Agenda and minutes

Apologies for absence were received from Councillors Thomas Bedford, Eric Bell, Roy Lees, Chris Snow and Ralph Snape

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 13 February 2007 (enclosed)

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 13 February 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.

No declarations of interest were declared.

Table (enclosed)

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)

(The Committee received representations from an objector and a supporter of the application).

Application No:                  07/00088/COU

Proposal:                   Proposed change of use from retail to hot food takeaway

Location:                    85, Bolton Street, Chorley

Decision:

It was proposed by Councillor Dennis Edgerley, seconded by Councillor Adrian Lowe, and subsequently RESOLVED (6:2) to refuse planning permission for the following reason:

1. The proposed development by virtue of its location in close proximity to residential properties in particular Beacon Street is likely to result in noise and disturbance to such a degree that it would be detrimental to nearby residential amenity and this is contrary to policy EP20 of the Adopted Chorley Borough Local Plan Review.

Report of the Director of Development and Regeneration (enclosed)

(The Committee received representations from an objector and a supporter of the application).

Application No:                  07/0085/FUL

Proposal:                   Removal of planning condition no 2 (app 9/83/00453) “The building will not be used between the hours of 11.00pm and 8.00am”

Location:                    Heapey and Wheelton Village Hall, West View, Wheelton

Decision:

It was proposed by Councillor Councillor Edgerley, seconded by Councillor June Molyneaux, and subsequently RESOLVED (8:1) to defer the decision to allow further dialogue to take place.

Report of the Director of Development and Regeneration (enclosed)

Application No:                  05/00394/OUTMAJ

Proposal:                   Proposed mixed use development of mainly B1, B2 and B8 use classes with site entrance allocated for C1 & A4 use classes.

Location:                    Land between M61 Motorway and Leeds and Liverpool Canal, Millennium Way, Chorley

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Danny Gee, and subsequently RESOLVED (9:0) to grant planning permission subject to a Section 106 Agreement and the following conditions:

1. (a)            Before any development is commenced details of all 'Reserved Matters', (that is any matters in respect of which details have not been given in the application and which concern the siting, design, external appearance of the building(s), and landscaping of the site shall be submitted to and approved in writing by the Local Planning Authority.

(b)  An application for approval of all 'Reserved Matters' must be made not later than the

expiration of three years beginning with the date of this permission.

(c) The development to which this permission relates must be begun not later than two years from the final approval of the Reserved Matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: (a) This condition is required to be imposed by the provisions of Article 3 (1) of the Town and Country Planning (General Development Procedure) Order 1995: (1) of the (b) & (c) These conditions are required to be imposed by Section 92 of the Town and Country Planning Act 1990.

2. The works hereby permitted shall be carried out strictly in accordance with the following plans:

Plan Ref:            Received On:                     Title:

NN03-PLO9 Rev  I  5^th January 2007             Masterplan

NN03-PL01 Rev  A            5^th January 2007-02-26            Location Plan

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

3. Prior to the commencement of development samples of all external facing and roofing materials (notwithstanding any details shown on previously submitted plan(s) and specification) together with details of all windows and doors shall be submitted to and approved in writing by the Local Planning Authority.  All works shall be undertaken strictly in accordance with the details as approved unless otherwise first agreed in writing by the Local Planning Authority.

Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5, and EM2 of the adopted Chorley Borough Local Plan Review.

4. Prior to the commencement of development full details of the colour, form and texture of all hard landscaping (notwithstanding any such detail shown on previously submitted plans and specification) shall have been submitted to and approved in writing by the Local Planning Authority.  All works shall be undertaken strictly in accordance with the details as approved, unless otherwise first agreed in writing by the Local Planning Authority, and shall be completed in all respects before the final completion of the development and thereafter retained.

Reason: To ensure a satisfactory form of development in the interest of the visual amenity of the area  ...  view the full minutes text for item 27c

Report of the Director of Development and Regeneration (enclosed)

Application No:                  06/01382/COU

Proposal:                   Change of use of existing woodland area to domestic curtilage

Location:                    The Coach House, Chorley Road, Withnell, Chorley

Decision:

The application was withdrawn.

Report of the Director of Development and Regeneration (enclosed)

Application No:                  07/00038/COU

Proposal:                   Proposed conversion of existing shop into residential accommodation, comprising of 2 No. two bedroom apartments

Location:                    18 Seymour Street, Chorley

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Geoff Russell, and subsequently RESOLVED (8:1) to grant planning permission subject to a legal agreement 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. This consent relates to the following plans:

Plan Ref.                               Received On:                         Title:

                                    14^th February 2007               Site Location Plan

Pilkington/02                      5^th February 2007               Proposed Plans and Elevations

Pilkington/01                      5^th January 2007               Existing Plans and Elevations

Reason:  To define the consent and to ensure all works are carried out in a satisfactory manner.

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

Reason:  In the interests of the visual amenity of the area in general and the existing building in particular and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

To receive and consider the minutes of the meeting of the Site Inspection Sub-Committee held on 12 March 2007 (enclosed)

The Committee received the minutes of the meeting of the Site Inspection Sub-Committee held on Monday 12 March 2007.

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

Planning apllication 06/01357/FUL had sought permission to retain a timber shed to the east of an existing block of 5 stables on land off Heapey Road, Heapey, Chorley.  The Sub-Committee, after taking all the factors into account, recommended the Development Control Committee to grant permission for the retrospective proposal.

It was proposed by Councillor Danny Gee, seconded by Councillor David Dickinson, and subsequently RESOLVED (9:0) to grant planning permission subject to the following conditions:

1.The timber shed hereby permitted shall only be used for purposes ancillary to the existing stables and for the 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.

2.Where use of the timber shed for the authorised purposes ceases for a period exceeding 6 months within 10 years of its substantial completion the timber shed and associated hardstanding, shall be removed from the field and the land restored to its former condition.

Reason: To avoid the proliferation of buildings in Other Open Countryside for which there is not a continuing need.

Report of the Director of Development and Regeneration (enclosed)

The Committee considered a report of the Director of Development and Regeneration on the expediency of taking enforcement action in respect of a change of use of woodland to domestic curtilage at The Coach House, Lake View, Chorley Road, Withnell

RESOLVED – That it is expedient to issue an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 in respect of the following breach of planning control – without planning permission the change in use of land that is beyond 8m when measured from the rear of the dwelling. The Coach House, Lake View, Chorley Road, Withnell, from designated Green Belt to domestic curtilage.

Remedy for Breach

1.            Reinstate the land to the rear of the property that is beyond 8m, when measured from the rear of the dwelling, to woodland by removing:

a.                 All timber decking that has been laid

b.                 All lighting columns and cabling associated with those lighting columns

c.                 All retaining walls

d.                 All plants within the planting bed

e.                 All items of domestic paraphernalia

2.         Cease use of land to the rear of the property that is beyond 8m when measured from the rear of the dwelling, as domestic garden area.

Period of Compliance

9 months

Reason

The development is considered to be harmful to the character and appearance of the Green Belt and very special circumstances have not been submitted in support of the application. The proposal is considered to be contrary to Policy DC1 and advice contained within PPG2: Green Belts.

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 an appeal against the refusal of planning permission, three appeals that had been dismissed and one appeal that had been withdrawn.

The report also gave notification of one enforcement appeal that had been withdrawn.

RESOLVED – That the report be noted.

Table (enclosed)

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

RESOLVED – That the reports 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 February and 23 February 2007.

RESOLVED – That the schedule be noted.