Agenda, decisions and minutes

An apology for absence was submitted on behalf of Councillor Chris France.  Councillor Matthew Crow attended the meeting as Councillor Chris France’s substitute.

To confirm the minutes of the Development Control Committee held on 29 October 2013 as a correct record and be signed by the Chair (enclosed).

RESOLVED – That the minutes of the Development Control Committee held on 29 October 2013 be confirmed as a correct record and signed by the Chair.

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary 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 submitted for any items listed on the agenda.

The Head of Planning gave an update on the claim for Judicial Review concerning the challenge by Fox Land & Property to the decision of the Council to adopt the CIL charging schedule.  The application for a judicial review hearing has been granted, on the basis that three of the four grounds are considered arguable.  This does not mean that the judge agrees with the grounds, only that they are arguable in legal terms. A date for the hearing has not yet been set, and the Council still intends to vigorously defend the claim.  In conference with Counsel, we have been advised to pursue clauses in legal agreements to secure the Council’s position in the event that the claim is ultimately successful, and officers are seeking delegated authority from the committee to do so.

RESOLVED (unanimously): That the Head of Legal Services, in consultation with the Director of Partnerships, Planning & Policy or the Head of Planning be given delegated authority to negotiate clauses in legal agreements relating to planning matters to protect the Council’s position in the light of the claim for Judicial Review of the Council’s adoption of the CIL charging schedule by Fox Land & Property Limited; such clauses if appropriate to cater for alternative scenarios depending on the outcome of the Judicial Review.

The Director of Partnerships, Planning and Policy has submitted twelve reports for planning applications to be determined (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 applications on our website.  http://planning.chorley.gov.uk/online-applications/

The Director of Partnerships, Planning and Policy submitted twelve applications for planning permission consideration.

In considering the applications, Members of the Development Control Committee took into account the agenda reports, the addendum and the verbal representations and submissions provided by officers and individuals.

(At this point the Chair announced that the following two planning applications which related to Morgan Bros (Chorley) Ltd, would be heard together but that the decisions be made separately.)

Planning permission approved subject to conditions

RESOLVED (unanimously): That planning permission be approved subject to the conditions detailed within the report in the agenda, and the amended condition detailed in the addendum.

Planning permission approved subject to conditions

RESOLVED (unanimously): That planning permission be approved subject to the conditions detailed within the report in the agenda, and the amended condition detailed in the addendum.

The decision was deferred to allow Members of the Development Control Committee the opportunity to visit the site of the proposal.

RESOLVED (13:1:0): That the decision be deferred to allow Members of the Committee time to visit the site of the proposed development.

Planning permission approved subject to a Section 106 legal agreement and conditions

RESOLVED (unanimously) – That planning permission be approved subject to a section 106 legal agreement, and the conditions detailed in the addendum.

Planning permission approved subject to a unilateral undertaking and conditions

RESOLVED (unanimously) – That planning permission be approved subject to a unilateral undertaking, and the conditions detailed within the report in the agenda.

Planning permission approved subject to a supplemental Section 106 legal agreement and conditions

RESOLVED (unanimously) – That planning permission be approved subject to a section 106 legal agreement, the conditions detailed within the report in the agenda, and the additional and amended conditions detailed in the addendum.

The decision was deferred to allow Members of the Development Control Committee the opportunity to visit the site of the proposal.

RESOLVED (11:2:1): That the decision be deferred to allow Members of the Committee time to visit the site of the proposed development

Planning permission approved subject to a Section 106 legal agreement and conditions

RESOLVED (unanimously) – That planning permission be approved subject to the conditions detailed within the report in the agenda, and the amended condition detailed in the addendum with delegated authority to officers to draft any further necessary conditions in the light of the noise survey work; such conditions to be agreed with the Chair and Vice Chair of this Committee.

Planning permission approved subject to a Section 106 legal agreement and conditions

RESOLVED (unanimously) – That planning permission be approved subject to a section 106 legal agreement, and the conditions detailed within the report in the agenda.

Planning permission approved subject to conditions

RESOLVED (unanimously) – That planning permission be approved subject to the conditions detailed within the report in the agenda, and the amended condition detailed in the addendum.

Planning permission approved subject to a Section 106 legal agreement and conditions

RESOLVED (unanimously) – That planning permission be approved subject to a section 106 legal agreement, and the conditions detailed within the report in the agenda.

Planning permission approved subject to conditions

RESOLVED (unanimously) – That planning permission be approved subject to the conditions detailed within the report in the agenda.

Report of the Chief Executive (enclosed).

The Chief Executive submitted a report which sought Members instruction on whether to formally confirm Tree Preservation Order No. 8 (Cuerden) which affords permanent as opposed to provisional legal protection to the tree covered by the order.

There had been no objections received in response to the making of the Order.

RESOLVED (unanimously) – That the Tree Preservation Order No.8 (Cuerden) 2013 be formally confirmed without modification.

Report of the Chief Executive (enclosed).

The Chief Executive submitted a report to consider an application by Adactus Housing Association Ltd for the diversion of part of Public Footpath No. 34 Chorley in order to facilitate the development in accordance with the application for planning permission against reference 13/00798/FULMAJ.

Members noted the content of the report.

RESOLVED (unanimously) – That the proposed footpath diversion be approved.

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

RESOLVED – That the report be noted.