Agenda, decisions and minutes

There were no apologies for absence.

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

RESOLVED – That the minutes of the Development Control Committee meeting held on 14 December 2010 be confirmed as a correct record and signed by the Chair.

Members are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda. If the interest arises only as result of your membership of another public body or one to which you have been appointed by the Council then you only need to declare it if you intend to speak.

If the personal interest is a prejudicial interest, you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

There were no declarations of interest.

A table of planning applications to be determined is enclosed.

Please note that copies of the location and layout plans are in a separate pack (where applicable) that has come with this agenda. Plans to be considered will be displayed at the meeting or may be viewed in advance by following the links to the current planning application on our website:

http://planning.chorley.gov.uk/PublicAccess/TDC/tdc_home.aspx

The Director of Partnerships, Planning and Policy submitted reports on three 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).

Decision deferred to allow the applicant to submit a noise assessment.

Application No:            10/00735/OUTMAJ

Proposal:                     Outline planning application for the erection of a residential development with associated access arrangements:

Location:                     Land 110m West of Coppull Enterprise Centre, Mill Lane, Copull, Chorley

Decision:

It was proposed by Councillor Ralph Snape, seconded by Councillor Mike Muncaster and subsequently unanimously RESOLVED – To defer the decision to the next  meeting on 8 February 2011 to allow the applicant time to submit a Noise Assessment.

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

Planning permission granted subject to conditions.

Application No:            10/00812/FULMAJ

Proposal:                     Change of use of existing leisure moorings to 48 residential moorings

Location:                     White Bear Marina, Park Road, Adlington, Chorley

Decision:

It was proposed by Councillor David Dickinson, seconded by Councillor Henry Caunce 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.      This consent relates to the following plans:

         Plan Ref:                 Received On:            Title:

    WBR/003 Rev C     10 December 2010    Proposed Site Plan

         Reason: To define the consent and to ensure all works are carried out in a satisfactory manner.

3.      The permanent residential moorings hereby granted shall only be occupied by canal boats up to 60 feet in length and by no other vessels.

         Reason: The permission was granted having regard to the special circumstances advanced in support of the application, however larger family boats would be inappropriate in this area without appropriate provision for contributions towards play space provision and the requirements of Policy EP21 of the Adopted Chorley Borough Local Plan Review.

4.      Notwithstanding the information shown on the approved drawings, full details of a design for the screening of the existing external bin store shall be submitted to and approved in writing by the Local Planning Authority. The agreed design shall then be implemented on site prior to the commencement of the use hereby approved and shall remain thereafter.

         Reason: In the interest of residential amenity of the future occupiers of the site and in accordance with Policy No HS4 of the Adopted Chorley Local Plan

.

5.      Before the development hereby permitted is first occupied, provision for cycle parking provision, in accordance with details to be first agreed in writing with the Local Planning Authority, shall have been made.

         Reason : To ensure adequate on site provision for cycle parking and in accordance with Policy No. TR18 of the Adopted Chorley Borough Local Plan Review.

6.      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.

7.      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  ...  view the full minutes text for item 4b

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

Planning permission granted subject to a Section 106 Agreement and conditions.

Application No:            10/001015/FUL

Proposal:                     Application for plot substitution of plots R319, R320, R321, R322 and R323 previously approved as part of planning application 07/01228/REMMAJ

Location:                     Formerly Multipart Distribution Limited, Pilling Lane, Chorley

Decision:

It was proposed by Councillor Ralph Snape, seconded by Councillor Christopher France and subsequently unanimously RESOLVED –  To grant full planning permission subject to a Section 106 Agreement, the following conditions and further consideration of any representations received.  Consideration of any additional issues raised to be delegated to the Chair of Development Control Committee in consultation with the Head of Planning:

1.      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.

2.      The approved plans are:

         Plan Ref.                                Received On:               Title:

                                                4081-11-02-001 Rev S          16 November 2010       Planning Site Layout

         4081/ENG010-3 Rev A          8 December 2010         External Works Layout

                                                                                                SHT 3

         Lex-11-02-003 Rev E            8 December 2010         Boundary Treatment

                                                                                                Plan

         4081-11-001-001 Rev D        16 November 2010       Material Schedule

         C-SD0910                               16 November 2010       Gate within Close                                                                                                     Boarded Fence, 1.8m

                                                                                                high

         C-SD0806                               16 November 2010       Free standing brick

                                                                                                walls, 215mm wide

         C-SD0900                               16 November 2010       Post and Rail Fencing

         C-SD0906                               16 November 2010       Close Boarded Fencing,

                                 1.8m High, Standard

                                 Effect

         4081-11-02-003 Rev E          16 November 2010       Location Plan

         C-SG01-1-001 Rev B            16 November 2010       Single Garage Type 1

         C-DG01-1-001 Rev B            16 November 2010       Double Garage

         C3H108                                  16 November 2010       The Kenilworth

         Plan Ref.                                Received On:               Title:

         C4H134                                  16 November 2010       The York

         C4H141                                  16 November 2010       The Canterbury

         C4H141                                  16 November 2010       The Canterbury Floor                                                                                              Plans    

         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 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.

4.      The external facing materials detailed on the approved plans shall be used and no others substituted. (Namely Ibstock New Sandhurst Stock bricks and Redland Duoplain roof tiles colour rustic brown)

         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.

5.      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  ...  view the full minutes text for item 4c

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

The Director of Partnerships, Planning and Policy submitted a report seeking the Committee’s instructions on whether to confirm the Tree Preservation Order (TPO) No.6 (Whittle-le-Woods) 2010 with or without modifications in light of an objection being received.

The trees in question stand within the rear garden of a property known as Greenways which was vacant following the death of the owner.  Given the potential threat to trees which contributed to the visual amenity of the area, it was considered expedient to make a tree preservation order.

One letter of objection had been received from the solicitors acting on behalf of the trustees of the property.  The objection was made on the grounds that the protection of trees was not in the public interest because the surrounding land was in private control therefore the trees cannot be seen from land to which the public have access.  In addition, that the trees do not have amenity value due to screening from surrounding trees.

Whilst the access road leading to the property was under private control there was a golf course to the rear of the property from which the trees could be seen.  Although it was a private golf club, members and their guests are also members of the public and this would also extend to the occupiers of the neighbouring local residential properties.  Longer distance views of the trees within the landscape could also be seen from the Buckshaw development.

Whilst there was significant tree cover in the area, and to a degree the trees were screened by others, their contribution added to the amenity of the woodland area.

It was proposed by Councillor Dennis Edgerley, seconded by Councillor June Molyneaux, and subsequently unanimously RESOLVED -  that the Tree Preservation Order No. 6 (Whittle-le-Woods) 2010 be confirmed as there was evidence that the trees may be under threat of removal due to tree felling in the local area which would result in trees which have an amenity to value being lost.

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

The Director of Partnerships, Planning and Policy submitted a report seeking the Committee’s instructions on whether to confirm the Tree Preservation Order (TPO) No.10 (Abbey Village) 2010 with or without modifications in light of an objection being received.

The tree in question, a sycamore tree, stands in the side garden of 127 Bolton Road, Abbey Village within the Abbey Village Conservation Area.  An application was received to fell the tree together with an ash tree which required consent due to the trees being within a conservation area.  It was considered expedient to protect the sycamore tree but to allow the removal of the ash tree and an order on that basis was made.

A letter of objection had been received from the owner of the property citing the following reasons for the objection as follows:

• health and safety risk to users of the garden and public footpath
• could cause damage to property due to close proximity
• obscures light to property
• could be unsafe due to splitting of trunk

In response the Council’s Arboricultural Officer advised the following:

• that the trunk of the ash was within a metre of the gable end of the public house next door and so was not considered worthy of retention due to the inherent problems raised by this.  The sycamore was more central between the properties and although the canopy was close to the property which could affect light levels, which was easily remedied with some minor pruning back.

• The sycamore was a mature specimen and was very prominent from the highway, giving it a correspondingly high amenity value.  It had been pruned in the past and advice had been given that the TPO would not preclude any reasonable pruning works.

• The tree was mature but not senescent and could have many good years ahead of it.  There was no sign of any major problems, no cavities or fungal fruiting bodies and the root plate showed no signs of movement.

• In regards to the reference that was made to splitting of the trunk rendering it unsafe, the Arboricultural Officer advised that he could see no evidence of this on his visit, although there was an inclusion of the two main stems that could be mistaken for a split.

In his conclusion the Arboricultural Officer found no reason for the removal of the tree. 

It was proposed by Councillor Dennis Edgerley, seconded by Councillor Christopher France, and subsequently unanimously RESOLVED -  that the Tree Preservation Order No. 10 (Abbey Village) 2010 be confirmed as the intention was fell a healthy mature tree in a prominent position within the Abbey Village Conservation Area which had significant amenity value.

Planning applications delegated on:

The Committee received for information schedules listing ten planning application for Category ‘B’ development proposals and one listed building consent which had been determined by the Chair and Vice Chair of the Committee at meetings held on 14 December 2010 and 22 December 2010.

RESOVLED – That the report be noted.

A schedule of the applications determined between 2 December 2010 and 24 December 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 2 December 2010 and 24 December 2010.

The Committee  were informed of an amendment to planning application 10/00834/FULMAJ in that the planning application had been withdrawn by the applicant.

RESOLVED – That the report be noted.

The Chair wished Members of the Committee a Happy New Year.