Agenda and minutes

Apologies for absence were received from Councillors Eric Bell, Alan Cain, June Molynaeux and Chris Snow.

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

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 13 March 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 declaration of interest were declared.

The Chair advised the Committee that Rosaleen Brown (Senior Solicitor) would be leaving the Authority shortly and was attending her last meeting of the Development Control Committee

The Chair and Committee thanked Ms Brown for her work and support to the Committee and extended best wishes for the future.

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 supporter of the application).

Application No:            07/00156/COU

Proposal:                   Change of use to hot food takeaway (Class A5)

Location:                    2 Lawrence Lane, Eccleston, Chorley

Decision:

It was proposed by Councillor Geoff Russell, seconded by Councillor Francis Culshaw, and subsequently RESOLVED (5:1) 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. Before development commences, a plan showing the marking out of the forecourt car park shall be submitted to and approved in writing by the local planning authority. The car park shall be marked out in accordance with the approved plan before the premises are first used as a hot food takeaway, and the parking spaces shall be kept permanently available for the parking and manoeuvring of vehicles and for no other purpose.

Reason: To ensure adequate on site provision of car parking in accordance with Policy TR4 of the adopted Chorley Borough Local Plan Review.

3. Before development commences full details of the fume extraction and filtration systems shall be submitted to and approved in writing by the local planning authority. Prior to the commencement of the use hereby permitted, the systems shall be installed in accordance with the approved details, and shall be used and maintained thereafter in accordance with the manufacturers’ instructions.

Reason: To safeguard the amenities of local residents and in accordance with Policy Nos.EP20 and EP21 of the adopted Chorley Borough Local Plan Review.

4. The use hereby permitted shall be restricted to the hours between 08.00hrs and 22.30hrs Sunday to Thursday inclusive, and between 08.00hrs and 23.00hrs on Friday and Saturdays.

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

Report of the Director of Development and Regeneration (enclosed)

Application No:            06/01371/FULMAJ

Proposal:                   Residential development comprising of 19 houses and 6 flats and associated works (amendment to part of that previously approved on application nos. 03/00214/FUL and 03/00529/FULMAJ

Location:                    Vale Works, Star Lane, Horwich Bolton

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Roy Lees, and subsequently RESOLVED (5:0) to grant planning permission subject to a Section 106 Agreement and the following conditions:

1. This consent relates to the following plans:

Plan Ref.                   Received On:                     Title:

                                     25^th January 2007               Location Plan

PL01/311                   25^th January 2007               Planning  and

                                                                                    Landscape Layout

2006/PAL/04             4^th January 2007               2006 Palmerston

                                                                                    Plans and

                                                                                    Elevations

2278/DET/02                        3^rd November 2006               Brick Piers and 1.8m

                                                                                    High Close

                                                                                    Boarded Fence

GF2                            3^rd November 2006               Low Feather Edged

                                                                                    Fence

GF1                            3^rd November 2006               Standard Feather

                                                                                    Edged Fence

RD2                            3^rd November 2006               Railing Details

22095/T00                 3^rd November 2006               Topographical Survey

2006/BUK/01          5^th March 2007              2006 Buckingham

                                                                                    Plans and Elevations

2006/BUH/01          5^th March 2007              2006 Buchanan Plans

                                                                                    and Elevations

2006/ENN/01          5^th March 2007              2006 Ennerdale

                                                                                    Plans and Elevations

2205/FA3/01             5^th March 2007              2005 Falkirk Plans

                                                                                    and Elevations

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

2. 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.

3. The development hereby permitted shall only be carried out in conformity with the proposed ground and building slab levels shown on the approved plans or as may otherwise be agreed in writing with the Local Planning Authority before any development is first commenced.

Reason:  To protect the appearance of the locality and in the interests of the amenities of local residents and in accordance with Policy Nos.  ...  view the full minutes text for item 39.

Report of the Director of Development and Regeneration (enclosed)

Application No:            07/00244/FULMAJ

Proposal:                   Construction of 30 no. Houses and 28 no. Apartments with associated parking.

Location:                    Parcel 7, Land 30m South of 60 Main Street, Buckshaw Village, Euxton

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Danny Gee, and subsequently RESOLVED (9:0) to grant planning permission for 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. 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.

3. The development hereby permitted shall not commence until full details of the colour, form and texture of all external facing materials to the proposed building(s) (notwithstanding any details shown on the 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 HS4of the Adopted Chorley Borough Local Plan Review.

4. 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 residents and in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

5. 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  ...  view the full minutes text for item 40.

Report of the Director of Development and Regeneration (enclosed)

Application No:            06/01297/ADV

Proposal:                   Erection of 1 internally illuminated double sided freestanding sign (Retrospective)

Location:                    Aldi Supermarket, Harpers Lane, Chorley

Decision:

It was proposed by Councillor Ralph Snape, seconded by Councillor Dennis Edgerley and subsequently RESOLVED (6:0) to refuse advertising consent for the following reason:

The advertisement is contrary to PPG 19 and policy GN7 of the Chorley Borough Local Plan Review by reason of its scale, siting and extent of illumination. The advertisement is sited in a prominent position in relation to the building and is not in keeping with the scale of the building, therefore dominating the building frontage. Furthermore, it would contribute to an unnecessary visual clutter of advertisements on the front of the building, and is out of keeping with other signage being displayed lawfully in the vicinity. As a result, the advertisement is visually obtrusive and detrimental to the appearance of the building and the amenity of the area.

Report of the Director of Development and Regeneration (enclosed)

Application No:            07/0075/FUL

Proposal:                   Retrospective application for perimeter fence

Location:                    41 Wray Crescent, Ulnes Walton, Leyland

Decision:

It was proposed by Councillor Thomas Bedford, seconded by Councillor Adrian Lowe, and subsequently RESOLVED (7:0) to refuse planning permission for the retrospective planning application for the following reasons:

1. The proposal, by reason of the total height, siting and design of the boundary fence, 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 character with minimal boundary treatments. The proposal is therefore contrary to policy GN5 of the Adopted Chorley Borough Local Plan Review which seeks to ensure that the design of proposed development are well related to their surroundings.

2.  The proposal is located within an area designated as Green Belt as such the visual amenities of the Green Belt should not be injured by proposals for development, which although would not prejudice the purposes of including land in Green Belts, might be visually detrimental by reason of their siting, materials or design. It is considered that the fence by reason of its height, siting and design would harm the visual amenity of the Green Belt and is therefore contrary to Policy DC1 of the Adopted Chorley Borough Local Plan Review.

Report of the Director of Development and Regeneration (enclosed)

Application No:            07/00108/OUT

Proposal:                   Outline application for the erection of one detached two-storey dwelling with a detached garage and a detached garage for The Gables

Location:                    Land 30m North West Of The Gables, 88, Station Road, Croston

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Roy Lees, and subsequently RESOLVED (7:0) to grant planning permission subject to a Section 106 Agreement and the following conditions:

1. Application for approval of the reserved matters must be made to the Council before the expiration of three years from the date of this permission and the development hereby permitted must be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

2. Before the development hereby permitted is first commenced, full details of the following reserved matters (namely scale, appearance and landscaping shall be submitted to and approved in writing by the Local Planning Authority.

Reason: The permission is in outline only.

3. This consent relates to the following plans:

Plan Ref.            Received On:            Title:

03        19^th March 2007             Proposed site layout for a detached dwelling

02        19^th March 2007     Topographic Survey;

01        19^th March 2007              Site Location Plan

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

4. The application for approval of reserved matters shall be accompanied by full details of existing and proposed ground levels and proposed building slab levels (all relative to ground levels adjoining the site), 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.

5. 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.

6. Surface water must drain separate from the foul and no surface water will be permitted to discharge to the foul sewerage  ...  view the full minutes text for item 43.

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 the removal of 1 internally illuminated double sided freestanding sign at Aldi Supermarket, Harpers Lane, Chorley.

RESOLVED – That it is expedient to take enforcement action in respect of the following breach of control – the sign is being displayed unlawfully.

Remedy of the Breach

That if the sign is not removed. The Authority will commence legal proceedings in respect of the display of the unauthorised signage.

Reason

The advertisement is contrary to PPG 19 and policy GN7 of the Chorley Borough Local Plan Review by reason of its scale, siting and extent of illumination. The advertisement is sited in a prominent position in relation to the building and is not within keeping with the scale of the building, therefore dominating the building frontage. Furthermore, it would contribute to an unnecessary visual clutter of advertisements on the front of the building, and is out of keeping with other signage being displayed lawfully in the vicinity. As a result, the advertisement is visually obtrusive and detrimental to the appearance of the building and the amenity of the area.

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 to reduce the height of a timber post and panel fencing and to remove a garden shed at 41 Wray Crescent, Ulnes Walton, Leyland.

1.            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 erection of a timber post and panel fence adjacent to a highway used by vehicular traffic that is over 1 metre in height.

(a)            Remedy for Breach

Reduce the heights of the posts and 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.

2.            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 erection of a shed.

(a)            Remedy for Breach

Remove the shed from the land.

(b)            Periods for Compliance

The periods for compliance for recommendations 1 & 2 are three months.

(c)            Reason

(i)                 The fence and shed are by virtue of their heights, design and position on a corner plot will be out of character with the surrounding area which is predominantly open in nature and will have a detrimental impact on the street scene, and is therefore contrary to policy GN5, which seeks to ensure that the design of the proposed development are well related to their surroundings.

(ii)        It is considered that the fence and shed by reason of their heights, siting and design would harm the visual amenity of the Green Belt and is therefore contrary to Policy DC1 of the adopted Chorley Borough Local Plan Review.

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 planning appeal that had been withdrawn and two planning applications that had been approved by the planning inspectorate.

RESOLVED – That the report be noted.

Table (enclosed)

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 26 February and 20 March 2007.

RESOLVED – That the schedule be noted.