Agenda, decisions and minutes

No apologies for absence were received.

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

Councillor Mike Devaney – 09/00749/FULMAJ

To confirm the minutes of the Development Control Committee meeting held on 10 November 2009 (enclosed).

RESOLVED – That the minutes of the Development Control Committee meeting held on 10 November 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 application on our website.

http://planning.chorley.gov.uk/PublicAccess/TDC/tdc_home.aspx

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).

Application deferred to the next meeting of Development Control Committee

Application no:                      09/00873/FUL

Proposal:                   Replacement of agricultural workers dwelling, re-use and relocation of former dwelling as fishing training centre (re-submission of planning application 09/00678/FUL)

Location:                    Orcheton House Farm, Wood Lane, Heskin

Decision:

Application withdrawn from this agenda.

Report of Corporate Director (Business) (enclosed).

Application deferred to the next meeting of Development Control Committee

Application no:                      09/00714/FULMAJ

Proposal:                   Erection of 37 affordable dwellings with external amenity space and off street parking at Fairview Farm, Adlington

Location:                    Land adjacent Fairview Farm (including Land Bounded by Chorley Road, Eller Brook and Railway) Chorley Road, Adlington

Decision:

Application withdrawn from this agenda

Report of Corporate Director (Business) (enclosed).

Planning permission granted subject to a Legal Agreement

The Committee received representations from the applicant’s agent)

Application no:                      09/00640/FUL

Proposal:                   Demolition of existing bungalow and erection of 7 two storey detached dwellings with associated garages and infrastructure (re-submission of application 09/0054/FUL)

Location:                    4 Ewell Close, Chorley

Decision:

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

1. 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 of the Adopted Chorley Borough Local Plan Review.

2. 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, to ensure that there is not 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.

3. 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.

4. In accordance with the recommendations set out in the Conclusions and Recommendations of the Bat survey Results dated 31^st August 2009, any loose roofing tiles and wooden hanging tiles should be dismantled by hand.

Reasons: In the interests of species protection and in accordance with Policy EP4 of the adopted Chorley Borough Local Plan Review and PPG9

5. No development shall take place until a scheme for the installation of bat and bird boxes on the site (as required in the recommendations contained in paragraph 4.6 of the Ecological Survey and Assessment) has been submitted to an approved in writing by the Local Planning Authority.

Reasons: In the interests of species protection and in accordance with PPG9 and policy EP4 of the Adopted Chorley Borough Local Plan Review.

6. 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 and EM2 of the Adopted Chorley Borough Local Plan Review.

7. No development shall take place until a scheme detailing the on-site measures to be installed and implemented so as to reduce carbon emissions, by the figure set  ...  view the full minutes text for item 101c

Report of Corporate Director (Business) (enclosed).

Planning permission refused

(The Committee received representations from an objector to the proposals and the Applicant’s Agent)

Application no:                      09/00708/FUL

Proposal:                   Erection of a detached bungalow (resubmission of application 09/00708/FUL)

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

Decision:

It was proposed by Councillor Keith Iddon, seconded by Councillor David Dickinson, and was subsequently RESOLVED to refuse planning permission for the following reason:

The proposed development by reason of its size, siting and the restricted plot dimensions, would result in an unsatisfactory, cramped form of development, out of character with the surrounding area. As such the proposal is considered to be contrary to Government advice contained in PPS1, PPS3 and Policy HS4 of the Adopted Chorley Borough Local Plan Review.

Report of Corporate Director (Business) (enclosed).

Planning permission granted subject to a Legal Agreement

Application no:                      09/00780/FUL

Proposal:                   Erection of 3 detached dwellings and associated infrastructure on land to rear of 54 to 64 Lancaster Lane (extension previously permitted scheme, utilising access road approved by 09/00354/FULMAJ)  

Location:                    Land 50m South of 54 to 64, Lancaster Lane, Clayton-Le-Woods

Decision:

It was proposed by Councillor Keith Iddon, seconded by Councillor Dennis Edgerley, and was subsequently RESOLVED (10:6) to grant planning permission, with Councillors Henry Caunce, Mike Devaney, Dennis Edgerley, Harold Heaton, Keith Iddon, Roy Lees, June Molyneaux, Simon Moulton, Mick Muncaster and Geoff Russell voting for the proposal and Councillors Julia Berry, Judith Boothman, Alistair Bradley, David Dickinson, Chris France and Ralph Snape voting against the proposal, (Councillor Ken Ball abstained from the vote) 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. 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.

3. The garages hereby permitted shall be kept freely available for the parking of cars, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995.

Reason:  To ensure adequate garaging/off street parking provision is made/maintained and thereby avoid hazards caused by on-street parking and in accordance with Policy No. TR4 of the Adopted Chorley Borough Local Plan Review

4. The development shall be carried out in accordance with the ground investigation report Ref 06203 and its associated addendum report.

Reason: In the interests of safety and in accordance with PPS23.

5. No dwelling hereby permitted shall be occupied until that part of the road which provides access to it from the public highway has been constructed in accordance with the approved plans and the approved planning application reference 07/00685/FUL.

Reason:  In the interests of highway safety and in accordance with Policy No.TR4 of the Adopted Chorley Borough Local Plan Review.

6. Prior to the commencement of the development full details of the predicted energy use of the development expressed in terms of carbon emissions shall be submitted to an approved in writing by the Local Planning Authority. 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 in accordance with policy SR1 of the Sustainable Resources DPD. 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  ...  view the full minutes text for item 101e

Report of Corporate Director (Business) (enclosed).

Planning permission granted subject to a Legal Agreement

Application no:                      09/00850/FUL

Proposal:                   Re-plan of part of the site including the construction of 8 dwellings, parking court and associated garages (amendment to reserved matters approval 07/01226/REMMAJ), including the erection of 1 additional dwelling.

Location:                    Formerly Multipart Distribution Limited, Pilling Lane, Chorley

Decision:

It was proposed by Councillor Alistair Bradley, seconded by Councillor Dennis Edgerley, 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 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 external facing materials detailed on plan reference 400/PM01 Rev A, received 23^rd November 2009, 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. GN5 of the Adopted Chorley Borough Local Plan Review

6. The development hereby permitted shall not commence until full details of the colour,  ...  view the full minutes text for item 101f

Report of Corporate Director (Business) (enclosed).

Planning permission granted subject to a Legal Agreement

Application no:                      09/00745/FULMAJ

Proposal:                   Proposed residential development. Erection of 66 dwellings and associated infrastructure

Location:                    Quarry Road Industrial Estate, Quarry Road, Chorley

Decision:

It was proposed by Councillor Mike Devaney, seconded by Councillor Dennis Edgerley 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. 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. Before the development hereby permitted is first commenced full details of existing and proposed ground levels and 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 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  ...  view the full minutes text for item 101g

Report of Corporate Director (Business) (enclosed).

Planning permission granted subject to a Legal Agreement

(Councillor Mike Devaney declared a personal interest but stayed in the meeting)

Application no:                      09/00749/FULMAJ

Proposal:                   Erection of 37 dwellings (amendment to layout, design, landscaping and external appearance approval as part of planning approval 02/00680/REMMAJ)

Location:                    Land between Froom Street and Crosse Hall Lane, Chorley

Decision:

It was proposed by Councillor Devaney, 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. All vehicles entering and leaving the site in connection with the construction of the development hereby permitted shall only do so via the new access road and canal bridge permitted under planning permission 9/98/00208/FUL, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of highway safety and the amenities of local residents and in accordance with Policy TR4 of the Adopted Chorley Borough Local Plan Review.

3. Before any development hereby permitted is first commenced the temporary protective metal fencing along the full length and both sides of Black Brook shall have been erected in accordance with the approved details. The fencing, thereafter, shall remain in place at all times during the course of the permitted development being carried out, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the watercourse and prevent debris and construction material from encroaching into this area and in accordance with Policy EP17 of the Adopted Chorley Borough Local Plan Review.

4. Before the development hereby permitted is first commenced there shall have been submitted to and approved in writing by the Local Planning Authority a method statement for providing protection to protected species during the course of the development and a ten year plan (including provision for protecting all protected species and their habitats) for the maintenance and management of all areas other than garden curtilages and highways. Thereafter, the approved method statement and ten year maintenance and management plan shall be fully complied with and implemented in full.

Reason: In the interests of the visual amenities of the development, the amenities of future residents and nature conservation and in accordance with Policies GN5 and EP4 of the Adopted Chorley Borough Local Plan Review and Government advice contained in PPS9.

5. The development hereby permitted shall be carried out in accordance with the approved scheme for the provision and implementation of a surface water regulation system to limit surface water run off from the completed development to existing rates.

Reason: To reduce the increased risk of flooding and in accordance with Government advice contained in PPS25: Development and Flood Risk.

6. The development hereby permitted shall be carried out in accordance with the approved details of the measures to be taken, during the period of construction, to prevent mud and other debris being carried  ...  view the full minutes text for item 101h

Report of Corporate Director (Business) (enclosed).

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

RESOLVED – That the report be noted.

The Committee received for information, tables listing seven 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 10, 20, 24 and 25 November 2009.

RESOLVED – That the tables be noted.

Schedule of applications determined between 29 October and 25 November 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 29 October and 25 November 2009.

RESOLVED – That the schedule be noted.

Report of Corporate Director (Governance) (enclosed).  Location plan showing the current and proposed footpaths will be circulated at the meeting.

RESOLVED – That this item be deferred.

Report of Corporate Director (Governance) (enclosed).

The Corporate Director (Business) submitted a report for Members to consider a formal confirmation of two Tree Preservation Orders. No objections had been received in response to the making of the orders and it was subsequently RESOLVED to confirm the following Tree Preservation Orders without modification:

(1)       The Chorley Borough Council Tree Preservation Order No.1 (Eccleston) 2009;

(2)       The Chorley Borough Council Tree Preservation Order No.2 (Euxton) 2009

The Chair wished the Members of the Committee a Merry Christmas and a Happy New Year.

Report of Corporate Director (Business) circulated at the meeting (enclosed)