Agenda, decisions and minutes

Apologies for absence were received from Councillors Henry Caunce and Ralph Snape

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.

No declarations of interest were declared.

To confirm the minutes of the Development Control Committee meeting held on 13 October 2009 (enclosed)

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 13 October 2009 be held 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 nine planning 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 further dialogue to take place between the developer and the planning officers.

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

(The Ward Representative Councillor Adrian Lowe also spoke against the proposals)

Application no:                      09/00640/FUL

Proposal:                   Demolition of existing bungalow and erection of 7 two storey detached dwellings with associated garages and infrastructure.

Location:                    4, Ewell Close, Chorley

Decision:

It was proposed by Councillor Dennis Edgerley, seconded by Councillor Alistair Bradley and was subsequently RESOLVED (12:2) to defer the decision to allow for further dialogue between the planning officers and the developer.

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to a Legal Agreement

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

Application no:                      09/00696/FULMAJ

Proposal:                   Residential development comprising 40 dwellings and associated access roads

Location:                    Land between Waggon and Horses Public House and Summerfields, Chapel Lane, Coppull

Decision:

It was proposed by Councillor Ken Ball, seconded by Councillor Roy Lees, and was subsequently RESOLVED (10:2) to grant planning permission subject to a legal agreement on contribution to play space provision and affordable housing 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 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.

3. 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

4. During the construction period, all trees to be retained shall be protected by 1.2 metre high fencing as specified in paragraph 8.2.2 of British Standard BS5837:2005 at a distance from the tree trunk equivalent to the outermost limit of the branch spread, or at a distance from the tree trunk equal to half the height of the tree (whichever is further from the tree trunk), or as may be first agreed in writing with the Local Planning Authority. No construction materials, spoil, rubbish, vehicles or equipment shall be stored or tipped within the  ...  view the full minutes text for item 94b

Report of Corporate Director (Business) (enclosed)

Outline planning permission granted

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

Application no:                      09/00665/OUTMAJ

Proposal:                   Outline application for residential development (specifying access)

Location:                    Park Mills, Deighton Road, Chorley

Decision:

It was proposed by Councillor Roy Lees, seconded by Councillor David Dickinson, and was subsequently RESOLVED to grant outline planning permission subject to a Legal Agreement and the following conditions:

1. An application for approval of the reserved matters (namely layout, external appearance of the buildings, scale 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 development hereby permitted shall be carried out in accordance with the approved indicative Masterplan (reference 09-026 Drawing No: 001 Rev E October 2009), in relation to the scale, including building heights, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure an acceptable form of development for the site within the parameters of the outline permission.

3. No development shall take place until:

a)         A methodology for investigation and assessment of ground contamination has been submitted to and agreed in writing with the Local Planning Authority.  The investigation and assessment shall be carried in accordance with current best practice including British Standard 10175:2001 ‘Investigation of potentially contaminated site - 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;

b)        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;

c)         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 shall be submitted to the Local Authority.

Thereafter, the development shall only be carried out in full accordance with the approved remediation proposals.

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, in accordance with PPS23.

4. No part of the development hereby permitted shall not be occupied until the two vehicular accesses have been constructed in accordance with plans, which have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be carried out in accordance with the approved plans unless otherwise agreed in writing by the Local Planning Authority.

Reason:  ...  view the full minutes text for item 94c

Report of Corporate Director (Business) (enclosed)

Deferred to allow the Members of the Committee to attend a site visit of the proposed development

(The Committee received representations from an objector to the proposals, the applicant’s agent and the ward representative, Councillor Edward Smith who spoke against the development)

Application no:                      09/00708/FUL

Proposal:                   Erection of detached bungalow

Location:                    Land 15m West of 176, Wood Lane, Heskin

Decision:

It was proposed by Councillor Dennis Edgerley, seconded by Councillor Mick Muncaster, and was subsequently RESOLVED to defer the decision to allow the Members of the Committee to visit the site of the proposed development.

Report of the Corporate Director (Business) (enclosed)

Full planning permission granted

Application no:                      09/00594/FULMAJ

Proposal:                   Re-plan of part of the site including the construction of 42 dwellings, garages and associated works (amendment to reserved matters approval 07/01228/REMMAJ) Including amendments to existing parking areas to serve plots 343-351 and 371

Location:                    Formerly Multipart Distribution Limited, Pilling Lane, Chorley

Decision:

It was proposed by Councillor Dennis Edgerley, seconded by Councillor Simon Moulton, and was subsequently RESOLVED 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. The development hereby permitted shall only be carried out in conformity with the proposed ground and building slab levels shown on the approved plans or as may otherwise be agreed in writing with the Local Planning Authority before any development is first commenced.

Reason:  To protect the appearance of the locality and 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. 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. 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 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  ...  view the full minutes text for item 94e

Report of Corporate Director (Business) (enclosed)

Recommend full Council to grant permission

Application no:                      09/00702/CB3

Proposal:                   Erection of 8m high flagpole to display Green Flag Award

Location:                    Tatton Community Centre, Silverdale Road, Chorley

Decision:

It was proposed by Councillor Chris France, seconded by Councillor June Molyneaux, and was subsequently RESOLVED to recommend full Council to grant planning permission

Report of Corporate Director (Business) (enclosed)

Recommend full Council to grant permission

Application no:                      09/00703/CB3

Proposal:                   Erection of 8m high flagpole to display Green Flag Award

Location:                    Nature Reserve bounded by Bury Lane and Bolton Road, Withnell

Decision:

It was proposed by Councillor Keith Iddon, seconded by Councillor Simon Moulton, and was subsequently RESOLVED to recommend full Council to grant planning permission.

Report of Corporate Director (Business) (enclosed)

Full planning permission granted

Application no:                      09/00783/FUL

Proposal:                   Erection of Public House/Restaurant

Location:                    Land 65m south East of Tesco Superstore and on the South side of Foxhole Road, Chorley

Decision:

It was proposed by Councillor Keith Iddon, seconded by Councillor David Dickinson, and was subsequently RESOLVED 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. Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences and walls to be erected to the site boundaries (notwithstanding any such detail shown on previously submitted plans) shall have been submitted to and approved in writing by the Local Planning Authority.  No building shall be occupied or land used pursuant to this permission before all walls and fences have been erected in accordance with the approved details.  Fences and walls shall thereafter be retained in accordance with the approved details at all times.

Reason:  To ensure a visually satisfactory form of development, to protect the amenities of occupiers of nearby property and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

3. The development hereby permitted shall only be carried out in conformity with the proposed ground and building slab levels shown on the approved plans or as may otherwise be agreed in writing with the Local Planning Authority before any development is first commenced.

Reason:  To protect the appearance of the locality and in the interests of the amenities of local residents and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

4. 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.

5. The use hereby permitted shall be restricted to the hours between 10.00 hours and 00.00 hours Monday to Thursday, 10.00 hours and 01.00 hours Friday and Saturday and 11.00 hours and 00.00 hours on Sundays.

Reason: To define the permitted opening hours and in accordance with Policy Nos. EP20 of the Adopted Chorley Borough Local Plan Review.

6. 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  ...  view the full minutes text for item 94h

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to a Legal Agreement

Application no:                      09/00750/FUL

Proposal:                   Resubmission of application 09/00150/FUL amendment to previously approved layout (08/00203/FULMAJ) and erection of 7 detached houses/infrastructure on adjacent plot

Location:                    605, Preston Road, Clayton-Le-Woods, Chorley

Decision:

It was proposed by Councillor Keith Iddon, seconded by Councillor David Dickinson, and was subsequently RESOLVED (6:4) to grant planning permission subject to a Legal Agreement and the conditions listed below, with Councillors David Dickinson, Harold Heaton, Keith Iddon, Simon Moulton, Mick Muncaster and Geoff Russell voting for and Councillors Julia Berry, Alistair Bradley, Mike Devaney and Chris France voting against the proposals.

Councillors Ken Ball, Judith Boothman, Dennis Edgerley, Roy Lees and June Molyneaux abstained.

1. No development shall take place until full details have been submitted of the predicted energy use of the development expressed in terms of carbon emissions and a schedule setting out how energy efficiency is being addressed, including benchmark data.  It will show on-site measures to be installed and implemented so as to produce a minimum of 10% or locally set targets whichever is the higher) of the predicted energy use of the development by means of low carbon energy sources.  Appropriate on-site measures include rainwater/brown water recycling.  No development shall commence until the scheme has been 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 and Chorley Borough Council’s Adopted Sustainable Resources DPD.

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.

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  ...  view the full minutes text for item 94i

Report of Corporate Director (Business) (enclosed)

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

RESOLVED – That the report be noted.

The Committee received for information, tables listing four applications for Category ‘B’ development proposals which had been determined by the Corporate Director (Business) in consultation with the Chair and Vice Chair of the Committee at meetings held on 13 and 28 October 2009.

RESOLVED – That the tables be noted.

Schedule of applications determined between 1 and 28 October 2009 (enclosed)

The Committee received for information, a schedule listing the remainder of the planning applications determined by the Corporate Director (Business) under delegated powers between 1 and 28 October 2009.

RESOLVED – That the schedule be noted.