Agenda, decisions and minutes

An apology for absence was received from Councillor 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 Member declared a personal interest in relation to the planning application listed below:

Councillor Alistair Bradley – planning application 08/00465/OUTMAJ

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 24 June 2008 (enclosed)

RESOLVED – That the minutes of the Development Control Committee held on 24 June 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 in this 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 two 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)

Decision deferred to allow Members of the Committee to visit the site of the proposed development.

(Councillor Alistair Bradley declared a personal interest in the application).

(The Committee heard representations from an objector to the proposals).

It was proposed by Councillor Ball, seconded by Councillor Adrian Lowe, and was subsequently RESOLVED to allow County Councillor Alan Whittaker to speak on the proposals

Application no:            08/00465/OUTMAJ

Proposal:                   Demolition of existing buildings and erection of 11 two storey dwellings.

Location:                    St Mary’s Church Hall, Lawrence Lane, Eccleston, Chorley

Decision:

It was proposed by Councillor Ken Ball, seconded by Councillor Julia Berry, and was subsequently RESOLVED (14:0) to defer the decision to allow the Members of the Committee to visit the site of the proposed development.

Report of Corporate Director (Business) (enclosed)

Recommendation to Council to grant planning permission.

Application No:            08/00415/CB3

Proposal:                   Demolition and rebuilding of reception area to enable the installation of a DDA compliant lift to enable first access to first floor.

Location:                    Clayton Green Sports Centre, Clayton Green Road, Clayton Green, Clayton-Le-Woods

Decision:

It was proposed by Councillor Mick Muncaster, seconded by Councillor Harold Heaton, and was subsequently RESOLVED (16:0) to refer to Council for decision with recommendation for approval.

Report of Corporate Director (Business) (enclosed)

The Corporate Director (Business) submitted a report to advise Members of the legal advice received in respect of the recently lodged appeal at land to rear of 243 – 289 Preston Road, Clayton-Le-Woods.

Following a previous memo to the Committee, Counsel at Kings Chambers had provided Members with advice on the likely success at appeal.

The decision taken by the Committee to grant planning permission in respect of the most recent planning application would be a material consideration of significant weight. If the appeal proceeded to determination, with the reasons for refusal as drafted, planning permission would be granted. Furthermore, on the balance of probabilities, an adverse award of costs would be made against the Local Planning Authority.

The Development and Building Control Manager explained to Members that if, in light of this advice they decided not to contest the appeal, then, the applicant could be persuaded to submit a new application and withdraw the appeal, or an agreed case could be presented to the Inspector at the Planning Inquiry, given that the Planning Inspectorate (PINS) is now seized with the matter. This would assist in reducing the Council’s liability in respect of a costs application.

It was proposed by Councillor Adrian Lowe, seconded by Councillor Harold Heaton, and was subsequently RESOLVED (9:3) that the Councils case at appeal is that the Council would have recommended approval of the application on the basis of the change of circumstances resulting from the recent appeal being allowed, with Councillors Alistair Bradley, Alan Cain, Henry Caunce, Harold Heaton, Adrian Lowe, Simon Moulton, Mick Muncaster, Geoff Russell and Shaun Smith voting for the proposal and Councillors Ken Ball, Julia Berry, and David Dickinson voting against the proposal, with Councillors Terry Brown, Roy Lees, Greg Morgan and June Molyneaux abstaining.

Report of Corporate Director (Business) (enclosed)

The Corporate Director (Business) submitted a report to highlight to the Members of the Committee, advice given by the Council’s barrister regarding the Council’s case and the likely success of appeal against the refusal of planning permission for the erection of 16 dwellings at 54, Lancaster Lane, Clayton-Le-Woods, including the potential for incurring costs.

There had been a change to the material consideration as a result of the appeal decision on a smaller site at Lancaster Lane.

Members were advised that the Council needed to reconsider its position in light of the recent appeal decision and the award of costs against the Council. Failure to assess the risk of continuing with the appeal would increase the liability and an award of costs against the Council from fighting the appeal based on the Members concerns and the reasons for refusal.

It was proposed by Councillor Adrian Lowe, seconded by Councillor Harold Heaton, and was subsequently RESOLVED (9:3) that the Councils case at appeal is that the Council would have recommended approval of the application on the basis of the change of circumstances resulting from the recent appeal being allowed, with Councillors Alistair Bradley, Alan Cain, Henry Caunce, Harold Heaton, Adrian Lowe, Simon Moulton, Mick Muncaster, Geoff Russell and Shaun Smith voting for the proposal and Councillors Ken Ball, Julia Berry, and David Dickinson voting against the proposal, with Councillors Terry Brown, Roy Lees, Greg Morgan and June Molyneaux abstaining.

Report of Corporate Director (Business) (enclosed)

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

The Committee also received notification that the Planning Inspectorate had granted planning permission for one appeal and that the Government Office for the North West had granted one, Listed Building Consent application.

RESOLVED – That the report be noted.

The Committee received for information, tables listing eleven 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, Vice-Chair of the Committee at meeting held on 24 June and 9 July 2008.

RESOLVED – That the reports be noted.

Schedule of applications 12 June – 9 July 2008 (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 12 June and 9 July 2008.

RESOLVED – That the schedule be noted.

Addendum (circulated at the meeting)