Agenda, decisions and minutes

Apologies for absence was received from Councillor Christopher France.

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 agenda items listed below:

Councillor Henry Caunce – Item 4a, Planning Application 10/01081/FUL

Councillor Dennis Edgerley – Item 4a, Planning Application 10/01081/FUL

Councillor Roy Lees – Item 5, Enforcement Report – Yewtree House Farm

RESOLVED – That the minutes of the Development Control Committee meeting held on 8 February 2011 be confirmed as a correct record and signed by the Chair.

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

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

Councillor Henry Caunce and Councillor Dennis Edgerley declared a prejudicial interest and left the meeting for the duration of this item.

(The Committee received representations objecting to the proposals and the applicant’s agent in support of the application.)

(The Committee received representations from a Ward Councillor objecting to the proposals.)

Application No:          10/01081/FUL

Proposal:                   Change of use and works to existing buildings to create two dwellings and two garages (resubmission of planning application no: 10/00604/FUL)

Location:                    Land North West of and adjacent to Back House Barn, Hall Lane, Mawdesley

Decision:

It was proposed by Councillor Roy Lees, seconded by Councillor June Molyneaux and subsequently RESOLVED (8:1) – To defer the decision to allow Members of the Committee time to visit the site of the proposed development.

Planning permission granted subject to a Section 106 Agreement and conditions, and further consideration of any representations received on the 9 March 2011.

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

Application No:          11/00131/FUL

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

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

Decision:                   

It was proposed by Councillor June Molyneaux, seconded by Councillor Simon Moulton and subsequently RESOLVED (10:0:1) – To approve planning permissions subject to a Section 106 Agreement, further consideration of any representations received on 9 March 2011, 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.    Prior to the commencement of the development full details shall be submitted to demonstrate and provide full details of how the design and layout of the buildings will withstand climate change shall be submitted to ad approved in writing by the Local Planning Authority. The scheme shall include details of the Code for Sustainable Homes Level, how the proposals minimise energy use and maximise energy efficiency. All dwellings commenced after 2010 will be required to meet Level 3, all dwellings commenced after 2013 will be required to meet Level 4 and all dwellings commenced after 2016 will be required to meet Level 6 of the Codes for Sustainable Homes. Such details as may be approved shall be implemented and retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

       Reason: To ensure the proper planning of the area. In line with the objective of National Planning Policy contained in Planning Policy Statement: Planning, the Climate Change Supplement to PPS1, Policies EM16 and EM17 of the Regional Spatial Strategy and Chorley Borough Council's Sustainable Resources DPD.

3.    Due to the size of development and sensitive end-use, the development hereby permitted shall not commence until the applicant has submitted to and had approved in writing by the Local Planning Authority a report to identify any potential sources of contamination at the site and where appropriate, necessary remediation measures.  The report should include an initial desk study, site walkover and risk assessment and if the initial study identifies the potential for contamination to exist on site, the scope of a further study must then be agreed in writing with Local Planning Authority and thereafter undertaken and shall include details of the necessary remediation measures. The development shall thereafter only be carried out following the remediation of the site in full accordance with the measures stipulated in the approved report.

       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, in accordance with PPS23.

4.    No development shall take place until a scheme has been submitted to and agreed in writing with the Local Planning Authority in conjunction with the Highway Authority which demonstrates how the existing site access serving Plots 3 and 4  ...  view the full minutes text for item 22b

Planning permission granted subject to conditions.

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

Application No:          11/00059/FULMAJ

Proposal:                   Section 73 application to vary conditions 1 (approved plans), 17 (levels – in respect of plots 8, 9, 10 and 11 to accommodate the drainage requirements) and 224 (approved plans – specifically in respect of the approved landscaping plans) attached to planning approval 09/00714/FULMAJ

Location:                    Land adjacent to Fairview Farm (including land bounded by Chorley Road/Eller Brook and Railway) Fairview Drive, Adlington

Decision:

It was proposed by Councillor June Molyneaux to defer the decision to allow further clarification of the issues related to flooding as discussed at the meeting, there was no seconder to this proposal.

It was proposed by Councillor David Dickinson, seconded by Councillor Mick Muncaster and subsequently RESOLVED (10:1) – To approve planning permission subject to the following conditions:

1.    The proposed development must be begun not later than three years from the date of planning permission reference 09/00714/FULMAJ

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 fences and walls to be erected as discharged by application 10/00947/DIS. 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.

3.    The development hereby permitted shall be carried out in accordance with the approved external facing materials as discharged by application 10/00863/DIS.

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.

4.    The development hereby permitted shall be carried out in accordance with the approved hard ground- surfacing materials as discharged by application 10/00863/DIS.

Reason: To ensure a satisfactory form of development in the interest of the visual amenity of the area and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

5.    The development hereby permitted shall be managed in accordance with the approved Management Company arrangements as discharged by application 10/00947/DIS.

Reason: To ensure the satisfactory management of the private driveways and Environmental Areas at the site and in accordance with Policies GN5 and TR4 of the Adopted Chorley Borough Local Plan Review.

6.    The development hereby permitted shall be carried out in accordance with the approved precautionary measures set out within the Phase 1 Desk Study and Phase 2 Investigation and Report submitted as part of application 10/00863/DIS.

Reason: In the interests of safety and in accordance with Government advice contained in  ...  view the full minutes text for item 22c

That the conditions subject to this application be discharged as described in the report apart from condition 29 which was not required.

Application No:          11/00080/DIS

Proposal:                   Application to discharge conditions 5, 6, 8, 9, 11, 29, 30 and 46 attached to planning approval 08/00910/OUTMAJ

Location:                    Group 1 Euxton Lane, Euxton

Decision:

It was proposed by Councillor David Dickinson, seconded by Councillor Mick Muncaster and subsequently unanimously RESOLVED – That the conditions subject to this application (as detailed below) be discharged apart from condition 29 which was not required discharging as it was a compliance condition which did not require the submission of details to the Council.

Condition 5

1.    Condition 5 is as follows: Prior to the submission of any reserved matters applications on the site pursuant to Condition 2 a Design Code shall be submitted to and approved in writing by the Local Planning Authority. This Design Code shall be produced in accordance with the Design and Access Statement dated August 2008 and the Supplementary Report to the Design and Access Statement dated January 2009. The Design Code shall include the design principles for the whole of the site and will incorporate, amongst other elements,:

·      The Masterplan for the site

·      Specific character areas incorporating detailing design requirements

·      A highway hierarchy and design considerations including the alignment of the main road through the site linking Central Avenue to the A49

·      A greenspace and landscape structure

·      A movement framework

·      Layout considerations

·      Parking and garaging

·      Appropriate building and hard surfacing materials

·      Details of appropriate boundary treatments

·      Lighting

·      Signage and signposting

·      Sustainability

·      Details of the laying of services, drainage and cables

·      Bin storage and rubbish collection

·      Ecology and nature conservation

Each reserved matters application thereafter shall be submitted in accordance with the Approved Design Code unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a comprehensive approach to the development of this site is achieved and in the interests of the proper planning of the site. In accordance with Policy GN2 of the Adopted Chorley Borough Local Plan Review

Condition 6

2.    Condition 6 is as follows: Prior to the commencement of the development and the submission of any reserved matters application pursuant to Condition 2 the following details shall be submitted to and approved in writing by the Local Planning Authority:

·    Foul and surface water drainage

·    Surface water strategy including details of the attenuation ponds

·    Nature conservation and enhancement works including details of the proposed ponds

·    Provision and layout of public open space

·    Provision of footpath and cycle links

·    Existing and proposed levels

·    Tree works and tree protection measures

Each and every reserved matters application shall be submitted in accordance with the approved details.  The development thereafter shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of the proper and comprehensive planning of the site to create a high quality sustainable development. In accordance with Policy GN2 of the Adopted Chorley Borough Local Plan Review.

Condition 8

3.    Condition 8 is as follows: Prior to the commencement of the development a movement strategy shall be  ...  view the full minutes text for item 22d

Councillor Roy Lees declared a prejudicial interest and left the meeting for the duration of this item.

The Committee received a report from the Director of Partnerships, Planning and Policy asking Members of the Committee to consider a request to extend the period of compliance with Enforcement Notices issued in respect of Yew Tree House Farm, Coppull Hall Lane, Coppull.

Members approved a recommendation last year to issue Enforcement Notices in respect of operational development involving the processing of milk.  The appellant sought an extension of time to the compliance periods allowed in the notices.

It was proposed by Councillor Dennis Edgerley, seconded by Councillor June Molyneaux and subsequently unanimously RESOLVED -  That the period allowed for compliance with the Enforcement Notices should not be extended as the period allowed for compliance was felt reasonable and any longer period would prolong the harm caused by the development.

The Director of Transformation submitted a report for Members to consider a formal confirmation of a Tree Preservation Order without modifications. No objections had been received in response to the making of the order.

It was proposed by Councillor Dennis Edgerley, seconded by Councillor June Molyneaux and subsequently unanimously RESOLVED – That the Chorley Borough Council Tree Preservation Order No. 7 (Whithnell) be confirmed without modifications.

The Director of Transformation submitted a report for Members to consider a formal confirmation of a Tree Preservation Order without modifications. No objections had been received in response to the making of the order.

It was proposed by Councillor Dennis Edgerley, seconded by Councillor June Molyneaux and subsequently unanimously RESOLVED – That the Chorley Borough Council Tree Preservation Order No. 9 (Euxton) be confirmed without modifications.

The Director of Partnerships, Planning and Policy submitted a report giving notification of one appeal lodged against the refusal of planning permission and a planning application granted by Lancashire County Council.

RESOLVED – That the report be noted.

The Committee received, for information, schedules listing nine planning applications for Category ‘B’ development proposals which had been determined by the Chair and Vice Chair of the Committee at meetings held on 8 February and 23 February 2011.

RESOLVED – That the schedules be noted.

The Committee received, for information, a schedule listing planning applications determined by the Director of Partnerships, Planning and Policy under delegated powers between 27 January 2011 and 23 February 2011.

RESOLVED – That the schedule be noted.

The Head of Governance gave a verbal update on a planning appeal.