Agenda and minutes

The Chair wished the Committee Members, Officers and Members of the Public, Seasons Greetings and best wishes for 2006.

Apologies for absence were received by Councillors Bedford, Birchall, Livesey, Mrs J Snape 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 Members Code of Conduct, the following Member declared an interest in relation to the Planning Applications listed below, which were included on the meetings agenda for determination.

Councillor Parr – Item 5, B1 Planning Application 05/00670/REM

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 29 November 2005.

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 29 November 2005 to be confirmed as a true record and signed by the Chair subject to the correction of Minute 05.DC.52 in relation to Application 05/01042/FUL by the substitution of ‘Councillor Whittaker’ for ‘Councillor Walker’.

Report of Head of Development and Regeneration (enclosed).

The Committee received a report of the Head of Development and Regeneration giving notification of the lodging of appeals against the refusal of planning permission for three developments and one application that had been approved by the Lancashire County Council.

RESOLVED – That the report be noted.

Report of Head of Development and Regeneration (enclosed).

A. 1                  05/00969/OUTMAJ                  Gillibrand Hall Grounds

                        Grosvenor Road

                        Chorley Lancashire

A. 2                  05/00970/OUTMAJ                  Gillibrand Hall Grounds

                                    Grosvenor Road Chorley

                                    Lancashire

A.3                  05/00971/OUTMAJ                  Land South Of Copper Works

                                    West Of Gillibrand North And West

                                    Of Southlands Clover Road

                                    Chorley

A.4                  05/00972/OUTMAJ                  Land South Of Copper Works

                                    West Of Gillibrand North And West

                                    Of Southlands Clover Road

                                    Chorley

A.5                  05/01002/OUTMAJ                  Wyevale Garden Centre 338 Southport

                                    Road Ulnes Walton Lancashire PR26

                                    8LQ

A.6                  05/01006/OUTMAJ                  Former Railway Cutting East Of

                                    Blackburn Brow Chorley Lancashire

B.1                  05/00670/REM                  Land South Of Copper Works

                                    West Of Gillibrand North And West

                                    Of Southlands Clover Road

                                    Chorley

B.2                  05/00876/FUL                  Sitchcroft Farm Brown House Lane

                                    Wheelton Lancashire PR6 8HR

B.3                  05/00921/FUL                  Clayton Hall Stables Spring Meadow

                                    Clayton-Le-Woods Lancashire PR25

                                    5SP

B.4                  05/01003/OUT                  Wyevale Garden Centre 338 Southport

                                    Road Ulnes Walton Lancashire PR26

                                    8LQ

B.5                  05/01042/FUL                  DP Cold Planing Chapel Lane Coppull

                                    Lancashire PR7 4NB

B.6                  05/01058/FUL                  The Thyme And Plaice 37 Wigan Lane

                                    Coppull Lancashire PR7 4BN

B.7                  05/01073/FUL                  Old Farm Pit Hall Lane Mawdesley

                                    Lancashire

B.8                  05/01093/FUL                  Land Adjacent Railway And Off Stump Lane

                                    Chorley Lancashire

B.9                  05/01132/FUL                  Dalbank Ulnes Walton Lane Ulnes

                                    Walton Lancashire PR26 8LT

The Head of Development and Regeneration 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.

Application No :05/00969/OUTMAJ

Proposal : Modification of condition no.1 of Planning Permission 03/1017/FUL to extend the period for the submission of reserved matters until 3/11/2007,

Location : Gillibrand Hall Grounds Grosvenor Road Chorley Lancashire

Decision:

It was proposed, seconded and subsequently RESOLVED to grant outline planning permission, subject to the prior completion of a Section 106 Legal Agreement and the following conditions:

1. Application for approval of the reserved matters must be made to the Council as Local Planning Authority before the 3 November 2007 and the development hereby permitted must be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

Reason: Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990

2. Before the development hereby permitted is first commenced, full details of the following reserved matters (namely means of access, siting, design, external appearance of buildings and the landscaping of the site) shall be submitted to and approved in writing by the Local Planning Authority.

Reason:  The permission is in outline only.

3. The reserved matters for the means of access shall accord with the following.  Means of vehicular access to the development, including all construction traffic but excepting emergency access, shall only be taken from the site referred to as HS1.6 in the Chorley Borough Local Plan Review and the Gillibrand Link Road as identified in Policy TR3.1 of the Chorley Borough Local Plan Review, in accordance with Policy HS2 of the Chorley Borough Local Plan Review.  Details of the emergency access to the site shall include the measures to be implemented to ensure that this access is only available for use in an emergency.  The approved measures shall be implemented in full prior to the occupation of any dwelling.

Reason: In the interests of highway safety on Rookery Close, Grosvenor Road and Thirlmere Road.

4. Prior to the submission for approval of the details of any reserved matters, there shall have been submitted to and approved in writing by the Local Planning Authority a Development Brief for the site.  The Development Brief shall indicate the characteristics of the site and surrounding area which would influence the form, design and layout of the development and include an illustrative plan indicating how the site may be developed in accordance with the influencing factors identified.  The reserved matters submitted thereafter shall have full regard to the influencing factors identified. 

Reason: To ensure that an acceptable form of development for the site is achieved having regard to the characteristics of the site and its surroundings.

5. No development shall take place until:

a)      a scheme for monitoring landfill gas migration has been submitted to and approved in writing by the  ...  view the full minutes text for item 63.

The Committee received, for information, reports by the Head of Development and Regeneration on the 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:            05/00830/COU

Proposal:                 Additional dormer window on east elevation, enlarge box dormer window on west elevation. Change of use of dwelling to 7 bed home for children with learning difficulties incorporating conversion of garage to activity craft room.

Location:                  Daulby House Farm, Meadow Lane, Mawdesley.

Decision:                  Refused.

Application No:05/00868/FUL

Proposal:                 Demolition of existing single storey rear extension, including staircase to first floor, erection of new single storey rear extension, including new staircase to first floor, and change of use to first floor.

Location:                  254 The Green, Eccleston.

Decision:                  Planning Permission granted.

Application No:05/00987/TPO

Proposal:                 Felling of tree covered by TPO 1 (Euxton) 1996.

Location:                  Land Opposite 4 Wentworth Drive, Euxton

Decision:                  Consent for Tree Works

Application No:05/01063/FUL

Proposal:                 Retrospective application for the demolition of the existing garage and construction of a staff room with a pitched roof.

Location:                  Lotus Garden Chinese Takeaway, 237, The Green, Eccleston.

Decision:                  Planning Permission granted.

RESOLVED – That the reports be noted.

The Head of Development and Regeneration presented for Members’ information, a schedule listing the remainder of the planning applications which had been determined by the Chief Officer under her delegated powers between 17 November and 7 December 2005.

RESOLVED – That the schedule be noted.

Report of Head of Development and Regeneration (enclosed).

The Head of Development and Regeneration submitted a report seeking the Committee’s instructions in respect of the instigation of enforcement action to remove a residential caravan at Clayton Hall Stables, Spring Meadow, Clayton-Le-Woods.

RESOLVED – That it is expedient to issue two Enforcement Notices in respect of the following breaches of planning control:

1.            Without planning permission the change in use of the land from livery use to a mixed use of livery and for the siting of a mobile home for residential purposes.

            Remedy for Breach

            Remove the mobile home from the land edged in Red on the attached plan, plan SA/1, and to cease use of that land for the siting of a mobile home for residential purposes.

            Period for Compliance

            Nine months

            Reason

            The development is contrary to Policies DC1 of the Adopted Chorley Borough Local Plan Review, Planning Policy Guidance Note 2, Planning Policy Statement 7, in that the development is inappropriate and harmful to the character and appearance of the Green Belt. There is no justification or no special circumstances to justify an exception in this case to the presumption against inappropriate development in the Green Belt

            The development is contrary to Policy HT11 of the Adopted Chorley Borough Local Plan Review in that the mixed use of land for livery and the siting of a mobile home for residential purposes is likely to have a detrimental effect on the site or setting of the Ancient Monument of Clayton Hall, Clayton-Le-Woods.

2.            Without planning permission the carrying out of operational development on land showed  Red on attached plan. That operational development being; the formation of a hard surfaced area, the erecting of two wooden sheds and a dog kennel, and the erection of two wooden balustrades.

            Remedy for Breach

            Remove from the land the materials that form the hard standing from the land and return that land to grass sward by re seeding that land. The two wooden sheds and balustrades, the stairs and dog kennel all marked on the attached plans.

            Period of compliance

            Three months

            Reasons

            The operational development is contrary to Policies DC1 of the Adopted Chorley Borough Local Plan Review, Planning Policy Statement 7, in that the development is inappropriate and harmful to the character and appearance of the Green Belt. There is no justification or no very special circumstances to justify an exception in this case to the presumption against inappropriate development in the Green Belt.

            The development is contrary to Policy HT11 of the Adopted Chorley Borough Local Plan Review in that the nature of the operational development carried out is likely to have a detrimental effect on the site or setting of the Scheduled Ancient Monument of Clayton Hall, Clayton-Le-Woods.

Report of Head of Development and Regeneration (enclosed).

The Head of Development and Regeneration submitted a report seeking the Committee’s instructions in respect of the instigation of enforcement action to reduce the height of a brick wall 0.9M in height and brick pillars 2.1M in height adjacent to highway used by motor vehicles – 40 Hawkshead Avenue, Euxton.

RESOLVED:

That it is expedient to issue an Enforcement Notice under section 172 of the Town and Country Planning Act 1990 in respect of the following breach of planning control – without planning permission the erection of brick pillars adjacent to the highway used by vehicular traffic that are over 1 metre in height.

Remedy for Breach

1.            Reduce the heights of the brick pillars between points A and B, as shown on the attached plan, to a height of 1 metre when measured from ground level, thereby benefiting as permitted development granted by virtue of, Schedule 2, Part2, Class A, The Town and Country Planning (General Permitted Development) Order 1995.

2.                  Remove all materials resultant from the works carried out in under 9 (ai) of the report from the land.

Period for compliance

56 days

Reason

The height of the brick pillars would be visually obtrusive and detrimental to both the appearance and character of the street and the amenity of the area. This development is inappropriate, as it does not relate well to the immediate surroundings, which reflect more open and sylvan character with softer boundary treatments. The proposal is therefore contrary to policies GN1 & GN5 of the Adopted Chorley Borough Local Plan Review.

Report of Head of Development and Regeneration (enclosed).

The Head of Development and Regeneration submitted a report seeking the Committee’s instructions in respect of the instigation of enforcement action for the demolition of a Steel framed building at Dalbank, Ulnes Walton Lane, Ulnes Walton.

RESOLVED:

That it is expedient to issue an Enforcement Notice in respect of the following breach of planning control – without planning permission, the erection of a steel framed building.

Remedy for Breach

Demolish the building and remove the materials from the land.

Period for compliance

Six months.

Reason

The development is contrary to policy DC1 of the Adopted Chorley Borough Local Plan Review and Planning Policy Guidance Note 2, being inappropriate development and harmful to the character and appearance of the Green Belt. There are no special circumstances to justify an exception to the presumption against inappropriate development in the Green Belt.

Report of Head of Development and Regeneration (enclosed).

The Head of Development and Regeneration submitted a report seeking the Committee’s instructions in respect of the instigation of enforcement action for the demolition of a link extension between the existing house and a recently permitted domestic outbuilding (03/00896/FUL) at Sitchcroft Farm, Brown House Lane, Wheelton.

RESOLVED:

That it is expedient to issue an Enforcement Notice under Section 172 of the Town and Country Planning act 1990 in respect of the following breach of planning control – without planning permission a link extension has been erected joining the main dwelling to an adjacent building.

Remedy for Breach

Demolish the link extension, make good the areas of the house and outbuilding to which it adjoins and remove all the materials from the site.

Period for compliance

2 months

Reason

The link extension is located on a residential property located within the Green Belt as defined by the Joint Lancashire Structure Plan 2001 – 2016 and the Adopted Chorley Borough Local Plan Review. The link extension has resulted in the recently erected domestic outbuilding becoming an extension to the property, which has already been substantially extended. The resultant dwelling has a detrimental impact on the open and rural character of the Green Belt. Accordingly, the link extension is contrary to Policy DC8A of the Chorley Borough Local Plan Review, the Council’s approved House Extension Design Guidelines and PPG2, which all seek to resist major extensions to existing dwellings located in Green Belt which significantly increase their impact on the open and rural character of the Green Belt.

Report of Head of Development and Regeneration (enclosed).

The Head of Development and Regeneration submitted a report seeking the Committee’s instructions on whether to confirm the Tree Preservation Order (TPO) No 4 (Anderton) 2005 in light of receiving an objection.

The trees in question total five in number and are situated on the eastern boundary of Briarfield and on the left hand side of an access track that serves a field and stables to the north.

It was brought to the Council’s attention that extensive pruning works had been undertaken to a tract of trees adjacent to the trees referred to. Upon visiting the site with the Council’s Arboricultural Officer it was considered that the trees were healthy and made a significant contribution to the visual amenities of the locality. The five trees were accordingly made the subject of a TPO.

One letter of objection has been received from the owner of the field to the north of the access against which the trees abut, citing the following grounds of objection:

• Uncontrolled growth of the trees would prevent access to the field.
• Agricultural equipment would not be able to pass along the access track if the trees are allowed to remain and the trunks and roots continue to expand into the track undamaged.
• The trees in question are inappropriately planted.
• The trees have blocked a land drain running under the track.

RESOLVED

That the order be confirmed.