Agenda and minutes

Apologies for absence were received from Councillors June Molyneaux, Shaun Smith and Chris Snow.

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 3 April 2007 (enclosed)

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 3 April 2007 be confirmed as a correct record and signed by the Chair.

Members of the Committee are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda in accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and the Members Code of Conduct.  If the personal interest is a prejudicial interest, then the individual Member should not participate in a discussion on the matter and must withdraw from the Council Chamber and not seek to influence a decision on the matter.

In accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and the Members Code of Conduct, the following Member declared an interest in relation to the Planning Application listed below, which was included on the meetings agenda.

Councillor Dennis Edgerley – Item 8, Planning Application 07/00231/ADV

Councillor Alan Cain – Item 8, Planning Application 07/00231/ADV

Table (enclosed)

The Director of Development and Regeneration submitted reports on a number of planning applications to be determined by the Committee.

RESOLVED – That the planning applications, as now submitted, under item 4, be determined in accordance with the Committee’s decisions as recorded below.

Director of Development and Regeneration (enclosed)

(The Committee received representations from an objector and supporter of the application).

Application No:            07/00178/COU

Proposal:       Change of use of an existing building to stables (retrospective), offices and the storage of horseboxes and carriages.

Location:        Land 20m North East of 21, Gorsey Lane, Mawdesley

Decision:

It was proposed by Councillor Francis Culshaw, seconded by Councillor Dennis Edgerley, and subsequently RESOLVED (11:0) to defer the decision to allow the Site Inspection Sub-Committee to visit the site of the development and make a recommendation to this Committee.

Report of the Director of Development and Regeneration (enclosed)

The Committee received representations from an objector and supporter of the application).

Application No:            07/00203/FUL

Proposal:       Formation of skateboarding, roller-blading and stunt-bike facility, and widening of path by 1m (part-retrospective)

Location:        Millennium Green, Hurst Green, Mawdesley, Ormskirk

Decision:

It was proposed by Councillor Francis Culshaw, seconded by Councillor Alan Cain, and subsequently RESOLVED (10:0) to grant full planning permission subject to the following conditions:

1. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2. The development hereby approved for the skateboarding, roller-blading and stunt-bike facility shall be carried out in accordance with the plan and dimensional details received on the 3^rd April 2007.

Reason:  To define the consent and to ensure all works are carried out in a satisfactory manner.

3. Before the development commences, full details of the colour and finish of the concrete surface and the skateboarding, roller-blading and stunt-bike equipment shall have been submitted to and been approved in writing by the Local Planning Authority.  The development shall hereafter be retained in accordance with these approved details, unless otherwise agreed in writing by the Local Planning Authority. 

Reason : In the interests of the character and appearance of the area and in accordance with Policy No. DC1 and LT14 of the Adopted Chorley Borough Local Plan Review.

4. Before the ash tree is felled full details (including species, stature and location) of a replacement tree to be planted shall have been submitted to and approved in writing by the Local Planning Authority.  The replacement tree planting shall be carried out in accordance with the approved details within nine months of the tree felling.

Reason: To safeguard the visual amenity of the area and in accordance with Policy Nos. DC1 and EP9 of the Adopted Chorley Borough Local Plan Review.

Report of the Director of Development and Regeneration (enclosed)

(The Committee received representations from an objector to the proposal).

Application No:            07/00247/FUL

Proposal:       Erection of 2 no. detached dwellings, one with integral garage and one with detached single garage.

Location:        Land North of 26, Chorley Lane, Charnock Richard

Decision:

It was proposed by Councillor Ralph Snape, seconded by Councillor Dennis Edgerley, and subsequently RESOLVED (11:0) to defer the decision to allow the Site Inspection Sub-Committee to visit the site of the development and make a recommendation to this Committee.

Report of the Director of Development and Regeneration (enclosed)

Application No:            07/00062/FULMAJ

Proposal:       The erection of 3no office blocks with non-infrastructure roadway, car parking and landscaping.

Location:        Land bounded by the M61, A674 Blackburn Road, Leeds – Liverpool Canal and including Canal Mill, Botany Bay, Chorley

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Danny Gee, and subsequently RESOLVED (8:0) to grant full planning permission subject to the following conditions:

1. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall not commence until samples of all external facing materials to the proposed buildings and details of windows (frames/finish/fixing details) (notwithstanding any details shown on the approved plans) have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out using the approved external facing materials and window details.

Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

3. Before the development hereby permitted is first commenced full details of existing and proposed ground levels and proposed building slab levels (all relative to ground levels adjoining the site) shall have been submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail shown  on the approved plans. The development shall only be carried out in conformity with the approved details.

Reason:  To protect the appearance of the locality, in the interests of the amenities of local residents and in accordance with Policy No. GN5 of the Adopted Chorley Borough Local Plan Review.

4. Before the development hereby permitted is first occupied, the car park and vehicle manoeuvring areas shall be surfaced or paved, drained and marked out all in accordance with the approved plan. The car park and vehicle manoeuvring areas shall not thereafter be used for any purpose other than the parking of and manoeuvring of vehicles.

Reason:  To ensure adequate on site provision of car parking and manoeuvring areas and in accordance with Policy No. TR4 of the Adopted Chorley Borough Local Plan Review.

5. The development hereby permitted shall not commence until full details of the colour, form and texture of all hard ground-surfacing materials (notwithstanding any such detail shown on the approved plans) have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in conformity with the approved details.

Reason:  To ensure a satisfactory form of development in the interest of the visual amenity of the area and in accordance with Policy No. GN5 of the Adopted Chorley Borough Local Plan Review.

6. No development shall take place until a scheme of landscaping has been submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail shown on the approved plans. The scheme shall cover the whole of  ...  view the full minutes text for item 52d

Report of the Director of Development and Regeneration (enclosed)

Application No:            07/00127/COU

Proposal:       Change of use from former children’s home to residential dwelling.

Location:        22, Derwent Road, Chorley

Decision:

It was proposed by Councillor Ralph Snape, seconded by Councillor Dennis Edgerley, and subsequently RESOLVED to grant planning permission subject to a Section 106 Agreement and the following condition:

The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

Report of the Director of Development and Regeneration (enclosed)

Application No:            07/00177/FUL

Proposal:       Erection of detached dwelling and garage

Location:        Land rear of 209 to 213 Preston Road, Whittle-Le-Woods, Chorley

Decision:

It was proposed by Councillor Adrian, seconded by Councillor Eric Bell, and subsequently RESOLVED (11:0) to grant full planning permission subject to the following conditions:

1. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall not commence until full details of the colour, form and texture of all external facing materials to the proposed building(s) (notwithstanding any details shown on the previously submitted plan(s) and specification) have been submitted to and approved in writing by the Local Planning Authority.  The development shall only be carried out using the approved external facing materials.

Reason:  To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

3. All planting, seeding or turfing comprised in the approved details of landscaping (as shown on drawing no 07/002/P01) shall be carried out in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason:  In the interest of the appearance of the locality and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

4. The submitted fencing and access gate details under the scope of the approved plans identified shall be implemented prior to the first occupation of the approved dwelling; the fencing shall be stained or painted in accordance with a scheme to be agreed with the Local Planning Authority upon its erection.

Reason: In the interests of visual and residential amenity in the locality and to accord with the provision of policies GN5 of the Adopted Chorley Borough Local Plan Review.

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (Schedule 2, Part 1, Classes A to E), or any Order amending or revoking and re-enacting that Order, no alterations or extensions shall be undertaken to the dwelling(s) hereby permitted, or any garage, shed or other outbuilding erected (other than those expressly authorised by this permission).

Reason: To protect the appearance of the locality and the amenities of adjoining neighbours and in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

6. The development hereby permitted shall only be carried out in conformity with the proposed ground and building slab levels shown on the approved plan(s) or as may otherwise be agreed in  ...  view the full minutes text for item 52f

Report of the Director of Development and Regeneration (enclosed)

The Director of Development and Regeneration submitted a report seeking the Committee’s instructions as to whether to confirm Tree Preservation Order No. 7 (Adlington) 2006 in light of receiving an objection.

The trees fronted onto Railway Road and formed an attractive frontage that added significantly to the visual amenities of the locality. The trees covered by the Tree Preservation Order are on land allocated in the Local Plan Review for employment development under policy EM1.2 and as a site for a Railway Station/Park and Ride Site under policy TR13.

The trees comprised a variety of different species and stature. The Council’s Arboricultural Officer carried out a survey of the site to establish which of the trees were worthy of protection. It was considered that a tract of trees fronting Railway Road should be protected given that they have significant amenity value and would also provide an effective screen to the site if it were developed in the future.

One letter of objection had been received, the contents of which are summarised as follows:

• The area of trees covered by the TPO is considered to be excessive
• The majority of trees are self seeded saplings of no particular value apart from forming a screen between Railway Road and the land to the south east
• Only a 5m strip of trees should be retained as most of the mature trees are contained within this tract.

It was proposed by Councillor Danny Gee, seconded by Councillor Adrian Lowe, and subsequently RESOLVED that the order be confirmed.

Report of the Director of Development and Regeneration (enclosed)

The Director of Development and Regeneration submitted a report seeking the Committee’s instructions has to whether to confirm the Tree Preservation Order no. 8 Chorley 2006 in light of receiving an objection.

The trees extend to a large area of land, the western boundary of which abuts the canal. The land is allocated in the Local Plan Review for employment development. In light of the policy allocation, it was expedient to assess the amenity value of the trees on the site so as where necessary they can be retained.

The trees comprise a variety of different types from mature trees, mixture of trees and hedgerows. The Council’s Arboricultural Officer carried out a survey on the site and considered that the trees should be made the subject of a Tree Preservation Order and be retained when the site is developed to enhance the site and mitigate some of the impact of the built development.

One letter of objection had been received, which can be summarised as follows:

• Some trees are within hedgerows, which will obstruct development.
• The site had been the subject of pre-application discussions and the Tree Preservation Order will only discourage development of the site.
• Some of the trees are in positions that would prevent the laying of roads and access ways.
• The new bridge from the access road will fall directly in line with trees identified.
• It is incongruous and incomprehensible for the Council to promote the development of land for employment use and then impose a Tree Preservation Order of this extent, which can only frustrate and discourage companies willing to invest in the area.

It was proposed by Councillor Danny Gee, seconded by Councillor Adrian Lowe and subsequently RESOLVED to confirm the order.

Report of the Director of Development and Regeneration (enclosed)

The Committee received a report of the Director of Development and Regeneration giving notification of the lodging of two planning appeals, one appeal that had partly been allowed and one enforcement appeal that had been allowed.

RESOLVED – That the report be noted.

Table (enclosed)

The Committee received for information a table showing the decisions made on the category ‘B’ development proposals, which had, or were intended to be, determined by the Chief Officer under the adopted scheme of delegations, following consultation with the Chair and Vice-Chair of the Committee.

The Director of Development and Regeneration advised the Committee that in light of receiving some additional information, application no: 0700187/FUL had not yet been decided upon and would be determined in the next few weeks by delegated powers or brought to the next meeting of this Committee for a decision.

RESOLVED – That the report be noted.

Schedule (enclosed)

The Director of Development and Regeneration presented for Members information, a schedule listing the remainder of the applications that had been determined by the Chief Officer under delegated powers between 21 March and 11 April 2007.

RESOLVED – That the schedule be noted.

The Chair on behalf of the Committee thanked Councillors Thomas Bedford and Francis Culshaw for their contribution to the Development Control Committee over the years and wished them all the best following their retirement from the Council.

Addendum (circulated at the meeting)