmental Statement. Comment and Analysis The main issues are policy provision and sustainability and is the impact of the new buildings in the open countryside, visually and in terms of impact on ecology. The proposed use is specialist and does not fall readily into one of the categories of development referred to in the Local Plan. Policy SP2 presumes against development except where it properly falls within one of the following categories including that essentially required for the purposes of agriculture or other uses appropriate to a rural area. Horse related development is generally regarded as being an appropriate use for a rural area, subject to consideration of the impact of associated buildings and structures. Policies SP13 and SP14 provides for stables and equestrian centre developments which are similar, but not identical to this proposal. Policy EP11 allows development of a high standard of design etc. Although the nature of caring for the horses is very similar to the caring of beef cattle in terms of size of building and routine care including feeding and cleaning etc. the breeding of horses for sport is not provided for in the definition of agriculture. The number of horses requires a large amount of land for the large number of horses to be outside for large parts of the day as required and a countryside location is the most suitable for that requirement. As the business is a specialist use customers do not visit unannounced for numerous casual visits, only serious customers call to see the horse(s) after extensive discussion regarding the specification required and then subsequently to take the horse(s) away after purchase. Therefore the level of traffic generation is expected to be low. A resident staff member is required to be present when a horse or horses are foaling. The scheme incorporates a residential area within the main building and not as a separate dwelling. The accommodation provided for is minimal and can easily be removed if the business fails. As such a new dwelling would not be left in the countryside in such circumstances. The siting of the buildings in a dip in the land is considered to be in the position that minimises any visual impact. Although the floor area of the buildings is considerable, the County Land Agent considers that a building of this size is justified. The height of the buildings is the lowest possible given the height of the mechanised cleaning / 'mucking out' equipment. The yard area is not excessive given the necessary manoeuvring space required for long horse transporters etc. The County Highways authority has no objection to the access and parking/servicing area. The Ecology officer and Archaeology officers have no objection subject to standard conditions. There are no objections from any of the statutory consultees. There have been no recent applications for similar types of use in the countryside to be guided by and the Local Plan, of course, cannot provide for every types of specialist use. As 'horsiculture' is a use appropriate to a countryside area, as the level of activity both in terms of traffic and generally is expected to be low and as the details of the scheme are acceptable and the appearance of the built development works comply with policy EP11, it is considered that the proposal would not harm the appearance or character of the countryside area and a use objection cannot be substantiated. Conclusions

The proposal complies with the relevant local plan policies and government guidance and does not have an undue impact on the amenities of nearby residents nor on the visual amenity of the area. There are no material considerations other than those addressed above. The proposal is considered acceptable subject to the imposition of suitable conditions that would allay the concerns of neighbouring occupiers. Accordingly Members are recommended to grant planning permission. Recommendation That Planning Permission be GRANTED subject to the following conditions:


2. The external materials to be used in the development hereby approved shall accord entirely

with those indicated on the approved plans; any modification shall thereafter be agreed with the Local Planning Authority in writing prior to any substitution of the agreed materials. In the interests of visual amenity.


accordance with a scheme and programme which shall be submitted to and approved by the Local Planning Authority before any development is commenced. Specific details shall include finished levels, means of enclosures, car parking [as applicable] hard surfacing materials, minor artefacts and street furniture, play equipment, refuse receptacles, lighting and services as applicable soft landscape works shall include plans and written specifications noting species, plant size, number and densities and an implementation programme. The scheme and programme shall thereafter be varied only in accordance with proposals submitted to and approved by the Local Planning Authority and such variations shall be deemed to be incorporated in the approved scheme and programme. The approved landscaping scheme shall be implemented in a timetable of planting to be agreed in writing with the Local Planning Authority but which in any event shall be undertaken no later than the next available planting season. The developer shall advise the Local Planning Authority in writing of the date upon which landscaping works commence on site prior to the commencement of those works. To enhance the quality of the development in the interests of the amenities of the locality.

4. The whole of the landscape works, as approved shall be implemented and subsequently

maintained for a period of 10 years following the completion of the works. Maintenance shall comprise and include for the replacement of any trees, shrubs or hedges that are removed, dying, being seriously damaged or becoming seriously diseased within the above specified period, which shall be replaced by trees of a similar size and species. The whole of the planted areas shall be kept free of weeds, trees shall be pruned or thinned, at the appropriate times in accordance with current syvicultural practice. All tree stakes, ties, guys, guards and protective fencing shall be maintained in good repair and renewed as necessary. Mulching is required to a minimum layer of 75mm of spent mushroom compost or farm yard manure which should be applied around all tree and shrub planting after the initial watering. Weed growth over the whole of the planted area should be minimised.

Any grassed area shall be kept mown to the appropriate height and managed in accordance with the approved scheme and programme. To ensure a satisfactory standard of development and in the interest of visual amenity in the locality.

5. Samples of materials proposed for all hard surfaced areas of the site shall be submitted to

the Local Planning Authority for approval 14 days prior to the commencement of any surfacing work on site, and thereafter only approved materials shall be used either during the initial works or subsequently in any repairs to the surfaces. In the interests of visual amenity and to contribute to the overall quality of the development.

6. The car parking [and unloading and loading] area as indicated on the approved plan shall

be constructed, drained, surfaced and laid out to the satisfaction of the Local Planning Authority concurrently with the remainder of the development and shall be made available for use prior to the first occupation of the premises, and shall thereafter be retained to the satisfaction of the Local Planning Authority solely for the purposes of car parking for visitors to the site or delivery / collection vehicles. To provide satisfactory off-street parking in accordance with Council's adopted standards.

7. There shall be no construction works in relation to this planning permission during the bird

breeding season (March to July inclusive). To avoid impact on nesting birds in the interests of nature conservation.

8. No development shall take place until the applicant, or their agent or successors in title, has

secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority. A programme of archaeological works that will include evaluation and any subsequent excavation and recording deemed necessary shall be carried out as part of the development programme. To ensure and safeguard the recording and inspection of matters of archaeological importance associated with the site.

9. No part of the development hereby approved shall commence until a scheme for the

construction of the site access and the off-site works of highway improvement has been submitted to, and approved by, the Local Planning Authority in consultation with the Highway Authority. In order to satisfy the LPA and Highway Authority that the final details of the highway scheme/works are acceptable before work commences on site.

10. The drive and accompanying turning area shall be laid out in accordance with the approved

plans prior to the new access first being brought into use. To ensure that vehicles enter and leave the site in forward gear.

11. Notwithstanding the provision of Schedule 2, Part 2, Class A of the Town and Country

Planning General Permitted Development Order 1995 (or any new Order subsequently

superseding that Order), no fences, walls or other means of enclosure shall be erected upon the site without the prior formal consent of the Local Planning Authority. In the interests of visual amenity given its countryside location.



13. The development hereby approved shall be carried out in strict accordance with the

ecological assessment and method statement to the satisfaction of the Local Planning Authority in consultation with the Lancashire County Council Ecological Officer. In the interests of nature conservation.

14. Notwithstanding the provisions of the Town & Country Planning (General Permitted

Development) Order 1995 (as amended) [or any legislation that replaces or supersedes that Order], the approved new access to Mythop Road must remain ungated. In the interests of highway safety.

15. Before the access is used for vehicular purposes, that part of the access extending from the

highway boundary for a minimum distance of 20 metres into the site shall be appropriately paved in a hard surface material, the details of which shall be agreed in writing with the Local Planning Authority and thereafter shall remain as such. To prevent loose surface material from being carried on to the public highway thus causing a potential source of danger to other road users.

16. No part of the development hereby approved shall be occupied or opened for trading until

the approved scheme referred to in the previous Condition has been constructed and completed in accordance with the scheme details. In order that the traffic generated by the development does not exacerbate unsatisfactory highway conditions in advance of the completion of the highway scheme/works.

17. The occupation of the residential accommodation hereby approved shall be limited to a

person solely or mainly working at the equestrian facility, including any dependant's of such a person residing with him / her. The Local Planning Authority would not be prepared to permit the erection of a dwelling in this rural location unconnected with the use of the adjoining land and the condition is imposed in order to preserve the character and nature of this rural area.


Type of Application: Change of Use

Applicant:

Mr M Mills Agent : S Tortely

Location:

FORMER SHIP & ROYAL GARAGE, PLEASANT STREET, LYTHAM, LYTHAM ST ANNES

Proposal:

CHANGE OF USE OF UNITS 1,2,AND 3 FROM A1 RETAIL TO A3 CAFE/RESTAURANT. (AMENDMENT TO APPROVED APPLICATION 04/1216).


Weeks on Hand: 7

Case Officer: Helen Hockenhull

Reason for Delay:

N/A

Summary of Recommended Decision: Grant Summary of Officer Recommendation The proposed change of use accords with Local Plan Policy and there are no other material considerations arising which indicate the application should be determined otherwise. It is therefore recommended that permission be granted. Reason for Reporting to Committee The Agent involved in this application, Mr S Tortely, acts as Design Advisor to the Council. Site Description and Location The application site is located to the west of Pleasant Street, Lytham immediately to the north of the Ship And Royal Public House. The site was formerly the garage to the Public House. This building has been demolished and the construction of a new three storey building for 4 retail units on the ground floor and 8 residential flats on the first and second floor is currently under construction. An existing bar/restaurant lies immediately to the north of the site and retail premises to the west and south west. The site is located in Lytham Town Centre and in the Conservation Area. Details of Proposal Planning permission is being sought to change the use of Units 1,2 and 3 from A1 retail use to A3 cafe/restaurant use. There would be one A1 retail use remaining on the ground floor. There are no external alterations required to the approved building. It is proposed that the premises would be open from 7am to 9pm each day. Relevant Planning History Application No. Development Decision Date 04/1216 AMENDMENT TO 02/680 FOR 8 NO. Granted 01/03/2005

FLATS. 02/0680 RESERVED MATTERS ON APP. ON

01/439 FOR 3 STOREY RETAIL & RESIDENTIAL DEVELOPMENT (COMPRISING 8 NO. FLATS)

Granted 03/01/2003

01/0439 OUTLINE APPLICATION FOR A THREE STOREY RETAIL AND RESIDENTIAL DEVELOPMENT

Granted 19/06/2002

Relevant Planning Appeals History None. Parish Council Observations N/A Statutory Consultees Consumer Wellbeing and Protection No objections Observations of Other Interested Parties N/A Neighbour Observations Neighbours notified: 15 May 2007, Site Notice erected, Press Notice published No. Of Responses Received: None

Relevant Planning Policy Fylde Borough Local Plan: EP03 Conservation areas SH09 New development in town centres Other Relevant Policy: PPS1: Delivering Sustainable Development Site Constraints Conservation area site Environmental Impact Assessment This development does not fall within Schedule I or II of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended. Comment and Analysis Planning permission for the erection of a three storey building with 4 ground floor retail units and 8 residential flats on the first and second floors was originally granted outline planning permission in June 2002, Ref 01/439. The building is currently under construction. This current application seeks permission to change the use of 3 of the proposed 4 ground floor retail units from A1 retail to A3 cafe/restaurant use. There are no proposals for external alterations to the building.

The main issue in relation to this proposal is compliance with Fylde Borough Local Plan Policy SH9 of which concerns land uses in the town centre. This policy allows uses such as A1 retail, A2 Financial and professional services, A3 cafes and restaurants, hotels, community facilities etc within the town centre, subject to certain criteria being met. These criteria include that the use is appropriate to the site, the scale of development is appropriate, design and that the proposal does not detract from the character and appearance of the town centre, that the proposal does not result in significant harm to residential amenity. As the site is not located within an identified primary shopping frontage, the proposed A3 use would be an appropriate use in the town centre. It raises no issues in relation to the scale of the development. The building has already been approved, there are no alterations proposed and the design is considered to be appropriate. In terms of impact on residential amenity, the closest residences are those on the first and second floors above the proposed A3 units. Conditions imposed on the original outline planning permission require a scheme of sound proofing including the provision of double glazed windows to mitigate against any potential noise from the proposed retail units below and other cafes and bars in the immediate locality. It is considered that these measures would be adequate to protect the amenity of the future occupiers of the building from any noise from a ground floor A3 use. The Councils Consumer Protection and Wellbeing Section have raised no objection to the proposed change of use. The application proposes hours of use from 7 am to 9pm and it is considered appropriate to control the hours of opening to these times by the imposition of a planning condition in order to protect residential amenity. The proposed change of use is therefore considered to be acceptable and in compliance with Local Plan Policy SH9. The building is located in the Lytham Conservation Area. Policy EP3 of the Fylde Borough Local Plan aims to preserve and enhance the conservation areas of the Borough. As previously stated the building has already been approved and no external changes are proposed. There are therefore no implications for the conservation area. Conclusions The proposed change of use is considered to be in compliance with Fylde Borough Local Plan policies SH9 and EP3 and is therefore considered to be acceptable. There are no other material considerations which indicate the application should be determined otherwise. Recommendation That Planning Permission be GRANTED subject to the following conditions:


2. Unless otherwise agreed in writing by the local planning authority, the premises shall only

be open to members of the public between the hours of 7am and 9pm each day and, outside those hours, no customers shall be allowed to remain on the premises. In order to protect the amenity of residential properties in the upper floors of the building and in the locality.

3. Before the use hereby permitted is commenced, details of the position, design and

materials of any mechanical extraction and ventilation system, to eliminate all cooking smells and effluvia from the site, shall be submitted to the local planning authority for approval in writing. The approved details shall be implemented before the cafe/restaurant use commences. Such details are not included in the application and should be agreed to ensure a satisfactory form of development.




Mr & Mrs M Dagger Agent : Mr J Whiteside

Location:

SUNBEAM, BRADSHAW LANE, GREENHALGH, KIRKHAM

Proposal:

REPLACEMENT DWELLING AND NEW GARAGE (RESUBMISSION OF 06/0525)

Parish: Greenhalgh with Thistleton

Area Team: Area Team 2

Weeks on Hand: 6


Reason for Delay:

Not applicable

Summary of Recommended Decision: Grant Summary of Officer Recommendation The main issues for consideration in this application are contained within Policy HL4 and HL5 of the Fylde Borough Local Plan. It is considered that the proposal would not have a detrimental impact upon the amenities of nearby residential properties, will not have a harmful impact on visual amenity and will meet the criteria laid down in the policy. Members are recommended to grant planning permission subject to standard conditions. Reason for Reporting to Committee Having regard to the planning history of the site. Site Description and Location This site is occupied by an existing small bungalow only within an area of open countryside, close to Bradshaw Lane. There are a number of isolated residential properties and farmsteads dispersed throughout the surrounding area. Details of Proposal Proposed demolition of the bungalow and erection of a large, two storey dwellinghouse and double garage at rear corner of site. The house would have a 8.5 metres frontage, 7.7 metres main depth with a 6.2m depth, 4.7m width outrigger at the rear. It would be 4.8 metres eaves height and 8 metres ridge height. The new house would be sited over the eastern half of the existing floor print and extend further to the east and rear. It would front Bradshaw Lane as the existing bungalow does. The garage would be 6 metres width, 7 meters depth, 2.4 metres eaves height, 4.9 metres ridge height.

Relevant Planning History Application No.

Development Decision Date

06/0525 REPLACEMENT DWELLING AND NEW GARAGE Refused 04/08/2006 05/0193 RENEWAL OF PLANNING APPLICATION 02/0251 FOR

OUTLINE CONSENT FOR REPLACEMENT DWELLING Granted 25/04/2005

02/0251 RENEWAL OF O/L APPN. NO. 99/174 TO DEMOLISH EXISTING DWELLING & RE-BUILD

Granted 31/05/2002

99/0174 RENEWAL OF OUTLINE PERMISSION 5/96/0263 TO DEMOLISH AND REBUILD DWELLING

Granted 21/04/1999

96/0263 RENEWAL OF OUTLINE PERMISSION 5/93/0366 TO DEMOLISH AND REBUILD DWELLING

Granted 22/05/1996

93/0366 RENEWAL OF OUTLINE PERMISSION 5/90/0370 TO DEMOLISH AND REBUILD EXISTING DWELLING

Granted 14/07/1993

90/0370 OUTLINE TO DEMOLISH AND REBUILD EXISTING DWELLING

Granted 15/08/1990

87/0015 OUTLINE REPLACEMENT OF DWELLING Refused 02/05/1987 Relevant Planning Appeals History Application No. Development Decision Date 06/0525 REPLACEMENT DWELLING AND NEW GARAGE Dismiss 23/02/2007 Parish Council Observations Greenhalgh with Thistleton Parish Council (notified on 22 May 2007) Summary of Response None received at time of writing this report. Comments are expected 27/6/07 (following PC meeting of 26/6/07) Statutory Consultees Environment Directorate No objection

Streetscene Management - Drainage & Flood Defence Any comments to be reported via late observations schedule (or verbally) at the

Committee meeting

Local Plans - Tree Officer Owing to poor tree management over the years, the tree is not expected to thrive for many

years to come and the loss of the tree to construct the development is not a reason for refusal of the proposal

Observations of Other Interested Parties None received Neighbour Observations Neighbours notified: 22 May 2007 No. Of Responses Received: Two

Nature of comments made: overly large dwelling for site and for the site setting, particularly within the lane foul sewage tank performing at capacity

Relevant Planning Policy Joint Lancashire Structure Plan: JS05 Development Outside Main & Market Towns Fylde Borough Local Plan: SP02 Development within countryside area HL04 Replacement and extension of rural dwellings HL05 House extensions and incidental buildings HL01 New residential development HL02 Development control criteria for new housing proposals Other Relevant Policy: PPS1: Delivering Sustainable Development PPS7: Sustainable Development in Rural Areas Site Constraints Within countryside area Environmental Impact Assessment This development does not fall within Schedule I or II of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended. Comment and Analysis The Local Plan policy HL4 does not allow replacement dwellings where the resulting development is out of character with the area or other traditional dwellings in the location. This part of Bradshaw Lane has a distinctive character: there are large farmhouses set well back from the road that have large and high frontages giving a large scale and there are smaller houses close to the road that have compact frontages. The existing dwelling is not one of the large farmhouse style houses and is sited close to the road and therefore any replacement house should be more akin to the smaller houses and should specifically have a compact, small scale appearance. It is considered that the size and scale of the dwelling would not have an unduly emphatic presence in the lane and its design would blend in to the street scene well enough not to be obtrusive. The scheme overcomes the objection to the previous scheme. The proposal would involve removal of a large, elderly tree at the front corner of the site which would affect the setting of the site, however the Council's Trees & Woodlands / Landscape Officer has advised that owing to poor tree management over the years, the tree is not expected to thrive for many years to come and the loss of the tree to construct the development is not a reason for refusal of the proposal. Conclusions The proposal complies with the relevant local plan policies and government guidance and does not have an undue impact on the amenities of nearby residents nor on the visual amenity of the area. There are no material considerations other than those addressed above. The proposal is acceptable and therefore the application is recommended for approval.

Recommendation That Planning Permission be GRANTED subject to the following conditions:




3. The garage[s] shall be used as a private garage[s] only and no trade or business shall be

carried on, in or from the building[s]. To safeguard the amenities of the neighbourhood.

4. A full specification of all proposed surface materials shall be submitted to the Local

Planning Authority for approval prior to the commencement of the development; thereafter only those approved materials shall be used upon the development unless otherwise agreed in writing with the Local Planning Authority. In the interests of the overall quality of the finished development.


accordance with a scheme and programme which shall be submitted to and approved by the Local Planning Authority before any development is commenced. Specific details shall include finished levels, means of enclosures, car parking [as applicable] hard surfacing materials, minor artefacts and street furniture, play equipment, refuse receptacles, lighting and services as applicable soft landscape works shall include plans and written specifications noting species, plant size, number and densities and an implementation programme. The scheme and programme shall thereafter be varied only in accordance with proposals submitted to and approved by the Local Planning Authority and such variations shall be deemed to be incorporated in the approved scheme and programme. The approved landscaping scheme shall be implemented in a timetable of planting to be agreed in writing with the Local Planning Authority but which in any event shall be undertaken no later than the next available planting season. The developer shall advise the Local Planning Authority in writing of the date upon which landscaping works commence on site prior to the commencement of those works. To enhance the quality of the development in the interests of the amenities of the locality.

6. The whole of the landscape works, as approved shall be implemented and subsequently

maintained for a period of 10 years following the completion of the works. Maintenance shall comprise and include for the replacement of any trees, shrubs or hedges that are

removed, dying, being seriously damaged or becoming seriously diseased within the above specified period, which shall be replaced by trees of a similar size and species. The whole of the planted areas shall be kept free of weeds, trees shall be pruned or thinned, at the appropriate times in accordance with current syvicultural practice. All tree stakes, ties, guys, guards and protective fencing shall be maintained in good repair and renewed as necessary. Mulching is required to a minimum layer of 75mm of spent mushroom compost or farm yard manure which should be applied around all tree and shrub planting after the initial watering. Weed growth over the whole of the planted area should be minimised. Any grassed area shall be kept mown to the appropriate height and managed in accordance with the approved scheme and programme. To ensure a satisfactory standard of development and in the interest of visual amenity in the locality.

7. Notwithstanding the provision of Article 3, Schedule 2, Part 1, Class(es) A,B,C,D,E,F of

the Town and Country Planning General Permitted Development Order 1995 [or any Order revoking or re-enacting that Order], no further development of the dwelling[s] or curtilage(s) relevant to those classes shall be carried out without Planning Permission. [CLASS VARIABLES A House Extensions. B&C Roof Extensions/alterations D Porches E Curtilage buildings F Hardstanding G Fuel containers H Satellite antenna] To ensure that the Local Planning Authority has control over any future development of the dwelling[s] which may adversely affect the character and appearance of the dwelling[s] and the surrounding area.

8. Notwithstanding the provision of Class(es) A, B or C of Part 2 to Schedule 2 in Article 3 of

the Town and Country Planning General Permitted Development Order 1995 [or any Order revoking or re-enacting that Order], no further development of the dwelling[s] or curtilage(s) relevant to those classes shall be carried out without Planning Permission. [CLASS VARIABLES A Gates, walls, fences B New access C Exterior treatment] To ensure that the Local Planning Authority has control over any future development of the dwelling[s] which may adversely affect the character and appearance of the dwelling[s] and the surrounding area.






Fylde Borough Council Agent :

Location:

RECREATION LAND ON PARK VIEW ROAD, PARK VIEW ROAD, LYTHAM, LYTHAM ST ANNES

Proposal:

INSTALLATION OF A NEW PIECE OF PLAY EQUIPMENT.


Weeks on Hand: 4

Case Officer: Mr M Evans

Reason for Delay:

N/A

Summary of Recommended Decision: Grant Summary of Officer Recommendation This application relates to the erection of a piece of play equipment on land at Park View Playing Fields. The proposal is sufficiently distant from neighbouring residential property to avoid any disturbance and will not interfere with the playing pitches. Accordingly the proposal is in line with local plan policy and recommended for approval Reason for Reporting to Committee The application has been submitted by the Borough Council Site Description and Location The application site is situated on the southern part of Park View Playing Fields, between two existing play areas, one for younger children and the second a multi use games area designed for ball games. To the north of the site, on the opposite side of the cycle way are the playing field themselves, to the south is Liggard Brook beyond which is the Axa office building. The site is currently grassed, but is outside (and does not interfere with) the areas laid out as formal playing pitches. Details of Proposal Erection of a piece of multi activity play equipment with a base diameter of approximately 3m and an overall height of 6 metres. A curved slide projects from one side of the play equipment giving an overall maximum dimension of 6.56m x 7.76m Relevant Planning History Application No. Development Decision Date 04/1133 FORMATION OF PEDESTRIAN/CYCLE

SHARED USE PATH AND ERECTION Granted 08/12/2004

OF LIGHTING COLUMNS 98/0567 CHANGE OF USE OF LAND TO A

CONTRACTORS TEMPORARY SITE COMPOUND WITH


12/10/1998

Relevant Planning Appeals History None. Parish Council Observations Not applicable Statutory Consultees Not applicable Observations of Other Interested Parties None received Neighbour Observations Neighbours notified: 07 June 2007 No. Of Responses Received: None received at time of writing this report Relevant Planning Policy Fylde Borough Local Plan: TREC13 Public Open Space EP02 Open spaces within towns & villages SP01 Development within settlements Other Relevant Policy: PPS1: Delivering Sustainable Development Site Constraints Within urban area Environmental Impact Assessment This development does not fall within Schedule I or II of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended. Comment and Analysis This application relates to a piece of play equipment at a proposed playground at Park View Playing Fields. The erection of play equipment by or on behalf of a local authority is normally permitted development and planning permission is not therefore required for the majority of the equipment being erected as part of this project. As this particular "climbing frame" is higher than the 4m height limit imposed by the General Permitted Development Order planning permission is required in this instance. This piece of play equipment will be situated approximately 100m from the nearest dwelling (on Park View Road) and there should, therefore, be no disturbance to local residents. The equipment will also

be situated between established play areas and it will generally be viewed against the back drop of trees adjacent to Liggard Brook and the Axa office building behind. As such it is considered that there will be little in the way of visual intrusion from the proposed development. The play area will not interfere with any of the existing playing fields. Conclusions It is considered that the erection of this piece of play equipment in this location well away from residential properties and towards the edge of the open area were it will sit against a back drop of trees is appropriate and that planning permission should be granted. Recommendation That Planning Permission be GRANTED subject to the following conditions:


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