Agenda, decisions and minutes

Apologies were received from Councillors Ken Ball and Henry Caunce

To confirm as a correct record the minutes for the meeting of the Development Control Committee held on 8 January 2008 (enclosed)

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 8 January 2008 be held 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.

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

Councillor Alan Cain                   Planning application 07/01332/FULMAJ

Councillor Dennis Edgerley            Planning application 07/01332/FULMAJ

The following Member declared a personal interest and remained in the room whilst the item was discussed, but took no part in the voting on the motion for the agenda item listed below:

Councillor Pat Haughton             Planning application 07/00568/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 http://www.chorley.gov.uk/planning

The Corporate Director (Business), submitted reports on five 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 Corporate Director (Business) (enclosed)

Full planning permission granted subject to conditions.

(Councillors Alan Cain and Dennis Edgerley 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 an objector to the proposal and a representative of the applicant)

Application no:                   07/01332/FULMAJ

Proposal:                   Erection of 24 no dwellings

Location:                    Parcel 9, Land 106m East of 74, Keepers Wood Way, Chorley

Decision:

It was proposed by Councillor Eric Bell, seconded by Councillor Danny Gee, and was subsequently RESOLVED (14:1) 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. Before the development hereby permitted is first commenced, full details of the measures to be incorporated into the development to prevent the ingress of landfill gas shall be submitted to and approved in writing by the Local Planning Authority.  The development hereby permitted shall only be constructed in accordance with the approved scheme of landfill gas ingress prevention measures.

Reason:  To protect occupiers from the ingress of landfill gas and in accordance with Government advice contained in PPS23: Planning and Pollution Control

3. No development shall take place until a scheme for the provision and implementation of a surface water regulation has been submitted to and approved in writing by the Local Planning Authority.  No part of the development shall be occupied until the scheme has been implemented in accordance with the approved plans

Reason: To secure proper drainage and to prevent flooding and in accordance with Government advice contained in PPS25 Development and Flood Risk

4. No development shall take place within 10 metres of the gas vent stacks to the north of the application site.

Reason: In the interests of safety and in accordance with Government advice contained in PPS23: Planning and Pollution Control

5. 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 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.

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 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,  ...  view the full minutes text for item 13a

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to conditions and a Legal Agreement

Application no:                   07/01384/FUL

Proposal:       Conversion of former Methodist Chapel building to residential property

Location:        Hoghton Methodist Chapel. Chapel Lane, Hoghton, Preston

Decision:

It was proposed by Councillor Ralph Snape, seconded by Councillor Mike Devaney, and subsequently RESOLVED (15:0) to grant planning permission subject to a Legal Agreement and 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. Notwithstanding the details already submitted, this consent relates to the use of 'flush' fitting roof lights, only in accordance with details to be first submitted to and approved in writing by the Local Planning Authority.  The details shall include the model/make, exact dimensions and the fixing detail (including a cross section) of the roof light(s) to be used.

Reason : To protect the character and appearance of the buildingand in accordance with Policy No. HT2 of the Adopted Chorley Borough Local Plan Review.

3. Before occupation of the dwelling hereby permitted, the amenity area, as shown on the approved plan stamp dated 28^th January 2008, shall have been created and delineated from the rest of the graveyard and thereafter remain freely available for use by the occupants of the Chapel as converted.

Reason: To provide the occupiers with reasonable amenity space for the storage of bins.

4. Before occupation of the dwelling hereby permitted, the bin store, as detailed on the approved plans (the plans and elevations dated 28^th January 2008), shall have been constructed and thereafter remain freely available for bin storage.

Reason: To protect the setting of the listed building and in accordance with policy HT3 of the adopted Chorley Borough Local Plan.

5. The window in the first floor of the building's west elevation serving the en-suite bathroom to bedroom 2, as shown on drawing no. P.458.A/02, shall be fitted with obscure glass and obscure glazing shall be retained at all times thereafter.

Reason:  In the interests of the privacy of occupiers of neighbouring property and in accordance with Policy No. GN5 of the Adopted Chorley Borough Local Plan Review.

6. Before the development commences, full details of the treatment of all the proposed windows and doors shall have been submitted to and been approved in writing by the Local Planning Authority.  The submitted details shall include the proposed method of construction, the materials to be used, fixing details (including cross sections) and their external finish including any surrounds, cills or lintels.

Reason : In the interests of the character and appearance of the building and in accordance with Policy No. HT2 of the Adopted Chorley Borough Local Plan Review.

7. Unless otherwise agree in writing, no works shall take place until the applicant, or their agent or successors in title, have secured the implementation of a programme of building recording and analysis, which should a photographic record of any internal features that are to be removed in  ...  view the full minutes text for item 13b

Report of Corporate Director (Business) (enclosed)

Grant Listed Building Consent subject to conditions.

Application no:                   07/01385/LBC

Proposal:                               Listed Building Consent for the conversion of former Methodist Chapel building to residential property

Location:                                Hoghton Methodist Chapel, Chapel Lane, Hoghton, Preston

Decision:

It was proposed by Councillor Ralph Snape, seconded by Councillor Mike Devaney, and subsequently RESOLVED (15:0) to grant the Listed Building Consent 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. Notwithstanding the details already submitted, this consent relates to the use of 'flush' fitting roof lights, only in accordance with details to be first submitted to and approved in writing by the Local Planning Authority.  The details shall include the model/make, exact dimensions and the fixing detail (including a cross section) of the roof light(s) to be used.

Reason : To protect the character and appearance of the buildingand in accordance with Policy No. HT2 of the Adopted Chorley Borough Local Plan Review.

3. Before occupation of the dwelling hereby permitted, the amenity area as shown on the approved plan stamp dated 28^th January 2008 shall have been created and delineated from the rest of the graveyard and thereafter remain freely available for use by the occupants of the Chapel as converted.

Reason: To provide the occupiers with reasonable amenity space for the storage of bins.

4. Before occupation of the dwelling hereby permitted, the bin store, as detailed on the approved plans (plans and elevations stamp dated 28^th January 2008), shall have been constructed and thereafter remain freely available for bin storage.

Reason: To protect the setting of the listed building and in accordance with policy HT3 of the adopted Chorley Borough Local Plan.

5. The window in the first floor of the building's west elevation serving the en-suite bathroom to bedroom 2, as shown on drawing no. P.458.A/02, shall be fitted with obscure glass and obscure glazing shall be retained at all times thereafter.

Reason:  In the interests of the privacy of occupiers of neighbouring property and in accordance with Policy No. GN5 of the Adopted Chorley Borough Local Plan Review.

6. Before the development commences, full details of the treatment of all the proposed windows and doors shall have been submitted to and been approved in writing by the Local Planning Authority.  The submitted details shall include the proposed method of construction, the materials to be used, fixing details (including cross sections) and their external finish including any surrounds, cills or lintels.

Reason : In the interests of the character and appearance of the building and in accordance with Policy No. HT2 of the Adopted Chorley Borough Local Plan Review.

7. Unless otherwise agree in writing, no works shall take place until the applicant, or their agent or successors in title, have secured the implementation of a programme of building recording and analysis, which should a photographic record of any internal features that are to  ...  view the full minutes text for item 13c

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to conditions and a Legal Agreement

Application no:                   07/01386/FUL

Proposal:                   Conversion of former Sunday school building to residential property

Location:                    Sunday school, Hoghton Methodist Chapel, Chapel Lane, Hoghton

Decision:

It was proposed by Councillor Ralph Snape, seconded by Councillor Eric Bell, and subsequently RESOLVED (15:0) to grant planning permission subject to a Legal Agreement and 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. Notwithstanding the details already submitted, this consent relates to the use of 'flush' fitting roof lights, only in accordance with details to be first submitted to and approved in writing by the Local Planning Authority.  The details shall include the model/make, exact dimensions and the fixing detail (including a cross section) of the roof light(s) to be used.

Reason : To protect the character and appearance of the buildingand in accordance with Policy No. HT2 of the Adopted Chorley Borough Local Plan Review.

3. Before the occupation of the dwelling hereby permitted, the amenity area as shown on the approved plan stamp dated 28^th January 2008, shall have been created and delineated form the rest of the graveyard and thereafter remain freely available for use by the occupants of the Sunday School as converted.

Reason: To provide the occupiers with reasonable amenity space for the storage of bins.

4. Before occupation of the dwelling hereby permitted, the bin store, as detailed on the approved plans (the plans and elevations dated 28^th January 2008), shall have been constructed and thereafter remain freely available for bin storage.

Reason: To protect the setting of the listed building and in accordance with policy HT3 of the adopted Chorley Borough Local Plan Review.

5.  All windows in the first floor of the building's east elevation serving the hall/landing and en-suite bathroom as shown on drawing no. P.458.A/11 shall be fitted with non-opening windows with obscure glass, and non-opening obscure glazing shall be retained at all times thereafter.

Reason:  In the interests of the privacy of occupiers of neighbouring property and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

6. The rooflights in the rear (east) roof slope of the Sunday School as shown on drawing no. P.458.A/11 shall be fixed non-opening rooflights and shall be retained as such at all times thereafter.

Reason:  In the interests of the privacy of occupiers of neighbouring property and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

7. Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order, with or without modification), no windows other than those expressly authorised by this permission, or as subsequently agreed in writing with the local planning authority, shall in inserted or constructed at any time in the dwelling hereby permitted.

Reason: To protect the amenities and privacy of the  ...  view the full minutes text for item 13d

Report of Corporate Director (Business) (enclosed)

Grant Listed Building Consent subject to conditions

Application no:                   07/01387/LBC

Proposal:                   Listed Building Consent for the conversion of former Sunday school building to residential property

Location:                    Sunday school, Hoghton Methodist Chapel, Chapel Lane, Hoghton

Decision:

It was proposed by Councillor Ralph Snape, seconded by Councillor Eric Bell, and was subsequently RESOLVED (15:0) to grant the Listed Building Consent 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. Notwithstanding the details already submitted, this consent relates to the use of 'flush' fitting roof lights, only in accordance with details to be first submitted to and approved in writing by the Local Planning Authority.  The details shall include the model/make, exact dimensions and the fixing detail (including a cross section) of the roof light(s) to be used.

Reason : To protect the character and appearance of the buildingand in accordance with Policy No. HT2 of the Adopted Chorley Borough Local Plan Review.

3. Before the occupation of the dwelling hereby permitted, the amenity area, as shown on the approved plan stamp dated 28^th January 2008, shall have been created and delineated form the rest of the graveyard and thereafter remain freely available for use by the occupants of the Sunday School as converted.

Reason: To provide the occupiers with reasonable amenity space for the storage of bins.

4. Before occupation of the dwelling hereby permitted, the bin store, as detailed on the approved plans (the plans and elevations dated 28^th January 2008), shall have been constructed and thereafter remain freely available for bin storage.

Reason: To protect the setting of the listed building and in accordance with policy HT3 of the adopted Chorley Borough Local Plan Review.

5. All windows in the first floor of the building's east elevation serving the hall/landing and en-suite bathroom as shown on drawing no. P.458.A/11 shall be fitted with non-opening windows with obscure glass, and non-opening obscure glazing shall be retained at all times thereafter.

Reason:  In the interests of the privacy of occupiers of neighbouring property and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

6. The rooflights in the rear (east) roof slope of the Sunday School as shown on drawing no. P.458.A/11 shall be fixed non-opening rooflights and shall be retained as such at all times thereafter.

Reason:  In the interests of the privacy of occupiers of neighbouring property and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

7. Before the development commences, full details of the treatment of all the proposed windows and doors shall have been submitted to and been approved in writing by the Local Planning Authority.  The submitted details shall include the proposed method of construction, the materials to be used, fixing details (including cross sections) and their external finish including any surrounds, cills or lintels.

Reason : In the  ...  view the full minutes text for item 13e

Report of Corporate Director (Business), with attached Supplementary Planning Document (enclosed).

The Corporate Director (Business) submitted a report informing Members about the responses that had been received in relation to the public consultation carried out on the further draft Householder Design Guidance Supplementary Planning Document (SPD) and sought endorsement of the recommendation to adopt the document.

The community involvement consultation had resulted in some comments that had been helpful and had prompted improvements to the document. It was anticipated that the guidelines would help to improve the quality of the build environment across the District by encouraging good design and by improving a clear basis for negotiation and consistent decision making.

It was proposed by Councillor Dennis Edgerley, seconded by Councillor A Lowe, and was subsequently RESOLVED to recommend that the Executive Cabinet endorse the adoption of the Householder Design Guidance Supplementary Planning Document with any minor textural amendments being delegated to the Corporate Director (Business).

Report of Corporate Director (Business) (enclosed)

The Committee received a report of the Corporate Director (Business) giving the notification of one enforcement appeal that had been lodged and one appeal that had been allowed by Lancashire County Council.

RESOLVED – That the report be noted.

The Committee received for information, tables listing 12 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                                                                                                                                                                                8 and 23 January 2008

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 19 December 2007 and 21 January 2008.

RESOLVED – That the schedule be noted.

Corporate Director (Business) – Advice note (enclosed)

The Chair accepted as urgent, consideration of this item, not included on the agenda to provide Members of the Committee with information on the Interim Planning Statement – Housing Development in Garden Curtilages before the next meeting of the Committee.

The Corporate Director (Business) had submitted a note that outlined to the Members the key national and local planning policies that are used by the Council when assessing applications for new residential development in gardens in the Borough.

RESOLVED – That the report be noted.

Report of Corporate Director (Business) (enclosed)

The Chair accepted as urgent, consideration of this item, not included on the agenda in order to consider the removal of a reason for refusal being removed against planning application 07/00568/FULMAJ in advance of a possible appeal

(Councillor Pat Haughton declared a personal interest in the following application; she stayed in the meeting but took no part in the discussion or voted on the proposal)

The Corporate Director (Business) submitted a report to update Members in relation to information that had been provided following the refusal of planning permission of application 07/00568/FULMAJ – Erection of 3 wind turbines at Cliffs Farm, Wood Lane, Mawdesley, and to determine the Council’s position in relation to any appeal that may be submitted.

The planning permission had been refused for the three wind turbines at Cliff’s Farm at the Development Control Committee held on 11 September 2007.

The two reasons for refusal related to:

1)     inappropriate development in the Green Belt and

2)     insufficient information submitted to enable the planning authority to assess the impact of the development in terms of noise.

The applicant had since submitted further information in respect of the noise impact (background noise monitoring data) which had been assessed by the Council’s Environmental Health Services Section who had been satisfied that the additional information addressed the Councils concerns in respect of noise generation.

It was proposed by Councillor Adrian Lowe, seconded by Councillor Roy Lees, and was subsequently RESOLVED to remove the second reason for refusal for insufficient information submitted to enable the planning authority to assess the impact of the development in terms of noise.

Addendum (circulated at the meeting)