Agenda, decisions and minutes

Apologies for absence were received from Councillors Adrian Lowe who was unable to attend as he was on Mayoral duty, Roy Lees, Edward Smith and Ralph Snape

Members are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda. If the interest arises only as result of your membership of another public body or one to which you have been appointed by the Council then you only need to declare it if you intend to speak.

If the personal interest is a prejudicial 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.

No declarations of interest were received.

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 9 October 2007 (enclosed)

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 9 October 2007 be confirmed as a correct record for signing by the Chair.

Table (enclosed)

Please note that copies of the location plans are included with the agenda. Plans to be considered will be displayed at the meeting or may be viewed in advance by following the links to current planning applications on our website www.chorley.gov.uk/planning

The Corporate Director (Business) submitted reports on a number of planning applications to be determined by the Committee.

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

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to Legal Agreement

Application No:            07/00953/OUTMAJ

Proposal:                   Outline application for the redevelopment of the site (7.87 hectares) for 102 dwellings with associated highway infrastructure and landscape treatment.

Location:                    Group 4N Land 150m West of Sibbering’s Farm, Dawson Lane. Whittle-Le-Woods

Decision:

It was proposed by Councillor Ken Ball, seconded by Councillor Alan Cain, and subsequently RESOLVED (12:1) to grant planning permission subject to a Section 106 Agreement and the following conditions:

1. An application for approval of the reserved matters (namely external appearance of the buildings and landscaping of the site) must be made to the Council before the expiration of three years from the date of this permission and the development hereby permitted must be begun two years from the date of approval of the last of the reserved matters to be approved.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences and walls to be erected (notwithstanding any such detail shown on previously submitted plans) shall have been submitted to and approved in writing by the Local Planning Authority.  No dwelling shall be occupied until all fences and walls shown in the approved details to bound its plot have been erected in conformity with the approved details.  Other fences and walls shown in the approved details shall have been erected in conformity with the approved details prior to substantial completion of the development.

Reason:  To ensure a visually satisfactory form of development, to provide reasonable standards of privacy to residentsand in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

3. The application for approval of reserved matters shall be accompanied by full details of existing and proposed ground levels and proposed building slab levels (all relative to ground levels adjoining the site), notwithstanding any such detail shown on previously submitted 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 Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

4. 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 which may have previously been submitted.  The scheme shall indicate all existing trees and hedgerows on the land; detail any to be retained, together with measures for their protection in the course of development; indicate the types and numbers of trees and shrubs to be planted, their distribution on site, those areas to be seeded, paved or hard landscaped; and detail any changes of ground level or landform.

Reason: In the interests of the amenity of the area and in accordance with Policy No.GN5 of the Adopted Chorley Borough Local  ...  view the full minutes text for item 123a

Report of Corporate Director (Business) (enclosed)

Reserved Matters permission granted

Application No:            07/00993/REMMAJ

Proposal:                   Reserved Matters application for the erection of 149 dwellings with associated works site area 4.8 hectares

Location:                    Site N1, Lower Burgh Way, Chorley

Decision:

It was proposed by Councillor Eric Bell, seconded by Councillor Alan Cain, and was subsequently RESOLVED (12:0) to grant the reserved matters permission subject to the following conditions

1. The proposed development must be begun not later than two years from the date of this permission or not later than five years from the date of the outline planning permission (reference 05/00516/OUTMAJ)

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Surface water must drain separate from the foul and no surface water will be permitted to discharge to the foul sewerage system.

Reason: To secure proper drainage and in accordance with Policy Nos. EP17 of the Adopted Chorley Borough Local Plan Review

3. No development shall take place until details of the proposed surface water drainage arrangements have been submitted to and approved by the Local Planning Authority in writing.  No part of the development shall be occupied until the approved surface water drainage arrangements have been fully implemented.

Reason: To secure proper drainage and to prevent flooding and in accordance with Policy Nos. EP18 and EP19 of the Adopted Chorley Borough Local Plan Review.

4. Before the development hereby permitted is first commenced full details of the means of foul water drainage/disposal shall have been submitted to and approved in writing by the Local Planning Authority.  No dwelling shall be occupied until the works for foul water drainage/disposal have been completed in accordance with the approved details.

Reason: To ensure proper drainage of the development and in accordance with Policy No. EP17 of the Adopted Chorley Borough Local Plan Review.

5. All planting, seeding or turfing comprised in the approved details of landscaping 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.

6. During the construction period, all trees to be retained shall be protected by 1.2 metre high fencing as specified in paragraph 8.2.2 of British Standard BS5837:2005 at a distance from the tree trunk equivalent to the outermost limit of the branch spread, or at a distance from the tree trunk equal to half the height of the tree (whichever is further from the tree trunk), or as may be first  ...  view the full minutes text for item 123b

Report of Corporate Director (Business) (enclosed)

Full planning permission granted

Application No:            07/01051/FULMAJ

Proposal:                   House type substitutions, the erection of 3 additional dwellings and minor revisions to roads serving plots 84 – 161. Part amendment to the originally approved layout ref 9/02/00680/REMMAJ (site area 7.83 hectares)

Location:                    Land between Froom Street and Crosse Hall Lane, Chorley

Decision:

It was proposed by Councillor Danny Gee, seconded by Councillor Patricia Haughton, and subsequently RESOLVED (11:0) with 1 abstention to grant planning permission subject to the following conditions:

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

Reason: Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. No drainage from the proposed development shall run off into the motorway's drainage system, nor shall any such new development adversely affect any motorway drainage.

Reason: To maintain the stability of the motorway and in accordance with Policy Nos. EP15 and EP18 of the Adopted Chorley Borough Local Plan Review

3. There shall be no development on or adjacent to any motorway embankment that shall put any such embankment or earthworks at risk.

Reason: To maintain the stability of the motorway and in accordance with Policy No. EP15 of the Adopted Chorley Borough Local Plan Review.

4. Before the development hereby permitted is first commenced there shall have been submitted to and approved in writing by the Local Planning Authority a scheme for incorporating archaeological features at the site within the development.

Reason: In the interests of retaining features of archaeological interest at the site.

5. No vehicles shall access the site for the purposes of the construction of the development hereby permitted until after the completion of the development permitted by planning permission 9/98/00208/FUL (for the provision of a new access road and canal bridge) dated 17 February 1999 and thereafter all vehicles entering and leaving the site in connection with the construction of the development hereby permitted shall only do so via the new access road and canal bridge permitted under planning permission 9/98/00208/FUL, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of highway safety and the amenities of local residents and in accordance with Policy TR4 of the Adopted Chorley Borough Local Plan Review.

6. The development shall be carried out in accordance with the approved scheme for protecting the proposed dwellings from noise from the M61 motorway has been submitted to. The approved schemes referred to are W2715/PJ/22291 (received 19th August 2002) and HB155/04/07/NEW (received 27th September 2002). All works which form part of the approved scheme shall be completed before any of the permitted dwellings are occupied.

Reason:  In the interests of the amenity of future occupants of the proposed dwellings and in accordance with Policy EP20 of the Adopted Chorley Borough Local Plan Review.

7. Before any development associated with the erection of houses on plots 84 to 164 are commenced the acoustic and screen mound alongside the M61 motorway, as shown on the previously approved plans, shall  ...  view the full minutes text for item 123c

Report of Corporate Director (Business) (enclosed)

Planning permission granted

Application No:            07/01057/FUL

Proposal:                   Detached Garage

Location:                    Stable, Logwood Mill Farm, Brinscall Mill Road, Wheelton, Chorley

Decision:

It was proposed by Councillor Eric Bell, seconded by Councillor Henry Caunce, and subsequently RESOLVED (12:0) to grant planning permission subject to the following conditions:

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

Reason: The application is in retrospect and the building at present represents unacceptable development in the Green Belt contrary to Policy DC8A of the Adopted Chorley Borough Local Plan Review.

2. All external facing materials shall match in colour, form and texture those on the existing building.

Reason:  In the interests of the visual amenity of the area in general and the existing building in particular and in accordance with Policy Nos. GN5 and DC8A of the Adopted Chorley Borough Local Plan Review.

3. This consent relates only to the following plans:

Plan Ref.                   Received On:                     Title:

SA/03/06/256A       21 September 2007   Plan and Elevations

                                    21 September 2007            1:2500 Location Plan

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

Report of Corporate Director (Business) (enclosed)

The Committee received a report of the Corporate Director (Business) giving notification of the lodging of one appeal against the refusal of planning permission, one appeal that had been dismissed and one appeal that had been withdrawn.

RESOLVED – That the report be noted.

The Committee received for information, a table listing a number of planning applications for 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.

Table (enclosed)

RESOLVED – That the report be noted

Table (enclosed)

RESOLVED – That the report be noted

Schedule (enclosed)

The Committee received for information a schedule listing the remainder of the planning applications that had been determined by the Corporate Director (Business) under delegated powers between 26 September and 26 October 2007.

RESOLVED – That the schedule be noted.

The Corporate Director of Business informed the meeting that approval was sought for amendments to the Section 106 Agreement that had been completed on 19 June 2006 in respect of the development at Star Lane Horwich.  Approval was sought to amend the period specified in relation to a Mortgagers power of sale from 12 months as it currently stated in Clause 9.5.6 of the Fourth Schedule of the Agreement to a period of 18 weeks. Secondly, approval to relocate plots 5-9 inclusive of the affordable housing plots, which had the effect that they were located within that part of the development that came within the remit of Bolton Metropolitan Borough Council.

RESOLVED – That the Development Control Committee approve the Star Lane, Horwich variation to the Section 106 Legal Agreement