Agenda, decisions and minutes

Development Control Committee - Tuesday, 16th November 2010 6.30 pm

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Venue: Council Chamber, Town Hall, Chorley

Contact: Cathryn Barrett 

Items
No. Item

209.

Apologies for absence

Minutes:

There were no apologies for absence.

210.

Minutes pdf icon PDF 112 KB

To confirm the minutes of the Development Control Committee meeting held on 3 November 2010 (enclosed).

Minutes:

RESOLVED – That the minutes of the Development Control Committee meeting held on 3 November 2010 be confirmed as a correct record and signed by the Chair.

211.

Declarations of Any Interests

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.

Minutes:

In accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and Members Code of Conduct the following Members declared a prejudicial interest in respect of the planning application indicated:

 

10/00770/FUL – Councillor Alan Cullens

10/00770/FUL – Councillor Christopher France

212.

Planning applications to be determined pdf icon PDF 21 KB

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

Minutes:

The Director of Partnerships, Planning and Policy submitted reports on nine 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:

212a

10/00131/FULMAJ - Land 400m East of 41 Wigan Lane, Coppull, Lancashire pdf icon PDF 37 KB

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

Additional documents:

Decision:

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

Minutes:

Application No:            10/00131/FULMAJ

Proposal:                     Retrospective application for continued use of land for recreational paintball games, retention of ancillary structures and car parking (resubmission of withdrawn application 09/00525/FUL)           

Location:                     Land 400m East of 41 Wigan Lane, Coppull, Lancashire

Decision:

 

It was proposed by Councillor Simon Moulton, seconded by Councillor June Molyneaux and subsequently unanimously RESOLVED – To defer the decision to allow the Members of the Committee to visit the site of the development.

212b

10/00456/OUTMAJ - Euxton Mill, Dawbers Lane, Euxton, Chorley pdf icon PDF 103 KB

Report of Director of Partnership, Planning and Policy (to follow).

Additional documents:

Decision:

Deferred to allow officers time to assess the Transport Assessment.

Minutes:

Application No:          10/00456/OUTMAJ

Proposal:                   Demolition of the redundant Mill building and construction of 58 apartments and communal facilities together with the erection of 7 two storey cottages and associated surface car parking (retirement living)

Location:                    Euxton Mill, Dawbers Lane, Euxton, Chorley, PR7 6EB

Decision:

 

It was proposed by Councillor Ralph Snape, seconded by Councillor Mick Muncaster and subsequently unanimously RESOLVED – To defer the decision to allow officers time to assess the Transport Assessment.

212c

10/00518/OUT - Back Lane Reservoir, Back Lane, Clayton-le-Woods pdf icon PDF 80 KB

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

Additional documents:

Decision:

Outline planning permission granted subject to Legal Agreement and conditions.

Minutes:

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

 

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

 

Application No:            10/00518/OUT

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

Location:                     Back Lane Reservoir, Back Lane, Clayton-le-Woods

Decision:

 

It was proposed by Councillor Roy Lees, seconded by Councillor David Dickinson and subsequently RESOLVED (9:1) – To permit outline planning permission subject to a Section 106 Agreement and the following conditions:

 

1.      All details in relation to the works for highway safety, as specified in the CBRE CB Richard Ellis Letter dated 22 September 2010, para c) on Neighbour responses, and as specified on plan no. 599007 Rev A shall be carried out prior the occupation of the proposed development.

         Reason: In the interests of highway safety and to comply with Policy GN5.

 

2.      An application for approval of the reserved matters (namely the appearance, layout, scale 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.

 

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), 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 and HS4, of the Adopted Chorley Borough Local Plan Review.

 

4.      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 accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

 

5.      No development shall take place until :

a)    a methodology for investigation and assessment of ground contamination has been submitted to and approved in writing by the Local Planning Authority.  The investigation and assessment shall be carried out in accordance with current best practice including British Standard 10175:2001 “Investigation of potentially contaminated sites – 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  ...  view the full minutes text for item 212c

212d

10/00740/FUL - 605 Preston Road, Clayton-le-Woods, Chorley pdf icon PDF 36 KB

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

Additional documents:

Decision:

Application withdrawn.

Minutes:

(Councillor Christopher France entered the room.)

 

Application No:            10/00740/FUL

Proposal:                     Application for 4 No. dwellings amendment to previously approved layout (10/00418/FULMAJ)

Location:                     605 Preston Road, Clayton-le-Woods, Chorley, PR6 7EB

Decision:

 

The application was reported to be an invalid application and could not be determined.

212e

10/00768/FUL - 77 Preston Road, Chorley, Lancashire pdf icon PDF 40 KB

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

Additional documents:

Decision:

Permit full planning permission subject to conditions.

Minutes:

Application No:            10/00768/FUL

Proposal:                     Proposed fencing above existing wall and retention of gate and gate poses (resubmission of 10/00213/FUL)

Location:                     77 Preston Road, Chorley, Lancashire

Decision:

 

It was recommended by Councillor Ralph Snape, seconded by Councillor Mick Muncaster and subsequently unanimously RESOLVED – To permit full planning permission subject to the following conditions:

 

1.      The approved plans are:

         Plan Ref.                    Received On:                  Title:

         TL.01                          2 September 2010           Location Plan

         UY/45/87/73300D       2 September 2010           Proposed Boundary Wall

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

 

2.      The fence hereby permitted shall only be positioned in the centre of the wall and retained as such at all times thereafter.

         Reasons: For the avoidance of doubt, to ensure the fence is not positioned flush with the front of the wall and in accordance with Policy No. GN5 of the Chorley Borough Local Plan Review.

 

3.      Within 3 months of the date of the permission hereby granted, the existing brick pillars, gate posts and gates shall have been reduced in height in strict accordance with the approved plan date stamped 2 September 2010 and the wall made good and retained as such at all times thereafter.

         Reasons: To define the permission, in the interests of the visual amenities of the locality and in accordance with Policy Nos. DC1 and GN5 of the Chorley Borough Local Plan Review.

 

212f

10/00770/FUL - Land bounded by Park Road and 1 Acresfield, Adlington, Lancashire pdf icon PDF 104 KB

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

Additional documents:

Decision:

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

Minutes:

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)

 

(The Committee received representations from the applicant’s agent in support the proposals)

 

Application No:          10/00770/FUL

Proposal:                   Erection of five 3-bedroom houses and four 2-bedroom apartments and associated works

Location:                    Land bounded by Park Road and 1 Acresfield, Adlington

Decision:

 

It was proposed by Councillor David Dickinson to permit full planning permission.

 

It was proposed by Councillor June Molyneaux, seconded by Councillor Roy Lees and subsequently RESOLVED (9:1) – To defer the decision to allow the Members of the Committee to visit the site of the proposed development.

212g

10/00792/FULMAJ - Parcel L Buckshaw Avenue, Buckshaw Village, Lancashire pdf icon PDF 53 KB

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

Additional documents:

Decision:

Permit full planning permission subject to conditions.

Minutes:

Application No:            10/00792/FULMAJ

Proposal:                     Erection of 42 No. 2 and 2½ storey dwellings

Location:                     Parcel L Buckshaw Avenue, Buckshaw Village, Lancashire

Decision:

 

It was proposed by Councillor Ralph Snape, seconded by Councillor Simon Moulton and subsequently unanimously RESOLVED – To permit 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.            The development hereby permitted shall be carried out in accordance with the following approved plans:

Drawing Number:   Stamp Dated:             Title:

410/SL01                 1 November 2010      Site Location Plan

410/PL 01                1 November 2010      Planning Layout

293/10/ED/11           1 November 2010      Development Plan

410/RSL 01              1 November 2010      Refuse Strategy Layout

410/BTL 01              1 November 2010      Boundary Treatments Layout

410/ML 01                1 November 2010      Materials Layout

410/T/MAL/01          2 September 2010     Malvern Plans and Elevations

410/T/KNI/01           2 September 2010     Knightsbridge Plans and

                                                                     Elevations

410/T/HAR/01          2 September 2010     Harrow Plans and Elevations

410/T/LYM/01          2 September 2010     Lymington Plans and Elevations

410/T/RAV/01          2 September 2010     Ravenfield Plans and Elevations

410/T/ASC/01          2 September 2010     Ascot Plans and Elevations

410/T/ALD/01          2 September 2010     Alderney (brick option) Plans and                                                        Elevations

410/T/ALD/02          2 September 2010     Alderney (render option) Plans                                                and Elevations

WF01 Rev A            2 September 2010     Walls and Fences

H5463-G01              1 November 2010      Triple Detached Garage – Typical Elevations                                        

H5463-G01              1 November 2010      Triple Detached Garage – Typical Plans, Elevations & Roof Plan

H5463-G01              1 November 2010      Single Detached Garage – Typical Plans, Elevations & Roof Plan

H5463-G03              1 November 2010      Double Detached Garage – Typical Plans, Elevations & Roof Plan

H5463-G02              1 November 2010      Twin Detached Garage - Typical Plans, Elevations & Roof Plan

H5463/G05              1 November 2010      Site Specific Garage Details – Typical Plans & Elevations

H5463/G04              1 November 2010      Twin Double Garage – Typical Plans & Elevations

H5463/G06              1 November 2010      Site Specific Garage Details – Typical Plans & Elevations

 

3.            The development hereby permitted shall only be carried out in conformity with the proposed ground and building slab levels shown on approved plan Drawing Number 293/10/ED/11.

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 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.

 

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  ...  view the full minutes text for item 212g

212h

10/00820/FULMAJ - Land between Froom Street and Crosse Hall Lane, Chorley pdf icon PDF 75 KB

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

Additional documents:

Decision:

Permit full planning permission subject to Legal Agreement and conditions.

Minutes:

Application No:            10/00820/FULMAJ

Proposal:                     Amendment to siting, design, landscaping and external appearance of planning consents 09/00749/FULMAJ and 02/00680/REMMAJ for residential development of site

Location:                     Land between Froom Street and Crosse Hall Lane, Chorley

Decision:

 

It was proposed by Councillor Roy Lees, seconded by Councillor Christopher France and subsequently unanimously RESOLVED -  To permit 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.            The development hereby permitted shall be carried out in accordance with the approved details of the measures to be taken, during the period of construction, to prevent mud and other debris being carried onto the public highway by vehicles leaving the site. The agreed measures shall be implemented in full before commencement of the development and retained in operation until such time as the development is complete.

Reasons: In the interests of highway safety and in accordance with Policy TR4 of the Adopted Chorley Borough Local Plan Review.

 

3.            All vehicles entering and leaving the site in connection with the construction of the development hereby permitted shall only do so via the new access road and canal bridge permitted under planning permission 9/98/00208/FUL, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of highway safety and the amenities of local residents and in accordance with Policy TR4 of the Adopted Chorley Borough Local Plan Review.

 

4.            The site shall be remediated fully in accordance with recommendations made in the Ground Investigation and Remediation Statement Ref: 588/02 Chorley, Crosse Hall Mill Farm (May 2004) by Woodford Consulting Engineers Ltd.

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 and in accordance with Government advice contained in PPS23: Planning and Pollution Control

 

5.            If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

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 and in accordance with Government advice contained in PPS23: Planning and Pollution Control.

 

6.            Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (Schedule 2, Part 1, Classes A to E), or any Order amending or revoking and re-enacting that Order, no alterations or extensions shall be undertaken to the dwelling(s) hereby permitted, or any garage, shed or other outbuilding erected (other than those expressly authorised by this permission).

Reason:  ...  view the full minutes text for item 212h

212i

10/00823/FULMAJ - 202 Chorley Old Road, Whittle-le-Woods, Lancashire pdf icon PDF 76 KB

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

Additional documents:

Decision:

Permit full planning permission subject to conditions.

Minutes:

(The Committee received representation from Ward Councillor Greg Morgan on the proposals)

 

Application No:            10/00823/FULMAJ

Proposal:                     Erection of 13 dwellings and associated infrastructure following the demolition of no. 202 Chorley Old Road (resubmission of previous application 10/00417/FULMAJ)

Location:                     202 Chorley Old Road, Whittle-le-Woods, Lancashire, PR6 7NA

Decisions:

 

It was proposed by Councillor Roy Lees, seconded by Councillor David Dickinson and subsequently RESOLVED (5:4) – To permit full planning permission subject to the following conditions:

 

1.            The approved plans are:

Stamp-dated on:              DWG No:                Title:

13 September 2010          1000

13 September 2010          1100

13 September 2010          1101

13 September 2010          1010

13 September 2010          SF/01

13 September 2010          SF/03

13 September 2010          GA-02

13 September 2010          4.203/P/B/L

13 September 2010          4.309/P/B/L

13 September 2010          4.208/P/B/L

13 September 2010          4.212/P/B/L

13 September 2010          5.133/P/B/L

13 September 2010          4.134/P/B/L

13 September 2010          3.311/P/B/L

13 September 2010          S09/116

13 September 2010                                          Richmond Sheet 1 0f 2     

13 September 2010                                          Double Garage (Gable Roof)

                                                                           Plan and Elevations

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

 

2.            Before the development hereby permitted is first commenced, a scheme (including plans) shall be submitted to make good the gable end of No. 200 Chorley Old Road following the demolition of No. 202 Chorley Old Road (notwithstanding any such detail shown on previously submitted plan(s)). No development shall commence until such a scheme is approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved scheme.

Reason: To ensure a visually satisfactory form of development and to protect the amenities of the occupiers of nearby properties and in accordance with Policy No. GN5 of the Adopted Chorley Borough Local Plan Review.

 

3.            The integral/attached garage shall be kept freely available for the parking of cars and shall not be converted to living accommodation, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995.

Reason:  To ensure adequate off street parking provision is maintained and thereby avoid hazards caused by on-street parking and to  ensure a high quality visual environment is maintained and in accordance with North West Plan Partial Review (NWPPR) to Policy RT2 of the Regional Spatial Strategy and Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

 

4.            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  ...  view the full minutes text for item 212i

213.

Town And Country Planning Act 1990 Section 257 Public Footpath No 4 And Public Footpath No 19 Chorley Public Path Diversion Order 2010 pdf icon PDF 511 KB

Report of Director of Transformation (enclosed).

Additional documents:

Minutes:

The Director of Transformation submitted a report asking Members of the Committee to consider the confirmation of a Public Footpath Diversion Order, in respect of Public Footpath No. 4, and Public Footpath No. 19 Chorley in order to facilitate the development of a residential housing estate.

 

The proposal to effect the diversion in respect of Public Footpath No. 4 and No. 19 Chorley was approved by the Committee on 30 March 2010.  The Order was first made on 8 July 2010 with advertisement in local press, notices posted on site and statutory consultation.  A local resident brought to officers’ attention a mistake in the route of the diversion as shown on the Order Map compared with the path as laid out within the development.  The Order was remade with corrections to the Order Map on 14 September 2010 and no objections were received following publication of the amended proposal in the press and posting of notices on site.

 

It was proposed by Councillor Christopher France, and seconded by Councillor David Dickinson, and subsequently unanimously RESOLVED – That the Director of Transformation be authorised to confirm as an unopposed Order the Chorley Borough Council Public Footpath No. 4 and Public Footpath No. 19 Chorley Public Path Diversion Order 2010, made pursuant to Section 257 of the Town and Country Planning Act 1990, formally authorising the diversion of Public Footpaths No. 4 and No. 19 Chorley in order to permit development to be carried out in accordance with the grant of planning permission, namely the construction of residential housing.

214.

Proposed confirmation of Tree Preservation Order No. 2 (Wheelton) 2010 with modification pdf icon PDF 498 KB

Report of Director of Transformation (enclosed).

Additional documents:

Minutes:

The Director of Transformation submitted a report seeking the Committee’s formal confirmation of Tree Preservation Order No. 2 (Wheelton) 2010 with modifications.

 

The order was made on 14 June 2010 and served along with the statutory notice prescribed in regulation on all those with an interest in the land on which the beech tree is situated on 14 June 2010.  The same documents were also served to the owner/occupiers of adjacent properties. 

 

The order was made because the Council’s Tree Officer’s assessment stated the tree made a valuable contribution to the visual amenity of the area, being prominently situated and clearly visible to the public and that the removal would have a significant impact on the environment and its enjoyment by the public.

 

No objections had been received in response to the making of the Order.

 

An error in the postal description of the land on which the single protected beech tree is situated was identified after the Order was made.  The Schedule in the Order has been corrected to replace the words ‘Southern boundary of 1 Victoria Street, Wheelton” with the words ‘Southern boundary of 1 St Paul’s Close Wheelton’.

 

It was proposed by Councillor Ralph Snape, seconded by Councillor Simon Moulton and subsequently unanimously RESOLVED – That the Tree Preservation Order No 2. (Wheelton) 2010 be confirmed with modification.

 

215.

Planning Appeals Notification Report pdf icon PDF 511 KB

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

Minutes:

The Director of Partnerships, Planning and Policy submitted a report giving notification of one appeal lodged for the Council’s failure to issue a decision within eight weeks, two appeals that had been lodged against the refusal of planning permissions, one planning appeal that had been dismissed, two appeals allowed, six enforcement appeals lodged, and two planning applications being granted by Lancashire County Council.

 

RESOLVED – That the report be noted.

216.

Delegated decisions determined by the Director of Partnerships, Planning and Policy in consultation by the Chair and Vice Chair of the Committee pdf icon PDF 27 KB

Planning applications delegated on:

Additional documents:

Minutes:

The Committee received for information schedules listing seven planning applications for Category ‘B’ development proposals and one consent for tree works 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 13 October 2010 and 3 November 2010.

 

RESOLVED – That the schedules be noted.

217.

Planning applications determined by the Director of Partnerships, Planning and Policy under delegated powers pdf icon PDF 104 KB

A schedule of the application determined between 29 September 2010 – 2 November 2010 is enclosed.

Minutes:

The Committee received, for information, a schedule listing planning applications determined by the Director of Partnerships, Planning and Policy under delegated powers between 29 September 2010 and 2 November 2010.

 

RESOLVED – That the schedule be noted.