Agenda and minutes

Apologies for absence were received by Councillors K Ball and D Gee.

Members of the Committee are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda in accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and the Members Code of Conduct.  If the personal interest is a prejudicial interest, then the individual Member should not participate in a discussion on the matter and must withdraw from the Council Chamber and not seek to influence a decision on the matter.

In accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and the Members Code of Conduct, the following Members declared an interest in relation to the Planning Applications listed below, which were included on the meetings agenda for determination.

Councillor H Heaton – Item 6a, B1: Planning Application 05/00688/FUL

Councillor D Dickinson – Item 6d, B4: Planning Application 06/00205/FUL

The Chair on behalf of the Committee requested that a letter of thanks be sent to all former Members of the Development Control Committee, who had not been re-elected on 4 May 2006. A particular mention was made to the valuable contributions made to the Committee by Ex-Councillors A Whittaker and T Gray over the years. They had both been valued Members of this Committee and the Chair wished them well for the future.

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 25 April 2006 (enclosed).

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 25 April 2006 to be confirmed as a correct record and signed by the Chair.

Report of the Director of Development and Regeneration (enclosed).

The Committee received a report of the Director of Development and Regeneration giving notification of the lodging of one appeal that had been lodged against the refusal of planning permission, two appeals that had been dismissed and one appeal that had been allowed by Lancashire County Council.

RESOLVED – That the report be noted.

Report of the Head of Customer, Democratic and Office Support Services and the Director of Development Regeneration (enclosed).

The Head of Customer, Democratic and Office Support Services and the Director of Development and Regeneration submitted a joint report to Members to seek the Development Control Committee’s comments on the Community Overview and Scrutiny Panel’s proposals to recommend the introduction of procedures to allow members of the public to address the Development Control Committee.

The Community Overview and Scrutiny Committee was requested in February 2005 to conduct a scrutiny inquiry into public partcipation in the Council’s decision making process.

The principal objective of the inquiry was to identify the means whereby the Council could introduce Area Forums/Committees and public speaking at the various Council meetings to enable effective engagement with the local community in the Council’s political decision making process.

The Panel had formed two Sub-Groups to examine the two distinct elements of the enquiry (ie Area Forums/Committees Sub-Group and Public Speaking/Questions Sub-Group). The Public Speaking/Questions Sub-Group has attended and observed a number of neighbouring Lancashire Districts’ full Council Meetings as part of its evidence gathering process. In addition, Members of the Sub-Group had attended meetings of Ribble Valley, Hyndburn and West Lancashire Council’s Planning Committees.

The results of a questionnaire sent to all Lancashire District Councils, and the two Unitary Authorities of Blackburn with Darwen and Blackpool Borough Councils, has revealed that each of the Authorities allow some form of public participation in one or more of their Member meetings.

The Panel considered that, if the Council was to improve its engagement with the public and enhance service provision, it must allow an opportunity for members of the public to express their views and, in some instances, ask questions at specific meetings.

RESOLVED 1.         That the Development Control Committee supports the proposals of the Community Overview and Scrutiny Panel set out in paragraph 10 of the report for the introduction of public speaking at meetings of the Development Control Committee, subject to the preparation and implementation of appropriate Procedure Rules to regulate the public participation in the meetings.

2.         That the Development Control Committee support the proposals of the Panel for a review of the current accommodation in the Town Hall to be undertaken to allow the presentation of planning applications and public speaking at meetings of the Development Control Committee.

The Director of Development and Regeneration submitted reports on a number of planning applications to be determined by the Committee.

RESOLVED – That the planning applications, as now submitted be determined in accordance with the Committee’s decisions as recorded below.

(Councillor H Heaton declared an interest in the following application and left the meeting during the discussion and voting on the proposal).

Application No:            05/00688/FUL

Proposal:                   Erection of changing facilities, spectator stands and fence to enclose existing football pitch.

Location:                    Charnock Richard Football Club, Land To West Of Charter Lane, Charnock Richard.

Decision:

It was proposed by Councillor Edgerley, seconded by Councillor R Lees, to defer the decision to allow the Site Inspection Sub-Committee to visit the site of the proposed development. Upon being put to the vote the motion was lost (5:7)

It was further proposed by Councillor Snow, seconded by Councillor Culshaw and subsequently RESOLVED (8:2) to grant full planning permission subject to the following conditions:

1. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2. The approved plans are:

Plan Ref.             Received On:                 Title:

                                      1 July 2005                    Technical area and pitch perimeter fence

                                      1 July 2005                    Spectator shelter

                                      1 July 2005                    Spectator shelter plans and elevations

                                      1 July 2005                    Spectator shelter detail

                                      1 July 2005                    Existing football ground plan

                                      1 July 2005                    Location plan

              2 March 2006          Proposed football ground plan

              13 March 2006          Dressing room facilities detail (elevations)

              2 March 2006          Dressing room facilities detail (floor plan)

Reason:  To define the permission and in the interests of the proper development of the site.

3. Before the development hereby permitted is first commenced, full details of the position, height and appearance of the proposed boundary fence, gates and turnstiles (notwithstanding any such detail shown on previously submitted plan(s)) shall have been submitted to and approved in writing by the Local Planning Authority.  No building shall be occupied or land used pursuant to this permission before all walls and fences have been erected in accordance with the approved details.  Fences and walls shall thereafter be retained in accordance with the approved details at all times.

Reason:  To ensure a visually satisfactory form of development, to protect the amenities of occupiers of nearby property and in accordance with Policy Nos. GN5 and DC1 of the Adopted Chorley Borough Local Plan Review.

4. 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.

5. All planting, seeding or turfing comprised in the approved details of landscaping  ...  view the full minutes text for item 18a

Application No:            06/00163/COU

Proposal:                   Change of use and alterations to Farmhouse and Barn to form extension to existing Farmhouse.

Location:                    Holland Fold Farm, Long Lane, Heath Charnock, Chorley

It was proposed by Councillor E Bell, seconded by Councillor S Smith, and subsequently RESOLVED (11:1) to grant planning permission subject to the following conditions:

1. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out in accordance with the amended plan(s), received on

Reason:  To define the permission and ensure a satisfactory form of development.

3. The permission hereby granted does not imply or grant consent for the demolition and rebuilding of any external walls of the building to be converted, except as may be delineated on the approved plans or specifically approved in writing by the Local Planning Authority before the works of conversion are first commenced.

Reason : To define the permission and to prevent inappropriate rebuilding or new build within an area subject to policies of development restrain and in accordance with Policy Nos. DC7A, DC7B, HT2 and HT7  of the Adopted Chorley Borough Local Plan Review.

4. Before the development commences, full details of the treatment of all the proposed windows and doors shall have been submitted to and been approved in writing by the Local Planning Authority.  The submitted details shall include the proposed method of construction, the materials to be used, fixing details (including cross sections) and their external finish including any surrounds, cills or lintels.

Reason : In the interests of the character and appearance of the building and in accordance with Policy No. HT2 of the Adopted Chorley Borough Local Plan Review.

5. Before the development commences, full details of the proposed rainwater goods, including the eaves detail, to be used on the building shall have been submitted to and been approved in writing by the Local Planning Authority.

Reason : In the interests of the character and appearance of the building and in accordance with Policy No. HT2 of the Adopted Chorley Borough Local Plan Review.

6. No works shall take place until the applicant, or their agent or successors in title, have secured the implementation of a programme of building recording and analysis.  This must be carried out by a professionally qualified archaeological/building recording consultant or organisation in accordance with a written scheme of investigation which shall first have been submitted to and agreed in writing by the Local Planning Authority.  Upon completion of the programme of building recording and analysis it shall be submitted to the Local Planning Authority.

Reason : To ensure and safeguard the recording and inspection of matters of archaeological/historic importance associated with the building and in accordance with Policy No. HT6 of the Adopted Chorley Borough Local Plan Review.

7. Before work commences, full details shall be submitted to and approved in writing by  ...  view the full minutes text for item 18b

Application No:            06/00164/LBC

Proposal:                   Change of use of former barn together with alterations to facilitate extension to existing farmhouse.

Location:                    Holland Fold Farm, Long Lane, Heath Charnock, Chorley

Decision:

It was proposed by Councillor E Bell, seconded by Councillor S Smith and subsequently RESOLVED (11:1) to grant the listed building consent subject to the following conditions:

1. The Development shall only be carried out in accordance with the approved plans, except as may otherwise be specifically required by any other condition of this permission or unless otherwise first agreed to in writing by the Local Planning Authority.

Reason: To define the permission and in the interests of the proper development of the site.

2. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

3. The development hereby permitted shall be carried out in accordance with the amended plan(s), received on

Reason:  To define the permission and ensure a satisfactory form of development.

4. The permission hereby granted does not imply or grant consent for the demolition and rebuilding of any external walls of the building to be converted, except as may be delineated on the approved plans or specifically approved in writing by the Local Planning Authority before the works of conversion are first commenced.

Reason : To define the permission and to prevent inappropriate rebuilding or new build within an area subject to policies of development restrain and in accordance with Policy Nos. DC7A, DC7B, HT2 and HT7  of the Adopted Chorley Borough Local Plan Review.

5. Before the development commences, full details of the treatment of all the proposed windows and doors shall have been submitted to and been approved in writing by the Local Planning Authority.  The submitted details shall include the proposed method of construction, the materials to be used, fixing details (including cross sections) and their external finish including any surrounds, cills or lintels.

Reason : In the interests of the character and appearance of the building and in accordance with Policy No. HT2 of the Adopted Chorley Borough Local Plan Review.

6. Before the development commences, full details of the proposed rainwater goods, including the eaves detail, to be used on the building shall have been submitted to and been approved in writing by the Local Planning Authority.

Reason : In the interests of the character and appearance of the building and in accordance with Policy No. HT2 of the Adopted Chorley Borough Local Plan Review.

7. No works shall take place until the applicant, or their agent or successors in title, have secured the implementation of a programme of building recording and analysis.  This must be carried out by a professionally qualified archaeological/building recording consultant or organisation in accordance with a written scheme of investigation which shall first have been submitted to and agreed in writing by the Local Planning Authority.  Upon completion of the programme of building recording  ...  view the full minutes text for item 18c

(Councillor D Dickinson declared an interest in the following application and left the meeting during the discussion and voting on the proposal).

Application No:            06/00205/FUL

Proposal:                   Erection of Golf Club House and associated car-park together with machinery store to service 9 hole golf club.

Location:                    Moss Side Farm, Bury Lane, Withnell

Decision:                   

It was proposed by Councillor A Lowe, seconded by Councillor E Bell, and subsequently RESOLVED (12:0) to grant planning permission subject to a Section 106 Agreement and the following conditions:

1. 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 be shown on the approved plans.  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.

2. Before the development hereby permitted is first commenced full details of existing and proposed ground levels and proposed building slab levels (all relative to ground levels adjoining the site) shall have been submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail shown on the approved plan(s).  The development shall only be carried out in conformity with the approved details.

Reason:  To protect the appearance of the locality, in the interests of the amenities of local residents and in accordance with Policy Nos. GN5 and HS4 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 10 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. The development hereby permitted shall not commence until samples of all external facing materials to the proposed building(s) (notwithstanding any details shown on previously submitted plan(s) and specification) have been submitted to and approved in writing by the Local Planning Authority.  The development shall only be carried out using the approved external facing materials.

Reason:  To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 of the Adopted  ...  view the full minutes text for item 18d

Application No:            06/00332/FUL

Proposal:                   Proposed 40m X 20m Sand Paddock

Location:                    Coppice Smithy, Coppice Lane, Anglezarke

Decision:

It was proposed by Councillor S Smith, seconded by Councillor E Bell, and was subsequently RESOLVED (13:0) to grant planning permission subject to the following conditions:

1. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2.  No external lighting or floodlighting shall be erected or installed without express planning permission first being obtained from the Local Planning Authority.

Reason: In the interests of the visual amenity of the area and to ensure compliance with policy GN5 of the Local Plan.

3.  The permission hereby granted is for the use of the sand paddock for the keeping and the riding of horses and ponies for private use only. The sand paddock shall not be used for any business purpose in connection with the training or schooling of horse and pony riders or for the holding of any events, competitions, trials, horse/pony club meetings or gymkhanas.

Reason: To define the permission and in the interests of the amenities of the occupiers of surrounding properties and highway safety in accordance with Policy No. EP8 of the Adopted Chorley Borough Local Plan Review.

Application No:            06/00349/COU

Proposal:                   Retrospective planning application to vary the details and position of the disabled access ramp and alterations to the single storey rear extension, approved ref 04/00684 for change of use of property from a dwelling house to offices.

Location:                    17 Hatton Street, Adlington, Chorley

Decision:

It was proposed by Councillor R Snape, seconded by Councillor D Edgerley, and subsequently RESOLVED (11:2) to grant planning permission subject to the following conditions:

1. Within 2 months of the date of the permission hereby granted, the external walls of the single storey rear extension shall have been rendered and painted in accordance with details, which shall first have been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of the amenities of the locality and in accordance with Policy No. GN5 of the Adopted Chorley Borough Local Plan Review.

2. The use hereby permitted shall be restricted to the hours between 8:30am and 5:30pm on weekdays and Saturdays and there shall be no operation on Sundays or Bank Holidays.

Reason:  To safeguard the amenities of local residents and in accordance with Policy Nos. EM2 of the Adopted Chorley Borough Local Plan Review.

3. No materials or equipment shall be stored on the site other than inside the building.

Reason: In the interests of the amenity of the area and in accordance with Policy No. EM2 of the Adopted Chorley Borough Local Plan Review.

4. 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.

5. 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.

6. The fence that marks the boundary between the existing garden curtilage of 17 Hatton Street and the builders yard must be retained  ...  view the full minutes text for item 18f

To receive and consider the minutes of the meeting of the Site Inspection Sub-Committee held on the 22 May 2006 (enclosed).

The Committee received the minutes of the meeting of the Site Inspection Sub-Committee held on 22 May 2006.

The Sub-Committee had visited, at the request of the Development Control Committee, the site of the following applications.

a) Planning Application 06/00099/FUL

Planning Application 06/00099/FUL had sought permission to demolish an existing outdoor store/toilets and construct a Sunday school/meeting rooms/kitchen and toilet facilities at the Church Of The Blessed Virgin Mary, Towngate, Eccleston.

The Sub-Committee after taking all the factors into account had recommended the Development Control Committee to grant planning permission for the proposal.

It was proposed by Councillor A Lowe, seconded by Councillor T Bedford and was subsequently RESOLVED (11:2) to grant planning permission subject to the following conditions:

1. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall not commence until full details of the colour, form and texture of all external materials to the proposed building, including mortar mix and the type, coursing and jointing of the natural stone to be used in the construction of the external faces of the building (notwithstanding any detail shown on previously submitted plan(s) and specification) have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in conformity with the approved details.

Reason: To ensure a satisfactory form of development in the interest of the visual amenity of the area and in accordance with Policy Nos. GN5 and HT3 of the Adopted Chorley Borough Local Plan Review.

3. No development shall take place until the applicant, or their agent or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.

Reason: The site is of archaeological importance because of its location in the churchyard of a medieval church and in accordance with Policy No. HT12 of the Adopted Chorley Borough Local Plan Review.

4. Notwithstanding any details shown on previously submitted plan(s) and specification, no fascias or bargeboards are to be used on the approved building.

Reason: In the interests of the character and appearance of the building and in accordance with Policy Nos. GN5 and HT3 of the Adopted Chorley Borough Local Plan Review.

5. Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re0enacting that Order, with or without modification), no windows other than those expressly authorised by this permission, or as subsequently agreed in writing by the Local Planning Authority, shall be inserted or constructed at any time in the west elevation of the building hereby permitted.

Reason: To ensure privacy to the memorial garden situated to the west of the building and in accordance with policy No. GN5 of the Adopted Chorley Borough Local  ...  view the full minutes text for item 19.

The Committee received for information, reports by the Director of Development and Regeneration on the following Category ‘B’ development proposals which had, or were intended to be, determined by the Chief Officer under the adopted scheme of delegations, following consultation with the Chair and Vice-Chair of the Committee.

Application No:            06/00083/FUL

Proposal:                   Formation of new shop front and erection of single storey rear extension.

Location:                    163, Chorley Road, Adlington

Decision:                    Planning Permission Granted

Application No:06/00363/FUL

Proposal:                   Two storey Rear extension to existing offices.

Location:                    23 Queens Road, Chorley

Decision:                    Planning permission granted.

Application No:06/00378/FUL

Proposal:                   Two storey side extension to existing offices.

Location:                    Old Savings Bank, 213, Preston Road, Whittle-Le-Woods

                                    Chorley

Decision:                    Planning Permission granted

Application No:06/00386/FUL

Proposal:                   Construction of new club comprising of hall. Stage, toilets, cloakroom and meeting room (Renewal of Planning Permission 01/00255/FUL)

Location:                    Bateman Hall, Sagar Street, Eccleston

Decision:                    Planning permission granted.

Application No:06/00404/COU

Proposal:                   Change of use to convert first floor unused storage area of shop premises to living accommodation this to include a retrospective planning application of new windows and shop front.

Location:                    2, Eaves Lane, Chorley

Decision:                    Planning permission granted.

Application No:06/00419/COU

Proposal:                   Change of use of a retail unit to parent supervised children’s play centre with associated car parking unit area 1000 sq feet.

Location:                    Unit 1, 60A, Westhoughton Road, Adlington, Chorley

Decision:                    Planning permission granted.

RESOLVED – That the report be noted.

The Director of Development and Regeneration presented, for Members information, a schedule listing the remainder of the planning applications that had been determined by the Chief Officer under delegated powers between 10 April 2006 and 5 May 2006.

RESOLVED – That the schedule be noted.

The Committee considered the report of the Director of Development and Regeneration on the expediency of taking enforcement action in respect of the removal of six lighting units and posts to a menage on land at Clayton Hall Stables, Spring Meadow, Clayton –Le-Woods.

It was brought to Members attention that a complaint had been received that lighting affixed to wooden posts had been erected to the perimeter of a menage on land in the vicinity of the stables; a subsequent site visit having confirmed this allegation. The attention of the landowner had been drawn to this development and an application for retrospective planning has been refused under delegated authority.

The ménage is positioned within the designated Green Belt, and no very special circumstances for this development have been promoted by the applicant.

RESOLVED – That it is expedient to issue an Enforcement Notice in respect of the following breach of planning control:

1.            Without planning permission the erecting of six lighting units affixed to posts that measure 2.6m from ground level to the northern and southern perimeter of the ménage situated on land at Clayton Hall Stables.

a.            Remedy for Breach

            Remove the six lighting units and posts from the land edged Red on the attached plan, plan SA/1.

b.            Period for Compliance

            28 Days

c.            Reason

            The development is contrary to Policies DC1 Of the Adopted Chorley Borough Local Plan Review and Planning Policy Guidance Note 2, in that the development is inappropriate and harmful to the character and appearance of the Green Belt. There is no justification or no very special circumstances to justify an exception in this case to the presumption against inappropriate development in the Green Belt.

Tabled at the meeting.