Agenda and minutes

Apologies for absence were received by Councillors Alan Cain, Danny Gee and Dennis Edgerley

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 16 January 2007 (enclosed).

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 17 January 2007 be confirmed as a correct record and signed by the Chair.

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 Member declared an interest in relation to the Planning Application listed below, which was included on the meetings agenda for determination.

Councillor Henry Caunce – Item 4d, Planning Application 06/01337/FUL

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, under item 4, be determined in accordance with the Committee’s decisions as recorded below.

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

Application No:            06/01337/FUL

Proposal:                   New security roller shutter screens to shop fronts of service.

Location:                    218, The Green, Eccleston, Chorley

Decision:

It was proposed by Councillor Ken Ball, seconded by Councillor Ralph Snape, and subsequently RESOLVED (10:0) to 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. Before the development hereby approved commences a scheme for colour powder coating the roller shutters shall be submitted to and approved by the Local Planning Authority. Such a scheme as approved shall be implemented in full and retained thereafter.

Reason: In the interests of visual amenity and in accordance with policy GN5 of the Adopted Chorley Borough Local Plan Review.

3. Before the development hereby approved commences a scheme enclosing the roller shutter box behind the existing fascias shall be submitted to and approved by the Local Planning Authority. Such a scheme as approved shall be implemented in full and retained thereafter.

Reason: In the interests of visual amenity and in accordance with policy GN5 of the Adopted Chorley Borough Local Plan Review.

4. The roller shutters shall only be in use between 23:00 hours and 7:00 hours and at no other time.

Reason: To reduce the impact on visual amenity and in accordance with policy GN5 of the Adopted Chorley Borough Local Plan Review.

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

Application No:            06/01355/FUL

Proposal:                   Erection of new detached dwelling

Location:                    Royal Umpire Caravan Park, Southport Road, Ulnes Walton, Leyland

Decision:

It was proposed by Councillor Eric Bell, seconded by Councillor Adrian Lowe, and subsequently RESOLVED (11:1) to grant planning permission subject to a Section 106 Agreement and 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 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 and DC81 of the Adopted Chorley Borough Local Plan Review.

3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (Schedule 2, Part 1, Classes A to G), or any Order amending or revoking and re-enacting that Order, no alterations or extensions shall be undertaken to the dwelling(s) hereby permitted, or any garage, shed or other outbuilding erected (other than those expressly authorised by this permission).

Reason: To protect the appearance of the localityand in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

4. Before development commences, in accordance with the recommendation in PPS23 the applicant shall undertake a desktop study to identify any potential sources of land contamination associated with this development site, unless agreed otherwise in writing with the Local Planning Authority. A copy of this report shall be approved in writing by the Local Planning Authority.

Reason: In accordance with policy EP16 of the adopted Chorley Borough Local Plan Review.

5. Upon occupation or substantial completion of the dwelling hereby permitted (whichever is sooner) the existing static caravans sited on the land within the red edge of the application site shall be removed from the land.

Reason: To avoid the proliferation of buildings in the Green Belt for which there is not a continuing need and in accordance with Policy Nos. DC1 of the Adopted Chorley Borough Local Plan Review.

6. Occupation of the dwelling hereby permitted shall be limited to a person wholly of mainly employed at the Royal Umpire Caravan Park and his/her spouse and dependents.

Reason: To define the permission as the dwelling is sited in the Green Belt where policies of development restraint operate.

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

Application No:            06/01289/FULMAJ

Proposal:                   Proposed demolition of existing motorway amenity services building and construction of new replacement building and new fuel filling station on footprint 10m south of demolished building.

Location:                    Bolton West Motorway Service Area Northbound, Greenlands Lane, Anderton

Decision:

It was proposed by Councillor Ken Ball, seconded by Councillor Ralph Snape, and subsequently RESOLVED (12:0) 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 development hereby permitted shall not commence until full details of the colour, form and texture of all external facing materials to the replacement building (notwithstanding any details shown on the approved plans) 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 No. GN5 of the Adopted Chorley Borough Local Plan Review.

3. No development shall take place until a scheme of landscaping and full details of the picnic area have been submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail 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, details the layout of the picnic area including paths and seating; 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.

4. The picnic area and 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 completion of the development, 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.

5. Within 3 months of the first opening to the public of the replacement services building hereby permitted, the existing building shall have been demolished and all materials removed from the site.

Reason: To ensure the redundant building is removed from the site and in accordance with Policy No. DC1 of the Adopted Chorley Borough Local Plan Review.

6. There shall be  ...  view the full minutes text for item 14c

Report of the Director of Development and Regeneration (enclosed)

Application No:            06/01304/REMMAJ

Proposal:                   Erection of buildings and associated works for employment development within Use Classes B1, B2 and B8 (Site Area 4.69 Ha)

Location:                    Plot 4300 Buckshaw Avenue, Buckshaw Village, Euxton

Decision:

It was proposed by Councillor Chris Snow, seconded by Councillor Adrian Lowe, and subsequently RESOLVED (11:0) to grant the Reserved Matters application 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, unless otherwise agreed in writing by the Local Planning Authority, are:

Plan Ref.                         Received On:                             Title:

KWM07/16            15^th January 2007               Proposed Site Levels 1 of 3

KWM07/16            15^th January 2007               Proposal Drainage Link

KWM07/16            15^th January 2007               Proposed External Levels 3 of 3

781.03                        27^th November 2006               Landscape Proposals

1221-PL19D            27^th November 2006               Proposed Location Plan

1221- PL01B            27^th November 2006               Unit CD- Proposed GA Plan

1221-PL06A            27^th November 2006               Unit E & H- Proposed GA Plan

1221-PL07B            27^th November 2006               Unit F- Proposed GA Plan

1221-PL08B            27^th November 2006               Unit G- Proposed GA Plan

1221-PL09B            27^th November 2006               Unit J- Proposed GA Plan

1221-PL10A            27^th November 2006               Unit K- Proposed GA Plan

1221-PL11B            27^th November 2006               Unit A- Proposed Elevations

1221-PL12B            27^th November 2006               Unit B- Proposed Elevations

1221-PL13A            27^th November 2006               Unit CD- Proposed Elevations

1221-PL14B            27^th November 2006               Unit E & H- Proposed Elevations

1221-PL15A            27^th November 2006               Unit F- Proposed Elevations

1221-PL16B            27^th November 2006               Unit J- Proposed Elevations

1221-PL18C            27^th November 2006               Unit K- Proposed Elevations

12205-PL20A            27^th November 2006               Site Section through Unit K South Boundary

1221-PL27                27^th November 2006               Typical External Bin Store

1221-PL28                27^th November 2006               Cycle Shelter & Cycle Racks

1221-PL29                27^th November 2006               Entrance Gate/ Fencing

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

3. Prior to the first use of the development hereby permitted, a Business Travel Plan shall be submitted to and approved in writing by, the local planning authority. The measures in the agreed Travel Plan shall then thereafter be complied with unless otherwise agreed in writing by the Local Planning Authority.

Reason: To reduce the number of car borne trips and to encourage the use of public transport and to accord with Policies TR1 and TR4 of the Adopted Chorley Borough Local Plan Review.

4. Before the development hereby permitted is first commenced full details of lighting proposals for the site shall have been submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail shown on previously submitted plan(s).  The development shall only be carried out in conformity with the approved details.

Reason:  To protect the appearance of the locality, to prevent light pollution, in the interests of public safety and crime prevention and in accordance  ...  view the full minutes text for item 14d

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

Application No:            06/01307/REMMAJ

Proposal:                   Erection of 66 apartments and town houses with associated roads, sewers, garaging and landscaping.

Location:                    Parcel H, Buckshaw Village, Euxton Lane, Euxton

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Ken Ball, and subsequently RESOLVED (12:0) to approve Reserved Matters subject to the following conditions:

1. 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 previously submitted 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.

2. Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences and walls to be erected (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 dwelling shall be occupied until all fences and walls shown in the approved details to bound its plot have been erected in conformity with the approved details.  Other fences and walls shown in the approved details shall have been erected in conformity with the approved details prior to substantial completion of the development.

Reason:  To ensure a visually satisfactory form of development, to provide reasonable standards of privacy to residentsand in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

3. 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 and HS4 of the Adopted Chorley Borough Local Plan Review.

4. Before the development hereby permitted is first occupied, provision for cycle parking provision, in accordance with details to be first agreed in writing with the Local Planning Authority, shall have been made.

Reason: To ensure adequate on site provision for cycle parking in accordance with Policy No. TR18 of the adopted Chorley Local Plan Review.

Report of Director of Development and Regeneration (enclosed)

The Director of Development and Regeneration submitted a report that outlined the responses received in relation to the public consultation on the draft Householder Design Guidance document.

The new Householder Design Guidance is intended to provide more positive and comprehensive guidance. It will replace earlier guidelines and, as a Supplementary Planning Document, will form part of the new Local Development Framework for Chorley.

Textual changes were proposed in response to the representations that were made, along with some editorial amendment and reordering to make the document more comprehensible and hence enhance its effectiveness.

The community involvement consultation had been helpful and had prompted improvements in the final draft. It was anticipated that the guidelines wouldl help improve the quality of the built environment across the District by encouraging good design and providing a clear basis for negotiation and consistent decision making.

RESOLVED – That the report be noted.

Director of Development and Regeneration (enclosed).

The Director of Development and Regeneration submitted a report to inform Members of the publication of two draft consultation documents on Planning and Climate Change – Supplement to Planning Policy Statement 1 and Building a Greener Future; Towards Zero Carbon Development, that would have a significant impact on planning within the Borough.

The consultation draft of the Planning Policy Statement 1 reiterates the importance of basic sustainability principles and must be included in appraising applications, and in allocating any additional land for development required in response to any additional requirements, derived from the Examination in Public for the Regional Spatial Strategy.

The proposals and policy direction set out in both documents underlined the timeliness of the Preferred Options for Sustainable Resources.

The proposed approach to new developments for stand alone renewable energy developments, is likely to fetter our ability to control developments within the Borough. The Chorley Borough Renewable Energy Study that had been previously completed is in line with the advice to promote renewable energy set out in the Planning Policy Statement.

The requirement to give climate change, and reduction of carbon emissions, central importance in policy decisions is welcomed.

RESOLVED – That the report is noted.

Director of Development and Regeneration (enclosed).

The Director of Development and Regeneration submitted a report informing Members of the publication of Planning Policy Statement 3 (PPS3): Housing.

Policy Planning Statement 3 sets out the national planning policy framework for delivering the Government’s housing objectives and had been developed in response to the Barker Review of Housing Supply.

A consultation paper on the draft statement had been issued in December and whilst some aspects were welcomed, officers had expressed some concerns to the Office of the Deputy Prime Minister.

Planning Policy Statement 3 will have significant for Chorley Borough in terms of both preparing the Local Development Framework and making Development Control decisions,  It aims to provide a more rigorous approach to identifying and meeting housing needs in light of significant increases in household growth. However, it also gives the Authority more powers to tailor situations to local circumstances.

RESOLVED – That the report be noted.

Director of Development and Regeneration (enclosed)

The Director of Development and Regeneration submitted a report to inform Members of the new Planning Policy Statement 25: Development and Flood Risk and the implications that this will have on the determination of planning applications and development planning.

The finalised statement clarifies the sequential test that matches types of development to degrees of flood risk. The need for flood risk assessment at all levels is confirmed and a vulnerability classification and an exception test is introduced. There is also clearer policy on flood risk deriving from climate change.

The Environment Agency will in future focus its resources on strategic flood risk assessments by providing the information needed and commenting on the scope and methodology of such appraisals.

The statement provides a comprehensive and logical approach to considering and minimising the risk of flooding affecting or created by new development.

The Council is collaborating with Preston and South Ribble Councils on producing a combined strategic flood risk assessment covering the three authorities areas. An essential piece of work for the Local Development Framework both for the Core Strategy and in relation to the allocation of development sites will achieve substantial financial savings on consultancy fees by collaborating in this way.

RESOLVED – That the report be noted.

Director of Development and Regeneration (enclosed).

The Director of Development and Regeneration submitted a report to inform Members of the publication of a further consultation document that had been received from the Department of Communities and Local Government (DCLG) on Planning Obligations.

It has been considered that Planning Obligations (Section 106 agreements or planning contributions) were in need of reform as they are often negotiated on an ad hoc basis, there is often suspicion that their use, leads to applications being “bought” through community facilities, or transport improvements, and there is little certainty for developers on the costs that are involved. The lack of transparency results in land values being unclear and schemes becoming unviable.

However, the new proposed scheme could mean that some major projects could be adversely affected, a development to fund a railway station, may not be possible under a Planning Obligation if the Planning Gain Supplement came into force. The twin approach of a scaled back planning obligation system and the proposed Planning Gain Supplement would also restrict our negotiation process.

The purpose of the consultation was to ascertain whether the Planning Gain Supplement could be workable, and if it is, to be clear how the use of planning obligations would complement it.

The Council had already improved the speed, transparency and the negotiation of Planning Obligations. It was felt that the new ‘scaled back and simplified system’ would be likely to cause additional confusion as to when a Planning Obligation is legitimate. This would cause uncertainty and delay in the delivery of development in the Borough. It would be difficult to ensure that the various public sector agencies actually have sufficient funding to ensure developments are acceptable.

It was also unclear whether public sector spending priorities will allow monies to be spent at the level required and to whom public sector agencies will be held accountable.

RESOLVED – 1.      That the report be noted.

2.         That the Authority’s responses to the consultation document set out in Appendix A of the report be sent to the Department of Communities and Local Government.

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

The Director of Development and Regeneration submitted a report seeking the Committee’s instructions on whether to confirm the Tree Preservation Order (TPO) No.6 (Euxton) 2006 in light of receiving an objection.

The tree in question is situated in the rear garden of 15 Balshaw Gardens, Euxton. Following reports that the tree was to be felled a TPO was made as it was considered that it contributed to the visual amenity of the area.

One letter of objection had been received from the owners of the property on which the tree stands citing the following grounds of objection:

• The tree has grown huge, it is near to the house and may be dangerous.
• Danger to the foundations and drains from roots
• Falling branches onto garden
• Possible flooding of adjacent stream due to fallen leaves and branches.

The Council’s Arboricultural officer had met with the owners to discuss their objection and carried out an assessment on the tree. The tree is in good general condition and is not considered to be a hazard.

It was proposed by Councillor Adrian Lowe, seconded by Councillor Thomas Bedford, and subsequently RESOLVED (13:0) that the Tree Preservation Order No6 (Euxton) be confirmed.

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

The Committee received a report of the Director of Development and Regeneration giving notification of five appeals that had been lodged against the refusal of planning permission, four appeals that had been dismissed, two appeals that had been allowed, one appeal that had been withdrawn and one enforcement appeal that had been lodged.

RESOLVED – That the report be noted.

The Committee received for information a table showing the decisions made on the 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.

RESOLVED – That the table be noted.

Schedule (enclosed).

The Director of Development and Regeneration presented for Members information, a schedule listing the remainder of the applications that had been determined by the Chief Officer under delegated powers between 1 January 2007 and 31 January 2007.

RESOLVED – That the schedule be noted.