Development Management Committee Agenda - Fylde Borough ...

Agenda 

Development Management Committee 

Date 

Venue 

Committee members 

Wednesday, 7 November 2012 at 10:30 am 

Town Hall, St Annes 

Councillor Ben Aitken (Chairman) 

Councillor Kevin Eastham (Vice-Chairman) 

Councillors Tim Armit, Fabian Craig-Wilson, Maxine Chew, 

Peter Collins, Charlie Duffy, Dr Trevor Fiddler, Nigel 

Goodrich, Peter Hardy, Linda Nulty, Kiran Mulholland, Albert 

Pounder, Richard Redcliffe, Heather Speak, Vivienne Miller 

Willder 

Would Members please note the change of start time for the meeting. 

Item 

1 Declarations of Interest: Any member needing advice on 

Declarations of Interest should contact the Monitoring Officer 

before the meeting. 

2 Confirmation of Minutes: To confirm the minutes of the previous 

meeting held on 10 October 2012 as a correct record. 

3 Substitute Members: Details of any substitute members notified in 

accordance with council procedure rule 25. 

4 Development Management Matters 

5 List of Appeals Decided (For Information Only) 

Page 

1 

1 

1 

As 

Numbered 

138 - 147

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Development Management Committee Index 

07 November 2012 

Item No: Application 

No: 

Location/Proposal Recomm. Page 

No. 

1 11/0838 93 LYTHAM ROAD, FRECKLETON, 

PRESTON, PR4 1AB 

OUTLINE APPLICATION FOR LAND AT 

RUSKIN ROAD / NURSERY& FLORIST 

SHOP: SUB-DIVISION OF EXISTING 

HOUSE (THE REFUGE) INTO 3 

DWELLINGS, ERECTION OF 

EXTENSION TO FORM ADDITIONAL 

DWELLING AND ERECTION OF 11 

DWELLINGS TO REAR WITH 

ASSOCIATED GARAGING, PARKING 

AND LANDSCAPING. (ACCESS AND 

LAYOUT APPLIED FOR WITH ALL 

OTHER MATTERS RESERVED) 

2 12/0083 WESTHOLME GARAGE, FLEETWOOD 

ROAD, GREENHALGH WITH 

THISTLETON, PRESTON, PR4 3HE 

REPLACEMENT PETROL FILLING 

STATION WITH SHOP, CANOPY AND 

FORECOURT AND NEW DRIVE THRU' 

STARBUCKS COFFEE SHOP, 

INSTALLATION OF ATM, PARKING 

AND LANDSCAPING FOLLOWING 

DEMOLITION OF EXISTING PETROL 

FILLING STATION & ADJACENT 

DWELLING. 

3 12/0381 SITE E (BAXTER), LYTHAM ST ANNES 

WAY, WHITEHILLS BUSINESS PARK, 

WESTBY 

ERECTION OF 6 UNITS FOR B1/B2/B8 

USES 

4 12/0441 CLIFTON HALL, LODGE LANE, 

NEWTON WITH CLIFTON, PRESTON, 

PR4 0YA 

LISTED BUILDING CONSENT FOR 

DEMOLITION OF FORMER KENNEL 

BUILDING 

5 12/0451 10 CHILTERN CLOSE, LYTHAM ST 

ANNES, FY8 4TG 

PROPOSED FIRST FLOOR EXTENSION 

OVER GARAGE AND SINGLE STOREY 

TO REAR OF GARAGE 

Approve Subj 106 4 

Grant 16 

Grant 29 

Refuse 36 

Grant 49 

1

6 12/0471 1 MADELINE COTTAGE, BALLAM 

ROAD, WESTBY WITH PLUMPTONS, 

PRESTON, PR4 3PN 

PROPOSED ERECTION OF 

REPLACEMENT DWELLING AND 

PARTIAL DEMOLITION AND 

ALTERATIONS TO EXISTING 

PROPERTY 

7 12/0499 LAND REAR 13 TO 63 WESTGATE 

ROAD, -LA WESTGATE ROAD, 

LYTHAM ST ANNES, FY8 2SG 

EXTENSION OF TIME LIMIT ON 

APPLICATION 08/0992 FOR 

DEMOLITION OF 2 No. DWELLINGS 

AND ERECTION OF 72 No. 

RESIDENTIAL PROPERTIES (46 No. 

APARTMENTS AND 26 No. HOUSES) 

AND FORMATION OF NEW 

VEHICULAR/PEDESTRIAN ACCESS 

Grant 54 

Grant 62 

8 12/0510 MELTON GROVE, LYTHAM ST ANNES Refuse 83 

PROPOSED ERECTION OF A 

DETACHED DWELLING 

9 12/0524 GEORGES GARAGE, 45 LYTHAM ROAD, 

BRYNING WITH WARTON, PRESTON, 

PR4 1AD 

PROPOSED ERECTION OF BUILDING 

PROVIDING TWO CLASS A1 RETAIL 

UNITS (COMBINED INTERNAL FLOOR 

AREA OF 469M2) INCLUDING A NEW 

PEDESTRIAN CROSSING OVER 

LYTHAM ROAD FOLLOWING 

DEMOLITION OF EXISTING BUILDINGS 

ON SITE (RESUBMISSION OF 

APPLICATION 11/0564) 

10 12/0527 GEORGES GARAGE, 45 LYTHAM ROAD, 

BRYNING WITH WARTON, PRESTON, 

PR4 1AD 

OUTLINE APPLICATION FOR THE 

PROPOSED DEVELOPMENT OF UP TO 

16 NO. DWELLINGS (ACCESS FROM 

POST LANE APPLIED FOR WITH ALL 

OTHER MATTERS RESERVED) 

11 12/0537 FBC DEPOT, 211 ST DAVIDS ROAD 

NORTH, LYTHAM ST ANNES, FY8 2JS 

PROPOSED ERECTION OF 32 NO 

DWELLINGS IN A MIX OF SEMI- 

DETACHED HOUSES, TERRACES, 

BUNGALOWS, AND APARTMENTS, 

FOLLOWING DEMOLITION OF 

Grant 94 



2

EXISTING DEPOT. 

12 12/0624 GAS SITE TO THE REAR OF SASWICK 

HOUSE, ROSEACRE ROAD, TREALES, 

ROSEACRE AND WHARLES, PRESTON 

LANCASHIRE COUNTY COUNCIL 

APPLICATION TO INSTALL A 

CONTAINER FOR MATERIALS AND 

EQUIPMENT STORAGE AT EXISTING 

WELL SITE. 

Raise No 

Objection 

133 

3

Development Management Committee Schedule 

07 November 2012 

Item Number: 1 Committee Date: 07 November 2012 

Application Reference: 11/0838 Type of Application: Outline Planning 

Permission 

Applicant: Bush Nurseries Agent : Graham Anthony 

Associates 

Location: 

93 LYTHAM ROAD, FRECKLETON, PRESTON, PR4 1AB 

Proposal: OUTLINE APPLICATION FOR LAND AT RUSKIN ROAD / 

NURSERY& FLORIST SHOP: SUB-DIVISION OF EXISTING HOUSE 

(THE REFUGE) INTO 3 DWELLINGS, ERECTION OF EXTENSION 

TO FORM ADDITIONAL DWELLING AND ERECTION OF 11 

DWELLINGS TO REAR WITH ASSOCIATED GARAGING, PARKING 

AND LANDSCAPING. (ACCESS AND LAYOUT APPLIED FOR WITH 

ALL OTHER MATTERS RESERVED) 

Parish: Freckleton Area Team: Area Team 1 

Weeks on Hand: 44 Case Officer: Mrs C Kitching 

Reason for Delay: 

Negotiations to resolve difficulties 

Summary of Recommended Decision: Approve Subj 106 

Summary of Officer Recommendation 

The proposal involves the redevelopment of a site in Freckleton that is currently operating as a 

flower shop and a single dwelling to provide for a total of 14 dwellings. This is through a 

combination of the alteration and extension of the existing dwelling to provide 4 properties, 

and the erection of 11 new dwellings on the site of the retail unit and its car park. 

The site is located within the settlement where development is supported and is previously 

developed land that has residential properties on 3 sides and the health centre on the fourth. 

The principle of housing in such circumstances is acceptable in principle. The access and 

layout arrangements proposed have been revised since first submission and are now also 

acceptable. Accordingly the proposal is in compliance with the relevant policies of the Fylde 

Borough Local Plan and the guidance in the NPPF, and is recommended for approval subject 

to a s106 agreement to secure appropriate contributions towards affordable housing, public 

open space and public realm works. 

Reason for Reporting to Committee 

The proposal involves major development, and as officers are in support of the proposal it must be 

determined at Committee. 

Site Description and Location 

4

The site is located within Freckleton village and is just off Lytham Road which is the main 

thoroughfare through the village, approximately half way between Derwent Drive and Clitheroes 

Lane junctions with that road. 

The main part of the site is rectangular and measures 80m x 40m with a florist shop at the north 

accessed from Lytham Road via Ruskin Avenue with a large customers’ car parking area, and the 

owner’s house at the rear ('The Refuge') which is accessed from Douglas Drive. 

To the west is Freckleton Health Centre, to the east is the back gardens of houses on Bramwell Road. 

The location of the development site is Ruskin Road which is within the village of Freckleton. 

Ruskin Road serves the florist site and two houses: 1 & 3 Ruskin Road. 

Details of Proposal 

The application is in outline and proposes residential development of the site to replace the existing 

shop, car park and dwelling. The result of this is that the existing dwelling is extended to the side at 

two storey and the resultant building converted to 4 dwellings; 11 two storey properties in a mix of 

pairs and terraces of three are constructed. 

The application is for the access and layout. Two of the dwellings in the converted house are to be 

accessed from the existing access to that property which is from Douglas Drive, with the remaining 

properties accessed from Lytham Road via an extension to Ruskin Avenue which is a formed into a 

cul-de-sac with turning head and the dwellings arranged around. This layout has been revised since 

the application was first submitted to improve the relationship on site and with off site neighbours. 

The scale and appearance of the dwellings and the landscaping of the site is reserved for later 

consideration. 

Relevant Planning History 

Application No. Development Decision Date 

86/0585 VEHICULAR ACCESS Granted 03/12/1986 

78/0278 REPLACEMENT OF EXISTING SHOP AND Granted 14/06/1978 

STORE. 

86/0189 RESERVED MATTERS - ONE 

DWELLINGHOUSE. 

Granted 18/06/1986 

Relevant Planning Appeals History 

None 

Parish Council Observations 

Freckleton Parish Council support as site is within the settlement. 

Statutory Consultees 

County Highway Authority 

They have been consulted on the original layout of the development and comment as 

follows: 

Traffic Impact 

They state that “the proposed development will only have a relatively minimal impact on 

the existing highway network; therefore, Highways will not object to the proposal in 

5

principle.” 

Layout 

The state that the “proposed subdivision of the existing house amounts to intensification of 

use of the property, and that the use of the existing vehicle access in Douglas Drive will 

be unsuitable for this purpose and will not be supported for highway safety reasons.” 

With regard to the proposed modification to the junction of Lytham Road and Ruskin 

Road they highlight that the access needs to provide for footways on both sides of Ruskin 

Road, have pedestrian strips within the development, and be designed to comply with the 

Manual for Street, Manual for Street 2 and the County Council's adopted document 

'Creating Civilised Streets'. They argue that the original layout did not achieve this 

standard, and request that it be revised to comply with the quoted guidance and so enable 

the road to be built to a layout and standard that would allow its adoption given the 

number of dwellings served. 

Parking 

They request that the parking provision meet their standards which for the development 

proposed would require 2 spaces for each dwelling. 

Developer Contribution 

As the application was submitted without an accessibility questionnaire, they undertook 

an accessibility assessment of the site. This found that the site had medium accessibility 

in terms of availability of services that can be assessed using sustainable modes of 

transportation such as walking, cycling, public transport etc, by occupants of the proposed 

development without recourse to car trips. 

Using this score and the scale of development, they request a developer contribution to 

wider transport measures as set out in the current Planning Obligations in Lancashire 

Policy Document (POLPD). This amounts to a total of £25,200. However, as a preferable 

alternative to this they request the provision of a pedestrian / cycle link between Lytham 

Road and Douglas Drive to improve the permeability of the village and to improve access 

to the health centre from Lytham Road and to the centre of the village from Douglas 

Drive. 

Ministry of Defence - Safeguarding 

No safeguarding objections 

BAe Systems 

No objection 

Electricity North West 

The Low Voltage supply to 'Refuge House' will probably remain, however, the position of 

the proposed driveway and the two car parking bays are over the supply and apparatus 

may need to be diverted at the cost of the developer. 

United Utilities - Water 

Raise no objection subject to their standard informative notes. 

Strategic Housing 

They confirm that there is a need for affordable housing delivery in Freckleton and that a 

sustainably located site within the settlement such as this should make its full contribution 

to the delivery of affordable housing. 

6

They request clarification that the site has not been designed at 14 dwellings to avoid the 

trigger for on-site affordable housing delivery at 15 dwellings, and request that if the 

planning officer is satisfied on this they should secure the standard 5% of open market 

value contribution as explained in the urban option of the Interim Housing Policy. 

County Ecology 

They comment that it “seems reasonably unlikely that the proposed development would 

have any significant ecological impacts” and suggest safeguarding conditions. 

Observations of Other Interested Parties 

None to report 

Neighbour Observations 

Neighbours notified: 11 January 2012 

Amended plans notified: 20 September 2012 

No. Of Responses Received: 15 

Nature of comments made: objection 

• Douglas Drive is hazardous at present particularly because of location of entrance to health 

centre car park; use of southern access for additional set of residents will increase risk of 

collisions and inconsiderate on-street parking 

• Increased traffic flow at north access will prevent residents of houses on Ruskin Road to use 

on-street parking facilities at the properties (there is not rear access of garage parking) and this 

will reduce value of home 

• Whilst I have no objection to the use of Ruskin Rd for access purposes only I do object to the 

taking of land, without recompense, which I and my neighbours currently use as private 

parking spaces. Also at present there are double yellow lines which the applicant does not 

extend to our front walls 

• Our garden is slightly lower than the proposed site and our garden will and does flood. We did 

have a stream running between our gardens which we filled in with soil so there must be an 

underground water table 

• Freckleton has sufficient 2 / 3 bedroom properties in the form of older and newer properties 

sufficient in availability not to necessitate further development in the area. 

• The size, depth, width and height of the proposed properties will give an unacceptable adverse 

impact on the existing properties adjacent the site by reason of overlooking, loss of privacy and 

visually overbearing impact 

• Noise levels from further properties would create an adverse effect on the neighbourhood area 

• Adverse effect on the local wildlife which includes bats, birds and small mammals 

• There is a young oak tree on site which should not be removed or damaged 

Relevant Planning Policy 

Regional Spatial Strategy: 

DP07 

Fylde Borough Local Plan: 

SP01 

HL02 

TREC17 

EP1 

Promote environmental quality 

Development within settlements 

Development control criteria for new housing proposals 

Public Open Space in residential development 

Environmental Improvements 

Other Relevant Policy: 

7

NPPF: 

IHP 

National Planning Policy Framework 

Interim Housing Policy 

Site Constraints 

None 

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 

Local Plan Allocation and Principle of Development 

The application site is within an area designated as settlement in Policy SP1 of the Fylde Borough 

Local Plan, where development is generally supported. With this being an application for residential 

development further guidance on the planning considerations is provided in Policy HL2, with the 

compliance with these assessed in this report below. 

Since the submission of the application the NPPF has been introduced which gives guidance on 

planning matters. This encourages the approval of schemes that deliver sustainable development, 

particularly when a local planning authority is unable to demonstrate a 5 year supply of housing 

supply. As this council is currently unable to do so, this is a weighty factor in favour of the 

development. 

As the site is already in partial residential use and is in a predominately residential area, the proposed 

use is compatible with the existing and neighbouring land uses. The site is outside of the Freckleton 

district centre and there are no policy objections to the loss of the retail unit in the site. 

The in-settlement location of the application site gives the site a good access to the existing services in 

the village and so allows it to be considered as the ‘sustainable development’ that is encouraged by 

NPPF. Accordingly the development is acceptable in principle. 

Access 

The existing access to the shop is from Lytham Road via Ruskin Road. This is a private road of a 

good width and construction that also serves a pair of dwellings but is without footpaths. The owners 

of these properties initially raised an issue with the development as the road is private and partly in 

their ownership, and so they have been served notice as landowners on the application. This satisfies 

the legislative requirements and any developer will need their land as it is fundamental to providing 

an appropriate standard of access to the adopted highway. 

The junction of Ruskin Road and Lytham Road provides good visibility in both directions and there 

are no issues from the highway authority concerning the additional use of this road from the 

development subject to it being improved as shown on the proposed plan with footways on each side. 

Accordingly the use of this access point is acceptable with a series of conditions needed to ensure that 

the necessary works are undertaken to bring it to adoptable standard. 

The internal road layout and parking arrangements proposed are also for consideration at this time as 

access and layout are part of this application. These provide a simple cul-de-sac with turning head 

and 2 parking spaces for each dwelling and so are also acceptable. 

Two of the dwellings are to be accessed from Douglas Drive via the existing access point that 

currently serves the detached house on the site. This is one of two that are centred on the outside of 

the 90 degree bend in Douglas Drive which is a largely residential road that also serves the health 

centre. Residents have expressed general highway safety concerns about traffic speeds on this road, 

8

and the highway authority opposes the use of this access point to serve the development. However, 

the access gives good visibility in both directions and it is not considered that the use by the two 

dwelling proposed is likely to be significantly greater than that from the existing larger property to 

warrant a refusal of this aspect on highway safety grounds. 

The application originally proposed a pedestrian and cycle route through from Douglas Drive to 

Lytham Road. However, there was some local opposition to this proposal, and it has been removed 

from the scheme. The highway authority consultation reply requests that a sum of £25,200 be paid by 

the developer to the County to assist with accessibility improvements in the area. This figure is 

generated from their matrix approach and they have not provided any details as to how the money 

would be spent. Accordingly your officers do not believe such a request would comply with the CIL 

regulations and it is not carried through to the officer recommendation on this application. 

Layout 

This is the second matter for consideration in this outline application. The proposal has always been 

to form 14 additional properties, bur the initial layout proposed these off a narrow road with pairs of 

semi-detached houses facing each other at only a 9m separation and with substandard relationships to 

the off-site neighbours. 

The layout has been amended to improve the internal road layout and re-orientate the proposed 

dwellings so that they provide a minimum of 19m in a facing relationship which is considered to be 

acceptable between new units in an urban location such as this. There is a terrace of three properties 

(Nos. 13, 14 & 15) that will back onto existing properties on Lytham Road, and will be prominent 

when entering the site as a consequence of their location close to the road. As a consequence of this 

relationship it is necessary to condition these properties to be true bungalows only, whereas all the 

other dwellings are to be two storey which is in line with the scale of the surrounding dwellings. 

Neighbour Relationships 

The site is adjacent to the health centre on the eastern side and takes advantage of this by placing the 

gable end of dwellings in close proximity to the boundary. Elsewhere, the site is undeniably tight to 

residential properties to the north, east and south. These generally back onto the site, with a couple of 

side-on relationships. Subject to the comments above about the dwellings on plots 13-15 it is 

considered that all these relationships are acceptable, although as a refection of the tight relationships 

it is appropriate to remove future permitted development rights so that the scale of any extensions can 

be properly assessed. 


The council’s Interim Housing Policy supports Policy SP1 in directing development towards 

settlement locations and seeks the delivery of affordable housing, public open space and public realm 

works as sought by NPPF, Policy TREC17 and Policy EP1 of the Fylde Borough Local Plan 

respectively. The trigger to require on site delivery of affordable housing is 15 units or more and as 

this scheme creates 14 additional dwellings it is just below that level. As such the possibility of 

delivering on-site affordable units has been discussed with the applicant’s agent, and remains a 

possibility, but at this stage is to remain flexible as either on-site delivery or the usual commuted sum 

in lieu of on-site delivery option at up to 5% of the open market value of the 14 additional dwellings. 

This funding could be utilised to deliver affordable housing in Freckleton where there is an identified 

demand in the council’s Housing Needs and Demand Study Update 2007. 

With regard to public open space, the site could only provide this on site but if the number of units 

were reduced. Given the benefits of delivery housing in this sustainable settlement location it is 

appropriate to meet this requirement with a commuted sum in lieu of on-site delivery option at up to 

2.5% of the open market value of the 14 additional dwellings. This funding could assist with the 

programmed enhancement of facilities at the Rawstrone Playing Fields in the village. 

With regard to public realm works, the Regeneration Framework 2010 identifies Freckleton district 

9

centre as the focus for a project of town centre improvements. The residents of the development 

would benefits from such works and so it is appropriate that the scheme delivers a commuted sum at 

up to 2.5% of the open market value of the 14 additional dwellings for these works. 

As always these amounts can be subject to viability assessments to ensure that they do not 

compromise the viability of the development, and will need to be the subject of a s106 agreement to 

be signed prior to the granting of any planning permission. Accordingly the recommendation should 

be to delegate authority to officers to negotiate the terms of this agreement, particularly with regard to 

the format of the affordable housing delivery. 

Conclusions 

The proposal involves the redevelopment of a site in Freckleton that is currently operating as a flower 

shop and a single dwelling to provide for a total of 14 dwellings. This is through a combination of the 

alteration and extension of the existing dwelling to provide 4 properties, and the erection of 11 new 

dwellings on the site of the retail unit and its car park. 

The site is located within the settlement where development is supported and is previously developed 

land that has residential properties on 3 sides and the health centre on the fourth. The principle of 

housing in such circumstances is acceptable in principle. The access and layout arrangements 

proposed have been revised since first submission and are now also acceptable. Accordingly the 

proposal is in compliance with the relevant policies of the Fylde Borough Local Plan and the guidance 

in the NPPF, and is recommended for approval subject to a s106 agreement to secure appropriate 

contributions towards affordable housing, public open space and public realm works. 

Recommendation 

That the decision to GRANT Planning Permission for the development be delegated to the Head of 

Planning and Regeneration. Such a permission to only be issued on the satisfactory completion of a 

legal agreement between the Council, applicant and other relevant parties to secure: 

• a financial contribution of up to 5 % of the market value of each proposed housing unit towards 

securing off site affordable housing, OR the delivery of not less than 30% of the additional 

dwellings created in the scheme as affordable dwellings along with the details of the tenure, 

occupation criteria, management and other such aspects of these affordable units 

• a financial contribution of up to 2.5% of the market value of each proposed housing unit towards 

securing off site public open space, 


securing public realm works in the vicinity of the site, 

The agreement will be expected to meet the full amounts quoted above in all cases, unless a viability 

appraisal has been agreed with the Local Planning Authority. 

And then be subject to the following conditions: 

1. 

In the case of any ‘Reserved Matter’, application for approval shall be made not later than 

the expiration of three years beginning with the date of this permission, and the 

development shall be begun not later than the expiration of two years from the final 

approval of the reserved matters or, in the case of approval on different dates, the final 

approval of the last such matter to be approved. 

In accordance with the provisions of Section 92 of the Town and Country Planning Act 

1990. 

10

2. Before any works are commenced on site, details of the reserved matters, namely 

appearance, landscaping, and scale, shall be submitted to and approved by the local 

planning authority and the development thereafter carried out in accordance with such 

approval. 

The application was submitted in outline and details of these matters still remain to be 

submitted 

3. 

That the planning permission hereby approved relates to the revised application forms 

dated 26 October 2012, location plan GA1770-LP-01 Rev D2 dated January 2011, and 

Proposed Site Plan GA1770-002 Rev D dated May 2012. 

In order to appropriately define the permission as agreed with the applicant’s agent. 

4. 

That the dwellings hereby approved shall be limited in scale to no more than two storeys, 

with the dwellings on plots 13, 14 & 15 limited to no more than a single storey. 

To ensure that the development has an appropriate relationship with the neighbouring 

properties and provides an acceptable standard of development. 

5. Prior to the commencement of any development hereby approved a schedule of all 

materials to be used on the external walls and roofs of the approved dwellings shall be 

submitted to and approved in writing by the Local Planning Authority. This specification 

shall include the size, colour and texture of the materials and shall be supported with 

samples of the materials where appropriate. Once this specification has been agreed it shall 

be utilised in the construction of the dwellings and only varied with the prior written 

consent of the Local Planning Authority. 

Such details are not shown on the application and to secure a satisfactory standard of 

development. 

6. Prior to the commencement of any development hereby approved a schedule of all hard 

surfacing materials to be used on the access roads, driveways, paths and any other hard 

surfaced areas within the development shall be submitted to and approved in writing by the 

Local Planning Authority. This specification shall include the size, colour and texture of 

the materials and shall be supported with samples of the materials where appropriate. Once 

this specification has been agreed it shall be utilised in the construction of the dwellings 

and only varied with the prior written consent of the Local Planning Authority. 


development. 

7. 

Prior to the commencement of any development hereby approved, a schedule of all 

boundary treatments around the site perimeter, between individual neighbouring plots and 

between plots and the internal roadway shall be submitted to and approved in writing by 

the Local Planning Authority. The development shall thereafter be constructed in full 

accordance with this approved schedule of boundaries. 

11

To provide an appropriate finished appearance of the development and to maintain an 

appropriate level of privacy between dwellings as required by Policy HL2 of the Fylde 

Borough Local Plan. 

8. 

Prior to the commencement of construction on any dwelling hereby approved, a 

satisfactory programmed landscaping scheme for the area of residential development 

including hard surfacing, means of enclosure, planting of the development, indications of 

all existing trees and hedgerows on the land and details of any to be retained, together with 

measures for their protection in the course of the development, shall be submitted to and 

approved in writing by the Local Planning Authority. The approved scheme shall be 

implemented during the first planting season following the completion of development and 

any tree or shrub planted which dies or is felled, uprooted, wilfully damaged or destroyed 

in the first five year period commencing with the date of planting shall be replaced by the 

applicants or their successors in title. 

To ensure a satisfactory form of development and to enhance the visual amenities of the 

locality, and in order to comply with saved Policy EP14 of the Fylde Borough Local Plan. 

9. 

Prior to the first occupation of any dwelling on the site, details shall be submitted to and 

approved in writing by the Local Planning Authority of the on-going maintenance of the 

communal areas of internal access roads and footways, areas of landscaping and all 

associated features such as streetlighting, signage, drains and boundary treatments that lie 

within these areas. The development shall thereafter be maintained in accordance with the 

approved schedule of maintenance. 

To ensure that the development is implemented and maintained to a satisfactory degree 

into the future. 

10. Notwithstanding the provision of Article 3, Schedule 2, Part 1, Classes 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. 

11. Notwithstanding the provision of Classes A and B 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 

12

curtilage(s) relevant to those classes shall be carried out without Planning Permission. 


A Gates, walls, fences 

B New access 

C Exterior treatment] 


the dwelling[s] which may adversely affect the character and appearance of the dwelling[s] 

and the surrounding area. 

12. 

Prior to any on site construction a Construction Plan shall be submitted to, and approved in 

writing by, the Local Planning Authority. The Plan is to include method and details of 

construction; including vehicle routing to the site, construction traffic parking and any 

temporary traffic management measures, times of construction, access and deliveries. Such 

a Construction Plan is to be implemented and adhered to during the construction of the 

development. 

To maintain the safe operation of the pedestrian and highway network in the area during 

construction given the proximity to residential properties. 

13. 

Prior to the commencement of development, a detailed levels plan indicting the existing 

and proposed ground levels and proposed finished floor levels throughout the site shall be 

submitted to and approved in writing by the Local Planning Authority. The development 

shall be implemented in full accordance with this plan, unless variations from it are 

previously agreed in writing by the Local Planning Authority. 

To ensure the site is constructed in a manner that ensure a satisfactory relationship with 

neighbouring dwellings and the land is appropriately drained as required by Policy HL2 

and EP30 of the Fylde Borough Local Plan 

14. 

Prior to the commencement of construction on any of the dwelling houses full details of the 

means of surface water drainage of the site, including the means of on site storage and 

attenuation rates, shall be submitted to and approved in writing by the Local Planning 

Authority. This system shall not include any connections to the public foul sewer system 

and should it involve a Sustainable Urban Drainage System (SUDS) then details of the 

future management of the SUDS and a management company that will be established to 

oversee the maintenance of the drainage system shall form part of the submitted scheme. 

The approved works shall thereafter be implemented and fully commissioned in line with 

an agreed phasing scheme and shall be maintained thereafter. 

To ensure a satisfactory means of drainage is provided and that there is no increase in the 

volumes of surface water discharged from the site. 

15. 

Prior to the commencement of construction on any of the dwelling houses full details of the 

means of foul water drainage of the site shall be submitted to and approved in writing by 

the Local Planning Authority. This approved scheme shall be implemented during the 

development and shall include that the development is drained on a separate system with 

13

only foul drainage connected into the foul sewer. 

To ensure that appropriate measures are taken to provide suitable drainage from the site as 

required by Policy EP25 of the Fylde Borough Local Plan. 

16. 

Prior to the first occupation of any dwelling hereby approved (other than units 1 or 2) the 

access between Lytham Road and the site shall be improved to accord with the details 

shown on the approved site plan defined in condition 3. These works shall include the 

improved width of the access way, the construction of footways at both sides of this access 

way and their connection to the existing footpath network on Lytham Road, the appropriate 

lighting of this access way, and the introduction of appropriate drainage. All such works 

shall be undertaken in accordance with the Lancashire County Council Specification for 

the Construction of Estate Roads so as to allow the access way and development to be 

adopted by the highway authority. 

To secure appropriate improvements to the access to the site from Lytham Road in the 

interests of highway safety. 

Summary of Reasons for Approving Planning Permission 

Fylde Borough Council has considered the proposed development in the context of the 

Development Plan, together with all relevant material considerations. The local planning 

authority considers that planning permission ought to be granted for the reasons 

summarised below. A full copy of the report which addresses all relevant considerations, 

is available on request to the local planning authority. 

The site is located within the settlement where development is supported and is previously 

developed land that has residential properties on 3 sides and the health centre on the fourth. 

The principle of housing in such circumstances is acceptable in principle. The access and 

layout arrangements proposed have been revised since first submission and are now also 

acceptable. Accordingly the proposal is in compliance with the relevant policies of the 

Fylde Borough Local Plan and the guidance in the NPPF, and is recommended for 

approval subject to a s106 agreement to secure appropriate contributions towards 

affordable housing, public open space and public realm works. 

14


Application Reference: 12/0083 Type of Application: Full Planning 

Permission 

Applicant: Euro Garages Limited Agent : GC Town and Country 

Planning 

Location: 

WESTHOLME GARAGE, FLEETWOOD ROAD, GREENHALGH 

WITH THISTLETON, PRESTON, PR4 3HE 

Proposal: 

REPLACEMENT PETROL FILLING STATION WITH SHOP, CANOPY 

AND FORECOURT AND NEW DRIVE THRU' STARBUCKS COFFEE 

SHOP, INSTALLATION OF ATM, PARKING AND LANDSCAPING 

FOLLOWING DEMOLITION OF EXISTING PETROL FILLING 

STATION & ADJACENT DWELLING. 

Parish: 

Greenhalgh with Area Team: Area Team 2 

Thistleton 

Weeks on Hand: 37 Case Officer: Eimear Cheetham 


Awaiting amended plans and deferral by Committee 

Summary of Recommended Decision: Grant 


This application proposes the redevelopment of an existing petrol filling station and the 

adjacent dwelling in order to provide a revised layout to the petrol filling station, a larger retail 

shop and the erection of a new building to provide a drive through coffee shop facility. 

Following submission of the application, the layout of the proposed development was revised 

in order to improve the layout and its relationship with adjacent dwellings and the landscaping 

of the site 

The application was considered at the last meeting of the Development Management 

Committee on 10 October 2012, when members deferred the determination of the application 

in order to seek: 

• Additional information from the applicant regarding the proposed foul and surface 

water drainage, 

• Further views from the Highway Agency regarding vehicular access, particularly 

potential for queuing HGVs, and 

• Additional information from the applicant regarding internal traffic and servicing 

arrangements. 

It is considered that the proposal is now acceptable subject to the imposition of conditions that 

will protect the residential amenity of neighbouring residents. The recommendation remains 

that planning permission ought to be granted, but there are now additional conditions seeking 

to: restrict the installation of high capacity HGV diesel pumps, restrict the use of the drive 

through solely as a coffee shop and to ensure precise details of the proposed septic tank and 

surface water discharges are agreed prior to installation. As the HGV diesel pumps have been 

removed, the conditions restricting their hours of operation have been deleted. 

16

Additional Comment and Analysis 

Following deferral of this application at the last meeting, further discussions have taken place with the 

applicant's agent in order to seek to address the issues raised by the Committee. 

Proposed foul and surface water drainage. 

The applicant's agent has now provided a revised drainage plan which confirms that the site will not 

be connected to mains drainage. The site is currently drained via a passive septic tank. This will be 

replaced by an active treatment plant such as a Klargester Biodisc or similar. The use of an active 

treatment plant will improve the quality of the discharges from the site over the existing situation. A 

revised drainage plan has been submitted which indicates that the treatment plant will be situated 

beneath the parking area and that the soak aways will drain towards the rear of the site. Surface water 

will also be drained via a soak away. The principle of such drainage is acceptable in rural locations 

such as this and this method of drainage is in accordance with the Environment Agency's Standing 

Advice. The precise details of the scheme will need to be controlled via a suitable planning condition. 

Vehicular Access and HGV queuing 

The committee requested that the further views of the Highway Agency regarding vehicular access, 

particularly the potential for queuing HGVs and their impact on road safety be obtained from the 

Highways Agency. Prior to seeking those views, the applicant's agent contacted officers to advise 

that the applicant was willing to delete the high speed diesel pumps from the application. This will 

obviously address the issue of queuing HGV traffic on the A585. 

Internal traffic and servicing arrangements. 

The applicant's agent has confirmed that the servicing of the drive through and the forecourt shop 

will take place from within the forecourt area. A revised plan is to be submitted to include an 

indication of the standing areas for servicing vehicles. 

The application was previously reported as follows. The recommendation remains that planning 

permission be granted, although the proposed conditions have changed in order to reflect the 

amendments to the application. 


The officer recommendation is at variance to that of the Parish Council. 


The site comprises an existing petrol station and adjacent two-storey detached dwelling located on the 

eastern side of Fleetwood Road in Greenhalgh, an area designated as countryside within the Fylde 

Borough Local Plan. To the rear/east and west of the site is agricultural land; to the north are a 

number of large detached residential dwellings; and to the south is agricultural land beyond which is 

Grange Farm. 


The application seeks full planning permission for the demolition of the existing petrol station and 

two-storey detached dwelling and erection of a petrol station with shop, canopy, forecourt, a 

Starbuck’s Drive-thru coffee shop, car parking and boundary fence. 

The shop unit would be located towards the rear, north corner of the site creating a footprint 

measuring approx 400 square metres with a sloping roof with a maximum height of 4.6m. The 

amended plan has moved the shop unit from immediately adjacent to the boundary with the 

17

neighbouring dwelling to provide an 8.5 metres from the shop to the garden boundary. Timber 

fencing measuring 2.4m in height would enclose the air-conditioning compound to the rear of the 

shop unit. 

The canopy would create a footprint measuring 378 square metres standing at a height of 5m from 

ground level to soffit and 6m to apex. 

The Starbuck’s coffee shop would be located in the southern corner of the site creating a footprint 

measuring 207.2 square metres with two different roof heights standing at heights of 4.1m and 6m 

from ground level. 

A total of 36 car parking spaces would be provided, two of which would be disabled parking spaces. 



05/0992 REMOVAL OF CONDITION 1 & 2 ON 

APPLICATION 98/0034 TO ALLOW 24 

HOURS OPERATION OF DIESEL 

PUMPS FOR HEAVY GOODS 

VEHICLES. 

01/0226 PROPOSED SINGLE STOREY 

EXTENSION FOR DISABLED TOILET 

AND STORAGE AREA 

01/0006 PROPOSED INSTALLATION OF AN 

AUTOMATED TELLER MACHINE 

98/0034 REMOVAL OF CONDITIONS 3 & 5 ON 

APPLICATION 5/84/554 TO PERMIT 2 

NO. HEAVY GOODS VEHICLE DIESEL 

PUMPS TO OPERATE 24 HOURS 

87/0238 AMENDMENT TO 5/86/81,RESITING OF 

OUTFALL DRAIN 

86/0081 RE-DEVELOPMENT OF GARAGE TO 

COMPLY WITH CONDITIONS 

85/0044 RESERVED MATTERS 

REDEVELOPMENT OF GARAGE AND 

PETROL STATION 

84/0554 REDEVELOPMENT OF EXISTING 

GARAGE TO FORM SELF-SERVICE 

PETROL STATION 

Refused 12/01/2006 

Granted 23/05/2001 

Granted 28/02/2001 

Granted 25/03/1998 

Withdrawn by 03/06/1987 

Applicant 

Granted 25/03/1987 

Refused 27/03/1985 

Refused 03/01/1985 

83/0664 OUTLINE REDEVELOPMENT OF Granted 25/04/1984 

EXISTING PREMISES 

80/0110 MOTOR CYCLE SHOWROOM Granted 02/04/1980 

79/0277 OUTLINE APPLICATION MOTOR 

CYCLE SHOWROOM 

Granted 14/11/1979 


98/0034 – Removal of conditions 3 and 5 to permit two heavy goods vehicle diesel pumps to operate 

over extended hours was allowed, but the appeal decision imposed alternative conditions which 

allowed the HGV diesel pumps to be used only between 07:00 and 20:00 and to be switched off at all 

other times. 


18

Greenhalgh with Thisleton Parish Council notified on 08 March 2012 

Summary of Response 

Greenhalgh with Thisleton Parish Council recommends refusal. 

At its recent meeting, Greenhalgh with Thistleton Parish Council considered the above-noted 

application. Whilst the Parish Council accepts the need for the refurbishment and modernisation of the 

filling station and the commercial necessity for the development of an enlarged retail/refreshment 

facility, it believes that the scale of the proposed development is too great for this sensitive 

Countryside location. 

The Parish Council recommends refusal for the undernoted reasons: 

1. In spite of the fact that the Application documents show a Certificate indicating that none 

of the proposed development comprises an agricultural holding, the additional land at the 

rear of the present site (and the neighbouring property of Sundown which would be 

demolished), is currently used in agriculture and is designated Countryside under the 

existing Local Plan. The quality of this land is 3a or better and thus should be protected. 

2. The scale of the development represents an over-intensive use of the enlarged site, 

particularly at the northern boundary. The proposed shop unit is located very close to the 

adjacent residential property of West View and this tall structure would dominate not 

only the property, but also the whole length of the rear garden cutting off light from the 

south. 

3. The scale of expansion of retail sales area and the seating capacity of the coffee 

house/fast food unit and the Drive-through facility is larger than that necessary to support 

the fuel filling station customer need, and would most likely generate significant 

additional visits. The proposed large number of car parking spaces underscores this 

viewpoint. The facility would probably qualify to be signed as ‘Local Services’ in both 

directions of the M55, thereby diverting additional traffic from the motorway. 

4. The A585 (Fleetwood Road) is congested and slow moving at peak times in spite of the 

installation of traffic lights on the motorway junction. Whilst the ‘ghost island’ assists 

traffic accessing the site from the south, exits from the garage towards the north are 

extremely dangerous. Any development proposal which increases the traffic using this 

site will cause more congestion and accident risk. 

5. Currently there are conditions which prohibit the refuelling of HGV’s in night-time hours. 

The Design/access and Planning Statement indicates that there will be no provision for 

HGV fuelling on the re-developed site; however, the plans show the location of a high 

speed pump in the bay adjacent to the highway. Should this be used for HGV fuelling 

there is no parking capacity for any queuing of large vehicles and therefore, any other 

HGV’s awaiting access to the pump would necessarily stand on the highway, blocking 

sight lines and obstructing traffic flows. 

6. Although there are few neighbours (all located to the north), the proposals now advanced 

will have very significant impact in terms of domination, noise and light pollution. The 

wider community would lose the impression of open countryside to the rear of residential 

properties by the scale of the buildings, canopy, signage and hard landscaping of car park 

areas. A significant large tree with decades of life will be lost to the rear. 

7. The application states that the existing properties are linked to main drainage. This is 

incorrect and no details are available of the type and location of any off mains systems. 

19

There is particular need to ensure that there is both appropriate capacity and protection as 

the risk of flushed petro-chemicals in local water sources is high. 

The Parish Council understands the need for Westholme Garage to be re-engineered and modernised. 

The acquisition of the neighbouring property of ‘Sundown’ allows an area for the development of 

perhaps a more modest a single unit housing both shop and refreshment facilities, without the need for 

the taking of any agricultural land or of causing serious harm to nearby residents. 

Additional Comments of Greenhalgh with Thisleton Parish Council 

The revised plan just fills in frontage view points with additional planting and conforms with their 

specialist document. The other additional evidence deals with sequential aspects of the facility 

location. Clearly a Drive-thru can't operate in Kirkham centre; however the fact that the plan 

envisages 70+ covers, would make it a venue to visit for social gatherings and that would impact of 

the viability of existing nearby urban establishments AND generate additional traffic on an already 

overcrowded road network. 

Please take these remarks in conjunction with the [original] submission as the Greenhalgh Parish 

Council objection to the proposed development. When the matter comes before the committee, a 

representative of our Council will address the DM Committee. 



As this is a trunk road, the views of the Highways Agency should be sought. 

Highways Agency 

No objections to the proposal. 

Environmental Protection Team 

No objections to the proposal in principle however I would require the following: 

The premises falls under the requirement of the Environmental Permitting Regulations 

2012 for the unloading and storage of petrol for which a permit is required. If the 

application will result in a significant change to the operation the applicant must inform 

the Environmental Protection Department of Fylde Borough Council. 

Environment Agency 

No comments received. 

United Utilities Group Plc 

No objections. 

Tree Officer 

The application has been amended to incorporate additional landscaping, including tree 

planting which is appropriate to the location. No objections are raised. 

LCC: (Ecology) 

It should be established whether or not the buildings, or any trees affected by the proposal, 

have features that may be used by roosting bats. If so then before the application is 

determined, a survey will need to be undertaken to establish the presence or absence of 

roosting bats. 

If roosting bats would be affected, then the proposed works may result in a breach of The 

Conservation of Habitats and Species Regulations 2010, unless a Natural England licence 

is issued prior to commencement of works. Fylde Borough Council should not approve 

20

the application if there is reason to believe that such a licence would not be issued. Fylde 

Borough Council should therefore have regard to the requirements of the Habitats 

Directive in reaching the planning decision. 

Unless the design of the development can be amended to avoid the loss of the 

aged/veteran tree and hedgerow, then the application should only be approved if Fylde 

Borough Council is satisfied that the need for, and benefits of, the development in that 

location clearly outweigh the loss and that adequate compensation for the loss will be 

accommodated. 


None 


Neighbours notified: 08 March 2012 

Amended plans notified: 6 July 2012 & 7 September 2012 

No. Of Responses Received: Eight letters have been received 

Nature of comments made: 

2. The garage is very close to adjacent dwellings 

• Increased traffic on this already very busy main road. 

• If the garage was to increase in any way and a coffee shop introduced there would be 

an increase in customer traffic past adjacent houses. 

• Bedrooms are located to the front of the house and therefore increased traffic will 

disturb our sleep and our peace in the daytime. 

• There will be an increase in heavy goods vehicles calling at the garage for coffee. 

• Noise will increase as additional customers enter the enlarged garage shop and this 

could be over 24 hrs. 

• Strong opposition to any lifting of any restrictions relating to heavy goods vehicles 

entering the garage. 

• Environmental issues such as litter, pollution and air quality especially relating to 

diesel and petrol fumes. 

• Better landscaping is required to absorb noise and fumes 

• Having the coffee shop open 24 hours will bring a lot of extra traffic onto the road 

late at night the coffee shop should be closed at 11pm, this would discourage the 

gathering of people after the pubs close causing problems for the area and local 

police. 

• With an extra 26 staff giving a total of 30 most as stated in the document will be 

under the age of 24 years where will the allocated smoking area be? 

• At the moment heavy goods lorries are not allowed in at night, will this still remain 

the same? 

• At the moment lorries line up at the front of my property to pull in for fuel, its bad 

enough during the day but at night in would be intolerable. 

• The development does seem to be on a large scale and I am worried about 

disturbances that will occur if opening is to be 24 hours. 

• I would in all honesty be very disappointed if a Council allowed this to go ahead in 

such a location but it looks like the likes of me and my neighbours will simply be 

ignored and big business will once again win. 

• Why would it be appropriate to have a Starbucks café open 24 hours on a site which 

has historically been designated for a garage only. 

• I believe they are trying to get round the current restriction on lorries filling up 

overnight by having this pump at the front of the new development. This will cause 

excess noise during the night. 

• If the Council and planning department were thinking of the people who live in this 

21

area then surely the application would be turned down out of hand. 

• No overall objection to the plans I do have reservations regarding the plan to 

demolish the dwelling house known as Atha An-Ri. This is a well built, well 

maintained family home. The UK is currently very short of good housing stock. 

• How does the change of use of agricultural land to business use fit within the 

Regional Spatial Strategy (which it would appear has replaced the Lancashire 

Structure Plan) and other guide lines? 

• The eight parking spaces down the boundary adjoining my property seems excessive 

as without these there would still be 35 parking spaces. 

• A 24 hour coffee shop is not essential to motorists and is not appropriate to the area, 

with bright lights and noise would change and harm the appearance of a mostly rural 

area and increase traffic at night. 

• Fleetwood Road is not a motorway but it will seem like one. 

• The petrol station may need to upgrade its petrol storage tanks because the ground is 

contaminated (planning application section 14) but it should not undermine the 

quality of life for people living in the area. 

• Adding a 24 hour coffee shop will be a major increase in the size of the commercial 

development site in a rural area. 

• Starbuck’s has a floor area of 196m2 and the sales building will be 286m2 plus two 

storage areas totalling 99m2 a grand total of 581m2 from the original 107m2 and 

that is just the built up area, it does not include the 43 parking spaces and the outside 

area. 

• Queuing lorries would make pulling out of our driveway very difficult and 

dangerous as we would not be able to see traffic coming from the south. 



DP01 

DP03 

DP04 

DP05 

DP06 

DP07 

DP08 

CLCR01 

CLCR02 


SP02 

EP11 

SH16 

EMP3 

SP08 

Other Relevant Guidance: 

NPPF 

Spatial Principles 

Promote Sustainable Economic Development 

Make the best use of existing resources and infrastructure 

Manage travel demand 

Marry opportunity and need 


Mainstreaming rural issues 

Central Lancashire city region priorities 

Development and investment in central Lancashire city region 

Development in countryside areas 

Building design & landscape character 

Restaurants & hot food shops 

Business & industrial uses outside defined area 

Expansion of existing business & commercial operations 



Within countryside area 



22



This application proposes the wholesale redevelopment of an existing petrol filling station. The 

development site would take in an existing dwelling adjacent to the filling station and an area of 

agricultural land to the rear. 

The key issues to be considered in the determination of this application are: Impact of the enlarged 

retail store and the new drive through on the vitality and viability of existing centres; Impact of the 

proposed development on adjacent residents as a result of increased activity and the built 

development; Impact on the rural character of the area and highway safety implications. 

Impact of the enlarged retail store and the new drive through on the vitality and viability of 

existing centres; 

The National Planning Policy Framework (para 26) advises that retail impact assessments are only 

required if the floor area of a new development is above a threshold of 2,500 sqm and that a 

sequential approach to applications should not be applied to small scale rural development (para 25). 

Having reviewed previous appeal decisions nationally, it is clear that the impact of retail stores at 

petrol filling stations is difficult to forecast as the trade diversion from existing centres cannot be 

readily assessed with any degree of certainty. 

The proposed retail floorspace provided in the forecourt shop would increase from around 107 sqm to 

227sq m. This will clearly allow a greater range of goods to be sold and could, therefore, draw in 

additional customers from the surrounding area, thus impacting on the viability of established centres. 

However, given the difficulty of assessing trade diversion mentioned above and the relatively modest 

retail floor area that would be provided, it is considered that any retail impact would be negligible. In 

addition, the store could act as a local store to serve the rural households in the immediate locality. 

The proposed drive thru facility would be approx 196 sq m and provide 65 covers. This would again 

potential divert trade from existing cafés and coffee shops in established centres. However, it is clear 

that the proposed facility is targeted at passing trade on the A585 and much of the business will be 

new to the area rather than being diverted from existing businesses. 

For the above reasons and having regard to the advice in the NPPF that retail impact assessments are 

not appropriate for small scale developments, particularly those in rural areas, it is considered that the 

proposal is acceptable in terms of retail impact. 

Impact of the proposed development on adjacent residents as a result of increased activity and 

built development; 

The proposed development will clearly increase the number of customers visiting the garage given the 

additional facilities that are to be provided. There is an existing level of disturbance to local residents 

from the existing facility and from passing traffic on this busy Trunk Road. The existing garage can 

open 24 hours although the existing HGV diesel pumps can only be used between 07:00 and 20:00. It 

is clear that there remains a need to control activity at the site given its proximity to local residents as 

well as preserving the rural character of the area. Accordingly, if planning permission were to be 

granted, it would be appropriate to control the hours of operation of the coffee shop/drive thru and the 

HGV pumps should be restricted to their current times of use, particularly as the pumps themselves 

will be located closer to the nearest dwelling. 

The new drive-thru facility would be located on the opposite side of the site to the adjacent residential 

property and the proposed main car parking area would be separated from the nearest dwelling by the 

proposed forecourt shop. This will ensure any disturbance is kept to a minimum. 

23

Since the original submission was made, the location of the proposed shop has been relocated away 

from the common boundary with the adjacent residential property to a position 8.5 metres into the 

site. This stand off distance is considered appropriate for a building of the height proposed. 

Rural Character 

The proposal includes the demolition of an existing dwelling in order to provide the expanded site. 

The original scheme has been amended in order to introduce additional landscaping to the site 

frontage and to the rear boundary were there is little landscaping at present. The new planting will 

take the form of a boundary hedge incorporating taller growing trees to the rear boundary. The 

planting of the front boundary has been amended to incorporate additional planted areas together with 

additional tree planting. 

Given that there is an existing filling station in this location and given the other built development 

along this stretch of the A585, it is considered that the scheme is acceptable in terms of its visual 

impact in the rural area. 

Highway safety implications. 

The Highways Agency has been consulted on this application as the access is via a Trunk Road. They 

have raised no objections to the proposal and the proposed access is, therefore, considered acceptable. 

Neighbours have commented that the revised layout of the site may result in vehicles queuing on the 

highway, particularly HGV vehicles and this will have an adverse impact on residential amenity. 

However these vehicles could have queued around the site, adjacent to residential properties, in the 

existing layout and it is considered that the proposal will have no greater amenity impact on 

neighbouring residents. 

Conclusions 

This proposal clearly represents a considerable increase in the scale of the present facility. However, 

given the guidance contained in the NPPF regarding retail facilities in rural areas and those below 

2,500 sq m in any event, it is considered that the scale of the proposed forecourt shop and the drive 

thru are appropriate. The design and layout of the development has been amended to minimise impact 

on neighbouring residents and the imposition of conditions to control the hours of operation will 

provide further mitigation. 


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 samples of facing materials 

[including details of mortar colour], and roof treatment, including colour, shall be 

submitted to and approved by the Local Planning Authority prior to the commencement of 

any built development works on site. Thereafter only those approved materials shall be 

used in the development unless otherwise agreed in writing with the Authority. 

24

In the interest of securing a satisfactory overall standard of development. 

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

12 August 2012. 

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, 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. 

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

Development) Order, as amended, no high speed/capacity HGV fuel pumps shall be 

installed or operated from the premises. 

In order to prevent the potential for queuing heavy goods vehicles along the A585, in the 

interests of highway safety. 

7. The drive-thru coffee shop hereby approved shall not be used except between the hours of 

on any day 

25

06:30 hours and 23.00 hours. 

To ensure that the proposed development does not prejudice the enjoyment by 

neighbouring occupiers of their properties. 

8. The retail floor area of the fore court shop hereby approved shall not exceed 227 sq m net. 

In order to prevent the establishment of a larger retail store which may impact on the 

vitality and viability of established centres. 

9. The development hereby permitted shall not commence until a scheme to assess possible 

contamination of land or groundwater affecting the site and appropriate remediation where 

found necessary has been submitted prior to the commencement of development and 

approved by the Local Planning Authority and until the measures approved in that scheme 

have been implemented. The scheme shall include all the following requirements: 

1. A desk-top study carried out by a competent person or persons to identify and evaluate 

all potential sources and impacts of land and/or ground water contamination relevant to 

the site. The requirements of the Local Planning Authority shall be fully established 

before the desk-top study is commenced and it shall conform to any such requirement. 

Two full copies of the desk-top study and a non technical summary shall be submitted 

to the Local Planning Authority upon completion. 

2. A site investigation shall be carried out by a competent person or persons to fully and 

effectively characterise the nature and extent of any land and/or groundwater 

contamination, and its implications. The site investigation shall not be commenced 

until: 

(i) the desk-top study has been completed, satisfying the requirements of paragraph 

(1) above. 

(ii) the requirements of the Local Planning Authority for the site investigations have 

been fully established, and 

(iii) the extent and methodology have been agreed in writing with the Local Planning 

Authority. Two full copies of a report on the completed site investigation shall be 

submitted to the Local Planning Authority without delay upon completion. 

3. A written method statement for the remediation of land and/or groundwater 

contamination affecting the site shall be agreed in writing with the Local Planning 

Authority prior to commencement, and all requirements shall be implemented and 

completed to the satisfaction of the Local Planning Authority by a competent person. 

No deviation shall be made from this scheme without the express written agreement of 

the Local Planning Authority. Two full copies of a full completion report confirming 

the objectives, methods, results and conclusions of all remediation works shall be 

submitted to the Local Planning Authority for assessment. 

To control and/or eradicate pollution of land or water in the interests of the environment 

and public safety. 

10. Prior to the commencement of development, a full drainage scheme incorporating details 

of foul and surface water provisions, based on sustainable drainage principles shall be 

submitted to and approved in writing by the Local Planning Authority. The approved 

scheme shall be implemented prior to any part of the development first comimg into use 

and shall subsequently be maintained. 

26

The scheme shall also include: 

* details of how the scheme shall be maintained and managed after completion. 

* surface water discharge rates. 

* details of the proposed foul drainage active treatment package 

To ensure adequate drainage of the site and to ensure future maintenance of the foul and 

surface water drainage system. 

11. 

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

Development) Order, as amended, or the Town & Country Planning (Use Classes) Order, 

as amended, the drive through facility hereby approved shall be used as a coffee shop only 

and for no other purposes falling within Use class A3 and no shall not be changed to any 

use falling within use classes A1 or A2 of the Order. 

In order to control the development and to prevent the establishment of inappropriate uses 

in this rural location. 







The proposed development complies with the policies contained within the National 

Planning Policy Framework and the Fylde Borough Local Plan in that the proposal is of a 

scale that is appropriate expansion of the existing facility. The scheme has been amended 

in order to protect the residential amenities of neighbouring occupiers and the imposition 

of planning conditions will provide further protection of amenity. 

27



Permission 

Applicant: 

DJ Bailey Electricals Agent : 

CFM Consultants Ltd 

Ltd 

Location: 

SITE E (BAXTER), LYTHAM ST ANNES WAY, WHITEHILLS 

BUSINESS PARK, WESTBY 

Proposal: 

ERECTION OF 6 UNITS FOR B1/B2/B8 USES 

Parish: Westby with Plumptons Area Team: Area Team 1 

Weeks on Hand: 20 Case Officer: Mr M Atherton 




The proposal complies with policy EMP1 of the Adopted Fylde Borough Local Plan as the 

principle of the use is considered acceptable, the design of the buildings is appropriate for this 

location and the development would have no detrimental impact on highway safety. 


This is a major application. 


The site is previously undeveloped land, amounting to 0.35 hectares, situated at the junction of 

Lytham St. Annes Way & Graceways. Opposite the site a residential development is under 

construction at the former Hollywood Nurseries. Within the Adopted Fylde Borough Local Plan the 

land is allocated as an Employment Area. 


Erection of 6 units within 3 separate buildings to be used for B1 (Business), B2 (General Industrial) & 

B8 (Storage & Distribution) purposes. 

Unit 1 would have dimensions of 20.1m long x 14m.1 wide x 7.5m high. 

The building containing units 2 & 3 would be 14.1m long x 14.1m wide x 7.3m high. 

Units 4, 5 & 6 would be 24.1m long x 11.1m wide x 7.5m high. 

The walls and roof would be finished in profile sheet metal cladding. 

29

Unit 1 would have its own dedicated vehicular access from Graceways and would be served by 11 car 

spaces. 

The remaining units would have their own vehicular access also from Graceways, served by 22 car 

spaces. 

It is proposed to landscape the site around its perimeter and within it. 



10/0351 RENEWAL OF APPLICATION 07/0433 

FOR PROPOSED FOOD AND DRINKS 

COURT INCORPORATING RETAIL 

CONVENIENCE STORE. 

07/1188 MODIFICATION OF CONDITION 7 ON 

APPLICATION 07/0433 TO EXTEND 

OPENING HOURS OF APPROVED 

FOOD COURT AND RETAIL UNIT 

07/0433 PROPOSED FOOD AND DRINKS 

COURT, INCORPORATING A RETAIL 

CONVENIENCE STORE. 

05/0427 TWO STOREY OFFICE DEVELOPMENT 

AND ASSOCIATED PARKING, 

MAINTENANCE AND STORAGE UNIT 

AND ASSOCIATED YARD AND 

CONSTRUCTION OF ACCESS ROAD. 


None. 


Westby with Plumptons Parish Council notified on 22 June 2012 

Summary of Response: No objections. 


Granted 14/07/2010 

Granted 21/04/2008 

Granted 22/06/2007 

Granted 13/06/2005 


No objection subject to a s.106 agreement to secure public transport funding & conditions. 

Blackpool Airport 

No response received 


United Utilities: 

No objection, the site must be drained on a separate system, with only foul drainage 

connected into the foul sewer. Surface water should be discharged to the soakaway/SUDS 

or to a watercourse which may require the consent of the Local Authority. 

30


Neighbours notified: 22 June 2012 

No. Of Responses Received: None 



DP01 

DP03 


EMP1 


NPPF: 



Business & industrial land allocations 






This area is allocated for B1, B2 & B8 uses within the Adopted Fylde Borough Local Plan, therefore, 

there are no issues with the principle of the proposed use, which complies with policy and is 

acceptable in this area. 

Following negotiations with the Applicant, improvements to the design of the buildings have been 

received with greater punctuation & variety to the elevations of the building which will improve the 

appearance of the development on a prominent corner plot within the Employment Area. 

The Highway Authority has no objection to the proposal. The parking provision comes within the 

maximum standards & the vehicular access is considered acceptable and would not amount to a 

danger to highway safety. The Highway Authority have requested a contribution towards 

improvements to public transport and green modes of travel, however, there is already funding in 

place for a bus route to the site and extensions to the cycle network which pass the site are to be 

funded by contributions already secured from neighbouring residential developments such as 

Hollywood and Westfield Nurseries. In this instance, it is not considered there are any transport 

improvements which this proposal could enhance. Consequently, it is recommended that this 

proposal be approved without any contributions towards off site highway improvement works. 

Conclusions 

The proposal complies with policy EMP1 of the Adopted Fylde Borough Local Plan as the principle 

of the use is considered acceptable, the design of the buildings is appropriate for this location and the 

development would have no detrimental impact on highway safety. 


That Planning Permission be GRANTED subject to the following conditions: 




31





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

22nd of October 2012 


3. Notwithstanding any denotation on the approved plans samples of the roof treatment and 

wall cladding [both inclusive of colour] shall be submitted to and approved by the Local 

Planning Authority prior to the commencement of any built development works on site. 

Thereafter only those approved materials shall be used in the development unless 

otherwise agreed in writing with the Authority. 

In order to ensure a satisfactory standard of development. 

4. A scheme for the external lighting of the building / premises / site curtilage [including 

degree of illumination] shall be submitted to and implemented to the satisfaction of the 

Local Planning Authority; any addition or alteration to the scheme shall be agreed in 

writing with the Authority. 

In the interests of visual / residential amenity. 

5. No retail or wholesale sales shall take place from the premises under any circumstances. 

To safeguard the amenities of the locality. 

6. There shall be no operative working from outside the proposed buildings. 

In the interests of safeguarding the amenities of the locality 

7. 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 

residents on the site, their visitors or delivery / collection vehicles. 

To provide satisfactory off-street parking in accordance with Council's adopted standards. 

8. The buildings shall not be occupied until a means of vehicle access has been constructed in 

accordance with the approved plans. 

To secure a satisfactory standard of development. 

32





materials, minor artefacts and street furniture, 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. 
















the locality. 

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. 

12. No goods of any description shall be stored other than within the defined buildings. 

In the interests of visual amenity. 

13. No development shall commence until details of the number and distribution of parking 

spaces for use by disabled persons have been submitted to, and approved in writing by, the 

local planning authority. The approved disabled car parking provision shall be retained at 

all times thereafter specifically for this purpose. 

To ensure the provision of adequate car parking on site for this purpose. 

33

14. No development shall commence until details of covered and secured cycle storage have 

been submitted to, and approved in writing by, the local planning authority. The details 

shall accord with the Lancashire County Council Parking Standards. The scheme shall be 

implemented in accordance with the approved details before the first occupation/use of the 

development. The facilities shall be retained at all times thereafter. 

To encourage sustainable transport modes. 







The proposed development complies with the policies contained within the National 

Planning Policy Framework and the Fylde Borough Local, in particular policy EMP1 of 

the Adopted Fylde Borough Local Plan, as the principle of the use is considered 

acceptable, the design of the buildings is appropriate for this location and the development 

would have no detrimental impact on highway safety. 

34


Application Reference: 12/0441 Type of Application: Listed Building Consent 

Applicant: Mr Bux Agent : Cassidy & Ashton 

Group Ltd 

Location: 

CLIFTON HALL, LODGE LANE, NEWTON WITH CLIFTON, 

PRESTON, PR4 0YA 

Proposal: 

LISTED BUILDING CONSENT FOR DEMOLITION OF FORMER 

KENNEL BUILDING 

Parish: Newton with Clifton Area Team: Area Team 2 

Weeks on Hand: 17 Case Officer: Ruth Thow 


Awaiting consultation responses and deferral by committee 

Summary of Recommended Decision: Refuse 


Members will recall that this application was on the agenda for the 12th September meeting 

and was deferred in order to allow the Committee to visit the site and to seek further comments 

from the heritage bodies consulted on the original application regarding the potential to 

relocate the kennels building to an alternative site within the grounds of Clifton Hall. The 

committee also resolved to invite a representative of the Georgian Group and/or English 

Heritage to attend the Committee's site visit. 

Due to the restructure of personnel at English Heritage and the uncertainty of an advisor for 

this region, it has not been possible to arrange a meeting with them, but the site visit is planned 

to precede the Committee meeting. However, further comments from the current English 

Heritage advisor have been provided and are included within the following report. 

The application seeks permission for the demolition of a protected building within the grounds 

of Clifton Hall, a Grade II Listed Building. It is considered that the applicant has failed to 

demonstrate that all reasonable alternative uses of the building have been explored and that its 

loss will achieve substantial public benefits. Additional landscaping or redevelopment 

proposed by the applicant is not sufficient to outweigh the loss of such an important historical 

building and therefore the application remains recommended for refusal by Members. 


This application is on the agenda at the request of Cllrs Collins and Oades for the following reason: 

"In view of the size, the historical and architectural importance of Clifton Hall......." 


The application site is Clifton Hall, Lodge Lane, Clifton and more specifically refers to a kennel 

building within the grounds of the hall. Clifton Hall is a Grade II listed building of a 'Tudor/Gothic' 

36

style, built around 1833 and constructed in red brick with sandstone dressings and green slate roof and 

is set within mature parklands. 

The kennel building is set away from the hall by approximately 23 metres to the north of the hall 

comprising a single storey white washed, simply designed brick building under a dark grey slate roof. 

The building is 'L' shaped and divided into bays with a walled open area fronting the hall. 

Partial demolition of the building was undertaken in September 2011 by the applicant following storm 

damage to part of the roof. 


This application seeks Listed Building Consent for the complete demolition of the former 'kennel 

building' situated approximately 23 metres to the north of Clifton Hall and described above, on the 

grounds that the building is disused, in an unsafe condition and beyond economic repair. 



11/0341 LISTED BUILDING CONSENT FOR 

DEMOLITION OF TWO 

OUTBUILDINGS CONSISTING OF A 

FORMER STABLE BLOCK (BARN 2) 

AND FORMER COACH HOUSE (BARN 

1). 

09/0604 Replacement gates to front and rear 

entrances at Clifton Hall. 

09/0605 Listed Building Consent for Replacement 

gates to front and rear entrances at Clifton 

Hall. 

09/0606 Reinstatement and extension to existing 

driveway, plus minor earthworks 


REINSTATEMENT AND EXTENSION 

TO EXISTING DRIVEWAY, PLUS 

MINOR EARTHWORK'S 

08/0752 CERTIFICATE OF LAWFULNESS FOR 

USE AS A SINGLE RESIDENTIAL 

DWELLING 

99/0846 RENEWAL OF APP. NO. 98/755 FOR 

CHANGE OF USE OF PART OF 

GROUND FLOOR FOR DESIGN & 

PRODUCTION OF SPORTS GARMENTS 

FOR TEMPORARY PERIOD OF 1 YEAR 

99/0792 RESUBMISSION OF 5/99/282 FOR 

CONVERSION AND EXTENSION OF 

EXISTING STABLE BLOCK AND 

COACH HOUSE TO FORM NEW 

PERMANENT PREMISES FOR MILANO 

INTERNATIONAL 

Granted 21/05/2012 

Granted 25/11/2009 

Granted 25/11/2009 

Granted 25/11/2009 

Granted 25/11/2009 

Approve 

Certificate 

07/10/2008 

Granted 03/02/2000 

Granted 05/01/2000 

99/0282 CONVERSION AND EXTENSION OF Refused 11/08/1999 

37

EXISTING STABLE BLOCK & COACH 

HOUSE TO FORM NEW PERMANENT 

PREMISES FOR MILANO 

INTERNATIONAL 

99/0283 LISTED BUILDING CONSENT FOR Granted 11/08/1999 

CONVERSION AND EXTENSIONS OF 

STABLE BLOCK AND COACH HOUSE 

98/0755 FURTHER PERIOD OF TEMPORARY Granted 30/12/1998 

CONSENT FOR ONE YEAR FOR THE 

CHANGE OF USE OF PART OF 

GROUND FLOOR FOR DESIGN & 

PRODUCTION OF SPORTS GARMENTS 

98/0756 LISTED BUILDING CONSENT FOR Granted 30/12/1998 

FURTHER PERIOD OF TEMPORARY 

CONSENT FOR ONE 

YEAR FOR THE CHANGE OF USE OF 

PART OF GROUND FLOOR FOR 

DESIGN & PRODUCTION OF SPORTS 

GARMENTS 

98/0042 REDEVELOPMENT OF EXISTING Refused 22/04/1998 

STABLE BLOCK TO ALLOW USE OF 

MANUFACTURE OF SPORTSWEAR 

(OFFICE & LIGHT INDUSTRIAL USE 

B1) ALSO RE-OPEN EXISTING ACCESS 

ROAD 

98/0043 LISTED BUILDING CONSENT TO Granted 22/04/1998 

DEMOLISH EXISTING STABLE BLOCK 

RETAINING PART OF SOUTH & WEST 

WALLS AND RE-BUILD EXTENDED 

PREMISES FOR MANUFACTURING OF 

SPORTSWEAR 


CHANGE USE OF GROUND FLOOR TO 

ALLOW DESIGN AND PRODUCTION 

OF SPORTS GARMENTS FOR 

TEMPORARY PERIOD OF ONE YEAR 

97/0695 CHANGE OF USE OF GROUND FLOOR Granted 05/11/1997 

FOR DESIGN & PRODUCTION OF 

SPORTS GARMENTS, FOR 



REPLACE EXISTING WINDOWS WITH 

DOUBLE GLAZED UNITS. 

96/0549 CHANGE OF USE OF GROUND FLOOR Granted 11/09/1996 

FOR DESIGN AND PRODUCTION OF 

SPORTS GARMENTS FOR 



CHANGE USE OF GROUND FLOOR TO 

ALLOW DESIGN AND PRODUCTION 

OF SPORTS GARMENTS FOR 


11/0046 ERECTION OF SINGLE STOREY 

SERVICE BLOCK WITH ATTACHED 

SWIMMING POOL BUILDING TO THE 

Withdrawn by 

Applicant 

22/08/2012 

38

REAR, CHANGE OF USE OF LAND FOR 

USE AS FORMAL GARDEN AREA, 

ERECTION OF DWELLING FOR STAFF 

ACCOMMODATION, FORMATION OF 

TENNIS COURT, ERECTION OF 

GARDEN ROOM TO LISTED WALL, 

DIVERSION OF EXISTING DRIVEWAY, 

CREATION OF POND 


EXTENSION AND ALTERATIONS TO 

EXISTING GARDEN WALL AND 

ASSOCIATED WORKS INCLUDING 

ERECTION OF SERVICE BLOCK WITH 

SWIMMING POOL, ERECTION OF 

STAFF ACCOMMODATION, ERECTION 

OF CLASSICAL GARDEN ROOM, 

EXTENSION TO FORMAL GARDEN 

AND DIVERSION OF DRIVEWAY 

76/0545 CHANGE OF USE FROM PRIVATE 

ESTATE TO HOLIDAY AND 

RECREATION PARK AND PROVISION 

OF HOLIDAY COTTAGES (PHASE 1) 









76/0717 CONVERSION OF EXISTING GARAGE 

INTO ESTATE WORKERS 

ACCOMMODATION 

76/0738 CONVERSION OF EXISTING STABLES 

TO CRAFT AND POTTERY CENTRE 

AND ERECTION OF 2NO. SHOP UNITS 

76/0724 OUTLINE APPLICATION FOR 

CHANGE OF USE FROM PRIVATE 

ESTATE TO PRIVATE COUNTRY PARK 

(PHASE 1) 

76/0725 OUTLINE APPLICATION FOR CHANGE 

OF USE FROM PRIVATE ESTATE TO 

PRIVATE COUNTRY PARK (PHASE 11) 


RESIDENCE TO HOTEL/RESTAURANT 

77/0489 CHANGE OF USE PART WOODLAND, 

PART UNUSED GARDEN AREA TO 

CARAVAN SITE. (45 STATIC AND 45 

TOURING CARAVANS) 

77/0490 ALTERATIONS AND EXTENSIONS TO 

LODGE. 

77/0491 ALTERATIONS TO COACH HOUSE TO 

RESTORE TO RESIDENTIAL USE 

77/0959 CHANGE OF USE FROM COUNTY 

HALL AND GROUNDS TO PRIVATE 

Withdrawn by 

Applicant 

Withdrawn by 

Applicant 

Withdrawn by 

Applicant 

Withdrawn by 

Applicant 

Withdrawn by 

Applicant 

Withdrawn by 

Applicant 

Withdrawn by 

Applicant 

Withdrawn by 

Applicant 

22/08/2012 

23/07/1976 

23/07/1976 

23/07/1976 

Granted 07/04/1978 

Withdrawn by 

Applicant 

Granted 14/09/1977 

Granted 14/09/1977 

Granted 25/01/1978 

39

SURGICAL NURSING HOME. 

78/0142 ACCESS AND HIGHWAY 

IMPROVEMENTS 

Withdrawn by 

Applicant 

78/0194 PRIVATE GARAGE Granted 05/04/1978 

79/0133 EXTENSION TO FORM SERVICE 

ENTRANCE AND GLASS WASH AREA, 

ALTERATIONS INTERNAL AND TO 

ONE WINDOW TO DRIVE ELEVATION 

AND PARKING. 

80/1025 OUTLINE APPLICATION FOR 25 BED 

HOSPITAL WARD, OPERATING 

THEATRE, ADMIN BLOCK AND 

KITCHEN 

Granted 25/04/1979 

Granted 06/05/1981 

82/0448 PRIVATE HOSPITAL Granted 03/11/1982 

79/0026 PRE-FABRICATED TIMBER BUILDING Granted 14/03/1979 

- STABLING FOR 4 HORSES. 

79/0919 OUTLINE - 1 DETACHED HOUSE AND Refused 12/12/1979 

GARAGE. 

82/0424 SITING OF MOBILE HOME. Refused 18/08/1982 

83/0869 CHANGE OF USE STORAGE BUILDING Refused 01/02/1984 

TO SHORT STAY ACCOMMODATION. 


Newton with Clifton Parish Council notified on 10 July 2012 


Following discussion council noted the additional information that had been provided to complement 

the original application and adopted a resolution that the application is supported and that planning 

permission in respect of the listed building consent, be granted for the proposed development. 


Local Plans - Tree Officer 

No comments have been received in respect of this application. Whilst there are protected 

trees within the Clifton Hall grounds, none are in close proximity to the kennel building. 

LCC: Archaeology, Biodiversity, Heritage, Landscape & Forestry 

Previous comments from Lancashire County Archaeology Service (LCAS) regarding 

proposed works at Clifton Hall (5/11/0341) have been in support of the Georgian 

Society's position that given the rarity of the former Clifton Hall kennels that Listed 

Building Consent for their demolition should not be granted, unless it could be shown 

that the building was indeed beyond economic repair. 

Although the Georgian Society have yet to respond to this new application to demolish 

the kennels, recent comments from English Heritage are in a similar vein, re-iterating the 

significance of the building and the fact that the applicant has failed to satisfactorily 

demonstrate the case for demolition. Indeed the admission from the applicant that the 

building's current poor state is due to a lack of maintenance would appear to render the 

issue of the cost of repair one that should not be a consideration in the determination of 

this application (see National Planning Policy Framework para. 130). 

LCAS would therefore wish to add their support to the position of both the Georgian 

Society and English Heritage in that the case for the demolition of the kennels has not 

been adequately justified, and that the application fails to meet the tests required by 

40

National Planning Policy Framework paragraphs 129-133 and the Borough Council's 

own Saved Local Plan Policy, and consequently would recommend that listed building 

consent for demolition be refused. 

However should the Borough Council consider that the above approach is unreasonable, 

or that other circumstances make such an approach unfeasible, then LCAS should be 

contacted in writing outlining the Borough Council's position, along with a request for any 

further comments, such as the need to secure archaeological recording (see NPPF para. 

141) by means of a condition, that LCAS would wish to make. 

LCC: Natural & Historic Environment Service (Ecology) 

none to-date 

Ancient Monuments Society 

none to-date 

The Council for British Archaeology 

none to-date 

The Georgian Group 

Thank you for informing the Georgian Group of an application to demolish the above 

building which stands within the curtilage of the GII listed Clifton Hall; after carefully 

examining the documentation provided the Group wishes to forward the following brief 

comments together with notice of its strong objection to this scheme. 

The Georgian Group has previously advised your authority (in relation to an earlier 

application to demolish this building) that very few early or mid-nineteenth century dog 

kennels have survived. We understand that English Heritage have recently confirmed that 

very few are know in the north west of England, and that this example is probably one of 

the earliest so far identified. 

This is an historically interesting small building which makes a strong positive 

contribution to the significance of the Clifton Hall estate and to the setting of the hall 

itself. It is relatively unusual for such kennels to be constructed independently of hunting 

stables. This would suggest that the Clifton Hall kennels were constructed to facilitate 

informal recreational hunting on foot rather than formal hunting on horseback. Kennels 

of this type should be regarded as being subsidiary to the main house, rather than to the 

type of stable and coach house complex normally associated with large rural dwellings of 

the period. It should be noted that the kennels stand at some distance from the remains of 

the former stables and coach house on the far side of the main approach drive to the hall, 

and thus its visual relationship with the remainder of the hall's subsidiary structures is also 

minimal. 

The National Planning Policy Framework lays down strict criteria for the determination of 

applications which will involve loss or harm to heritage assets. The Group must strongly 

advise that the applicants have failed to prove that the destruction of the building will lead 

to 'substantial public benefit' or that their loss would be outweighed by the benefit which 

would accrue from bringing the site back into use. They have also failed to provide 

evidence that the building is incapable of viable reuse either independently or as part of a 

discreet, sympathetic and well designed new subsidiary structure on the site. 

This is a rare and historically interesting small building which fully deserves statutory 

protection as a curtilage structure to the hall. Its destruction has not been satisfactorily 

justified in terms of the criteria laid down by Government and we therefore strongly 

41

ecommend that listed building consent should be refused. 

The Victorian Society 

none to-date 

Society for the Protection of Ancient Buildings 

none to-date 

English Heritage 

Summary 

The proposal involves the complete demolition of former dog kennels associated with 

Clifton Hall, a Grade II listed country house in West Lancashire. While the applicant 

acknowledges the rarity of this building type, the principal reason given for their 

demolition is their poor condition. 

English Heritage Advice 

Clifton Hall Estate 

Clifton Hall, which dates to 1832-3, was built for Sir Thomas Clifton of Lytham Hall 

probably by George Webster, a prominent architect in the region responsible for 

numerous notable country houses. The hall sits in a designed landscape of woodland and 

gardens and is accompanied by several ancillary buildings including stables, a coach 

house and dog kennels. 

The hall, in Tudor Gothic style, is occupied and in good repair. The stables and coach 

house have been altered and part of the coach house lost; listed building consent for the 

demolition of both buildings was granted in May 2012. 

Dog Kennels 

The dog kennels are a single storey brick construction of simple architectural style. they 

show evidence of more than one building phase with the original phase probably being the 

work of the house's architect, George Webster. Later additions appear from map evidence 

to have been made in the early 20th century with a subsequent reduction in size. The 

simple architectural style is interesting in the context of such an elaborately detailed house 

and may indicate the use of the kennels for dogs used for hunting on foot rather than on 

horseback. The evidential extension then reduction is also of interest as it may illustrate 

changing hunting activities or even wider circumstances on the estate. If cotemporary 

with Webster's main house then the kennels represent one of the region's earliest surviving 

examples of this building type, with only one earlier known example at Gisburne in 

Lancashire. Only 5 other examples survive and area protected by listing in the whole 

North-West of England. The kennels are in poor condition; the eastern part was 

demolished in September 2011 following partial collapse. 

Compliance with national and local planning policy 

It is imperative that, in order to comply with National Planning Policy Framework 

paragraph 133, the Local Authority should refuse consent unless it can be justified in the 

following terms: 

• Substantial public benefit; we do not consider that the loss of the dog kennels would 

provide any let along substantial public benefit. 

• Appropriate marketing has proven there is no viable use for the heritage assets; we are 

42

not aware of any marketing exercise or attempts to secure a viable use for the kennels. 

• Conservation by charitable ownership is not possible; has this avenue been explored 

by the applicant? 

• Harm or loss is outweighed by the benefit of bringing the site back into use; this has 

not been demonstrated in this case. 

Turning to policy EP5 of the Fylde Borough Local Plan, total or substantial loss may be 

justified in the following terms: 

• The applicant has demonstrated that every possible effort has been made to keep the 

building in use, we have not seen evidence of this. 

• No charitable or community use is practicable; again, this has not been demonstrated. 

• The building is wholly beyond repair; while the owner has neglected to keep the 

kennels in good repair - a failing which has led to the loss of part of the building and 

which we consider should be taken into consideration in this case - it has nowhere 

been demonstrated that the kennels are beyond repair. The greater part of the 

structure and, importantly, the most architecturally significant part survive in 

reasonable condition. 

• Demolition and redevelopment would provide substantial benefits for the community 

that decisively outweigh the loss from demolition; as above, we have not identified 

any, let alone substantial benefits to the community that offset the local, regional and 

national dis-benefit of the loss of this rare building type. 

• A detailed scheme for redevelopment of the site has been agreed; we do not believe 

this to be the case. 

In summary, the granting of permissions to demolish the dog kennels at Clifton Hall 

would appear to be contrary to every national and local planning policy relating to such 

issues. The previous granting of listed building consent for the demolition of the stables 

and coach house is regrettable and should in no way be seen as a precedent for the further 

loss of ancillary buildings at Clifton Hall. The historical and functional association of the 

dog kennels within the estate is primarily with the hall, not with either the stables or the 

coach house; as such, the role of the kennels as an ancillary structure to the hall (which is 

in sound structural and economic condition) should be preserved. 


English Heritage strongly objects to the granting of listed building consent for the 

demolition of the Clifton Hall dog kennels and accordingly advises the Local Authority 

that permission should be refused. This is on the grounds of the extreme rarity of this 

building type and the absence of any justification in terms of NPPF and local planning 

policy. 

Furthermore we advise that if the current application is refused, steps should be taken to 

ensure that the remainder of the kennels do not suffer a similar fate as the part already 

lost. The kennels should be sympathetically restored and a use found for them which, on 

a property of this size, should not be an insurmountable problem. If in due course further 

development is desired in this area then this must be judged on its own merits and may or 

may not be deemed acceptable; however, English Heritage would hope that the dog 

43

kennels could be sympathetically included in any such redevelopment without the need 

for their demolition. 

Further comments from EH (dated 29th August 2012) in response to letter from 

Garry Miller dated August 22nd 2012 

English Heritage reiterates its original advice that evidence of a phased construction does 

not detract from the building's architectural or historical significance. Quite the opposite 

in fact; evidence of evolving roles and building form can provide important information to 

enable an understanding how people used a particular building - or group of buildings in 

the case of a wider estate. For example this may reflect changing fashions in sporting and 

recreational pastimes or even the changing fortunes of the owner. The belief that Webster 

- a notable architect in the north-west was probably involved in the original design of the 

kennels simply adds to their value. I also repeat that the association of the kennels is with 

the house and not with the fated coach house or stables. 

We do not accept the argument that the poor condition of the building (or part of it) is in 

any way a material consideration in a planning case. The kennels are ancillary to a Grade 

II listed building, afforded legal protection due to special architectural and historical 

interest and importance on a national level. As such it is the responsibility of the current 

owner or guardian (with support from stakeholder's including the Local Authority and 

English Heritage) to guard against the devastating effects of slow attrition caused either 

by neglect or deliberate demolition and to maintain the heritage asset such that its 

significance is not irrevocably damaged or the asset lost for future generations altogether. 

Sadly this responsibility is not being upheld at Clifton. 

The sheer rarity of kennel buildings associated with large country houses is compounded 

by the early date of this example (only one in the north-west is thought to pre-date the 

Clifton kennels) and rather intensifies this situation. Please be clear that the loss of the 

Clifton Hall kennels would represent, in a single application, the loss of nearly 20% of 

this building type in the region. For comparison, imagine the permanent loss of 20% of 

our listed churches or pubs by eradicating the earliest ones. Only in the most exceptional 

cases where it is deemed that the public dis-benefit resulting from the total loss of a listed 

building is outweighed by public benefit offered by a proposal can a planning authority 

consider granting permission. This has certainly not been presented in this case. 

We would expect that with vision, creativity, and forethought the kennels building - 

repaired and in good condition - could have a valuable role to play in an evolving and 

changing estate at Clifton. 


None 


Neighbours notified: 10 July 2012 

No. Of Responses Received: none received 



EM01 

DP07 

Enhance and protect the region's environmental assets 


44


SP02 

EP05 

EP19 


NPPF: 


Demolition of listed buildings 

Protected species 



Listed Building 





Section 38 (6) of the Town and Country Planning Act 1990 requires that applications are determined 

in line with the development plan unless material considerations dictate otherwise. The development 

plan consists of the National Planning Policy Framework, the above Regional Spatial Strategy for the 

North West (RSS) and policies EP5 and EP19 the Fylde Borough Local Plan (as altered) October 

2005. 

The NPPF provides guidance at Section 12 in respect of Conserving and enhancing the historic 

environment. 

In determining applications, local planning authorities should require an applicant to describe the 

significance of any heritage assets affected, including any contribution made by their setting. The 

level of detail should be proportionate to the assets' importance and no more than is sufficient to 

understand to the potential impact of the proposal on their significance. As a minimum the relevant 

historic environment record should have been consulted and the heritage assets assessed using 

appropriate expertise where necessary. Where a site on which development is proposed includes or 

has the potential to include heritage assets with archaeological interest, local planning authorities 

should require developers to submit an appropriate desk based assessment and, where necessary, a 

field evaluation. 

Local planning authorities should identify and assess the particular significance of any heritage asset 

that may be affected by a proposal (including by development affecting the setting of a heritage asset) 

taking account of the available evidence and any necessary expertise. They should take this 

assessment into account when considering the impact of a proposal on a heritage asset, to avoid or 

minimise conflict between the heritage assets conservation and any aspect of the proposal. 

Where there is evidence of deliberate neglect of or damage to a heritage asset the deteriorated state 

of the heritage asset should not be taken into account in any decision. 

Policy EP5 of the local plan refers to the substantial demolition of a listed building and requires that 

four criteria area met. 

1. it can be demonstrated by the applicant that every possible effort has been made to continue 

the present use and; 

2. no suitable alternative use for the building including charitable or community use is 

practicable and 

3. the building is wholly beyond repair or its demolition and redevelopment would produce 

substantial benefits for the community which would decisively outweigh the loss resulting 

45

from the demolition; 

4. a detailed scheme for the redevelopment or reinstatement of the site has been agreed and a 

contract for the carrying out of those works has been entered into. 

In assessing the applications of this nature the council undertakes consultation with specialist bodies, 

advice was received in respect of an earlier application no. 11/0341 which sought listed building 

consent for the demolition of the coach house, stable building and the kennels. During the course of 

the application the applicant deleted the proposal to demolish the kennel building. 

In application 11/0341 the Georgian Group commented that the stable building had been radically 

altered in the recent past and the alterations had robbed the structure of its architectural interest and in 

relation to the coach house, the surviving structure was a tiny fragment of a once much larger 

complex of buildings which have now largely been destroyed, and whilst it was still of historic 

interest and ‘group value, its overall architectural significance had been seriously diminished. On the 

basis of this advice permission was granted for the demolition of these buildings on 21st May 2012. 

This current application is a 'stand-alone' application for the demolition of the former kennel building 

and the advice has been consistent from the specialist consultees, in respect of this in that this building 

is an example of a much rarer form of building and therefore of much more historical importance than 

the other buildings. This advice from both English Heritage and The Georgian Group is in contrast to 

the 'Heritage Assessment' conducted by Garry Miller, Architectural Historian and submitted by the 

applicant to support this application, which states that the kennels are of 'low significance': 

"Reason its contribution is low because although an example of an uncommon type, the building is 

derelict and approximately one-third has collapsed; remainder is not of any special architectural 

merit in comparison with the hall and coach house; presently has group value with the other 

buildings of the site, but this aspect will be eroded by demolition of the coach house and stables." 

During the time of the applicant's ownership of Clifton Hall incidences of storm damage have been 

sustained to the east side of the kennel building and that section of the building has subsequently 

suffered a partial collapse, in addition to this damage the applicant brought in diggers to remove some 

of the building fabric. 

The NPPF advises that where there is evidence of deliberate neglect of or damage to a heritage asset 

the deteriorated state of the heritage asset should not be taken into account in any decision. 

It is considered that the applicant has not demonstrated that any attempts to preserve this building 

have been undertaken and it has not been demonstrated in this or in earlier applications that the 

applicant has submitted, that the building is wholly beyond repair. 

The proposed demolition would impact upon the kennel building, the main hall and the other 

buildings and their setting. The impact of the loss of the kennel building on the hall, would be 

significant in that the association is primarily with the hall and is rare example of recreational hunting 

that took place in this area. 

The kennel building is removed from the group of buildings granted consent under 11/0341 for 

demolition and is not affected by the demolition of those buildings. 

Policy EP19 refers to protected species under The Wildlife and Countryside Act 1981 (As amended). 

The applicants have not submitted any survey with this application to demonstrate that no harm would 

come to any protected species as a result of this proposal. 

Conclusions 

During the course of preparation of this application for committee the applicants have submitted a 

46

esponse to the initial comments received from English Heritage and have submitted supplementary 

documents in respect of the historical assessment of the site, (from Garry Miller Historic Building 

Consultancy). 

These comments refer to the changes that have taken place since the kennels were constructed and 

place emphasis on the fact that these alterations are not the work of the architect Webster. The report 

submitted on 1st October was prepared to establish whether Clifton Hall was considered to be 

Georgian or early Victorian. This report provides a 'timeline' for architectural styles and reports that 

"in Lancashire Tudor Gothic is a style associated with the 1830s to the 1850s and therefore the early 

Victorian period." The report concludes that both Clifton Hall and its dog kennels were built during 

the early Victorian period. This report has been passed through to English Heritage to comment on 

whether the information would alter their position on the proposed demolition of the building. These 

comments had not been received at the time of drafting this report, and so will be reported as part of 

the Late Representations schedule if they are received before the Committee meeting. 

In addition to the above reports the applicant's argue that previous granting of approval for demolition 

of the coach house and stables has diminished the value of the kennel building. This view point is not 

accepted by English Heritage, who provide the Council with independent advice, who maintain that a 

phased construction does not detract from the buildings significance but provides an example of the 

changes in social history. In addition it is the buildings association with the hall that is important and 

not its association with the coach house and stable building given the changes that have occurred to 

these buildings to result in their present form. 

It has not been demonstrated that its loss is necessary to achieve substantial public benefits merely a 

private use. Alternative uses of the building do not appear to have been explored by the applicants, 

the neglect of the building by the applicant and the resultant condition the building is presently in is 

not sufficient justification for its demolition and consequently the proposal does not comply with the 

NPPF and Policy EP5 of the Fylde Borough Local Plan, as altered (October 2005). 


That Listed Building Consent be REFUSED for the following reasons: 

1. The kennel building is considered an important heritage assets and the applicant has failed 

to demonstrate that the building is wholly beyond repair and that all alternative uses of the 

building have been explored and that the demolition of the building will achieve substantial 

public benefit that outweighs the harm of its loss, the proposal is therefore contrary to the 

aims of the National Planning Policy Framework and Policy EP5 of the Fylde Borough 

Local Plan, as altered (October 2005). 

2. The applicant has failed to demonstrate that no harm would be incurred by any species 

protected under The Wildlife and Countryside Act 1981, (as amended) by way of 

ecological surveys, the proposed demolition is therefore contrary to the NPPF, policies 

DP7of the Regional Spatial Strategy and Policy EP19 of the Fylde Borough Local Plan, as 

altered (October 2005). 

47



Permission 

Applicant: Mr Buckley Agent : RDJ CREATIVE LTD 

Location: 

10 CHILTERN CLOSE, LYTHAM ST ANNES, FY8 4TG 

Proposal: 

PROPOSED FIRST FLOOR EXTENSION OVER GARAGE AND 

SINGLE STOREY TO REAR OF GARAGE 

Parish: St Johns Area Team: Area Team 1 

Weeks on Hand: 16 Case Officer: Mr D Shepherd 


In order to seek design Improvements 



The application is considered to comply with the relevant Design Notes of the Joint House 

Extensions SPD. It is accepted that there will be an impact upon the occupants of 8 Chiltern 

Close, however, the window in question on that property that would be affected is a secondary 

window serving the kitchen and there is a primary source of light within the same room - being 

the patio windows on the south/south-west elevation. Whilst there is a substantially glazed 

conservatory attached to number 8 outside the patio doors it is considered that sufficient light 

enters the kitchen despite the acknowledged reduction of natural light to the side window as a 

result of the proposal. 


At the request of Councillor Ackers. 


The application site comprises a two-storey detached dwelling with attached side garage/utility/store 

located within the cul de sac of Chiltern Close in the settlement of Lytham St Annes, as designated by 

the Fylde Borough local Plan. 


Planning permission is sought for the erection of a first floor side extension over the existing garage 

and a single storey rear extension behind the existing garage. 

The single storey element of the proposal would be set in 0.4m from the boundary with the adjacent 

property number 8, projecting 4.7m from the side elevation, extending 4.6m in depth standing at a 

height of 2.5m from ground level to eaves and to a maximum height of the roof of 4.2m with a 

pitched roof. The extension would provide additional living space. 

The first floor element would be over the ground floor footprint of the garage/utility/store and would 

49

e 5.8m deep by 5.1 metres wide. The depth is slightly more than the existing length of the garage by 

approximately 775mm. The roof would be pitched back and front. The eaves would match the main 

roof at 5.35m and the ridge would be at 6.9m (900mm below the main ridge). The additional room 

provided would be a bedroom. There are no new windows proposed in either the ground or first floor 

extensions. 

The extensions would be constructed using materials to match that of the existing dwelling, namely 

red rustic brick for the elevations and black clay tile for the roof. 


None. 


None. 


N/a 


None 


None 


Neighbours notified: 18 July 2012 

Amended plans notified: 8 October 2012 

No. Of Responses Received: Two, from same person, in relation to original plans and revised 

plans. 


Objections to original plans on the basis that the proposal would see a two storey blank wall 

7 feet away from neighbours side kitchen window. This would cause severe loss of light that 

neighbour feels the Right to Light Act of 1832 applies. 

Further comments from neighbour on revised plans. We still object to the revised planning 

proposal. Although the revision reduces the previous two storey element that was seven feet 

from our kitchen window to a single storey, it is still only seven feet away. Our view will 

still be spoilt and our concern is the loss of light to this window. If you applied a 45 degree 

rule it is considered that the extension above the garage would come well outside that 

boundary. 




SP01 

HL05 


NPPF: 

JHE 


House extensions 


Joint House Extensions SPD 

50


None 





The application proposal should be considered in relation to Design Note 2 Single storey side 

extensions, Design Note 3 First floor side extensions and Design Note 4 Single storey rear extensions, 

of the Joint House Extensions SPD. 

Design Note 2 really assumes a side extension beyond a side elevation where there is no other built 

development of the host property. It concerns itself with impact in the street, potential for terracing or 

linking effect where properties are of the same design and possible reduction in off road car parking 

spaces. Design issues in relation to the form and roofscape should complement that of the original 

property. In this case, the design is considered to complement that of the original property. 

Design Note 3 states that the form and design of side extensions should incorporate roofs which 

complement that of the original property. The proposal does that. It also refers to the fact that such 

extensions, if repeated on neighbouring properties where this could create a linking effect - should be 

avoided. In this case, the property is already up to the boundary as constructed. Due to the differing 

design of the application property and it's neighbour (no.8) and the position of the properties relative 

to each other, there is not considered to be any resultant linking effect. Both properties have separate 

means of access to the rear. 

Design Note 4 states that rear extensions should not project more than 3 metres along a boundary 

from the main rear wall of the adjoining property. Whilst the extension is set in 400mm from the side 

boundary and is 4.6m from the rear of the garage, it is actually only 1.35m projection from the main 

rear wall of the adjoining property - so is less than the 3 metres mentioned in the guidance. 

The proposal will cause some loss of light to the side window of the kitchen of 8 Chiltern Close. 

However, this is a secondary light source to this room - the main light comes from a set of patio doors 

in the south/south-east elevation of the property. There is a substantially glazed conservatory outside 

of the patio doors but due to the orientation of the dwelling, in a south/south-west direction at the rear, 

it is considered that a reason for refusal could not be substantiated in respect of loss of light. What 

should be borne in mind is that a wall of up to 2 metres in height could be constructed as permitted 

development along the boundary and an extension (again constructed as PD) to a maximum eaves 

height of 3 metres (4m maximum height) and 3m in depth. 

The impact on the street scene in general is considered to be acceptable and would not be detrimental 

to any visual amenity in the area. The extension would be constructed of matching materials and 

would have matching render and timber detailing to the main house. 

Conclusions 

The application is considered to comply with the relevant sections of the Joint House Extensions SPD. 

Whilst it is acknowledged that there will be an impact on the side window serving the kitchen at 

number 8, this is a secondary window - the main or primary light source to this room is from the patio 

doors on the south/south-east elevation of the property. It is not considered that a refusal in relation to 

the impact on this side kitchen window could be substantiated. The impact in the street scene is 

acceptable and the design is complementary to the main house. 

51


That planning permission be GRANTED subject to the following conditions. 








2. The materials of construction and/or finish in respect of the extension(s) hereby approved 

shall match those of the existing building entirely to the satisfaction of the Local Planning 

Authority. 

To ensure visual harmony in respect of the overall development. 







It is considered that the proposal does not detrimentally affect the adjacent property 8 

Chiltern Close, as that enjoys a main light source from a set of patio doors in the 

south/south-west elevation as well as the kitchen window facing the proposed extension. 

The design is acceptable utilising matching materials and the proposal is considered to 

comply with Policy HL5 of the Fylde Borough Local Plan (as altered) 2005 and relevant 

sections of the Joint House Extensions SPD (Design Notes 2, 3 and 4). 

52



Permission 

Applicant: TVAL Ltd Agent : Mr S Tortely 

Location: 

1 MADELINE COTTAGE, BALLAM ROAD, WESTBY WITH 

PLUMPTONS, PRESTON, PR4 3PN 

Proposal: 

PROPOSED ERECTION OF REPLACEMENT DWELLING AND 

PARTIAL DEMOLITION AND ALTERATIONS TO EXISTING 

PROPERTY 

Parish: Westby with Plumptons Area Team: Area Team 1 

Weeks on Hand: 14 Case Officer: Alan Pinder 


Delayed due to need to reconsult 



This application seeks planning permission for a replacement rural dwelling. Although the 

proposal fails to accord with the volume limits outlined in the preamble to policy HL4 of the 

Fylde Borough Local Plan the development as a whole is considered to accord with the aims 

of both HL4 and the recently introduced National Planning Policy Framework. As such 

members are recommended to approve the application. 


The applicant's agent is employed by Fylde Borough Council on an occasional basis to provide design 

guidance on planning applications. 


The application property is one of a pair of semi detached dwellings located on the northern side of 

Ballam Road, approximately 550 metres west of Fox Lane Ends. The surrounding area is designated 

as countryside in the Fylde Borough Local Plan. 


This application seeks full planning permission for the construction of a replacement 4 bedroomed, 

two storey dwelling, and the partial demolition of the existing dwelling (1 Madeline Cottage) to form 

a home office and gymnasium for use ancillary to the replacement dwelling. The new dwelling would 

have a footprint of approximately 16 metres across the frontage and 12 metres in depth, and a height 

of 6 metres. 

The proposed dwelling is of a low level contemporary design with an overall sustainability 

performance to level 5 of the Code for Sustainable Homes. At first floor it would consist of a 

combination of oak cladding and expanses of glazing to both maximise natural daylight and provide a 

54

level of transparency within the surrounding landscape. The ground floor would consist of a plinth of 

brickwork with elements of glazing, and the roof areas would be a mixture of sedum and recycled 

aluminium. 

With regard to the existing dwelling (No.1. Madeline Cottage), as part of this proposal it is intended 

to demolish the various extensions and additions that have been built onto the original building over 

the years and return it to its original symmetrical form. Two existing outbuildings would also be 

demolished as part of the proposal. 

The following supplementary documents have been submitted with the application: 

• Tree survey and arboricultural constraints assessment 

• Bat and Great Crested Newt surveys for the existing buildings and trees 

• Sustainability appraisal 



10/0196 PROPOSED TWO STOREY SIDE 

EXTENSION FOLLOWING 

DEMOLITION OF EXISTING 

CONSERVATORY AND ERECTION OF 

PORCH TO REAR 

Refused 03/06/2010 


None. 


Westby with Plumptons Parish Council notified on 01 August 2012 


No objections to the proposal, although a concern raised over the type of trees to be planted as part of 

the proposed landscaping. 


LCC: (Ecology) 

No objections to the proposal subject to appropriate conditions to implement the 

recommendations of the Bat and Great Crested Newt Survey. 


N/A 


Neighbours notified: 01 August 2012 

No. Of Responses Received: One (from adjoining neighbour at No.2 Madeline Cottage) 


No objection to the principle of the proposed development but raise the following concerns: 

55

• Loss of privacy and overlooking from the first floor bedrooms and balcony area. 

• The proposed tree 'T2' (as shown on the proposed landscaping drawing) could eventually 

lead to damage to the existing drains, shared boundary wall, and the foundations of No.2 

Madeline Cottage. It could also result in an unacceptable loss of light to No.2's kitchen, 

rear bathroom and bedroom during the summer months when in full leaf. 

• What is happening to the existing heating oil storage tank? 



DP01 

DP02 

RDF02 


SP02 

HL02 

HL04 


NPPF: 


Promote Sustainable Communities 

Rural areas 



Replacement and extension of rural dwellings 



Within Countryside 





The Existing Site 

The application property forms one of a pair of semi-detached dwellings fronting onto Ballam Road. 

The original building is understood to have been constructed in 1885 as a pair of farm worker's 

dwellings for the Clifton Estates and originally featured a symmetrical frontage with a central gable. 

Over the years No.1 Madeline Cottage has been extensively enlarged and altered so that in its current 

form the building as a whole now has a disjointed and unbalanced appearance along the frontage. The 

dwelling has a large curtilage spreading out to the west of the property and which features a small 

woodland in the north west corner. Three outbuildings are also located within the curtilage. 

The Principle of the Development 

The site is located in the countryside where policy HL4 of the Fylde Borough Local Plan applies in 

respect of replacement rural dwellings. The preamble to HL4 advises that replacement rural 

dwellings should have a total volume of no greater than 133% of the volume of the original dwelling, 

and the policy itself requires dwellings to be in keeping with the rural character of the area. With 

regard to No.1 Madeline Cottage the original dwelling has over the years been extensively increased 

in size by piecemeal additions and extensions to such an extent that the existing dwelling represents 

an increase well in excess of a 200% of the original dwelling's volume and hence well in excess of the 

133% referred to in HL4. As a result the existing building has a disjointed and unbalanced 

appearance to its Ballam Road frontage. The proposed replacement dwelling would also result in an 

overall volume increase well in excess of 133% of the volume of the original dwelling, however the 

site benefits from a large curtilage which would comfortably accommodate the dwelling, which would 

56

e more centrally located. Furthermore for the following reasons it is considered that when viewed as 

a whole the development would be of sufficient benefit as to outweigh the volume restrictions of 

HL4's preamble: 

• The building that forms the two semi-detached properties would be returned to its original 

symmetrical appearance along its frontage with Ballam Road. 

• Two of the existing outbuildings would be removed thus reducing the density of built structures 

on the site 

• The proposed dwelling is intended to meet the requirements for level 5 of the Code for 

Sustainable Homes and as such accords with the aims of the National Planning Policy Framework 

(NPPF) which seeks to promote energy efficient development and recognises that small scale 

projects such as this provide a valuable contribution to cutting greenhouse gas emissions 

(paragraph 98 of the NPPF). 

Design and Appearance 

The proposed dwelling is of a low level contemporary design with an overall sustainability 

performance to level 5 of the Code for Sustainable Homes. At first floor it would consist of a 

combination of oak cladding and expanses of glazing to both maximise natural daylight and provide a 

level of transparency within the surrounding landscape. The ground floor would consist of a plinth of 

brickwork with elements of glazing, and the roof areas would be a mixture of sedum and recycled 

aluminium. Although the proposed dwelling does not reflect a traditional rural design it is considered 

that the sustainability benefits that would be achieved by this dwelling overcome the non-traditional 

design. Furthermore the low level design of the dwelling, its proposed location within the site, the 

existing high boundary flora to the site, and the proposed landscaping scheme all combine to 

minimise its visual impact and blend it into the backdrop of the surrounding countryside. 

Relationship to Neighbours 

The only neighbour to be affected by the proposal is No.2 Madeline Cottage, which adjoins onto 

No.1. The occupiers of this property have raised their concern that the proposed dwelling will result 

in a loss of privacy to their rear garden. The proposed dwelling would have a first floor balcony area 

to the side elevation facing an area of No.2's rear curtilage. The distance between the balcony and the 

boundary with No.2 would be approximately 23 metres and the area of No.2's rear garden it is 

claimed would be overlooked is hardstanding occasionally used for car parking. It is noted that No.2's 

main garden area is located to the western side of the property and hence for these reasons it is not 

considered that overlooking and loss of privacy would be an issue on which a justification for refusal 

could be based. No other aspects of the proposed dwelling would affect No.2 by way of loss of 

amenity. 

Ecology Matters 

As the proposal involves works to demolish buildings in an area where bats, barn owls and great 

crested newts are suspected the application has submitted various surveys to address concerns over 

the potential damage to the population of these protected species. These have been considered by the 

County Ecologist who is satisfied with their conclusions and does not raise any objection to the 

scheme subject to mitigation being secured by condition. 

Access 

The existing vehicle access to the site is to be retained. 

Other Matters 

As a result of the neighbour's concern regarding the planting of tree 'T2' shown on the submitted 

landscaping proposal, and the current lack of arboricultural expertise available to the Council, the 

scheme has been amended and this tree has been removed from the proposed scheme. 

57

Conclusions 

Although the scale of the replacement dwelling exceeds the volume limits outlined in the preamble to 

policy HL4 it is considered that the overall benefits of the proposal are in accordance with the ethos of 

policies SP2, HL2 and HL4 of the Fylde Borough Local Plan and section 10 of the National Planning 

Policy Framework. As such members are recommended to approve the proposal. 










2. Prior to the commencement of the development hereby approved, samples of the external 

roofing and facing materials (including the proposed glazing) shall be submitted to and 

approved in writing by the local planning authority. The development shall be constructed 

in accordance with the approved details/samples. 

To ensure the use of appropriate materials, in the interests of the visual amenities of the 

locality. 

3. This consent relates to the revised plan landscaping proposals received by the Local 

Planning Authority on the 23 October 2012. 


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

the Local Planning Authority for approval 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. 

5. Notwithstanding the provision of Article 3, Schedule 2, Part 1, Classes A, B, C, E, F & G 

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 or 

curtilage relevant to those classes shall be carried out without Planning Permission. 


A House Extensions. 

B&C Roof Extensions/alterations 

D Porches 

58

E 

F 

G 

H 

Curtilage buildings 

Hardstanding 

Fuel containers 

Satellite antenna] 


the dwelling which may adversely affect the character and appearance of the dwelling and 

the surrounding area. 

6. Notwithstanding the provision of Classes A, B & 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 or curtilage 

relevant to those classes shall be carried out without Planning Permission. 


A Gates, walls, fences 

B New access 

C Exterior treatment] 


the dwelling which may adversely affect the character and appearance of the dwelling and 

the surrounding area. 

7. 

No tree felling, demolition work, or vegetation clearance works shall be undertaken 

between the months of March and August inclusive unless a walkover survey of the site 

has been undertaken to establish the presence of any breeding birds and the results 

submitted to the Local Planning Authority. Should such sites be identified, then a 

mitigation and phasing scheme for any construction works in the vicinity of the identified 

nesting sites shall be submitted to the Local Planning Authority for approval and 

implemented throughout the construction of the dwelling. 

To ensure that disturbance to any breeding birds within the site is minimised during the 

construction of the dwelling 

8. The recommendations detailed in paragraphs 6.2.18, 6.3.24 and 6.4.26 of the 'Bat 

Inspection of Buildings and Great Crested Newt Survey Report (authored by ERAP Ltd 

and dated December 2011), and submitted in support of this application, shall be 

implemented in full. 

In order not to disturb or deter the occupation of the site by bats as they are a species 

whose habitat is protected by the Wildlife & Countryside Act 1981. 

9. That should Bats or Great Crested Newts be suspected or detected within the site at any 

time prior to or during the implementation of this planning permission, all works shall 

cease immediately and advise sought from Natural England or a suitable qualified 

ecologist. The advise given is to be followed to the written satisfaction of the Local 

Planning Authority. 

In order not to disturb or deter the occupation of the site by Bats or Great Crested Newts as 

they are a species whose habitat is protected by the Wildlife and Countryside Act 1981. 

59

10. The building conversion works to the existing dwelling currently located on the site shall 

be completed in full prior to first occupancy of the replacement dwelling hereby approved. 

Thereafter the former dwelling shall be used only for purposes ancillary to the enjoyment 

of the approved replacement dwelling. 

To prevent an increase in the number of residential units in this countryside area which 

would be contrary to the aims of Fylde Borough Council's adopted Interim Housing Policy 

11. 

That prior to the commencement of any approved works to the existing dwelling, a detailed 

methodology of the works to be undertaken as part of its conversion shall be submitted to 

and approved in writing by the Local Planning Authority. These details shall include the 

extent of repair works to be undertaken to the building, measures to ensure its stability and 

protection during the conversion process and details (including samples) of all external 

materials (including render) to be used. The conversion of this building shall be 

undertaken only in full accordance with these approved details and in accordance with the 

drawing approved under this permission, Drawing No. PR-12, dated July 2012. 

To ensure that the building is appropriately converted and continues to contribute to the 

rural character of the property and surrounding area 







Although the scale of the replacement dwelling exceeds the volume limits outlined in the 

preamble to policy HL4 it is considered that the overall benefits of the proposal are in 

accordance with the aims of policies SP2, HL2 and HL4 of the Fylde Borough Local Plan 

and section 10 of the National Planning Policy Framework. As such members are 

recommended to approve the proposal. 

60



Permission 

Applicant: 

Blackpool Business 

Park Ltd 

Agent : 

Candy Lofthouse 

Architects 

Location: 

LAND REAR 13 TO 63 WESTGATE ROAD, -LA WESTGATE ROAD, 

LYTHAM ST ANNES, FY8 2SG 

Proposal: 

EXTENSION OF TIME LIMIT ON APPLICATION 08/0992 FOR 

DEMOLITION OF 2 No. DWELLINGS AND ERECTION OF 72 No. 

RESIDENTIAL PROPERTIES (46 No. APARTMENTS AND 26 No. 

HOUSES) AND FORMATION OF NEW VEHICULAR/PEDESTRIAN 

ACCESS 

Parish: St Leonards Area Team: Area Team 2 



Need to determine at Committee 



This scheme for the erection of 72 residential properties (46 no. apartment and 26 no. houses) 

was originally granted permission on appeal in August 2009 (appeal ref. 

APP/M2325/A/09/2098805). This application now seeks to extend the time limit on that 

approval for a further three year period. Since the original approval there have been no 

material changes to either local or national planning policy that would otherwise preclude the 

renewal of the existing permission and hence members are recommended to approve the 

extension of the time limit. 


This is the renewal of a major application, which was previously determined by Committee. 


This application relates to an essentially triangular shaped piece of land on the western edge of the 

airport and located to the rear of 11-63 Westgate Road, a row of inter war semi-detached properties of 

traditional construction. To the north is the site of the former Blackpool Borough Council’s Offices 

(Westgate House) which have since been demolished, and to the east are various airport hangars and 

support buildings. The majority of the site is used as long stay and staff car parking relating to the 

airport use. There is a pair of semi detached dwellings within the site toward the northern end of the 

site. The site is flat and level. 


Planning permission (ref. 08/0992) was previously granted on appeal for this development in August 

2009 following the completion of a unilateral undertaking to provide on-site affordable housing and 

62

financial contributions towards the provision of public open space and for public transport 

improvements. Development was not commenced and so the planning permission has now lapsed. 

Prior to the expiry of the permission, this application to extend the period of implementation was 

submitted. 

The proposal is identical to that approved under 08/0992 

• Fifty, 1 and 2 bedroom apartments in two 4 storey blocks which step down to 2 storey. 

• The provision of 80 car parking spaces 

• The provision of secure cycle storage 

• A series of improvements to the junction with Squires Gate Lane 



08/0992 DEMOLITION OF 2 No. DWELLINGS 

AND ERECTION OF 72 No. 

RESIDENTIAL PROPERTIES (46 No. 

APARTMENTS AND 26 No. HOUSES) 

AND FORMATION OF NEW 

VEHICULAR/PEDESTRIAN ACCESS 

(RESUBMISSION OF APPLICATION 

08/0037) 

08/0037 ERECTION OF 74 No. RESIDENTIAL 

PROPERTIES (50 No. APARTMENTS 

AND 24 No. HOUSES) AND 

FORMATION OF NEW 

VEHICULAR/PEDESTRIAN ACCESS. 

05/0630 REDEVELOPMENT TO PROVIDE 

RESIDENTIAL UNITS, ACCESS, CAR 

PARKING, LANDSCAPING AND 

OTHER ASSOCIATED WORKS. 

05/0628 PROPOSED CREATION OF 

TEMPORARY CAR PARK 

Refused 12/02/2009 

Refused 27/10/2008 

Withdrawn by 

Applicant 

12/09/2005 

Granted 25/08/2005 

03/0621 OVERFLOW CAR PARK Refused 30/10/2003 

02/0983 PROPOSED EXTENSION OF EXISTING 

OVERFLOW CAR PARK TO INCLUDE 

ERECTION OF 1 NO FLOODLIGHT 

AND EXTENSION OF RAILINGS TO 

FOOTPATH 

Granted 14/02/2003 

87/0493 OUTLINE, 2-STOREY BLOCK OF 4- 

FLATS 


Granted 07/10/1987 

The original residential planning permission for this site, application 08/0922 was granted on appeal 

following a public inquiry. 


Saint Annes's On The Sea Town Council, West Lodge notified on 10 August 2012 


63

Object to the proposal. This application was only allowed on appeal. The 3 years condition was one 

of the reasons for approval. As this has now expired the Town Council object to the application.. It is 

also understood that there are serious drainage and subsidence issues namely at 43 and 45 Westgate 

Road, and the impact of this large scale development may exacerbate these issues. 


At the time of writing several consultees have yet to provide written comments on the application. As 

this application remains identical to the previously approved development these consultee's comments 

from that application have been carried over where necessary and shown in italics. 

Blackpool Airport 

No comments received in regard to this application. Blackpool Airport provided the 

following comments in regard to the previous application: 

With reference to your letter dated 17 January 2007 regarding the above application, the 

airport company has no objection to the development as proposed and indicated on the 

plans providing that: 

1) 28 days notice is given to the airport for any cranes operating during construction 

see enclosed Advice Note 4. 

2) Landscaping schemes are limited to restrict bird activity see enclosed Advice 

Note 3. 

3) Internal and External lighting is controlled to ensure no confusion exists between 

the development site and the airfield lighting see enclosed Advice Note 2. 

Blackpool Borough Council 

Further to your consultation on the above, since the airport no longer own the site, the 

question of whether there is a strategic need for long-stay parking here is no longer a 

relevant issue. This Council has no objection to housing in policy terms and the proposal 

is for you to determine against your Policies. 

Local Plans Section 

TREC 19 of the Fylde Borough Local Plan is a permissive policy, it does not, therefore 

prevent the use of land for other uses. 

The Interim Housing Policy, if applied to the entire application site, requires the Council 

to negotiate for 30% of the dwellings to be affordable housing. 

Subsequent to my comments of 18/08/08, I can confirm that the development plan for 

Fylde now comprises the following : 

• The North West of England Plan Regional Spatial Strategy to 2021 (September 2008); 

• The Joint Lancashire Structure Plan 2001 - 2016, Policy 29 'Sites for Gypsy and 

Traveller Families' (March 2005); and 

• The Fylde Borough Local Plan As Altered (October 2005), but excluding: 

Policy TR9 : 'Car Parking Within New Developments' which expired on 27th 

September 2007; and 

Policy HL1 : 'The Quantitative Housing Issue / Affordable Housing' which 

expired on 9th October 2008. 

Policy RT5 of RSS states "Development that would impede the operational requirements 

of an airport should not be permitted within its boundary". Therefore you need to be 

64

satisfied that this area of land is outwith the airport's boundary and is not required for its 

operational requirements. 

United Utilities - Extra Loading New Housing Estates Etc. 

No objection to the proposal provided the site is drained on a separate system with only 

foul drainage connected into the combined sewer. Surface water should discharge to the 

soakaway/SUDS which may require the consent of the Local Authority. If surface water 

is allowed to be discharged to the public surface water sewerage system we will require 

the flow to be attenuated to a maximum discharge rate equivalent to Greenfield runoff or 

5 l/s whichever is the greater. 

I would request the following condition be input on the application: 

• No development approved by this permission shall be commenced until a scheme for 

the disposal of foul and surface water has been approved in writing by the Local 

Planning Authority. Such a scheme shall be constructed and completed in accordance 

with the approved plans. 

Consumer Wellbeing and Protection 

No objections to the proposal however complaints have been received from the fire 

brigade and police regarding unauthorised access and anti-social behaviour in the two 

dwellings requiring demolition. If an extension is granted these buildings should be 

demolished at the earliest instance or measures put in place to permanently secure them 

and the surrounding site to prevent unauthorised access. 

Cultural Services Parks 

No comments received 

County Planning Officer 

The Director of Strategic Planning and Transport has assessed the proposed development 

against the provisions of the approved North West of England Plan: Regional Spatial 

Strategy to 2021 (RSS). 

The Director of Strategic Planning and Transport considers that the proposed 

development is contrary to the North West of England Plan: Regional Spatial Strategy to 

2021, but there may be other material considerations you may wish to consider in 

determining this application. 

Airport Development 

Policy RT5 of the RSS sets out the main principles for development and requires master 

plans and supporting documentation to be produced to guide the strategic development of 

the region's major airports including Blackpool. The County Council has been involved in 

the development of the Blackpool Airport Master Plan and the Blackpool Airport Surface 

Access Strategy (SAS). These documents aim to provide a strategic framework for the 

future development of the sub region's principal airport, and take into consideration 

accessibility and future parking provision. The latest draft of the Surface Access Strategy 

(version 4, January 2008), produced by Blackpool Airport identifies the application site 

as a Long Stay car park and states that it will be extended to accommodate growth. 

(Recent correspondence with Blackpool Borough Council indicates that the SAS has not 

been developed further since the previous application). 

Based on the information supplied by the applicant. which states that the site is occupied 

by the car park. the proposal is considered to be contrary to the current SAS and 

therefore to Policy RT5 of the RSS. 

65

From the information supplied, it is the applicant's intention for the existing car park 

to be relocated elsewhere within the operational land of the airport. Under Class A 

of Schedule 2 of the GPDO the relocation of the car park within the airport's operational 

land would be permitted development. If the site has already been vacated then this would 

be a material consideration and you may wish to take this into account when determining 

the application. 

Should the car park be relocated as indicated, then steps should be taken to minimise the 

impact on the Green Belt and the BHS. For advice regarding the BHS you should contact 

LCC's specialist adviser John Jones on 01772 534171. 

Housing 

Policy L7 of the RSS sets out housing figures for the Fylde district and requires provision 

of 5,500 dwellings in Fylde over the plan period 2003-2021. The Policy specifies an 

annual average provision of 306 dwellings. These dwellings provide for household 

change and are net of clearance replacement dwellings. Policy L4 explains that Districts 

should monitor and manage availability of land to achieve annual housing provision. 

Based on the latest information provided by the Borough Council, 1129 dwellings had 

been completed between 1 April 2003 and 31 March 2008 and a further 1181 dwellings 

were under construction or had the benefit of planning permission. This equates to a 2.5 

year supply (as of March 2008) based on an annual provision of 306. A minimum supply 

of 5 years is advocated by the RSS and therefore the proposal is required in order to 

provide an adequate housing supply. 

The RSS requires local authorities to work in partnership with developers to address local 

housing needs. Referring to Fylde Borough Council's Interim Housing policy, which sets 

out how affordable housing needs will be met, identifies a 30% target of affordable 

housing on housing developments greater than 15 dwellings or more. This scheme 

proposes affordable housing at a rate of 30%. If you are satisfied that the level of 

affordable housing is appropriate on this site then the proposal is in accordance with 

Policy L7. 

Transport, Accessibility and Parking 

Neil Stevens has been informed of the proposals and may contact you separately on the 

accessibility, transport and parking implications arising from the proposed development. 

For further information please contact Neil Stevens on 01772 534057. 

Planning Obligations 

Lancashire County Council adopted the Policy Paper 'Planning Obligations in 

Lancashire' in November 2006. which was updated in September 2008. Planning 

Obligations Officer. Neil Whittingham, has been advised of this application and will 

contact you separately on the obligation issues regarding this site. For further 

information on planning obligations please contact Neil Whittingham on 01772 533857. 

Renewable Energy 

Policy EM18 of the RSS requires that all residential developments of 10 or more 

units should incorporate renewable energy production to provide at least 10% of 

the developments predicted energy requirements. Should you be minded to 

approve the application it is considered that the 10% target should be met, unless 

the applicant is able to demonstrate that its achievement is not possible. The 

66

proposals will meet these targets as stated in the renewable energy statement. 

You should contact the relevant section in this Directorate if you require detailed, 

archaeological, landscape or highway design comments to this application. 

National Grid - Gas Distribution 



Since no changes have been made that affects the highway etc, I have no highway 

objections to the application providing that the highway conditions attached to the 

previous approval are also attached to this approval. 

Previous comments below dated 29th July 2008 

The applicant has submitted a revised layout plan for highway observations (Plan 07- 

015-111 Rev P) following a meeting held on 9th July 2008. 

The revised plan has now addressed the concerns raised previously, in summary: 

1. Since no separate emergency access has been provide for the proposed development it 

was requested the proposed 2.0m wide footpath be increased as far possible (if possible to 

3m) to allow an emergency vehicle to 'ride the kerb' and get past any blockage in the 

proposed access road should the access road be closed for any reason. 

2. Text note 'potential access through to extended site' on the north boundary removed. 

3. Text note 'residential pedestrian access to, the rear of proposed block F removed. 

4. Car park spaces 01 to 05 (as noted on rev, M) modified to allow for a clear 800mm 

zone between the Airport east boundary and the edge of parking bay N05. Parking bay 

N01 revised so that it is now outside of the turning head zone. 

5. A total of 80 car spaces have been provide as requested. 

6. Revised layout (P) now shows 1 cycle space per flat as requested. The layout needs to 

be set out in accordance with the Department for Transports "Manual for Streets" (2007). 

The Squires Gate Lane I Westgate Road junction was discussed and a proposal was 

agreed by all parties - to include additional white lining to eastbound Squires Gate Lane 

carriageway to maintain a single lane till just after the Westgate Road right turn and 

minor physical setting-out modifications to the central island on the west side of the right 

turn junction (Drg. M087069-001 revision x). 

I have no highway objections to this proposal subject to the following Conditions and 

Notes: 

The car park shall be surfaced or paved in accordance with a scheme to be approved by 

the Local Planning Authority and the car parking spaces and manoeuvring areas marked 

out in accordance with the approved plan, before the use of the premises hereby permitted 

becomes operative. Reason: To allow for the effective use of the parking areas. 

Before the use of the site hereby permitted is brought into operation facilities shall be 

provided within the site by which means the wheels of vehicles may be cleaned before 

leaving the site. Reason: To avoid the possibility of the public highway being affected by 

the deposit of mud and/or loose materials thus creating a potential hazard to road users. 

Before the accesses are used for vehicular purposes, that part of the accesses extending 

from the highway boundary for a minimum distance of 5m into the site shall be 

appropriately paved in tarmacadam, concrete, block paviours, or other approved 

67

materials. Reason: To prevent loose surface. material from being carried on to the public 

highway thus causing a potential source of danger to other road users. 

Notwithstanding the provisions of the Town and Country Planning (General Permitted 

Development) Order 1995 there shall not at any time in connection with the development 

hereby permitted be erected or planted or allowed to remain upon the land hereinafter 

defined any building, wall, fence, hedge, tree, shrub or other device over 1 m above road 

level. 

The visibility splay to be the subject of this condition shall be that land in front of a line 

drawn from a point 2.5m measured along the centre line of the proposed new access road 

from the continuation of the nearer edge of the carriageway of Westgate Road to points 

measured 70m in each direction along the nearer edge of the carriageway of Lodge Lane 

from the centre line of the access and shall be constructed and maintained at 

footway/verge level in accordance with a scheme to be agreed by the Local Planning 

Authority in conjunction with the Highway Authority'). Reason: To ensure adequate 

visibility at the site access. 

The visibility splay to be the subject of this condition shall be that land in front of a line 

drawn from a point 2.5m measured along the centre line of the proposed new access road 

from the continuation of the nearer edge of the carriageway of the proposed new cul-desac 

to points measured 60m in each direction along the nearer edge of the carriageway of 

Lodge Lane from the centre line of the access and shall be constructed and maintained at 

footway/verge level in accordance with a scheme to be agreed by the Local Planning 

Authority in conjunction with the Highway Authority'). Reason: To ensure adequate 


A 2m x 2m intervisibilty visibility is required. The visibility splay should not be impeded; 

height of the wall/fence within this visibility should be kept below 600mm above the 

carriageway height. The access shall be constructed and maintained at footway/verge 

level in accordance with a scheme to be agreed by the Local Planning Authority in 

conjunction with the Highway Authority'). Reason: To ensure adequate pedestrian 


Applicant to provide covered cycle storage/stands for the flats upon this development site. 

1 cycle space per flat to be provided. This needs to be set out in accordance with the 

Department for Transports "Manual for Streets" (2007). 

NOTES: 

This consent requires the construction, improvement or alteration of an access to the 

public highway. Under the Highways Act 1980 Section 184 the County Council as 

Highway Authority must specify the works to be carried out. Only the Highway Authority 

or a contractor approved by the Highway Authority can carry out these works and 

therefore before any access works can start you must contact the Environment 

Directorate for further information by telephoning the Area Surveyor North on 01524- 

753340 or writing to the Area Surveyor North, Area Office, Hampson Lane, Hampson 

Green, Galgate, Lancaster, LA2 OHY quoting the planning application number. 

The new access road between the site and Westgate Rd shall be constructed in 

accordance with the Lancashire County Council Specification for Construction of Estate 

Roads to at least base course level before any development takes place within the site. 

Reason: To ensure that satisfactory access is provided to the site before the development 

hereby permitted becomes operative. 

68

Off-Site Highway Works 

The following off site highway works will be required to be carried out by s278 

Agreement: 

Minor improvements to be made to the Squires Gate Lane / Westgate Road junction to 

enable storage for right turning vehicles as shown on plan M087069- 001. 

Should Committee be minded to approve the application, the following Conditions are 

also recommended: 

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. Reason: In order to satisfy the Local Planning Authority and 

Highway Authority that the final details of the highway scheme/works are acceptable 

before work commences on site. 

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

the approved scheme referred to in the Condition above has been constructed and 

completed in accordance with the scheme details. Reason: 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. 

Note: 

The grant of planning permission will require the applicant to enter into an appropriate 

Legal Agreement, with the County Council as Highway Authority. The Highway Authority 

hereby reserves the right to provide the highway works within the highway associated 

with this proposal. Provision of the highway works includes design, procurement of the 

work by contract and supervision of the works. The applicant should be advised to contact 

the Environment Director at PO Box 9, Guild House, Cross Street, Preston PR1 8RD in 

the first instance to ascertain the details of such an agreement and the information to be 

provided. 

Planning Obligations in Lancashire - s106 Contribution 

To address the public transport and cycling deficiencies would require a significant 

developer contribution. In line with the Planning Obligations in Lancashire - Policy 

Paper, the developer would be required to make a contribution towards Transport 

Initiatives and the contribution should be secured by s106 Agreement. 

To give an idea of the level of contribution, an accessibility survey was carried out and 

the accessibility survey indicated the proposed development to be within the medium 

accessibility range score of 27. 

The contribution would be £870 for 1-2 bedroom properties and £1310 for 3 bed 

properties, making a total of £66,140 It is requested that the contribution be allocated to 

improvements to Public Transport 

Access to the Airport complex proposals i.e. improved pedestrian linkages to the railway 

station and bus stops on Squires Gate Lane. A Working group is currently looking at 

improvements for public transport accessibility to the Airport. 


LCC Ecologist 

No objections to the proposed time extension and it seems reasonably unlikely that the 

proposed development would have any significant ecological impacts provided that 

69

standard ecology conditions requiring site inspections are attached to the approval. 



Amended plans notified: 

No. Of Responses Received: Four 


• The site is too small for the number of proposed housing units 

• The play area is too close to nearby aircraft hangers and parking, where aircraft 

maintenance is carried out 

• Overbearing impact on existing properties 

• Too close to the airport taxiway 

• Will lead to increased congestion at junction of Westgate Road and Squires Gate Lane. 

• The proposed access road will lead to unacceptable noise increase for 37 Westgate Road 

• The flats are too high and will result in overlooking and loss of privacy to existing 

properties 

• Insufficient car parking provision 

• Pile driving will damage existing properties 

• The development will lead to flooding 

• The government has changed since the previous approval and hence this proposal is now 

against national housing policy 

• If this development were really needed building works would have already started 

• Inadequate provision of open space play areas 

• Will result in airport passengers parking on the surrounding streets 

• There is no need for additional housing 

• Affordable housing is inappropriate for the area and may lead to reduction in property 

values 



DP01 

DP02 

DP03 

DP04 

DP05 

DP06 

DP07 

RDF01 

CLCR01 

CLCR02 

L02 

L04 

L05 

RT02 

RT09 

EM01 

EM03 

EM05 

EM09 

EM11 

EM15 

EM16 








Spatial priorities 



Understanding housing markets 

Regional housing provision 

Affordable housing 

Managing travel demand 

Walking and cycling 


Green infrastructure 

Integrated water management 

Secondary and recycled aggregates 

Waste management principles 

A framework for sustainable energy in the North West 

Energy conservation and efficiency 

70

EM18 


SP01 

TREC17 

HL02 

HL06 

EP14 

EP23 

EP24 

EP25 

EP26 

TR01 

TR03 

TR05 

TR09 

EP27 

EP28 

EP29 


NPPF: 

Decentralised energy supply 


Public Open Space within New Housing Developments 


Design of residential estates 

Landscaping of new developments 

Pollution of surface water 

Pollution of ground water 

Development and waste water 

Air pollution 

Improving pedestrian facilities 

Increasing provision for cyclists 

Public transport provision for large developments 

Car parking within new developments 

Noise pollution 

Light pollution 

Contaminated land 



Within urban area 


The development is of a type listed within Schedule 2 of the Town and Country Planning 

(Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended. Officers 

have screened the development for any potential environmental impact and concluded that the 

application need not be accompanied by a formal Environmental Statement. 


The principle of the development has already been granted by way of application number 08/0992 

hence the issue to consider in the determination of this application is whether the proposal remains in 

accordance with current local and national planning policies. In the time since the original permission 

was granted and receipt of this application there have been no material changes to local plan policies 

however the majority of national planning policies have been superseded by the National Planning 

Policy Framework (NPPF). However nothing within the NPPF precludes the original approval of the 

development. 

For the purposes of completeness the full case officer 'Comment and Analysis' from the original 

application is included below: 

Background to the Submission of the Application 

This application relates to an area of land that was originally within the Blackpool Airport Boundary 

and has been submitted by MAR Properties, the former owner of Blackpool International Airport. 

Unlike the previous planning application, this application has not been submitted by the Airport 

Operator, Balfour Beaty. On the sale of the airport to Balfour Beaty, a number of parcels of land, 

including this application site, were retained by the former owner of the airport. The site falls outside 

the ownership of the airport's current operator, but is currently leased back to the airport to provide 

additional over flow long stay car parking. Since the previous planning application was considered, 

71

the airport has been served with notice to vacate the land which is the subject of this application. 

The previous application to develop this land was refused, contrary to the recommendation of your 

Officers, for the following reasons: 

• The proposal would be contrary to Policy RT5 of the Regional Spatial Strategy as it would 

detract from the efficient operation of the airport due to the loss of long-stay car parking. If 

approved, the proposal would result in pressure to relocate the car parking to alternative sites 

within the approved green belt which would be detrimental to the open nature of that area. 

• The proposal would fail to provide sufficient public open space and would, therefore, be 

contrary to the provisions of Policy TREC17 of the Fylde Borough Local Plan, as altered 

October 2005. 

• The scale and massing of the proposed four storey apartment blocks will be inappropriate in 

this location and would be contrary to Policy HL2 of the Fylde Borough Local Plan, as altered 

October 2005. 

Planning Policy 

The Joint Lancashire Structure Plan has now been superseded by the Regional Spatial Strategy (RSS) 

for the North West of England. Although this policy document forms part of the development plan, it 

is a higher level strategy document that is intended primarily to inform the formulation of local 

development documents rather than providing detailed development control policies. 

Policy RT5 of the RSS provides strategic guidance for the development of airports within the North 

West, including Blackpool Airport. The policy advises that existing or proposed airport boundaries 

should be established within development plan documents and, once established, development that 

might impede the operational requirements of the airport should not be permitted. The RSS also 

states that Master Plans and Access Strategies should be prepared by each airport. 

A Blackpool Airport Master Plan has been prepared and a Blackpool Airport Surface Access Strategy 

is in preparation. These documents aim to provide a strategic framework for the future development 

of Blackpool Airport which is the sub region's principal airport. These documents take into 

consideration accessibility and future parking provision with the latest draft of the Surface Access 

Strategy identifying the application site as a Long Stay car park and stating that it will be extended to 

accommodate growth. Following the change of ownership of the airport, it is the intention of the new 

airport operator to prepare a revised masterplan. 

As stated above, the application site is currently used as overflow long stay car parking. If this area of 

car parking is lost, it is not clear where alternative or future car parking will be provided within the 

airport. As the majority of the airport land that is not already developed is allocated as greenbelt, 

there could be pressure for replacement car parking to be provided within the green belt. On the 

surface, it appears that pressure to develop alternative car parking within the green belt would harm 

the open nature of that area and could be seen as a reason to refuse planning permission for residential 

development within this particular site. However, the application site is no longer within the direct 

control of the airport, it is merely leased from the former owner on a short term basis. The airport has 

now been required to cease occupation of the car park. In addition, the car parking area was the 

subject of a temporary planning permission that has now expired. As such the land should not be 

currently being used for car parking as it no longer has the benefit of planning permission. As the 

future use of this area of land for car parking has been lost, it is considered that the lass of car parking 

would not represent a sustainable reason for the refusal of planning permission. The County Planning 

Authority has recommended that planning permission be refused as the proposal would be contrary to 

the provisions of Policy RT5 of the RSS. However, their comments recognise that there may be other 

72

material considerations that outweigh the provisions of this policy. It is considered that the issues 

referred to above represent such material considerations. 

Policy TREC 19 of the FBLP identifies the site as an area within which airport and ancillary leisure 

uses will be permitted. The policy is a permissive policy and does not prevent the establishment of 

non airport uses within the allocated area. As such the proposed development of residential 

development within this area would not be contrary to the provisions of this policy 

Policy L4 of the RSS has now replaced Policy 12 of the Joint Lancashire Structure Plan. As a result 

of the increased housing targets for the Borough, there is no longer an oversupply of housing within 

the Borough and no need to restrict new residential development. Accordingly, Policy HL1 of the 

FBLP has now lapsed. To address this change in strategic policy, the Council has adopted an Interim 

Housing Policy. 

With regard to Interim Housing Policy, the application site falls within the identified urban boundary 

where new development is, in principle acceptable. There are no site specific allocations shown on 

the local plan proposals map for that part of the site occupied by the 25 apartments within block F, i.e. 

the northern most part of the site. As such the development of this part of the site would be 

considered having regard to the principles laid down in the Council’s Interim Housing Policy. That 

policy allows for new residential development provided up to 30% of the units are for affordable 

housing and commuted sums are paid towards public realm works and off site public open space 

where the requirements of Policy TREC17 are not fully met on site. 

However, the majority of the site is indicated as land with potential for the development of airport and 

ancillary leisure uses. As there is a site specific allocation for this part of the site, the Interim Housing 

Policy would not apply to the remainder of the site as Criteria 2 of the policy requires that a site is not 

allocated for other purposes within the plan. As Policy HL1 of the FBLP has now lapsed, there is no 

housing policy against which to consider the development of the remainder of the site. In the 

circumstances and as the allocation of the site is not a restrictive policy, it would appear appropriate to 

apply the terms of the Interim Housing Policy to the remainder of the site. The Planning Policy Team 

have confirmed that they concur with this application of policy. 

As such, it is considered that the proposal would not adversely affect the future development of or 

economic benefits brought to the area by the airport. Whilst not fully in accordance with the terms of 

the Interim Housing Policy, the use of the land for residential purposes would accord with the general 

principles of the urban containment approach promoted by that policy and it is, therefore, considered 

that there are no policy reasons for objecting to the principle of housing development on this site. 


Twenty two of the 72 proposed housing units are proposed to be provided as social rented properties. 

This equates to 30% of the proposed units and is, therefore, in line with the requirements of the 

Interim Housing Policy. 

Design and Layout 

In assessing the layout of the proposal regard has been had to the distances set out in the 

Supplementary Planning Guidance (SPG) relating to Flat Development. 

The dwellings that are proposed at the southern part of the site are traditional two storey dwellings 

with pitched roofs with a central feature units having additional accommodation provided within the 

roof space. The front faces of these units are set between 35 and 43 metres from the rear elevations of 

properties on Westgate Road. These distances are in excess of the normal space about dwellings 

standards applied to new development. There is between 9 and 17 metres from the rear boundaries of 

the properties on Westgate Road and the front elevation of the proposed dwellings. Whilst the lower 

73

of these distances is slightly below the usual 10.5 metre distance, these distances are considered 

acceptable given the relatively long rear gardens of the Westgate Road properties. The block of 

dwellings at 900 to Westgate Road is set 28 metres from the rear of the nearest property. Although 

the gable is 1.2 metres from the garden boundary, it is considered that this is acceptable given the 

distance to the main house is far in excess of the usual minimum distance of 15 metres. There are no 

habitable room windows in the side elevation of this block of dwellings that would overlook the 

neighbouring dwelling. 

The previous application was amended following concerns expressed by local residents that were 

shared by your officers and the current proposal maintains the previous design and layout. The two 

apartment blocks are 4 storeys in height with one of the blocks, Block E, been orientated through 900 

in order to reduce potential for overlooking of neighbouring properties. There are no habitable room 

windows in the gable of this block and both blocks are of a flat roof design. 

The part of Block E closest to the properties on Westgate Road steps down in height to two stories in 

order to reduce the potential impact on those properties. The main 4 storey part of this block is 38.9 

metres from the rear elevation of the properties on Westgate Road with the two storey part being 33.9 

metres away. This equates to a distance from the rear garden boundary of 12 and 6.5 metres for the 

proposed 4 storey and 2 storey sections respectively. 

The remaining block of apartments, Block F, would face the rear of the properties on Westgate Road 

and would be situated 53.8 metres from the rear of the nearest dwelling, 27 metres from the rear 

garden boundary. These stand off distances are in line with the guidance contained in the Residential 

Flats SPG. 

It is your officers view that, whilst the proposed development will inevitably result in some reduction 

in privacy to the rear of the properties on Westgate Road, the distances between the existing and 

proposed properties are sufficient to ensure any impact is minimised and maintained at an acceptable 

level. 

The design of the proposed dwellings is relatively simple and of a traditional two storey pitched roof 

design constructed of facing brick. The proposed apartment blocks will be 4 stories high with the 

elevations consisting of a mixture of facing brick and render panels. The upper floor would have a 

standing seam metal cladding. Whilst taller than the immediately adjacent residential properties, the 

apartment blocks would be no higher than the existing apartments on Squires Gate Lane, which are 

four storeys plus a pitched roof, or the adjacent hangars. The inclusion of flat roofs with the upper 

floor in a dark material will help reduce the actual and apparent height of the proposed buildings. 

Highways, access and parking 

The County Highway Authority initially objected to the development of this site due to potential 

problems at the junction of Westgate Road and Squires Gate Lane. Following the submission of 

revised plans, including proposals to improve the Westgate Road/Squires Gate Lane junction, the 

Highway Authority withdrew their objections, subject to the imposition of suitable planning 

conditions. The Highway Authority have confirmed that they have no objections to the current 

proposal. 

Sewerage Capacity 

United Utilities initially objected to the previous proposal due to problems with the capacity at the 

Fleetwood Wastewater Treatment Works. The current application now includes provisions to reduce 

the throughput of surface water from the site to the drainage system and United Utilities have no 

objection to the proposal subject to the imposition of suitable conditions. 

74

Proximity to airport 

No comments have been received from the Airport regarding the current proposal. The Airport 

Operations Manager has previously confirmed that there will be no safety or operational 

impingements on the airport if the development were to go ahead. When considering the previous 

planning application, your officers had initial concerns regarding potential noise disturbance to future 

occupiers of the development from aircraft movements. A noise survey has been submitted to 

accompany the application which advises that noise levels will be within accepted tolerances within 

the properties and the Council's Environmental Protection Team have raised no objections to the 

proposal. 

Public Open Space 

Within the site there is provision for a small toddlers' play area with a site area of 32 sq m. Although 

there are additional areas of amenity open space, the open space provided on site is far less than the 

1760 sq m that is required by policy TREC17 of the FBLP. Consideration has been given to 

requiring a larger area of open space to be provided, but, due to the narrow shape of the site, this open 

space would have to be located to immediately to the rear of existing residential properties. 

Experience shows that this juxtaposition of housing and open space creates amenity problems for 

residents. For this reason, it is suggested that a financial contribution towards open space in the 

vicinity of the site be sought. 

On-site Services 

There are no water or sewer pipes on the site but a gas main serving the adjacent hangers does cross 

part of the site and a gas valve house occupies part of the site. It will be necessary to relocate the gas 

valve house and divert the gas main in order to allow the development to be implemented. It is 

considered that this can be required by the imposition of a suitable condition. 

Conclusions 

There have been no material changes to either national or local planning policies that would preclude 

the renewal of the existing permission, ref. 08/0992. Hence as no amendments to the approved 

scheme are proposed it is recommended that members approve the renewal of 08/0992 for a further 3 

year time period. 


That the decision to GRANT planning permission for the development be delegated to the Head of 

Planning & Regeneration and that this decision is only made once he is satisfied there is a s106 or 

other such legal agreement in place to secure the delivery of appropriate affordable housing, public 

open space and transport contributions associated with the development. 

And then be subject to the following conditions: 








75

2. No development shall take place until samples of the materials to be used in the 

construction of the external surfaces of the building hereby permitted have been submitted 

to and approved in writing by the Local Planning Authority. Development shall be carried 

out in accordance with the approved details. 

In the interests of securing a satisfactory overall standard of development 

3. No surfacing work shall take place until samples of the materials to be used in the 

construction of the hard surfaced area of the site have been submitted to and approved in 

writing by the Local Planning Authority. Development shall be carried out in accordance 

with the approved details and any repairs that are subsequently required shall use the 

approved materials only. 

In the interests of visual amenity and to contribute to the overall quality of the 

development. 

4. The ground and first floor stair and landing windows to the western elevation of the two 

dwellings attached to the western flank of Block E and the first floor window to the 

landing of the westernmost semi-detached dwelling in Block A shall be obscure glazed and 

thereafter retained as such at all times. 

To safeguard the amenities of the occupants of adjoining residential premises. 

5. Details and specifications showing the design of all the windows to be used in the 

construction of the proposed development shall be submitted to and approved in writing by 

the Local Planning Authority before development is commenced. The scheme shall be 

implemented in accordance with the approved details. 

Such details are not clearly shown on the application and to secure an overall satisfactory 

standard of development. 

6. The dwellings shall be so constructed as to provide sound attenuation of not less than 35 

dB(A) against the external noise to which they will be exposed. 

To safeguard future occupants from noise associated with jet aircraft using the adjacent 

airport / airfield 

7. Details of street lighting, including post heights, design, construction and lighting head 

form, shall be submitted to and approved in writing by the Local Planning Authority prior 

to the commencement of any street works. The development shall be implemented in 

accordance with such approval. 

In the interests of the visual appearance of the estate layout / form of development. 

8. Construction of the development hereby permitted shall not commence until an 

investigation and risk assessment, in addition to any assessment provided with the planning 

application, is completed in accordance with a scheme to assess the nature and extent of 

any contamination on the site, whether or not it originates on the site. The contents of the 

scheme are subject to the approval in writing of the Local Planning Authority. The 

investigation and risk assessment must be undertaken by competent persons and a written 

report of the findings must be submitted to and approved in writing by the Local Planning 

Authority. The report of the findings must include: 

76

1. A survey of the extent, scale and nature of contamination; 

2. An assessment of the potential risks to: 

a) human health 

b) property (existing or proposed) including buildings, pets, service lines and pipes 

c) adjoining land 

d) groundwaters and surface waters 

e) ecological systems 

3. An appraisal of remedial options, and proposal of the preferred options. 

In the interests of controlling the satisfactory development of the site given the recognised 

site conditions. 

9. A detailed remediation scheme to bring the site to a condition suitable for the development 

hereby permitted by removing unacceptable risks to human health, buildings, and other 

property and the natural environment must be submitted to and approved in writing by the 

Local Planning Authority. The scheme must include all works to be undertaken, proposed 

remediation objectives and remediation criteria, timetable of works and site management 

procedures. The scheme must ensure that the site will not qualify as contaminated land 

under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of 

the land after remediation. 



10. The approved remediation scheme must be carried out in accordance with its terms prior to 

the commencement of development, other that that required to carry out remediation, 

unless otherwise agreed in writing by the Local Planning Authority. The Local Planning 

Authority must be given 2 weeks written notification of commencement of the remediation 

scheme works. Following completion of measures identified in the approved remediation 

scheme, a verification report that demonstrates the effectiveness of the remediation carried 

out must be submitted to and approved in writing by the Local Planning Authority. 



11. In the event that contamination is found at any time when carrying out the approved 

development that was not previously identified it must be reported in writing immediately 

to the Local Planning Authority. An investigation and risk assessment must be undertaken 

in accordance with the requirements of condition 8, and where remediation is necessary a 

remediation scheme must be prepared in accordance with the requirements of condition 9, 

and submitted to and approved in writing by the Local Planning Authority. Following 

completion of measures identified in the approved remediation scheme a verification report 

must be prepared, which is subject to the approval in writing of the Local Planning 

Authority, in accordance with condition 10. 






77




























the locality. 

14. No part of the development hereby approved shall be commenced unless and until full 

details of the children's play area on site, including a timetable for its provision, have been 

submitted to and approved in writing by the Local Planning Authority. The play area shall 

be provided in accordance with the approved timetable and thereafter retained at all times. 

To ensure adequate on site play space 

15. Notwithstanding the provisions of the Town and Country Planning (General Permitted 

Development) Order 1995 (or any order revoking and re-enacting that Order with or 

without modification), no development within Classes A, B, C, D, E, F, G or H of 

Schedule 2 Part 1 shall be erected other than those expressly authorised by this permission. 


the dwellings which may adversely affect the character and appearance of the dwellings 

and the surrounding area or operations at the adjacent airport. 

16. Notwithstanding the provisions of the Town and Country Planning (General Permitted 

Development) Order 1995 (or any order revoking and re-enacting that Order with or 

without modification), no development within Classes A, B or C of Schedule 2 Part 2 shall 

be erected other than those expressly authorised by this permission. 

78


the dwellings which may adversely affect the character and appearance of the dwellings 

and the surrounding area or operations at the adjacent airport. 

17. The dwellings shall not be occupied until the parking areas shown on the approved plans 

have been surfaced in accordance with the landscaping scheme submitted and approved 

under condition 12 and the spaces and manoeuvring areas marked out in accordance with 

the approved plans. Those areas shall not thereafter be used for any purpose other than the 

parking of vehicles. 

To allow for the effective use of the parking areas 

18. Before any excavation or construction commences on site, facilities shall be provided 

within the site by which means the wheels of vehicles may be cleaned before leaving the 

site in accordance with details that shall first have been agreed in writing by the Local 

Planning Authority. The facilities shall thereafter be retained throughout the construction 

programme. 

To avoid the possibility of the public highway being affected by the deposit of mud and/or 

loose materials thus creating a potential hazard to road users. 

19. Before the access road is used for vehicular purposes, that part of it extending from the 

highway boundary for a minimum distance of 5 metres into the site shall be appropriately 

surfaced in a base course of tarmacadam, concrete, or other approved materials, and 

subsequently surfaced in a finished course in accordance with details and a programme 

which shall first be submitted to and approved in writing by the Local Planning Authority. 

To prevent loose surface material from being carried on to the public highway thus causing 

a potential source of danger to other road users. 

20. No development shall take place until a visibility splay has been constructed. This shall be 

that land in front of a line drawn from a point on the centre line of the new accessway and 

2.5 metres back from the carriageway of Westgate Road to points measured 70 metres in 

both directions along the nearer edge of the carriageway of Westgate Road. It shall be 

constructed and maintained in accordance with a scheme submitted to and approved in 

writing by the Local Planning Authority. No structure or vegetation exceeding 1 metre in 

height above road level shall be placed or planted within the visibility splay and it shall be 

maintained free from obstruction at all times. 

To ensure adequate visibility at the site access. 

21. Prior to the occupation of any of the dwellings hereby permitted a 2 metre x 2 metre 

pedestrian visibility splay must be provided at the site access in accordance with a scheme 

submitted to and approved in writing by the Local Planning Authority. No structure or 

vegetation exceeding 600mm in height above road level shall be placed or planted within 

the visibility splay and it shall be maintained free from obstruction at all times. 

To ensure adequate pedestrian visibility at the site access 

22. No part of the development hereby approved shall be occupied unless and until the off-site 

highway improvements at the junction with Squires gate Lane shown on JMP drawing 

reference M087069-oo1C dated 27 August 2008 have been constructed and brought into 

operation. 

In order to satisfy the Local Planning Authority that the final details of the highway 

79

scheme/works are acceptable before work commences on site and 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. 

23. Prior to the commencement of development the gas valve housing and gas main running 

along the eastern edge of the site shall be relocated and/or diverted in accordance with 

details that shall first have been submitted to and approved in writing by the Local 


In order to secure gas supplies to neighbouring properties and in order to prevent a hazard 

to future occupiers of the properties. 

24. Prior to the commencement of development details of the drainage system shall be 

submitted to and approved in writing by the Local Planning Authority. The drainage 

system shall be designed on a separate system of drainage with surface water discharge to 

the public sewer limited to no greater than 10 l/s/Ha. Where feasible all hard paved areas 

should be drained to the ground using sustainable forms of drainage (SUDS) 

In order to restrict surface water run off having regard to the limited drainage capacity in 

the local network 

25. Prior to the commencement of development details of a scheme of on-site renewable 

energy production shall be submitted to and approved in writing by the Local Planning 

Authority. The approved scheme shall be implemented in accordance with the approved 

scheme prior to each respective residential property first becoming occupied. 

In order to secure on site renewable energy in accordance with Policy EM18 of the 

Regional Spatial Strategy for the North West of England. 

26. 

No tree felling, demolition work, or vegetation clearance works shall be undertaken 

between the months of March and August inclusive unless a walkover survey of the site 

has been undertaken to establish the presence of any breeding birds and the results 

submitted to the Local Planning Authority. Should such sites be identified, then a 

mitigation and phasing scheme for any construction works in the vicinity of the identified 

nesting sites shall be submitted to the Local Planning Authority for approval and 

implemented throughout the construction of the dwelling. 

To ensure that disturbance to any breeding birds within the site is minimised during 

construction works 

27. That should bat roosts be suspected or detected within the site at any time prior to or during 

the implementation of this planning permission, all works shall cease immediately and 

advice sought from Natural England or a suitable qualified ecologist. The advice given is 

to be followed to the written satisfaction of the Local Planning Authority. 

In order not to disturb or deter the occupation of the site by bats as they are a species 

whose habitat is protected by the Wildlife and Countryside Act 1981. 

28. In order to avoid impacts on Species of Principal Importance, such as hedgehogs and 

reptiles: 

1. Works affecting suitable terrestrial habitat, including likely places of shelter (for 

80

example rubble piles, log piles, piles of leaf litter, dense vegetation and scrub) shall be 

carefully searched immediately prior to removal / development works 

1. If reptiles are suspected or detected on the site at any point prior to or during 

development works then these works shall cease until advice has been sought from an 

appropriately qualified ecological consultant 

2. If clearance works are unavoidably carried out at the time of year when hedgehogs 

may be hibernating or breeding, any hedgehogs found should not be disturbed and 

advice should be sought from an appropriate ecological consultant. Otherwise any 

hedgehogs encountered shall be moved to a safe area of suitable habitat, which will 

then remain undisturbed. 

To ensure that disturbance to any Species of Principal Interest within the site is minimised 

during construction works 







There have been no material changes to either national or local planning policies that 

would preclude the renewal of the existing permission, ref. 08/0992. Hence the approved 

scheme is considered to accord with the relevant policies of both the Fylde Borough Local 

Plan and the National Planning Policy Framework. 

81



Permission 

Applicant: 

Mr P & Mrs N Agent : 

Lakes Architect Ltd 

Whitehead 

Location: 

MELTON GROVE, LYTHAM ST ANNES 

Proposal: 

PROPOSED ERECTION OF A DETACHED DWELLING 

Parish: Area Team: Area Team 1 

Weeks on Hand: 11 Case Officer: Andrew Stell 



Summary of Recommended Decision: Refuse 


The application is for full planning permission for the erection of a single detached dwelling in 

an area of open space associated with Melton Grove which is a small cul-de-sac of bungalows 

in Lytham. The area is one of two at the front of the existing properties that serve as an open 

space setting for the dwellings and contain a number of mature trees that are protected by a 

woodland tree preservation order. 

There are a number of considerations that weigh in favour of the development. Firstly, it is 

sustainably located within the settlement and surrounded by other residential uses. The site 

has an acceptable access and the scheme proposes suitable parking arrangements. Concerns 

over the scale of the dwelling proposed in an earlier scheme have been addressed in this 

proposal, as have those relating to its relationship to neighbouring properties. Finally, the 

application is accompanied with a Unilateral Undertaking the commits the applicant to deliver 

appropriate contributions towards affordable housing, public open space and public realm 

improvements. 

On the other side of the balance is the designation of the whole of the application site as a 

woodland TPO where all the trees that are currently in the area, and any that become 

established in it, are given protection. The report submitted with the application confirms that 

the dwelling could be constructed without requiring the removal of any existing trees, but its 

development would cause unacceptable damage to the woodland area. This is as a 

combination of the visual impact of the siting of the dwelling changing the character of the 

site, and the potential for future works to be required to the trees. The development of a 

property in this area would also change the character of the application site entirely from its 

current open space function to one where the building and associated domestic paraphernalia 

would dominate. These aspects are contrary to Policy EP12 relating to development and 

protected trees and Policy HL2 relating to new residential development in the Fylde Borough 

Local Plan. 

The presumption in favour of sustainable development expressed in the NPPF adds weight to 

the development of schemes such as this to assist with the council being able to deliver an 

83

appropriate level of housing supply. However, the NPPF also emphasises the quality of design 

of development and this proposal creates a significant likelihood that it will cause harm to the 

protected trees, and is poorly located within a woodland site that has an open space value to 

the distinct development character of Melton Grove. The scheme is therefore in conflict with 

the NPPF and so this does not give any justification to overrule the policies of the 

development plan in reaching a decision on this application. Accordingly, in the view of your 

officers, the local plan policies referred to above are in conformity with the NPPF and as such 

considerable weight should be given to them in the determination of this application. 


The proposal is one which the Head of Planning & Regeneration considers should be considered by 

Committee due to the public interest in the application and the history of the site. 


Melton Grove is a small cul-de-sac of 20 bungalow properties that are on the northern side of Church 

Road in Lytham. They are accessed from a single access off that road which splits into two cul-de-sac 

roads onto which the existing dwellings front. The application site relates to the area of open space 

that is at the opposite side of the estate road to the dwellings on the eastern side only and so is 

bounded by Melton Grove and the wall which forms the boundary of the site to Church Road. The 

wall is Grade II listed for the whole of the length between Church Drive and the gateposts at Regent 

Road. The wall was constructed in the early 19th century as the boundary wall to the Lytham Hall 

estate. 

The area of the application site is generally flat, although with some minor undulation. The site 

contains a number of mature and some younger trees. The area is entirely covered by TPO 1951 No. 

7, although part of the site is grassed and appears to be regularly mown, rather than left as traditional 

woodland ground cover. There is a second such area at the other side of the access point that is not 

part of this application. 

Surrounding land uses are residential with the properties of the Lytham Avenues Conservation Area 

on the opposite side of Church Road, although this site is outside of any Conservation Area. The 

exception to this is the recently renovated office development at Melton Grove Works which is 

located to the west and has a separate access to Church Road. 


The proposal is a full application to erect a detached two storey dwelling and is a modified version of 

one that was submitted but withdrawn earlier this year, and one for two dwellings that was submitted 

but withdrawn last year. 

This application proposes a dwelling that provides three bedrooms and the usual reception rooms. 

The dwelling is positioned close to the Melton Grove cul-de-sac road and fronts onto that road. A 

driveway with parking space is provided to the side of the dwelling with a Beech hedge indicated as 

being planted around the remainder of the frontage to Melton Grove to delineate the whole of that 

parcel of the existing open space as the domestic curtilage to the dwelling. 

The dwelling is of a bespoke design that provides a rectangular form and is designed at bungalow 

scale with dormers to the rear and a series of four rooflights to the front. The dwelling has a width of 

21m and depth of 5.2m with a ridge of 5.7m. The walls are constructed in a mixture of brick to match 

the existing properties on Melton Grove and natural stone to match the cobbled boundary wall to the 

cul-de-sac. The front elevation features a series of full height vertical windows at ground floor with 

the rear elevation featuring larger areas of glazing to open to the garden, with the solid elements 

84

mainly in brick. The side elevations include vertical cedar boarding at the upper floor with the 

western end featuring an external brick chimney. 

The application is supported by an Arboricultural Implication Report that assesses the trees, and the 

implications of the proposed development. The report confirms that no trees would need to be 

removed to facilitate the construction of the property, and provides details as to how construction 

could be undertaken without interference on the trees that are around the building location. 

A unilateral undertaking has also been submitted. This follows the format of the Interim Housing 

Policy and commits the developer to make contributions of 5% of the value of the dwelling towards 

affordable housing, 2.5% towards public open space and 2.5% towards public realm works. 



12/0136 RESUBMISSION OF APPLICATION 

11/0835 FOR PROPOSED DETACHED 

DWELLING WITH INTEGRAL DOUBLE 

GARAGE 

11/0835 PROPOSED ERECTION OF TWO 

DETACHED DWELLINGS AND 

ERECTION OF DETACHED GARAGES 

WITH ASSOCIATED ALTERATIONS TO 

ROAD LAYOUT 

Withdrawn by 

Applicant 

Withdrawn by 

Applicant 

12/06/2012 

02/03/2012 


None. 


Not applicable. 


Tree Officer 

No comments have been received as the Tree Officer has unfortunately been off sick 

during the consideration of this application. However, in commenting on previous 

applications for dwellings in this area he has raised objection to the proposal given that 

the whole of the area is protected by a Woodland Tree Preservation Order. 

Urban Design / Landscape 

The council has recently employed an urban design and landscape officer to assist with 

the delivery of regeneration projects and to advise on landscape matters. She has assessed 

the merits of this application in terms of its impact on the landscaped setting of the area, 

of the impact on the trees, and in urban design terms. 

With regard to the landscaped setting of the application site, she notes that it provides a 

significant contribution to the landscape character of the residential area, and so to the 

amenity and enjoyment of nearby residents and the public at large. As such it is an area 

that warrants long term retention as open space, yet the proposed development would 

enclose the entire area to form a private garden for the dwelling. As the surrounding 

houses are orientated towards the open space of the application site it forms the focal 

point to the cul-de-sac and allows views across the residential area. The proposed 

85

dwelling and its boundary hedge/garden area would be visual intrusive and block views 

across the woodland. 

With regard to the trees, she comments that the woodland area has matured and is of 

significant amenity value to Melton Grove, Church Road and to the landscape character of 

Lytham. A number of trees within the woodland are now of significant individual merit, 

and this is represented in the Tree Survey submitted by the applicant. The Tree Protection 

Plan submitted by the Applicant, clearly identifies that the three trees of greatest amenity 

value within the woodland will be directly affected by the development, these are T14 – 

Beach, T21 - Oak and T27 – Beech. The Plan clearly shows that the existing canopy falls 

within the construction area of the dwelling and thus the trees will be impacted by the 

development during the construction period and this will potentially affect their growth 

and health through maturity due to damage to the roots and impairment of growth in the 

future. 

Due to their maturity and density of the crown the trees will permanently shade the 

proposed dwelling, thus providing limited light and so resulting in it being vulnerable to 

thinning and tree works to reduce the crown, to improve the lighting levels available to 

the dwelling and its surrounds. 

In terms of the urban design implications she notes that the existing Melton Grove 

properties are set back from the highway with large open lawn areas to the fronts. As the 

proposed dwelling is sited directly adjacent to the highway, due to the site restrictions of 

the existing woodland, it will be visually incongruous to the street scene, its landscape 

setting and the character of the area. 


The Lytham St Annes Civic Society refers to the revised design of the dwelling compared to the 

previous application, but reiterates their previous objections. They highlight the local pride over the 

low density development of Melton Grove which they describe as being sited unobtrusively amongst 

trees behind the listed cobbled wall of the Lytham Hall parkland. They refer to its original 

construction in 1952-6 as social housing for local people that has had little alteration since that time, 

with the original layout and design believed to be influenced by Tom Mellor. They repeat a previous 

request that the estate be designated as part of a conservation area. Having set this scene they state 

that the estate should not be subject to random development and alterations. Finally, they highlight 

that the terms of a sale of the land should not form part of any consideration of a planning application. 



No. Of Responses Received: 12 


One of the letters does not object to the application and vouches for the applicants as 

landlords and their commitment to preserving the area. 

The remaining letters all raise objection to the application and are summarised as: 

• The dwelling is out of character with surrounding properties in its design and 

appearance. These have a pleasant design and are sympathetically sited, whilst this 

development will detract from that 

• The enclosure of the garden area as proposed will further detract from the character of 

the area 

• The new dwelling will overlook existing properties 

86

• The dwelling is sited in an area protected by Tree Preservation Order and will 

inevitably damage the roots to surrounding trees 

• The purpose of a woodland TPO is to ensure that all trees in an area, whether planted 

or naturally regenerated, are protected so that the woodland has on-going protection 

into the future. Given that the council imposed a woodland TPO on this site, it should 

resist any developments within that area in principle to protect the woodland as a 

whole 

• The woodland serves as a habitat to wildlife and any development within it, 

particularly with the residential use involved here, will reduce its attractiveness for 

animals 

• The parking arrangements for the dwelling are inadequate, and vehicle movements 

will be unsafe on the areas road network 

• The development will increase the use of the narrow access to the site from Church 

Road which suffers poor visibility due to the bus shelter location, and is close to the 

difficult junction of Cambridge Rd and that of Skew Bridge 

• The roof height of the dwelling is such that it will be very visible from Church Road 

and will impact adversely on the character of that street and the conservation area 

• that the council was given the land to look after for the residents of the borough and so 

should not have been able to sell it off for profit and then allow development that will 

impact on the elderly residents 

• A historical perspective is provided by a letter that includes several newspaper articles 

from the time that Melton Grove was developed and comment on the intention and 

funding for the dwellings. 



DP01 

L04 

L05 


SP01 

HL02 

HL06 

EP01 

EP04 

EP07 

EP12 

EP14 


NPPF: 

IHP 







Environmental Improvement Schemes 

Alteration and adaptation of listed buildings 

Features & artefacts of local importance 

Conservation trees & woodland 





Tree Preservation Order 




87


Planning Policy Background 

Under the Fylde Borough Local Plan, the application site is located within the settlement boundary of 

Lytham where Policy SP1 supports development in principle. The Interim Housing Policy gives 

further weight to this by directing residential development to such settlement locations. The applicant 

has rightly highlighted the continuing need for a local planning authority to be able to demonstrate a 5 

year supply of housing land, and that Fylde Borough Council is presently unable to do so. The NPPF 

encourages sustainable development, and it is the applicant’s view that this proposal represents such 

development and so should be supported. 

Whilst the site is undeniably in a sustainable location, that alone is not sufficient for the council to 

approve any development scheme. The determination of this application requires an assessment of 

the detailed criteria covered by Policy HL2 relating to new residential development and this is 

provided by this report. Further policies of the Local Plan will also be referred to where they are 

relevant, such as those relating to the protection of trees, and the other factors raised by this proposal. 

Impact on Trees 

The whole of the application site is covered by Tree Preservation Order 1951 No. 7 which is a 

woodland order and so all the trees within its boundary are protected. The siting of any structure on 

the site will therefore need to be carefully considered so as to ensure the amenity value of the 

individual trees and woodland as a whole is not unduly compromised. 

The application is supported with a survey of the trees across the application site that assesses them 

individually and confirms that many need minor pruning works as part of an effective woodland 

management strategy. The report identifies that four of the trees are within close proximity to the 

dwelling, with two of these being Beech trees that are recorded as being of Category A quality. The 

report confirms that the current application relocates the dwelling from earlier schemes so that it is 

outside of the Root Protection Area of these trees. Finally the report gives details of the protection 

measures and construction techniques that are appropriate to minimise the potential for damage to be 

caused to the existing trees in line with BS5837:2012. 

This application and supporting tree report has not been assessed by a professional arboriculturist, but 

the council’s Arboricultural Officer looked at the similar proposal under reference 12/0136 and raised 

issue to the principle of erecting a dwelling in this area. The current scheme has also been considered 

by the council’s Landscape Officer whose comments are reported fully earlier. Taking these 

comments together and assessing the scheme it is considered that there are four main areas of 

concern: 

• The physical works proposed are close to the trees and could therefore impact on them. Whilst 

the potential impacts are lessened from the previous scheme, there remains an element of 

encroachment into the Root Protection Areas during construction. Protection measures will need 

to be applied during construction, but there remains the possibility that this proximity may 

impact on the future growth potential of the trees, with the closest trees to the site being of the 

best quality. 

• The reason for the site being protected as a woodland Order is due to the desire for the trees to be 

retained for their collective value, rather than just as individual specimens. It also allows the area 

to continually regenerate as all current and future trees within a woodland area are protected by 

the Order. The development proposed will occupy a sizeable part of the woodland area and so 

prevent future trees growing in that area. 

• The presence of the dwelling within the trees will have an obvious visual impact that will reduce 

the value of the woodland as an area in itself and detract from the setting for the Melton Grove 

development as a whole. Moreover, the enclosure of the woodland within the domestic garden to 

the dwelling will detract from its character as woodland, and creates a likelihood of future 

88

damage to them such as with the placing of sheds onto their root plates, alterations to drainage as 

areas are domesticated, fixing of materials to their trunks, etc. 

• It is also considered likely that the future occupiers will raise concern over the proximity of the 

retained trees to their dwelling on grounds of loss of light and safety, and so place pressure on the 

council for these to be subject to further pruning works or even felling. This would detract from 

the value of the woodland and prevent the natural re-growth that is essential for its survival. 

The development creates the opportunity for the council to require the management of the remaining 

trees to be undertaken as a planning condition, and this is a benefit to the development. However, the 

collective weight of the areas of concern listed above are such that they outweigh this benefit. It is 

considered that the proposal will have a detrimental impact on the viability of the area as a woodland 

and will detract from the amenity value that it offers to the wider streetscene. As such the proposal is 

contrary to Policy EP12 of the Fylde Borough Local Plan. 

Design of Dwellings 

The Melton Grove development contains 20 properties that are all of a consistent style and 

construction materials being true bungalows with a brick and tiled roof construction. The property 

previously proposed under application 12/0136 was a deliberate contrast to that with a ’modern’ 

design featuring a central circular core. This application reverts to a simpler rectangular form with a 

true bungalow appearance to the front and just a pair of modest scale dormers to the rear elevation. 

The materials are mainly brick, slate and stone, and whilst stone is not found on the other dwellings, it 

is used locally with the estate boundary wall being constructed in that material. Previous concerns 

over the design of the dwelling and its materials of construction have been addressed in this 

submission and it therefore complies with Policy HL2 in that respect. 

The previous scheme was criticised as being in conflict with criteria 2 of Policy HL2 which requires 

that a development be “in keeping with the character of the locality in terms of scale, space around 

buildings, materials and design”. Specific concerns were raised about the scale of the dwelling being 

larger than the modest bungalow properties of Melton Grove, that it was located almost immediately 

adjacent the internal road frontage whereas the other properties on Melton Grove have a setback of 

around 12-15m from this road, and that it involves the loss of the open aspect to the estate and current 

open space use of the application site. 

The current proposal is of a reduced scale and retains a true bungalow appearance with a ridge height 

of 5.8m which is the same height as that of the existing bungalows. However, the forward position of 

the building is retained and will give the property an incongruous position on the cul-de-sac that will 

result in the side and rear elevations being as visible in the streetscene as the front elevation. As such 

areas inevitably feature domestic clutter and become less attractive this will detract from the overall 

appearance of the area. The dwelling cannot be located elsewhere on the site without having a direct 

impact on protected trees which would need to be removed to physically accommodate it. 

It also involves the loss of the open space value of the application site that gives the existing 

development a pleasing setting which is of benefit in visual terms and as an area of communal open 

space for the properties. The area is to be enclosed by a Beech hedge on the plans. Such hedges take 

time to become established and with the position of the property it is likely that some form of 

boundary fence would be required by the occupiers to provide privacy and security to the rear of the 

property which is very visible otherwise. Such a boundary treatment would conflict with the open 

character of the established streetscene. 

Taking the above matters together the proposed development is considered to be in conflict with 

criteria 2 of Policy HL2 and so is recommended for refusal on that basis. 

Access and Parking 

The vehicular access to the Melton Grove development is through a 4m wide gap in the boundary wall 

to Church Road and gives a shared vehicular / pedestrian access. The Church Road footway has a 

width of around 2m and this allows good visibility in both directions with a bus stop and shelter 

89

located immediately alongside this access. There is also a separate pedestrian access to the eastern 

end of the site that uses a gate through the wall and is unaffected by this proposal. 

In previous comments for dwellings on this site, the County Highway Authority have explained that 

the gap in the wall was substandard in width and that they would want to see it widened to 

accommodate the access requirements of the two additional dwellings that were proposed at that time. 

With the site boundary wall being listed, officers were concerned that this was excessive and that the 

highway safety benefits it would bring would not justify the heritage harm it would cause. With the 

current application only including a single extra property, the balance is even more in favour of 

retaining the gap at its existing width to protect the listed wall. 

The application proposes that the parking requirements for the dwelling is provided by a single 

parking space to the side of the dwelling. This is a similar arrangement to that which exists for the 

existing properties. Whilst this is a larger dwelling, it is considered that this is an appropriate 

arrangement for a dwelling in an accessible settlement location such as this. 

The forward position of the dwelling means that there is no driveway in front of the garage, with the 

woodland nature of the site meaning that it is unlikely that any other parking areas could be provided 

without causing further arboricultural concerns. The lack of this driveway means that it is likely that 

there will be visitor and casual resident parking on the roadway. The limited width of this roadway at 

4m creates a potential that passage for refuse and emergency vehicles could be obstructed. However, 

the area is lightly trafficked and it is not considered that this can justify a reason for refusal of the 

application, particularly as in an emergency, it would be feasible for an ambulance or fire engine to 

utilise the front garden area of the other properties to pass any obstruction. 

Impact on Heritage Matters 

The boundary wall to the front of the site is Grade II listed for the whole of the length between 

Church Drive and the gateposts at Regent Road. The wall was constructed in the early 19th century 

as the boundary wall for the Lytham Hall estate. 

There are no physical alterations proposed to this wall and the proposed dwelling is well separated 

from it to avoid any adverse impact during construction. The entrance is also of sufficient width that 

construction vehicles could access the site. The dwelling is separated from the wall by the retained 

trees which will offer screening and ensure that the proposed development will not cause any material 

harm to the setting of this wall. 

Whilst the site is outside of the conservation area, the development has a potential impact on its 

setting and views from the conservation area. Having assessed this, it is considered that the impact is 

limited by the distance and the retained wall and trees on the site boundary. Accordingly the impact 

on the setting of the conservation area is considered to be at an acceptable level and does not warrant 

a reason for refusing the application. 

Neighbour Amenity 

The earlier applications on this part of the site were two storey and created a concern regarding 

potential privacy loss to the existing bungalow dwellings. The current proposal is designed as a 

bungalow from the front, with only limited window openings in the ground floor, and four roof lights 

as the only windows at first floor. These are positioned to be over voids to serve the ground floor 

accommodation only and so do not create any possible privacy implications. The gable windows are 

well separated from any neighbours. 

With this arrangement of windows, and the separation of 21m between the new and existing 

dwellings, it is considered that the previous concerns in this respect have been addressed. The 

reduced scale of the bungalow ensures that there will be no adverse massing or such impacts either to 

the other Melton Grove properties. The separation to the dwellings on the other side of Church Road, 

and tree cover in the rear garden area, is such that the relationship to these properties is acceptable. 

90

This proposal complies with criteria 4 of Policy HL2 requiring that the development does not 

adversely affect the amenity or privacy of neighbouring properties. 

By virtue of its historic role, the Melton Grove development is predominantly occupied by elderly 

residents. Some of the objectors have referred to the impact that a family dwelling could have on 

their amenity, such as noise and disturbance caused by children playing, increased late night and early 

morning activity, etc. Whilst that may be the case, there are no policy restrictions on the nature of the 

dwellings to be constructed and government guidance in para 50 of NPPF suggests that local planning 

authorities should “create sustainable, inclusive and mixed communities”. 


The Interim Housing Policy supports the policies of the Fylde Borough Local Plan in directing 

residential development to settlement locations and so the application complies with that requirement. 

Where required, it also looks to secure appropriate contributions from such developments towards 

affordable housing, public open space provision and improvements to the public realm of the 

borough. In a development of this scale these improvements are generally made as financial 

payments in lieu of actual provision and so secured by a s106 agreement. 

The application was submitted with a signed Unilateral Undertaking that commits the applicants to 

make contributions at a combined level of 10% of the estimated value of the property at the time that 

it is constructed. In its original form there were some concerns over the validity of this achieving the 

council’s requirements from the development. It is anticipated that these will have been resolved at 

the time that the application is heard at Committee to ensure that the Undertaking will deliver the 

affordable housing, public open space and public realm contributions that are appropriate and 

necessary for a development of this scale and so deliver compliance with Policy TREC17, Policy EP1 

and the Interim Housing Policy. It is anticipated that these contributions will be allocated to assist in 

the provision of affordable housing in Lytham where there is a need identified in the Housing Needs 

and Demand Study Update 2007, to assist in the delivery of improved parks and gardens in Lytham 

as identified in the Open Space, Sport and Recreation Study prepared for the council in 2008 by KKP, 

and to assist in the delivery of works associated with Project 4: Lytham or Project 5: Ansdell from the 

Fylde Borough Regeneration Strategy 2010. 

Application Context 

The Design and Access Statement submitted with the application makes reference to the Sale and 

Purchase Agreement under which the application site was purchased by the applicant from the 

Council. The quoted sections envisage ‘the erection of not less than four and not more than 6 

detached homes at Melton Grove’ and that the Agreement ‘allows 22 dwellings in total at any one 

time'. 

The council must determine planning applications on their merits alone, and in accordance with the 

development plan and other material planning considerations. The planning officer has no knowledge 

of the provenance or accuracy of the quotes in this section of the application, but advises members 

that any such agreement is not a material planning consideration and can form no part of the decision 

on this application. 

Conclusions 

The application is for full planning permission for the erection of a single detached dwelling in an 

area of open space associated with Melton Grove which is a small cul-de-sac of bungalows in 

Lytham. The area is one of two at the front of the existing properties that serve as an open space 

setting for the dwellings and contain a number of mature trees that are protected by a woodland tree 

preservation order. 

There are a number of considerations that weigh in favour of the development. Firstly, it is 

sustainably located within the settlement and surrounded by other residential uses. The site has an 

91

acceptable access and the scheme proposes suitable parking arrangements. Concerns over the scale of 

the dwelling proposed in an earlier scheme have been addressed in this proposal, as have those 

relating to its relationship to neighbouring properties. Finally, the application is accompanied with a 

Unilateral Undertaking the commits the applicant to deliver appropriate contributions towards 

affordable housing, public open space and public realm improvements. 

On the other side of the balance is the designation of the whole of the application site as a woodland 

TPO where all the trees that are currently in the area, and any that become established in it, are given 

protection. The report submitted with the application confirms that the dwelling could be constructed 

without requiring the removal of any existing trees, but its development would cause unacceptable 

damage to the woodland area. This is as a combination of the visual impact of the siting of the 

dwelling changing the character of the site, and the potential for future works to be required to the 

trees. The development of a property in this area would also change the character of the application 

site entirely from its current open space function to one where the building and associated domestic 

paraphernalia would dominate. These aspects are contrary to Policy EP12 relating to development 

and protected trees and Policy HL2 relating to new residential development in the Fylde Borough 

Local Plan. 

The presumption in favour of sustainable development expressed in the NPPF adds weight to the 

development of schemes such as this to assist with the council being able to deliver an appropriate 

level of housing supply. However, the NPPF also emphasises the quality of design of development 

and this proposal creates a significant likelihood that it will cause harm to the protected trees, and is 

poorly located within a woodland site that has an open space value to the distinct development 

character of Melton Grove. The scheme is therefore in conflict with the NPPF and so this does not 

give any justification to overrule the policies of the development plan in reaching a decision on this 

application. Accordingly, in the view of your officers, the local plan policies referred to above are in 

conformity with the NPPF and as such considerable weight should be given to them in the 

determination of this application. 


That Planning Permission be REFUSED for the following reasons: 

1. The development will involve the erection of a dwelling in an area of woodland that is the 

subject of a Tree Preservation Order and has good amenity value. The development will 

remove an area of the existing woodland by its construction and will detract from the 

visual and arboricultural quality of the woodland as a whole following its construction. 

The positioning of a dwelling in this woodland area will also create an undue risk that 

future occupiers will create pressure for works to be undertaken to prune the trees on safety 

and amenity grounds. These impacts will create an unacceptable risk that harm will be 

caused to the individual trees and erode the overall value of the woodland contrary to 

Policy EP12 and criteria 5 of Policy HL2 of the Fylde Borough Local Plan. 

2. The position of the proposed dwelling against the road within the Melton Grove streetscene 

and associated enclosure of that area conflicts with the layout of the existing properties on 

Melton Grove and their open frontages. It will also involve the loss of the open space and 

woodland setting to the existing properties that is provided by the application site and so 

have an adverse impact on the distinctive streetscene of Melton Grove as a whole. 

Accordingly the development is contrary to criteria 2 of Policy HL2 of the Fylde Borough 

Local Plan. 

92



Permission 

Applicant: Mr Brooks Agent : GL Hearn 

Location: 

GEORGES GARAGE, 45 LYTHAM ROAD, BRYNING WITH 

WARTON, PRESTON, PR4 1AD 

Proposal: 

PROPOSED ERECTION OF BUILDING PROVIDING TWO CLASS A1 

RETAIL UNITS (COMBINED INTERNAL FLOOR AREA OF 469M2) 

INCLUDING A NEW PEDESTRIAN CROSSING OVER LYTHAM 

ROAD FOLLOWING DEMOLITION OF EXISTING BUILDINGS ON 

SITE (RESUBMISSION OF APPLICATION 11/0564) 

Parish: Bryning with Warton Area Team: Area Team 1 






The application relates to the former George's Garage premises on Lytham Road in Warton. 

The proposal is the erection of 2 retail units incorporated into one building along with 

associated office and storage space, and the provision of a 21 space car park to the front. 

The Development Management Committee have previously discussed the proposal at the 13 

June 2012 meeting during which the Council's position in respect of an appeal against the 

failure to determine the previous application (ref. 11/0564) for this development was 

considered. At that time members resolved that the retail impact, design, and neighbour 

relationships were acceptable. This report considers those aspects of the development which 

raised concern at the time, and which officers now consider to be resolved in this submission 

and with other developments. 


Due to the previous planning history of the site in respect of an earlier application for the construction 

of a supermarket on the site (ref. 09/0420). 


The application site is a vacant car sales and maintenance premises known as George's Garage. It is 

located on the southern side of Lytham Road and towards the eastern boundary of Warton with 

Freckleton. At the time the application was made the site contained a series of single storey buildings 

with one two storey dwelling to the front western boundary, all of which were vacant. The majority 

of the buildings have now been demolished, and the site cleared of most of the debris, although the 

dwelling remains and a building to the rear of the site remain. 

The site is rectangular in shape having a width of approximately 40 metres, a depth of 37 metres, and 

covering approximately 0.14 hectares. Surrounding land uses are mainly residential with a few 

94

usiness premises sporadically sited along Lytham Road. To the rear of the site is an area of vacant 

land which is under the control of the applicant and which is currently the subject of a separate 

application for residential development (ref. 12/0527). Beyond that is a vacant part of the BAE 

Systems’ Warton site. 


This application seeks full planning permission for two retail units located within one rectangular 

shaped building with a floor area of 469 square metres. The main unit would have a floor area of 372 

square metres and is referred to in the Design and Access Statement for convenience retail, and the 

second unit has a much smaller floor area of 97 square metres for A1 retail use. The proposed 

building would be single storey and with a flat roof design. The front elevation features a mix of 

glazed openings, red facing brickwork, and white rendered entrance pillars. The side and rear 

elevations would be finished in smooth white render. The application proposes a new single vehicular 

access to the site from Lytham Road which would serve both retail units. A total of 21 car parking 

spaces will be provided (which includes 2 disabled spaces). No parking provision for motorcycles has 

been proposed although provision has been made for pedal cycles. 



09/0420 OUTLINE APPLICATION FOR LOCAL 

FOOD STORE OF 1394M2 

95/0550 DEMOLITION OF DWELLING, 

GARAGE, AND CAR SHOWROOM AND 

REDEVELOPMENT TO FORM NEW 

PETROL FILLING STATION WITH CAR 

WASH FACILITY 

94/0544 CERTIFICATE OF LAWFULNESS - FOR 

VEHICLE STORAGE, DISMANTLING 

AND RETAIL SALE OF SALVAGE. 

92/0449 ESTABLISHED USE FOR VEHICLE 

STORAGE, DISMANTLING AND 

RETAIL SALE OF SALVAGE 

Withdrawn - 

Appeal against 

non-determine 

12/01/2010 

Granted 11/10/1995 

Granted 14/09/1994 

Granted 12/08/1992 

91/0845 CONSTRUCTION OF VEHICLE REPAIR Granted 08/12/1993 

WORKSHOP 

76/0069 1-6000 GALLON UNDERGROUND 

PETROL TANK. 

Granted 03/03/1976 


An appeal was submitted on application 09/0420 which was for a large retail store on the site that is 

covered by application 12/0524 and 12/0527 combined. This was dismissed due to concerns over the 

scale of the retailing operation having an impact on neighbouring centres. 

A previous application (ref. 11/0564) for the same proposed retail development is currently the 

subject of an appeal against the Council's failure to determine the application within the prescribed 

period. A report to establish the Council's position in respect of this appeal was considered by the 

Development Management Committee on 13 June 2012. 


Bryning with Warton Parish Council have no objections to the proposal but make the observation 

95

that the three parking bays indicated for clearance during deliveries be set aside as staff parking only 

so that the spaces can be vacated quickly on expectation of any deliveries. 

Freckleton Parish Council object to the proposal as it would have an adverse impact on local retail 

centres and affect the sustainable community in Freckleton and other surrounding areas. The new 

crossing would be hazardous as there is already a crossing near to the site 

Kirkham Town Council object to the proposal on the basis that this an out of town retail 

development 



This application is a resubmission of 11/0564 which was previously commented on by 

LCC Highways. During assessment of application 11/0564 highway improvements and 

safety measures deemed essential to make the proposal acceptable were identified. The 

measures included the provision of a pedestrian refuge and local carriageway widening, 

and the extension of the existing road hatchings. 

As noted from plan (P)103 Rev F, dated 08/04/2011, of the resubmitted application 

12/0524, most of the highway recommendations appear to have been taken into account. 

It appears too from the applicant’s swept path assessment that heavy goods vehicles 

(HGVs) would be able to safely turn into the site from Lytham Road, carry out reverse 

manoeuvres on-site and safely exit in a forward gear. However it is noted from the 

tracking diagrams that both lanes at the access would have to be taken up for HGVs to 

safely enter or exit the site. This is not unusual but considering the frequency at which 

vehicles would use the site this it is advised that when produced the Delivery 

Management Plan referred to in the Design and Access Statement should include 

provisions to prevent conflict between HGVs and other vehicles at the site access. 

The site falls within an area of low accessibility, but the applicant seems to have under 

provided the number of car parking spaces required for the proposal. From Highways 

estimation the proposal should have no less than 30 parking spaces which should include 

at least 3 spaces for the mobility impaired, storage for 3 cycles and a space for parking 

one motorcycle with infrastructure for locking to. The applicant is only providing 21 

spaces including 2 spaces for the mobility impaired and a storage for 4 cycles. No 

provision has been made for parking of motorcycles. The shortfall in parking provision 

may result in vehicles parking on street to the detriment of residential amenity. This 

concern was raised in the response to application 11/0564 but as no recommendation was 

made for refusal of the application on the basis of the shortfall I would be reluctant to do 

so in this instance. Would however reiterate the need for a condition in the approval to 

enable the applicant to fund the investigation and possible implementation of a ‘No 

waiting at anytime’ Traffic Regulation Order to prohibit parking outside the site on 

Lytham Road. 

The applicant’s proposal for the pedestrian refuge as shown on the plan quoted above is 

noted. The design is acceptable in principle (subject to detail design) as it would assist 

pedestrians to cross the road more safely. 

There are currently two bus stops to the west of the site as noted by the applicant in the 

Design and Access Statement, but none of these stops are currently DDA compliant. Due 

to the anticipated increased use of the bus stops as a result of the proposed retail 

development works will be required to upgrade the stops to Quality Standards with raised 

kerbs, etc. and shall be carried out through a s278 agreement of the Highways Act 1980. 

96

Finally as indicated in the previous Highways response there are no overriding highway 

objections and if you are minded to approve the proposal then the following conditions 

and advice notes should apply. They include those contained in the response to 

application 11/0564. 

Ministry of Defence 


BAe Systems 






Amended plans notified: 

No. Of Responses Received: Five 


Two letters of support: 

• Good to see an otherwise derelict area of land at the entrance to Warton being 

developed 

• An affordable and modern retail option would be very welcome 

Three letters of objection: 

• Existing traffic from BAe and other local businesses already make it impossible to 

enter Lytham Road drives at peak times 

• It would result in further congestion on the main thoroughfare through Warton 

• It has implications for the local elderly population and children at primary schools 

and nursery on Lytham Road 

• Would result in increased noise pollution 

• Would have a negative impact on existing local retail businesses 

• The location is such that it would necessitate the majority of customers to use their 

cars to visit the shop 

• Potential increase in anti-social behaviour 

• The development would make it less likely that vacant retail units in Kirkham and 

Lytham will be occupied 

• Light pollution form external lighting 

• The pedestrian refuge will prevent the reversing of a caravan and car from No.70 

Lytham Road 

• The units will not benefit the majority of people in Warton. 


• Negative affect on values of surrounding properties 

• Increased air pollution in Warton 

• New buildings on south facing properties of Lytham Road will adversely affect 

views and possibly levels of sunlight reaching these properties 

• Loss of privacy to the front of Lytham Road properties due to increased passing 

trade 

• Additional HGVs making deliveries into Warton will further lessen its appeal. 

97



DP01 

DP02 

DP03 

W05 


SP01 

SH11 

SH12 

SH14 

SH15 


NPPF: 




Retail development 


Local service centre (Warton) 

Protection of existing local centres and village shops 

Design of large retail stores 

Small scale out of centre retail development 








An officer report seeking to establish the Council's position in respect of the ongoing appeal for the 

previous application, 11/0564, was put before the Development Management Committee on 13 June 

2012. At that meeting the Committee resolved that the proposed development would have no adverse 

impact on neighbouring town centres and that its relationship with neighbours and its design were also 

acceptable, but did specify specific areas where there were areas of dispute at that time. These aspects 

are therefore the matters to be addressed in this report below. 

1. Piecemeal development of the site 

Concern was raised that this proposed retail development would prevent any means of acceptable 

access to the remaining area of land to the rear of the application site; effectively 'landlocking' it and 

prejudicing the future development of this previously developed site. A separate application has since 

been submitted for a residential development on this land which proposes a residential access from 

Post Lane (planning application 12/0527 refers), and which if approved would resolve the concern 

regarding 'landlocking' 

2. Site layout 

Concern was raised over a perceived intensive development of the site that provides no meaningful 

landscaping or separation of the development from its boundaries. To address this concern the 

proposed site plan now shows indicative landscaping to the front of the site to soften the appearance 

of the site when viewed from Lytham Road. An appropriate condition requiring the submission of a 

detailed scheme prior to the commencement of any development would be attached to the planning 

permission if granted. 

3. Potential conflict of the site access 

A further concern raised was the uncertainty regarding how the site access might impact on the 

98

proposed new vehicular access to the BAe land to the rear of the site that was anticipated to be the 

location of a major residential scheme and development associated with the Enterprise Zone. At the 

time that the Committee considered the report there was no application on this land and the Enterprise 

Zone was still under consideration. However since then a residential planning application has been 

received (planning application 12/0550) which proposes this access to be from Lytham Road 

approximately 130 metre to the east of the Georges Garage site, and the Enterprise Zone progressed. 

County Highways have considered the potential for any conflict between the two accesses and given 

the relatively low level of traffic expected to be associated with the proposed Georges Garage retail 

development they have raised no concern or objections. 

4. Other matters 

LCC Highways have requested that the two bus stops located to the west of the site be upgraded to 

Quality Standards as part of this development through a s278 agreement of the Highways Act 1980. 

It is noted that such works have not been requested for either of the previously proposed retail 

schemes at this site and as such it is not considered that a request for the works on this occasion is 

sustainable. 

Conclusions 

The proposed development of a retail store is a main town centre use outside of a town centre. As 

such it is necessary to assess whether there are any sequentially preferable sites for the store, and 

whether it will have any adverse impact on the health of neighbouring centres. The conclusion of the 

council is that these matters are acceptable and that the proposal is not in conflict with the remaining 

relevant parts of Policy SH15 and the National Planning Policy Framework. The proposal involves 

highway improvements, including the provision of a pedestrian refuge on Lytham Road, and has an 

acceptable impact on highway capacity and other such matters. The design of the store is appropriate 

for its location and there are no other outstanding matters. As such the application complies with 

Policy SH14 and all other relevant policies and guidance and is recommended for approval subject to 

the following conditions. 










2. The development hereby approved relates to the following drawings and reports unless 

agreed otherwise in writing with the Local Planning Authority: 

3. Location plan 

4. Existing Site Plan and Elevation - Archer Architects Project No. 4278 Drawing No. 

(P)102 

5. Proposed Site Plan - Archer Architects Project No. 4278 Drawing No. (P)103 Rev F 

6. Proposed Building Elevations - Archer Architects Project No. 4278 Drawing No. 

99

(P)203 Rev C 

7. Design and Access Statement - GL Hearn, dated August 2012 

8. Phase 1 Land Quality Assessment - SKM Enviros, dated 27 May 2011 

For the sake of clarity in defining the permission as agreed with the applicant. 

3. The external materials to be used in the approved development shall accord with those 

indicated on the approved plans. Prior to their use on site samples all of the materials shall 

be submitted to and approved in writing by the Local Planning Authority, and only these 

approved materials shall then be utilized in the development. 

In the interests of securing a satisfactory finished appearance to the development to 

preserve the visual amenity of the area. 

4. The approved development as indicated on the approved site plan shall be operated as two 

separate units; Unit 1 as convenience food store with a floor area not in excess of 372 sqm, 

and Unit 2 as a comparison goods store with a floor area not in excess of 97 sqm. The 

respective sales areas of Units 1 & 2 shall not be sub-divided into smaller units. 

In order to maintain appropriate control over the operation of the retail unit to prevent it 

detracting from the vitality and viability of nearby centres as required by PPS4. 

5. Prior to commencement of the development full details of acoustic fencing along the rear 

boundary of the site and along both side boundaries up to a point level with the front of the 

approved retail units shall be submitted to, and approved in writing by, the Local Planning 

Authority. The acoustic fencing shall be erected in accordance with that approved detail 

and then retained thereafter. 

To minimise the potential for disturbance to the amenity of the occupiers of neighbouring 

residential properties. 

6. Prior to the commencement of any development full details of the remaining boundary 

treatments (excluding the acoustic fencing referred to in condition 5) shall be submitted to 

and approved in writing by the Local Planning Authority. These boundary treatments shall 

be erected in accordance with that approved detail and then retained thereafter. 

To ensure that the site boundaries are appropriately defined in the interests of the character 

of the area. 

7. Prior to the installation of any external lighting at the site full details of the design, 

direction, shielding and power of illumination of this lighting shall be submitted to and 

approved in writing by the Local Planning Authority. Only lighting that accords with these 

approved details shall be installed at the site. 

In the interests of visual and residential amenity of the area 

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

the pedestrian refuge, as indicated on the approved 'Proposed Site Plan' and 'Proposed 

Pedestrian Island' drawings, is fully installed to the written satisfaction of the Local 


In order that the traffic generated by the development does not exacerbate unsatisfactory 

highway conditions in advance of the completion of the highways works, and to improve 

the accessibility of the site by means other than private car in the interests of encouraging 

sustainable transport 

100

9. Prior to the first trading of the approved retail units the associated car parking area, as 

indicated on the approved site plan, shall be surfaced and marked out as indicated on that 

plan. The parking spaces indicated shall be retained available for the appropriate parking 

of motor vehicles at all times thereafter. 

To provide a satisfactory level and standard of parking facility in the interests of pedestrian 

and highway safety. 

10. Prior to the commencement of development, a scheme for off-site highway works 

associated with the alteration of the access and the formation of the pedestrian crossing 

(including any alterations to the footway widths, kerb details, road markings, etc) shall be 

submitted to and approved in writing by the Local Planning Authority. This scheme shall 

be fully implemented prior to the first use of any retail unit hereby approved. 

To ensure an appropriate standard of construction of the access and refuge in the interests 

of highway safety and the proper construction of the highway. 

11. Prior to the commencement of the approved development a scheme for the disposal of foul 

and surface waters shall be submitted to and approved in writing by the Local Planning 

Authority. The approved drainage scheme shall be implemented as part of the 

development and maintained thereafter. 

To ensure a satisfactory means of drainage 

12. That prior to the commencement of any development hereby approved a schedule of 

opening hours shall be submitted to and approved in writing by the Local Planning 

Authority. If the opening hours are to extend beyond the period 0800 hours to 20.00 hours 

on any day, then the schedule shall be supported with a noise assessment to demonstrate 

that the operation of the stores outside of these hours will not cause undue noise 

disturbance to the amenity of surrounding residents. The stores shall operate only within 

the opening hours approved in this condition, and commercial deliveries to the approved 

units shall be restricted to between the approved opening times only. 

To prevent undue disturbance to neighbouring residential amenity 

13. Prior to the first trading of the approved retail units a scheme detailing how deliveries to 

the units are to be safely managed is to be submitted to, and approved in writing by, the 

Local Planning Authority. The approved scheme is thereafter to be adhered to at all times. 

In the interests of ensuring the safety of pedestrians and customers of the units. 

14. Prior to the commencement of the development hereby approved a scheme to indicate the 

landscaping of the site shall be submitted to and approved in writing by the Local Planning 

Authority. This shall be implemented prior to the first trading of either retail unit and 

maintained in accordance with a schedule of maintenance that shall form part of the details 

submitted. 

To provide an appropriate landscaping of the site and so to respect the character of the 

area. 

15. Prior to any on site construction a Construction Plan shall be submitted to, and approved in 

writing by, the Local Planning Authority. The Plan is to include the method and details of 

construction: including vehicle routing to the site, construction traffic parking and any 

temporary traffic management measures, times of construction, access and deliveries. Once 

101

approved the Construction Plan shall be implemented and adhered to during the 

construction of the development. 


construction given the proximity to residential properties and in the interests of highway 

safety 

16. No part of the development hereby approved shall be commenced on site unless and until: 

1. A site investigation has been designed for the site using the information 

obtained from the 'Phase 1 Land Quality Assessment, dated 27 May 2011, by 

SKM Enviros' submitted with the application. This should be submitted to and 

approved in writing by the local planning authority prior to the investigation 

being carried out on the site. 

2. The site investigation and associated risk assessment have been undertaken in 

accordance with details submitted to and approved in writing by the local 

planning authority. 

3. A method statement and remediation strategy, based on the information 

obtained from ‘b’ above, including a programme of works, have been 

submitted to and approved in writing by the local planning authority. 

4. The development shall only then proceed and in strict accordance with the 

measures approved. Work shall be carried out and completed in accordance 

with the approved method statement and remediation strategy referred to in 'c' 

above, and to the agreed timescale, unless otherwise agreed in writing by the 

local planning authority. 

5. If, during development, contamination not previously identified is found to be 

present on site then no further development (unless otherwise agreed in writing 

with the local planning authority) shall be carried out until the developer has 

submitted and obtained written approval from the local planning authority for 

an addendum or addenda to the method statement and remediation strategy. 

This addendum/addenda to the method statement must detail how this 

unsuspected contamination is to be dealt with. 

6. Upon completion of the remediation detailed in the method statement and 

remediation strategy a report shall be submitted to the local planning authority 

providing verification that the required works regarding contamination have 

been carried out in accordance with the approved method statement and 

remediation strategy. Post remediation sampling and monitoring results should 

be included in the report to demonstrate that the required remediation has been 

fully met. Future monitoring, sampling and reporting should also be detailed in 

the report. 

To provide an appropriate level of protection against the potential for those involved in the 

construction process and future staff and visitors to the store to be affected by pollution or 

contamination. 






102


The approved retail development is not considered to have an undue detrimental impact on 

local retail centres and the design of the store is considered appropriate for its location. As 

such the development is considered to accord with policies SH14 and SH15 of the Fylde 


103

104


Application Reference: 12/0527 Type of Application: Outline Planning 

Permission 

Applicant: Mr Brooks Agent : Mr GL Hearn 

Location: 

GEORGES GARAGE, 45 LYTHAM ROAD, BRYNING WITH 

WARTON, PRESTON, PR4 1AD 

Proposal: 

OUTLINE APPLICATION FOR THE PROPOSED DEVELOPMENT OF 

UP TO 16 NO. DWELLINGS (ACCESS FROM POST LANE APPLIED 

FOR WITH ALL OTHER MATTERS RESERVED) 

Parish: Bryning with Warton Area Team: Area Team 1 



Not applicable 



This application seeks outline planning permission for the provision of up to 16 affordable 

houses on a previously developed site within the settlement of Warton. Subject to the 

imposition of a legal agreement to deliver the affordable housing and standard planning 

conditions the proposal accords with Policies SP1 and HL2 of the Fylde Borough Local Plan. 

The proposal makes good use of this redundant settlement site to provide much needed 

affordable housing with good accessibility to local services and hence it is recommended that 

members support the proposal. 


The application proposes major development and so the Scheme of Officer Delegation requires that 

an officer recommendation for approval be determined by Committee. 


The application site is located within the settlement boundary of Warton and forms part of the former 

Georges Garage site; the northern part of which (adjacent to Lytham Road) is currently the subject of 

a separate application for two retail units (ref. 12/0524). The site is a square shaped parcel of land 

measuring approximately 0.3 hectares in size and was previously used for car dismantling in 

connection with the car sales that took place from Georges Garage. Residential dwellings lie to both 

the east and west of the site. To the west are the two storey red brick dwellings on Post Lane and to 

the east is the rear garden of No.41 Lytham Road. To the south is a small stream which marks the site 

boundary and beyond that is land belonging to BAe and which is currently the subject of a planning 

application for a residential development of circa 230 homes and new access road from Lytham Road. 


The application is submitted in outline with all matters other than the access reserved. The original 

105

application was for the erection of up to 18 dwellings however this number has been reduced to 16 

dwellings which is considered more in keeping with the character of the neighbouring residential 

developments. The dwellings are described as being three bedroomed semi-detached and mews 

properties in the Design and Access Statement however the indicative layout for 16 dwellings 

submitted with the application indicates that all the dwellings will be semi-detached. This 

notwithstanding the layout is illustrative only and does not necessarily reflect the final proposed 

development and hence will not be considered for the purpose of determining the application. 

Vehicle and pedestrian access to the site is proposed to be via the cul-de-sac of Post Lane, which will 

be effectively extended westward to serve the new dwellings. Since first submission the applicant has 

indicated that all 16 properties will be delivered as affordable units, although the nature of their tenure 

is a matter that is not specified. 

In addition to a Design and Access Statement and a Planning Statement, the application is submitted 

with an 'Environmental Impact Assessment' which examines ground conditions, contamination, flood 

risk, noise, and ecology. 



09/0420 OUTLINE APPLICATION FOR LOCAL 

FOOD STORE OF 1394M2 

95/0550 DEMOLITION OF DWELLING, 

GARAGE, AND CAR SHOWROOM AND 

REDEVELOPMENT TO FORM NEW 

PETROL FILLING STATION WITH CAR 

WASH FACILITY 

94/0544 CERTIFICATE OF LAWFULNESS - FOR 

VEHICLE STORAGE, DISMANTLING 

AND RETAIL SALE OF SALVAGE. 

92/0449 ESTABLISHED USE FOR VEHICLE 

STORAGE, DISMANTLING AND 

RETAIL SALE OF SALVAGE 

Withdrawn - 

Appeal against 

non-determine 

12/01/2010 

Granted 11/10/1995 

Granted 14/09/1994 

Granted 12/08/1992 

91/0845 CONSTRUCTION OF VEHICLE REPAIR Granted 08/12/1993 

WORKSHOP 

76/0069 1-6000 GALLON UNDERGROUND 

PETROL TANK. 

Granted 03/03/1976 


There is no history relating to this site alone, although it was part of the site that was subject to an 

appeal against the council's none determination of application 09/0420 relating to a large retail unit on 

the combined sites of applications 12/0524 and 12/0527 on this agenda. That appeal was dismissed on 

grounds of its perceived retail impact on neighbouring centres. 


Bryning with Warton Parish Council do not raise any objection to the development. They do 

express concern that the 18 dwellings originally proposed would make access and servicing difficult 

and wish to see steps imposed to ensure that the affordable dwellings remain as such. 

Kirkham Town Council specifically supports the proposal as it would make use of a brownfield site 

106



The outline application is for development of 18no. dwellings, although approval is only 

being sought for access with all other matters reserved. 

Traffic impact: 

The proposal will impact Lytham Road, Mill Lane and the wider highway network. As 

such, a Transport Statement will be required to identify what material impacts the 

proposed development will have. The Statement should establish the level of impacts at 

all critical locations particularly Lytham Road/Mill Lane and Mill Lane/Post Lane and 

propose measures towards mitigating them. The mitigation measures will need to focus on 

maximising access by sustainable means to and from the development. 

Internal layout: 

The applicants indicative layout seems satisfactory, however, the final detailed layout 

should follow the philosophy of the Manual for Streets (MfS & MfS2) and the County 

Council's 'Creating Civilised Streets' and sufficiently detailed in order to be acceptable for 

adoption under a Section 38 Agreement of the Highways Act 1980 with adequate 

measures to control vehicle speeds (not necessarily with vertical deflections) and to limit 

the impacts on the environment. 

The detailed design should incorporate turning heads to prevent unnecessary vehicular 

reverse manoeuvres which can often cause damage to adjoining grass verges, footways 

and pose safety risks to children and pedestrians. There are some concerns with the 

current outline layout with regard to access to some parking bays and the effect of 

potential on-street parking. 

The general geometry of the internal road should be in line with approved guidelines 

particularly, in terms of its width. 

Public transport: 

The proposed development is located in an area not well served by alternative means of 

transport to the private car. Basic services/amenities, e.g. shops are not within easy 

walking distance of the site and the available bus services have long frequency durations 

and rigid timetables; and the nearest train station is Kirkham Station which is about 4 

miles away. As a result, residents of the proposed development will mainly depend on 

private car use at the expense of the environment. 

Therefore, in the interest of sustainability, the Transport Statement should include 

information on existing bus services in the area and any proposals to upgrade/extend 

services or facilities to best serve the development. It should be noted that the two closest 

bus stops to the site are not in conformity with DDA requirements and will require 

upgrading to Quality Standards. These stops should be upgraded to Quality Standards as 

part of the full Georges Garage site development. 

Parking: 

Any proposed parking in the development should be in accordance with the Standards in 

the Joint Lancashire Structure Plan 2001-2016 with the necessary provision made for the 

disabled. 

Based on a low accessibility score of 18, it is estimated that the proposed 18no. 3-bed 

dwellings would require 36no. car parking spaces, i.e. 2 spaces for each 3-bed dwelling. 

Access: 

The applicant is seeking approval for access only in this submission. The indicative plan 

shows that the proposed development will be accessed from Mill Lane via Post Lane. I 

107

should point out that Post Lane is currently unadopted and not maintained by LCC 

Highways. It is privately maintained and access can be restricted by the owners. 

Therefore, for Post Lane to be used to access the development, the applicant would 

require approval of the land owners. LCC would not normally adopt existing private 

streets and unadopted roads or footways, unless they are brought up to Council's 

guidelines and standards. 

To ensure the site is permeable, the applicant should consider providing a pedestrian link 

to Lytham Road by continuing the footpath to the west of the associated proposed site for 

the retail development into the development. 

Developer contribution: 

The site is located in an area of low accessibility with a score of 18 in terms of use of 

sustainable means of travelling to and from the development and in terms of services that 

can be obtained by sustainable means of transport such as walking, cycling or use of 

public transport rather than cars. Therefore, in view of the impact on the highway 

network, an appropriate obligation based on the proposed number of dwellings will be 

requested from the developer in accordance with the LCC Planning Obligations in 

Lancashire Policy document. Although the indicative figure according to the document is 

£34,200, it is estimated that a contribution of £20,000 should be requested through a S106 

agreement to support and improve frequencies of public transport in the area. 

Conclusion: 

LCC Highways would have no objections to the proposed development being accessed off 

Post Lane provided the applicant obtains the necessary consent and authorisation from the 

owners to the satisfaction of the Local Planning Authority. 


No objections to the proposal subject to the following condition: 

No part of the development hereby approved shall be commenced on site unless and until: 

2. A site investigation has been designed for the site using the information 

obtained from the desk top study submitted with the application. This should 

be submitted to and approved in writing by the local planning authority prior 

to the investigation being carried out on the site. 

3. The site investigation and associated risk assessment have been undertaken in 



4. A method statement and remediation strategy, based on the information 



5. The development shall only then proceed and in strict accordance with the 





6. If, during development, contamination not previously identified is found to be 

present on site then no further development (unless otherwise agreed in 

writing with the local planning authority) shall be carried out until the 

developer has submitted and obtained written approval from the local 

planning authority for an addendum or addenda to the method statement and 

remediation strategy. This addendum/addenda to the method statement must 

detail how this unsuspected contamination is to be dealt with. 

7. Upon completion of the remediation detailed in the method statement and 

remediation strategy a report shall be submitted to the local planning 

108

authority providing verification that the required works regarding 

contamination have been carried out in accordance with the approved method 

statement and remediation strategy. Post remediation sampling and 

monitoring results should be included in the report to demonstrate that the 

required remediation has been fully met. Future monitoring, sampling and 

reporting should also be detailed in the report. 

To provide an appropriate level of protection against the potential for those involved in 

the construction process and future staff and visitors to the store to be affected by 

pollution or contamination. 

Ministry of Defence 


Electricity North West 

Refer to the proximity of the site to their apparatus and operational land and so may have 

an impact on it. They refer the applicant to the statutory protection to these assets and the 

need to investigate matters further prior to any construction so as to prevent construction 

danger and damage to equipment. 

BAe Systems 



No objection however the land is significantly contaminated and will require full 

remediation if planning permission is granted. The recommendations in the submitted 

desk top study shall be complied with and a validation report issued to confirm. Building 

shall not commence until remediation has been completed. 

United Utilities - Water 

No objection to the proposal provided that the following conditions are met: 

1. This site must be drained on a separate system with only foul drainage connected 

into the combined sewer. Surface water must discharge to either 

soakaway/SUDS, directly to the nearby Pool Stream watercourse, or to the 

300mm surface water sewer on Lytham Road. If surface water is allowed to be 

discharged to the public surface water sewerage system we will require the flow 

to be attenuated to a maximum discharge rate of 5 l/s or Greenfield runoff 

whichever is the greater. For the avoidance of doubt no surface water will be 

allowed to drain to the public combined sewer. 

2. No development approved by this permission shall be commenced until a scheme 

for the provision of foul and surface water has been approved in writing by the 

Local Planning Authority. Such a scheme shall be constructed and completed in 


3. No development approved by this permission shall be commenced until a scheme 

for the provision and implementation of a surface water regulation system has 

been approved by the Local Planning Authority. The scheme shall be completed 

in accordance with the approved plans. 


Comment that they would expect the proposal to deliver an appropriate level of affordable 

housing, and this is to be secured by a s106 agreement. 

109





No. Of Responses Received: Six 


One letter of support: 

• Good to see an otherwise derelict area of land at the entrance to Warton being 

developed 

Five letters of objection (which includes a petition of 35 signatories): 

• Existing traffic from BAe and other local businesses already make it impossible to 

enter Lytham Road drives at peak times 

• It would result in further congestion on the main thoroughfare through Warton 

• It has implications for the local elderly population and children at primary schools 

and nursery on Lytham Road 


• Negative affect on values of surrounding properties 

• Increased air pollution in Warton 

• Loss of privacy and security to residents of properties adjacent to the site 

• Increased on street parking congestion 

• The site is contaminated 

• Over development of the site 

• Additional traffic along Post Lane will affect child safety and increase traffic 

congestion 

• The local infrastructure will not support additional dwellings 



DP01 

DP02 

DP03 

DP04 

DP05 

DP06 

DP07 

RDF01 

CLCR01 

CLCR02 

L02 

L04 

L05 

RT02 

RT09 

EM01 

EM03 

EM05 











Understanding housing markets 



Managing travel demand 

Walking and cycling 


Green infrastructure 

Integrated water management 

110

EM09 

EM11 

EM15 

EM16 

EM18 


SP01 

TREC17 

HL02 

HL06 

EP14 

EP23 

EP24 

EP25 

EP26 

TR01 

TR03 

TR05 

TR09 


NPPF: 

Secondary and recycled aggregates 

Waste management principles 

A framework for sustainable energy in the North West 

Energy conservation and efficiency 

Decentralised energy supply 






Pollution of surface water 



Air pollution 

Improving pedestrian facilities 

Increasing provision for cyclists 

Public transport provision for large developments 

Car parking within new developments 








Local Plan Allocation and Principle of Development 

The site is located on a previously developed (brownfield) site within the settlement boundary of 

Warton as allocated by Policy SP1 of the Fylde Borough Local Plan. Policy SP1 of the Fylde Borough 

Local Plan and the Interim Housing Policy direct development towards settlement locations and so the 

residential use is appropriate in principle. It is therefore necessary to assess how the scheme satisfies 

the normal planning criteria as laid out in Policy HL2 of the Fylde Borough Local Plan and with the 

council’s Interim Housing Policy. These matters are explored in more depth below. 

Site Location 

Government guidance in the NPPF advises that council's should support development that is 

'sustainable'. One of the key aspects of this, with regard to residential proposals, is that it is easily 

accessible and well connected to public transport and community facilities. In this instance the site is 

located within easy walking distance of a main bus route, local shops, schools, churches, a range of 

employment opportunities and other essential community facilities. As such it is considered that the 

site is in a sustainable location and hence accords with HL2 in this respect. 

Access Arrangements 

Whilst the application is in outline only, the access forms part of the consideration of this application. 

At present the site does not benefit from any direct access other than through the Georges Garage 

frontage on Lytham Road. This application proposes a new separate access to be constructed via Post 

Lane. 

111

County Highways have raised no objection to this but are concerned that as Post Lane is privately 

owned future access to the development could be restricted by the owner, who in this case is the RSL 

'Places for People'. It is understood that the applicant is currently in negotiations with the owner in 

regard to securing access rights via Post Lane and as the provision of this access is essential to the 

viability of the whole proposal a 'Grampian style' condition is appropriate to ensure that the 

connection from the site to the main highway network via Post Lane is undertaken to a suitable 

standard. 

In their comments LCC Highways have referred to a need for a Transport Statement to identify what, 

if any, material impacts the development might have on the wider highway network such as its 

capacity or the operation of key junctions. However given that the proposal is for 16 dwellings only, 

which would be served from an existing main highway via a signalled junction shared with BAe 

traffic, your officers consider it unlikely that there would be any appreciable impact on these matters 

and hence in this instance it is not considered that a Transport Statement is necessary. 

LCC have also requested a contribution of £20,000 to be obtained via a s106 agreement towards 

improving the accessibility of the site, specifically by improving the frequency of the local evening 

bus service. The NPPF and CIL regulations are clear that such contributions can only be secured 

where they relate directly to the proposed development and are proportionate to it. In this instance the 

modest scale of the development (16 dwellings) it such that it does not warrant such a level of 

contribution, and it has been agreed that the development will provide for the upgrade of the two 

closest bus stops to the site to Quality Standard. These stops are brick built structures that are typical 

of the area and are in a good condition but without raised kerbs and bus box markings. They will see 

increased usage from the additional residents in the area, and so warrant investment to provide these 

features and so will improve the attractiveness of bus use. It is anticipated that these works will 

amount to £3,000 per stop and are to be secured through a planning condition as they involve works in 

the adopted highway. 

Scale and Layout of Development 

The application is in outline for 16 dwellings and the scale of the development is intended to reflect 

that of the neighbouring residential development on Post Lane. The outline nature of the application 

means that it is not possible to fully assess the implications of the development on the character of the 

area and landscape, or of their design. However, the illustrative layout indicates that all the dwellings 

are to be 2 storey and semi-detached dwellings and would have an appropriate density and layout for 

the site and its surroundings. This scale reflects the Parish Council's concerns over the original 18 

dwelling scheme. 

Affordable Housing 

It is an accepted part of residential planning guidance that all new residential schemes make 

contributions towards affordable housing delivery, with this secured locally in the Council’s Interim 

Housing Policy. This application proposes that all 16 dwellings will be affordable, although the 

details of this such as the RSL, tenure, occupancy criteria, management etc. remain outstanding. Such 

details would need to be resolved and secured by a s106 agreement prior to any planning permission 

being granted, but this is considered to be a positive aspect from promoting the residential 

development of this site. 


The scale of the site is such that no provision is included for open space within the site itself. The 

Interim Housing Policy and Policy TREC17 of the Fylde Borough Local Plan seek financial 

contributions towards off site open space provision in such circumstances. The applicant has 

expressed concerns over the viability of the scheme as an entirely affordable development with 

additional open space costs, but it is considered that this should form part of the recommendation and 

so be addressed as part of the s106 negotiations. 

112

Other Matters 

The previous use of the site for car dismantling requires that a proper examination and remediation of 

any contamination be carried out before work can be commenced. A condition should be imposed to 

any planning permission to ensure that this is completed. 

The education authority have confirmed that schools within a two mile radius of the site have 

sufficient capacity to accommodate this development and hence no contributions are sought in this 

respect. 

Conclusions 

The application involves the development of 16 affordable residential dwellings on a brownfield site 

within the settlement of Warton. It is considered an acceptable form of development in this location 

and is in accordance with the relevant policies of the Fylde Borough Local Plan. As such members 

are recommended to approve the application subject to a s106 and conditions. 


That the decision to GRANT Planning Permission for the development be delegated to the Head of 

Planning and Regeneration. Such a permission to only be issued on the satisfactory completion of a 

legal agreement between the Council, applicant and other relevant parties to secure: 

• the delivery of all of the properties developed on the site as affordable dwellings 

• the details of the tenure, occupation criteria, management and other such aspects of the affordable 

units 

• the payment of an appropriate commuted sum in lieu of any on-site public open space provision 

up to a maximum amount of 2.5% of the open market value of each dwelling hereby approved 

And subject to the following list of conditions.: 

1. In the case of any ‘Reserved Matter’, application for approval shall be made not later than 

the expiration of three years beginning with the date of this permission, and the 

development shall be begun not later than the expiration of two years from the final 

approval of the reserved matters or, in the case of approval on different dates, the final 

approval of the last such matter to be approved. 

In accordance with the provisions of Section 92 of the Town and Country Planning Act 

1990. 

2. Before any works are commenced on site, details of the reserved matters, namely 

appearance, landscaping, layout and scale, shall be submitted to and approved by the local 

planning authority and the development thereafter carried out in accordance with such 

approval. 

The application was submitted in outline and details of these matters still remain to be 

submitted 

3. That the layout of residential development hereby permitted shall be generally in 

accordance with that indicated on the Archer Architects proposed site plan reference 

project no. 4278, drawing no. SL01, Rev A, dated 08 April 2011 and all the dwellings 

shall be no more than two storeys in height. 

In order to provide an appropriate control over the character of the development and its 

113

elationship to neighbouring land uses 

5. Prior to the commencement of any development hereby approved a schedule of all 

materials to be used on the external walls and roofs of the approved dwellings shall be 

submitted to and approved in writing by the Local Planning Authority. This specification 

shall include the size, colour and texture of the materials and shall be supported with 

samples of the materials where appropriate. Once this specification has been agreed it shall 

be utilised in the construction of the dwellings and only varied with the prior written 

consent of the Local Planning Authority. 


development. 

6. Prior to the commencement of any development hereby approved a schedule of all hard 

surfacing materials to be used on the access roads, driveways, paths and any other hard 

surfaced areas within the development shall be submitted to and approved in writing by the 

Local Planning Authority. This specification shall include the size, colour and texture of 

the materials and shall be supported with samples of the materials where appropriate. Once 

this specification has been agreed it shall be utilised in the construction of the dwellings 

and only varied with the prior written consent of the Local Planning Authority. 


development. 

7. Prior to the commencement of any development hereby approved, a schedule of all 

boundary treatments around the site perimeter, between individual neighbouring plots and 

between plots and the internal roadway shall be submitted to and approved in writing by 

the Local Planning Authority. The development shall thereafter be constructed in full 

accordance with this approved schedule of boundaries. 

To provide an appropriate finished appearance of the development and to maintain an 

appropriate level of privacy between dwellings as required by Policy HL2 of the Fylde 


8. Prior to the commencement of construction on any dwelling hereby approved, a 

satisfactory programmed landscaping scheme for the area of residential development 

including hard surfacing, means of enclosure, planting of the development, indications of 

all existing trees and hedgerows on the land and details of any to be retained, together with 

measures for their protection in the course of the development, shall be submitted to and 

approved in writing by the Local Planning Authority. The approved scheme shall be 

implemented during the first planting season following the completion of development and 

any tree or shrub planted which dies or is felled, uprooted, wilfully damaged or destroyed 

in the first five year period commencing with the date of planting shall be replaced by the 

applicants or their successors in title. 

To ensure a satisfactory form of development and to enhance the visual amenities of the 

locality, and in order to comply with saved Policy EP14 of the Fylde Borough Local Plan. 

9. Prior to the first occupation of any dwelling on the site, details shall be submitted to and 

approved in writing by the Local Planning Authority of the on-going maintenance of the 

114

communal areas of internal access roads and footways, areas of landscaping and all 

associated features such as streetlighting, signage, drains and boundary treatments that lie 

within these areas. The development shall thereafter be maintained in accordance with the 

approved schedule of maintenance. 

To ensure that the development is implemented and maintained to a satisfactory degree 

into the future. 

10. That no works shall commence or be undertaken between the months of March and July 

inclusive, until a walkover survey of the site and its boundary hedges has been undertaken 

to establish the presence of any breeding birds and the results submitted to the Local 

Planning Authority. Should such sites be identified, then a mitigation and phasing scheme 

for any construction works in the vicinity of the identified nesting sites shall be submitted 

to the Local Planning Authority for approval and implemented throughout the construction 

of the dwelling. 

To ensure that disturbance to any breeding birds within the site is minimised during the 

construction of the dwelling 

11. Prior to any on site construction a Construction Plan shall be submitted to, and approved in 

writing by, the Local Planning Authority. The Plan is to include method and details of 

construction; including vehicle routing to the site, construction traffic parking and any 

temporary traffic management measures, times of construction, access and deliveries. Such 

a Construction Plan is to be implemented and adhered to during the construction of the 

development. 


construction given the proximity to residential properties. 

12. Prior to the commencement of development, a detailed levels plan indicting the existing 

and proposed ground levels and proposed finished floor levels throughout the site shall be 

submitted to and approved in writing by the Local Planning Authority. The development 

shall be implemented in full accordance with this plan, unless variations from it are 

previously agreed in writing by the Local Planning Authority. 

To ensure the site is constructed in a manner that ensure a satisfactory relationship with 

neighbouring dwellings and the land is appropriately drained as required by Policy HL2 

and EP30 of the Fylde Borough Local Plan 

13. Prior to the commencement of construction on any of the dwelling houses full details of the 

means of surface water drainage of the site, including the means of on site storage and 

attenuation rates, shall be submitted to and approved in writing by the Local Planning 

Authority. This system shall not include any connections to the public foul sewer system 

and should it involve a Sustainable Urban Drainage System (SUDS) then details of the 

future management of the SUDS and a management company that will be established to 

oversee the maintenance of the drainage system shall form part of the submitted scheme. 

The approved works shall thereafter be implemented and fully commissioned in line with 

an agreed phasing scheme and shall be maintained thereafter. 

To ensure a satisfactory means of drainage is provided and that there is no increase in the 

volumes of surface water discharged from the site. 

115

14. Prior to the commencement of construction on any of the dwelling houses full details of the 

means of foul water drainage of the site shall be submitted to and approved in writing by 

the Local Planning Authority. This approved scheme shall be implemented during the 

development and shall include that the development is drained on a separate system with 

only foul drainage connected into the foul sewer. 

To ensure that appropriate measures are taken to provide suitable drainage from the site as 

required by Policy EP25 of the Fylde Borough Local Plan. 

15. No part of the development hereby approved shall be commenced on site unless and until: 

a) A site investigation has been designed for the site using the information 

obtained from the 'Phase 1 Land Quality Assessment, dated 27 May 2011, by 

SKM Enviros' submitted with the application. This should be submitted to and 

approved in writing by the local planning authority prior to the investigation 

being carried out on the site. 

b) The site investigation and associated risk assessment have been undertaken in 



c) A method statement and remediation strategy, based on the information 



d) The development shall only then proceed and in strict accordance with the 





e) If, during development, contamination not previously identified is found to be 

present on site then no further development (unless otherwise agreed in writing 

with the local planning authority) shall be carried out until the developer has 

submitted and obtained written approval from the local planning authority for 

an addendum or addenda to the method statement and remediation strategy. 

This addendum/addenda to the method statement must detail how this 

unsuspected contamination is to be dealt with. 

f) Upon completion of the remediation detailed in the method statement and 

remediation strategy a report shall be submitted to the local planning authority 

providing verification that the required works regarding contamination have 

been carried out in accordance with the approved method statement and 

remediation strategy. Post remediation sampling and monitoring results should 

be included in the report to demonstrate that the required remediation has been 

fully met. Future monitoring, sampling and reporting should also be detailed in 

the report. 

To provide an appropriate level of protection against the potential for those involved in the 

construction process and future staff and visitors to the store to be affected by pollution or 

contamination. 

16. Prior to the commencement of any development hereby approved, a detailed scheme for 

off site highway improvement works shall be submitted to and agreed in writing by the 

116

Local Planning Authority. These works shall provide for the upgrading of the two 'Mill 

Lane' bus stops on Lytham Road by way of installing raised kerbs and bus markings. The 

works shall be implemented prior to the first occupation of any approved dwelling. 

To secure appropriate improvements to the highway network around the site to encourage 

sustainable transport 

17. No on-site works shall commence until a detailed scheme for the off-site access works 

from Post Lane to the development site has been submitted to and approved in writing by 

the Local Planning Authority and implemented in full. 

To ensure the provision of all necessary highway improvements in the interests of 

pedestrian and highway safety as required by Policy HL2 of the Fylde Borough Local Plan. 







Subject to the imposition of a 'Grampian' condition to secure off-site highway 

improvement works to form the access to the site from Post Lane prior to the 

commencement of construction works, the proposal accords with Policies SP1 and HL2 of 

the Fylde Borough Local Plan. 

117

118



Permission 

Applicant: New Fylde Housing Agent : Croft Goode Limited 

Location: 

FBC DEPOT, 211 ST DAVIDS ROAD NORTH, LYTHAM ST ANNES, 

FY8 2JS 

Proposal: 

PROPOSED ERECTION OF 32 NO DWELLINGS IN A MIX OF SEMI- 

DETACHED HOUSES, TERRACES, BUNGALOWS, AND 

APARTMENTS, FOLLOWING DEMOLITION OF EXISTING DEPOT. 

Parish: St Leonards Area Team: Area Team 1 






The application site is located on the western side of St Davids Road North in St Annes and 

has no site specific designations. The site has been previously developed and is within the 

settlement of St Annes. It is well located in relation to the shops and other services of the local 

shopping centre, is close to the railway station and is within easy reach of schools, recreation 

facilities and a range of employment opportunities. As such it is an ideal location for 

residential development. 

The proposal involves the creation of 32 residential units, all of which would be affordable 

homes. The proposed scheme would provide an appropriate layout, mix of dwellings and 

design for this particular site and it is considered that the proposal would allow the site to be 

effectively brought back into a productive use. The layout provides a satisfactory relationship 

to neighbouring land uses and the surrounding area and protected trees, with the scheme 

making appropriate contributions towards improvements to public open space. 

The application therefore complies with all aspects of Policy HL2 and is recommended for 

approval subject to the completion of a Section 106 Agreement that is required to secure 

contributions towards open space within St Annes, and a series of conditions. 


The application involves major development and is currently in the ownership of Fylde Borough 

Council. Accordingly, the proposal falls outside the approved scheme of delegation. 


The application site comprises a large yard with a number of industrial buildings which form a former 

depot owned by the Council situated on the western side of St Davids Road North in St Annes. The 

site is broadly square and extends to 0.63 hectares. It is bounded by residential properties to the north 

and east, the railway line to the west and Press Road to the south which has a series of garage 

119

uildings primarily used for vehicle servicing. 


The application is submitted in full and relates to the erection of 32 residential units on the site. These 

are a mixture of single and 2 storey properties which are to be served by the existing access point 

along St Davids Road North. There will be no access to the site via Press Road. Twenty of the 

dwellings provide a mixture of 2, 3 and 4 bedrooms, with the larger properties on the periphery of the 

site closest to the railway line. The remaining 12 units are provided in four 2 storey apartment blocks, 

three adjacent to the site access and the other adjacent Press Road. 



09/0502 OUTLINE APPLICATION FOR 

PROPOSED RESIDENTIAL 

DEVELOPMENT COMPRISING OF 26 

DWELLINGS. 

05/0650 OUTLINE APPLICATION FOR THE 

ERECTION OF AFFORDABLE 

DWELLINGS 

03/0444 ERECTION OF 35no.2 BEDROOM 

FLATS WITH ASSOCIATED CAR 

PARKING 

02/0240 REDEVELOPMENT OF TELECOMS 

MONOPOLE TO A MULTI USER POLE 

WITH EXTENSION TO THE 

COMPOUND (18M HEIGHT) 

01/0177 REPLACEMENT OF EXISTING 

TELECOMMUNICATIONS TOWER 

WITH 20M LATTICE TOWER & 

ADDITIONAL ANTENNA, DISHES & 

CABIN 

99/0416 ERECTION OF 15M HIGH SLIMLINE 

MONOPOLE TELECOMMUNICATION 

ARRAY 

94/0194 EXTENSION TO FORM JOINERS 

WORKSHOP 

Approved with 

106 Agreement 

Withdrawn by 

Applicant 

Withdrawn by 

Applicant 

30/09/2011 

05/08/2005 

26/09/2006 

Refused 24/04/2002 

Refused 17/06/2001 

Granted 11/08/1999 

Granted 20/06/1994 

90/0936 EMPLOYMENT TRAINING CENTRE. Granted 08/04/1991 

88/0873 OFFICE & TOILET/MESSING 

Granted 30/11/1988 

FACILITIES 

80/0051 PREFAB. OFFICE BUILDING FOR Granted 06/02/1980 

HIGHWAYS STAFF. 

80/0562 CHANGE OF USE - HALF EXISTING 

TRAINING SCHOOL INTO STORAGE 

AREA PLUS LANDSCAPING AND CAR 

PARK AT NORTH WESTERN TRAILER 

CO. 

Granted 25/06/1980 


None 


120

St Anne's on the Sea Town Council notified on 12 September 2012 


The Town Council welcome this development although express their disappointment that there is an 

apparent lack of solar panels which would reduce energy consumption, reduce carbon emissions and 

improve the sustainability of the development. 



Strategic Housing has worked closely with New Fylde Housing in developing the current 

proposals for this site. If approved it will form part of New Fylde Housing’s affordable 

homes programme and it is fully supported by Strategic Housing. I can confirm that there 

is a need for additional affordable housing in St Annes and the wider Fylde area and that 

this proposal will help met that need. The proposal aims to deliver a mix of general needs 

accommodation and I don’t believe that it will be necessary for any age of occupants 

restrictions to be attached to the proposal. 




The comments of the Highway Authority are still awaited. However, they raised no 

objection to a similar proposal for the residential development of the site that was 

approved in 2011. 


We understand that the application site was granted Outline planning approval on 30 

September 2011. We were consulted on that application (09/0502) in September 2009 and 

raised no concerns in relation to land quality. 

There has been no change in circumstance since we commented on the previous 

application and as such we withdraw our objection to the current application. We still 

have concerns over the groundwater impacts of the proposed development, but under the 

circumstances, these should be addressed through a planning condition as follows:- 

CONDITION No development approved by this planning permission shall be 

commenced until: 

a) A desktop study has been undertaken to identify all previous site uses, potential 

contaminants that might reasonably be expected given those uses and other relevant 

information. Using this information a diagrammatical representation (Conceptual 

Model) for the site of all potential contaminant sources, pathways and receptors has 

been produced. 

b) A site investigation has been designed for the site using the information obtained 

from (a) above. This should be submitted to, and approved in writing by the local 

planning authority prior to that investigation being carried out on the site. 

c) The site investigation and associated risk assessment have been undertaken in 

accordance with details approved in writing by the local planning authority. 

d) A Method Statement and remediation strategy, based on the information obtained 

from c) above has been submitted to and approved in writing by the Local Planning 

121

Authority. 

The development shall then proceed in strict accordance with the measures approved. 

Work shall be carried and completed in accordance with the approved method 

statement and remediation strategy referred to in (d) above, and to a timescale agreed 

in writing by the local planning authority unless otherwise agreed in writing by the 


If during development contamination not previously identified is found to be present at 

the site then no further development (unless otherwise agreed in writing with the local 

planning authority) shall be carried out until the developer has submitted, and obtained 

written approval from the local planning authority for, an addendum to the Method 

Statement. This addendum to the Method Statement must detail how this unsuspected 

contamination shall be dealt with. 

Upon completion of the remediation detailed in the Method Statement a report shall be 

submitted to the local planning authority that provides verification that the required 

works regarding contamination have been carried out in accordance with the approved 

Method Statement(s). Post remediation sampling and monitoring results shall be 

included in the report to demonstrate that the required remediation has been fully met. 

Future monitoring proposals and reporting shall also be detailed in the report. 

REASON 

a) To identify all previous site uses, potential contaminants that might reasonably be 

expected given those uses and the source of contamination, pathways and receptors 

b) To enable: 

• A risk assessment to be undertaken, 

• Refinement of the conceptual model, and 

• The development of a Method Statement and Remediation Strategy 

c) & d) To ensure that the proposed site investigation and remediation strategy will not 

cause pollution of ground and surface waters both on and off site 

To satisfy the above condition, the applicant should submit sufficient information to 

satisfy the concerns outlined in our response dated 15 October 2012. 

Any works to any culverted watercourses within or adjacent to the site which involve 

infilling, diversion, culverting or which may otherwise restrict flow, require the prior 

formal Consent of Lancashire County Council under Section 23 of the Land Drainage Act 

1991. 

Drainage from parking areas that will discharge to a surface watercourse must be first 

passed through an oil interceptor. The Environmental Permitting Regulations make it an 

offence to cause or knowingly permit any discharge that will result in the input of 

pollutants to surface waters. 

Foul drainage from the development of this site must be drained to the foul sewer. Surface 

water from any areas likely to be contaminated should be connected to the foul sewer for 

which the formal consent of United Utilities Limited is required. 

We recommend that the developer considers the following, as part of the scheme:- 

• Water management in the development, including, dealing with grey waters 

122

• Use of sustainable forms of construction including recycling of materials 

• Energy efficient buildings 


United Utilities - 

This response is based on the details submitted on the planning application form. In light 

of existing flooding issues within the immediate vicinity of the site I will have no 

objection to the proposal provided that the following conditions are met: - 

• This site must be drained on a separate system, with only foul drainage connected into 

the combined sewer. Surface water should discharge to the soakaway/SUDS or 

directly to the nearest available watercourse which may require the consent of the 

Local Authority. If surface water is allowed to be discharged to the public combined 

sewerage system we will require the flow to be attenuated to a maximum discharge 

rate of 6.5 l is or Greenfield Runoff rates 

Reason: To reduce the risk of flooding 


the disposal of foul & surface water has been approved in writing by the Local 

Planning Authority. Such a scheme shall be constructed & completed in accordance 

with the approved plans. 

Reason: In the interests of the adequate drainage of the site 


the provision and implementation, of a surface water regulation system has been 

approved by the Local Planning Authority. The scheme shall be completed in 


Reason: To ensure a satisfactory form of development and to reduce the risk of 

flooding from surface water run off 

• The proposed driveways shall be constructed using permeable materials on a 

permeable base, the details of which shall be submitted to and approved by the Local 

Planning Authority prior to the commencement of the development. The development 

shall be carried out using the approved materials and shall be retained thereafter, 

unless otherwise agreed in writing by the Local Planning Authority. 

Reason: To ensure a satisfactory form of development and to prevent an undue 

increase in surface water run off. 

• 

The applicant must discuss full details of the site drainage proposals with Graham Perry, 

Developer Services 01925 678311. 

A separate metered supply to each unit will be required at the applicant's expense and all 

internal pipework must comply with current water supply (water fittings) regulations 

1999. 

Should this planning application be approved, the applicant should contact our Service 

Enquiries on 0845 7462200 regarding connection to the water mains/public sewers. Our 

water mains may need extending to serve any development on this site. The applicant, 

who may be required to pay a capital contribution, will need to sign an Agreement under 

Sections 41,42 & 43 of the Water Industry Act 1991. 

United Utilities offer a fully supported mapping service at a modest cost for our water 

mains and sewerage assets. This is a service, which is constantly updated by our Property 

123

Searches Team (Tel No: 08707510101). It is the applicant's responsibility to demonstrate 

the exact relationship between any assets that may cross the site and any proposed 

development 

Please note, due to the public sewer transfer, not all sewers are currently shown on the 

statutory sewer records, if a sewer is discovered during construction, please contact a 

Building Control Body to discuss the matter further. 


Neighbours notified: 12 September 2012 

Amended plans notified: n/a 

No. Of Responses Received: Three letter have been received 


The first 2 letters are in support of the application and state: 

• Not opposed to the development, but strongly against any further access from Press Road 

• Would welcome the development 100% 

The third letter is from a neighbour who's property is directly adjacent to the site and has 

outbuildings that adjoin buildings on the site which are proposed to be demolished. The 

points raised in this letter are private matters to be resolved between the applicant and the 

neighbour concerned. The comments received have been passed on to the applicant who has 

already spoken with the neighbour in order to provide reassurance in regard to the proposed 

demolition/construction methods. The points raised in the letter are: 

How will the new owner(s) ensure that this does not damage my building? 

Who will also maintain the outside of my building that now will be exposed within the new 

development and for how long? 

What will replace the building that is to be demolished to ensure privacy and security to my 

property? 

How will this be demolished in order to ensure there is no damage to my outbuilding? 

How will the outside of my outbuilding be treated, now that this will become exposed 

following the demolition? 

What will replace this building to ensure privacy and security to my property from the new 

development? 

Who will maintain and for how long the new structure? 

Joining onto this building at the end of my driveway are trees and a flower bed. Will these be 

removed at the time of the demolition? 

Will access to my drive be required in order to undertake the demolition of the building? 

As you will agree, these questions are substantial and will have adverse effect on my living 

arrangements and security to my property, if not handled and managed correctly. Therefore, I 

would appreciate your answers as important and a meeting with the appropriate person to 

discuss the above and how my concerns will be satisfied. 



DP01 

EM17 

L04 

L05 


Renewable energy 



124

RDF01 

DP02 

DP04 

DP06 

DP07 

EM02 


HL02 

HL06 

TREC17 

EP14 

EP24 

EP25 

EP27 

EP29 


NPPF: 

IHP 






Remediating contaminated land 







Noise pollution 

Contaminated land 




None 





Principle of Development 

The site is located within the built area of St Annes as defined by Policy SP1 of the Fylde Borough 

Local Plan. The site has a number of dilapidated buildings and is currently used to store council 

vehicles, representing an unattractive feature within the area. The principle of the regeneration of this 

site for affordable dwellings is in accordance with policies of the Fylde Borough Local Plan. 

Outline planning permission for the residential development of the site for 26 dwellings was granted 

in 2011. That planning permission secured the principle of the development of the majority of the site 

for residential purposes. It should be noted that part of the site, adjacent to Press Road, was excluded 

from that planning application 

Sustainability 

The site is extremely well located as it is directly adjacent to a local shopping centre, close to the town 

centre and the railway station and served with good bus connections. The site is within walking 

distance of a large area of recreational open space at St George’s playground and playing fields which 

contains some facilities, and is within walking distance to schools, medical facilities and other leisure 

and social facilities. As such it makes an ideal location for residential development. 

Scale of Development 

The dwellings proposed are mainly at 2 storey height with only two at single storey. This is reflective 

of the scale of surrounding dwellings with the residential development on Lime Grove and St Davids 

Grove being two storey, and also the residential properties located along St Davids Road North. This 

element of the scheme is therefore acceptable and complies with the relevant criteria of Policy HL2 of 

125

the Fylde Borough Local Plan. 

Design of Scheme 

The area is characterised by two storey terraced properties which are of similar design with pitched 

roofs and render and brick being the predominant materials. The proposal dwellings would be of a 

similar scale and design as those in the immediate area. The elevation heights would be similar to the 

existing so the proposal would not dominate the surrounding dwellings. Separation distances between 

existing and proposed dwellings are deemed to be sufficient and there would be no harmful impact on 

amenities of nearby residential dwellings. 

The proposal emulates the character of the buildings in the surrounding area, whilst blending in with 

the street scene and not being overbearing. It is considered that the proposal conforms with the 

requirements of policy HL2 as it would be comparable with the surrounding area and complements 

the character of the street scene in general. As such, the proposal would not have a detrimental 

impact on the character of the area or residential amenity. 

The proposed materials to be used for the construction of the dwellings, namely brick, render and grey 

concrete tiles, are acceptable and in keeping with the character of the area. The design would provide 

a modern appearance to the development without dominating the plot or the scale of the neighbouring 

properties that make up the St Davids Road North street scene. 

Neighbour Relationships 

The nearest neighbours are the residential properties to the north and east and the land to the south is 

commercial properties and it is considered that these relationships are acceptable. The proposed 

dwellings are all set well inside the boundary of the site and the separation distances between Lime 

Grove to the proposed dwellings is acceptable and as is the distances between properties on St Davids 

Road North. The separation between nos. 37, 41, 47 and 51 Lime Grove is much less at around 7m. 

This relationship is a close one, but the property would be single storey and would not contain any 

windows in the side elevation and so the proposed dwellings do not feature any windows to allow 

overlooking. In addition, this part of the site was previously occupied by a single storey industrial 

building. Accordingly it is considered that the relationship is an acceptable one. All other 

relationships with existing properties off site, and between the proposed dwellings on site, are 

acceptable and so the proposal is considered to comply with criteria 1 and 4 of Policy HL2 in that 

regard. 

Access and Parking 

The site is situated in a sustainable location, in close proximity to the town centre, with easy access to 

shops and services both on foot and by public transport. The main access would be located at the 

existing access along the eastern boundary along St Davids Road North. Access would therefore 

remain unchanged and it is considered that there would be no significant impact on the surrounding 

highway network or highway safety. 

The internal layout provides a typical residential layout with the dwellings served of a series of short 

cul-de-sacs. These are designed to an appropriate standard for the number of properties they serve 

and so this aspect is also acceptable. The houses are each provided with driveways that have 

sufficient space for two vehicles to park and so have high levels of parking. 

The access and parking arrangements are therefore considered to be in compliance with criteria 7 and 

9 of Policy HL2 of the Fylde Borough Local Plan. 


The site is within the urban area of St Annes where the Interim Housing Policy requires that schemes 

contribute towards improving public open space within the area. This is generally a financial 

contribution of up to 2.5% of the market value of the dwellings to be secured by a S106 Agreement. 

No open space provision has been made on site for residents, therefore contributions would be used 

elsewhere in the Borough. St Georges Park is a short distance from the site (approx. 453m) and could 

benefit from developer contributions. 

126

Land Contamination 

The Environment Agency have requested that a condition be imposed in order to address the 

contamination of the site from previous uses. The applicant has already commenced a series of 

studies in order to better understand the nature of the contamination and agree a final scheme of 

remediation. 

Noise 

The applicant has commissioned a noise survey which has examined the potential for disturbance of 

future residents due to neighbouring uses. This study has concluded that the main potential for 

disturbance is from the adjacent railway line. The imposition of conditions requiring suitable acoustic 

ventilation will address this matter adequately. 

Conclusions 

The application site is well located in relation to the shops and other services of the local shopping 

centre, is close to the railway station and is within easy reach of schools, recreation facilities and a 

range of employment opportunities. As such it is an ideal location for residential development. 

The proposal involves the creation of 32 residential units, all of which would be affordable homes. 

The proposed scheme would provide an appropriate layout, mix of dwellings and design for this 

particular site and it is considered that the proposal would allow the site to be effectively brought back 

into a productive use. The layout provides a satisfactory relationship to neighbouring land uses and 

the surrounding area and protected trees, with the scheme making appropriate contributions towards 

improvements to public open space. 

The application therefore complies with all aspects of Policy HL2 and is recommended for approval 

subject to the completion of a Section 106 Agreement that is required to secure contributions towards 

open space within St Annes, and a series of conditions. 


That, Subject to the completion of a Section 106 agreement in order to secure: 


securing off site public open space, 

The agreement will be expected to meet the full amounts quoted above in all cases, unless a viability 

appraisal has been agreed with the Local Planning Authority. 

Planning permission be granted subject to the following conditions: 

(Where the Section 106 agreement is not signed within a reasonable period of time, authority to 

refuse planning permission is delegated to the Assistant Director: Planning Services to refuse 

the application as being contrary to the provisions of the Interim Housing Policy) 








127

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. No development approved by this planning permission shall be commenced until: 

a) A desktop study has been undertaken to identify all previous site uses, potential 

contaminants that might reasonably be expected given those uses and other relevant 

information. Using this information a diagrammatical representation (Conceptual Model) 

for the site of all potential contaminant sources, pathways and receptors has been produced. 

b) A site investigation has been designed for the site using the information obtained from 

(a) above. This should be submitted to, and approved in writing by the local planning 

authority prior to that investigation being carried out on the site. 

c) The site investigation and associated risk assessment have been undertaken in 

accordance with details approved in writing by the local planning authority. 

d) A Method Statement and remediation strategy, based on the information obtained from 

c) above has been submitted to and approved in writing by the Local Planning Authority. 

The development shall then proceed in strict accordance with the measures approved. 

Work shall be carried and completed in accordance with the approved method statement 

and remediation strategy referred to in (d) above, and to a timescale agreed in writing by 

the local planning authority unless otherwise agreed in writing by the local planning 

authority. 

If during development contamination not previously identified is found to be present at the 

site then no further development (unless otherwise agreed in writing with the local 

planning authority) shall be carried out until the developer has submitted, and obtained 

written approval from the local planning authority for, an addendum to the Method 

Statement. This addendum to the Method Statement must detail how this unsuspected 

contamination shall be dealt with. 

Upon completion of the remediation detailed in the Method Statement a report shall be 

submitted to the local planning authority that provides verification that the required works 

regarding contamination have been carried out in accordance with the approved Method 

Statement(s). Post remediation sampling and monitoring results shall be included in the 

report to demonstrate that the required remediation has been fully met. Future monitoring 

proposals and reporting shall also be detailed in the report. 

Reason: 

a) To identify all previous site uses, potential contaminants that might reasonably be 

expected given those uses and the source of contamination, pathways and receptors 

b) To enable: 

• A risk assessment to be undertaken, 

• Refinement of the conceptual model, and 

• The development of a Method Statement and Remediation Strategy 

128

c) & d) To ensure that the proposed site investigation and remediation strategy will not 

cause pollution of ground and surface waters both on and off site 































the locality. 

6. The site must be drained on a separate system, with only drainage connected into the 

combined sewer. Surface water should discharge to the soakaway/SUDS or directly to the 

nearest available watercourse which may require the consent of the Local Authority. If 

surface water is allowed to be discharged to the public combined sewerage system we will 

require the flow to be attenuated to a maximum discharge rate of 6.5 l/s or Greenfield 

Runoff rates. 

To reduce the risk of flooding. 

7. No development approved by this permission shall be commenced until a scheme for the 

disposal of foul water has been approved in writing by the Local Planning Authority. Such 

a scheme shall be constructed and completed in accordance with the approved plans. 

129

In the interests of the adequate drainage of the site. 

8. The proposed driveways shall be constructed using permeable materials on a permeable 

base, the details of which shall be submitted to and approved by the Local Planning 

Authority prior to the commencement of the development. The development shall be 

carried out using the approved materials and shall be retained thereafter, unless otherwise 

agreed in writing by the Local Planning Authority. 

To ensure a satisfactory form of development and to prevent an undue increase in surface 

water runoff. 

9. No development approved by this permission shall be commenced until a scheme for the 

provision and implementation of a surface water regulation system has been approved by 

the Local Planning Authority. The scheme shall be completed in accordance with the 

approved plans. 

To ensure a satisfactory form of development and to reduce the risk of flooding from 

surface water runoff. 

10. No demolition or construction work in connection with this permission shall be carried out 

outside the hours of 08:00 and 18:00 on Mondays to Fridays inclusive, 08:00 to 13:00 on 

Saturdays and there shall be no such work carried out on Sundays or Public/Bank 

Holidays. 

To protect the amenities of the occupiers of neighbouring properties. 

11. Prior to the commencement of the development hereby approved, a scheme for the 

provision of acoustic ventilation and double glazing shall be submitted to and agreed in 

writing by the Local Planning Authority. The approved scheme shall be implemented to 

the satisfaction of the Local Planning Authority prior to the occupation of each dwelling to 

which the approved scheme relates. The provisions of the scheme shall subsequently be 

retained for the period of the approved use. 

In the interests of ensuring no noise detriment to future occupiers from the adjacent rail 

line. 

12. The car parking areas 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 residents on the site, their 

visitors or delivery / collection vehicles. 

To provide satisfactory off-street parking in accordance with Council's adopted standards. 

13. All unused accesses shall be closed and the footpath crossings shall be made good prior to 

the occupation of the final dwelling on the site. 

In order to secure a complete form of development and remove unused access points from 

130

the highway. 







The site has been previously developed and is within the settlement of St Annes. It is well 

located in relation to the shops and other services of the local shopping centre, is close to 

the railway station and is within easy reach of schools, recreation facilities and a range of 

employment opportunities. As such it is an ideal location for residential development. 

The proposal involves the creation of 32 residential units, all of which would be affordable 

homes and will add to the borough’s housing supply. 

The proposed scheme would provide an appropriate layout, mix of dwellings and design 

for this particular site and it is considered that the proposal would allow the site to be 

effectively brought back into a productive use. The layout provides a satisfactory 

relationship to neighbouring land uses and the surrounding area and protected trees, with 

the scheme making appropriate contributions towards improvements to public open space. 

The application therefore complies with all aspects of Policy HL2 and is recommended for 

approval subject to the completion of a Section 106 Agreement that is required to secure 

contributions towards open space within St Annes, and a series of conditions. 

131

132


Application Reference: 12/0624 Type of Application: County Application 

Applicant: Cuadrilla Ltd Agent : Lancashire County 

Council 

Location: 

GAS SITE TO THE REAR OF SASWICK HOUSE, ROSEACRE ROAD, 

TREALES, ROSEACRE AND WHARLES, PRESTON 

Proposal: 

LANCASHIRE COUNTY COUNCIL APPLICATION TO INSTALL A 

CONTAINER FOR MATERIALS AND EQUIPMENT STORAGE AT 

EXISTING WELL SITE. 

Parish: 

Treales, Roseacre and Area Team: Area Team 2 

Wharles 




Summary of Recommended Decision: Raise No Objection 


The report is to confirm the council's views on a planning application that is to be determined 

by Lancashire County Council. The application seeks consent for the siting of a shipping 

container to be used for storage associated with the long-established and lawful electricity 

generating activity undertaken at the site. The container is appropriately sited to minimise its 

intrusion in the countryside for the temporary period of the site's operation and so it is 

recommended that no objection be raised to the proposal. 


Due to the increased level of local interest in development by Cuadrilla Resources, who now own this 

site, the Head of Planning and Regeneration has decided that the application should be determined by 

the Development Management Committee. 


The site is a long established gas extraction and burning operation that is located in the Countryside 

midway between Elswick and Roseacre. Planning permission was granted for the extraction on a trial 

basis in 1992 and then on a longer term temporary basis in 1994. The most recent permission was 

granted in 2008 and allows the operations to continue for 10 years from that date. The site is used for 

the generation of electricity by burning hydrocarbon gas. 

The development on site consists of a single building within a compound that measures 100m x 100m 

and is sited around 500m to the west of Roseacre Road. The compounded is fenced and landscaped 

with a 3m high bund around. 


As the site is associated with extraction, Lancashire County Council are the planning authority to 

133

determine the application, with Fylde Borough being consulted for its views on the development. 

The application is a relates to the siting of a shipping container on the site to be used for storage. This 

is of standard size and measures 6.1m x 2.4m x 2.4m high and is to be cream in colour to match the 

colour of the existing generator building that it sits alongside. The intention is that the container is to 

provide storage for spares for the existing generator and associated infrastructure and so would remain 

on site for the duration of the operations. 



08/1027 LANCASHIRE COUNTY COUNCIL 

APPLICATION FOR EXTRACTION OF 

HYDROCARBONS (NATURAL GAS) 

LOCATION OF GENERATOR SET ON 

SITE, GENERATION OF ELECTRICITY 

AND SUBSEQUENT DISTRIBUTION 

VIA NATIONAL GRID (RENEWAL OF 

PLANNING APPLICATION 5/98/0091) 

98/0091 VARIATION OF CONDITION 1 OF 

PLANNING PERMISSION 5/95/507 TO 

EXTEND THE PERIOD OF 

DEVELOPMENT INVOLVING THE 

EXTRACTION OF HYDROCARBONS, 

THE ON-SITE GENERATION OF 

ELECTRICITY AND DISTRIBUTION OF 

ELECTRICITY VIA THE NETWORK 

FOR A FURTHER 10 YEARS (COUNTY 

MATTER) 

96/0128 DETAILS RELATING TO DESIGN & 

ORIENTATION OF BUILDINGS & 

LANDSCAPING IN 

ACCORDANCE WITH CONDITION 4 

ON APP. 5/94/0130 (EXTRACT. GAS & 

GENERATION OF ELECTRICITY) 

(COUNTY MATTER ) 

95/0507 VARIATION OF CONDITION NO. 1 RE: 

APP. NO. 5/94/130 

94/0130 EXTRACTION OF HYDROCARBONS 

(GAS), LOCATION OF GENERATOR, 

SET, GENERATION OF ELECTRICITY 

& DEIST VIA NORWEB NETWORK 

92/0780 TEMPORARY EXPLORATION OF THE 

ELSWICK 1 GAS WELLSITE, TO 

INCLUDE THE SITING OF A 

WORKOVER RIG AND ASSOCIATED 

MACHINERY. 

89/0682 ACCESS ROAD, TEMPORARY 

DRILLING RIG AND HUTS AND CESS 

PIT 


None. 

Raise No 

Objection 

Raise No 

Objection 

Withdrawn by 

Applicant 

23/02/2009 

22/04/1998 

15/04/1996 

Granted 13/09/1995 

Granted 27/04/1994 

Granted 27/01/1993 

Granted 04/10/1989 

134


To be undertaken by LCC 






Neighbours notified: 




DP01 

DP08 

DP09 

EM07 

EM08 


SP02 

EP11 

SP08 


NPPF: 


Mainstreaming rural issues 

Reduce emissions and adapt to climate change 

Minerals extraction 

Land-won aggregates 


Building design & landscape character 

Expansion of existing business & commercial operations 



Within countryside 





The use of the site is well established and has an on-going temporary permission for a further 6 years. 

The development proposed is for a storage contained that is of a typical size, scale and design. In this 

case it is located alongside an existing building that is much larger than the container proposed and 

within a compound that is surrounded by hedging and set well back from any public vantage point. 

The result of this is that the container will not be visible from any public vantage point and will not 

have any adverse impact on the rural character of the area. 

As the development is clearly associated with the main operation on the site it is acceptable under 

Policy SP8 and Policy SP2 of the Fylde Borough Local Plan. Accordingly no objections should be 

raised to the development. 

135

Conclusions 

The report is to confirm the council's views on a planning application that is to be determined by 

Lancashire County Council. The application seeks consent for the siting of a shipping container to be 

used for storage associated with the long-established and lawful electricity generating activity 

undertaken at the site. The container is appropriately sited to minimise its intrusion in the countryside 

for the temporary period of the site's operation and so it is recommended that no objection be raised to 

the proposal. 


That Lancashire County Council be advised that the Fylde Borough Council raises no objection to the 

development. 

136

137

LIST OF APPEALS DECIDED 

The following appeal decision letters were received between 28/09/2012 and 29/10/2012. Copies of 

the decision letters are attached. 

Rec No: 1 

12 June 2012 11/0846 LAND ADJACENT TO 15 SCHOOL LANE, 

FRECKLETON, PRESTON, PR4 1PJ 

RE-SUBMISSION OF 10/0756 FOR PROPOSED 

CONSTRUCTION OF DETACHED TWO 

STOREY BUILDING PROVIDING TWO 2 

BEDROOM APARTMENTS 

Appeal Decision: Allowed: 16 October 2012 

Written 

Representations 

Rec No: 2 

15 June 2012 12/0018 5 BATH STREET, LYTHAM ST ANNES, FY8 

5ES 

PROPOSED CHANGE OF USE FROM 

OFFICES TO 1 X ONE BEDROOM 

APARTMENT AND 1 X THREE BEDROOM 

MAISONETTE. 

Appeal Decision: Allowed: 16 October 2012 

Written 

Representations 

Rec No: 3 

20 July 2012 12/0170 MILL COTTAGE, MILL LANE, STAINING, 

BLACKPOOL, FY3 0BQ 

CERTIFICATE OF LAWFULNESS FOR 

EXISTING USE OF LAND AS DOMESTIC 

CURTILAGE 

Appeal Decision: Withdrawn: 05 October 2012 

Public Inquiry 

138

Appeal Decision 

Site visit made on 12 September 2012 

by P Eggleton BSc(Hons) MRTPI 

an Inspector appointed by the Secretary of State for Communities and Local Government 

Decision date: 16 October 2012 

Appeal Ref: APP/M2325/A/12/2176353 

15 School Lane, Freckleton, Preston PR4 1PJ. 

• The appeal is made under section 78 of the Town and Country Planning Act 1990 

against a failure to give notice within the prescribed period of a decision on an 

application for planning permission. 

• The appeal is made by Genesis Property Solutions against Fylde Borough Council. 

• The application Ref 11/0846 is dated 20 December 2011. 

• The development proposed is two, two-bedroom apartments. 

Application for Costs 

1. An application for costs was made by Genesis Property Solutions against Fylde 

Borough Council and is the subject of a separate decision. 

Decision 

2. The appeal is allowed and planning permission is granted for two, two-bedroom 

apartments at 15 School Lane, Freckleton, Preston in accordance with the 

terms of the application, Ref 11/0846, subject to the following conditions: 

1) The development hereby permitted shall be begun before the expiration of 

three years from the date of this decision. 

2) The development hereby permitted shall be carried out in accordance with 

the following approved plan: 1100 Rev E. 

3) No development shall take place until details of the materials to be used in 

the construction of the external surfaces of the building hereby permitted 

have been submitted to and approved in writing by the local planning 

authority. Development shall be carried out in accordance with the 

approved details. 

4) No development shall take place until full details of both hard and soft 

landscape works, including boundary treatments, have been submitted to 

and approved in writing by the local planning authority. All hard and soft 

landscape works, including boundary treatments, shall be carried out in 

accordance with the approved details prior to the occupation of any part of 

the development. 

5) No development shall take place on the site until the implementation of a 

programme of archaeological work has been secured. This must be carried 

out in accordance with a written scheme of investigation which has been 


www.planningportal.gov.uk/planninginspectorate 

139

Appeal Decision APP/M2325/A/12/2176353 

Main Issue 

3. The main issue is whether the proposal would make an appropriate contribution 

to the provision of affordable housing, public open space and public realm 

improvements in the area. 

Reasons 

4. The proposal would result in a two-storey building divided into two flats. The 

details generally reflect those considered during a recent appeal which was 

dismissed on 1 December 2011, Ref APP/M2325/A/11/2156696. The plans 

have been changed to reflect the concerns expressed with regard to the front 

porches and entrances. The development was found to be acceptable in all 

other respects. I note the concerns raised by third parties regarding this 

proposal but having considered these matters, I agree with the conclusions of 

the previous inspector. 

5. The proposal would lie close to the centre of the settlement and in close 

proximity to its services. I find support for the location of the development 

from Policies SP1 and SH9 of the Fylde Borough Local Plan 2005 (LP) and I 

generally find no conflict with the detailed requirements of Policy HL2 relating 

to new housing. 

6. The previous appeal decision did make reference to materials and it was 

suggested that these could be controlled by condition. This proposal indicates 

that concrete roof tiles would be used. I do not consider that these would be 

suitable given the relationship of the building to the neighbouring terrace. 

However, I agree that this is a matter that could be controlled by condition. 

7. The Council have indicated that they have no objection to the principle of this 

development subject to the completion of an obligation to require payment of 

contributions towards the provision of affordable housing, public open space 

and public realm improvements. The previous inspector’s decision indicated 

that such requirements, with regard to affordable housing and public open 

space, were unnecessary. No objection had been raised at that time with 

regard to public realm improvements. 

8. The National Planning Policy Framework (NPPF) and Regulation 122 of The 

Community Infrastructure Levy Regulations 2010, require that obligations must 

be necessary in order to make the development acceptable in planning terms; 

directly related to the development; and fairly and reasonably related in scale 

and kind to the development. 


9. There is no LP policy that sets out a requirement for affordable housing. Policy 

L5 of the Regional Spatial Strategy advises that plans and strategies should set 

out such requirements. This is consistent with paragraph 50 of the National 

Planning Policy Framework (NPPF). However, there are no specific 

requirements relating to the provision of financial contributions towards 

affordable housing within the development plan. 

10. The Council relies on its adopted Interim Housing Policy document (IHP). This 

is an informal document produced to inform decisions regarding housing policy 

until the completion of the Local Development Framework. The IHP is referred 

to within the Council’s adopted Local Development Scheme; prior to its 

www.planningportal.gov.uk/planninginspectorate 2 

140


adoption, consultation was carried out at various stages; and it was subject to 

a sustainability appraisal. Despite the informal nature of the IHP, given the 

process that it has gone through prior to adoption, the weight that can be 

afforded to its requirements depends upon their conformity with the 

development plan and national guidance. 

11. The IHP advises that it was prepared to complement the saved policies of the 

LP. However, there is no link between the IHP and the LP with regard to 

affordable housing. The IHP does however reflect the aspirations of the NPPF 

with regard to affordable housing and the potential for provision to be 

supported by the use of financial contributions. 

12. The IHP sets out clear parameters and objectives with regard to sites of over 

14 dwellings, such as a 30% provision of affordable housing. It does not 

provide any such guidance with regard to smaller sites. It requires that a 

contribution equivalent to 5% of the market value of new dwellings would be 

required to fund affordable housing. 

13. I have no evidence to suggest that this mechanism for calculating financial 

requirements with regard to affordable housing is based on a robust evidence 

base or that the contribution would relate in scale to the development 

proposed. I do not find that the requirements accord with the development 

plan or the NPPF. I therefore consider that the IHP requirement should be 

afforded very little weight in this regard. 

14. The principle of a contribution towards affordable housing gains some support 

from the RSS policy and also the NPPF. However, the development plan is 

silent as to how this aspiration would be supported or implemented. A 

requirement to make such provision, in these circumstances, would therefore 

be contrary to the NPPF and Regulation 122. 

Open space provision 

15. LP Policy TREC17 requires that within housing developments amenity open 

space should be provided to the standard of 24 sqm per two-bed dwelling. For 

such small areas, the policy accepts the provision of a payment to provide 

additional or improved open space or other recreational facilities nearby, 

providing it would benefit the occupiers of the new development. 

16. The supporting text to the policy advises that a commuted sum will be 

calculated on the basis of the value of the land that would otherwise have had 

to be made available and the costs of maintaining the area for a ten year 

period. The Council has not carried out an assessment with regard to the 

provision of a commuted sum that follows this detail of the LP. 

17. The NPPF advises that policies relating to open space should be based on a 

robust and up-to-date assessment which should identify specific needs and 

quantitative or qualitative deficits or surpluses of open space. The 

assessments should determine what open space and recreational provision is 

required. The Council advises that contributions would be used to enhance 

facilities at the Freckleton Memorial Playing Field which is relatively close to the 

appeal site. They also advise that no improvement scheme currently exists. 

This clearly does not satisfy the NPPF requirements. 

18. The IHP requires a contribution of 2.5% of the market value of each new 

dwelling. This requirement is clearly at odds with the supporting detail of LP 


141


Policy TREC17 and the differing calculations do not appear to have any link. 

The works for which the contributions are sought have not been defined or 

costed. The IHP should be afforded very little weight in these circumstances. I 

afford greater weight to the text within the LP. 

19. I have found some support for the principle of seeking contributions towards 

open space provision although in this case, it is clear that a need for such 

provision has not been adequately demonstrated. As no specific works have 

been identified and no mechanism provided to robustly calculate the costs of 

providing the area of open space identified by the policy, I am unable to 

establish what would represent a reasonable financial requirement in line with 

the NPPF and Regulation 122. In these circumstances, the failure to offer an 

obligation does not weigh significantly against the proposal. 

Public realm improvements 

20. LP Policy EP1 sets out that in urban areas, environmental conditions will be 

maintained and improved through the development control process. It sets out 

that environmental improvement schemes will be undertaken in a number of 

areas including Freckleton Village Centre. The policy does not set out a 

requirement for contributions to be made when considering residential 

development. 

21. The Council refers to paragraph 69 of the NPPF but I do not find that this offers 

support for its approach. The Council has identified that a revised 

Regeneration Framework was adopted in 2010. This makes reference to 

potential works in Freckleton. I am unclear of the status of this document but 

in any event, the detail of such works have yet to be identified or agreed. This 

does not form a satisfactory basis for requiring financial contributions and is 

not consistent with the requirements of the NPPF. 

22. The IHP seeks a percentage of the final value of the new dwellings as a 

contribution towards public realm improvements. Again, such an approach fails 

to provide any link between the scale of the development and the nature of 

future works. I find no support for this approach from the LP or the NPPF and 

as such, the IHP should be given very little weight. It is not possible to be 

satisfied that the proposal generates a need for the improvement works 

mentioned and in any event, such a requirement, based on the evidence 

provided, would have no policy support and would fail to satisfy the NPPF and 

Regulation 122. 

Conclusions 

23. I find some support from the LP for the principle of contributions to be sought 

for open space provision. However, I have not been persuaded that a need for 

such provision has been demonstrated in this case. I find little LP support for 

requiring contributions towards affordable housing or public realm 

improvements. Whilst there is some support for affordable housing provision in 

the RSS and the NPPF, the Council have failed to produce up-to-date policies in 

this regard. 

24. The NPPF is clear that development should be genuinely plan-led with up-todate 

plans that provide a practical framework within which decisions can be 

made to ensure a high degree of predictability and efficiency. It also sets out a 

presumption in favour of sustainable development and it requires that 


142


development proposals, that accord with the development plan, should be 

allowed without delay. 

25. I have found that the development overall would gain support from the LP and 

given its location, I consider that it represents sustainable development. With 

regard to the specific requirements of this case, I have not found the IHP to be 

consistent with the LP or the NPPF and I therefore afford its requirements very 

little weight. I conclude that there are no matters sufficient to outweigh the 

benefits of this development. I therefore allow the appeal. 

26. I have imposed conditions relating to the commencement of development and 

the details of the approved plans for the avoidance of doubt and in the 

interests of proper planning. As described earlier, I consider that the materials 

to be used should be agreed by the Council in order to ensure that the building 

would have a satisfactory appearance and complement the neighbouring 

terrace. 

27. I have imposed a condition relating to landscaping and boundary treatments to 

ensure that the development would have a satisfactory appearance and 

relationships with surrounding properties. 

28. The County Archaeologist has identified that deposits dating from the medieval 

period could be disturbed by the proposed works. I have imposed a condition 

requiring a watching brief as requested. 

29. The Council suggest that certain permitted development rights should be 

removed. As the rights referred to relate to dwellinghouses and not flats, they 

would not apply in any event. I am not satisfied that a condition regarding 

drainage provision would be necessary as such matters are covered by 

separate legislation. 

Peter Eggleton 

INSPECTOR 


143

Appeal Decision 

Site visit made on 12 September 2012 

by P Eggleton BSc(Hons) MRTPI 

an Inspector appointed by the Secretary of State for Communities and Local Government 

Decision date: 16 October 2012 

Appeal Ref: APP/M2325/A/12/2176461 

5 Bath Street, Lytham St. Annes, Lancashire FY8 5ES. 

• The appeal is made under section 78 of the Town and Country Planning Act 1990 

against a refusal to grant planning permission. 

• The appeal is made by Mr N Dickinson against the decision of Fylde Borough Council. 

• The application Ref 12/0018 was refused by notice dated 11 May 2012. 

• The development proposed is the conversion of existing offices to a ground floor flat and 

a first/second floor maisonette. 

Decision 

1. The appeal is allowed and planning permission is granted for the conversion of 

existing offices to a ground floor flat and a first/second floor maisonette at 

5 Bath Street, Lytham St. Annes in accordance with the terms of the 

application, Ref 12/0018, subject to the following condition: 

1) The development hereby permitted shall be begun before the expiration of 

three years from the date of this decision. 

Main Issue 

2. The main issue is whether the proposal would make an appropriate contribution 

to the provision of affordable housing, public open space and public realm 


Reasons 

3. The proposal would result in a change of use of this office building to two 

residential units. The property lies close to the centre of the settlement and in 

close proximity to services and employment. There has been no suggestion by 

the Council that the loss of this office space would be harmful. 

4. The property has previously been used for residential purposes and given the 

lack of proposed alterations, the change in use would not result in harm with 

regard to adjacent occupiers or the character or appearance of the area. 

Although parking would not be provided, I agree that given the lawful use and 

the proximity to public transport and services, this would not weigh 

significantly against the proposal. I find support for the location of the 

development from Policies SP1 and SH9 of the Fylde Borough Local Plan 2005 

(LP). I find no conflict with LP Policies HL2 or EP3. These include specific 

requirements relating to housing and new development in conservation areas. 

5. The principle of this development has been accepted by the local planning 

authority subject to the submission of an obligation to secure payments 

www.planningportal.gov.uk/planninginspectorate 

144

Appeal Decisions APP/M2325/A/12/2176461 

towards the provision of affordable housing, public open space and public realm 


6. The National Planning Policy Framework (NPPF) and Regulation 122 of The 

Community Infrastructure Levy Regulations 2010, require that obligations must 

be necessary in order to make the development acceptable in planning terms; 

directly related to the development; and fairly and reasonably related in scale 

and kind to the development. 


7. The LP has no policy that sets out a requirement for affordable housing. Policy 

L5 of the Regional Spatial Strategy (RSS) advises that plans and strategies 

should set out such requirements. This is consistent with paragraph 50 of the 

NPPF. However, there are no specific requirements relating to the provision of 

financial contributions towards affordable housing within the development plan. 

8. The Council relies on its adopted Interim Housing Policy document (IHP). This 

is an informal document produced to inform decisions regarding housing policy 

until the completion of the Local Development Framework. The IHP is referred 

to within the Council’s adopted Local Development Scheme; prior to its 

adoption, consultation was carried out at various stages; and it was subject to 

a sustainability appraisal. Despite the informal nature of the IHP, given the 

process that it went through prior to adoption, the weight that can be afforded 

to its requirements depends upon their conformity with the development plan 

and national guidance. 

9. The IHP advises that it was prepared to complement the saved policies of the 

LP. However, there is no link between the IHP and the LP with regard to 

affordable housing. The IHP does however reflect the aspirations of the NPPF 

with regard to affordable housing and the potential for such provision to be 

supported by the use of financial contributions. 

10. The IHP sets out clear parameters and objectives with regard to sites of over 

14 dwellings, including a 30% provision of affordable housing. It does not 

provide any such guidance with regard to smaller sites. It advises that a 

contribution, equivalent to 5% of the market value of the new dwellings, would 

be required to fund affordable housing. 

11. I have no evidence to suggest that the mechanism for calculating financial 

requirements, with regard to affordable housing, is based on a robust evidence 

base or that the contribution would relate in scale to the development 

proposed. In this respect, I do not find that the IHP, in relation to small 

developments, accords with the development plan or the NPPF. I therefore 

consider that the IHP requirements for affordable housing should be given very 

little weight in this regard. 

12. I accept that the principle of providing affordable housing gains some support 

from the RSS and also the NPPF. However, the development plan is silent as to 

how this aspiration would be supported or implemented. A requirement to 

make such provision in these circumstances would therefore be contrary to the 

NPPF and Regulation 122. 


145


Open space provision 

13. LP Policy TREC17 requires that within housing developments amenity open 

space should be provided to the standards of 16 sqm per one-bed dwelling and 

32 sqm per three-bed dwelling. For such small areas, the policy accepts the 

provision of a payment to provide additional or improved open space or other 

recreational facilities nearby, where this would serve the occupiers of the new 

development. The policy is not clear that it relates to change of use 

applications although the lack of private amenity space associated with these 

units would be likely to increase the reliance on public open space provision. 

14. The supporting text to the policy advises that a commuted sum will be 

calculated on the basis of the value of the land that would otherwise have had 

to be made available and the costs of maintaining the area for a ten year 

period. The Council has not carried out an assessment with regard to the 

provision of a commuted sum that follows this detail of the LP. 

15. The NPPF advises that policies relating to open space should be based on a 

robust and up-to-date assessment which should identify specific needs and 

quantitative or qualitative deficits or surpluses of open space. These 

assessments should determine what open space and recreational provision is 

required. The Council advises that contributions would be used to assist in the 

enhancement of facilities on The Green in Lytham. No further information is 

provided and this evidence clearly falls short of that sought by the NPPF. 

16. The Council relies upon the IHP which requires a contribution of 2.5% of the 

market value of each new dwelling. This requirement is clearly at odds with 

the supporting detail of LP Policy TREC17 and the differing calculations do not 

appear to have any link. The works suggested do not have support from a 

robust assessment and there appears to be no correlation between the amount 

of money sought and the cost of the provisions. Given the clear conflict 

between the LP and IHP requirements and the conflict with the requirements 

regarding obligations set out in the NPPF, I find that the IHP should be afforded 

very little weight in these circumstances. I afford greater weight to the text 

within the LP. 

17. I have found some support for the principle of seeking contributions towards 

open space provision although in this case, I am not persuaded that a need for 

such provision has been demonstrated. No specific works have been identified 

and no mechanism provided to robustly calculate the costs of providing the 

area of open space identified by the policy. I am unable to establish what 

would represent a reasonable financial requirement in line with the NPPF and 

Regulation 122. In these circumstances, the failure to offer an obligation does 

not weigh significantly against the proposal. 

Public realm improvements 

18. LP Policy EP1 sets out that in urban areas, environmental conditions will be 

maintained and improved through the development control process. It sets out 

that environmental improvement schemes will be undertaken in a number of 

areas including Lytham Town Centre. The policy does not include a 

requirement for contributions to be made when considering residential 

development. 

19. The Council refers to paragraph 69 of the NPPF but I do not find that this offers 

support for its approach. The Council has identified that a revised 


146


Regeneration Framework was adopted in 2010 and this includes a project 

encompassing all of Lytham Town Centre and The Green. I am unclear of the 

status of this document but it is clearly not part of the development plan and I 

have no indication of the process, including consultation, that was undertaken 

with regard to its adoption. In any event, although some indication of potential 

improvements are provided, these are not clearly identified or costed and they 

do not appear to have direct relevance to this development. 

20. The IHP seeks a percentage of the final value of the new dwellings as a 

contribution towards public realm improvements. Again, such an approach fails 

to provide any link between the scale of the development and the nature of the 

works required. I find no support for this approach from the LP or the NPPF 

and as such, in this respect, I find that the IHP should be given very little 

weight in relation to this matter. I am not satisfied that the proposal generates 

a need for the improvement works mentioned and such a requirement, based 

on the evidence provided, would have no policy support and would fail to 

satisfy the NPPF and Regulation 122. 

Conclusions 

21. I find some support from the LP for the principle of contributions to be sought 

for open space provision. However, I have not been persuaded that a need for 

such provision has been demonstrated in this case. I find little LP support for 

requiring contributions towards affordable housing or public realm 

improvements. Whilst there is some support for the principle of affordable 

housing provision in the RSS and the NPPF, the Council have failed to produce 

up-to-date policies in this regard. 

22. The NPPF is clear that development should be genuinely plan-led with up-todate 

plans that provide a practical framework within which decisions can be 

made. This is to ensure a high degree of predictability and efficiency. It also 

sets out a presumption in favour of sustainable development and it requires 

that development proposals that accord with the development plan should be 

allowed without delay. 

23. I have found that the development overall would gain support from the LP and 

given its location and use of an existing building, I consider that it represents 

sustainable development. With regard to the specific requirements of this 

case, I have not found the IHP to be consistent with the LP or the NPPF. I 

therefore afford its requirements very little weight. I conclude that there are 

no matters sufficient to outweigh the benefits of this development. I therefore 

allow the appeal. 

24. I have imposed a condition relating to the commencement of development in 

the interests of proper planning. 

Peter Eggleton 

INSPECTOR 


147

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