Agenda item

Application No : 06/00218/COU

Proposal :                  Change of use from 10 bed residential dwelling to a special needs day school

Location :                  Roselyn Wigan Road Clayton-Le-Woods Leyland PR25 5SD

Decision:                   

It was proposed by Councillor Brownlee, seconded by Councillor Bedford to refuse planning permission on the grounds of loss of amenity to the local residents and the impact on the highways. Upon being put to the vote the motion was lost (7:13)

It was proposed by Councillor Parr, seconded by Councillor A Gee and subsequently RESOLVED (13:7) to grant full planning permission subject to the following conditions:

1. The premises shall be used as a special need day school only and for no other purpose (including any other purpose in Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order).

Reason: To protect the amenities of local residents and in accordance with Policy No. DC1 of the Adopted Chorley Borough Local Plan Review.

2. No development shall take place until a scheme of landscaping including the site boundaries has been submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail, which may be 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 and indicate the types and numbers of trees and shrubs to be planted within the site and along its boundaries, their distribution on site, those areas to be seeded, paved or hard landscaped; details of the play area surfacing 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.

3. 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 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.

4. No development hereby permitted shall be undertaken until full details of how the car parking and vehicular manoeuvring areas will be surfaced has been submitted to and approved in writing by the Local Planning Authority.

Reason:  To ensure adequate on site provision of car parking and manoeuvring areas and in accordance with Policy No. TR8 of the Adopted Chorley Borough Local Plan Review as superseded by Policy 7 of the JLSP 2001 – 2016.

5. Prior to the use of the premises hereby permitted being first commenced, the car park and vehicle manoeuvring areas shall be surfaced, drained and marked out all in accordance with the approved details. The car park and vehicle manoeuvring areasshall not thereafter be used for any purpose other than the parking of and manoeuvring of vehicles.

Reason:  To ensure adequate on site provision of car parking and manoeuvring areas and in accordance with Policy No. TR8 of the Adopted Chorley Borough Local Plan Review as superseded by Policy 7 of the JLSP 2001 – 2016.

6. 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.

7. Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences and walls to be erected to the site boundaries (notwithstanding any such detail shown on the approved plans) shall have been submitted to and approved in writing by the Local Planning Authority.  The property shall not be used pursuant to this permission before all walls and fences have been erected in accordance with the approved details.  Fences and walls shall thereafter be retained in accordance with the approved details at all times.

Reason:  To ensure a visually satisfactory form of development, to protect the amenities of occupiers of nearby property and in accordance with Policy No. GN5 of the Adopted Chorley Borough Local Plan Review.

8. The existing access onto the A49 shall be physically and permanently closed and the existing verge/footway and kerbing of the closed vehicular crossing shall be reinstated in accordance with the Lancashire County Council Specification for Construction of Estate Roads prior to the property being used pursuant to the permission hereby granted.

Reason: To limit the number of access points to, and to maintain the proper construction of the highway and in accordance with Policy TR4 of the Adopted Chorley Borough Local Plan Review.

9. No more than 40 pupils shall be enrolled and taught at the special needs day school hereby permitted at any one time.

Reason: To define the permission and in accordance with Policy Nos. DC1, TR4 and TR8 (superseded by Policy 7 of the Joint Lancashire Structure Plan 2001 – 2016) of the Adopted Chorley Borough Local Plan Review.

10. The tree felling pursuant to this permission shall only take place between the months of August to February inclusive.

Reason: to protect breeding birds and in accordance with Policy No. EP4 of the Adopted Chorley Borough Local Plan Review.

11. The development hereby permitted shall be carried out in accordance with the amended plan(s), received on 19^th April 2006.

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

12. No development shall take place until a full and detailed scheme of lighting to the car parking area has been submitted to and approved in writing by the Local Planning Authority. The scheme shall comprise of low impact lighting taking account of the proximity of the car park to the adjacent residential property and shall include full luminance details and exact specifications of the lighting to be utilised. The scheme of lighting shall only be installed in accordance with the approved details.

Reasons: To protect the amenities of adjacent residential properties and in accordance with Policy No.EP21A of the Adopted Chorley Borough Local Plan Review.