Agenda, decisions and minutes

There were no apologies for absence.

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

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

There were no declarations of interest.

To confirm the minutes of the Development Control Committee meeting held on 12 October 2010 (enclosed).

RESOLVED – That the minutes of the Development Control Committee meeting held on 12 October 2010 be confirmed as a correct record and signed by the Chair subject to the following amendment:

Minute 10.DC.201 (b)

It was proposed by Councillor Roy Lees, seconded by Councillor Simon Moulton to refuse full planning permission for the reasons given at the meeting.  The Chair asked Councillor Lees for planning reasons to support his objection to the application.  As no  substantive reasons for refusal were proposed the motion was not accepted. 

A list of planning applications to be determined is enclosed.

Plans to be considered will be displayed at the meeting or may be viewed in advance following the links to current planning applications on our website.

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

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

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

Application withdrawn.

Application No:          10/00436/FUL

Proposal:                    Erection of 9 dwellings and associated infrastructure

Location:                     96 Lancaster Lane Clayton-le-Woods, Leyland PR25 5SP

Decision:

The application was withdrawn by the applicant prior to the Committee meeting.

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

Minded to refuse full planning permission.

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

(The Committee received representation from Ward Councillor Greg Morgan and  Ward Councillor John Walker)

Application No:        10/00432/FUL                                                                                                          

Proposal:                  Erection of 6 dwellings

Location:                  The Royle and The Coppice, Shaw Hill Whittle-le-Woods Chorley PR6 7PP

Decision:

Members of the Committee were reminded that the applicant had appealed to the Planning Inspectorate against non-determination of the application as the Council had not made a decision on the application within the 8 week statutory period.

It was proposed by Councillor Ralph Snape, seconded by Councillor Simon Moulton    and subsequently unanimously RESOLVED – Members of the Committee were minded to refuse full planning permission for the following reasons:

1.   Part of the proposed development (the 4 dwellings backing onto Shaw Hill Drive) is on land which is presently garden land not allocated for housing in the Chorley Borough Local Plan Review. In response to recent changes to Planning Policy Statement 3 (PPS3), the Council has prepared an Interim Policy on Private Residential Garden Development which seeks to resist residential development taking place on private garden land unless certain criteria area met or there are exceptional circumstances. In this case, the proposed dwelling does not meet one of the three criteria listed in the Policy nor are there considered to be exceptional circumstances that weight in favour of approving the development.

2.   The Shaw Hill area is made up of large individually designed detached properties on generously proportioned plots. The individual nature of the properties and the size of the plots mean that the character of the area has its own local distinctiveness which is dominated by landscaping. The provision of large detached dwellings that have not been designed in response to the local character results in a development that would erode this local distinctiveness whilst the density of the development, being higher than that of Shaw Hill, results in dwellings on smaller plots. The smaller plot sizes result in less space between the dwellings and less space for landscaping. The development would therefore be harmful to the local character and distinctiveness of Shaw Hill contrary to Policy GN5 and criteria (b) of Policy HS4 of the Chorley Borough Local Plan Review and Planning Policy Statement 1 (PPS1) and Planning Policy Statement 3 (PPS3).

3.   Part of the development (the 4 dwellings backing onto Shaw Hill Drive) is on a site within the settlement boundary of Whittle-Le-Woods on an unallocated and un-developed ‘Greenfield’ garden land site. It has not been demonstrated that there are no other suitable allocated or previously developed sites available within the settlement and as such the proposal is contrary to criteria (f) of Policy HS6 of the Chorley Borough Local Plan Review and PPS3: Housing.

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

Application withdrawn.

Application No:           10/00517/FUL 

Proposal:                    Proposed development of 6 No. 2 1/2 storey dwellings and 1 No. 2 1/2 storey apartment block (comprising 2 No. 2 bedrooms and 1 No. 1 bedroom apartments) and provision for 15 car parking spaces.

Location:                     Rodger Bank, Gough Lane, Clayton Brook, Bamber Bridge, Preston

Decision:

The application was withdrawn by the applicant prior to the Committee meeting.

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

Refused full planning permission.

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

(The Committee received representation from Ward Councillor Judith Boothman on the proposals)

Application No:          10/00522/FUL  

Proposal:                    Erection of 3 dwellings

Location:                     89 Lancaster Lane Clayton-le-Woods Leyland PR25 5SP

Decision:

It was proposed by Councillor Mick Muncaster, seconded by Councillor Christopher France and subsequently unanimously RESOLVED – To refuse full Planning Permission for the following reason:

1.   The proposed dwelling is on land which is presently garden land not allocated for housing in the Chorley Borough Local Plan Review. In response to recent changes to Planning Policy Statement 3 (PPS3), the Council has prepared an Interim Policy on Private Residential Garden Development which seeks to resist residential development taking place on private garden land unless certain criteria area met or there are exceptional circumstances. In this case, the proposed dwelling does not meet one of the three criteria listed in the Policy nor are there considered to be exceptional circumstances that weight in favour of approving the development.

2.   The proposed development is within the settlement boundary of Clayton-Le-Woods on an unallocated and un-developed ‘Greenfield’ site. It has not been demonstrated that there are no suitable allocated or previously developed sites available within the settlement and as such the proposal is contrary to criteria (f) of Policy HS6 of the Chorley Borough Local Plan Review and PPS3: Housing.

3.   The first floor windows in the rear elevation of the proposed dwelling would be sited less than 10m from the boundary they face and as a result of this, the proposed dwelling would allow detrimental overlooking and therefore have a detrimental impact on the amenities which the occupiers and future occupiers of the adjacent property can reasonably expect to enjoy contrary to Policy HS4 (c) and Policy HS6 (c) and (d) of the Chorley Borough Local Plan Review.

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

Minded to refuse full planning permission.

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

Application No:          10/00703/FUL  

Proposal:                    Demolition of existing dwelling (No 7 Chorley Old Road) and various outbuildings and the erection of 8 No detached dwellings (some with detached garages)

Location:                     5-7 Chorley Old Road Whittle-le-Woods, Lancashire PR6 7LB

Decision:

Members of the Committee were reminded that the applicant had appealed to the Planning Inspectorate against non-determination of the application as the Council had not made a decision on the application within the 8 week statutory period.

It was proposed by Councillor Mick Muncaster, seconded by Councillor Roy Lees andsubsequently unanimously RESOLVED – That Members of the Committee were minded to refuse full planning permission for the following reasons:

1.   The proposed development is within the settlement boundary of whittle-le-Woods on an unallocated and un-developed ‘Greenfield’ site. It has not been demonstrated that there are no suitable allocated or previously developed sites available within the settlement and as such the proposal is contrary to criteria (f) of Policy HS6 of the Chorley Borough Local Plan Review and PPS3: Housing.

2.   The proposed junction with Chorley Old Road does not provide the necessary visibility splays required for a 30mph road as set out in Manual for Streets and it has not been suitably demonstrated to the Council why a reduction in the visibility splay requirements in Manual for Streets should be accepted for this site. Also, the internal layout of the site does not provide suitable design features to cater for pedestrians. The development proposed would therefore result in detrimental harm to highway and pedestrian safety contrary to Manual for Streets and Policy TR4 and HS4 (d) of the Chorley Borough Local Plan Review.

3.   The development would have a detrimental impact on the amenities of the occupiers of the adjacent property on Langdale Grove. In particular, due to the difference between the proposed slab level of the dwelling proposed on plot no. 5 and the level of the garden of 30 Langdale Grove and the proximity of this dwelling to the garden boundary of this property, the views attainable from the first floor windows of the properties on this plot would unacceptably overlook the garden of this property. The proposed development is therefore contrary to Policy Nos. HS4 (c) and HS6 (C) & (d).

4.   The intervening land between the application site and Chorley Old Road to the south slopes steeply, thus elevating the site from Chorley Old Road at its junction with Town Lane. The development, by virtue of its proximity to the southern boundary of the site, would appear substantially elevated above Chorley Old Road, particularly plots 3 and 4, during periods of the year when the mature trees on the intervening land no longer have leaf cover. The elevated nature of the development adjacent to the southern boundary, particularly in the autumn and winter months, means it would tower over Chorley Old Road and would appear incongruous in the streetscene thus resulting in detrimental  ...  view the full minutes text for item 208e

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

Refused full planning permission.

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

(The Committee received representation from Ward Councillor Judith Boothman on the proposals)

Application No:          10/00739/FUL  

Proposal:                    Erection of two storey detached dwelling

Location:                     26 Lancaster Lane Clayton-Le-Woods Leyland PR25 5SN

Decision:

It was proposed by Councillor David Dickinson, seconded by Councillor Mick Muncaster    and subsequently unanimously RESOLVED – To refuse full planning permission for the following reasons:

1.   The proposed dwelling is on land which is presently garden land not allocated for housing in the Chorley Borough Local Plan Review. In response to recent changes to Planning Policy Statement 3 (PPS3), the Council has prepared an Interim Policy on Private Residential Garden Development which seeks to resist residential development taking place on private garden land unless certain criteria area met or there are exceptional circumstances. In this case, the proposed dwelling does not meet one of the three criteria listed in the Policy nor are there considered to be exceptional circumstances that weight in favour of approving the development.

2.   The first floor windows in the front elevation of the proposed dwelling would be sited less than 10m from the boundary they face and as a result of this, the proposed dwelling would allow detrimental overlooking and therefore have a detrimental impact on the amenities which the occupiers and future occupiers of the adjacent property can reasonably expect to enjoy contrary to Policy HS4 (c) and Policy HS6 (c) and (d) of the Chorley Borough Local Plan Review.

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

Refused outline planning permission.

Application No:          10/00682/OUT                                                                                                       

Proposal:                    Erection of detached bungalow

Location:                     Fairview Runshaw Lane Euxton Chorley PR7 6EX

Decision:

It was proposed by Councillor Alistair Bradley, seconded by Councillor David Dickinson and subsequently unanimously RESOLVED – To refuse outline planning permission as the proposals did not accord with Policy DC4 of the Local Plan Review and did not represent a rural infill plot in the Green Belt for the following reason:

1.      The proposed bungalow would be located within the Green Belt as defined by the Chorley Borough Local Plan Review. For a new dwelling to be acceptable in the Green Belt, the site upon which it is proposed must constitute a ‘rural infill’ plot. In this case, the site on which the bungalow is proposed does not constitute a single plot within an existing substantial built up frontage hence the proposed bungalow is contrary to Policy No. DC4 of the Chorley Borough Local Plan Review and PPG2.

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

Permit full planning permission subject to Legal Agreement and conditions.

Application No:           10/00743/FUL 

Proposal:                    Erection of 3 no. detached dwellings on land to the side of the Dog Inn Public House including associated infrastructure and new access road (resubmission of previously withdrawn application 09/00986/FUL)

Location                      The Dog Inn Chorley Old Road Clayton-Le-Woods Chorley, Lancashire

Decision :                  

It was proposed by Councillor Simon Moulton, seconded by Councillor David Dickinson     and subsequently unanimously RESOLVED – To permit full planning permission subject to a Section 106 Legal Agreement and the following conditions:

1.      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 on 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: In the interests of safety and in accordance with PPS23.

2.      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.

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.      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  ...  view the full minutes text for item 208h