Agenda, decisions and minutes

Apologies for absence were received from Councillor June Molyneaux.

Apologies for absence were received from Councillor June Molyneaux.

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.

There were no declaration of interest declared.

To confirm the minutes of the meeting of the Development Control Committee held on 20 April 2010 (enclosed).

RESOLVED – That the minutes of the Development Control Committee meeting held on 20 April 2010 be confirmed as a correct record and signed 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 maybe viewed in advance by following the links to the current planning applications on our website http://www.chorley.gov.uk/index.aspx?articleid=6

The Director of Partnerships, Planning and Policy submitted report on two 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 as recorded below.

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

Outline planning permission granted subject to a Legal Agreement and conditions.

Application no:                      10/00273/OUT

Proposal:                               Outline application for the erection of 7 dwellings and associated works

Location:                                Pall Mall Garages and Sheds 81A Pall Mall, Chorley, PR7 1JU

Decision:

It was proposed by Councillor Dennis Edgerley, seconded by Councillor David Dickinson and subsequently RESOLVED to grant outline planning permission subject to the following conditions and the prior completion of a revised or supplemental section 106 agreement in relation to public open space:

1.      No development approved by this permission shall be commenced until details of the means of foul sewage and a surface water drainage strategy (including attenuation surface discharges from the development to existing rates or less) has been submitted to an approved by the Local Planning Authority. The schemes shall be constructed and completed in accordance with the approved details

         Reason: to reduce the risk of flooding and ensure a satisfactory means of drainage and in accordance with Policy Nos. EP18 and EP19 of the Adopted Chorley Borough Local Plan Review.

2.      There is a potential for ground contamination at this site. Due to the size of development and sensitive end-use, 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 any remediation proposals (submitted under b), which shall include an implementation timetable and monitoring proposals.  Upon completion of 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. Should, during the course of the development, any contaminated material other than that referred to in the investigation and risk assessment report and identified for treatment in the remediation proposals be discovered, then the development should cease until such time as further remediation proposals 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, in accordance with PPS23.

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  ...  view the full minutes text for item 158a

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

Planning permission granted subject to conditions and an additional Section 106 agreement.

Application No:                      10/00202/FULMAJ

Proposals:                             Demolition of existing redundant building and construction of mixed use scheme including commercial use of ground floor and basement levels and 10 residential apartments on 3 upper floors (extension to the time limit for implementing planning approval reference 04/00937/FULMAJ)

Location:                                Garside & Son Plumbers, 5-9 Queens Road, Chorley, PR7 1JU

Decision:                               

It was proposed by Councillor Ralph Snape, seconded by Councillor Dennis Edgerley and subsequently RESOLVED to grant planning permission subject to the following conditions and the prior completion of a section 106 agreement in relation to public open space:

1.      The development hereby permitted shall be carried out in accordance with the amended plan(s), received on 27 January 2005.

         Reason:  To define the permission and ensure a satisfactory form of development.

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 plan(s)) 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 GN5 of the Adopted Chorley Borough Local Plan Review.

3.      No development approved by this planning permission shall be commenced until: a) A desktop study has been undertaken to identify all previous site uses, potential contaminants that might reasonably be expected given those uses and other relevant information. Using this information a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors has been produced. b) A site investigation has been designed for the site using the information obtained from (a) above.  This should be submitted to, and approved in writing by the local planning authority prior to that investigation being carried out on the site. c) The site investigation and associated risk assessment have been undertaken in accordance with details approved in writing by the local planning authority .d) A Method Statement and remediation strategy, based on the information obtained from (c) above, has been submitted to and approved in writing by the Local Planning Authority.  The development shall then proceed in strict accordance with the measures approved. Work shall be carried out and completed in accordance with the approved method statement and remediation strategy referred to in (d) above, and to a timescale agreed in writing by the local planning authority, unless otherwise agreed in writing by the local planning authority.

         Reason: To identify all previous site uses, potential contaminants that might reasonably be expected given those uses and the source of contamination, pathways and receptors; to enable a risk assessment to be undertaken, refinement of the conceptual model  ...  view the full minutes text for item 158b

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

The Committee received a report of the Director of Partnerships, Planning and Policy asking Members to consider whether it was expedient to take enforcement action in respect of an operational development consisting of the erecting of a wall brick pillars/electronic gated, the formation of hard standings and kerbing on land at Springfields, Sandy Lane, Mawdesley and charge of use of land for the storage of plant machinery and associated equipment.

It was proposed by Councillor Dennis Edgerley, seconded by Councillor David Dickinson, and was subsequently RESOLVED that is was considered expedient to pursue enforcement action .

Report of the Director of Transformation (enclosed).

The Director of Transformation submitted a report asking Members to consider confirmation of a Public Footpath Diversion Order, in respect of Public Footpath No. 6, Adlington, in order to facilitate the development of an affordable housing scheme.

The proposal to effect the diversion in respect of Public Footpath No. 6, Adlington was approved by the Committee on 12 January 2010, and no objections were received following publication of the proposal in the press and posting of notices on site.

It was proposed by Councillor Dennis Edgerley, and seconded by Councillor David Dickinson, and subsequently RESOLVED that the Director of Transformation be authorised to confirm as an unopposed order The Chorley Borough Council (Public Footpath No. 6, Adlington) Public Path Diversion Order 2010, made pursuant to Section 257 of the Town and Country Planning Act 1990, formally authorising the diversion of Public Footpath No. 6, Adlington, in order to permit development to be carried out in accordance with the granting of planning permission, namely the construction of affordable housing.

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

The Director of Partnership, Planning and Policy submitted a report giving notification of two appeals that had been lodged against the refusal of planning permission, two planning applications that had been dismissed and one appeal that had been allowed.

RESOLVED – That the report be noted.

Planning applications delegated on:

            20 April 2010 (table enclosed)

            12 May 2010 (table enclosed)

The Committee received, for information, schedules listing five planning applications for Category ‘B’ development proposals which had been determined by the Director of Partnership, Planning and Policy in consultation with the Chair and Vice Chair of the Committee at  meetings held on 20 April 2010 and 12 May 2010.

RESOLVED – That the schedules be noted.

A schedule of the applications determined between 31 March 2010 and 12 May 2010 (enclosed).

The Committee received, for information, a schedule listing planning applications determined by the Director of Partnerships, Planning and Policy under delegated powers between 31 March 2010 and 12 May 2010.

RESOLVED – That the schedule be noted.