Agenda, decisions and minutes

Apologies for absence were received from Councillor Henry Caunce.

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 Code of Conduct, the following Members declared a prejudicial interest in relation to a planning application and agenda item listed below:

Councillor Harold Heaton:        10/00359/FULMAJ, Dog and Partridge, 30 Chorley Lane, Charnock Richard, (Minute 10.DC.176c)

Councillor Roy Lees:               Application for certificate of lawfulness, and the Enforcement item relating to Yew Tree House Farm Coppull Lane, Coppull (Minute 10.DC.181a and Minute 10.DC.181b)

To confirm the minutes of the Development Control Committee meeting held on 22 June 2010 (enclosed)

RESOLVED – That the minutes of the Development Control Committee meeting held on 22 June 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 meetingor may be viewed in advance following the links to 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 six applications for planning permissions to be determined by the Committee.

RESOLVED – That the planning applications, as submitted, be determined in accordance with the Committee’s decisions as recorded below:

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

Planning permission refused.

(The Committee received representations from an objector to the proposals and the applicant in support of the proposals.)

Application no:                      09/00909/FUL

Proposal:                               Amendments to previously approved planning application ref: 08/01226/FUL to include change to roof pitch over side extension and changes to roof over garage (retrospective application).

Location:                                Woodcock Barn, Runshaw Lane, Euxton, Chorley, PR7 6HB

Decision:

It was proposed by Councillor Roy Lees to defer the decision to allow Members of the Committee to visit the site.

It was proposed by Councillor David Dickinson, seconded by Councillor Simon Moulton, and subsequently RESOLVED unanimously to refuse retrospective planning permission on the following ground:

The proposed amendments by reason of their size, siting and design result in an overbearing impact on the neighbouring occupiers at ‘Pippins’ and cause harm to the design and appearance of the existing dwelling.  The proposal is contrary to Saved Policy DC8A of the Chorley Borough Local Plan Review and the guidance as set out in the Householder Design Guidance SPD.

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

Application withdrawn.

Application no:                      10/00459/FUL

Proposal:                               Proposed two storey development of 8 apartments

Location:                                St Johns Ambulance Hall, 1 Granville Street Adlington, Chorley, PR6 9PY

Decision:

Report withdrawn from agenda.

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

Planning permission granted subject to Legal Agreement and conditions.

(The Chair, Councillor Harold Heaton declared a prejudicial interest and left the meeting during the consideration and voting on this item.  Vice Chair, Councillor Geoffrey Russell took the Chair.)

(The Committee received representations from an objector to the proposals and the applicant in support of the proposals.)

Application no:                      10/00359/FULMAJ

Proposal:                               Erection of 28 residential dwellings with access roads, car-parking and landscaping including alterations to the public house car park.

Location:                                Dog and Partridge, 30 Chorley Lane, Charnock Richard, Chorley, PR7 5ES

Decision:

It was proposed by Councillor Roy Lees, seconded by Councillor Mick Muncaster and subsequently RESOLVED unanimously to grant planning permission subject to Legal Agreement and the following conditions:

1.      The proposed development must be begun not later than one year 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 shall only be carried out in accordance with the approved plans, except as may otherwise be specifically required by any other condition of this permission or unless otherwise first agreed to in writing by the Local Planning Authority.

         Reason: To define the permission and in the interests of the proper development of the site.

3.      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 residents and in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

4.      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 No.s GN5 and HS4 of the Chorley Borough Local Plan.

6.      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  ...  view the full minutes text for item 176c

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

Deferred to allow the Members of the Committee to visit the site of the proposed development.

(The Committee received representation from the applicant’s agent in support of the proposals.)

Application no:                      10/00181/FULMAJ

Proposal:                               Erection of poultry building

Location:                                Altcar Farm, Altcar Lane, Euxton, PR25 1 LE

Decision:

It was proposed by Councillor Harold Heaton, 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 proposal.

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

Planning permissions granted subject to conditions.

Application:                  10/00276/FULMAJ

Proposal:                   Erection of a children’s nursery and swimming academy with associated landscaping, signage, boundary fence and car park at Buckshaw Village.

Location:                    Land 100m East of 2 Crompton Walk, Buckshaw Avenue, Buckshaw Village, Lancashire

Decision:

It was proposed by Councillor David Dickinson, seconded by Councillor Roy Lees, and subsequently RESOLVED unanimously to grant 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 not commence until full details of the colour, form and texture of all external facing materials to the proposed building(s) (notwithstanding any details shown on the previously submitted plan(s) and specification) have been submitted to and approved in writing by the Local Planning Authority.  The information shall include details of the surfacing of the disabled ramp to the front of the building. 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 No. GN5 of the Adopted Chorley Borough Local Plan Review.

3.      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. Notwithstanding the details shown on the submitted plans, the hard ground- surfacing shall constructed using permeable materials on a permeable base, or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the boundaries of the site (rather than to the highway), unless otherwise agreed to 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, highway safety and to prevent flooding and in accordance with Policy Nos. GN5 and EP18 the Adopted Chorley Borough Local Plan Review.

4.      Before the development hereby permitted is first occupied, the car park and vehicle manoeuvring areas shall be surfaced or paved, drained and marked out all in accordance with the approved plan.  The car park and vehicle manoeuvring areas shall not thereafter be used for any purpose other than the parking of and manoeuvring of vehicles.

         Reason:  To ensure adequate on site provision of car parking and manoeuvring areas and in accordance with Policy No. TR4 of the Adopted Chorley Borough Local Plan Review.

5.      Before the development hereby permitted is first occupied, the cycle parking shall be provided in accordance with the approved plan.  The cycle parking area shall not thereafter be used for any purpose other than the parking of cycles.

         Reason:  To ensure adequate on  ...  view the full minutes text for item 176e

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

Planning permission granted subject to conditions.

Application:                10/00404/FULMAJ

Proposal:                   Re-plan to plots R281 to R323/R351/R358 to R376/R388 to R400 (76 no. dwellings, garages and associated works)

Location:                    Formerly Multipart Distribution Limited, Pilling Lane, Chorley

Decision:

It was proposed by Councillor Simon Moulton, seconded by Councillor David Dickinson, and subsequently RESOLVED by majority decision to permit planning permission subject to the following conditions:

1.      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.

2.      The proposed development must be begun not later than two years from the date of this permission.

         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.

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 and HS4 of the Adopted  ...  view the full minutes text for item 176f

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

The Director of Partnerships, Planning and Policy submitted a report giving notification of two appeals that had been lodged against the refusal of planning permission, and one planning application being granted by Lancashire County Council.

RESOLVED – That the report be noted.

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

The Director of Partnerships, Planning and Policy submitted a report for Members to consider a formal confirmation of a Tree Preservation Order with modifications. No objections had been received in response to the making of the order and it was subsequently RESOLVED - To confirm Chorley Borough Council Tree Preservation Order No. 5 (Euxton) with modifications.

Planning applications delegated on:

22 June 2010 (schedule enclosed)

9 July 2010 (schedule enclosed)

The Committee received, for information schedules listing seven planning 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 22 June 2010 and 9 July 2010.

RESOLVED – That the schedules be noted.

A schedule of the applications determined between 10 June and 6 July 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 10 June 2010 and 6 July 2010.

RESOLVED - That the schedule be noted.

(Councillor Roy Lees declared a prejudicial interest at this point, and left the meeting during the consideration and voting on the enforcement item Minute 10.DC.181(b).)

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

The Committee received, for information, an application for a certificate of lawfulness in respect of mixed use of agriculture and milk processing at Yew Tree House Farm, Coppull Hall Lane, Coppull,

RESOLVED – That the application be noted.

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 the erection and use of buildings for milk processing, formation of hardstanding, erection of silos on land at Yew Tree Farm, Coppull Hall Lane, Coppull.

It was proposed by Councillor Dennis Edgerely, seconded by Councillor Simon Moulton and subsequently RESOLVED - That it was considered expedient to pursue enforcement action.

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 to secure the closure of the unauthorised vehicular access in respect of 176a Wood Lane, Heskin, Chorley.

It was proposed by Councillor Ralph Snape, seconded by Councillor June Molyneaux and subsequently RESOLVED – That it was considered expedient to pursue enforcement action.