Agenda, decisions and minutes

Apologies for absence were received from Councillors Alan Cain, Keith Iddon, Adrian Lowe and Shaun Smith.

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 Members Code of Conduct, the following Member declared a prejudicial interest in relation to the planning application listed below.

Councillor Mick Muncaster – planning application 08/01070/FUL

To confirm the minutes of the meeting of the Development Control Committee meeting held on 3 February 2009 (enclosed)

RESOLVED – That the minutes of the meeting of the Development Control Committee meeting held on 3 February 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 and layout plans are included (where applicable) on 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/tdc_home.aspx

The Corporate Director (Business) submitted reports on eleven applications fro 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 the Corporate Director (Business) (enclosed)

Recommend full Council to grant planning permission.

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

Application no:                      09/00024/FUL

Proposal:                   Erection of multi use games area including provision of 3m steel fencing, tarmac playing surface and access.

Location:                    Land 80m East of Buckshaw Village School, Chancery Road, Astley Village

Decision:

It was proposed by Councillor Ken Ball, seconded by Councillor Alistair Bradley 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 proposal was proposed by Councillor Harold Heaton, seconded by Councillor David Dickinson, and RESOLVED (7:6) to recommend full Council to grant full planning permission.

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to conditions.

(Councillor Mick Muncaster declared a personal interest; he stayed in the meeting but took no part in the voting)

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

Application no:                      08/01070/FUL

Proposal:                   Erection of one detached dwelling.

Location:                    Land 73m South of 62 Lancaster Lane, Clayton-Le-Woods

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Geoff Russell to approve the planning application.

An amendment to the motion was proposed by Councillor Ken Ball, seconded by Councillor Roy Lees to refuse planning permission. Councillor Julia Berry requested a recorded vote and the motion was lost (5:6), with Councillors Ken Ball, Julia Berry, Alistair Bradley, Roy Lees and June Molyneaux voting for the proposal and Councillors Henry Caunce, David Dickinson, Harold Heaton, Greg Morgan, Simon Moulton and Geoff Russell voting against. The original motion was then put to the vote. Councillor Julia Berry requested a recorded vote and it was RESOLVED (7:5), with Councillors Terry Brown, Henry Caunce, David Dickinson, Harold Heaton, Greg Morgan, Simon Moulton and Geoff Russell voting for the proposal and Councillors Ken Ball, Julia Berry, Alistair Bradley, Roy Lees and June Molyneaux voting against 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. 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 samples of all external facing materials to the proposed buildings (notwithstanding any details shown on previously submitted  ...  view the full minutes text for item 20b

Report of Corporate Director (Business) (enclosed)

Outline planning permission granted subject to a Section 106 Agreement and conditions.

Application no:                      08/01253/OUTMAJ

Proposal:                   Outline application for residential development for 33 dwellings including access and scale.

Location:                    Waggon and Horses Public House, 2, Coppull Moor Lane, Coppull, Chorley

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor David Dickinson, and was subsequently RESOLVED to grant outline planning permission subject to the signing of a S106 Agreement that would include the provision for traffic calming measures on Chapel Lane, the details of which to be delegated to the Corporate Director (Business) in consultation with the Chair and Vice Chair of the Committee, 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. Before the development hereby permitted is first commenced, full details of all reserved matters (namely the siting, design, external appearance of the buildings, the means of access thereto and the landscaping of the site) 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, HS4 and TR4 of the Adopted Chorley Borough Local Plan Review.

3. No development approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters has been approved in writing by the Local Planning Authority.  Such a scheme shall be constructed and completed in accordance with the approved plans.

Reason : To ensure a satisfactory means of drainage and in accordance with Policy No. EP18 of the Adopted Chorley Borough Local Plan Review.

4. No development shall take place until:

a methodology for investigation and assessment of ground contamination has been submitted to and approved in writing by the Local Planning Authority.  The investigation and assessment shall be carried out in accordance with current best practice including British Standard 10175:2001 “Investigation of potentially contaminated sites – Code of Practice”.  The objectives of the investigation shall be, but not limited to, identifying the type(s), nature and extent of contamination present to the site, risks to receptors and potential for migration within and beyond the site boundary;

all testing specified in the approved scheme  (submitted under a) and the results of the investigation and risk assessment, together with remediation proposals to render the site capable of development have been submitted to the Local Planning Authority;

the Local Planning Authority has given written approval to the remediation proposals (submitted under b), which shall include an implementation timetable and monitoring proposals.  Upon completion of the remediation works, a validation report containing any validation sampling results have been submitted to and approved in writing by the Local Planning Authority.

Reason: To protect the environment and prevent harm to human health by ensuring that the land is remediated to  an appropriate standard for the proposed end use and in accordance with the guidance set out in PPS23: Planning and Pollution Control

5. During  ...  view the full minutes text for item 20c

Report of Corporate Director (Business) (enclosed)

Full planning permission granted subject to conditions.

(Councillors Ken Ball and Terry Brown left the meeting)

(The Committee received representation from the applicant and the ward representative Councillor Kevin Joyce who spoke in support of the proposals)

(Councillor Terry Brown returned to the meeting)

Application no:                      09/00023/FUL

Proposal:                   New dwelling for agricultural workers including detached garage.

Location:                    Land west of Knowleswood, Wrennalls Lane, Heskin

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Henry Caunce to approve the planning application.

An amendment to the motion was proposed by Councillor Alistair Bradley, seconded by Councillor Julia Berry to refuse planning permission, upon being put to the vote the motion was lost (3:7). The original motion was then voted upon and was subsequently RESOLVED (7:2) to grant full planning permission subject to the conditions being delegated to the Corporate Director (Business) in consultation with the Chair and Vice Chair of the Committee.

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 samples of all external facing materials to the proposed building(s) (notwithstanding and 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 DC8A of the Adopted Chorley Borough Local Plan Review.

3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (Schedule 2, Part 1, Classes A to E), or any Order revoking or re-enacting that Order, with or without modification, no alterations or extensions shall be undertaken to the dwelling(s) hereby permitted, or any garage, shed or other outbuilding erected (other than those expressly authorised by this permission)

Reason: To protect the appearance of the locality and in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

4. No dwelling

Report of Corporate Director (Business) (enclosed)

Planning permission refused.

(Councillors Terry Brown and Roy Lees left the meeting)

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

(Councillor Roy Lees returned to the meeting)

Application no:                      08/01252/OUT

Proposal:                   Erection of proposed country house hotel

Location:                    Rivington Village Club, Horrobin Lane, Rivington

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor David Dickinson, and upon being put the recorded vote at the request of Councillor Julia Berry was subsequently RESOLVED (11:0) to refuse planning permission, with Councillors Julia Berry, Alistair Bradley, Terry Brown, Henry Caunce, David Dickinson, Harold Heaton, Roy Lees, June Molyneaux, Greg Morgan, Simon Moulton, Mick Muncaster and Geoff Russell voting for the proposal for the following reasons:

1. The proposed development would be located within the Green Belt as defined by the North West Regional Spatial Strategy Policy RDF4 and the Adopted Chorley Borough Local Plan Review. The proposed development is contrary to Policy DC1 of the Adopted Chorley Borough Local Plan Review and PPG2: Green Belts as in the Green Belt there is a presumption against inappropriate development, which this would be. It is not considered that the arguments put forward in support of the application are sufficient very special circumstances to outweigh the presumption against it in the Green Belt.

2. Although the position of the building on the site is acceptable, it is considered a layout more closely reflecting the footprint of the public house that originally stood on the site would be more appropriate. The scale of the proposal is considered unacceptable in terms of its mass (particularly when viewed from the front), being too great, particularly the large dormer window and the unacceptably large front roof slope. The layout and scale is therefore considered contrary to Policy HT7 of the Adopted Chorley Borough Local Plan Review.

3. The proposal would result in the felling of a significant protected tree to enable the access to be widened. The application is therefore contrary to Policy EP9 of the Adopted Chorley Borough Local Plan Review which states that proposals which would result in the loss of trees which make a valuable contribution to the character of the landscape or a building or settlement or its setting will not be permitted.

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to a Section 106 Agreement and conditions.

Application no:                      08/01170/OUTMAJ

Proposal:                   Erection of 71 dwelling including access and scale.

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

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Simon Moulton and was subsequently RESOLVED to grant planning permission subject to a Section 106 Agreement and the following conditions:

1. An application for approval of the reserved matters (namely siting, 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. 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.

3. The application for approval of Reserved Matters shall be accompanied by full details of the predicted energy use of the development expressed in terms of carbon emissions. If no data specific to the application is available benchmark data will be acceptable. A schedule should include how energy efficiency is being addressed, for example, amongst other things through the use of passive solar design. It will be flexible enough to show the on-site measures to be installed and implemented so as to reduce carbon emissions by the figure set out in policy SR1 of the Sustainable Resources DPD at the time of commencement of each individual plot by means of low carbon sources. Details shall be submitted for on-site measures to be implemented including rainwater/brown water recycling, the implementation of sustainable urban drainage systems and the provision of storage space for recyclable waste materials and composting. No development shall commence until the scheme has been submitted to and approved in writing by the Local Planning Authority. Such details as may be approved shall be implemented and retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the proper planning of the area. In line with the objective of National Planning Policy contained in Planning Policy Statement: Planning, the Climate Change Supplement to PPS1, Policies EM16 and EM17 of the Regional Spatial Strategy and Chorley Borough Council's Sustainable Resources DPD

4. The application for approval of Reserved Matters shall demonstrate and provide full details of how the design and layout of the buildings will withstand climate change.  ...  view the full minutes text for item 20f

Report of Corporate Director (Business) (enclosed)

Permission of the Reserved Matters application granted.

Application no:          08/01249/REMMAJ

Proposal:                   Re-organisation of garden centre, including extension of horticultural shade house, extension to existing dwelling and propagation house, including appearance, scale and landscaping.

Location:                    Wyevale Garden Centre, 338 Southport Road, Ulnes Walton

Decision:

It was proposed by Councillor Simon Moulton, 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 two years from the date of this permission or not later than five years from the date of the outline planning permission (reference 05/01002/OUTMAJ)

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. In addition to the landscaping scheme to the highway boundary, 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.

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to a Section 106 Agreement and conditions.

Application no:          09/00033/OUTMAJ

Proposal:                   Demolition of existing building and erection of a 4 storey apartment building providing 28 one and two bed roomed apartments and associated car parking.

Location:                    Northolme Private Nursing Home, 67, Preston Road, Chorley

Decision:

It was proposed by Councillor Mick Muncaster, seconded by Councillor Harold Heaton and was subsequently RESOLVED to grant planning permission subject to a Section 106 Agreement and the following conditions:

1. Any application for approval of reserved matters (namely external appearance of the building and landscaping of the site) must be made to the Council not later than 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. 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 of the Adopted Chorley Borough Local Plan Review.

3. No development shall take place until a desktop study in order to identify any potential sources of land contamination associated with the development has been carried out and approved in writing by the Local Planning Authority. If the potential for contamination is confirmed further surveys by the developer to assess the risks and identify and appraise the options for remediation shall be carried out prior to the commencement of the development. The surveys shall then be submitted to and approved in writing by the Local Planning Authority identifying the proposed remediation works. The works thereafter shall be carried out in accordance with the approved remediation strategy.

Reason: To protect the environment and to prevent harm to human health by ensuring that the land is remediated to an appropriate standard in accordance with Government advice contained in PPS23: Planning and Pollution Control

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  ...  view the full minutes text for item 20h

Report of Corporate Director (Business) (enclosed)

Recommend full Council to grant planning permission subject to the signing of a Section 106 Agreement.

Application no:                      09/00044/OUTMAJ

Proposal:                               Demolition and clearance of existing warehouse and outbuildings and erection of proposed 2 storey primary health care centre (Use Class D1) including ancillary office accommodation.

Location:                                Friday Street Depot, Friday Street, Chorley

Decision:

It was proposed by Councillor Julia Berry, seconded by Councillor Harold Heaton, and was subsequently RESOLVED to defer to General Purposes Committee for the decision with a recommendation to permit Outline planning permission subject to a legal agreement and conditions. Refuse if the legal agreement is not signed by 24 April 2009.

Report of Corporate Director (Business) (enclosed)

Prior notification for Telecom – refused.

Application no:          09/00018/TEL

Proposal:                   Prior notification for erection of a 15m high monopole, 3 no. 3G antennas and equipment cabinet.

Location:                    Land 100m South of BWFC Training Ground Building, Euxton Lane, Euxton

Decision:

It was proposed by Councillor David Dickinson, seconded by Councillor Simon Moulton, and was subsequently RESOLVED to refuse prior notification for the erection of a 15m high monopole for the following reason:

The proposed development is contrary to PPG8 and PS12 of the adopted Chorley Borough Local Plan Review in that it will be unduly prominent and intrusive within the street-scene and detrimental to the character and appearance of the area by reason of its siting and appearance. Furthermore the Council is not satisfied the applicant is seeking to meet their operational needs in a manner which minimises environmental and visual impact.

Report of Corporate Director (Business) (enclosed)

Planning permission refused.

Application no:          09/00053/FUL

Proposal:                   Retrospective application to retain 4 no. lighting columns

Location:                    The Boatyard Inn, Bolton Road, Withnell, Chorley

Decision:

It was proposed by Councillor Julia Berry, seconded by Councillor June Molyneaux, and was subsequently RESOLVED to refuse the retrospective planning application for the following reason:

The site is in the Green Belt and the area has a strong rural character. It is considered that the type of lighting proposed is above the minimum required for security and public safety and the proposal is therefore considered contrary to Policy EP21A of the Adopted Chorley Borough Local Plan Review. The lights would introduce a block of light that would undermine the character of the rural area and have a detrimental impact on the visual amenity of the Green Belt contrary to PPG2: Green Belts.

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 the erecting of four lighting columns at the Boatyard Inn, Bolton Road, Withnell.

A retrospective planning application had been determined earlier on the agenda and the Members of the Committee had decided to refuse planning permission.

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 four lighting columns at The Boatyard Inn, Bolton Road, Chorley

Remedy for Breach

Remove the four lighting columns from the land

Period for compliance

Three months

Reason:

The site is within the designated Green Belt and the area has a strong rural character. It is considered that the type of lighting proposed is above the minimum required for security and public safety and the proposal is therefore considered contrary to Policy EP21A of the Adopted Chorley Borough Local Plan Review. The lights would introduce a block of light that would undermine the character of the rural area and have detrimental impact on the visual amenity of the Green Belt contrary to PPG2: Green Belts.

Report of Corporate Directorate (Governance) (enclosed)

The Corporate Director (Governance) submitted a report for Members to consider formal confirmation of the Tree Preservation Orders listed in the report.

RESOLVED

(a)       That the following Tree Preservation Orders be formally confirmed without modification:

The Chorley Borough Council Tree Preservation Order No.2 (Chorley) 2008;

The Chorley Borough Council Tree Preservation Order No.5 (Chorley) 2008;

The Chorley Borough Council Tree Preservation Order No.6 (Rivington) 2008;

The Chorley Borough Council Tree Preservation Order No.7 (Croston) 2008

The Chorley Borough Council Tree Preservation Order No.9 (Chorley) 2008

(b)       That the Tree Preservation Order named below be formally confirmed subject to the following modification, namely that T.2 and T.4 specified in the schedule to the Order be deleted from inclusion within the Order on the grounds of their decayed condition:

The Chorley Borough Council Tree Preservation Order No.3 (Ulnes Walton) 2008

Report of Corporate Director (Business) (enclosed)

The Corporate Director (Business) submitted a report giving notification of the lodging of one appeal against the refusal of planning permission, one appeal that had been dismissed and a Government Office decision for a Listed Building Consent application.

RESOLVED – That the report be noted.

Table of decisions determined on 3 February 2009 (enclosed)

Table of decisions determined on 10 February 2009 (enclosed)

Table of decisions determined on 18 February 2009 (enclosed)

The Committee received for information, tables listing seven 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 3 February, 10 February and 18 February 2009.

RESOLVED – That the table be noted.

Schedule of applications determined between 22 January and 12 February 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 22 January and 12 February 2009.

RESOLVED – That the schedule be noted.

Report of Corporate Director (Business) circulated at the meeting