Agenda, decisions and minutes

An apology for absence was received from Councillor Julia Berry.

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 12 January 2010 (enclosed)

RESOLVED – That the minutes of the Development Control Committee meeting held on 12 January 2010 be confirmed as a correct record for signing by the Chair.

A list 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 the current planning applications on our website http://planning.chorley.gov.uk/PublicAccess/TDC/tdc_home.aspx

The Director of Partnerships, Planning and Policy submitted reports on seven 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.

Report of Director of Partnerships, Planning and Policy (enclosed)

Planning permission granted subject to a Legal Agreement and conditions.

(The Committee received representations from an objector to the proposals and Councillor Kevin Joyce, a Ward representative for Eccleston and Mawdesley)

Application no:                      09/00802/OUTMAJ

Proposal:                   Outline application for the erection of 70 dwelling houses with associated roads and open spaces.

Locations:                  Pontins Ltd, Sagar House, Langton Brow, Eccleston, Chorley

Decision:

It was proposed by Councillor Keith Iddon, seconded by Councillor Mike Devaney, to approve the planning application.

An amendment to the motion was proposed by Councillor Dennis Edgerley, seconded by Councillor Alistair Bradley, to refuse planning permission on the grounds that fifty percent of affordable housing on the development was not considered acceptable. Upon being put to the vote the motion was lost (6:10).

The original motion was then put to the vote and was subsequently RESOLVED (10:6) to grant outline planning permission subject to a Legal Agreement and the following conditions:

1. An application for approval of the reserved matters (namely siting, scale, 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 position, height and appearance of all fences and walls to be erected (notwithstanding any such detail shown on previously submitted plans) shall have been submitted to and approved in writing by the Local Planning Authority.  No dwelling shall be occupied until all fences and walls shown in the approved details to bound its plot have been erected in conformity with the approved details.  Other fences and walls shown in the approved details shall have been erected in conformity with the approved details prior to substantial completion of the development.

Reason:  To ensure a visually satisfactory form of development, to provide reasonable standards of privacy to residentsand in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

4. Each application for approval of Reserved Matters shall be accompanied by full details of the on-site measures to be installed and implemented so as to reduce carbon emissions, by the figure  ...  view the full minutes text for item 122a

Report of Director Partnerships, Planning and Policy (enclosed)

Planning permission refused.

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

Application no:                      09/01014/FUL

Proposal:                   Erection of 7 detached dwellings, garaging and associated infrastructure following demolition of the existing dwellings The Coppice and The Royle

Location:                    The Royle and The Coppice, Shaw Hill< whittle-Le-Woods, Chorley

Decision:

It was proposed by Councillor Keith Iddon, seconded by Councillor Chris France, and was subsequently RESOLVED to refuse planning permission for the following reasons:

1. The application is unacceptable in that it lacks sufficient detail in terms of levels and cross sections in relation to properties around the site to enable the impact to be further assessed.

2. The proposal is an unacceptable layout which gives rise to adverse impacts on the amenity of properties adjacent to plots 5, 7 and 1 as a result of an adverse relationship between dwellings, differences in levels and unacceptable impact on the streetscene.

Report of Director of Partnerships, Planning and Policy (enclosed)

Outline planning permission granted subject to conditions.

Application no:                      09/00825/OUTMAJ

Proposal:                   Demolition of existing buildings, erection of 15 units for mixed use of office and living accommodation, formation of new access to Finnington Lane, landscaping and laying out of new road and parking areas together with provision of washroom/W.C. building for canal-boat users.

Location:                    Finnington Lane Industrial Estate, Finnington Lane, Feniscowles, Withnell

Decision:

It was proposed by Councillor David Dickinson, seconded by Councillor Ken Ball, and was subsequently RESOLVED to grant outline planning permission subject to the following conditions:

1. Prior to the commencement of development details of appropriate mitigation measures to prevent pollution of the waterway during and after construction of the proposed development shall be submitted to and agreed in writing by the Local Planning Authority and thereafter implemented in accordance with the agreed details unless otherwise agreed in writing.

Reason: In order to avoid contamination of the waterway and ground water from wind blow, seepage or spillage in accordance with the guidance in PPS23 – Planning and Pollution Control.

2. Notwithstanding the submitted plans prior to the first occupation of the units, details of the proposed boundary treatment (showing height, specification, colour, materials and/or planting) shall first have been submitted to and agreed in writing by the Local Planning Authority and thereafter implemented in accordance with the agreed details unless otherwise agreed in writing.

Reason: To ensure that the external appearance of the development is satisfactory in accordance with Policy GN5 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. The development hereby permitted shall not commence until the applicant has submitted to and had approved in writing by the Local Planning Authority a report to identify any potential sources of contamination on the site and where appropriate, necessary remediation measures.  The report should include an initial desk study, site walkover and risk assessment and if the initial study identifies the potential for contamination to exist on site, the scope of a further study must then be agreed in writing with the Local Planning Authority and thereafter undertaken and shall include details of the necessary remediation measures.  The development shall thereafter only be carried out following the remediation of the site in full accordance with the measures stipulated in the approved report.

Reason: In the interests of safety and in accordance with the guidance set out in PPS23 – Planning and Pollution Control 2004.

5. Notwithstanding the submitted plans no development shall take place until a detailed scheme for the access in accordance with the plans shown in the report by PSA Design received on the 17^th November 2009 has been submitted to and agreed in writing by the Local Planning Authority in consultation with the Highway Authority and thereafter implemented in accordance with the agreed plan.

Reason: In the interests of highway safety and in  ...  view the full minutes text for item 122c

Report of Director of Partnerships, Planning and Policy (enclosed)

Planning permission granted subject to it being referred to the Government Office for the North West, Secretary of State not calling the application in for its determination and conditions.

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

Application no:                      09/00738/FULMAJ

Proposal:                   Extensions and alterations to pet food manufacturing facility including an automated finished product store (AFPS); upgraded and new extrusion process lines including a sunken mill; raw material storage; odour abatement (a roofed pine bark based biological filter system including venting chimneys, one 30 metres high); waste water treatment; additional capacity of waste recovery and recycling facilities; landscaping including earth excavation and mounding; related infrastructure.

Location:                    Golden Acres Ltd, Plocks Farm, Liverpool Road, Bretherton Leyland

Decision:

It was proposed by Councillor Keith Iddon, seconded by Councillor Mike Devaney, and was subsequently RESOLVED to grant planning permission subject to it being referred to the Government Office for the North West, the Secretary of State not calling the application in 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 approved plans are:

Plan Ref.                         Received On:                Title:

01                    18^th September 2009                      Existing Layout (July 2009)

02                    18^th September 2009                      Landscape Features

03                    18^th September 2009                      Landscape Structure

11                    18^th September 2009                      Proposed Development of

                                                                                    Golden Acres Masterplan

12                    18^th September 2009                      Masterplan

13                    18^th September 2009                      Phasing Detail- Phase One

14                    18^th September 2009                      Phasing Detail- Phase Two

15                    18^th September 2009                      Phasing Detail- Phase Three

16                    18^th September 2009                      Phasing Detail- Phase Four

17                    18^th September 2009                      Phasing Detail- Phase Five

18                    18^th September 2009                      Phasing Detail- Phase Six

19                    18^th September 2009                      Phasing Detail- Phase

                                                                                    Seven

20                    18^th September 2009                      Landscape Proposals

50 Rev P01   18^th September 2009                      Automated Finished

                                                                                    Product store elevations

51 Rev P01   18^th September 2009                      Automated Finished

                                                                                    Product store plan

52 Rev P01   18^th September 2009                      Automated Finished

                                                                                    Product Store Roof plan

53 Rev P01   18^th September 2009                      Pallet Store/ Recycling

                                                                                    Building plans and

                                                                                    Elevations

Rev P01        18^th September 2009                      IBC Store/ Raw Materials

                                                                                    Elevations

55 Rev P01   18^th September 2009                      IBC Store/ Raw Materials

                                                                                    Plan

56 Rev P01   18^th September 2009                      IBC Store/ Raw Materials

                                                                                    Roof Plan

57 Rev P01   18^th September 2009                      Impact Mitigation Drawing

58 Rev P01   18^th September 2009                      Line D/ Intake Building Plan

                                                                                    And Elevations

59 Rev P01   18^th September 2009                      Line D/ Intake Building Roof

                                                                                    Plan

60 Rev P01   18^th September 2009                      Engineers Store and Hot

                                                                                    room

61 Rev P01   18^th September 2009                      Energy Centre and Line C

                                                                                    intake

62 Rev P01   18^th September 2009                      IBC Cleaning Building

63 Rev P01   18^th September 2009                      Biomass Material Store

                                                                                    Plans and Elevations

64 Rev P01   18^th September 2009                      Bio Beds Roof Plan

65 Rev P01   18^th September 2009                      Bio Beds Floor Plan

66 Rev P01   18^th September 2009                      Bio Beds Elevations and

                                                                                    sections

67  ...  view the full minutes text for item 122d

Report of Director of Partnerships, Planning and Policy (enclosed)

Planning permission granted subject to a Legal Agreement and conditions.

Application no:                      09/00867/FULMAJ

Proposal:                   Erection of 14 residential properties with associated infrastructure and provision of car parking for existing residents.

Location:                    Land to rear of 243-289, Preston Road, Clayton-Le-Woods

Decision:

It was proposed by Councillor Mike Devaney, seconded by Councillor David Dickinson, and was subsequently RESOLVED (9:0) 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. 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 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.

5. 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  ...  view the full minutes text for item 122e

Report of Director of Partnerships, Planning and Policy (enclosed)

Planning permission granted subject to a Legal Agreement and conditions.

Application no:                      09/00739/FULMAJ

Proposal:                   Erection of 110 dwellings with associated infrastructure, open space and landscape treatment including a part amendment to the road layout previously approved as part of reserved matters approvals 05/00523/REMMAJ and 05/00525/REMMAJ

Location:                    Group 4N Land 150, West of Sibbering’s Farm, Dawson Lane, Whittle-Le-Woods

Decision:

It was proposed by Councillor Ken Ball, seconded by Councillor Simon Moulton, 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. Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences and walls to be erected (notwithstanding any such detail shown on previously submitted plans) shall have been submitted to and approved in writing by the Local Planning Authority.  No dwelling shall be occupied until all fences and walls shown in the approved details to bound its plot have been erected in conformity with the approved details.  Other fences and walls shown in the approved details shall have been erected in conformity with the approved details prior to substantial completion of the development.

Reason:  To ensure a visually satisfactory form of development, to provide reasonable standards of privacy to residentsand in accordance with Policy No. HS4 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 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 landform. In particular the scheme shall include full details of the semi- mature trees, to be planted to the rear of plots 62-63, 75-76 and along the boundary of the site with Jones Farm.

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.

5. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and  ...  view the full minutes text for item 122f

Report of Director of Partnerships, Planning and Policy (enclosed)

Outline planning permission refused.

Councillor Alistair Bradley returned to the meeting.

Application no:                      09/00996/OUT

Proposal:                   Erection of detached bungalow style residence

Location:                    Fairview, Runshaw Lane, Euxton

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Geoff Russell, and was subsequently RESOLVED to refuse planning permission for the following reason:

The proposed bungalow would be located within the Green Belt as defined by the Chorley Borough Local Plan Review. For a new dwelling to be acceptable in the Green Belt, the site upon which it is proposed must constitute a ‘rural infill’ plot. In this case, the site on which the bungalow is proposed does not constitute a single plot within an existing substantial built up frontage hence the proposed bungalow is contrary to Policy No. DC4 of the Chorley Borough Local Plan Review and PPG2.

Report of Director of Partnerships, Planning and Policy (enclosed)

The Director of Partnerships, Planning and Policy, submitted a report giving notification of one appeal that had been lodged against the refusal of planning permission, three planning applications that had been dismissed and one appeal that had been allowed. The Committee also received notification of permission for planning made by Lancashire County Council.

RESOLVED – That the report be noted.

Planning applications delegated on:

            24 December 2009 (enclosed)

            27 January 2010 (enclosed)

The Committee received for information tables listing five applications for Category ‘B’ development proposals which had been determined by the Director of Partnerships, Planning and Policy in consultation with the Chair and Vice Chair of the Committee at meetings held on 24 December 2009 and 27 January 2010.

RESOLVED – That the tables be noted.

Schedule of applications determined between 23 December 2009 and 26 January 2010 (enclosed)

The Committee received for information, a schedule listing the remainder of the planning applications determined by the Director of Partnerships, Planning and Policy under delegated powers between 23 December 2009 and 26 January 2010.

RESOLVED – That the schedule be noted.