Agenda, decisions and minutes

RESOLVED – That the minutes of the Development Control Committee held on 8 November 2016 be approved as a correct record for signature by the Chair.

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

There were no declarations of interest declared for any items listed on the agenda.

The Director (Customer and Digital) has nine items for planning applications to be determined (enclosed).

Plans to be considered will be displayed at the meeting or may be viewed in advance by following the links to the current planning applications on our website. 

https://planning.chorley.gov.uk/online-applications/search.do?action=simple&searchType=Application   

The Director of Customer and Digital submitted eleven reports for planning permission consideration.

In considering the applications, members of the Development Control Committee took into account the agenda reports, the addendum and the verbal representations and submissions provided by officers and individuals.

Full planning permission approved, subject to condtions.

RESOLVED (8:4:1) – That full planning permission be approved, subject to conditions outlined in the report.

Councillor Whittaker proposed that the application be refused. The motion was seconded by Councillor Beaver. A vote was taken and the vote was lost (4:7:1).

Planning permission refused.

Registered speakers: Sue Shannon (objector), Aidy Riggott (Parish Councillor), and Danny Gee (Ward Councillor)

RESOLVED (unanimously) – That the application be refused, for the following reasons.

Reasons: The proposed development is contrary to Policy BNE3 of the Chorley Local Plan 2012-2026 that allocates the site as Safeguarded Land and paragraph 85 of the National Planning Policy Framework that provides for the allocation of land between the urban area and the greenbelt, to meet longer term development needs stretching well beyond the plan period. Paragraph 85 also makes clear that Planning Permission for permanent development of safeguarded land should only be granted following a Local Plan Review. There are no material considerations that would indicate that permission should be granted. In particular the Council has a five year supply of deliverable housing sites and neither paragraph 49 or 14 of the Framework are engaged.

Insufficient information has been provided with regard to the design of the proposed pedestrian improvements/traffic calming on pear Tree Lane for pedestrian linkage to the wider built environment (Buckshaw Village/Chorley Town centre). As submitted, the applicant’s Transport Assessment has not demonstrated the site can provide safe and suitable pedestrian access or connectivity to integrate with the existing built environment, or measures to encourage sustainable public transport contrary to ;  hence the development is not in line with a number of key DP policies ST1 and BNE1 and paragraphs 7 and 32 of the NPPF including the three dimensions of sustainable development.

The proposed development is contrary to Policy 14 of the Central Lancashire Core Strategy and Paragraph 14 of the National Planning Policy Framework in that the proposed development will not provide for the required education contribution to provide accessible local services that reflect the community’s needs that result directly from the development.

This item was withdrawn from the agenda.

This application was withdrawn from the agenda.

Planning permission approved, subject to conditions and a Section 111 agreement.

RESOLVED (unanimously) – That planning permission be approved, subject to conditions outlined in the report and addendum and a Section 111 agreement.

Decision deferred to allow Members of the Development Control Committee the opportunity to visit the site of the proposals.

RESOLVED (unanimously) – That the decision be deferred to allow Members of the Development Control Committee the opportunity to visit the site of the proposals with an invitation to the Lancashire County Council Highways Officer to attend.

Full planning permission approved, subject to conditions.

RESOLVED (unanimously) – That full planning permission be approved, subject to conditions outlined in the addendum.

Planning permission refused.

RESOLVED (10:3:0) – That planning permission be refused on the grounds of inappropriate increase in size within the green belt; the detailed wording for the reasoning be delegated to the Director of Customer and Digital in consultation with the Chair and Vice-Chair.

Request accepted and the terms of the Section 106 Obligation be amended.

RESOLVED (7:6:0) – That the request be accepted and the terms of the Section 106 Obligation be amended.

Decision deferred to allow Members of the Development Control Committee the opportunity to visit the site of the proposals.

Registered speaker: Kevin Lynch (applicant)

RESOLVED (7:4:2) – That the decision be deferred to allow Members of the Development Control Committee the opportunity to visit the site of the proposals.

Decision deferred to allow Members of the Development Control Committee the opportunity to visit the site of the proposals and allow officers to assess a legal opinion disclosed by the applicant further.

Registered speakers: Dennis Edgerley (objector) and Lorraine Stones (applicant)

RESOLVED (10:3:0) – That the decision be deferred to allow Members of the Development Control Committee the opportunity to visit the site of the proposals with an invitation to the LCC Highways Officer to attend and allow officers to assess further a legal opinion disclosed by the applicant.

Decision deferred to allow members of the Development Control Committee the opportunity to visit the site of the proposals and allow officers to assess a legal opinion disclosed by the applicant further.

Registered speakers: Dennis Edgerley (objector) and Lorraine Stones (applicant)

RESOLVED (10:3:0) – That the decision be deferred to allow Members of the Development Control Committee the opportunity to visit the site of the proposals  with an invitation to the LCC Highways Officer to attend and allow officers to assess further a legal opinion disclosed by the applicant.

That the Order be confirmed without modification.

Members of the Development Control Committee considered a report of the Director of Policy and Governance which sought confirmation of Tree Preservation Order No. 3 (Mawdesley) 2016 without modification.

No objections had been received in response to the making of the Order.

The report was noted.

The Director of Customer and Digital submitted a report for information on planning appeals received from Lancashire County Council and other bodies between 15 July 2016 and 25 November 2016.

Two appeals had been lodged with the Planning Inspector against planning permission, one appeal against the grant of prior approval, one appeal against advertising consent and one appeal had been lodged against non-determination.

One appeal was deemed not valid, one appeal was dismissed and three appeals were allowed.

There were no enforcement appeals lodged, two enforcement appeals were upheld and one enforcement appeal was withdrawn.

The Planning Services Manager provided Members with an update on Five Acres, Dawbers Lane. Full planning permission for redevelopment had been granted previously subject to conditions regarding the implementation of a time limit on the removal of the existing car park and a Section 106 agreement. Members were informed that the decision had now been issued and the conditions activated meaning use of the car park would cease in three months.

In addition, the Planning Services Manager referred to the Hillview Stables application (16/00368/FUL) refused by committee earlier in the meeting. Authority was sought to prepare a report considering what enforcement action could be taken. The authority to issue an enforcement notice would be delegated to the Director of Customer and Digital in consultation with Head of Legal, Democratic and HR Services and Chair and Vice-Chair of the Development Control Committee.

Members agreed approval.