Agenda, decisions and minutes

Apologies for absence were received from Councillors Ken Ball, Harold Heaton and Mick Muncaster.

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 prejudicial interest in relation to the planning application listed below:

Councillor Simon Moulton – planning application 08/01107/FUL

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 16 December 2008 (enclosed)

RESOLVED – That subject to the amended conditions to planning application 08/01079/OUTMAJ, the minutes of the meeting of the Development Control Committee be confirmed as a correct record for signing by the Chair.

A table of planning applications to be determined is enclosed.

Pleas 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 current planning applications on our website http://planning.chorley.gov.uk/PublicAccess/tdc/DcApplication/application_searchform.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)

Deferred to allow the Members of the Committee to visit the site of the proposed developments.

(Councillor Simon Moulton declared a prejudicial interest and left the meeting)

(The Committee heard representations from an objector to the proposals and the applicant’s agent)

Application no:                      08/01107/FUL

Proposal:                   Erection of two detached dwellings

Location:                    71, Station Road, Croston, Leyland

Decision:

It was proposed by Councillor Keith Iddon, seconded by Councillor David Dickinson, and was subsequently RESOLVED to defer the decision to allow the Members of the Development Control Committee to visit the site of the proposed development.

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to conditions.

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

(The Chair read out a statement on behalf of the ward representative Councillor Pat Case against the proposals)

Application no:          08/01171/FUL

Proposal:                   Revised elevations to previously approved house.

Location                     109, Chorley Road, Heath Charnock, Chorley

Decision:

It was proposed by Councillor Alan Cain, seconded by Councillor Shaun Smith, and was subsequently RESOLVED 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. All windows in the first and ground floor of the building’s northern and southern elevations shall be fitted with fixed obscure glass and non-opening windows.  Obscure glazing and non-opening windows 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.

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to conditions.

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

Application no:                      08/01189/COU

Proposal:                   Retrospective application for change of use of property from residential to mixed use residential and office (B1), for a further 2 years.

Location:                    22A, Windsor Road, Chorley

Decision:

It was proposed by Councillor Keith Iddon, seconded by Councillor Roy Lees, and was subsequently RESOLVED to grant full planning permission subject to the following conditions:

1. The office use hereby permitted shall cease within two years of the date of this permission.

Reason:  The use is not considered suitable in this location on a permanent basis and in accordance with Policy Nos. EP7 of the Adopted Chorley Borough Local Plan Review.

Report of Corporate Director (Business) (enclosed)

Deferred to allow the Members of the Committee to visit the site of the proposed developments.

(The Committee received representation from an objector to the proposals and the applicant’s agent)

Application no:                   08/01134/FUL

Proposal:                   Erection of 2 no detached houses and 2 detached bungalows and new means of access.

Location:                    Lilac Mount, 704, Preston Road, Clayton-Le-Woods, Chorley

Decision:

It was proposed by Councillor Keith Iddon, seconded by Councillor June Molyneaux, and was subsequently RESOLVED to defer the decision to allow the Members of the Development Control Committee to visit the site of the proposed development.

Report of Corporate Director (Business) (enclosed)

Reserved Matters Application approved subject to conditions.

Application no:          08/01098/REMMAJ

Proposal:                   Reserved matters application for the erection of 84 apartments and 24 dwelling houses

Location:                    Land South of Buckshaw Avenue, Buckshaw Village

Decision:

It was proposed by Councillor Alan Cain, seconded by Councillor David Dickinson, and was subsequently RESOLVED to grant the reserved matters application 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 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. Surface water must drain separate from the foul and no surface water will be permitted to discharge to the foul sewerage system.

Reason: To secure proper drainage and in accordance with Policy Nos. EP17 of the Adopted Chorley Borough Local Plan Review.

4. 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.

5. 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.

6. The development hereby permitted shall not commence until general details of the colour, form and texture  ...  view the full minutes text for item 4e

Report of Corporate Director (Business) (enclosed)

Approved Reserved Matters Application subject to conditions.

Application no:                      08/01100/REMMAJ

Proposal:                   Reserved matters application for the Sothern Commercial Area, Buckshaw Village. Including retail uses, residential, car parking related infrastructure and landscaping.

Location:                    Land South of Buckshaw Avenue, Buckshaw Village

Decision:

It was proposed by Councillor Alan Cain, seconded by Councillor David Dickinson, and was subsequently RESOLVED to approve the reserved matters application subject to the following conditions:

1. The proposed development must be begun not later than five years from the date of this permission.

Reason: Required to be imposed by 91 of the Town and Country Planning Act 1990.

2. Within two months of the commencement of the development or within a time period previously agreed in writing by the Local Planning Authority a scheme for the phasing of the development (including infrastructure) shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall show:

• in which phase completion of highways and marking out of highways and parking areas will occur.

The development shall be implemented wholly in accordance with the submitted and approved phasing plans referred to above unless otherwise agreed in writing by the Local Planning Authority.

Reason: The scale of the development and mixed-use format will result in the sequence of construction being linked to the economic opportunities of filling each phase. The Local Planning Authority in granting consent must ensure that the development and its implementation is effective from a highways and public use perspective and creates a sense of place throughout the development.

3. Prior to the commencement of each phase of the development the following details shall be submitted to and approved by The Local Planning Authority in writing:

Details of the colour, form and texture of all external facing materials to the proposed buildings

Details of the colour, form and texture of all hard ground- surfacing materials.

Location, design and materials of all fences, walls and other boundary treatments.

Landscaping.

Reason: To secure a coherent, publicly accessible and attractive place as the development is constructed.

4. Prior to the occupation of units 2-13 hereby permitted details of the specific proposed shop front for each individual unit shall be submitted to and approved in writing by the Local Planning Authority. The proposed shop front shall be chosen from the approved options detailed on plans reference 8430-P112 and 8430-P113, received 23rd October 2008, or an alternative which has been previously agreed in writing by the Local Planning Authority. The shop front thereafter shall be constructed and retained in accordance with the approved details

Reason: To respect the visual amenities of the area and in accordance with Policy GN5 of the Adopted Chorley Borough Local Plan Review.

5. The selection of shop fronts hereby approved shall be utilised for each of the individual units (units 2 - 13), unless otherwise agreed in writing by the Local Planning Authority.

Reason: To respect the visual amenities of the area and in accordance with Policy GN5 of the Adopted Chorley Borough Local Plan Review.

6. Prior to  ...  view the full minutes text for item 4f

Report of Corporate Director (Business) (enclosed)

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

RESOLVED – That the report be noted.

Report of Corporate Director (Business) (enclosed)

The Committee received a report of the Corporate Director (Business) to consider whether it was expedient to take enforcement action in respect of the alterations to increase height of outbuilding on land at Little Knowley Farm, 19, Blackburn Road, Whittle-Le-Woods.

The development undertaken did not benefit as permitted development as defined within Schedule 2, Part 1, Class E the Town and Country Planning (General Permitted Development) Order 1995 (as amended). The development undertaken does not meet the conditions stated in Class E in that the roof exceeds 4 metres and measures 7 metres to ridge.

The works undertaken to clad the existing building and raise its roof height had significantly increased the mass when compared to the original building resulting in a reduction to the openness of the green belt in this locality. The building id therefore considered to be inappropriate development within the Green Belt that is, by definition harmful to it.

Local Plan Policy DC1 states that, within the designated Green Belt permission for development will not be granted except in very special circumstances, other than defined within one of the seven criteria defined within that policy. The development does not accord with any of the accepted criteria and as no planning application had been submitted no very special circumstance had been put forward in support.

Recommendation

That it is expedient to issue an Enforcement Notice in respect of the following breach of planning control:

Without planning permission the erection of an outbuilding, which exceeds 4 metres in height?

Remedy for Breach

Reduce the height of the building from 7 metres to 4 metres in height and therefore benefit as Permitted Development as defined within schedule 2, Part 1, Class E, Town and Country Planning (General Permitted Development) Order 1995.

Period for Compliance:

Three months

Reason:

The development is 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 and Policy DC1 of the Adopted Chorley Borough Local Plan Review which seeks to control and retain the openness of the green belt by defining development that is considered to be appropriate within the Green Belt. It is considered that the outbuilding is inappropriate development by reason of its height and bulk and the building detracts to an unacceptable degree from the open and rural character of the Green Belt. Contrary to Policy DC1 of the Adopted Chorley Borough Local Plan Review.

Table of decisions determined on 16 December 2008 (enclosed)

The Committee received for information a table listing four 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 by the Chair and Vice-Chair of the Committee at a meeting held on 16 December 2008.

RESOLVED – That the table be noted.

Schedule of applications determined between 26 November to 18 December 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 26 November and 18 December 2008.

RESOLVED – That the schedule be noted.

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