Agenda, decisions and minutes

Councillor Greg Morgan introduced himself and Councillor Geoff Russell as the new Chair and Vice-Chair of the Committee and welcomed everyone to the first Development Control Committee meeting of the 2008/09 municipal year.

Apologies for absence were received from Councillor June Molyneaux

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, Councillor Mick Muncaster declared a Personal interest in relation to Planning Application 08/00203/FULMAJ (Minute 08.DC.48(b)).

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 29 April 2008 (enclosed)

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 29 April 2008 be confirmed as a correct record for signature by the Chair.

A table of planning applications to be determined is enclosed.

Please note that copies of the location plans are included on 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://planning.chorley.gov.uk

The Corporate Director (Business) submitted reports on five applications for planning permission 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)

Planning permission granted subject to amended conditions and a Legal Agreement

(The Committee received representations from an objector to the proposals)

(The ward representative, Councillor Hasina Khan also addressed the Committee and spoke against the proposals)

Planning Application                 07/01426/FULMAJ

Proposal:                   Erection of 149 residential dwellings including landscaping and access of Froom Street.

Location:                    Talbot Mill, Froom Street, Chorley

Decision:

It was proposed by Councillor Terry Brown, seconded by Councillor Julia Berry to defer the decision to allow the Members of the Committee to visit the site of the proposed development.

An amendment to the motion was proposed by Councillor Harold Heaton, seconded by Councillor Roy Lees, and was subsequently RESOLVED (8:7) 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. 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.

3. 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.

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  ...  view the full minutes text for item 48a

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to additional conditions and a Legal Agreement

(The Committee received representations from an objector to the proposals)

Application no:                   08/00203/FULMAJ

Proposal:       Erection of 24 no. two storey dwellings including demolition of existing residential property

Location:        605, Preston Road, Clayton-Le-Woods, Chorley PR6 7EB

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Shaun Smith, and was subsequently RESOLVED (11:3) 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. 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 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. 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 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 the appearance of the locality and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

5. The development hereby permitted shall not commence until the applicant ahs submitted to and had approved in writing by the Local Planning Authority a report to identify any potential sources of contamination on the site and where appropriate, necessary remediation measures.  The report should include an initial desk study, site walkover and risk assessment and if the initial study identifies the potential for contamination to exist on the site, the scope of a further study must be agreed in  ...  view the full minutes text for item 48b

Report of Corporate Director (Business) (enclosed)

Full Council recommended to grant planning permission with additional conditions.

(The Committee received representation from an objector and a supporter to the proposals)

(The ward representative Councillor Ralph Snape also addressed the Committee and spoke against the proposals)

Planning Application:                08/00143/CB3

Proposal:       Installation of pets corner with animal accommodation and adventure play area.

Location:        Astley Park, Park Road, Chorley

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Adrian Lowe, and subsequently RESOLVED (8:7) with the Chair using his casting vote in support of the motion, to recommend Full Council to grant planning permission of the application subject to the conditions and that an extra condition to be placed to deal with the security of the building and materials of construction.

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to conditions and a Legal Agreement

Planning application:                08/00111/FULMAJ

Proposal:       Proposed 3 and 4-storey redevelopment of site comprising of offices, retail and veterinary use at ground floor with flats above following demolition of existing public house and café.

Location:        The Eagle and Child Hotel, 20 Pall Mall, Chorley, Lancashire PR7 2LA

Decision:

It was proposed by Councillor Ken Ball, seconded by Councillor David Dickinson, and was subsequently RESOLVED (16:0) 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. Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences and/or walls to be erected to the site boundaries (notwithstanding any such detail shown on the approved plans) shall have been submitted to and approved in writing by the Local Planning Authority. The building shall not be occupied before all walls and fences have been erected in accordance with the approved details. Fences and/or walls shall thereafter be retained in accordance with the approved details at all times.

Reason: To ensure a visually satisfactory form of development, to protect the amenities of occupiers of nearby property and in accordance with Policy No. 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 Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

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

5. Prior to the commencement of the development hereby permitted, full plans and particulars (notwithstanding any details shown on the approved plans) of the ground floor unit frontages shall have been submitted to and approved in writing by the Local Planning Authority. The submitted plans and particulars shall include detailed elevations and floorplans of the final design of the ground floor unit frontages including details of the proposed fenestration layout and distribution, the type of glazing to be  ...  view the full minutes text for item 48d

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to conditions

Application No:                  08/00430/FUL

Proposal:       Conversion of garage to study and provision of additional hard surfaced car parking space to front of property

Location:        8 Bracken Close, Chorley PR6 0EJ

Decision:

It was proposed by Councillor Terry Brown, seconded by Councillor Adrian Lowe, and was subsequently RESOLVED (17:0) 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 51 of the Planning and Compulsory Purchase Act 2004.

2. Prior to the commencement of the garage conversion works hereby permitted, the additional hardstanding area detailed on the approved site plan shall have been hard surfaced in block paviours to match the existing driveway and made available for use, unless the details of an alternative hard ground surfacing material have first been submitted to and agreed in writing by the Local Planning Authority. The additional car parking space shall be retained at all times thereafter and only used for the parking of a vehicle.

Reason:  To ensure adequate on site provision of car parking and in accordance with Policy No. 7 of the Joint Lancashire Structure Plan.

3. All external facing materials utilised to infill the existing garage opening shall match in colour, form and texture those on the existing dwelling.

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 HS9 of the Adopted Chorley Borough Local Plan Review.

4. Prior to the commencement of the garage conversion works hereby permitted, the additional car parking area detailed on the approved site plan shall have been hard surfaced and made available for use. The additional car parking space shall be retained at all times thereafter and only used for the parking of a vehicle.

Reason: To ensure adequate on site provision of car parking and in accordance with Policy No. 7 of the Joint Lancashire Structure Plan.

Report of Corporate Director (Business) (enclosed)

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

RESOLVED – That the report be noted.

Tables of decisions determined on 29 April and 14 May 2008 (enclosed)

The Committee received, for information, tables listing nineteen 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 29 April and 14 May 2008.

RESOLVED – That the reports be noted.

Schedule of applications (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 17 April and 15 May 2008.

RESOLVED – That the report be noted.

Report of Corporate Director (Business) circulated at the meeting