Agenda, decisions and minutes

To confirm the minutes of the Development Control Committee held on 5 August 2014 as a correct record and be signed by the Chair.

RESOLVED – That the minutes of the Development Control Committee held on 5 August 2014 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.

In accordance with the Council’s Members Code of Conduct, Councillor Henry Caunce declared a pecuniary interest in respect of planning application item 3f - 14/00426/FUL, Roselands, Tincklers Lane, Eccleston, Chorley.

The Director of Public Protection, Streetscene and Community has submitted eight 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 Public Protection, Streetscene and Community submitted eight applications for planning permission consideration.

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

Members were minded to approve planning permission subject to the derogation tests of the Habitats Directive being satisfied and following referral to the Secretary of State.

Speaker: Applicant – Matthew Jackson

(At this point Councillor Chris France joined the meeting.)

RESOLVED (unanimously) – The Members of the Development Control Committee were minded to approve planning permission subject to –

1.         the derogation tests of the Habitats Directive being satisfied;

2.         the conditions detailed within the report in the agenda;

3.         the additional and amended conditions detailed in the addendum;

4.         officers be delegated the wording for additional and/or amended conditions relating to ecology, following discussion with the Ecologist and  in consultation with the Chair and Vice Chair of the Development Control Committee and;

5.         following referral to the Secretary of State.

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.

(At this point Councillor Alan Whittaker left the room for the remainder of the meeting taking no further part in discussions of any agenda items or subsequent votes).

The reserved matters application approved subject to conditions

RESOLVED (unanimously) – That the reserved matters application be approved subject to conditions detailed within the report in the agenda, and the additional and amended conditions detailed in the addendum.

Reserved matters consent was refused.

RESOLVED (unanimously) – That the Reserved Matters consent was refused for the following reasons:

1.         The proposed layout, design and density of the dwellings proposed do not respect of character or appearance of the surrounding area or secure high quality design and fails to take the opportunity for improving the character and quality of the Southern Commercial Area and the way it functions. It is considered important from a design perspective that this site provides a transition between the high density commercial centre and the dwellinghouses surrounding the Listed Building, Buckshaw Hall, which the proposals do not secure. As such the proposals are contrary to Government advice contained within the National Planning Policy Framework, Policies 5 and 17 of the Adopted Central Lancashire Core Strategy, Policy BNE1 of the Emerging Chorley Local Plan 2012-2026, guidance contained within the Central Lancashire ‘Design Guide’ Supplementary Planning Document and the Buckshaw Village Southern Commercial Design Code.

2.         The proposed dwelling on plot 1075 will create overlooking to the rear garden of the adjacent dwelling to the detriment of the future residents amenities. The proposals are therefore contrary to Policy HS4 of the Adopted Chorley Borough Local Plan Review 2003 and Policy BNE1 of the emerging Local Plan 2012-2026.

3.         The property on plot 1090 incorporates insufficient off road parking provision for the size of dwelling proposed which will be detrimental to the surrounding road network through the creation of on road parking. The proposals are therefore contrary to Policy TR4 of the Adopted Chorley Borough Local Plan review 2003 and Policy ST4 of the emerging Local Plan 2012-2026.

The reserved matters application was approved subject to conditions.

RESOLVED (unanimously) – That the reserved matters application be approved subject to the conditions detailed within the report in the agenda.

(At this point Councillor Caunce declared a pecuniary interest and left the room for the duration of this item taking no part in the discussion or subsequent vote.)

Full planning permission approved subject to conditions.

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

Full planning permission approved subject to conditions.

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

Full planning permission approved subject to conditions.

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

Report of the Director of  Public Protection Streetscene and Community.

The Director of Public Protection, Streetscene and Community submitted an enforcement report regarding land opposite 71 Church Lane, Charnock Richard, which sought Members’ instruction as to whether it was felt expedient to serve an enforcement notice to remedy a breach of planning control in respect of an unauthorised change of use of land from pasture land to use for the repair, maintenance and sale of motor vehicles and domestic purposes, including the storage of a caravan and siting of containers.

RESOLVED (unanimously) – That it was expedient to use an Enforcement Notice to resolve the breach of planning control in respect of unauthorised change of use of land from pasture land to use for the repair, maintenance and sale of motor vehicles and domestic purposes, including the storage of a caravan and siting of containers.

Report of the Chief Executive (enclosed).

Members of the Development Control Committee considered a report from the Chief Executive which recommended formal confirmation of the Tree Preservation Order Number 4 (Eccleston) 2014 without modification.

No objections had been received in response to the making of the order.

RESOLVED (unanimously) – That formal confirmation of the Tree Preservation Order Number 4 (Ecclecton) 2014 be approved without modification.

The Director of Public Protection, Streetscene and Community submitted a report which informed Members of the Development Control Committee of four appeals lodged with the Planning Inspectorate.

RESOLVED – That the report be noted.

Prior approval not required.

The Chair accepted the following report as a late urgent item for the Development Control Committee to consider for the reason that the notification of demolition application, which was received on 21 August 2014, had been made by the Council (Property Services) and was related to Council land.  The application required determination within 28 days of receipt of the application.  Therefore leaving the application until the next meeting of the Development Control Committee on the 30 September 2014 would result in the decision being made after the expiry of 28 days.

RESOLVED (unanimously) – That prior approval not required.