Agenda, decisions and minutes

RESOLVED – That the minutes of the meeting of the Development Control Committee on 26 May 2015 be approved as a correct record for signature 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 received.

Report of the Director of Public Protection, Streetscene and Community (enclosed).

The Director of Public Protection, Streetscene and Community submitted a report which sough authority to amend resolutions for approval made by Development Control Committee which imposed a section 106 agreement contrary to the Ministerial Statement of November 2014, in the event a Judicial Review challenge to this statement failed.

It was reported that there were at least 10 planning applications which had been approved in the previous 6 months which were subject to a section 106 agreement to secure Public Open Space payments.  The Government had clarified its position in respect of removing the ability to secure tariff style contributions to state that the Ministerial Statement is National Policy.

A legal challenge had been made to the original Ministerial Statement and decision to remove the ability to impose tariff style contributions and the outcome was due to be handed down shortly.  Should the outcome of the legal challenge be that the Government’s decision to prevent tariff style contributions was legally compliant then in order to be efficient and effective in the handling of applications and issuing decisions at the earliest possible date, authority was sought to allow those applications, already determined and approved, to be issued without a section 106 agreement.

RESOLVED (unanimously) –

1.      That delegated authority be given to the Director of Public Protection, Streetscene and Community, to be exercised in consultation with the Chair of Development Control Committee to allow the removal of the requirement for a section 106 agreement where such an obligation had been imposed by a resolution made at Development Control Committee contrary to the Ministerial Statement relating to tariff based contributions for Public Open Space and / or affordable housing.

2.      Such delegated authority would be exercised in accordance with a decision made on a Judicial Review application challenging the validity of the Ministerial Statement.

The Director of Public Protection, Streetscene and Community has submitted 7 reports for planning applications to be determined (enclosed).

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:

 https://planning.chorley.gov.uk/online-applications/search.do?action=simple&searchType=Application

The Director of Public Protection, Streetscene and Community submitted 7 reports for planning permission consideration.

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

Planning permission refused.

RESOLVED (unanimously) – That planning permission be refused on the grounds that the proposed development would by virtue of its siting and prominent positioning result in an incongruous feature in the street scene that would be detrimental to the character and appearance of the area. The proposal is therefore contrary to The National Planning Policy Framework, BNE1 of the emerging Chorley Local Plan 2012 – 2026 and the Council’s adopted Householder Design Guidance Supplementary Planning Document.

Planning permission approved subject to conditions and a s106 agreement if the results of a judicial review goes against the government.

Registered speaker: Mr Earley (applicant).

RESOLVED (unanimously) – That planning permission be approved subject to the conditions detailed within the report in the agenda and a section 106 agreement to secure payments for allotments and playing pitch typologies, should the results of a judicial review go against the government.

Planning permission approved subject to conditions and a s106 agreement if the results of the judicial review goes against the government.

Registered speakers: Alison Peters (objector) and David Forshaw (applicant).

RESOVLED (unanimously) – That planning permission be approved subject to conditions detailed in the addendum and a subject 106 agreement to secure payments for allotments and playing pitch  typologies should the results of the judicial review goes against the government.

At the request of the speaker, speaking in objection to the planning application 15/00359/FUL - Rambler Cottage, 86 Preston Road, Whittle-le-Woods, Chorley, PR6 7HE which was listed as 3d on the agenda the Chair of the Development Control Committee agreed for the item to be moved for consideration to the last item on the agenda to allow the speaker the opportunity to attend the meeting.

Planning permission approved subject to conditions.

Registered speaker: Mr Charnock (objector)

RESOLVED (9:4:1) – That planning permission be approved subject to conditions detailed within the report in the agenda and the amended and additional conditions detailed in the addendum.

RESOLVED (unanimously) – That planning permission be approved subject to conditions and a section 106 agreement to secure payment towards allotments, playing pitch, and amenity green space typologies should the outcome of the judicial review go against the government.

Planning permission approved subject to conditions.

(At this point Councillor Mick Muncaster left the room briefly before returning back to the meeting.)

RESOLVED (13:0:1) – The planning permission be approved subject to conditions detailed within the report in the agenda.

Report of the Director of Public Protection, Streetscene and Community (to follow).

There will be an update for the next meeting of Development Control Committee on 14 July 2015.

Planning permission approved subject to conditions and a s106 agreement if the outcome of the judicial review goes against the government.

Registered speaker: Nina Thistlethwaite (supporter).

The objector registered to speak on this application was not present at the time the planning application was considered.  However, a copy of his speech was included within the addendum. 

RESOLVED (unanimously) – That planning permission be approved subject to conditions detailed within the report in the agenda and a section 106 agreement to secure payments towards allotments and playing pitch typologies should the outcome of the judicial review go against the government.