Agenda, decisions and minutes

To confirm the minutes of the Development Control Committee held on 28 October 2014 be confirmed as a correct record and signed by the Chair (enclosed).

RESOLVED – That the minutes of the Development Control Committee held on 28 October 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.

Councillor Christopher France declared an interest in item 14.DC.88a 14/00741/FUL – The Cottage Tea Rooms, 25A School Lane, Brinscall and left the meeting for consideration of that item.

The Director of Public Protection, Streetscene and Community has submitted five 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 five 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.

Planning application refused.

 Councillor Christopher France left the meeting for the debate and decision of this planning application.

Speakers: Objector – Barry Hammond, supporter – Vivian Ryan and Ward Councillor Margaret France.

RESOLVED (11:0:2) – That planning permission be refused for the following reasons:

1.     The proposed extension would have a harmful impact upon the amenities of neighbouring residents, by reason of its size and siting. It would cause an overbearing impact and increased overshadowing and is, therefore, contrary to the Council’s Householder Design Guidance and policies BNE1 -Design Criteria for New Development and HS5 – House Extensions of the emerging Chorley Local Plan (2012-2016).

2. The proposed increase in opening hours would lead to an unacceptable increase in noise and disturbance for local residents contrary to policy BNE1 -Design Criteria for New Development and HS5 – House Extensions of the emerging Chorley Local Plan (2012-2016). 

3.   The proposal would lead to an increase in on street parking in the vicinity, which is already limited. The proposal would therefore be detrimental to highway safety and cause harm to the amenities of neighbouring residents. The proposal is therefore contrary to policies BNE1 – Design Criteria for New Development and ST4 – Parking Standards of the emerging Chorley Local Plan (2012-2016).

Full planning permission approved subject to a Section 106 legal agreement.

 Speakers: Objector – Helen Brown and the applicant’s agent – Ian Turnbull.

Councillor Walmsley proposed a motion to approve planning permission subject to an additional condition the wording for which to be delegated to officers in consultation with the Chair and Vice Chair of the Development Control Committee, to address the impact on residents during the construction of the development.  The motion was seconded by Councillor Danny Gee.

A second motion was proposed by Councillor June Molyneaux to refuse planning permission.  This motion was seconded by Councillor Henry Caunce.

RESOLVED (9:2:3) - Full planning permission be approved subject to a Section 106 legal agreement, the conditions detailed within the report in the agenda, the condition detailed in the addendum and that delegated authority be granted to officers in consultation with the Chair and Vice Chair of the Development Control Committee for an additional condition to address the impact on residents during the construction of the development. 

This item was withdrawn from the agenda.

This item was withdrawn from the agenda.

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.  

To consider a report of the Chief Executive (enclosed).

Members of the Development Control Committee considered a report of the Chief Executive which sought formal confirmation of Tree Preservation Order No. 5 (Charnock Richard) 2014 without modification.

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

RESOLVED (unanimously) – That formal confirmation of Tree Preservation Order No. 5 (Charnock Richard) 2014 without modification be approved.

To consider a report of the Chief Executive (enclosed).

Members of the Development Control Committee considered a report of the Chief Executive which sought formal confirmation of Tree Preservation Order No. 8 (Heath Charnock) 2014 without modification.

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

RESOLVED (unanimously) – That formal confirmation of Tree Preservation Order No. 8 (Heath Charnock) 2014 without modification be approved.

To consider a report of the Director of Public Protection, Streetscene and Community (enclosed).

The Director of Public Protection, Streetscene and Community submitted a report which informed Members of the Development Control Committee of one planning appeal lodged, one appeal dismissed, one appeal allowed and a high hedges appeal decision all of which had been logged with the Planning Inspectorate.

RESOLVED – That the report be noted.  

Members of the Development Control Committee were advised that since the Asda store opened for business on 18 October 2014, officers had undertaken compliance checking at the site, which had identified a number of matters where Asda appeared to have failed to comply with the permission: 

-       implementation of the car park management scheme

-       lighting issues

-       levels on land between the store and Shaw Hill Street

-       unauthorised fencing

-       landscaping scheme not fully implemented

In addition an enforcement related complaint on behalf of Booths had been received in relation to car parking management.

The potential for enforcement action was being considered by officers, with the advice of Counsel.  There were a number of potential routes that could be taken in terms of achieving compliance.  Officers will progress the matter and seek any necessary authority for appropriate action in due course.   The Chief Executive is formally contacting Asda about compliance with the car park management scheme.