Agenda, decisions and minutes

Development Control Committee - Tuesday, 29th March 2011 6.30 pm

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Venue: Council Chamber, Town Hall, Chorley

Contact: Cathryn Barrett 

Items
No. Item

30.

Apologies for absence

Minutes:

31.

Minutes pdf icon PDF 163 KB

To confirm the minutes of the Development Control Committee meeting held on 8 March 2011 (enclosed).

Minutes:

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

 

Matters Arising - Minutes Number 11.DC.22(c)

 

At the Development Control Committee on 8 March 2011 the Fairview Farm, application number: 11/00059/FULMAJ (Section 73) was approved subject to various conditions.

 

The Committee was advised that the reason for the submission of this application was due to amendments to the proposed landscaping of the site to satisfy ecological concerns raised by the Environment Agency and to raise the levels of a few of the properties slightly.

 

Subsequent to the Committee meeting and prior to issuing the decision further information was submitted in respect of two of the conditions as follows:

 

17.    Within one month of the date of this planning approval full details of the predicted energy use of the development expressed in terms of carbon emissions shall be submitted to an approved in writing by the Local Planning Authority. If no data specific to the application is available benchmark data will be acceptable. A schedule should include how energy efficiency is being addressed, for example, amongst other things through the use of passive solar design. It will be flexible enough to show the on-site measures to be installed and implemented so as to reduce carbon emissions in accordance with policy SR1 of the Sustainable Resources DPD. No development shall commence until the scheme has been submitted to and approved in writing by the Local Planning Authority unless it can be demonstrated, through open book accounting, that the individual site’s circumstances are such that development would not be feasible or viable if the policy were implemented. Such details as may be approved shall be implemented and retained in perpetuity.

          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 and Supplementary Planning Document

 

          Full details of the measures to reduce carbon emissions were submitted which are acceptable in respect of Planning Policy SR1 and a gabion retaining wall will no longer be required which the Council’s Arboricultural Officer is satisfied with in respect of the health of the tree. As such these conditions have been amended as follows:

 

18.    The development hereby permitted shall be carried out in accordance with the approved scheme to reduce carbon emissions at the site. The approved details include a system of solar heated domestic hot water for all dwellings. The systems will comprise solar panels mounted on the roof and connected to solar twin coil hot water cylinders.

          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  ...  view the full minutes text for item 31.

32.

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 the Members Code of Conduct, the following Members declared a prejudicial interest in relation to the agenda item listed below:

 

Item 4c, Planning Application 10/01081/FUL - Councillor Henry Caunce

Item 4c, Planning Application 10/01081/FUL - Councillor Dennis Edgerley

 

33.

Planning applications to be determined pdf icon PDF 56 KB

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 your 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

Minutes:

33a

11/00100/FUL - Chisnall Playing Fields Coppull pdf icon PDF 72 KB

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

Additional documents:

Decision:

Planning permission granted subject to conditions.

Minutes:

(The Committee received representations from the applicant in support of the application)

 

Application No:          11/00100/FUL

Proposal:                   Proposed extension of existing changing rooms to include gymnasium

Location:                    Chisnall Playing Fields, Chisnall Lane, Coppull

Decision:

 

It was proposed by Councillor Mick Muncaster, seconded by Councillor David Dickinson to grant planning permissions.

 

An amendment to the motion was proposed by Councillor Dennis Edgerly, seconded by Councillor Mick Muncaster and subsequently unanimously RESOLVED – To grant planning permission subject to conditions delegated to the Director of Partnerships, Planning and Policy in consultation with the Chair of the Committee to determine, which are as follows:

 

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.         No system of sound amplification shall be used or operated at any time in connection with the development hereby permitted.

Reason: In the interests of the residential amenities of the adjacent properties and in accordance with EP20  of the Adopted Chorley Borough Local Review.

 

3.         Before commencement of the development hereby permitted, details of the activities to be held in the gymnasium/multi-use room hereby permitted (as shown on drawing no. 001/ELEVS), along with details of their association with the Rugby Club and/or local community, shall be submitted to and approved in writing  by the Local Planning Authority. The gymnasium/multi use room shall thereafter only be used n accordance with the approved details.

Reason: The proposal was permitted in the green belt on the grounds of providing essential facilities for sport and recreation in accordance with PPG2 and Policy DC1 of the Adopted Chorley Borough Local Plan Review; and in the case of the gymnasium/multi-use room, on the special grounds that it is required to support the effective operation of the club, that the club would increase participation in sport and reduce health inequality in accordance with national objectives, objective 3.1 of the Council’s Corporate Strategy 2010/11, PPG17, and policy LT14 of the Chorley Local Plan Review, where in this instance, the size and scale of the development, having regard to all other factors was considered not to detract from the character of the open space.

 

4.         The gymnasium/multi-use room hereby permitted shall be restricted to the hours between 08.00hours and 22.00hours. 

Reason: To safeguard the amenities of local residents and in accordance with Policy No. EP20 of the Adopted Chorley Borough Local Plan Review.

 

5.         All external facing materials shall match in colour, form and texture those on the existing changing room building.

Reason:  In the interests of the visual amenity of the area in general and the existing building in particular and in accordance with Policy No. GN5 of the Adopted Chorley Borough Local Plan Review.

 

6.         The approved plans are:

Plan Ref.                       Received On:          Title:

001-ELEVS                   7 February 2011     Chorley Panthers RLFC,

                                                                            Chisnall Lane, Coppull

001-PLANS                  7 February 2011     Chorley Panthers RLFC,

                                                                            Chisnall Lane, Coppull

Reason:  To define the permission and in  ...  view the full minutes text for item 33a

33b

10/01110/REMMAJ - Royal Ordnance Site Including Land Between Dawson Lane And Euxton Lane, Euxton, Lancashire pdf icon PDF 115 KB

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

Additional documents:

Decision:

Reserved matters planning permission granted subject to conditions.

Minutes:

Application No:          10/01110/REMMAJ

Proposal:                   Re-plan of plots 759-760, 788-789, 811, 818-823, 829, 845, 863-866 and 927-929 of Parcel I, Phase 2. Re-plan of plots 886-890, 894-900, 874-880 and 899 of Parcel I, Phase 1. Re-plan of plots 721-725 of Parcel H6. (43 dwellings in total). All approved as part of planning approvals 09/00449/REMMAJ, 09/00797/REMMAJ and 10/00350/REMMAJ

Location:                    Royal Ordnance Site including land between Dawson Lane and Euxton Lane, Euxton Lane, Euxton, Lancashire

Decision:

 

It was proposed by Councillor David Dickinson, seconded by Councillor Christopher France and subsequently unanimously RESOLVED – To grant conditional reserved matters planning approval subject to the following conditions:

 

1.       The approved plans are:

          Plan Ref.                        Received On:                Title:

                                        23 February 2011           Location Plan

     BV-002                            20 December 2010        Site Layout

               BVED-01 Rev E             27 January 2011             Various Detail

               BV-I/H6/ENG022-2         11 March 2011               Highway Surfacing Plan 2

               BV-I/H6/ENG022 Rev D 11 March 2011              Highway Surfacing Plan

               BV-I7H6-BS-01              11 March 2011               Typical Binstore Detail

               3649.01 Rev C               11 March 2011               Landscape Structure Plan

               3649.02 Rev C               11 March 2011               Landscape Structure Plan

               3649.03 Rev B               11 March 2011               Landscape Structure Plan

 

     Parcel I Phase 1

     BV-I1-11-02-002 Rev T      11 March 2011           Detailed Site Layout

     BV-IPH1-11-02-002 Rev I 11 March 2011           Material Schedule

     BV-IPH1-11-02-003 Rev D 20 December 2010   Boundary Treatment Plan

 

     Parcel I Phase 2

     Plan Ref.                             Received On:           Title

     BV-IPH2-11-02-002 Rev S                                    11 March 2011     Detailed Site Layout

     BV-IPH2-11-02-002 Rev J 11 March 2011           Material Schedule

     BV-IPH2-11-02-003 Rev C 20 December 2010   Boundary Treatment Plan

 

     Parcel H6

     Plan Ref.                             Received On:           Title

     BV-H6-11-02-001 Rev J     11 March 2011           Detailed Site Layout

     BV-H6-11-02-003 Rev A     20 December 2010   Boundary Treatment Plan

     BV-H6-11-02-002 Rev D    11 March 2011           Material Schedule

 

     House Types

     A2A064 Rev A                12January 2011              The Ashdon (A)

     C3H102                           20 December 2010        The Warwick

     C4H127                           23 February 2011           The Oxford +

     C3H081                           20 December 2010        The Broadway

     C3H095                           20 December 2010        The Letchworth

     C4H109                           20 December 2010        The Stratford

     C4H126                           20 December 2010        The Oxford

     C4H127                           23 February 2011           The Oxford + Render

     C2H068                           20 December 2010        The Evesham

     C3H081                           20 December 2010        The Broadway

     C2H068                           20 December 2010        The Evesham Render

     C3H099                           20 December 2010        The Brecon 2

     C3H099                           20 December 2010        The Brecon 2 render

     C4H134-2                       20 December 2010        The York

     AS-BCK-PHI2                20 December 2010        Ashdon Special

     RB-BPIPH1-KEN           27 January 2011             Kenilworth Block

     RB-BPIPH1-BRO-ASH                                          27January 2011    Broadway- Ashdon Block

     RB-BPIPH1-EVE           27January 2011              Evesham Block

     RB-BPIPH1-KEN-EVE 27January 2011              Kenilworth-Evesham Block

     L4235BE.1                      11 March 2011               The Broadway-Evesham

                                                                                     Plots 721-725

     L4235BE.1                      11 March 2011               The Broadway-Evesham

                                                                                     Plots 721-725

Garage Accommodation

HV-DG01 Rev B            20 December 2010        Double Garage

HV-DG02 Rev B            20 December 2010        Double Garage

C-DG03 Rev B              20 December 2010        Double Garage

C-SG01 Rev C               20 December 2010        Single Garage

27 January 2011            Triple Single Garage

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

 

2.       The proposed development must be begun not later than two years from the date of this permission.

          Reason: Required to be imposed by  ...  view the full minutes text for item 33b

33c

10/01081/FUL - Land North West Of And Adjacent To Back House Barn, Hall Lane, Mawdesley ,Lancashire pdf icon PDF 167 KB

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

Additional documents:

Decision:

Planning granted subject to legal agreement and conditions.

Minutes:

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.)

 

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, Lancashire

Decision:

 

It was proposed by Councillor Roy Lees, seconded by Councillor Alan Cullens and subsequently unanimously RESOLVED – To grant planning permission subject to a Section 106 Agreement and the following conditions:

 

1.       Any delivery of materials and construction work shall only be carried out between 08.00 hours and 18.00 hours Monday to Friday and between 08.00 hours and 13.00 hours on Saturday and there shall be no deliveries or construction work shall be carried out on Sundays or Bank/Public Holidays.

          Reason: To safeguard the amenities of local residents and in accordance with Policy HS4 of the Chorley Local Plan Review.

 

2.       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.

 

3.       There shall be no site clearance, site preparation or development work to take place until a habitat enhancement and management plan for the land as indicated on the location plan submitted with the application (within the ownership of the applicant). This shall be submitted to and agreed in writing by the local planning authority in consultation with specialist advisors. Once agreed then this shall be implemented in full and maintained throughout the lifetime of the development.  Reason: In the interests of the safeguarding of the natural habitats of the area and to ensure accessibility within the area in accordance with saved Policy EP2 of the Adopted Chorley Borough Local Plan Review.

 

4.       The development hereby permitted shall be carried out in accordance with the amended plan(s), 08/133/P01 Rev D (Proposed Site Layout), 08/133/P02 Rev B (Building 1-Proposed Plan, Section & Elevations), 08/133/P04 Rev B (Building 1-Proposed Elevations) and 08/133/P03 Rev D (Building 3-Proposed Plans & Elevations) received on 1 February 2011.

          Reason:  To define the permission and ensure a satisfactory form of development.

 

5.       The permission hereby granted is for the conversion of the existing buildings only and does not imply or grant consent for any demolition and rebuilding of any external walls of the building, as outlined in appendix to structural report for building 1, appendix to structural report for building 3, method statement for conversion of building to dwelling-building 1 and method statement for conversion of building to dwelling-building 3, received on 22 March 2011.

          Reason: This will ensure that only the existing buildings are used and remain in the position that they are located, therefore retaining the openness of the Greenbelt.

 

6.       Each dwelling hereby permitted shall be constructed to achieve the relevant Code  ...  view the full minutes text for item 33c

33d

10/01065/FUL - Land 30M North West Of 79 Railway Road, Brinscall, Lancashire pdf icon PDF 130 KB

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

Additional documents:

Decision:

Planning permission granted subject to conditions.

Minutes:

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

 

Application No:          10/01065/FUL

Proposal:                   Erection of four, three bedroom dwellings

Location:                    Land 30m North West of 79 Railway Road, Brinscall, Lancashire

 

It was proposed by Councillor Roy Lees, seconded by Councillor David Dickinson and subsequently RESOLVED (9:1) – To grant planning permissions subject to the following conditions:

 

1.       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.

 

2.       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 unadopted highways and in accordance with Policy TR4 of the Adopted Chorley Borough Local Plan Review.

 

3.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (Schedule 2, Part 2, Class A) (or any Order revoking and re-enacting that Order) no fences, gates or walls shall be erected within the curtilage of any dwelling hereby permitted (other than those expressly authorised by this permission).

          Reason: To protect the appearance of the locality and in accordance with Policy No HS4 of the Adopted Chorley Borough Local Plan Review.

 

4.       The development hereby permitted shall not commence until full details of the colour, form and texture of all hard ground- surfacing materials (notwithstanding any such detail shown on previously submitted plans and specification) have been 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:  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 not commence until samples of all external facing materials to the proposed buildings (notwithstanding any details shown on previously submitted plans 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.

 

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  ...  view the full minutes text for item 33d

33e

10/00735/OUTMAJ - Land 110m West Of Coppull Enterprise Centre, Mill Lane, Coppull, Lancashire pdf icon PDF 71 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 objecting to the proposals and the applicant’s agent in support of the application.)

 

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, Coppull

Decision:

 

It was proposed by Councillor Roy Lees, seconded by Councillor Alan Cullens    and subsequently unanimously RESOLVED -  To grant planning approval subject to a Section 106 Agreement and the following conditions:

 

1.       Before the development hereby permitted is first commenced, full details of all reserved matters (namely the siting, design, landscaping of the site and the external appearance of the dwellings) 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.

 

2.       The approved plans are:

          Plan Ref. Received On: Title:

          6941/L(00)12 24 November 2010 Location Plan

          6941/L(00)014 14 December 2010 Proposed Site Plan

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

 

3.       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 1January 2013 and Level 6 for all dwellings commenced from 1 January 2016) and achieve 2 credits within Issue Ene7: Low or Zero Carbon Technologies.

Reasons: To ensure that the dwellings meet the relevant Code for Sustainable Homes and in accordance with Policy SR1 of the Sustainable Resources DPD.

 

4.       The application for approval of reserved matters shall be accompanied by full details of existing and proposed ground levels and proposed building slab levels (all relative to ground levels adjoining the site), notwithstanding any such detail shown on the approved plans. 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.       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 the approved plans) 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 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  ...  view the full minutes text for item 33e

34.

Enforcement Item - 286 The Green Eccleston pdf icon PDF 511 KB

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

Additional documents:

Minutes:

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 serve an enforcement notice to secure the removal of the unauthorised development for the land. 

 

Without planning permissions a portable building had been placed on the land constituting operational development that required planning permission.

 

It was proposed by Councillor David Dickinson, seconded by Councillor Henry Caunce and subsequently unanimously RESOLVED – That it was felt expedient to issue an Enforcement Notice under Section 172 and of the Town & Country Planning Act 1990 as the external appearance of the portable building was contrary to Policy GN5 criterion (b) Chorley Borough Local Plan Review Adopted Edition in that the design of the proposed development was not well related to the surrounding area.

35.

Planning Appeals Notification Report pdf icon PDF 507 KB

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

Minutes:

36.

Delegated decisions determined by the Director of Partnerships, Planning and Policy in consultation with the Chair and Vice Chair of the Committee pdf icon PDF 61 KB

Additional documents:

Minutes:

37.

Planning applications determined by the Director of Partnerships, Planning and Policy pdf icon PDF 69 KB

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

Minutes:

38.

Exclusion of the Public and Press

To consider the exclusion of the press and public for the following items of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraph 7 of Part 1 of Schedule 12A to the Local Government Act 1972.

Minutes:

39.

Enforcement Item - Yewtree House Farm, Coppull Hall Lane, Coppull

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

Minutes:

RESOLVED – that the report be noted.