Agenda and minutes

The Chair welcomed Rosaleen Brown, Solicitor from Legal Services who was attending her first meeting of the Committee.

On behalf of the Committee, the Chair expressed sympathy to Councillor Birchall on the death of his mother.

Apologies for absence were received from Councillors Birchall, Brown, D Gee, Livesey, Parr and Whittaker.

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 Members’ Code of Conduct, the following Member declared a respective interest in relation to the Planning Application listed below, which were included on the meeting’s agenda for determination.

Councillor David Dickinson – Item 5, A.1:Planning Application 05/00366/FULMAJ.

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 30^th August 2005

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 30 August 2005 be confirmed as a correct record and signed by the Chair.

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of the lodging of appeals against the refusal of planning permission for one development, one appeal that had been withdrawn, one appeal that had been allowed and notification of two instances were planning permission had been granted by the Lancashire County Council.

RESOLVED – That the report be noted.

Report of the 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, Lancashire.

RESOLVED: that permission be granted (subject to Section 106) and the following conditions:

1. The approved plans are:

Plan Ref.                         Received On:                       Title:

3/08/05                              11/08/05                              Elevations / Plan – Facilities Building

29/06/05                            11/08/05                             Equipment Store

                                          4/04/05                              Site Location Plan

01/06                                 5/07/05                              Landscaping Information

                                          6/05/05                              Site Access Detail – Bury Lane

07/01                                 23/05/05                             Levels / Contours Plan

08&03             21/06/05                             Areas of Cut & Fill

10/02               4/04/05                              Fishing Lake Details

11/02               4/04/05                              Sections – Fishing Lakes

5/0                   11/08/05                              Drainage Details

                                          22/09/05                             Passing Place Details

11/02                                 21/06/05                             Bunker Construction Details

16                                      21/06/05                             Car Park Details

09/02                                 21/06/05                             Lake Details / Connecting Stream

20C                                   21/06/05                             Layout Area of Buildings

19A                                   21/06/05                             Site Sections ; A / B

19B                                   21/06/05                             Site Sections : C / D / E

R1                                     21/06/05                             Site Master Plan ( Simplified )

20B                                   21/06/05                             Example of hole construction

20A                                   21/06/05                 Example of hole construction                                                         

Reason:  To define the permission and in the interests of the proper development of the site.

2. That prior to the commencement of any development works on site, the applicant / developer shall undertake an ecological survey of the application site to establish the existence or not of any important flora, fauna or other habitats on site. The requisite information shall be presented in an ecological management plan which shall identify any measures of mitigation and enhancement of the ecology of the site over a five year period that the Plan ought to cover.
Reason : In the interests of maintaining and improving ecological interests on the site and to accord with policies EP5 and EP10 of the Adopted Chorley Borough Local Plan Review .

3. Prior to the commencement of any development works on site, the applicant / developer shall submit a timetable for the works involved in the construction of the golf course hereby permitted.  There shall be no significant construction works undertaken on site, unless otherwise agreed with the Local Planning Authority, during the period of March to July which constitutes the bird breeding season.
Reason : To ensure that there is a recognised formulated basis upon which to undertake the approved development and to avoid conflict with nature conservation interests on site ; to accord with the provisions of policy EP10 of the Adopted Local Plan Review .       

4. As a part of the construction of the golf course there shall be no exportation of earth or top soil from the site, while the only importation of bulk  ...  view the full minutes text for item 29.

The Committee received for information, reports by the Head of Planning Services on 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.

Application No:            05/00780/FUL

Proposal:                 Road level parking spaces with under storage access from lower garden.

Location:                  Land diagonally opposite 22 Viaduct Road, Hoghton, Lancashire PR5 0SE

Decision:                  Permission

Application No:05/00794/COU

Proposal:                 Change of use from A1 (shop) to A4 (wine bar).

Location:                  Shop Unit 12, The Carrington Centre, New Mill Street, Eccleston, Lancashire

Decision:                  Approval

RESOLVED – That the report be noted.

The Head of Planning Services presented, for members’ information, a schedule listing the remainder of the planning applications which had been determined by the Chief Officer under his delegated powers between 18 August and 14 September 2005.

RESOLVED – That the schedule be noted.

Report of the Head of Planning Services (enclosed).

The Head of Planning Services submitted a report seeking the Committee’s instructions in respect of the instigation of enforcement action to secure the removal of a front porch at 38 Well Orchard, Clayton-Le-Woods, in the light of the Committee’s earlier decision to refuse retrospective planning permission for the single storey rear extension conversion of garage to living accommodation and single storey front extension.

RESOLVED:

1.         That it is expedient to issue an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 in respect of development not built in accordance with approved plans.

2.         That the Director of Legal Services be authorised to issue an Enforcement Notice in the following terms:

     Requirements of the Enforcement Notice

     Period for Compliance

          3 months

          Reasons

The front porch is contrary to the Council’s approved House Extension Design Guidelines and Policy HS9 of the Adopted Chorley Borough Local Plan Review by reason of its design and external appearance.  The porch is poorly related visually to the existing dwelling, of poor design and unacceptable scale hence it has resulted in detrimental harm to the character and appearance of the street scene and the applicant’s property.

The rear extension is contrary to the Council’s approved House Extension Design Guidelines and Policy HS9 of the Adopted Chorley Borough Local Plan Review by its size and siting in relation to neighbouring property.  The proposed extension has a detrimental effect on the amenities, which the occupiers of the neighbouring property could reasonably expect to enjoy, in particular due to loss of light, overbearing impact and overshadowing.

Acceptance of the porch and the increase in height of the roof above the rear extension would make it difficult for the Council to resist similar extensions and alterations to neighbouring dwellings resulting in a gradual erosion of the character and appearance of the locality contrary to the House Extension Design Guidelines and Policy Nos. HS9 and GN5 of the Adopted Chorley Borough Local Plan Review.

Report of the Head of Planning Services (enclosed).

The Committee received a report of the Head of Planning Services informing the Committee on the details of the appeal decision relating to planning application 05/00164/FUL erection of replacement dwelling, Pike View Farm, New Road, Anderton.

The Committee discussed the report and noted the difficulties in policing the rolling period of ten years in relation to certificates of lawfulness.

RESOLVED:

1.         That the report be noted.

2.         That a letter be sent to the Local Government Association highlighting the difficulties in policing the rolling period of ten years in relation to certificates of lawfulness.

The Chair advised the Committee that Mr Alan Croston (Head of Planning Services), who was present at the meeting, would be leaving the Authority after 31 years service.

The Chair and the Committee thanked Mr Croston for his professional approach and dedicated service and extended best wishes for the future.