Agenda, decisions and minutes

There were no apologies for absence.

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 the planning application listed below.

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 planning applications listed below:

Councillor Alan Cullens – 10/00659/FULMAJ

Councillor Christopher France – 10/00659/FULMAJ

Councillor Michael Muncaster – 10/00674/FUL

Councillor Alistair Bradley declared a personal interest in respect of planning application 09/00933/FULMAJ. 

To confirm the minutes of the Development Control Committee meeting held on 14 September 2010 (enclosed).

RESOLVED – That the minutes of the Development Control Committee meeting held on 14 September 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 plans are included (where applicable) on the agenda.  Plans to be considered will be displayed at the meeting or 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 eleven applications for planning permission 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 Partnerships, Planning and Policy (enclosed).

Planning permission granted subject to legal agreement and conditions.

Councillor Alan Cullens and Councillor Christopher France declared a prejudicial interest and left the meeting for the duration of this item.

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

(The Committee received representation from Ward Councillor Doreen Dickinson on the proposals)

Application:                  10/00659/FULMAJ

Proposal:                     Erection of 24 two-storey affordable houses (including new access from Moor Road)

Location:                     Land adjacent 32 Moor Road, Croston

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor David Dickinson and subsequently RESOLVED – To grant full planning permission subject to a Section 106 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 plan(s)) shall have been submitted to and approved in writing by the Local Planning Authority. This shall specifically include details of how the garden boundaries will maintain connectivity in terms of maintaining biodiversity. 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 and PPS9.’

3.   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.   Unless it can be demonstrated through open book accounting that the requirements of Policy SR1 would make the development unviable:

1.   No phase or sub-phase of the development shall commence until a Design Stage assessment and related certification has been submitted to and approved in writing by the Local Planning Authority demonstrating that the proposed development will be constructed to achieve the relevant Code for Sustainable Homes level. All dwellings commenced after 1^st January 2010 will be required to meet Code Level 3, all dwellings commenced after 1^st January 2013 will be required to meet Code Level 4 and all dwellings commenced after 1^st January 2016 will be required to meet Code Level 6. In accordance with Policy  ...  view the full minutes text for item 201a

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

Minded to approve the application, and will be referred to the Secretary of State for his consideration by virtue of Section 77 of the Town & Country Planning Act 1990 and Circular 02/09 The Town & Country Planning (Consultation) (England) Direction 2009.

Due to the considerable interest in this application, not just from a single category of persons whose interest and grounds for objection or support were aligned, Councillor Harold Heaton, within his power as Chair of the Committee relaxed the standing order rules in relation to public speaking to allow more interested parties to speak on this application.   The Chair retained the time limit of 3 minutes imposed by the standing orders for each speaker save as regards the applicant who was allowed additional time to respond to any issues raised.

(The Committee received representations from four objectors to the proposals and three in support of the proposals.)

(The Committee received representations from Ward Councillor Beverley Murray.)

Application:                  09/00933/FULMAJ

Proposal:                     Full application for the demolition and redevelopment of existing structures to provide a Class A1 foodstore, petrol filling station, associated car parking, servicing, new accesses, public realm and landscaping.  Outline application for the provision of a retail unit (Use Classes A1, A2, A3, A4, A5) and a business/non-residential institution unit (Use Classes B1 and D1) including details of scale and access

Location:                     Land north Duke Street including QS Fashions and Bounded by Pall Mall and Bolton Street, Chorley, Lancashire

Decision:

It was proposed by Councillor David Dickinson, seconded by Councillor Henry Caunce to be minded to approve full planning permission.

It was proposed by Councillor Roy Lees, seconded by Councillor Simon Moulton to be minded to refuse full planning permission.

It was proposed by Councillor Alistair Bradley, seconded by Councillor June Molyneaux  and subsequently RESOLVED -  To instruct the Director of Partnerships, Planning and Policy to notify the Secretary of State that the Development Control Committee was Minded to Approve the application, subject to the conditions listed in this report;  the amendment to condition 24 on car parking control as detailed in the addendum circulated at the meeting; the amendments to conditions 12, 13 and 15 concerning the servicing hours proposed; and an amendment to condition 22 requiring the development opportunity sites to be available for occupation within 1 year of the opening of the retail foodstore.

and

If the Secretary of State is minded not to call in the application, then authority be delegated to the Director of Partnerships, Planning and Policy in consultation with the Chair of the Development Control Committee to issue a decision notice of approval for the respective elements of the proposal, subject to the conditions adopted by this Committee;

and

that the Director of Partnerships, Planning and Policy further advises the Development Control Committee whether the Secretary of State wishes to consider the matter himself;

and

that the Director of Partnerships, Planning and Policy refers any subsequent to discharge the car parking control condition (condition no. 24) to this Committee for consideration.

Planning Conditions

Highways and Market Street

1.   Condition: No part of the development hereby approved shall commence until a scheme for the construction of all site access by vehicles, pedestrians and cyclists and the off-site works of highway improvement has  ...  view the full minutes text for item 201b

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

Outline planning application granted subject to Legal Agreement and conditions.

Councillor Ralph Snape left the meeting at this point.

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

(The Committee received representation from Ward Councillor Kevin Joyce on the proposals)

Application:                  10/00159/OUT

Proposal:                     Proposed 6 houses and associated works

Location:                     Land 35m West of 19 Bannister Lane, Eccleston, Lancashire

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor David Dickinson and subsequently RESOLVED -   To grant outline planning permission subject to Section 106 Agreement and the following conditions:

1.   The approved plans are:

Plan Ref.                       Received On:                  Title:

            08-1303-L01                  4 June 2010                      Location Plan

            08-1303-OP01 Rev F    15 September 2010        Site Plan

                   ----------                    15 September 2010        Tree Survey & Constraints Plan

            08-1303-SS01                31 August 2010                Existing Site Sections

            08-1303-SS02                31 August 2010                Proposed Site Sections

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

2.   The development hereby permitted shall only be carried out in accordance with the approved site plan date stamped 15 September 2010 (Ref No. 08-1303-OP01 Revision F) and the scale of the dwellings shall be two storey.

Reason: To define the permission and in accordance with Policy Nos. GN3 and HS4 of the Chorley Borough Local Plan Review.

3.   Before the development hereby permitted is first commenced, full details of all reserved matters (namely the siting, design, external appearance of the building(s), the means of access thereto 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 and in accordance with Policy Nos. GN5, HS4 and TR4 of the Chorley Borough Local Plan Review.

4.   Each dwelling hereby permitted shall be constructed to achieve the relevant Code for Sustainable Homes Level required by Policy SR1 of the Sustainable Resources DPD (Level 3 for all dwellings commenced from 1 January 2010, Level 4 for all dwellings commenced from 1 January 2013 and Level 6 for all dwellings commenced from 1^st January 2016) and achieve 2 credits within Issue Ene7: Low or Zero Carbon Technologies.

Reason: To ensure the development is in accordance with Government advice contained in Planning Policy Statement: Planning and Climate Change - Supplement to Planning Policy Statement 1 and in accordance with Policy SR1 of Chorley Borough Council's Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document.

5.   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 HS6 of the Chorley Borough Local Plan Review.

6.   Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences and walls to  ...  view the full minutes text for item 201c

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

Planning permission granted subject to conditions and Legal Agreement.

Application:                  10/00278/FULMAJ

Proposal:                     Revisions to approved site layout involving 26 dwelling

Location:                     Quarry Road Industrial Estate, Quarry Road, Chorley

Decision:

It was proposed by Councillor Simon Moulton, seconded by Councillor David Dickinson and subsequently RESOLVED – To grant the application subject to a Section 106 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 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 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 plan(s).  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  ...  view the full minutes text for item 201d

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

Outline planning permission refused.

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

Application:                  10/00439/OUTMAJ

Proposal:                     Application for outline planning permission (access only) for the erection of up to 75 dwellings and a park and ride parking area for Adlington Railway Station

Location:                     Grove Farm, Railway Road, Adlington, Chorley

Decision:

It was proposed by Councillor June Molyneaux, seconded by Councillor David Dickinson and subsequently RESOLVED - To refuse the outline planning application for the reason set out below:

1.            The site is allocated under Policy EM1.2 for B1 (business use, comprising offices (B1a), research and development (B1b) and light industry (B1c)). The proposal is for housing (C3) which does not fall within the allocated uses for this site and as such is contrary to Policy EM1 (Saved) of the Chorley Local Plan Review. 2) Policy EM9 is also of relevance as part of the site has previously been used for employment purposes where is states that the redevelopment of a site for employment use will be encouraged. It is for the applicant to demonstrate that there is no realistic prospect of an employment re-use of the land or premises for redevelopment for an employment use would be economic viable. The applicant has failed to demonstrated this as specified in Policy EM9 and the accompanying Supplementary Planning Guidance Document Proof of Marketing: Policy EM9.

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

Full planning permission granted subject to Section 106 Agreement and conditions.

Application:                  10/00502/FUL

Proposal:                     Proposed residential development of 8 dwellings following the demolition of the existing commercial premises (redevelopment of part site only – amendment to previous approval 09/00985/FULMAJ)

Location:                     Chorley Motor Auction, Cottam Street, Chorley

Decision:

It was proposed by Councillor Alistair Bradley, seconded by Councillor Roy Lees and subsequently RESOLVED -   That the application be granted planning permission, subject to a Section 106 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 approved plans are:

      Plan Ref.              Stamp Dated:             Title:

      09/120/P02            18 June 2010                         Proposed Site and Location Plan

      09/120/P03            18 June 2010             House Type Plans & Street Scenes

      10/120/F02            18 June 2010                         Plot Division Fence

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

3.   The development hereby permitted shall only be carried out in conformity with the proposed ground and finished floor levels shown on the approved plan(s) 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.   The position, height and appearance of all fences and wall to be erected shall only be carried out in conformity with the details shown on approved plans 09/120/P02 and 10/120/F02 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.

5.   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.

6.   All planting, seeding or turfing comprised in the approved details of landscaping shown on approved plan 09/120/P02 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.

7.   The development hereby permitted shall not commence until samples of all external facing materials to  ...  view the full minutes text for item 201f

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 an objector to the proposals and a supporter to the proposals)

Application:                  10/00518/OUT

Proposal:                     Outline application for residential development with all matters reserved, except for access

Location:                     Back Lane Reservoir, Back Lane, Clayton-le-Wood, Chorley

Decision:

It was proposed by Councillor David Dickinson, seconded by Councillor Harold Heaton to make a decision on the application without deferring the decision until a site visit had taken place.

It was proposed by Councillor Michael Muncaster, seconded by Councillor Christopher France and subsequently RESOLVED - To defer the decision to allow the Members of the Committee to visit the site of the proposed development.

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

Full planning permission granted for change of use subject to conditions.

Councillor Roy Lees left the meeting at this point.

(The Committee received representation from a supporter to the proposals.)

Application:                  10/00594/COU

Proposal:                     Change of use from office (B1) to NHS Centre (D1) covering the following services: Community Drug & Alcohol Services, Needle Exchange & Harm Reduction, Psychological Interventions, Community Detoxification, Drug Liaison, Midwife Services and Advice to public GP’s. Opening times 10am to 6pm Monday to Friday, 10am till 4pm Saturday and at no time Sunday’s and Bank Holidays

Location:                     Matrix House, Friday Street, Chorley

Decision:

It was proposed by Councillor David Dickinson, seconded by Councillor Christopher France and subsequently unanimously RESOLVED -   To grant planning permission for the change of use 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.   Prior to the commencement of development full details of the proposed residents consultation procedure shall be submitted to and approved in writing by the Local Planning Authority. The details shall include information on how the residents and local community will be kept informed on the progress of the development prior to commencement and during the development period. The resident’s/community consultation plan shall be implemented and completed in accordance with the approved procedure throughout the life time of the development.

Reason: To ensure that the existing residents are fully aware of the progress of the development.

3.   The premises shall be used for a NHS Centre (including community & alcohol services, needle exchange & harm reduction, psychological interventions, community detoxification, drug liaison, midwife services and advice to public GPs) Use Class D1 and for no other purpose (including any other purpose in Class D1; of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order).

      Reason: To protect the amenities of local residents and in accordance with Policy No.s EP7 and EM2 of the Adopted Chorley Borough Local Plan Review.

4.   The use hereby permitted shall be restricted to the hours between 10.00am  and 6.00pm  on weekdays, between 10.00am  and 4.00pm  on Saturdays and there shall be no operation on Sundays or Bank Holidays.

      Reason:  To safeguard the amenities of local residents and in accordance with Policy Nos. EM2 and EP7 of the Adopted Chorley Borough Local Plan Review.

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

Full planning permission granted subject to conditions.

Application:                  10/00647/FUL

Proposal:                     Relocation of plant to treat waste water from dry pet food production process

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

Decision:

It was proposed by Councillor Michael Muncaster, seconded by Councillor Simon Moulton and subsequently unanimously RESOLVED – To grant full 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.   Prior to the commencement of development details of the external facing materials shall be submitted to and approved in writing by the Local Planning Authority.

      Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Saved Policy GN5 of the Adopted Chorley Local Plan Review.

3.   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 in writing by the Local Planning Authority.

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

4.      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 Saved Policies EP17 and EM2 of the Adopted Chorley Borough Local Plan Review.

5.      Prior to the commencement of development full details of the existing and proposed slab levels (all relative to ground levels adjoining the site) shall be 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: As the site is within a Flood Risk Area and in accordance with Planning Policy Statement (PPS) 25: Development and Flood Risk.

6.                  Prior to the commencement of development full details of waterproof membranes and removable barriers to be used to make the plant resistant to ground water and tidal flood waters have been submitted to and approved in writing by the Local Planning Authority. The development shall only be implemented in accordance with those approved details and they shall be maintained permanently.

Reason: To protect the development against the risk of flooding in accordance with PPS25. 

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

Full planning permission refused.

(The Committee received representation from an objector to the proposals and a support to the proposals.)

Application:                  10/00674/FUL

Proposal:                     Proposed single storey extension to front of house to provide disabled living facilities

Location:                     5 Hawthorne Close, Clayton-le-Woods, Chorley

Decision:

It was proposed by Councillor Simon Moulton, seconded by Councillor David Dickinson and subsequently RESOLVED – To refuse full planning permission for the following reason:

 1.     It is considered that a combination of height, proximity to the boundary and extent of the proposed development will have an overbearing effect on the neighbouring properties (with particular regard to No. 17 Bay Tree Road) and will dominate views theses dwellings and their associated private amenity space. The proposed development will result in an uncomfortable and unacceptable sense of enclosure to the occupiers of the adjacent properties and is therefore contrary to policy HS9 of the Adopted Chorley Borough Local Plan Review 2003.

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

Deferred to allow officers time to assess amended plans and consult with neighbours.

Application:                10/00740/FUL

Proposal:                   Application for 4 dwellings amendment to previously approved layout (10/00418/FULMAJ)

Location:                    605 Preston Road, Clayton-le-Woods, Chorley

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Simon Moulton and subsequently RESOLVED - To defer the decision to allow officers time to assess amended plans and consult with neighbours.

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

The Director of Partnerships, Planning and Policy submitted a report giving notification  of one planning appeal that had been lodged against the delegated decision to refuse planning permission, two appeals had been lodged for the failure to issue a decision within a specific timescale. 

There had also been one planning appeal dismissed, one planning appeal withdrawn, one appeal lodged  against an enforcement notice and Lancashire County Council had granted planning permission for application 10/00719/CTY).

RESOLVED -  That the report be noted.

Planning applications delegated on:

The Committee received for information, a schedule listing nine 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 on 14 September 2010 and 29 September 2010.

RESOLVED -  That the schedule be noted.

A schedule of the applications determined between 1 September 2010 and 28 September 2010 is enclosed.

The Committee received, for information, a schedule listing planning applications determined by the Director of Partnerships, Planning and Policy under delegated powers between 1 September 2010 and 28 September 2010.

RESOLVED – That the report be noted.