Minutes:
(Councillor Malpas declared an interest in the following application and left the meeting during the discussion and voting on the proposal).
Application No: 05/00731/FULMAJ
Proposal: Erection of Non-food retail warehouse development and associated works following demolition of existing industrial unit.
Location: Former Bentwood Bros Ltd, Water Street, Chorley
Decision:
It was proposed by Councillor Edgerley, seconded by Councillor Brownlee to grant planning permission subject to the amended conditions and to allow the red band design.
An amendment to the motion was then proposed by Councillor Heaton, seconded by Councillor D Dickinson not to allow the red band design but to accept the amended conditions. Upon being put to the vote the amendment was lost (4:20).
Consequently the original motion was then put to the vote and it was RESOLVED (19:0) to grant planning permission subject to the following conditions:
1. The proposed development must be begun not later than five years from the date of this permission.
Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.
2. 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 10 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.
3. The development hereby permitted shall not commence until samples of all external facing materials to the proposed building (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 of the Adopted Chorley Borough Local Plan Review.
4. The development hereby permitted shall not commence until full details of the colour, form and texture of all hard ground- surfacing materials (notwithstanding any such detail shown on previously submitted plans and specification) have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in conformity with the approved details.
Reason: To ensure a satisfactory form of development in the interest of the visual amenity of the area and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.
5. Notwithstanding any detailing identified upon plan no. 5042 ELAV Rev.A, a composite scheme for the external illumination of the site, including that for the building, car park areas and the servicing area shall be submitted for the approval of the Local Planning Authority prior to the commencement of any new development on the site. Only the approved scheme shall subsequently be implemented.
Reason: In the interests of visual amenities in the locality and to accord with the provisions of policy EP21A of the Adopted Chorley Borough Local Plan Review.
6. 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. GN5 of the Adopted Chorley Borough Local Plan Review.
7. 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 of the Adopted Chorley Borough Local Plan Review.
8. The development hereby approved shall only be for the main retailing activity of the sale bulky goods, normally defined as DIY and garden products, furniture, carpets and floor coverings, electrical goods, and motor accessories and products, unless agreed otherwise in writing by the Local Planning Authority.
Reason: General retailing activity would be considered inappropriate in this location outside Chorley town centre and if allowed would have an adverse impact upon the vitality and viability of that town centre. It would also be contrary to policy SP1 of the Adopted Chorley Borough Local Plan Review.
9. The retail floor area of either of the two stores hereby approved shall not be developed at less than 464 sq.m. gross.
Reason: The floor size ceiling of 464 sq.m. restricts the development of smaller units which would be more appropriately located within a town centre. The development of floor areas of 464 sq.m. and above accepts the necessity to develop larger stores for the sale of bulky goods and that is the reason foraccepting the size of development in this location. Also to accord with the provisions of policy SP1 of the Adopted ChorleyBorough Local Plan Review.
10. Once developed there shall be no subsequent sub-division of the two retail stores hereby approved into smaller retail units.
Reason: There have been identified special circumstances that there is a need to develop this site for the sale of bulky goods and that there is a need for the size of store identified upon the approved plans. Smaller retail stores could be catered for within Chorley Town Centre and there is no necessity for them within this development. The approved units should be retained for the sale of bulky goods. Also to accord with policy SP1 of the Adopted Chorley Borough Local Plan Review.
11. There shall be no creation of a mezzanine level in either store without the prior written approval of the Local Planning Authority.
Reason: Any increase in the approved retail floor space would require to be assessed against the need for additional floor space in this location as well as car parking provision and highway safety standards. Also to accord with the provisions of policy SP1 of the Adopted Chorley Borough Local Plan Review.
12. That the existing palisade fencing to the rear east boundary of the application site shall be painted black concurrently with the development works on site, unless otherwise agreed in writing with Local Planning Authority.
Reason: In the interests of visual amenity in the locality and to accord with the provisions of policy GN5 of the Adopted Chorley Borough Local Plan Review.
13. The approved development shall be undertaken in accordance with the following approved plans unless agreed otherwise in writing with the Local Planning Authority:
Plan Ref. Received On: Title:
5042- PLX04A 19/12/05 Landscaping & Site Plan
5042- PO1A 19/12/05 Ground floor plan
5042-PO2A 19/12/05 Roof Plan
5042-ELAV01H 17/01/06 Elevations
5042-SO1A 19/12/05 Typical Wall Sections
5042-SO2A 19/12/05 Proposed Sections
15/12/05 Site Location Plan
Reason: To define the permission and in the interests of the proper development of the site.
14. A scheme for the remediation of the existing perimeter wall to the Harpers Lane frontage shall be submitted for the approval of the Local Planning Authority and thereafter implemented as part of the building works on site. The scheme shall include the re-building of the wall and its capping, as necessary, together with a programme for cleaning the wall.
Reason: In the interests of visual amenity in the locality and to accord with the provisions of policy GN5 of the Adopted Chorley Borough Local Plan Review.