Agenda and minutes

The Chair on behalf of the Committee thanked Councillors Brownlee and Parr for their contributions to the Development Control Committee. Both Councillors had been valued Members of the Committee. The Chair had worked closely with both Councillors during their terms as Vice Chair and fully appreciated their support. The Chair wished them all the best following their retirement from the Council.

Councillor A Lowe has been nominated for election as Deputy Mayor for 2006/07 and was consequently stepping down from the role of Chair of the Development Committee after 5 years service. He thanked all the Officers and Members of the Committee for their help and advice over the years.

Apologies for absence were received by Councillors Mrs Iddon, Russell. J Snape, and Snow.

Members of the Committee are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda in accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and the Members Code of Conduct.  If the personal interest is a prejudicial interest, then the individual Member should not participate in a discussion on the matter and must withdraw from the Council Chamber and not seek to influence a decision on the matter.

In accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and Members Code of Conduct, the following Member declared an interest in relation to the Planning Applications listed below, which were included on the meetings agenda for determination.

Councillor Parr – Item 5a, A1 Planning Application 06/00118/REMMAJ and Item 5i. B7 Planning Application 06/00271/FUL

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 27 March 2006.

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 27 March 2006 to be confirmed as a correct record and signed by the Chair.

Report of the Director of Development and Regeneration (enclosed).

The Committee received a report of the Director of Development and Regeneration giving notification of the lodging of three appeals against the refusal of planning permission and one appeal that had been dismissed.

RESOLVED – That the report be noted.

The Director of Development and Regeneration submitted reports on a number of planning applications to be determined by the Committee.

RESOLVED – That the planning applications, as now submitted be determined in accordance with the Committee’s decisions as recorded below.

(Councillor Parr declared an interest in the following application and left the meeting during the discussion and voting on the proposal).

Application No :            06/00118/REMMAJ

Proposal :                    Erection of 45 dwellings with a mixture of 2 & 2.5 storey properties with associated garaging, roads and sewer works.

Location :                    Parcel H4 Off Euxton Lane Euxton Lane Euxton Lancashire

Decision:        

It was proposed, seconded and subsequently RESOLVED to approve the reserved matters application subject to the following conditions:

1. 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 AdoptedChorley Borough Local Plan Review.

2. 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 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 residentsand in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

3. The development hereby permitted shall not commence until full details of the colour, form and texture of all external facing materials to the proposed building(s) (notwithstanding any details shown on the 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 and HS4 of the Adopted Chorley Borough Local Plan Review.

4. 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.

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  ...  view the full minutes text for item 7a

Application No : 06/00162/FULMAJ

Proposal :                    Residential development providing 100% affordable housing, comprising of 10 dwellings.

Location :                    Land Opposite Stanley Wives Farm Withington Lane Heskin Lancashire

Decision:                    

It was moved by Councillor Whittaker, seconded by Councillor Culshaw to defer the application to allow further negotiations with the applicants.

An amendment to the motion was moved by Councillor Heaton, seconded by Councillor David Dickinson and subsequently RESOLVED to refuse full planning permission subject to the following reasons:

1. The applicant has failed to demonstrate that the criteria set out at policy DC5 of the Chorley Borough Local Plan Review 2003 relating to exception housing has been met.  As such the proposals amount to inappropriate development in the Green Belt contrary to Policy DC1 and DC5 of the Local Plan and the advice contained within PPG2: 'Green Belts'.  The applicant has therefore not demonstrated that there are any very special circumstances which outweigh the presumption against the development.

2. The applicant has failed to demonstrate that appropriate visibility can be provided at the junction of the proposed site access with Withington Lane.  As such the proposal is likely to result in vehicles accessing and egressing the site in a manner that significantly prejudices highway safety contrary to policy T4 of the Chorley Borough Local Plan Review 2003.

3. The applicant has failed to provide sufficient parking within the development which is likely to result in vehicles parking on the highway which by virtue of its alignment and the existing parking problems will significantly prejudice highway safety contrary to policy TR4 of the Chorley Borough Local Plan Review 2003 and Policy 7 of the Joint Lancashire Structure Plan (2005).

4. The design of the development and the proposed landscaping are not sufficient to properly assimilate the development into the surrounding landscape and as such is contrary to policy GN5, DC5, DC9 and EP10 of the Chorley Borough Local Plan Review 2003.

5. The applicant has failed to provide sufficient information on ecological issues in order that the Local Planning Authority could be sufficiently certain that the proposed developments would not harm ecological issues of material importance.  As such the proposed development is contrary to policy EP4 of the Chorley Borough Local Plan Review 2003 and Policy 21 of the Joint Lancashire Structure Plan (2005).

Application No : 06/00081/FUL

Proposal :                  Retrospective planning application for the retention of 2 No stable block adjacent to existing stables

Location :                  Clayton Hall Stable Spring Meadow Clayton-Le-Woods Lancashire

Decision:

It was proposed by Councillor S Smith, seconded by Councillor Brownlee and subsequently RESOLVED to approve the retrospective planning permission subject to the following condition.

1. If the use of the stable building hereby permitted ceases for a period exceeding 6 months within 10 years of the date of this permission, it shall be removed from the site and the land restored to its original condition prior to development.

Reason: To protect the character and appearance of the area, and avoid the proliferation of buildings in the Green Belt for which there is not a continuing need and in accordance with Policy Nos. DC1 and EP8 of the Adopted Chorley Borough Local Plan Review.

Application No : 06/00099/FUL

Proposal :                  Demolition of existing outdoor store/toilets and erection of Sunday school/meeting rooms/kitchen and toilet facilties.

Location :                  Church Of The Blessed Virgin Mary Towngate Eccleston Lancashire

Decision:                   

It was proposed by Councillor Whittaker, seconded by Councillor Ball to defer the decision to allow the Site Inspection Sub-Committee to visit the site of the proposed development.

An amendment to the motion was proposed by Councillor Culshaw, seconded by Councillor S Smith to permit full planning permission. Upon being put to the vote the amendment was lost (2:19). The original motion was then voted on and it was subsequently RESOLVED (17:0) to defer the decision for a site visit.

Application No : 06/00167/FUL

Proposal :                  Conversion of 3 redundant agricultural buildings to create 3 dwellings

Location :                  Drinkwater Farm Pike Lowe Brinscall Lancashire PR6 8SP

Decision:                   

It was propsosed by Councillor S Smith, seconded and subsequently RESOLVED to grant 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 91 of the Town and Country Planning Act 1990.

2. The permission hereby granted does not imply or grant consent for the demolition and rebuilding of any external walls of the building to be converted, except as may be delineated on the approved plans, within the Building Condition Survey received on 10^th February 2006 or specifically approved in writing by the Local Planning Authority before the works of conversion are first commenced.

Reason : To define the permission and to prevent inappropriate rebuilding or new build within an area subject to policies of development restrain and in accordance with the Conversion of Rural Buildings SPG.

3. Before the development hereby permitted is first commenced, full details of the position, height and appearance of all 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 walls shown in the approved details to bound its plot have been erected in conformity with the approved details.  Other 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 residentsand in accordance with Policy No. GN5 of the Adopted Chorley Borough Local Plan Review.

4. 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.

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  ...  view the full minutes text for item 7e

Application No : 06/00210/COU

Proposal :                    Change of use of existing shop (A1) to A3 (Restaurants, snack bars or cafes)

Location :                    Nevins Ltd 2 Lawrence Lane Eccleston Lancashire PR7 5SJ

Decision:

It was proposed by Councillor Whittaker, seconded by Councillor Heaton and subsequently RESOLVED to defer the decision to allow the Site Inspection Sub-Committee to visit the site of the proposed development.

Application No : 06/00218/COU

Proposal :                  Change of use from 10 bed residential dwelling to a special needs day school

Location :                  Roselyn Wigan Road Clayton-Le-Woods Leyland PR25 5SD

Decision:                   

It was proposed by Councillor Brownlee, seconded by Councillor Bedford to refuse planning permission on the grounds of loss of amenity to the local residents and the impact on the highways. Upon being put to the vote the motion was lost (7:13)

It was proposed by Councillor Parr, seconded by Councillor A Gee and subsequently RESOLVED (13:7) to grant full planning permission subject to the following conditions:

1. The premises shall be used as a special need day school only and for no other purpose (including any other purpose in Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order).

Reason: To protect the amenities of local residents and in accordance with Policy No. DC1 of the Adopted Chorley Borough Local Plan Review.

2. No development shall take place until a scheme of landscaping including the site boundaries has been submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail, which may be shown on the approved plans.  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 and indicate the types and numbers of trees and shrubs to be planted within the site and along its boundaries, their distribution on site, those areas to be seeded, paved or hard landscaped; details of the play area surfacing 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.

3. 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 No GN5 of the Adopted Chorley Borough Local Plan Review.

4. No development hereby permitted shall be undertaken until full details of how the car parking and vehicular manoeuvring areas will be surfaced has been submitted to and approved in writing by the Local Planning Authority.

Reason:  To ensure adequate on site provision of car parking and manoeuvring areas and in accordance with Policy No. TR8 of the Adopted Chorley Borough Local Plan Review as superseded by  ...  view the full minutes text for item 7g

Application No : 06/00252/FUL

Proposal :                  Extension of existing premises and the erection of a new building

Location :                  Rema Tip Top UK Ltd Mill Lane Coppull Chorley Lancashire

Decision:                   

It was proposed by Councillor Ball, seconded by Councillor Whittaker to defer the decision to allow the Site Inspection Sub-Committee to visit the site of the proposed development.

An amendment to the motion was proposed by Councillor Culshaw, seconded by Councillor Heaton to grant planning permission. The voting on the amendment was (9:9), the amendment was lost upon the Chairs casting vote against the amendment.

The original motion was then voted on and it was subsequently RESOLVED (11:0) that the decision be deferred for a site visit.

(Councillor Parr declared an interest in the following application and left the meeting during the discussion and voting on the proposal)

Application No : 06/00271/FUL

Proposal :                  Proposed Clubroom/Function Room extension, Referee's changing room and players toilet and the erection of a mesh ball stop fenceon the ground appros 80sq. metres

Location :                  Coppull United Football Playing Field Springfield Road Coppull Lancashire

Decision:                   

It was proposed by Councillor Ball, seconded by Councillor Heaton andsubsequently 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 91 of the Town and Country Planning Act 1990.

2. All external facing materials shall match in colour, form and texture those on the existing 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 Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

3. This consent relates to the following plans:

Received On:                      Title:

3^rd April 2006                        Proposed Elevations

1^st March 2006                     Section b-b

1^st March 2006                     Site Plan

1^st March 2006                     Proposed Ground Floor Plan

1^st March 2006                     Existing Ground Floor Plan

1^st March 2006                     Existing Elevations

1^st March 2006                     Ball Stop Sports Fencing

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

4. The use of the resulting building as hereby permitted shall be restricted to the hours 08:00 to 23.30 Monday to Saturday and 08:00 to 22:30 on Sundays.

Reason: To safeguard the amenities of local residents and in accordance with Policy EP20 of the Adopted Chorley Local Plan Review.

5. All windows in the building's north elevation 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  of the Adopted Chorley Borough Local Plan Review.

Application No : 06/00333/FUL

Proposal :                  Removal of condition No 8 of planning approval Ref 05/00015/FUL relating to obscure glazing in the front elevation first floor windows

Location :                  Towngate Works Dark Lane Mawdesley Ormskirk L40 2QU

Decision:                   

It was proposed by Councillor Whittaker, seconded by Councillor Culshaw, and subsequently RESOLVED to refuse full planning permission for the following reason

1. The proposal would result in the overlooking of adjoining residential properties to an unsatisfactory degree and this would be detrimental to residential amenity and conflict with policies GN5 and EM2 of the Adopted Chorley Borough Council Local Plan Review.

The Director of Development and Regeneration presented, for Members information, a schedule listing the remainder of the planning applications that had been determined by the Chief Officer under delegated powers between 13 March 2006 to 7 April 2006.

RESOLVED – That the schedule be noted.

The Committee received for information, reports by the Director of Development and Regeneration on the following Category ‘B’ development proposals which had, or were intended to be, determined by the Chief Officer under the adopted scheme of delegations, following consultation with the Chair and Vice Chairman of the Committee.

Application No:            06/00037/COU

Proposal:                   Change of use of existing dwelling to office.

Location:                    2 Mill Lane, Whittle-Le-Woods, Lancashire PR6 7LX

Decision:                    Full Planning Permission Granted

Application No:            06/00177/CTY

Proposal:                   Development of materials reclaimation facility to include the importation, storage, sorting and processing of construction and demolition waste materials and the subsequent screening and sale of recycled aggregate and soils.

Location:                    Crosse Mill Lane, Crosse Hall Street, Chorley, Lancashire

Decision:                    Object to LCC Reg ¾ application

Application No:            06/00274/ADV

Proposal:                   Advertisement consent for one non-illuminated fascia sign and one non-illuminated projecting sign.

Location:                    The Royal Bank of Scotland, 23, Town Road, Croston, Leyland PR26 9RA

Decision:                    Advertising Consent

Application No:06/00359/TEL

Proposal:                   Prior Notification of proposed 12m “street works” monopole with a tri-sector antenna and ground based equipment cabinet.

Location:                    Land 60m SW of The Minstrel Public House, Lower Burgh Way, Chorley

Decision:                    Prior App not reqd – Telecom

RESOLVED – That the reports be noted.

The Director of Development and Regeneration presented a verbal report to Members to clarify the procedure when Members are refusing or recommending approval contrary to Officer recommendations.

In each instance Members reasons have to be clear and a true planning consideration.

When Members are recommending approval and consequently need to set conditions which require officer input there are three options.

Option 1 – If Members are minded to approve. They can approach the Officer for help and advice as to what conditions could be proposed prior to the meeting so long as planning conduct is not breached.

Option 2 – The application could be approved subject to conditions to be imposed by the Director of Development and Regeneration. However this would not be in the interests of openness and would not be transparent.

Option 3 – The application be deferred to the next meeting so that appropriate conditions could be drawn up. This would not be in the interests of the applicant or the council delaying the application and having a detrimental effect on the Council’s performance and consequently Planning Delivery Grant.

Members were invited to discuss the matter and options 1 and 3 were considered viable particularly as the situation rarely occurred.

The Chair stated that in his opinion, option 1 was the only realistic answer to this situation and is not really far removed from what Members are expected to do anyway. If a Member is mindful of a different decision from that which is recommended, they should already be approaching the Officer for advice.

RESOLVED – That the report be noted.

Addendum circulated at the meeting