Agenda and minutes

Apologies for absence were submitted on behalf of Councillors Birchall, T Gray, Edgerley and Morgan.

Members of the Committee are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda in accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and the Members Code of Conduct.  If the personal interest is a prejudicial interest, then the individual Member should not participate in a discussion on the matter and must withdraw from the Council Chamber and not seek to influence a decision on the matter.

In accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and the Member’s Code of Conduct, the following Members declared a respective interest in relation to the Planning Applications indicated below, which were included on the meeting’s agenda for determination:

Councillor David Dickinson – Item 6, A1: Planning Application 05/00366/FULMAJ

Councillor Peter Malpas – Item 7: Planning Application 04/01457/OUTMAJ

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 28 June 2005 (enclosed).

RESOLVED – That the minutes of the meeting of the Development Control Committee on 28 June 2005 be confirmed as a correct record and signed by the Chair.

Report of Head of Planning Services (enclosed)

The Head of Planning Services presented a report to explain the requirements of Part 8 of the Anti-social Behaviour Act 2003 that introduces new powers to deal with complaints about high hedges and to enable a fee structure to be set.

Part 8 of the Anti-Social Behaviour Act 2003 and the High Hedges (Appeals) Regulations 2005, gave District Councils powers to deal with complaints about high hedges and came into operation on 1 June 2005. The legislation makes provision for Councils to determine complaints by owners/ occupiers of domestic property adversely affected by evergreen/ semi-evergreen hedges over two metres high.

The legislation requires people to have taken reasonable steps to try and settle their high hedge dispute before complaining to the Council. The Council’s role is not to mediate or negotiate between the complainant and the hedge owner but to adjudicate on whether – in the words of the act – the hedge is adversely affecting the complainant’s reasonable enjoyment of their property. In doing so, the Council must take account of all relevant factors and must strike a balance between the competing interests of the complainant and hedge owner, as well as the interests of the wider community.

The Government had allowed Council’s to decide whether and at what level it was appropriate that fees should be set. The majority of the respondents to the Government’s consultation believed that a fee of between £300 - £600 would be sufficient.

The Head of Planning Services recommended the setting of a fee of £500 in order to reflect the Council’s costs. This fee would be reviewed subsequently if it became apparent that the level of work was significantly different from that anticipated.

The Council had given delegated power to the Head of Planning Services to decide the complaints, but the setting of the fees was a decision for the Committee.

A number of Councillors considered that the suggested £500 fee was too excessive, but a proposal to charge a lower fee of £135.00 was defeated.

It was moved by the Chair (Councillor A Lowe), seconded by Councillor Harold Heaton and subsequently RESOLVED (14:9):

That the report be noted and the Fee for the processing of complaints of high hedges be set at £500.

It was further moved by Councillor A Whittaker, seconded by Councillor R Parr (Vice-Chair) and subsequently RESOLVED:

That the officers be given the authority to waive the application fee in extreme cases of hardship.

It was further moved by the Chair (Councillor A Lowe), seconded by Councillor R Parr and subsequently RESOLVED:

1.         That the fee be reviewed in 6 months in the light of the number of complaints processed.

2.         That the Council make representation to the Office of the Deputy    Prime Minister expressing disappointment that the problems created by the planting of high hedges had not been addressed.

Report of Head of Planning Services (enclosed)

The Committee received a report of the Head of Planning Services giving notification of the lodging of appeals against the refusal of planning permission for three developments; one appeal that had been withdrawn; one planning appeal that had been dismissed and one appeal that had been allowed by the planning inspectorate.

RESOLVED – That the report be noted.

Report of Head of Planning Services (enclosed)

The Head of Planning Services submitted reports on a number of planning applications to be determined by the Committee.

RESOLVED – That the planning applications, as now submitted, be determined in accordance with the Committee’s decisions as recorded below:

(Councillor David Dickinson declared an interest in the following application and left the meeting during the discussion and voting on the proposal).

Application No:            05/00366/FULMAJ

Proposal:                 Construction of 9 hole golf course, two fishing lakes and two ancillary buildings for use as a clubhouse and machinery/maintenance store.

Location:                  Moss Side Farm, Bury Lane, Withnell, Chorley

Decision:

It was moved by Councillor H Heaton, seconded by the Chair (Councillor A Lowe) and subsequently RESOLVED that the application be deferred to allow further negotiations by the Officers with the applicant.

Application No:            05/00493/FULMAJ

Proposal:                 Improvements to existing outdoor education centre, including installation of climbing towers, adventure rope courses, all weather pitch, new classroom facility, timber deck for pond dipping, improvements and extensions to footpath network to widen access, and extensive planting works.

Location:                  The Anderton Centre, New Road, Anderton, Chorley

Decision:

It was moved by Councillor Whittaker, seconded by Councillor H Heaton and subsequently RESOLVED that permission be granted, subject to the following conditions:

1. Details and samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority before any on-site work commences.  All works shall be undertaken strictly in accordance with the details as approved.

Reason: To ensure that the external appearance of the building(s) is satisfactory in accordance with policy GN5 of the Chorley Borough Local Plan Review 2003.

2. Plans and particulars showing the alignment height and materials of all walls and fences and other means of enclosure, shall be submitted to, and approved in writing by, the Local Planning Authority, and development shall not be commenced before these details have been approved.  Such details as may be agreed shall be implemented in their entirety prior to the first occupation of the building to which these elements relate, maintained for a period of five years and any structural or decorative defect appearing during this period shall be rectified and the enclosure shall thereafter be retained.

Reason: In order that the Council may be satisfied with the enclosure details of the proposal and its implementation and retention in accordance with policy GN5, and DC1 of the Chorley Borough Local Plan Review 2003.

3. Plans and particulars showing a scheme for land drainage, shall be submitted to, and approved in writing by, the Local Planning Authority, and development shall not be commenced before these details have been approved, unless otherwise agreed in writing.  Such works shall be carried out in accordance with the approved details concurrently with the rest of the development and in any event shall be finished before the building is occupied.

Reason: In order that the Council may be satisfied with the details of the proposal and to avoid surface water flooding in accordance with policy EP18 of the  ...  view the full minutes text for item 6.

Report of Head of Planning Services (enclosed).

Councillor P Malpas declared an interest in the item. He stayed in the meeting but took no part in the discussions or voting on the item.

The Head of Planning Services presented a report advising the Planning Committee on the decision made by the Government Office of the North West on Application: 04/01457/OUTMAJ for the development of land adjacent to the Training Centre, Carr Lane, Chorley for residential purposes.

At the Development Control Committee in April 2005, Members had been minded to grant planning permission for the proposal, subject to the referral of the application to the Government Office of the North West (GONW) as a projected departure from development plan policies.

GONW has now confirmed that they did not intend to call the application in for determination by the Secretary of State and, therefore the Borough Council could now determine the proposal locally.

RESOLVED that planning permission be granted, subject to the prior completion of a Section 106 Legal Agreement and to the following conditions:

1.      That a scheme for the implementation of a surface water drainage of the site together with sustainable drainage techniques, and for the foul drainage of the site, shall be agreed with the Local Planning Authority and form part of the detailed reserved matters application; the scheme shall also incorporate a separate system for foul and surface water drainage, while the land drainage system or sub soil drainage water shall not be connected to the public sewer; subsequently the approved scheme shall be implemented as part of the overall site development.

Reason: To ensure satisfactory site drainage for the avoidance of any floodrisk, and to accord with Polity EP18 of the Chorley Borough Local Plan Review.

2.      The application for the approval of Reserved Matters shall be accompanied by a detailed scheme shall be submitted to the Local Planning Authority for its approval in respect of any alteration to the existing site levels; the scheme shall include a topographic survey including tree canopies together with details of levels as existing and proposed as well as the details of any fill and the transportation methodology; the existing soil levels around the site perimeter trees shall be maintained as existing.  Such details shall include existing and proposed cross sections and spot heights.

Reason: In order to retain control over the topography of the site in the interests of safeguarding visual and residential amenity as well as ensuring the longevity of site perimeter trees that will be retained, and in accordance with Policy GN5 of the Local Plan Review.

3.      Before the development hereby permitted is first commenced full details of the 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 plan(s).  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  ...  view the full minutes text for item 7.

Report of Head of Planning Services (enclosed)

The Committee received, for information, reports by the Head of Planning Services of the following former category ‘B’ development proposals which had, or were intended to be, determined by the Chief Officer under the adopted scheme of delegations, following consultation with the Chair and Vice-Chairman of the Committee.

a)     Schedule of applications

Application No:            05/00514/FUL

Proposal:                 Erection of a detached three bedroom L-shaped bungalow. The bungalow is set back from Lawton Close and comprises of a gabled frontage with a secondary bay set back utilising a hipped roof. Two car parking spaces are proposed in front.

Location:                  Land on Lawton Close and Rear of 383 Blackburn Road, Wheelton Lancashire

Decision:                  Permit

Application No:05/00555/COU

Proposal:                 Change of use from residential to offices (Class A2). The change will not require any external alterations and the internal layout will remain the same.

Location:                  25 Halliwell Street, Chorley

Decision:                  Permit

Application No:05/00598/FUL

Proposal:                 Erection of two stables and a hay barn both for private use only

Location:                  Land on Roscoe Lowe Hill, North of Roscoe Lowe Farm, New Road, Anderton, Lancashire.

Decision:                  Permit

Application No:05/00608/COU

Proposal:                 Change of use of land to domestic curtilage.

Location:                  Learoy, Preston Road, Charnock Richard, Chorley

Decision:                  Permit

b) Application No:05/00549/FUL

The Committee noted the Head of Planning Services under delegated powers had refused application 05/00549/FUL for the creation of a Go-Kart track adjacent to Euxton Park Golf Driving Range, Euxton Lane, Euxton Chorley.

RESOLVED: That the Head of Planning Services be requested to re-open negotiations with the applicant with a view to resubmission of the application.

Report of Head of Planning Services (enclosed)

The Head of Planning Services presented, for Members information, a schedule listing the remainder of the planning applications that had been determined by the Chief Officer under his delegated powers between 16 June 2005 and 13 July 2005.

Report of Head of Planning Services (enclosed)

The Head of Planning Services presented a report to update the Committee on the project to restore the Listed Building. The Listed Building has been the subject of a lengthy restoration campaign led by a local Trust. Eventually a Heritage Lottery Fund (HLF) grant was awarded towards the work and the preparatory steps were underway. However even with a large HLF grant, at current prices there was an emerging shortfall of over £1M.

RESOLVED That the Report be noted.

Report of Head of Planning Services (enclosed)

The Head of Planning Services presented a Report recommending the instigation of enforcement proceedings to secure the removal of a boundary wall and stable which had been constructed at Cam Lane Cottage, Cam Lane, Clayton-Le-Woods without planning permission.

RESOLVED:

a)     That it is expedient to issue an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 in respect of the following breaches of planning control –

1.     without planning permission, the erection of a boundary wall exceeding 2 metres in height.

2.     without planning permission, the erection of a stable block.

b)     That the Director of Legal Services be authorised to issue an enforcement notice in the following terms  

Requirements of the Enforcement Notice

1. Reduce the height of the boundary wall to a maximum height of 2 metres  

2. Demolish the stable block and remove the materials from the land.

Period for compliance

2 months

Reasons

Wall

The proposed development would be detrimental to the visual amenities within the Green Belt by reason of its siting, materials and design. The proposal is inappropriate development within the Green Belt and is therefore contrary to Government advice contained in    PPG2: Green Belts and Policy DC1 of the Adopted Chorley Borough Local Plan Review.

Stable Block

The proposed development for stables creates an intrusive feature within the area and is detrimental to the surrounding landscape. The proposal is unacceptable by reason of its size, siting and materials. The proposal is contrary to Policy EP8 of the Adopted Chorley Local Plan Review 2003.