Agenda, decisions and minutes

RESOLVED - That the minutes of the Development Control Committee held on 29 September 2015 be approved as a correct record for signature by the Chair.

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

There were no declarations of interest declared for any items listed on the agenda.

The Chair announced that she had agreed to accept two urgent items of business detailed below, as it was felt that the decision for both items could not wait to be considered at the next meeting –

The Chair advised item 7a would be considered prior to the planning applications being discussed, and item 5b would be considered following item 5a.

Report of the Director of Public Protection, Streetscene and Community (enclosed).

Members of the Committee considered a report by the Director of Public Protection, Streetscene and Community which provided information on a review of S106 agreements associated with the provision of Public Open Space (POS) and sought approval to the amended treatment of some S106 agreements, by the imposition of a condition as opposed to requiring the signing of a legal agreement. 

The Development Control Manager explained that the practice adopted within Chorley for pooling S106 obligations had been to identify types of infrastructure and costs, and to then allocate funds that had been paid as a result of developments commencing, but limit the number of contributions to five per project.  This approach had been questioned by the Council’s legal officers who offered a different interpretation to the legislation.  They advised that the Council should only be pooling five obligations as opposed to five payments for each type of infrastructure.

The Council considered that the reference to this type of infrastructure could be interpreted to include projects to deliver an individual playing pitch or play area improvement or phasing of a larger project.

RESOLVED (unanimously) –

1.    That the report be noted

2.    Any future applications, that would normally require a S106 agreement to provide POS contributions, but would not include the requirement for affordable housing, be dealt with by the imposition of a condition. That those applications that had a resolution to approve subject to a S106 agreement covering only POS and where the decision had not been issued, were authorised to be issued with a condition to secure a scheme of off-site public open space in place of a legal agreement.

The Director of Public Protection, Streetscene and Community has submitted six reports for planning applications to be determined (enclosed).

Plans to be considered will be displayed at the meeting or may be viewed in advance by following the links to the current planning applications on our website.  http://planning.chorley.gov.uk/online-applications/

The Director of Public Protection, Streetscene and Community submitted six reports for planning permission consideration.

In considering the applications, members of the Committee took in to account the agenda reports, the addendum, and the verbal representations and submissions provided by officers and individuals.

Full planning permission approved subject to conditions.

The Chair accepted a late request to speak in support of the planning application.

Registered speaker: Daniel Hull (the applicant’s representative)

A motion was put forward to defer a decision on the application, to allow members of the Committee the opportunity to visit the site of the proposals, which was seconded.  When put to the vote, the motion was lost (2:10:2).

RESOLVED (10:2:2) - That full planning permission be approved subject to the conditions detailed within the report in the agenda, the additional condition in the addendum, and that condition 3 in the report be amended to restrict the hours of opening as follows:

Reason: To safeguard the amenities of local residents.

Full planning permission approved subject to conditions

RESOLVED (unanimously) - That full planning permission be approved subject to conditions detailed within the report in the agenda and an additional condition in the addendum and with a condition regarding open space instead of a S106 agreement.

Retrospective planning permission approved subject to conditions.

Registered speaker: Dr Peter Dixon (objector)

RESOLVED (8:3:3) – That retrospective planning permission be approved subject to conditions detailed within the report in the agenda.

Planning permission approved subject to conditions

RESOLVED (11:2:1) – That the outline planning permission be approved subject to conditions detailed within the report in the agenda, the additional conditions in the addendum (as an alternative in relation to open space to a S106 agreement) and that an additional condition that required the remaining car park to be laid out as per the approved plans be imposed.

Planning permission approved subject to conditions.

Registered speakers: Ward Councillor Julia Berry, and Jake Crompton (the applicant’s agent)

RESOLVED (unanimously) – That planning permission be approved subject to conditions detailed within the report in the agenda and the amended conditions in the addendum.

Full planning permission approved subject to conditions.

RESOLVED (unanimously) – That full planning permission be approved subject to conditions detailed within the report in the agenda.

Report of the Head of Governance and Property Services (enclosed).

The Council’s Monitoring Officer submitted a report which advised members of the Committee of the recent successful Judicial Review challenge to the Ministerial Statement of 28 November 2014, and sought approval to the amended treatment of S106 agreements that had yet to be completed as a result of the challenge.

On 28 November 2014, a Ministerial Statement was issued that prevented Local Planning Authorities from seeking tariff based contributions (for public open space) from developers where the development was 10 properties or less and had a maximum combined gross floor space of 1000 square metres. This was challenged by Judicial Review and has been quashed.

The Council treated applications in accordance with the Ministerial Statement. The quashing of it however meant that the Council should act as if it never existed. There were a number of applications where the Committee resolved to approve contrary to the statement but the decision had yet to be issued. Where this was the case, the report proposed that, where relevant, the resolution be changed to require the approval to be subject to a section 106 agreement with payments for public open space and/or affordable housing delivery to be calculated in accordance with current local policies (for example to allow for deficit and new provision).

Members of the Committee discussed the report.

RESOLVED –

Members of the Committee considered a report of the Director of Public Protection, Streetscene and Community which sought members’ authority to take enforcement action in respect of the unauthorised formation of a car parking area at Five Acres Plant Centre, Dawbers Lane, Euxton.

Planning permission had been refused for the unauthorised development involving a large area of hardstanding on land within the greenbelt for car parking.  No appeal had been lodged against the refusal of planning permission, nor had the hardstanding been removed and as such was causing harm to the greenbelt.

The Principal Officer advised that there had been strong indications that a planning application was due to be submitted week commencing 2 November. 

RESOLVED (unanimously) – That it was expedient to issue an Enforcement Notice to remedy the breach by stopping the use of land as a car park and removing the material laid to form the hardstanding from the land. Officers to await the outcome of the decision on any planning application being submitted before taking enforcement action. 

The Director of Public Protection, Streetscene and Community submitted a report, which sought authority to take enforcement action in respect of the non-compliance with condition 12 attached to planning permission 13/00600/FUL.

Planning condition number 12 attached to the permission required that works for the construction of the new estate/access road were to be constructed in accordance with Lancashire County Council highways specification as part of a Section 278 highways agreement before the development commenced. The reason for the condition was to ensure that satisfactory access was provided to the site before construction commences and to ensure future residents had a satisfactory means of access to their properties.

It was considered that the failure to provide approved highway specification would result in an unsatisfactory access and might create a highway safety issue while the development was under construction and conflict with other road users.

RESOLVED (unanimously) – That authorisation be given to the Director of Public Protection, Streetscene and Community to take appropriate enforcement action which could include the service of enforcement notices, Breach of Condition Notices and Temporary Stop Notices.

Report of the Director Public Protection, Streetscene and Community for information (enclosed).

The Director of Public Protection, Streetscene and Community submitted a report for information on planning appeals received from Lancashire County Council and other bodies between 3 August 2015 and 27 October 2015.

Three appeals has been lodged with the Planning Inspector for planning permission refusal, and five planning appeals which had been dismissed. 

The report also provided information on nine decisions made by Lancashire County Council from 27 February 2015 to 15 October 2015.

RESOLVED – That the report be noted.