Agenda, decisions and minutes

Apologies for absence were received from Councillor Allan Cullens.

To confirm the minutes of the Development Control Committee meeting held on 11 January 2011 (enclosed).

RESOLVED – That the minutes of the Development Control Committee meeting held on 11 January 2011 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.

In accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and the Members Code of Conduct, Councillor Dennis Edgerley declared a  personal interest in respect of Minute 11.DC.14 and   Councillor Christopher France declared a personal interest in Minute 11.DC.13c and Minute 11.DC.13d.

The Development Control Team Leader advised that he had a personal  interest in Minute 11.DC.13g.

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 seven 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 decision as recorded below:

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

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

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

Application No:          09/01021/FULMAJ & 09/01022/LBC

Proposal:                   Shell repair and refurbishment of the Grade 2* Listed Building, Bank Hall, in to 12 residential dwellings and associated development comprising of 23 residential dwellings on the former orchard site and Listed Building Consent

Location:                    Bank Hall, Bank Hall Drive, Bretherton, Lancashire

Decision:

It was proposed by Councillor Dennis Edgerley, seconded by Councillor Mick Muncaster and subsequently unanimously RESOLVED – To approve full planning permission subject to conditions, and a Section 106 Agreement and grant listed building consent subject to condition.

Conditions for application No. 09/01021/FULMAJ

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:

Bank Hall

Plan Ref:          Received On: Title:

351(P)06           09/02/2010       East Wing elevation

351(P)07           09/02/2010       South elevation

351(P)08           09/02/2010       South Returns elevation

351(P)09           09/02/2010       West Wing elevation

351(P)10           09/02/2010       North elevation

023/P200          09/02/2010       Ground Floor plan

023/P201          09/02/2010       Mezzanine, 3^rd & 4^th floor Tower plan

023/P202          09/02/2010       First Floor plan

023/P203          09/02/2010       Second Floor plan

023/P204          09/02/2010       Roof plan

023/P205          09/02/2010       Sections

023/P206          09/02/2010       Sections

023/P207          09/02/2010       Sections

023/P208          09/02/2010       Sections

Enabling development

Plan Ref.          Received On: Title:

023/P100          09/02/2010       Ground Floor plan Court 1 House Type A & B

023/P101          09/02/2010       1^st Floor plan Court 1 House Type A & B

023/P102          09/02/2010       Ground Floor plan Court 2 house Type C

023/P103          09/02/2010       1^st Floor plan Court 2 House Type C

023/P104          09/02/2010       1^st Floor plan Court 2 House Type C

023/P105          09/02/2010       Courts 1 & 2 Roof plan

023/P106          09/02/2010       Court 1 units 1 – 4 elevations

023/P107          09/02/2010       Court 1 units 5 – 8 elevations

023/P108          09/02/2010       Court 1 units 9 – 12 elevations

023/P109          09/02/2010       Court 1 units 13 – 15 elevations

023/P110          09/02/2010       Court 2 units 16 – 17 elevations

023/P111          09/02/2010       Court 2 units 18 – 19 elevations

023/P112          09/02/2010       Court 2 units 20 – 21 elevations

023/P113          09/02/2010       Court 2 units 22 – 23 elevations

Overall

Plan Ref.          Received On: Title:

023/P001          09/02/2010       Location Plan

023/P002          09/02/2010       Site and Landscape plan

023/P003          09/02/2010       Site Sections

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

3.   Prior to the commencement of the development, full details of the Management Company to deal with the future management and maintenance of the site shall be submitted to and approved in writing by the Local Planning Authority. The site shall thereafter be managed by the approved Management Company.

Reason: To ensure the satisfactory management of the private driveway, resident’s parking spaces and refuse storage/collection at the site and in accordance with Policy TR4 of the Adpoted Chorley Borough Local Plan Review

4.   Before the development hereby permitted commences the mitigation measures outlined in the ecological surveys entitled:

·         Proposed Restoration and Redevelopment of bank Hall, Bretherton, Lancashire: Ecological Survey  ...  view the full minutes text for item 13a

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

Conditional outline planning approved subject to an amended Section 106 Agreement and conditions.

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

Application No:          10/00176/OUTMAJ

Proposal:                   Class A1 retail development with ancillary works and associated infrastructure – in outline

Location:                    Flat Iron Car Park, Union Street, Chorley

Decision:

It was proposed by Councillor David Dickinson, seconded by Councillor Henry Caunce and subsequently unanimously RESOLVED – To grant conditional outline planning approval subject to an amended Section 106 Agreement and the following conditions:

Highways

1.      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 been submitted to, and approved in writing by, the Local Planning Authority in consultation with the Highway Authority. The scheme shall include the timing of the delivery of all such works, together with contingency arrangements.

      Reason: In the interests of highway safety and to ensure appropriate pedestrian connectivity between Chorley Town Centre and the public transport hubs before trading commences in accordance with PPS4, and in order to satisfy the Local Planning Authority and the Highway Authority that the final details of the highway scheme/works are acceptable before work commences on site 

2.      No part of the development hereby approved shall be occupied or opened for trading until the approved scheme referred to in condition 1 has been constructed and completed in accordance with the scheme details.

      Reason: In order that the traffic generated by the development does not exacerbate unsatisfactory highway conditions in advance of the completion of the highway scheme/works.

3.      The development shall not be occupied or brought into use until details of a Travel Plan (Broadly in accordance with the draft Travel Plan submitted as part of this application) have been submitted to and approved in writing by the Local Planning Authority, such Travel Plan to include:

a.   the form and timing of travel surveys

b.   interim targets pending the results of travel surveys

c.   actual targets based on the results of travel surveys

d.   measures proposed to achieve the targets

e.   the means and funding for the monitoring of the travel plan

f.    enforcement and sanctions

g.   timing of submission of the final travel plan

      Together with a timetable for the implementation of each such element.

      None of the units within the development shall be occupied prior to implementation of those parts of the approved Travel Plan that are capable of being implemented prior to occupation.  Those parts of the approved Travel Plan that are identified therein as only being capable of implementation after occupation shall be implemented in accordance with the timetable contained therein and shall continue to be implemented as long as the development is occupied.

      Reason: In order to ensure that the development is accessible by a choice of means of transport including public transport in accordance with PPS4, PPG13 and Policy TR1 of the Chorley Borough Local Plan

4.      Within the reserved matters application(s) the provision of a  ...  view the full minutes text for item 13b

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

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

(Councillor Christopher France declared a prejudicial interest in the following item, he did not leave the room but took no part in the discussion and subsequent vote.)

(The Committee received representation for a Ward Councillor objecting to the proposals, and the applicant’s agent in support of the proposals.)

Application No:          10/00771/FUL

Proposal:                   Demolition of existing garages and erection of 5 No, 2 Bed 3 Person Bungalows

Location:                    Land immediately East of 43-51 Acresfield, Adlington

Decision:

It was proposed by Councillor June Molyneaux to refuse planning permission on traffic grounds.

It was proposed by Councillor Roy Lees, seconded by Councillor Simon Moulton and subsequently RESOLVED (9:1) - To approve 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.   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: To protect the appearance of the localityand in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

3.   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.

4.   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, DC8A, DC8B, HT2, HT3, HT7, HS4, HS9, EM3, EM4A and EM5 of the Adopted Chorley Borough Local Plan Review.

5.   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. No dwelling shall be occupied until all fences and walls shown in the approved details to bound its plot have  ...  view the full minutes text for item 13c

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

Conditional reserved matters approved.

(Councillor Christopher France declared a prejudicial interest in the following item, he did not leave the room but took no part in the discussion and subsequent vote.)

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

Application No:          10/00946/REMMAJ

Proposal:                   Reserved Matters application, pursuant to Section 73 planning permission 10/00888/OUTMAJ, proposing full details for the siting, layout, appearance and landscaping for a residential development comprising 135 dwellings at Duxbury Park, Myles Standish Way, Chorley

Location:                    Vertex Training and Conference Centre, Little Carr Lane, Chorley

Decision:

It was proposed by Councillor Dennis Edgerley, seconded by Councillor Simon Moulton and subsequently unanimously RESOLVED – to grant conditional reserved matters approval with the following conditions:

1.   The proposed development must be begun not later than two years from the date of this permission or not later than six years from the date of the outline planning permission (reference 08/01044/OUTMAJ)

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.   All windows in the first  floor of the rear elevation on plots 78 and 79 shall be fitted with obscure glass and obscure glazing shall be retained at all times thereafter.

      Reason:  In the interests of the privacy of occupiers of neighbouring property and in accordance with Policy Nos. GN5, HS4 and HS9 of the Adopted Chorley Borough Local Plan Review.

3.   The approved plans are:

Plan Ref.                      Received On:             Title:

502-102 Rev C            19 January 2011        Planning Layout

502                                24 November 2010    Proposed Drainage Connections

1237-903 Rev B          16 November 2010    Landscape General Arrangements

115                                25 November 2010    Footpath Diversion Plan

P.130.10.01                  22 October 2010        Existing Site and Tree Survey

P.130.10.02 Rev B     22 October 2010        Tree Protection Arrangements

6010/01 Rev A            22 October 2010        Topographical Survey

502-103 Rev A            21  January 2011       Street Scenes

502-101                        22 October 2010        Location Plan

502-111                        22 October 2010        Site Section Sheet 2

ASPUL-2/101 Rev A  19 January 2011        Aspull

EUXTON-3/101 Rev A  19 January 2011     Euxton

EPSOM-4F/101           19 January 2011        Epsom

CALDY-4R/101           19 January 2011        Caldy

OXFORD-3/101 Rev A    19 January 2011  Oxford (Tudor details)

OXFORD-3/102 Rev A    19 January 2011  Oxford (Tile hanging details)

H119-4/101 Rev A      19 January 2011        Prestbury

ALDGATE-3/101 Rev A  19 January 2011  Aldgate

LANGLEY-4/101 Rev A   19 January 2011  Langley

LANGLEY-4/102 Rev A   19 January 2011  Langley

LANGLEY-4/103 Rev A   19 January 2011  Langley (Gable Roof)

THORNBURY-4/101 Rev A     19 January 2011  Thornbury

SOMERTON-4/101 Rev A       19 January 2011  Somerton

APPLETON-4S/101 Rev A      19 January 2011  Appleton (side entry garage)

APPLETON-4S/102                                       19 January 2011                  Appleton (side entry garage)

APPLETON-4F/101 Rev A      19 January 2011  Appleton (front entry garage)

GRANTHAM-5FA/101 RevA 19 January 2011    Grantham (front aspect)

GRANTHAM- 5FA/102 RevA19 January 2011    Grantham (front aspect)

GRANTHAM-5SA/103RevA 19 January 2011    Grantham (front aspect)

GRANTHAM-5SA/101 RevA19 January 2011     Grantham (side aspect)

NEWBURY-5/101 Rev A    19 January 2011     Newbury (Tudor gable)

NEWBURY-5/102 Rev A    19 January 2011     Newbury  ...  view the full minutes text for item 13d

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

Planning permission granted subject to conditions restricting it to a three year temporary permission for use by the charity only.

Application No:          10/01067/FULMAJ

Proposal:                   Change of use from a former auction house (part of building) to a mixed use comprising warehouse/recycling space, retail space and office/ancillary space for Help the Homeless

Location:                    Unicorn Fairs South Hall, Park Hall, Park Hall Road, Charnock Richard

Decision:                   

It was proposed by Councillor Dennis Edgerley, seconded by Councillor David Dickinson and subsequently unanimously RESOLVED – 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 approved plans are:

      Plan Ref.              Received On:            Title:

      10-1631 LO1        9 December 2010     Site Location Plan

      10-1631 EX01     9 December 2010      Existing Floor Plans

      10-1631 P01        9 December 2010      Proposed Floor Plans

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

3.   The use hereby permitted shall be carried on only by Help the Homeless Ltd and shall be for a limited period of 3 years from first occupation of the building. When the premises cease to be occupied by Help the Homeless Ltd or at the end of 3 years from first occupation of the building whichever shall first occur, the use hereby permitted shall cease.

      Reason: The permission was granted on a temporary basis having regard to the special circumstances advanced in support of the application, however the use would be inappropriate to the locality on a permanent basis and in accordance with PPS4 and Policy No. SP1 of the Adopted Chorley Borough Local Plan Review.

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

The application was withdrawn.

Application No:          10/01095/FUL

Proposal:                   Demolition of the former pub/restaurant and the erection of 4 detached dwellings with associated works

Location:                    Sultan’s Palace Indian Restaurant, Bolton Road, Bolton

Decision:

The report was withdraw to give the applicant time to seek further information on the location of mains water pipes and the re-submission with a revised layout.

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

Planning permission granted subject to conditions.

(Councillor Roy Lees left the room for the duration of the following item)

(The Development Control Committee Team Leader expressed a personal interest in the following item and took no part in the delivery of the item or advising the Committee.)

Application No:          10/01012/FULMAJ

Proposal:                   Landscape proposals to two area’s of green corridor and communal space at land adjacent to parcels J and L

Location:                    Parcel J and L Buckshaw Avenue, Buckshaw Village

Decision:

If was proposed by Councillor Christopher France, seconded by Councillor Simon Moulton and subsequently unanimously RESOLVED – 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 approved plans are:

      Plan Ref.                Received On:             Title:

      412/SL01                15 November 2010    Site Location Plan

      594/200.1 Rev A   21 January 2011        Landscape Details Sheet 1 of 3

      594/200.2               15 November 2010    Landscape Details Sheet 2 of 3

      594/200.3               15 November 2010    Landscape Details Sheet 3 of 3

      594.401                   15 November 2010    Site Sections

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

3.   Prior to the commencement of the development full details of the design of the play area in the position shown on drawing 594/200.2 shall be submitted to and approved in writing by the Local Planning Authority. The play area shall be constructed as per the approved details within six months of the communal square being landscaped.

Reason: To ensure the play area is implemented and is to a satisfactory design and in accordance with policy GN2 of the Adopted Chorley Borough Local Plan Review.

4.   There shall be no vehicular access onto the footpath/cycleway and as such the erection of bollards 1 metre in height will be required at both ends of the footpath/cycleway hereby approved. Full details of the bollards, including their sting, shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be carried out in accordance with the approved details.

Reason: To ensure that the footpath/cycleway is used for its intended purpose, in the interests of highways safety and in accordance with Policy GN2 of the Adopted Chorley Borough Local Plan Review.

5.   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 NoGN5 of  ...  view the full minutes text for item 13g

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

(Councillor Dennis Edgerley announced that he had a personal interest in the following item, he remained in the room but took no further part in the decision or subsequent vote.)

The Committee received a report from the Director of Partnerships, Planning and Policy asking Members of the Committee to consider whether it was expedient to issue an Enforcement Notice under Section 172 and of the Town and Country Planning Act 1990 in respect of a barn situated to the West of 1 Blue Stone Barn, Blue Stone Lane, Mawdesley.  Without planning permission, a timber wall on the south elevation of the barn had been replaced with a concrete block work wall.

It had not been demonstrated that the works undertaken were necessary for the purposes of agriculture; the works were a substantial alteration which detract from the character of the existing barn.  As such, the development was by definition an inappropriate development in the Green Belt and was contrary to saved Policy DC 1 of the Chorley Borough Local Plan Review and Planning Policy Guidance (PPG2) Green Belts.

It was proposed by Councillor Mick Muncaster, seconded by Councillor Simon Moulton and subsequently unanimously RESOLVED – That is was considered expedient to purse enforcement action.

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

The Director of Partnerships, Planning and Policy submitted a report giving notification of four appeals lodges against the refusal of planning permission, one for non-determination of a decision, and one for the refusal of listed building consent.  There had also been one appeal withdrawn and two enforcement appeals had been dismissed.

RESOLVED – That the report be noted.

The Committee received for information schedules listing ten planning applications for Category ‘B’ development proposals which had been determined by the Chair and Vice Chair of the Committee at meetings held on  11 January 2011 and 26 January 2011.

RESOLVED – That the schedules be noted.

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

The Committee received, for information, a schedule listing planning applications determined by the Director of Partnerships, Planning and Policy under delegated powers between 25 December 2010 and 26 January 2011.

RESOLVED – That the schedule be noted.

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

The Committee received a report from the Director of Partnerships, Planning and Policy asking Members of the Committee to consider whether it was expedient to take enforcement action to secure the removal of unauthorised buildings and structures from the land 400m East of 41 Wigan Lane, Coppull, the removal of the parking area from the land, the covering of the internal gravel pathways, which had been formed, with top soil. To reduce the height of all timber posts and mesh fencing to a height of two meters.

The proposed development would have been located within the Green Belt.  The development site was also set within an accessible area with several public footpaths with views into the site.  The development on site incorporated buildings within the definition of the Town & Country Planning Act 1990 used in association with the use applied for and these buildings represented inappropriate developments within the Green Belt (Para 3.4 PPG2) and did not represent essential facilities as defined within Para 3.5 of PPG 2.  The proposal was not therefore considered to be in accordance with Planning Policy Guidance note 2 and reiterated by Chorley Borough Local Plan Review Policy DC 1 in terms of material change in the use of the land due to the facilities associated with the use.  It was not considered that the applicant had put forward a case for very special circumstances that outweighed the total harm to the Green Belt to justify permitting the proposal.  It was also considered contrary to PPG 17 in that the facilities associated with the development were above what was considered essential.

It was proposed by Councillor Simon Moulton, seconded by Councillor June Molyneaux and subsequently unanimously RESOLVED – That it was considered expedient to purse enforcement action.