Agenda, decisions and minutes

Apologies for absence were received from Councillors Ken Ball 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 Members declared a prejudicial interest in relating to the planning applications listed below:

Councillor Keith Iddon                   planning application 08/01107/FUL

planning application 08/01181/FUL

Councillor Simon Moulton             planning application 08/01107/FUL

Councillor Geoff Russell                planning application 08/01246/TPO

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 13 January 2009 (enclosed)

RESOLVED – That the minutes of the meeting of the Development Control Committee meeting held on 13 January 2009 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 current planning applications on our website.

A link is attached to each of the items. If you click on this link it will take you directly to the plans appropriate to that particular planning application.

The Corporate Director (Business) submitted reports on eight 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)

Full planning permission approved subject to conditions.

(Councillor Keith Iddon declared a prejudicial interest and left the meeting)

(The Committee received representation from the ward representative, Councillor Kevin Joyce)

Application no:                      08/01181/FUL

Proposal:                   Demolition of existing outbuildings and extension of existing stable building to create Indoor Riding Arena

Location:                    The Oaks, Bluestone Lane, Mawdesley, Ormskirk

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Simon Moulton, and was subsequently RESOLVED to grant full planning permission subject to the following conditions:

1. Where use of the building for the authorised purpose ceases for a period exceeding 6 months within 10 years of its substantial completion it shall be removed from the land and the land shall be restored to its former condition.

Reason: To avoid the proliferation of buildings in the Green Belt for which there is not a continuing need and in accordance with Policy DC1 and EP8 of the Adopted Chorley Borough Local Plan Review.

2. The permission hereby granted is for the use of the building for the private keeping and riding of horses and ponies only. The building shall not be used for any trade or business purposes in connection with the training or schooling of horse and pony riders or for the holding of any events, competitions, trials, horse/pony club meetings or gymkhanas.

Reason:  To define the permission and in the interests of the visual amenities and character of the area and in accordance with Policy No. EP8 of the Adopted Chorley Borough Local Plan Review.

3. The development hereby permitted shall not commence until a sample/details of the colour of the plastisol coated profile metal sheeting roof (notwithstanding any details shown on previously submitted plan(s) and specification) has been submitted to and approved in writing by the Local Planning Authority.  The development shall only be carried out using the approved external facing colour.

Reason:  To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. EP8 of the Adopted Chorley Borough Local Plan Review.

4. The permission hereby granted shall only be for the benefit of The Oaks, Bluestone Lane, Mawdesley, Ormskirk, L40 2RJ and shall not be separated form it either in ownership or use. The use of the building shall principally limited to the owner of the aforementioned property unless otherwise agreed to in writing by the Local Planning Authority.

Reason:  The permission was granted having regard to the special circumstances advanced in support of the application, however the use would beinappropriate to the area unless only carried on by the applicant in the manner specified on the application and in accordance with Policy Nos. EP8 and DC1 of the Adopted Chorley Borough Local Plan Review.

5. The external facing materials detailed on the approved plan(s)/Design and Access Statement shall be used and no others substituted without the prior written approval of the Local Planning Authority.

Reason:  To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. EP8  ...  view the full minutes text for item 12a

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to Legal Agreement

(Councillors Keith Iddon and Simon Moulton declared a prejudicial interest and left the meeting)

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

Application no:                      08/01107/FUL

Proposal:                   Erection of two detached dwellings

Location:                    71, Station Road, Croston, Leyland

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Adrian Lowe, and was subsequently RESOLVED 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 only be carried out using the ground surfacing materials specified in the approved plans and no others used without the prior written consent of the local planning authority.

Reason:  To ensure a satisfactory form of development in the interest of the visual amenity of the area, to prevent an undue increase in surface water run off and in accordance with Policy Nos. GN5, HS4 and EP18 of the Adopted Chorley Borough Local Plan Review.

5. The development hereby permitted shall not commence until samples of all external facing materials to the proposed building(s) (notwithstanding any details shown on previously submitted plan(s) 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  ...  view the full minutes text for item 12b

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to a Legal Agreement.

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

Application no:                      08/01134/FUL

Proposal:                   Erection of 2 no. two storey houses, 2 no. bungalows and a new means of access.

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

Decision:

It was proposed by Councillor Terry Brown, seconded by Councillor David Dickinson, and was subsequently RESOLVED 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 (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.

3. 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.

4. No dwelling hereby permitted shall be occupied until that part of the service road which provides access to it from the public highway has been constructed in accordance with the approved plans.

Reason:  In the interests of highway safety and in accordance with Policy No.TR4 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 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.

6. 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  ...  view the full minutes text for item 12c

Report of Corporate Director (Business) (enclosed)

Outline planning permission granted subject to a Legal Agreement

Application no:                      08/01166/OUT

Proposals:                 Erection of two detached houses

Location:                    Land 50m North East of Four Leaves, Clover Road, Chorley

Decision:

It was proposed by Councillor Terry Brown, seconded by Councillor Adrian Lowe, and was subsequently RESOLVED to grant outline 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 the applicant has 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 site, the scope of a further study must then be agreed in writing with the Local Planning Authority and thereafter undertaken and shall include details of the necessary remediation measures.  The development shall thereafter only be carried out following the remediation of the site in full accordance with the measures stipulated in the approved report.

Reason: In the interests of safety and in accordance with the guidance set out in PPS23 – Planning and Pollution Control 2004.

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. 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.

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  ...  view the full minutes text for item 12d

Report of Corporate Director (Business) (enclosed)

Deferred.

Application no:                      08/01170/OUTMAJ

Proposal:                   Outline application for the erection of 71 dwellings including access and scale.

Location:                    Site of former Social and Athletic Club, Duke Street, Chorley

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Julia Berry to defer the decision of the application for officers to satisfy Members concerns regarding the Council’s compliance with LT14 and the allocation of the Section 106 money.

An amendment to the motion was proposed by Councillor Alan Cain, seconded by Councillor Harold Heaton, to grant permission of the application and for the specifics of the Legal Agreement to be debated in the correct forum, upon being put to the vote the motion was lost (6:8).

The original motion was then put to the vote and it was subsequently RESOLVED (10:3) to defer the decision of the planning application to the next meeting of the Development Control Committee.

Report of Corporate Director (Business) (enclosed)

Outline planning permission granted subject to a Legal Agreement.

Application no:                      08/01147/OUTMAJ

Proposal:                   Residential development for 76 no. 2, 2.5, 3 and 4 storey mixed dwelling types with associated works.

Location:                    Quarry Road Industrial Estate, Quarry Road, Chorley

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Harold Heaton and was subsequently RESOLVED to grant outline 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 (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.

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. 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  ...  view the full minutes text for item 12f

Corporate Director (Business) (enclosed)

Planning permission granted (subject to a Legal Agreement)

Application no:                      08/01197/FUL

Proposal:                   Change of use and conversion to two 2 Bed and 1 Bed apartments.

Location:                    Goldrush Amusements Ltd, 81 – 83, Market Street, Chorley

Decision:

It was proposed by Councillor Terry Brown, seconded by Councillor Adrian Lowe and was subsequently RESOLVED to grant planning permission subject to a Legal Agreement and the following conditions:

1. Before the development hereby permitted is first occupied, provision for cycle parking provision, in accordance with details to be first agreed in writing with the Local Planning Authority, shall have been made.

Reason : To ensure adequate on site provision for cycle parking and in accordance with Policy No. TR18 of the Adopted Chorley Borough Local Plan Review.

2. 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.

Report of Corporate Director (Business) (enclosed)

Approval of consent for tree works.

Application no:                      08/01246/TPO

Proposal:                   Pruning of overhanging trees in garden of 18 Casterton, Euxton covered by TPO 1 (Euxton) 1971

Location:                    18, Casterton, Euxton, Chorley

Decision:

It was proposed by Councillor David Dickinson, seconded by Councillor Simon Moulton and was subsequently RESOLVED to grant consent for the tree works subject to the following condition:

The tree works for which consent is hereby granted are only specified in the following. The trees are referenced as in the application:

Tree No. 1 – Remove two overhanging limbs from sycamore;

Tree No. 2 – Lift crown of sycamore tree to approximately 3.5m;

Tree No. 3 – Lift crown of beech tree to 3.5m;

Tree No. 4 – Remove ends of the oak tree branches and cut back 3m, and Area No. 5 – Remove self-seeded trees on southern boundary of TPO area from pumping station to eastern boundary of 18 Casterton.

Reason: To define the consent, to safeguard the appearance and health of the tress in accordance with Policy Nos.EP9 and HT9 of the Adopted Chorley Borough Local Plan Review.

Report of Corporate Director (Business) (enclosed)

The Corporate Director (Business) submitted a report for Members to consider whether it be expedient to take enforcement action in respect of the erection of a rear balcony at 18, Tanyard Close, Coppull, Chorley.

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

Without planning permission the erection of a balcony to the rear of 18 Tanyard Close, Coppull, Chorley PR7 5BT.

Remedy for Breach:

Remove the raised balcony, steps and supporting superstructure from the rear elevation of 18 Tanyard Close, Coppull, Chorley, PR7 5BT.

Period for Compliance:

Three Months

Reason:

(i)                 The proposed balcony, due to the erect 1.8m high privacy screens, will result in loss of light, create an overbearing impact and create a proposal that is visually intrusive and does not compliment the character and appearance of the original dwelling house. As such the proposal is contary to Policies GN5 and HS9 of the Adopted Chorley Borough Local Plan Review and the House Extension Design Guidelines.

(ii)               The proposed balcony would result in an unacceptable loss of privacy to the occupiers of number 17 & 19 Tanyard Close. As such the proposal is considered to be contrary to policies GN5 and HS9 and the Householder Design Guidelines.

Report of Corporate Director (Business) (enclosed)

The Corporate Director (Business) submitted a report giving notification of two planning appeals that had been dismissed against the refusal of planning permission by the Planning Inspectorate.

RESOLVED – That the report be noted.

Table of decisions determined on 13 January 2009 (enclosed)

Table of decisions determined on 21 January 2009 (enclosed)

The Committee received for information, tables 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 meetings held on 13 January and 21 January 2009.

RESOLVED – That the table be noted.

Schedule of applications determined between 19 December 2008 and 21 January 2009 (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 the delegated powers between 19 December 2008 and 21 January 2009.

RESOLVED – That the schedule be noted.

Report of Corporate Director (Business) circulated at the meeting