Agenda, decisions and minutes

Apologies for absence were received from Councillors Terry Brown, Keith Iddon and Adrian Lowe

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.

There were no declarations of interest.

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 11 November 2008 (enclosed)

RESOLVED – That the minutes of the Meeting of the Development Control Committee held on 11 November 2008 be confirmed as a correct record for signing by the Chair.

A table of planning applications to be determined is enclosed.

Please note that copies of the location plans are included in the agenda. Plans to be considered will be displayed at the meeting or may be viewed in advance by following the links to the current planning applications on our website http://planning.chorley.gov.uk/PublicAccess/TDC/tdc_home.aspx

The Corporate Director (Business) submitted reports on six 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)

Outline planning permission granted subject to a legal agreement.

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

Application no:            08/01052/OUTMAJ

Proposal:                   Outline application for 12 detached houses, associated garages and access road (including access, layout and scale) following demolition of existing dwellings, offices and workshop/storage buildings.

Location:                    37 – 39 and land to rear Wigan Road, Euxton

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Roy Lees, and was subsequently RESOLVED to grant outline planning permission subject to a Legal Agreement and the following conditions:

1. An application for approval of the reserved matters (namely external appearance of the buildings and landscaping of the site) must be made to the Council before the expiration of three years from the date of this permission and the development hereby permitted must be begun two years from the date of approval of the last of the reserved matters to be approved.

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. The application for approval of 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 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.

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  ...  view the full minutes text for item 114a

Report of Corporate Director (Business) (enclosed)

Outline planning permission granted subject to a legal agreement.

(The Committee heard representations from the ward representative Councillor Ralph Snape on the proposals)

Application no:            08/00928/OUTMAJ

Proposal:                   Proposed erection of 19 no two storey dwellings and associated works

Location:                    Rydal House, Chorley Hall Road, Chorley

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Ken Ball, and was subsequently RESOLVED to grant outline planning permission subject to a legal agreement and the following conditions:

1. No development shall take place until a survey has been carried out by a competent person of the existing buildings on the site for the presence of bats.  The results of the survey shall be made available to the Local Planning Authority and any recommendations for compensation measures should a bat roost be found agreed in writing by the Local Planning Authority before development commences.  The necessary works shall be carried out before building work on site commences.

Reason: to secure the preservation of protected species in accordance with Policy EP3 of the Adopted Chorley Borough Local Plan Review.

2. Before the development hereby permitted is first commenced, full details of the following reserved matters namely design and appearance and landscaping shall be submitted to and approved in writing by the Local Planning Authority.

Reason:  The permission is in outline only and in accordance with Policy Nos. GN5 and HS4 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 and HS4 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 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 and HS4 of the Adopted Chorley Borough Local Plan Review.

5. 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  ...  view the full minutes text for item 114b

Report of Corporate Director (Business) (enclosed)

Permission granted subject to a legal agreement.

(The Committee received representation from the applicant’s agent in support of the proposals)

Application no:            08/01044/OUTMAJ

Proposal:                   Outline application for the erection of mixed use development incorporating residential and B1 employment use following the demolition of the existing buildings (7.2 hectares)

Location:                    Vertex Training and Conference Centre, Little Carr Lane, Chorley

Decision:

It was proposed by Councillor Ken Ball, seconded by Councillor Roy Lees, and was subsequently RESOLVED to grant planning permission subject to a legal agreement and the following conditions:

1. Any application for approval of reserved matters must be made to the Council not later that four years from the date of this decision. The development shall be begun within two years of the date of approval of the last of the reserved matters or within six years of the date of this decision which ever is the later

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. At the time of submission of the first set of details for development of the residential parcel, pursuant to Condition 2 above, a Statement of Overall Landscape Strategy for the residential parcel shall be submitted to and approved in writing by the Local Planning Authority. The details shall include a landscaping/habitat creation and management plan and shall include details of structure planting on the site’s peripheral areas and adjacent to the primary roads, footpaths and cycle ways within the site.

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. At the time of submission of the first set of details for development of the employment parcel, pursuant to Condition 2 above, a Statement of Overall Landscape Strategy for the employment parcel shall be submitted to and approved in writing by the Local Planning Authority. The details shall include a landscaping/habitat creation and management plan and shall include details of structure planting on the site’s peripheral areas and adjacent to the primary roads, footpaths and cycle ways within the site. The details shall also include the treatment of the boundaries of the site with the existing residential dwellings along Carr Lane/Little Carr Lane to ensure the existing residential amenities are protected.

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. Within one year of or within the first planting and seeding season following the completion of the access junction (whichever is the sooner) the structure planting along the access road and boundary of the site with Myles Standish Way shall be completed in accordance with a scheme to be 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 Policy No.GN5 of the Adopted Chorley Borough Local Plan Review.

5. Before any phase  ...  view the full minutes text for item 114c

Report of Corporate Director (Business) (enclosed)

Permission granted subject to a legal agreement

(The Committee received representations from the applicant’s agents in support of the proposals)

Application no:            08/01079/OUTMAJ

Proposal:                   Outline application for residential redevelopment incorporating ancillary open space, landscaping and associated infrastructure.

Location:                    Radburn Works, Sandy Lane, Clayton-Le-Woods, Chorley

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Mick Muncaster, and was subsequently RESOLVED to grant planning permission subject the signing of the Legal Agreement by 13 January 2009 and the following conditions and that if the Legal Agreement was not signed by this date, then planning permission would be refused.

1. An application for approval of the reserved matters (namely siting, scale, external appearance of the buildings and landscaping of the site) must be made to the Council before the expiration of three years from the date of this permission and the development hereby permitted must be begun two years from the date of approval of the last of the reserved matters to be approved.

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. 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.

3. The application for approval of 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 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.

4. 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  ...  view the full minutes text for item 114d

Report of Corporate Director (Business) (enclosed)

Recommendation to full Council to grant permission.

Application no:            08/00884/CB3

Proposal:                   Installation of a CCTV system including six cameras (located on Astley Hall, The Coach House, wall mounted and on poles in the grounds) and eight loudspeaker horns on the roof of Astley Hall and The Coach House

Location:                    Astley Hall, Astley Park, Park Road, Chorley

Decision

It was proposed by Councillor Alan Cain, seconded by Councillor Harol Heaton and was subsequently RESOLVED to recommend full Council to grant planning permission and that the views of the Committee in relation to the operating times of the CCTV system be given to the officers concerned.

Report of Corporate Director (Business) (enclosed)

Recommendation to Government Office North West (GONW) to grant permission

Application no:            08/00885/LBC

Proposal:                   Listed Building Consent for the installaion of a CCTV system including six cameras (located on Astley Hall, The Coach House and wall mounted in the grounds) and eight loudspeaker horns on the roof of Astley Hall and The Coach House.

Location:                    Astley Hall, Astley Park, Park Road, Chorley

Decision:

It was proposed by Councillor Alan Cain, seconded by Councillor Harold Heaton, and was subsequently RESOLVED to recommend the Government Office North West (GONW) to grant planning permission.

Report of Corporate Director (Business) (enclosed)

The Committee received a report of the Corporate Director (Business) giving notification of one appeal that had been lodged against the refusal of planning permission by the Planning Inspectorate.

RESOLVED – That the report be noted.

Report of Corporate Director (Business) (enclosed)

The Corporate Director (Business) submitted a report for Members to consider whether it is expedient to take enforcement action in respect of the erection of a first floor side and rear extension on land at Little Knowley Farm, 19, Blackburn Road, Whittle-Le-Woods.

Works had already been undertaken to remove the roof to an existing extension and commencement of works to the gable and rear wall to construct the extension.

The property lies within designated Green Belt and permission would not be granted except in very special circumstances, for development other than that defined within one of seven criteria defined within that policy. Policy DC8A states that criterion (d) extensions should not result in a significant increase in the volume of the original dwelling. In this instance it is considered that the extensions proposed do result in a significant increase in the volume of the original dwelling.

A part retrospective planning application for the erecting of a first floor side and rear extension and the erecting of a single storey rear conservatory and alterations to the roof at the property has been received.

It was proposed by Councillor Ken Ball, seconded by Councillor Simon Moulton, and was subsequently RESOLVED that it is expedient to issue an Enforcement Notice in respect of the following breach of planning control, that without planning permission the erecting of a first floor side and rear extension at property, Little Knowley Farm, 19 Blackburn Road, Whittle-Le-Woods PR6 8LD, but that the notice would not be issued until the planning application mentioned above had been determined.

Remedy for Breach

Demolish the extension and remove the resultant materials from the site.

Period for compliance

Three months

Reason

The proposed development would be located within the Green Belt as defined by the Adopted Chorley Borough Local Plan Review. The proposed development is contrary to Government advice contained in PPG2: Green Belts, Policy DC8A of the Adopted Chorley Local Plan Review and the Council’s approved House Extension Design Guidelines, which seeks to resist major extensions to existing dwellings which significantly increase the volume of the dwellinghouse and create disproportionate additions over and above the volume of the original dwellinghouse to the detriment of the character and appearance of the Green Belt

Report of Corporate Director (Business) (enclosed)

The Corporate Director (Business) submitted a report for Members to consider whether it was expedient to take enforcement action in respect of alterations to increase the height outbuilding on land at Little Knowley Farm, Blackburn Road, Whittle-Le-Woods.

Works had been carried out to raise the roof height on the existing pitched roof outbuilding at Little Knowley Farm. Permitted development rights do exist for the erection of buildings within the curtilage area of the dwelling, however there is a restriction on the height of buildings with pitched roofs of 4 metres without planning permission.

Members asked the exact height that the roof had now been raised and as the information was not available at Committee, it was proposed by Councillor Ken Ball, seconded by Councillor Simon Moulton, and was subsequently RESOLVED to defer the decision to a further meeting of the Development Control Committee.

Table of decisions determined on 11 November 2008 (enclosed)

Table of decisions determined on 26 November 2008 (enclosed)

The Committee received for information tables listing six 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 meeting held on 11 and 26 November 2008.

RESOLVED – That the reports be noted.

Schedule of applications determined between 30 October and 25 November 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 30 October and 25 November 2008.

RESOLVED – That the schedule be noted.

The Chair drew Members attention to the next Member Learning Session to be held on 12 January 2008 at 5.00pm in the Lancastrian, Town Hall, Planning in Practice would be an interactive workshop, covering the various stages of the planning application process and he encourage all Members to attend.

Report of the Corporate Director (Business) circulated at the meeting (enclosed)