Agenda and minutes

Apologies for absence were received by Councillors E Bell, C Snow and S Smith.

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 D Edgerley – Item 6a, A1: Planning Application 06/00423/FULMAJ

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 23 May 2006 (enclosed).

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 23 May 2006 to be confirmed as a correct record and signed by the Chair.

The Committee received a report of the Director of Development and Regeneration giving notification of eight appeals that had been lodged against the refusal of planning permission, two appeals that had been dismissed, one appeal that had been allowed by the planning inspectorate and three appeals that had been lodged against enforcement action.

Members requested the Officers to monitor the level of appeals to identify any patterns of trends and report their findings back to this Committee at a later date.

RESOLVED –  1.     That the report be noted.

2.         That the Director of Development and Regeneration monitor the appeal process and report back to the Members of this Committee at a meeting later in the year.

Report of Director of Development and Regeneration (enclosed)

The Director of Development and Regeneration submitted a report to update Members on the progress of the draft Householder Design Guidance Supplementary Planning Document and to seek endorsement for the instigation of a formal consultation process in relation to the document which will form part of the Local Development Framework.

RESOLVED – 1.      That Members endorse the draft document and recommend that Executive Cabinet approves it for consultation and community involvement purposes subject to ratification by Full Council.

2.         That any minor textural and illustrative amendments be delegated to the Director of Development and Regeneration.

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 D Edgerley declared an interest in the following application and left the meeting during the discussion and voting on the proposal)

Application no:            06/00423/FULMAJ

Proposal:                   Refurbishment of existing hostel and hotel to form 16 self contained flats with office space and sleep over area.

Location:                    1 & 3, Southport Road, Chorley

Decision:

It was proposed by Councillor R Snape, seconded by Councillor K Ball, to refuse planning permission on highways grounds and the loss of amenity to the surrounding area. Councillor R Snape and Councillor K Ball also requested a recorded vote.

An amendment to the motion was proposed by Councillor A Lowe, seconded by Councillor F Culshaw, to grant full planning permission and was subsequently RESOLVED (9:4) with Councillors T Bedford, F Culshaw, A Cain, H Caunce, D Dickinson, D Gee, H Heaton, A Lowe and G Russell voting for the proposal and Councillors K Ball, R Lees, J Molyneaux and R Snape voting against the proposal, 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 windows marked as obscure glazed on the amended plan received 1 June 2006 (Drawing No. 03-597-PO2 Revision B) shall be fitted with obscure glass and obscure glazing shall be retained at all times thereafter.

Reason: In the interests of the privacy of occupiers of neighbouring property and in accordance with Policy No. GN5.

3. The approved plans are:

Plan Ref.             Received On:                 Title:

03-597-PO1 Rev A       1 June 2006                       Proposed Scheme Development Plans

03-597-PO2 Rev B       1 June 2006                       Proposed Scheme Development Elevations

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

4. Before the use of the premises hereby permitted is first commenced, the car parking shall be marked out in accordance with the approved plans. The car parking shall not thereafter be used for any purpose other than the parking and manoeuvring of vehicles.

Reason: To ensure adequate on site provision of car parking and manoeuvring areas and in accordance with Policy TR4of the Adopted Chorley Borough Local Plan Review.

5. Before the use of the premises hereby permitted is first commenced, details of a boundary treatment to be erected to the rear of the building to prevent rear access, shall be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interest of the amenity of the area and in accordance with Policy No. GN5.

Application no:            06/00494/FULMAJ

Proposal:                   Residential development comprising 15 houses and 6 flats and associated works (amendments to part of that previously approved on applications 03/00214/FUL and 03/00529/FUL).

Location:                    Vale Works, Star Lane, Horwich

Decision:

It was proposed by Councillor F Culshaw, seconded by Councillor G Russell, and subsequently RESOLVED to grant full planning permission subject to a Section 106 Agreement and 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. This consent relates to the following plans:

The works hereby permitted shall be carried out strictly in accordance with the following plans unless otherwise agreed in writing by the Local Planning Authority:

Plan Ref:                        Received On:                        Title:

                        5 May 2006                        Location Plan

GF1                        20 April 2006                        Standard Feather Edged Fence

GF2                        20 April 2006                        Low Feather Edged Fence

2278/DET/02                        20 April 2006                        Brick Piers and 1.8m High Close Boarded Fence

2205/PAL/04A                        20 April 2006                        Palmerston Plans and Elevations

2205/BUK/01B                        20 April 2006                         Buckingham Plans and Elevations

2205/BUH/01                        20 April 2006                         Buchanan Plans and Elevations

2205/ENN/01                        20 April 2006                         Ennerdale Plans and Elevations

2205/FA3/01                        20 April 2006                         Falkirk Plans and Elevations

G.1./2.                        20 April 2006                        Standard Single Garage Details

22095/T00                        20 April 2006                        Topographical Survey

PL01/311 Rev W                        20 April 2006                        Planning and Landscape Layout

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

3. No development shall take place until :

a)     a methodology for investigation and assessment of ground contamination has been submitted to and approved in writing by the Local Planning Authority.  The investigation and assessment shall be carried out in accordance with current best practice including British Standard 10175:2001 “Investigation of potentially contaminated sites - Code of Practice”.  The objectives of the investigation shall be, but not limited to, identifying the type(s), nature and extent of contamination present to the site, risks to receptors and potential for migration within and beyond the site boundary;

b)     all testing specified in the approved scheme  (submitted under a) and the results of the investigation and risk assessment, together with remediation proposals to render the site capable of development have been submitted to the Local Planning Authority;

c)     the Local Planning Authority has given written approval to the remediation proposals (submitted under b), which shall include an implementation timetable and monitoring proposals.  Upon completion of the remediation works, a validation report containing any validation sampling results have been submitted to and approved in writing by the Local Planning Authority.

Reason: To protect the environment and prevent harm to human health by ensuring that the land is remediated to an appropriate standard for the proposed end use and in accordance with Policy No. EP16 of the Adopted Chorley Borough Local Plan Review.

4. The development hereby permitted  ...  view the full minutes text for item 28b

Application No;            06/00499/FULMAJ

Proposal:                   Replacement Care Home for the Elderly

Location:                    Healey View Care Home, Botany Brow, Chorley

Decision:

It was proposed by Councillor A Lowe, seconded by Councillor D Edgerley, and subsequently RESOLVED (7:0) 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. 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.

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 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.

4. During the construction period, all trees to be retained shall be protected by 1.2 metre high fencing as specified in paragraph 8.2.2 of British Standard BS5837:1991 at a distance from the tree trunk equivalent to the outermost limit of the branch spread, or at a distance from the tree trunk equal to half the height of the tree (whichever is further from the tree trunk), or as may be first agreed in writing with the Local Planning Authority.   No construction materials, spoil, rubbish, vehicles or equipment shall be stored or tipped within the area(s) so fenced.  All excavations within the area so fenced shall be carried out by hand.

Reason: To safeguard the trees to be retained and in accordance with Policy Nos. EP9 and HT9 of the Adopted Chorley Borough Local Plan Review.

5. 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  ...  view the full minutes text for item 28c

Application No:            06/00216/FUL

Proposal:                   Formation of fenced off horse exercise area with all weather surface and erection of timber isolation stable/shelter with veterinary treatment area.

Location:                    Land 100m South East Of Back House Farm, Hall Lane, Mawdesley

Decision:

It was proposed by Councillor F Culshaw, seconded by Councillor D Edgerley, and subsequently RESOLVED (7:0) 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 building hereby permitted shall be used for the stabling of horses and storage of associated equipment, bedding and feed only and shall not be used for any trade or business purposes (including the keeping of horses at livery or in connection with a commercial riding school).

In the interests of highway safety and the character and appearance of the area.

3. All external facing material shall match in colour, form and texture those on the existing stable building.

Reason: In the interests of the visual amenity of the area.

4. The permission hereby granted shall only enure for the benefit of a horse related charitable organisation and may not be implemented or occupied by any other person, company or organisation. Should the isolation unit/treatment building and associated hardstanding hereby permitted cease be required for the purposes of the charity, it shall be removed from the land, together with all resultant materials, and the land shall be restored to its condition before the development took place.

Reason: The permission was granted having regard to the special circumstances advanced in support of the application, however the use would be inappropriate to the area unless only carried on by the applicant in the manner specified on the application.

5. The permission hereby granted is for the use of the land for the keeping and grazing of animals and the riding of horses and ponies only.  The land shall not be used for any business purpose including the commercial training or schooling of horse and pony riders or for the holding of any events, competitions, trials, horse/pony club meetings or gymkhanas and does not imply or grant permission for installation of any system or sound amplification.

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

6. 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  ...  view the full minutes text for item 28d

Application No:            06/00385/FUL

Proposal:                   Retrospective planning application for a 2m high boundary wall.

Location:                    89, Highways Avenue, Euxton, Chorley

Decision:

It was proposed by Councillor D Gee, seconded by Councillor D Edgerley to defer the decision to allow the Site Inspection Sub-Committee to visit the development and make a reccomendation to this Committee.

Councillor A Lowe proposed an amendment to the motion, seconded by Councillor R Lees and was subsequently RESOLVED (9:4) to refuse the retrospective planning permission for the following reasons:

1. The proposal, by reason of the height and siting of the boundary wall, would be visually obtrusive and detrimental to both the appearance and character of the street and the amenity of the area. This development is inappropriate as it does not relate well to the immediate surroundings which reflects a more open and sylvan character with softer boundary treatments. The proposal is therefore contrary to policy GN1 and GN5 of the Adopted Chorley Borough Local Plan Review.

Application No:            06/00469/FUL

Proposal:                   Formation of pitched roof over existing flat roof front dormer (retrospective).

Location:                    57, Lancaster Lane, Clayton-Le-Woods, Leyland

Decision:

It was proposed by Councillor T Bedford, seconded by Councillor D Edgerley and subsequently RESOLVED (10:0) to defer the decision to allow the Site Inspection Sub-Committee to visit the site of the proposed development.

Application No:            06/00547/COU

Proposal:                   Change of use from takeaway to mixed use with restaurant and takeaway, also retrospective planning application for the erection of a single storey rear extension and internal disabled toilet.

Location:                    77, Water Street, Chorley

Decision:

It was proposed by Councillor D Edgerley, seconded by Councillor A Lowe, and subsequently RESOLVED (9:0) to refuse planning permission for the following reason:

1. The development will give rise to additional noise and disturbance which will be detrimental to the amenities of nearby residential properties which is contrary to policy EP20 of the Adopted Chorley Borough Local Plan.

Application No:            06/00563/FUL

Proposal:                   Proposed Stables

Location:                    Land to the Rear of 243 Chapel Lane, Coppull, Chorley

Decision:

It was proposed by Councillor K Ball, seconded by Councillor F Culshaw and subsequently RESOLVED 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 stables hereby permitted shall be used for the stabling of horses and storage of associated equipment and feed only and, in particular, shall not be used for any trade, business or other storage purposes.Reason:  To define the permission and in the interests of the visual amenities and character of the area and in accordance with Policy No. EP8 of the Adopted Chorley Borough Local Plan Review.

3. Before the use of the stables is commenced the midden shall be fully constructed and available for use.

Reason: In the interests of the visual amenities and character of the area and in accordance with Policy No. EP8 of the Adopted Chorley Borough Local Plan Review.

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:            06/00400/FUL

Proposal:                   Erection of horticultural glasshouse

Location:                    Bancroft Cottage, Higher Simpson Fold, Wheelton

Decision:                    Planning permission granted.

Application no:            06/00405/FUL

Proposal:                   Change of use to convert 2 properties to 6 apartments

Location:                    8, 10 and 10a, Market Street, Adlington, Chorley

Decision:                    Planning permission granted.

Application no:            06/00420/FUL

Proposal:                   Proposed stable block

Location:                    Land 20m South West of Cockers Farm, Long Lane, Heath Charnock

Decision:                    Planning permission granted

Application no:06/00465/TPO

Proposal:                   Crown and thin two sycamores and remove a third covered by TPO1 Whittle-Le-Woods 1985

Location:                    11, Chorley Old Road, Whittle-Le-Woods, Chorley

Decision:                    Consent granted for tree works

Application no:06/00484/FUL

Proposal:                   Erection of retrospective greenhouse (16m x 27m)

Location:                    Pole Green Nurseries, Church Lane, Charnock Richard

Decision:                    Retrospective planning permission granted.

Application no:06/00508/FUL

Proposal:                   Proposed replacement dwelling and double garage

Location:                    83, Wigan Road, Euxton, Chorley

Decision:                    Planning permission granted.

Application no:06/00532/FUL

Proposal:                   Amendment to design of crematorium building previously approved incorporating an extension to the building.

Location:                    Land opposite Brow Cottage, Preston Road, Charnock Richard, Chorley

Decision:                    Planning permission granted

Application No:06/00566/TEL

Proposal:                   Telecommunications Installation Comprising 14.7m High monopole supporting 3 no antennas, 1 dish with Development Ancillary

Location:                    Shaw Hill Bridge, Preston Road, Whittle-Le-Woods

Decision:                    Prior App not reqd – Telecom

Application no:06/00577/FUL

Proposal:                   Erection of offices and store

Location:                    Land North of 20 Union Street, Whittle-Le-Woods

Decision:                    Planning permission granted

RESOLVED – That the reports 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 8 May 2006 and 2 June 2006.

RESOLVED – That the schedule be noted.

The Committee considered a report of the Director of Development and Regeneration on the expediency of taking enforcement action in respect of the demolition of the pitched roof over existing flat roof front dormer at 57, Lancaster Lane, Clayton-Le-Woods.

It was brought to Members attention that a retrospective planning application for the formation of a pitched roof over an existing flat roof front dormer to property at 57, Lancaster Lane, Clayton-Le-Woods appeared on this agenda.

RESOLVED – That the report be deferred to allow members of the Site Inspection Sub-Committee to visit the site of the development.

The Committee considered a report of the Director of Development and Regeneration on the expediency of taking enforcement action to secure the demolition of brick wall, 2 metres in height adjacent to highway used by motor vehicles at 89, Highways Avenue, Euxton.

It was brought to Members attention that a retrospective planning application for the erection of a 2-metre high boundary wall to property 89 Highways Avenue, Euxton, had been refused by the Committee earlier in this meeting.

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

1.            Without planning permission the erection of a brick wall adjacent to a highway used by vehicular traffic, which is over 1 metre in height.

a)            Remedy for breach

(i)                 Reduce the height of the brick pillars and close boarded timber fence panels between points A and B, as shown on the attached plan, to a height of 1 metre when measured from ground level, thereby benefiting as permitted development granted by virtue of, schedule 2. Part 2, Class A, The Town and Country Planning (General Permitted Development) Order 1995.

(ii)               Remove all material resultant from the works carried out under 9 (ai) from the land.

b)            Period for Compliance

            56 days

c)            Reason

            The height of the brick pillars would be visually obtrusive and detrimental to both the appearance and character of the street and the amenity of the area. This development is inappropriate. As it does not relate well to the immediate surroundings, which reflect a more open and sylvan character with softer boundary treatments. The proposal is therefore contrary to policies GN1 and GN5 of the Adopted Chorley Borough Local Plan Review.

Tabled at the meeting.