Agenda, decisions and minutes

Apologies for absence were submitted on behalf of Councillors Ken Ball and Daniel Gee.

The Chair advised the Committee that Councillor Ken Ball had recently been taken into hospital and the Members asked that their best wishes for a speedy recovery be conveyed to Councillor Ball.

The Chair advised the Committee that Councillor Ken Ball had recently been taken into hospital and the Members asked that their best wishes for a speedy recovery be conveyed to Councillor Ball.

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 13 November 2007 (enclosed)

RESOLVED – that the minutes of the meeting of the Development Control Committee held on 13 November 2007 be confirmed as a correct record for signature by the Chair.

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.

In accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and the Members’ Code of Conduct, the following Members declared a prejudicial interest in relation to the planning applications and agenda item listed below:

Chair (Councillor Harold Heaton)            Enforcement Item – Stables on land opposite Tan House Farm, Charnock Richard (Minute 07.DC.133)

Councillor Pat Haughton            Planning Application 07/01140/FULMAJ

Councillor Ralph Snape            Planning Application 07/01140/FULMAJ

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 two 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 recorded below.

Report of the Corporate Director (Business) (enclosed)

Full conditional planning permission granted

(The Committee received representations from a supporter of the proposal, a representative of the applicant and the Ward representative (Councillor Doreen Dickinson)).

Application No:                        07/01055/FULMAJ

Proposal:Proposed construction of a new access road and car parking area and development of grazing agricultural land into a playing field.

Location:Bishop Rawstorne C of E International Language College, Out Lane, Croston.

Decision:

It was proposed by Councillor Eric Bell, seconded by Councillor Adrian Lowe and subsequently RESOLVED (15:0) to grant 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 51 of the Planning and Compulsory Purchase Act 2004.

2.  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 hand landscaped; and detail any changes of ground level or landform.  The scheme shall also include full details of the planting of the buffer strips to enhance biodiversity and a scheme for the subsequent management thereafter.

Reason:  In the interests of the amenity of the area and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

3.  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 plans 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 planning 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 marking out of the additional playing field area hereby permitted shall only be carried out in accordance with a scheme which has first been submitted to and approved in writing by the Local Planning Authority and all subsequent changes to the marking out of the field must also first be detailed on a plan and approved in writing by the Local Planning Authority before being changed.

Reason:  In the interest of the amenities of nearby residents and in accordance with Policy No GN5 of the Chorley Borough Local Plan Review.

5.  Prior to the commencement of development, details of the proposed surface water drainage arrangements for the new playing field shall be submitted to and  ...  view the full minutes text for item 132a

Report of Corporate Director (Business)

Planning permission granted subject to a Legal Agreement

(Councillors Pat Haughton and Ralph Snape each declared a prejudicial interest in the application and left the meeting during the discussion and voting on the proposal)

(The Committee received representations from the applicant).

Application No:                        07/01140/FULMAJ

Proposal:Proposed construction of 16 apartments and dwellings

Location:Land formerly DTC Cars, Westminster Road, Chorley

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Eric Bell, and subsequently RESOLVED (12:1) to grant planning permission, subject to (i) the prior completion of a Section 106 legal agreement to secure the making up of the highway in front of the development to an adopted standard; (ii) the deposit of a commuted sum to be used for the improvement of car parking facilities either at West Street or other identified location closer to the application site; and (iii) 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 51 of the Planning and Compulsory Purchase Act 2004.

2.  The development hereby permitted shall not commence until samples of all external facing materials to the proposed buildings (notwithstanding any details shown on the previous submitted plans and specifications) 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 HS4 of the Adopted Chorley Borough Local Plan Review.

3.  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 Nos HS4 of the Adopted Chorley Borough Local Plan Review.

4.  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 appearance of the locality and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

5.  Surface water must drain separate from  ...  view the full minutes text for item 132b

Report of Corporate Director (Business) (enclosed)

Issue enforcement notice

(The Chair (Councillor Harold Heaton) declared a prejudicial interest in the agenda item and left the meeting during the consideration and voting on the item.  The Vice-Chair (Councillor David Dickinson) assumed the Chair during consideration of the item).

The Committee considered a report of the Corporate Director (Business) on the expediency of instigating enforcement action to secure the demolition of one of the stable blocks constructed on land opposite Tan House Farm, on the south side of Delph Lane, Charnock Richard.

The report recommended enforcement proceedings to secure the removal of a second stable block to accommodate a further 4 horses which had been erected on green belt land in contravention of the approved plans for the construction of a stable block and sand paddock on the site.

RESOLVED – (1) that it is expedient to instigate enforcement proceedings in respect of the breach of planning control entailing the erection, without planning permission, of a second stable block on land on the south side of Delph Lane, Charnock Richard.

(2)  That an Enforcement Notice be issued in the following terms:

Remedy for Breach:

(i)  Demolish the stable block erected on the land.

(ii) Remove from the land all material resultant from the above works.

Period for Compliance:

Three months.

Reason for issue of Enforcement Notice:

The stable block erected by virtue of its scale is contrary to the provisions of criteria (a) and (d) of Policy EP8 of the Adopted Chorley Borough Local Plan Review and Adopted Supplementary Planning Guidance ‘Development involving Horses’.

Report of Corporate Director (Business) (enclosed)

The Committee received a report of the Corporate Director (Business) giving notification of the lodging of an appeal against the proposed felling of a protected tree; the dismissal of a planning appeal;  the allowance of three appeals against the refusal of planning permission; the allowance of an appeal against the service of an Enforcement Notice; and a planning permission granted by the Lancashire County Council.

RESOLVED – That the report be noted.

The Committee received, for information, tables listing 24 planning applications for Category ‘B’ development proposals which had, or were intended to be, determined by the Corporate Director (Business) under the adopted scheme of delegations, following consultation with the Chair and Vice-Chair of the Committee at meetings held on 13 and 28 November 2007.

RESOLVED – That the reports 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 29 October and 26 November 2007.

RESOLVED – That the schedule be noted.

Addendum (circulated at the meeting)