Agenda, decisions and minutes

Apologies for absence were received from Councillors Greg Morgan (Chair), Alan Cain and Keith Iddon.

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 personal interest in relation to the planning applications listed below:

Councillor Simon Moulton            - planning application 08/00320/OUTMAJ

Councillor Mick Muncaster – planning application 08/00433/FULMAJ

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 27 May 2008 (enclosed).

RESOLVED – That the minutes of the Development Control Committee meeting held on 27 May 2008 be confirmed as a correct record for signing by the Chair.

A table of the planning applications to be determined is 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 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:

Supplementary report of Corporate Director (Business) enclosed.

Outline planning permission granted subject to a Legal agreement

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

(The ward representative, Councillor Doreen Dickinson also addressed the Committee and spoke against the proposals)

Application no:                   08/00320/OUTMAJ

Proposal:                   Outline planning permission for the residential redevelopment of the site comprising of 45 dwellings (comprising a mix of apartments in 3-storey block, 2, 2.5 and 3 storey dwelling houses), and means of access into the site.

Location:                    Croston Timber Works Goods Yard, Station Road, Croston, Leyland

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Shaun Smith, and was subsequently RESOLVED (11:2) to grant outline planning permission subject to a legal agreement and the following conditions:

1.                  Prior to the commencement of the development hereby permitted, full details of how all dwellings/apartments will be constructed to comply with Level 3 of the Sustainable Code for Homes shall have been submitted to and approved in writing by the Local Planning Authority, unless it can be demonstrated that the achievement of this is not actually possible. The development shall only be carried out in accordance with the approved details thereafter.

Reason: To ensure the properties are energy efficient and in accordance with Policy No. EP22 of the Chorley Borough Local Plan Review.

2. The development hereby permitted shall not commence until a Construction Methodology has been submitted to and approved in writing by the Local Planning Authority in liaison with Network Rail. The construction Methodology address all the issues raised in the comments from Network Rail dated 30 April 2008 appended to this decision notice.

Reason: To ensure the safety, operational needs and integrity of the railway.

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 prior to substantial completion of the development.

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

4. The application for approval of the 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 previously submitted plans and where slab levels of the proposed dwellings directly adjacent to Langdale Avenue are to be 0.5m or more above that of existing housing, the spacing guidelines within Appendix 2 of the Council’s “Guidelines for new housing developments” should be increased by 1m for every 0.25 difference in slab level. 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 amenities of  ...  view the full minutes text for item 55a

Report of Corporate Director (Business) (enclosed).

Planning permission granted subject to a Legal Agreement.

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

Application No:                  08/00203/FULMAJ

Proposal:                   Erection of 25 residential properties, access alteration and provision of existing residents parking.

Location:                    Land to rear of 243 – 289, Preston Road, Clayton-Le-Woods

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Harold Heaton, and was subsequently RESOLVED (10:3) 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. 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.

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 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 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 the Local Planning Authority.  The development shall only be carried out in conformity with the approved details.

Reason:  To ensure a satisfactory form  ...  view the full minutes text for item 55b

Report of Corporate Director (Business) (enclosed).

Planning permission granted.

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

(The applicant’s agent also addressed the Committee speaking in favour of the proposals)

Application no:                   08/00421/FUL

Proposal:                   Erection of Tennis Court in garden.

Location:                    The Old Rectory, High Street, Mawdesley, Ormskirk

Decision:

It was proposed by Councillor David Dickinson, seconded by Councillor Terry Brown, to defer the decision to allow the Members of the Development Control Committee to visit the site of the proposed development.

An amendment to the motion was proposed by Councillor Adrian Lowe, seconded by Councillor Harold Heaton, and was subsequently RESOLVED (8:5) 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 development hereby permitted is commenced, details of the colour of the proposed mesh enclosure and all weather surface to the tennis court shall have been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of the amenity of the area and in accordance with PolicyGN5 and DC1 of the Adopted Chorley Local Plan Review.

3. There shall be no illumination of the tennis court at any time.

Reason: The site is in the Green Belt and therefore in the interests of safeguarding visual amenity on this site viewed against the background of open countryside and in accordance with PPG2 and policy DC1.

Report of Corporate Director (Business) (enclosed).

Permission granted after referral to Government Office North West.

Application no:                   08/00475/LBC

Proposal:                   Listed Building Consent for removal of the ‘Flying Arches’ on Chorley – Preston Railway Line, in order to facilitate essential engineering works.

Location:                    The Flying Arches, Chorley – Preston Railway Line, East of Euxton Lane, Euxton, Lancashire.

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Harold Heaton, and was subsequently RESOLVED to grant planning permission after referral to the Government Office North West (GONW) 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 works shall take place on the site until the applicant, or their agent or successors in title, has secured the making of a photographic record of the building. This must be carried out by a professionally qualified, archaeological/building recording consultant or organisation in accordance with a written scheme of investigation which shall first have been submitted to and agreed in writing by the Local Planning Authority. Upon completion the photographic record of the building shall be submitted to the Local Planning Authority.

Reason: To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the building/site and in accordance with PPG15.

3. No works shall take place on the site until the applicant, or their agent or successors in title, has secured the making of a full record and catalogue of all pieces of masonry from all of the 16 original arches. This must be carried out by a professionally qualified archaeological/building recording consultant or organisation in accordance with a written scheme of investigation which shall first have been submitted to and approved in writing by the Local Planning Authority. Upon completion of the programme of recording and analysis it shall be submitted to the Local Planning authority.

Reason: To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the building/site; in the event of collapse the arches can be exactly reconstructed using the original materials in their original, relative positions and in accordance with PPG15.

4. In respect of the removal of the flying arches the local planning authority shall be given 14 days notice of the intention to carry out the works and an officer of the council shall be allowed access to the site to enable to take photographs of any fabric of historical interest before it is removed in continuance of the wok or which consent has been given.

Reason: To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the building/site and in accordance with PPG15.

5. No development shall take place until English Heritage (Architectural Investigation Section) have been given at least one months notice of commencement of the works. Enclosed is form Stat(E) which you as an applicant (or agent) must complete and send to the address given. Free access to the development site, at  ...  view the full minutes text for item 55d

Report of Corporate Director (Business) (enclosed).

Recommending Full Council to grant planning permission.

Application no:                   08/00219/CB3

Proposal:                   Alterations to Market Hall entrance and roof.

Location:                    Covered Market, Market Place, Chorley

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor June Molyneaux, and was subsequently RESOLVED to recommend full Council 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. Notwithstanding the submitted plans, no development shall commence until details of the proposed signs on the canopies have been submitted to and agreed in writing by the Local Planning Authority and thereafter constructed in conformity with the approved details.

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

Report of Corporate Director (Business) (enclosed).

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

Members were also informed of two planning permissions that had been granted by the Planning Inspectorate, in particular to the decision on the 54, Lancaster Lane, Clayton-Le-Woods application that was appending the addendum circulated at the meeting.

RESOLVED – That the report be noted.

Tables of decisions determined on 27 May and 11 June 2008 enclosed.

The Committee received, for information, tables listing sixteen applications for Catergory ‘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 27 May and 11 June 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 16 May and 11 June 2008.

RESOLVED – That the schedule be noted.

Report of Corporate Director of Governance (enclosed).

The Committee were requested to confirm nine Tree Preservation Orders in respect of which no objections had been lodged.

RESOLVED – That the following Tree Preservation Orders be confirmed, without modification, as an unopposed order.

(1) Tree Preservation Order No. 4 (Buckshaw) 2006

(2) Tree Preservation Order No. 3 (Whittle-Le-Woods) 2007

(3) Tree Preservation Order No. 4 (Euxton) 2007

(4) Tree Preservation Order No. 5 (Eccleston) 2007

(5) Tree Preservation Order No. 7 (Chorley) 2007

(6) Tree Preservation Order No.8 (Rivington) 2007

(7) Tree Preservation Order No. 9 (Chorley) 2007

(8) Tree Preservation Order No. 10 (Chorley) 2007

(9) Tree Preservation Order No. 1 (Coppull) 2008

The Corporate Director (Business) reported that the Council had been consulted on, with regards to the above application and tabled a draft letter at the meeting containing the Authority’s comments to be sent to the Planning Inspectorate on the proposals. Any Member who wished to make any further comments needed to submit them in the next ten days.

Councillor Iris Smith addressed the Committee speaking in favour of the comments contained within the response and the ward representative Councillor David Dickinson also expressed his support.

RESOLVED – That the Corporate Director (Business) make any necessary amendments in light of any additional comments Members may make before submitting the Council’s response to the Planning Inspectorate in ten days time.

Addendum (circulated at the meeting)