Agenda, decisions and minutes

The Chair advised the Committee that Claire Hallwood (Deputy Director of Legal Services) would be leaving the Authority shortly and was attending her last meeting of the Development Control Committee.

The Chair, Committee and Officers thanked Ms Hallwood for her work and support to the Committee and wished her all the best for the future.

Apologies for absence were received from Councillor Ball and Harold Heaton (Chair).

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 11 December 2007 (enclosed)

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 11 December 2007 be confirmed as a correct record for signing 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.

No declarations of interest were declared.

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 seven planning applications to be determined by the Committee.

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

Report of Corporate Director (Business) (enclosed)

Reserved Matters application granted subject to amended conditions

Application No:                  07/01226/REMMAJ

Proposal:                   Erection of 200 houses with associated roads, footpaths and works

Location:                    Baratt Parcel formerly Multipart Distribution Limited, Pilling Lane, Chorley

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Dennis Edgerley and subsequently RESOLVED to grant the reserved matters application subject to the receipt of the revised plans and 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 04/00934/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. 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.

3. 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 agreed in writing with the Local Planning Authority.   No construction materials, spoil, rubbish, vehicles or equipment shall be stored or tipped within the areas so fenced.  All excavations within the area so fenced shall be carried out by hand.

Reason: To safeguard the trees to be retained and in accordance with Policy Nos. EP9 of the Adopted Chorley Borough Local Plan Review.

4. The development hereby permitted shall not commence until samples of all external facing materials to the proposed buildings (notwithstanding any details shown on previously submitted plans 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.

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 previously submitted plans and specification) have been submitted to and approved in writing by  ...  view the full minutes text for item 5a

Report of Corporate Director (Business) (enclosed)

Reserved Matters application granted subject to amended conditions

Application No:                  07/01227/REMMAJ

Proposal:                               Construction of access road, public open space, children’s play area and associated landscaping

Location:                                Formerly Multipart Distribution Limited, Pilling Lane, Chorley

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Roy Lees and subsequently RESOLVED to grant the reserved matters application subject to receipt of the revised plans and 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 04/00934/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. 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 previously submitted plans and specification) 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 Nos. 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 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 existing soil levels around the base of the trees to be retained shall not be altered.

Reason: To safeguard the trees to be retained and in accordance with Policy Nos. EP9 of the Adopted Chorley Borough Local Plan Review.

5. 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 agreed in writing with the Local Planning Authority.   No construction materials, spoil, rubbish, vehicles or equipment shall be stored or tipped within the areas so fenced.  All excavations within the area so fenced shall be carried out by hand.

Reason: To safeguard the trees to be retained and in accordance with Policy Nos. EP9 of the  ...  view the full minutes text for item 5b

Report of Corporate Director (Business) (enclosed)

Reserved Matter application granted subject to amended conditions

(The Committee received representation from an objector the proposal)

Application No:                  07/01228/REMMAJ

Proposal:                   Erection of 200 houses, with associated roads, footpaths, and works

Location:                    Redrow Parcel, formerly Multipart Distribution Limited, Pilling Lane, Chorley

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Dennis Edgerley, and subsequently RESOLVED to grant the reserved matters application subject to receipt of the revised plans and 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 04/00934/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. The development hereby permitted shall only be carried out in conformity with the proposed ground and building slab levels shown on the approved plans or as may otherwise be agreed in writing with the Local Planning Authority before any development is first commenced.

Reason:  To protect the appearance of the locality and in the interests of the amenities of local residentsand 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 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. 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 agreed in writing with the Local Planning Authority.   No construction materials, spoil, rubbish, vehicles or equipment shall be stored or tipped within the areas so fenced.  All excavations within the area so fenced shall be carried out by hand.

Reason: To safeguard the trees to be retained and in accordance with Policy Nos. EP9 of the Adopted Chorley Borough Local Plan Review.

5. The development hereby permitted shall not commence until samples of all external facing materials to the proposed buildings (notwithstanding any details shown on previously submitted plans and specification) have been submitted to and approved in writing by the Local Planning  ...  view the full minutes text for item 5c

Report of the Corporate Director (Business) (enclosed)

Full planning permission granted subject to conditions.

Application No:                  07/01089/FULMAJ

Proposal:                   Replacement Poultry Cabin

Location:                    Hall O’th Hill, Chorley Road, Heath Charnock, Lancashire, PR6 9HX

Decision:

It was proposed by Councillor Dennis Edgerley, seconded by Councillor Adrian Lowe, and was subsequently RESOLVED 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 51 of the Planning and Compulsory Purchase Act 2004.

2. There shall be no discharge of foul or contaminated water from the site into either ground water or any surface waters, whether direct or via soakaways.Reason: To prevent pollution of the water environment and in accordance with Policy EP17 of the Adopted Chorley Borough Local Plan Review

3. The development hereby permitted shall not commence until full details of the colour, form and texture of all external facing materials to the proposed buildings (notwithstanding any details shown on the previously submitted plans 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 of the Adopted Chorley Borough Local Plan Review

Report of Corporate Director (Business) (enclosed)

Full planning permission granted subject to conditions

Application No:                  07/01197/FULMAJ

Proposal:                   Erection of sixty four-place prisoner block with ancillary soft tarmac multi court exercise area, extension to staff car park and provision of additional visitors car parking spaces.

Location:                    HM Prison Wymott, Moss Lane, Ulnes Walton, Lancashire PR26 8LX

Decision:

It was proposed by Councillor Dennis Edgerley, seconded by Councillor Roy Lees, and was subsequently RESOLVED 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 51 of the Planning and Compulsory Purchase Act 2004.

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 No. GN5 of the Adopted Chorley Borough Local Plan Review.

3. Prior to the first use of the new prisoner accommodation block and the car parking spaces hereby permitted, a Travel Plan, as defined by this permission, shall have been submitted to and approved in writing by the Local Planning Authority (in consultation with Lancashire County Council).  

The Travel Plan shall provide details of the following: -

(a)       A summary of the prisons particular transport and road safety issues;

(b)       Evidence and results of consultation with staff and visitors and other interested parties;

(c)       Targets and measures to minimize the impact of and a reduction in private car use for the journey to and from the prison by staff and visitors;

(d)       A summary of the prisons current road safety policies and practices and, details of any new and proposed initiatives including a planned timetable of introduction and;

(e)       Proposals for monitoring the progress of the Travel Plan including a timetable for its implementation and review.

The Travel Plan shall be implemented within the timescales set out in the approved Travel Plan document and shall be audited and updated, the details of which shall then be submitted for written approval to the Local Planning Authority (in consultation with Lancashire County Council) at intervals not greater than 18 months after the date of the written approval of the initial Travel Plan document referred to above and prior to the 18 month anniversary of this date thereafter. A Travel Plan is a document setting out a package of measures for reducing the number of car trips made to the development and the promotion of alternative methods of travel.

Reason: To ensure the safe operation of the car parks, to reduce dependence of private car journeys to and from the prison by staff and visitors, in the interests of road safety and in accordance with Policy No. TR4 of  ...  view the full minutes text for item 5e

Report of Corporate Director (Business) (enclosed)

Full planning permission granted subject to conditions

Application No:                  07/01320/REM

Proposal:                   Construction of Community Hall, associated car parking, service roads and surrounding Public Open Space.

Location:                    Land 130m East of 20, Darwen Fold Close, Buckshaw Village, Lancashire.

Decision:

It was proposed by Councillor Dennis Edgerley, seconded by Councillor Adrian Lowe and was subsequently RESOLVED 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 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 building (notwithstanding any details shown on previously submitted plans 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 of the Adopted Chorley Borough Local Plan Review.

3. Prior to the commencement of the development full details of the proposed play area shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the proposed layout and type and specification of equipment proposed. The development thereafter shall be carried out in accordance with the approved details. The implementation of the play area shall commence at the same time as the development as a whole and shall be completed prior to the occupation of the community centre.

Reason: In the interests of the visual amenities of the site and in accordance with Policy GN5 of the Adopted Chorley Borough Local Plan Review

4. 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

Report of Corporate Director (Business) (enclosed)

Regulation 3 Application granted subject to condition

Application No:                  07/01347/CB3

Proposal:                   Erection of 8 metre galvanised column for hosting CCTV Camera

Location:                    Land 7m South of 67, Brown Street, Chorley

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Eric Bell, and was subsequently RESOLVED to grant the Regulation 3 application subject to the following condition:

The proposed development must be begun no 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.

Report of Corporate Director (Business) (enclosed)

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

The Committee also received notification of one enforcement appeal that had been allowed and three appeals that had been allowed by Lancashire County Council.

RESOLVED – That the report be noted.

Report of Corporate Director (Business) (enclosed)

The Corporate Director (Business) submitted a report seeking the Committees instructions has to whether to confirm the Tree Preservation Order No.2 (Whittle-Le-Woods) 2007.

An outline planning application had been received for a single dwelling in the grounds of Mount Villa. Although Chorley Rural District Council had made a Tree Preservation Order in 1972, the status of the order had been in doubt, and in light of significant changes that had taken place since, it was considered expedient to place a new Tree Preservation Order on the trees.

A Tree Preservation Order was then placed on a group of nine trees located within the grounds of Mount Villa, 228, Whittle-Le-Woods, Chorley.

One letter of objection had been received from the owners of Mount Villa on the grounds that Tree nine (a Sycamore) should not be protected due to maintenance requirements and the perceived lower intrinsic value of this species. The occupants had also objected to the Order place on four Sweet Chestnut trees (Tree four, Tree five, Tree seven and Tree eight) due to the danger posed by falling fruit.

The objection to the protection of the Sycamore (T9) was noted. As this tree sat within the middle of the group rather than the edge it was considered that the felling of this tree would not have a detrimental impact on the visual amenity of the area. However it was considered that the Sweet Chestnut trees were of a sufficient distance from the property to warrant their continued protection.

RESOLVED – That the Tree Preservation Order No 2 (Whittle-Le-Woods) 2007 be confirmed subject to the one modification, that the following tree T9 (Sycamore) be removed from the Order.

The Committee received, for information, tables listing 15 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 11 and 19 December 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 27 November and 18 December 2007.

RESOLVED – That the schedule be noted.

Addendum (circulated at the meeting)