Development Control Committee

Agenda and Reports

For consideration on

Tuesday, 8th February 2011

In the Council Chamber, Town Hall, Chorley

At 6.30 pm

PROCEDURE FOR PUBLIC SPEAKING AT MEETINGS OF THE DEVELOPMENT CONTROL COMMITTEE

• Persons must give notice of their wish to address the Committee, to the Democratic Services Section by no later than midday, two working days before the day of the meeting. (12 Noon on the Friday prior to the meeting) • One person to be allowed to address the Committee in favour of the officers recommendations on respective planning applications and one person to be allowed to speak against the officer’s recommendations. • In the event of several people wishing to speak either in favour or against the recommendation, the respective group/s will be requested by the Chair of the Committee to select one spokesperson to address the Committee. • If a person wishes to speak either in favour or against an application without anyone wishing to present an opposing argument that person will be allowed to address the Committee. • Each person/group addressing the Committee will be allowed a maximum of three minutes to speak. • The Committees debate and consideration of the planning applications awaiting decision will only commence after all of the public addresses.

ORDER OF SPEAKING AT THE MEETINGS

1. The Director Partnership, Planning and Policy or her representative will describe the proposed development and recommend a decision to the Committee. A presentation on the proposal may also be made. 2. An objector/supporter will be asked to speak, normally for a maximum of three minutes. There will be no second chance to address Committee. 3. The applicant or her/his representative will be invited to respond, for a maximum of three minutes. As with the objector/supporter, there will be no second chance to address Committee. 4. A local Councillor who is not a member of the Committee may speak on the proposed development for a maximum of five minutes. 5. The Development Control Committee, sometimes with further advice from Officers, will then discuss and come to a decision on the application. There will be no questioning of speakers by Councillors or Officers, and no questioning of Councillors or Offices by speakers.

Town Hall Market Street Chorley Lancashire PR7 1DP

28 January 2011

Dear Councillor

DEVELOPMENT CONTROL COMMITTEE - TUESDAY, 8TH FEBRUARY 2011

You are invited to attend a meeting of the Development Control Committee is to be held in the Council Chamber, Town Hall, Chorley on Tuesday, 8th February 2011 at 6.30 pm .

A G E N D A

1. Apologies for absence

2. Minutes of meeting Tuesday, 11 January 2011 of Development Control Committee (Pages 1 - 10)

To confirm the minutes of the Development Control Committee meeting held on 11 January 2011 (enclosed).

3. Declarations of Any Interests

Members are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda. If the interest arises only as result of your membership of another public body or one to which you have been appointed by the Council then you only need to declare it if you intend to speak.

If the personal interest is a prejudicial 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.

4. Planning applications to be determined (Pages 11 - 12)

A table of planning applications to be determined is enclosed.

Please note that copies of the location and layout plans are in a separate pack (where applicable) that has come with this agenda. Plans to be considered will be displayed at the meeting or may be viewed in advance by following the links to the current planning application on our website

http://planning.chorley.gov.uk/PublicAccess/TDC/tdc_home.aspx

(a) 09/01021/FULMAJ - Bank Hall, Bank Hall Drive, Bretherton (Pages 13 - 20)

Report of Director of Partnerships, Planning and Policy (enclosed).

(b) 09/01022/LBC - Bank Hall, Bank Hall Drive, Bretherton (Pages 21 - 28)

Report of Director of Partnerships, Planning and Policy (enclosed).

Report of Director of Partnerships, Planning and Policy (to follow).

(d) 10/00771/FUL - Land immediately East of 43-51 of Acresfield, Adlington, Lancashire (Pages 29 - 38)

Report of Director of Partnerships, Planning and Policy (enclosed).

(e) 10/00946/REMMAJ - Vertex Training and Conference Centre Little Carr Lane, Chorley, PR7 3JT (Pages 39 - 58)

Report of Director of Partnerships, Planning and Policy (enclosed).

(f) 10/01067/FULMAJ - Unicorn Fairs South Hall, Park Hall, Park Hall Road, Charnock Richard (Pages 59 - 62)

Report of Director Partnerships, Planning and Policy (enclosed).

(g) 10/01095/FUL - Sultan's Palace Indian Restaurant, Bolton Road, Anderton, Bolton (Pages 63 - 74)

Report of Director Partnerships, Planning and Policy (enclosed).

(h) 10/01012/FULMAJ - Parcel J and L Buckshaw Avenue, Buckshaw Village (Pages 75 - 78)

Reoprt of Director Partnerships, Planning and Policy (enclosed).

5. Enforcement Report (Pages 79 - 84)

Report of Director Partnerships, Planning and Policy (enclosed).

6. Planning Appeals Notification Report (Pages 85 - 88)

Report of Director of Partnerships, Planning and Policy (enclosed)

7. Delegated decisions determined by the Director of Partnerships, Planning and Policy in consultation with the Chair and Vice Chair of the Committee

(a) 11 January 2011 (schedule enclosed) (Pages 89 - 90)

(b) 26 January 2011 (schedule enclosed) (Pages 91 - 92)

8. Planning applications determined by the Director of Partnerships, Planning and Policy (Pages 93 - 100)

Report of Director Partnerships, Planning and Policy (enclosed).

9. Any other item(s) that the Chair decides is/are urgent

Yours sincerely

Donna Hall CBE Chief Executive

Cathryn.Barrett Democratic and Member Services Officer E-mail: [email protected] Tel: (01257) 515123 Fax: (01257) 515150

Distribution

1. Agenda and reports to all members of the Development Control Committee, (Councillor Harold Heaton (Chair), Councillor Geoffrey Russell (Vice-Chair) and Councillors Henry Caunce, Alan Cullens, David Dickinson, Dennis Edgerley, Christopher France, Roy Lees, June Molyneaux, Simon Moulton, Mick Muncaster and Ralph Snape) for attendance.

2. Agenda and reports to Lesley-Ann Fenton (Director of Partnerships, Planning and Policy), Jennifer Moore (Head of Planning), Chris Moister (Head of Governance), Paul Whittingham (Development Control Team Leader), Cathryn Barrett (Democratic and Member Services Officer) and Alex Jackson (Senior Lawyer) for attendance.

This information can be made available to you in larger print or on audio tape, or translated into your own language. Please telephone 01257 515118 to access this service.

01257 515822

01257 515823

This page is intentionally left blank Agenda Page 1 Agenda Item 2

Development Control Committee

Tuesday, 11 January 2011

Present: Councillor Harold Heaton (Chair), Councillor Geoffrey Russell (Vice-Chair), Councillors Henry Caunce, Alan Cullens, David Dickinson, Dennis Edgerley, Christopher France, Roy Lees, June Molyneaux, Simon Moulton, Mick Muncaster and Ralph Snape

Officers : Jennifer Moore (Head of Planning), Paul Whittingham (Development Control Team Leader), Alex Jackson (Senior Lawyer), Matthew Banks (Planning Assistant) and Cathryn Barrett (Democratic and Member Services Officer)

11.DC.01 APOLOGIES FOR ABSENCE

There were no apologies for absence.

11.DC.02 MINUTES

RESOLVED – That the minutes of the Development Control Committee meeting held on 14 December 2010 be confirmed as a correct record and signed by the Chair.

11.DC.03 DECLARATIONS OF ANY INTERESTS

There were no declarations of interest.

11.DC.04 PLANNING APPLICATIONS TO BE DETERMINED

The Director of Partnerships, Planning and Policy submitted reports on three applications for planning permissions to be determined by the Committee.

RESOLVED – That the planning applications, as submitted, be determined in accordance with the Committee’s decisions as recorded below:

(a) 10/00735/OUTMAJ - Land 110m West of Coppull Enterprise Centre, Mill Lane, Coppull, Chorley

Application No: 10/00735/OUTMAJ Proposal: Outline planning application for the erection of a residential development with associated access arrangements: Location: Land 110m West of Coppull Enterprise Centre, Mill Lane, Copull, Chorley Decision:

It was proposed by Councillor Ralph Snape, seconded by Councillor Mike Muncaster and subsequently unanimously RESOLVED – To defer the decision to the next meeting on 8 February 2011 to allow the applicant time to submit a Noise Assessment.

DEVELOPMENT CONTROL COMMITTEE 1 Tuesday, 11 January 2011 Agenda Page 2 Agenda Item 2

(b) 10/00812/FULMAJ - White Bear Marina, Park Road, Adlington, Chorley

Application No: 10/00812/FULMAJ Proposal: Change of use of existing leisure moorings to 48 residential moorings Location: White Bear Marina, Park Road, Adlington, Chorley Decision:

It was proposed by Councillor David Dickinson, seconded by Councillor Henry Caunce and subsequently unanimously RESOLVED – 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 51 of the Planning and Compulsory Purchase Act 2004 .

2. This consent relates to the following plans: Plan Ref: Received On: Title: WBR/003 Rev C 10 December 2010 Proposed Site Plan Reason: To define the consent and to ensure all works are carried out in a satisfactory manner.

3. The permanent residential moorings hereby granted shall only be occupied by canal boats up to 60 feet in length and by no other vessels. Reason: The permission was granted having regard to the special circumstances advanced in support of the application, however larger family boats would be inappropriate in this area without appropriate provision for contributions towards play space provision and the requirements of Policy EP21 of the Adopted Chorley Borough Local Plan Review.

4. Notwithstanding the information shown on the approved drawings, full details of a design for the screening of the existing external bin store shall be submitted to and approved in writing by the Local Planning Authority. The agreed design shall then be implemented on site prior to the commencement of the use hereby approved and shall remain thereafter. Reason: In the interest of residential amenity of the future occupiers of the site and in accordance with Policy No HS4 of the Adopted Chorley Local Plan . 5. Before the development hereby permitted is first occupied, provision for cycle parking provision, in accordance with details to be first agreed in writing with the Local Planning Authority, shall have been made. Reason : To ensure adequate on site provision for cycle parking and in accordance with Policy No. TR18 of the Adopted Chorley Borough Local Plan Review.

6. 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

DEVELOPMENT CONTROL COMMITTEE 2 Tuesday, 11 January 2011 Agenda Page 3 Agenda Item 2

the types and numbers of trees and shrubs to be planted, their distribution on site, those areas to be seeded, paved or hard landscaped; 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.

7. 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.

8. Before any development hereby permitted is first commenced, full details of the surfacing, drainage and marking out of all car park and vehicle manoeuvring areas shall have been submitted to and approved in writing by the Local Planning Authority. The car park and vehicle manoeuvring areas shall be provided in accordance with the approved details prior to first occupation of the premises as hereby permitted. The car park and vehicle manoeuvring areas shall 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.

9. Prior to the commencement of development a habitat creation/enhancement and management plan shall be submitted to and approved in writing by the Local Planning Authority. The approved plan shall be implemented in full. Reason: To ensure the protection of wildlife habitats and in accordance with guidance contained in PPS9.

10. Within 6 months of the date of this permission, or other timeframe to be agreed, a programme for the establishment of the berths and a scheme identifying the specific location of those berths to be used as permanent moorings shall have been submitted to and approved in writing by the Local Planning Authority. Reason: To define the consent and ensure all works are carried out in a satisfactory manner.

Application No: 10/001015/FUL Proposal: Application for plot substitution of plots R319, R320, R321, R322 and R323 previously approved as part of planning application 07/01228/REMMAJ Location: Formerly Multipart Distribution Limited, Pilling Lane, Chorley

DEVELOPMENT CONTROL COMMITTEE 3 Tuesday, 11 January 2011 Agenda Page 4 Agenda Item 2

Decision:

It was proposed by Councillor Ralph Snape, seconded by Councillor Christopher France and subsequently unanimously RESOLVED – To grant full planning permission subject to a Section 106 Agreement, the following conditions and further consideration of any representations received. Consideration of any additional issues raised to be delegated to the Chair of Development Control Committee in consultation with the Head of Planning:

1. The proposed development must be begun not later than two years from the date of this permission. Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The approved plans are: Plan Ref. Received On: Title: 4081-11-02-001 Rev S 16 November 2010 Planning Site Layout 4081/ENG010-3 Rev A 8 December 2010 External Works Layout SHT 3 Lex-11-02-003 Rev E 8 December 2010 Boundary Treatment Plan 4081-11-001-001 Rev D 16 November 2010 Material Schedule C-SD0910 16 November 2010 Gate within Close Boarded Fence, 1.8m high C-SD0806 16 November 2010 Free standing brick walls, 215mm wide C-SD0900 16 November 2010 Post and Rail Fencing C-SD0906 16 November 2010 Close Boarded Fencing, 1.8m High, Standard Effect 4081-11-02-003 Rev E 16 November 2010 Location Plan C-SG01-1-001 Rev B 16 November 2010 Single Garage Type 1 C-DG01-1-001 Rev B 16 November 2010 Double Garage C3H108 16 November 2010 The Kenilworth

Plan Ref. Received On: Title: C4H134 16 November 2010 The York C4H141 16 November 2010 The Canterbury C4H141 16 November 2010 The Canterbury Floor Plans Reason: To define the permission and in the interests of the proper development of the site.

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. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

DEVELOPMENT CONTROL COMMITTEE 4 Tuesday, 11 January 2011 Agenda Page 5 Agenda Item 2

4. The external facing materials detailed on the approved plans shall be used and no others substituted. (Namely Ibstock New Sandhurst Stock bricks and Redland Duoplain roof tiles colour rustic brown) Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 and 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 to be seeded, paved or hard landscaped; 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.

6. 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.

7. 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 and HS4 of the Adopted Chorley Borough Local Plan Review.

8. Surface water must drain separate from the foul and no surface water will be permitted to discharge to the foul sewerage system. Reason: To secure proper drainage and in accordance with Policy Nos. EP17 of the Adopted Chorley Borough Local Plan Review.

9. Prior to the commencement of the development full details of the Management Company to deal with the future management and maintenance of the site shall be submitted to and approved in writing by the Local Planning Authority. The site shall thereafter be managed by the approved Management Company. Reason: To ensure the satisfactory management of the unadopted highways and public open space and in accordance with Policies TR4 and HS21 of the Adopted Chorley Borough Local Plan Review.

DEVELOPMENT CONTROL COMMITTEE 5 Tuesday, 11 January 2011 Agenda Page 6 Agenda Item 2

10. No dwelling hereby permitted shall be occupied until that part of the service road which provides access to it from the public highway has been constructed in accordance with the approved plans. Reason: In the interests of highway safety and in accordance with Policy No.TR4 of the Adopted Chorley Borough Local Plan Review.

11. The garages hereby permitted shall be kept freely available for the parking of cars, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995. Reason: In order to safeguard the residential amenity and character of the area and in accordance with Policy HS4 of the Adopted Chorley Borough Local Plan Review.

12. Prior to the commencement of the development full details of the proposed residents consultation procedure shall be submitted to and approved in writing by the Local Planning Authority. The details shall include information on how the residents will be kept informed on the progress of the development prior to commencement and during the development period. Additionally details of the main contact / site manager during the development shall be provided to the Local Planning Authority and the residents prior to the commencement of the development. The residents consultation plan shall be implemented and completed in accordance with the approved procedure. Reason: To ensure that the existing residents are fully aware of the progress of the development.

13. The development hereby permitted shall be carried out in accordance with the measures set out within the action plan of the Residential Travel Plan dated April 2009 (submitted under application 09/00374/DIS). Reason: To reduce the number of car borne trips and to encourage the use of public transport and to accord with Policies TR1 and TR4 of the Adopted Chorley Borough Local Plan Review.

14. 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 plans) 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.

11.DC.05 OBJECTION TO TREE PRESERVATION ORDER NO, 6 (WHITTLE-LE- WOODS) 2010

The Director of Partnerships, Planning and Policy submitted a report seeking the Committee’s instructions on whether to confirm the Tree Preservation Order (TPO) No.6 (Whittle-le-Woods) 2010 with or without modifications in light of an objection being received.

DEVELOPMENT CONTROL COMMITTEE 6 Tuesday, 11 January 2011 Agenda Page 7 Agenda Item 2

The trees in question stand within the rear garden of a property known as Greenways which was vacant following the death of the owner. Given the potential threat to trees which contributed to the visual amenity of the area, it was considered expedient to make a tree preservation order.

One letter of objection had been received from the solicitors acting on behalf of the trustees of the property. The objection was made on the grounds that the protection of trees was not in the public interest because the surrounding land was in private control therefore the trees cannot be seen from land to which the public have access. In addition, that the trees do not have amenity value due to screening from surrounding trees.

Whilst the access road leading to the property was under private control there was a golf course to the rear of the property from which the trees could be seen. Although it was a private golf club, members and their guests are also members of the public and this would also extend to the occupiers of the neighbouring local residential properties. Longer distance views of the trees within the landscape could also be seen from the Buckshaw development.

Whilst there was significant tree cover in the area, and to a degree the trees were screened by others, their contribution added to the amenity of the woodland area.

It was proposed by Councillor Dennis Edgerley, seconded by Councillor June Molyneaux, and subsequently unanimously RESOLVED - that the Tree Preservation Order No. 6 (Whittle-le-Woods) 2010 be confirmed as there was evidence that the trees may be under threat of removal due to tree felling in the local area which would result in trees which have an amenity to value being lost.

11.DC.06 OBJECTION TO TREE PRESERVATION ORDER NO 10 (ABBEY VILLAGE) 2010

The Director of Partnerships, Planning and Policy submitted a report seeking the Committee’s instructions on whether to confirm the Tree Preservation Order (TPO) No.10 (Abbey Village) 2010 with or without modifications in light of an objection being received.

The tree in question, a sycamore tree, stands in the side garden of 127 Bolton Road, Abbey Village within the Abbey Village Conservation Area. An application was received to fell the tree together with an ash tree which required consent due to the trees being within a conservation area. It was considered expedient to protect the sycamore tree but to allow the removal of the ash tree and an order on that basis was made.

A letter of objection had been received from the owner of the property citing the following reasons for the objection as follows: • health and safety risk to users of the garden and public footpath • could cause damage to property due to close proximity • obscures light to property • could be unsafe due to splitting of trunk

In response the Council’s Arboricultural Officer advised the following:

• that the trunk of the ash was within a metre of the gable end of the public house next door and so was not considered worthy of retention due to the

DEVELOPMENT CONTROL COMMITTEE 7 Tuesday, 11 January 2011 Agenda Page 8 Agenda Item 2

inherent problems raised by this. The sycamore was more central between the properties and although the canopy was close to the property which could affect light levels, which was easily remedied with some minor pruning back.

• The sycamore was a mature specimen and was very prominent from the highway, giving it a correspondingly high amenity value. It had been pruned in the past and advice had been given that the TPO would not preclude any reasonable pruning works.

• The tree was mature but not senescent and could have many good years ahead of it. There was no sign of any major problems, no cavities or fungal fruiting bodies and the root plate showed no signs of movement.

• In regards to the reference that was made to splitting of the trunk rendering it unsafe, the Arboricultural Officer advised that he could see no evidence of this on his visit, although there was an inclusion of the two main stems that could be mistaken for a split.

In his conclusion the Arboricultural Officer found no reason for the removal of the tree.

It was proposed by Councillor Dennis Edgerley, seconded by Councillor Christopher France, and subsequently unanimously RESOLVED - that the Tree Preservation Order No. 10 (Abbey Village) 2010 be confirmed as the intention was fell a healthy mature tree in a prominent position within the Abbey Village Conservation Area which had significant amenity value.

11.DC.07 DELEGATED DECISIONS DETERMINED BY THE DIRECTOR OF PARTNERSHIPS, PLANNING AND POLICY IN CONSULTATION WITH THE CHAIR AND VICE CHAIR OF THE COMMITTEE

The Committee received for information schedules listing ten planning application for Category ‘B’ development proposals and one listed building consent which had been determined by the Chair and Vice Chair of the Committee at meetings held on 14 December 2010 and 22 December 2010.

RESOVLED – That the report be noted.

11.DC.08 PLANNING APPLICATIONS DETERMINED BY THE DIRECTOR OF PARTNERSHIPS, PLANNING AND POLICY UNDER DELEGATED POWERS

The Committee received, for information, a schedule listing planning applications determined by the Director of Partnerships, Planning and Policy under delegated powers between 2 December 2010 and 24 December 2010.

The Committee were informed of an amendment to planning application 10/00834/FULMAJ in that the planning application had been withdrawn by the applicant.

RESOLVED – That the report be noted.

DEVELOPMENT CONTROL COMMITTEE 8 Tuesday, 11 January 2011 Agenda Page 9 Agenda Item 2

11.DC.09 ANY OTHER ITEM(S) THAT THE CHAIR DECIDES IS/ARE URGENT

The Chair wished Members of the Committee a Happy New Year.

Chair

DEVELOPMENT CONTROL COMMITTEE 9 Tuesday, 11 January 2011 Agenda Page 10

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Report

Report of Meeting Date

Director of Partnerships, Development Control Planning and Policy 8 February 2011 Committee

Planning Applications Awaiting Decision

Item No. Application No. Recommendation Location Proposal

4a 09/01021/FULMAJ Permit (Subject to Bank Hall Bank Shell repair and refurbishment of Legal Agreement) Hall Drive the grade 2* listed building - Bretherton Bank Hall, into 12 residential Lancashire dwellings and associated development comprising of 23 residential dwellings on the former orchard site.

4b 09/01022/LBC Grant Listed Building Bank Hall Bank Listed Building Consent for the Consent Hall Drive shell repair and refurbishment of Bretherton Grade 2 * Listed Bank Hall Lancashire building in to 12 residential dwellings and associated enabling development comprising 23 residential dwellings on the former orchard site.

4c 10/00176/OUTMAJ Flat Iron Car Class A1 retail development with Park Union ancillary works and associated Street Chorley infrastructure - in Outline Lancashire

4d 10/00771/FUL Permit (Subject to Land Demolition of existing garages Legal Agreement) Immediately and erection of 5No 2 Bed 3 East Of 43 - 51 Person Bungalows. Acresfield Adlington Lancashire

4e 10/00946/REMMAJ Approve Reserved Vertex Training Reserved Matters application, Matters And Conference pursuant to Section 73 planning Centre Little permission 10/00888/OUTMAJ, Carr Lane proposing full details for the Chorley PR7 siting, layout, appearance and 3JT landscaping for a residential development comprising 135 dwellings at Duxbury Park, Myles Standish Way, Chorley Agenda Page 12 Agenda Item 4

Item No. Application No. Recommendation Location Proposal

4f 10/01067/FULMAJ Permit Full Planning Unicorn Fairs Change of use from of former Permission South Hall Park auction house (part of building) Hall Park Hall to a mixed use comprising Road Charnock warehouse/recycling space, Richard retail space and office/ancillary space for Help the Homeless.

4g 10/01095/FUL Permit (Subject to Sultan's Palace Demolition of the former Legal Agreement) Indian pub/restaurant and the erection Restaurant of 4 detached dwellings with Bolton Road associated works Anderton Bolton BL6 7RW 4h 10/01012/FULMAJ Permit Full Planning Parcel J And L Landscape proposals to two Permission Buckshaw area's of green corridor and Avenue communal space at land Buckshaw adjacent to parcels J and L Village Lancashire

Agenda Page 13 Agenda Item 4a Application No: 09/01021/FULMAJ

Case Officer: Mr Paul Whittingham

Ward: Lostock

Proposal: Shell repair and refurbishment of the grade 2* listed building - Bank Hall, into 12 residential dwellings and associated development comprising of 23 residential dwellings on the former orchard site.

Location: Bank Hall Bank Hall Drive Bretherton Lancashire

Applicant: HTNW And Lilford 2005 Ltd

Consultation expiry: 4 January 2011

Application expiry: 16 June 2010

Proposal 1. This report covers two applications. The first is for planning permission for the shell repair and refurbishment of the grade II* listed building, Bank Hall, into 12 residential dwellings and associated development comprising of 23 residential dwellings in the grounds on the former orchard site (09/01021/FULMAJ). The second associated application is for Listed Building Consent for those elements of the aforementioned works that require Listed Building Consent (09/01022/LBC).

Recommendation 2. It is recommended that planning permission is granted subject to conditions and a S.106 Agreement and that listed building consent is granted, subject to conditions.

Main Issues 3. The main issues for consideration in respect of this application are: • Principle of the proposal • Design, layout and scale • Impact on the Listed Building • Access and parking • Impact upon the environment • Impact on neighbour amenity

4. This report has been written by Chorley Council’s Conservation Officer. It was considered that this is the appropriate approach because of the particular circumstances encountered on this site, in particular a designated heritage asset (grade II* listed building) of national, regional and local significance.

5. Within the assessment section reference is made to the Central Lancashire Publication Core Strategy. This document is at a very early stage of initial consultation within the Local Development Framework (LDF) process and as such carries a proportionately little amount of weight in the consideration of development proposals.

History 6. Ref: 98/00781/FUL Decision: Permitted Decision Date: 4 January 1999 Description: Construction of 1.8m high metal mesh security fence

Ref: 01/00261/LBC Decision: Permitted

Agenda Page 14 Agenda Item 4a Decision Date: 5 July 2001 Description: Structural repairs to tower

Ref: 10/00089/FUL Decision: Permitted Decision Date: 13 May 2010 Description: New vehicular access from Southport Road for use of tractor access to haylage

Ref: 10/00091/TPO Decision: Permitted Decision Date: 12 April 2010 Description: Works to oak tree covered by TPO7

Representations 7. Three neighbour letters of objection have been received to the planning application. All express concerns about the impact of additional traffic that they feel will be generated by the proposed development both during and after the works have been executed. They also express concerns for their perceived loss of privacy and damage to local wildlife. Their final concern regards the future maintenance of the access drive from the A59.

Consultations 8. LCC Ecology – Have concerns about the impact of the development upon protected species, the loss of woodland and the risk that an invasive plant species (Himalayan Balsam) may be spread. Further surveys were requested after the applications were received and these surveys have now been completed to the satisfaction of LCC Ecology. LCC Ecology is in agreement with the proposed mitigation strategy and suggests that a number of conditions be added to any permissions that may subsequently be granted.

9. LCC Planning Contributions – Requests have been made for contributions to Education (£121,344) and Waste Management (£16,800) plus an as yet undetermined potential contribution for Transport.

10. LCC Highways – Raise no objection to the applications. They endorse the proposed highways enhancement measures.

11. English Heritage – Rigorously support the applications, which they state will safeguard the future of a grade II* listed building and its removal from their ‘Heritage at Risk’ register (formerly Buildings at Risk). They support the design principles adopted for the development. They have some concerns that the finances, as outlined and independently verified, are sufficiently robust to ensure the completion of the scheme and suggest that additional new residential units may be required to overcome these concerns.

12. Lancashire Gardens Trust – Support and welcome the applications.

13. Bretherton Parish Council – Have concerns for the design of the new development and consider it to be inappropriate for the local area. They suggest a legal agreement to ensure the repairs to the listed building are secured and that the access needs to be improved to mitigate against perceived traffic increases as a result of the development.

14. Natural England – Broadly supports the applications, and offers advice on the same basis as LCC Ecology.

15. Chorley Council Contaminated Land Officer – requests that further investigations be carried out into the potential for land contamination and that such work be a condition to any permissions that may be subsequently granted.

Agenda Page 15 Agenda Item 4a 16. Chorley Council Planning Policy – Supports the principles of the application and concludes that despite being contrary to policy, which the proposed new residential ‘Enabling Development’ is by definition, any tests for acceptability have been met.

17. Chorley Council Planning Policy – Sustainable Resources Officer states that the applications are acceptable in terms of reduction in CO2 emissions, reduced water consumption, provision of recycling storage facilities and the use of energy efficient appliances. Conditions are suggested to enable conformity with the requirements of the Code for Sustainable Homes.

18. Environment Agency – states that the applications are acceptable to them, subject to conditions to secure the appropriate design of surface and foul water disposal and surface water regulation systems.

Assessment Principle of Development 19. Bank Hall is a grade II* listed building located on the western fringe on the Parish of Bretherton, just off the A59 Preston to Liverpool highway. It is a large country mansion building set in quite extensive grounds with formal gardens and includes parts that date from 1608, with the majority being from the early Victorian period. The building has for many years been placed of the English Heritage register of ‘Buildings at Risk’.

20. The ‘Bank Hall Action Group’ (BHAG) was set up in 1995 by a group of local people with a shared interest and concern for the conservation of the listed building and the grounds in which it is located. A statement of actions undertaken by this group is included with the applications and this demonstrates the considerable level of interest and support for the group shown by local people. This document states that since 2000 there have been over 20,000 visitors to events organised by the BHAG.

21. In 2003 the building was amongst others included on the BBC2 programme, ‘Restoration’ in which it came in second place in the regional finals (behind Victoria Baths, Manchester) despite having the highest number of votes cast overall (if those cast in the first round were added to those cast in the regional final), further demonstrating the level of interest within the north west (40,000 votes being cast in favour) in saving the building.

22. The application is made by the Heritage Trust for the North West (HTNW) which, has been working collaboratively with the BHAG since 1996, and shares a mutual interest in the conservation of Bank Hall. The HTNW is a charitable Building Preservation Trust with extensive experience in the conservation of historic sites throughout the north west of England. The involvement of the HTNW has in itself enabled input of grant funding from a variety of sources totalling in excess of £150,000 (in terms of emergency repair, stabilisation and the erection of security fencing) and has brought considerable technical expertise in repair works to historic buildings to the project as a whole. The HTNW have, with input from the BHAG, secured a Stage 1 bid approval from the Heritage Lottery Fund (HLF) to the value of £138,000 towards the cost of further research, surveys and exploratory work and have a further £1.59 million ring fenced by the HLF for the stage 2 application, which is conditional upon the granting of this planning permission and this listed building consent.

23. The site owner, Lilford Estate, has provided support to both the BHAG and the HTNW. In addition to a long (999 year) peppercorn lease for the Hall, the estate has also provided funding towards urgent works on the tower and accommodation for the use of BHAG members on site. Furthermore it has allowed use of part of the site to be used by students in archaeology and historic building conservation from the University of Central Lancashire.

24. The resources of the HTNW and the BHAG together with the total HLF grant funding was insufficient to fund the required repair works to the listed building, so it was decided to engage an experienced development partner. Following a rigorous

Agenda Page 16 Agenda Item 4a tendering process, detailed in the application documents, Urban Splash were chosen as the preferred development partner.

25. The application site is within the Green Belt. PPG2 (supported by local plan policy DC1) states that there is a general presumption against inappropriate development in the Green Belt. PPG2 goes on to say that such development should not be approved except in very special circumstances and that it is for an applicant to show why permission should be granted. PPG2 suggests that a sequence of tests is applied to determine whether inappropriate development can be seen to demonstrate very special circumstances which can outweigh this inappropriateness: a. Is the proposed development inappropriate? b. What harm to the green belt, if any (in addition to the in-principle harm arising from the simple fact of inappropriateness), is caused? c. Are there any material considerations in favour of the development? d. If so are these sufficient to outweigh the combined harm caused to the green belt by reason of inappropriateness and any other harm identified at stage b.? e. And if so do those countervailing material considerations actually amount to very special circumstances .

26. Policy HE9 of PPS5 favours the conservation of designated heritage assets (in this case a listed building) and Policy 16 (Heritage) of the emerging Central Lancashire Publication Core Strategy further supports this aim.

27. The reuse and conversion of a building located within the Green Belt is acceptable in terms of local plan policy DC7A. Additionally the proposed development supports the encouragement of visitors to the area by the inclusion of public meeting rooms (albeit available on a limited basis) within the development proposals for the listed building.

28. The applications relate to the refurbishment and conversion of a grade II* listed building, to create twelve residential units plus the erection of twenty three new residential units on the former orchard site. PPS3, Local Plan Policies GN5 and HS4 and the emerging Central Lancashire Core Strategy Policy 17 seek good quality residential design.

29. The applicant has put forward a case for very special circumstances in the form of Enabling Development , an approach identified in Policy HE11 of PPS5 .

30. Enabling Development is simply defined as any development that is contrary to policy, either national or local, and which is thus, by definition, unacceptable. The development can be considered to be acceptable by virtue that it results in the conservation of a heritage asset – in this case a grade II* listed building. All other possible routes to this goal must have been demonstrably explored and therefore the proposed route to saving the building proven. In every case the costs of saving the heritage asset outweigh its forecast value on completion. This shortfall is known as the ‘Conservation Deficit’. The solution to funding this deficit can be found via number of alternative routes, which may include grant funding (for example from the Heritage Lottery Fund, English Heritage or other sources or a mixture of different sources added together) or, and sometimes in addition to, the profit that can be realised from the construction of appropriately designed additional development elsewhere but most usually within the overall site.

31. In response to the tests referred to in paragraph 25 and with regard to the points made in paragraphs 26 – 30 the answers in this case are in my opinion: a. Yes, as defined by PPG2 b. The openness of the Green Belt will, by the definition in PPG2, be harmed by the enabling development. The reuse of the listed building will only have a marginally greater impact upon the openness of the Green Belt than the current situation. c. Yes, the use of Enabling Development as the principle of the proposal here is considered to be a material consideration. Securing the future of a

Agenda Page 17 Agenda Item 4a designated heritage asset, a nationally significant Grade II* listed building is another. d. It is my opinion that the harm caused by permitting the proposed, inappropriate, development is far outweighed by the benefits gained in facilitating via the enabling development route, the conservation and return to active and sustainable use a building that is of national significance and which has the long term support of a local action group, a significant number of people from throughout the north west and English Heritage. e. Yes, it is my opinion that the applicant has demonstrated very special circumstances.

32. As the applicants have taken the Enabling Development approach they have, by necessity, submitted a considerable amount of supporting information.

33. English Heritage guidance on Enabling Development suggests that the Development Appraisal is the key piece of information within any Enabling Development based proposal. This includes detailed cost plans, projected values upon completion, evidence of options appraisals and the procurement of a suitable development partner. English Heritage published guidance on Enabling Development gives finely detailed advice upon all aspects of the Enabling Development process including the accepted basis for fees to be included in the appraisal. It furthermore recognises that is acceptable, necessary even, to include a level of developer’s profit.

34. The preferred development partner, as stated above in paragraph 23 is Urban Splash, a company with evidence of considerable experience of this type of development. The submitted development appraisal documents, together with the detailed plans have been the subject of independent scrutiny, procured at the request of both the Council and English Heritage.

35. That independent scrutiny report completed by GL Hearn suggests that the Development Appraisal projects a slightly higher rate of return than might possibly be expected in current market conditions. The scrutiny report suggests that this equates to a need for additional extra new residential units, i.e. more enabling development, to ensure the overall financial viability of the proposal as a whole. The Cost Plan document, included with the application, has been also scrutinised by an English Heritage Quantity Surveyor who confirms that the details are within accepted tolerances. The applicants intend to proceed, subject to the appropriate permissions being in place. In accordance with English Heritage guidance on Enabling Development a Section106 agreement will be put in place that includes clauses that will secure the works to the listed building and thereby safeguard it’s future.

36. I consider that the case for Enabling Development, which will result in the safeguarding of a designated heritage asset (grade II* listed building), does represent very special circumstances in relation to PPG2 and local plan policy DC1. On balance therefore the principle of development is, in my considered opinion, acceptable.

Design, Scale and Layout 37. It is intended that Bank Hall will be repaired and converted to form twelve residential apartments. The repair works will reinstate the ‘original’ form of the building, including the original roof profile, albeit with a limited number of roof lights on elevations that will not be visible from the ground. The Conservation Management Plan that accompanies the application has been completed by consultants that in my opinion are nationally recognised experts in this field. In my opinion it gives a high level of detail about the current condition of the building and the repairs required. It also provides a highly detailed analysis of the significance of the building, in line with the requirements and principles of PPS5. Also included is a Structural Appraisal and suggested long term management requirements.

38. An Historic Landscape Report together with detailed Ecological Reports also accompany the applications. These together with the aforementioned reports from

Agenda Page 18 Agenda Item 4a paragraph 33 have been used, in the opinion of the Council’s Conservation Officer to inform the design process for both the conversion of the Hall and the design of the enabling development.

39. I consider that the design, scale and layout of the enabling development (23 new dwellings) have furthermore been informed by a clear and rigorous design process. This process examines the materials and forms of the local vernacular, in particular taking reference from agricultural buildings, and then applies a contemporary flavour. A key and accepted philosophy within the building conservation profession for the design of new buildings in an historic context is the adoption of a contemporary yet sympathetic approach. Both English Heritage and the Commission for Architecture and the Built Environment (CABE) endorse this and advise that architectural design should be of its own time, and should attempt to build tomorrow’s heritage today. It further suggests that any form of pastiche – an attempt to copy or mimic the design of an old building - is to be avoided. The Principles of Conservation as enshrined by the International Council on Monuments and Sites (ICOMOS), and endorsed by the Institute of Historic Building Conservation (IHBC), suggest that new building in the historic environment should be both sympathetic yet honest.

40. I suggest that the design of the enabling development achieves this objective. The design utilises a mixture of traditional, local, brick together with contemporary materials in a built form that looks to vernacular farm buildings, barns, built in farmsteads or courtyard settings. They are furthermore separated from the listed building by a distance of 60m, the former walled garden and some tree planting. In my opinion this approach conforms to accepted conservation practice.

41. The use of contemporary materials in the construction of the enabling development has further functions. This choice will allow for sustainable construction and will allow the buildings to be resource efficient, both in terms of construction methods and in post completion use of finite resources – energy and water consumption and in the reduction in CO 2 emissions. The applicants assert that they will attempt to incorporate as many of the same measures as possible into the works to the listed building, whilst at the same time having regard to the needs of the significance of this designated heritage asset.

Impact on the Listed Building 42. The proposed enabling development is both complimentary to the setting of the listed building and is set at a sufficient distance from it such that it will sustain the significance of the designated heritage asset and its setting and is therefore acceptable in terms of the requirements of PPS5.

43. The information provided with the application clearly demonstrates that the applicant has a clear understanding of the needs of the listed building, and its historic setting. In his opinion the proposed development will secure the future of a building that has long been ‘at risk’ and will provide it with a secure, sustainable future. The significance of the designated heritage asset has been clearly demonstrated in the Conservation Management Plan and therefore accords with the policies contained within PPS5.

44. Policy HE12 of PPS5 relates to the need for recording of designated heritage assets prior to any works commencing. The Conservation Management Plan and the Historic Landscape Report demonstrate that this requirement has been fulfilled.

45. The proposed works to the listed building at this stage only give specific details as to the shell repairs. Whilst the submitted cost plan includes values for internal works, the precise design detail has in many areas still to be determined and will be part of an evolutionary conservation and development process. I suggest that a number of conditions are attached to any permissions that may subsequently be granted and that to avoid being an overburdening restriction that these be split between those works to the listed building and those to the enabling development. I recognise that it will not be possible to agree precise details of design and finishes for the internal works until the

Agenda Page 19 Agenda Item 4a major structural repair works have progressed. The application of appropriate conditions will thus ensure that the works can be controlled and I suggest that the discharge of these can be at a delegated level.

46. As stated in paragraph 40 above the applicants stated objective is to, where possible, enhance the energy efficiency and reduce CO 2 emissions of the listed building. It is suggested that the final details of how this is achieved cannot be determined at this stage but that such information should be the subject of conditions attached to any permissions that may subsequently granted.

Access and Parking 47. The applicant has proposed improvements to the principal access (from the A59) within the Design and Access Statement. The applicant is also proposing parking for both prospective residents and visitors for both the listed building and the enabling development. The former includes limited visitor parking for the ‘Propsect Tower’ rooms that are to be made available on limited, specific, occasions throughout the year to the BHAG and members of the public (which is also a condition to the offer of HLF Grant funding). As stated in paragraph 11, LCC Highways officers support the application on this basis.

48. Chorley Council’s Design Guidance Supplementary Planning Document (SPD) details current parking requirements. The applications propose an acceptable number of parking spaces for the proposed number of dwellings.

The Environment 49. The application submission includes detailed ecological surveys that in the opinion of Lancashire County Council (Ecology) offer acceptable mitigation measures to safeguard all protected species and any local (unprotected) populations. A number of conditions are suggested by the LCC Ecology Officer to ensure compliance with the applicable statutory regulations.

50. The application submission also includes a flood risk assessment. This concludes that the site whilst being within Flood Zone 3A represents a minimal risk. The applicants suggest a system of rainwater attenuation be included within the development and this will be included as a condition to any permission that may be granted.

51. The application also includes information on how energy consumption will be reduced, how (as stated in paragraph 46 above) rainwater discharge will be minimised, and how CO 2 emissions will be reduced both during and after construction and to achieve the required standards for the Code for Sustainable Homes. Conditions have been suggested by Chorley Council’s Sustainable Resources Officer to ensure the development meets the highest possible standards.

Neighbour Amenity 52. The location of the proposed development site is within open countryside but with considerable screening by established trees. Nevertheless there are a number of neighbouring properties, located at the former Bank Hall Farm Barn, now known as Bank Hall Barns, where residents have expressed concerns about, in their opinion, the potential for loss of their privacy. The proposed development is situated at least 250m (at the nearest point) to these properties and is surrounded by trees which to a large extent screen the two sites from one another. The required separation distance between neighbouring properties as defined in local plan policy HS4 and the Design Guidance Supplementary Planning Document has been achieved.

Agenda Page 20 Agenda Item 4a

Overall Conclusion 53. The applications are considered acceptable in relation to PPG2, PPS3, PPS5, PPS9 and PPS25, Local Plan Policies DC1, DC7A, GN5, HS4, SR1 and Central Lancashire Publication Core Strategy Policies 16 and 17. The applications are recommended for approval subject to conditions and a S.106 agreement, the latter which will secure the repairs to the listed building. Planning Policies: 54. National Policies PPG2: Green Belts PPS3: Housing PPS5: Historic Environment PPS9: Biodiversity and Geological Conservation PPS25: Flood Risk

55. Adopted Chorley Local Plan Review: GN5: Building Design and Retaining Existing Landscape Features and Natural Habitats DC1: Development in the Green Belt HS4: Design and Layout of Residential Development TR4: Highway Development Control Criteria

56. Chorley Local Development framework: Supplementary planning Documents: Sustainable Resources Householder design Guidance

57. Central Lancashire Publication Core Strategy, December 2010 (note this document is only at the first consultation stage so carries a commensurate degree of weight within these considerations): Policy 16: Heritage Assets Policy 17: Design of New Buildings

Agenda Page 21 Agenda Item 4b Application No: 09/01022/LBC

Case Officer: Mr Paul Whittingham

Ward: Lostock

Proposal: Listed Building Consent for the shell repair and refurbishment of Grade 2 * Listed Bank Hall building in to 12 residential dwellings and associated enabling development comprising 23 residential dwellings on the former orchard site.

Location: Bank Hall Bank Hall Drive Bretherton Lancashire

Applicant HTNW And Lilford 2005 Ltd

Consultation expiry: 4 January 2011

Application expiry: 12 May 2010

Recommendation 2. It is recommended that planning permission is granted subject to conditions and a S.106 Agreement and that listed building consent is granted, subject to conditions.

History 6. Ref: 98/00781/FUL Decision: Permitted Decision Date: 4 January 1999 Description: Construction of 1.8m high metal mesh security fence

Ref: 01/00261/LBC Decision: Permitted

Agenda Page 22 Agenda Item 4b Decision Date: 5 July 2001 Description: Structural repairs to tower

Ref: 10/00089/FUL Decision: Permitted Decision Date: 13 May 2010 Description: New vehicular access from Southport Road for use of tractor access to haylage

Ref: 10/00091/TPO Decision: Permitted Decision Date: 12 April 2010 Description: Works to oak tree covered by TPO7

9. LCC Planning Contributions – Requests have been made for contributions to Education (£121,344) and Waste Management (£16,800) plus an as yet undetermined potential contribution for Transport.

10. LCC Highways – Raise no objection to the applications. They endorse the proposed highways enhancement measures.

12. Lancashire Gardens Trust – Support and welcome the applications.

14. Natural England – Broadly supports the applications, and offers advice on the same basis as LCC Ecology.

Agenda Page 23 Agenda Item 4b 16. Chorley Council Planning Policy – Supports the principles of the application and concludes that despite being contrary to policy, which the proposed new residential ‘Enabling Development’ is by definition, any tests for acceptability have been met.

Agenda Page 24 Agenda Item 4b tendering process, detailed in the application documents, Urban Splash were chosen as the preferred development partner.

29. The applicant has put forward a case for very special circumstances in the form of Enabling Development , an approach identified in Policy HE11 of PPS5 .

Agenda Page 25 Agenda Item 4b designated heritage asset, a nationally significant Grade II* listed building is another. d. It is my opinion that the harm caused by permitting the proposed, inappropriate, development is far outweighed by the benefits gained in facilitating via the enabling development route, the conservation and return to active and sustainable use a building that is of national significance and which has the long term support of a local action group, a significant number of people from throughout the north west and English Heritage. e. Yes, it is my opinion that the applicant has demonstrated very special circumstances.

32. As the applicants have taken the Enabling Development approach they have, by necessity, submitted a considerable amount of supporting information.

38. An Historic Landscape Report together with detailed Ecological Reports also accompany the applications. These together with the aforementioned reports from

Agenda Page 26 Agenda Item 4b paragraph 33 have been used, in the opinion of the Council’s Conservation Officer to inform the design process for both the conversion of the Hall and the design of the enabling development.

Agenda Page 27 Agenda Item 4b major structural repair works have progressed. The application of appropriate conditions will thus ensure that the works can be controlled and I suggest that the discharge of these can be at a delegated level.

Agenda Page 28 Agenda Item 4b

Planning Policies: 54. National Policies PPG2: Green Belts PPS3: Housing PPS5: Historic Environment PPS9: Biodiversity and Geological Conservation PPS25: Flood Risk

56. Chorley Local Development framework: Supplementary planning Documents: Sustainable Resources Householder design Guidance

Agenda Page 29 Agenda Item 4d

Application No: 10/00771/FUL

Case Officer: Mr Matthew Birkinshaw

Ward: Adlington & Anderton

Proposal: Demolition of existing garages and erection of 5No 2 Bed 3 Person Bungalows.

Location: Land Immediately East Of 43 - 51 Acresfield Adlington Lancashire

Applicant: Adactus Housing

Consultation expiry: 5 November 2010

Application expiry: 27 October 2010

Proposal 1. The application seeks full planning permission for the demolition of former lock-up garages located off Acresfield and the erection of five 2-bedroom bungalows. Each property will be let through the registered social landlord and applicant ‘Adactus Housing Association’ (‘Adactus’).

Recommendation 2. It is recommended that this application is granted full planning permission subject to conditions and the applicant entering into a Section 106 legal agreement.

Site Description 3. The application site comprises 32no. former lock-up garages located to the rear of 39-51 Acresfield and 14-20 Windsor Avenue, Adlington. The site is bounded to the north by similar garages to the rear of terraced properties on Park Road, to the east by the rear gardens of bungalows on Windsor Avenue, to the south by an area of designated open space, and to the west by the rear gardens of semi-detached properties on Acresfield. Access is taken via Acresfield to the north-west corner of the site.

4. The majority of garages are un-used and face inwards onto an area of hard standing.

Main Issues 5. The main issues for consideration in respect of this planning application are:

• The Principle of Development; • Access and Parking; • Appearance, Layout, and Scale; • Impact on Neighbour Amenity; and • Other Planning Considerations.

History 6. There is no planning history relating to the application site.

Representations 7. 2 individual letters of objection have been received. The grounds of objection can be summarised as follows:

• The proposal would result in the loss of garages, leading to increased pressures on parking along Acresfield; • The proposal would lead to additional congestion; • Park Road is already heavily trafficked by parked cars, which will only be

Agenda Page 30 Agenda Item 4d

worsened by the proposal; and • A family street (Acresfield) would be the only access route to the application site leading to issues over highway safety.

8. Adlington Town Council have also objected to the proposal, with concerns over the additional traffic and parking problems in an already congested area, only worsened by the loss of parking spaces. The Town Council have also raised concern over the potential risk from land contamination and advised that they believe some of the garages to be privately owned.

Consultations 9. Lancashire County Council (Highways) – No objection. Traffic problems or congestion are unlikely to be an issue with this development. Each of the five bungalows has 2 parking spaces directly allocated to them even though not all of the householders may be car owners. Given the local amenities and public transport facilities in Adlington it is unlikely there will be any further demands for highway parking outside of this development.

10. Chorley Borough Council Waste & Contaminated Land Officer - No objection subject to condition. The Council’s Contaminated Land Officer has reviewed the Phase 1 Desk Study submitted by the applicant and is satisfied with the content of the report. This makes recommendations for further intrusive site investigations to determine the status of contamination and whether as a result any remedial works will be necessary. This can be controlled and enforced through the use of a planning condition.

11. Chorley Borough Council Affordable Housing Officer – No objection. The Strategic Housing Department are fully supportive of the proposed scheme. The proposed mix of 5 x 2-bedroom houses are reflective of the indicated housing need for this area as defined by the 2009 Central Lancashire Strategic Housing Market Assessment.

12. The Council will secure nomination rights for the properties, 100% for first lets and 50% thereafter. An initial agreement has been made with the applicant for a Local Lettings Policy to be applied to this scheme, the detail of which will be finalised and reflected in Section 106 Legal Agreement.

13. Chorley Borough Council Design Advice – No objection subject to condition. The Council’s design advisor has suggested the bungalows may appear dated with the use of timber cladding proposed and it is advised that materials should be chosen to ensure the appearance of the properties reflect local character.

14. United Utilities – No objection subject to conditions. This includes ensuring the site is drained on separate systems, and restricting surface water so as not to discharge into a foul/combined sewer.

15. Police Architectural Liaison Officer – No objection. The application was referred to the ALO at the pre-application stage and the submitted documents reflect these comments.

16. Central Lancashire Primary Care Trust – No objection. The Central Lancashire Primary Care Trust (PCT) have advised that one of the GP practices in Adlington feels unable to accept any additional patients at the present time and the other has only limited capacity. However the PCT are working with GP’s in Adlington and have secured resources for implementing improvements to capacity. The scale of development proposed as part of this application is not considered to be sufficient to have a further detrimental impact on the availability of services or be of a scale to warrant any financial contribution as a direct result of the proposal.

Agenda Page 31 Agenda Item 4d

17. Adlington Town Council – Objection. Access to the site is poor and will cause additional traffic and parking problems in an already congested area. This will only be exacerbated by the loss of garages putting more pressure on the roads for parking.

18. The Town Council also feel that additional work should be undertaken to investigate the presence of contaminants and that some of the garages are privately owned.

Assessment

Principle of Development

19. The application seeks full planning permission for new residential development within the Adlington settlement boundary. Local Plan Policy GN1 sets out a presumption in favour of appropriate development within Adlington subject to meeting other relevant policy tests. The proposal for new family housing is considered appropriate in this location which is characterised and surrounded by similar predominantly family housing.

20. The proposal will bring about the efficient re-use of previously developed land and buildings and is therefore synonymous with the objectives of PPS1 which seeks to maximise the re-use of existing land in urban areas. The application site is also well positioned to benefit from good accessibility to local shops and community services within Adlington and the principle of new affordable family housing in this location is therefore considered to be acceptable subject to meeting other policy requirements.

Access and Parking

21. Local Plan Policies HS4 and TR4 require proposals for new residential development to achieve adequate and safe access and produce appropriate levels of off-street parking. Policy HS4 also restricts proposals which would have a detrimental impact on amenity which could include issues relating to parking and congestion.

22. In terms of an adequate and safe access both into and throughout the site the applicants have worked closely with Lancashire County Council in the evolution of the proposed layout. The submitted scheme follows this design work and complies with national standards set out in the Manual for Streets, utilising an existing access with adequate sight lines.

23. LCC Highways have commented in response to local fears over additional on-street parking pressures by conforming that the 10no. off-street parking spaces will provide sufficient space for the likely parking demand arising from the development (2no. spaces allocated per dwelling). This is considered to be more than sufficient given that a relatively small family (given the bungalows are only 2-bedrooms) are unlikely to have more than 2no. vehicles per household, and may in some circumstances not own a car due to the proximity of the site to local services, shops, and public transport networks.

24. Whilst the proposal will remove a possible 32no. parking spaces for local residents the garages are predominantly unused, and have been for some time. As a result of the development therefore there will not be a significant number of additional cars forced onto the surrounding streets.

25. In terms of congestion it is not considered that this application for 5no. bungalows will lead to any significant increase in traffic volume to the detriment of neighbouring residents. As a site currently containing up to 32no. garages the site could potentially be advertised and used once again for parking if the demand arose – causing more congestion to and from the site than 5no. new bungalows.

Agenda Page 32 Agenda Item 4d

26. The proposal therefore provides a safe and adequate access, with sufficient on-site car parking, and will not lead to any significant congestion, complying with the requirements of Local Plan Policy HS4 and TR4.

Appearance, Layout, and Scale 27. Local Plan Policies HS4 and GN5 permit new residential development provided that it, amongst other things, would respect the character of the surrounding area in terms of appearance, layout and scale. This is also reflected in the emerging Joint Core Strategy Policies 5 and 17 relating to design, which are a material consideration in the assessment of this application.

28. Submitted with the application is a Design and Access Statement which contains a detailed analysis of the surrounding context to demonstrate how this has informed the appearance of the housing proposed.

29. The surrounding area is characterised by a mix of post-war period family housing, with predominantly semi-detached and short rows of terraced housing. Older bungalows are also found immediately adjacent to the site on Windsor Avenue. In principle the incorporation of bungalows in this area is therefore considered acceptable given the varied nature and appearance of existing house types.

30. With the exception of Plot 5 the bungalows will be semi-detached. The design has sought to ensure each property has a generous proportion to the living room window which protrudes from the front elevation with bedrooms to the rear, whilst also following the appearance of other bungalows in the immediate area. Other design features include the use of timber cladding to break up elevations and give a more modern feel to the housing.

31. The Council’s Design Officer has reviewed the proposal and commented that to ensure the buildings reflect the local distinctiveness of the area (in accordance with the applicant’s Design and Access Statement) any materials used must match those found throughout the immediate surrounding area. This can be controlled through use of a planning condition and will ensure the appearance of the properties is appropriate for the area.

32. The layout seeks to promote natural surveillance and provide a sense of enclosure, clearly defining public areas to the front and private residential gardens to the rear. Each plot has been positioned to ensure an appropriate degree of separation between neighbouring houses in Windsor Avenue to the rear whilst providing the required level of off-street parking to the front. This layout is considered acceptable and as a single storey bungalow meets the interface distances set out in Council guidelines.

33. The application site is rectangular in nature, constrained in size given its location situated to the rear of properties on Acresfield and Windsor Avenue. The scale of housing proposed (single storey) therefore responds to this, providing family housing but without leading to any potential issues of overlooking a traditional 2-storey dwelling may result in. In terms of scale the proposal is therefore also acceptable will not look out of place next to existing bungalows, and complies with guidelines set out in the Design SPD.

34. In summary, the appearance and layout of properties has followed the character of the surrounding area with typical family housing with large bay windows, parking to the front and private garden areas to the rear. The scale of housing reflects the constrained nature of the site and reduces any potential overlooking or loss of light to those properties it adjoins. The proposal therefore meets the tests of Local Plan Policy HS4 and is considered acceptable in design terms, also complying with the Council’s Design Guidance, Local Plan Policy GN5 and Policies 5 and 17 of the emerging Core Strategy.

Agenda Page 33 Agenda Item 4d

Impact on Neighbour Amenity 35. Local Plan Policy HS4 restricts development that would fail to provide reasonable privacy and amenity. In response to the application no objections have been received from immediate neighbours to raise concern over the potential impact on amenity.

36. As a bungalow each property will only be 2.3m to eaves and 4.7m to ridge level. Given the height of the bungalows proposed they are not considered to have a detrimental impact on residential amenity by virtue of their scale or massing next to other properties.

37. In terms of overlooking Council guidelines in the adopted Design Guidance SPD state that windows to habitable rooms at ground floor level should not allow an unrestricted view into neighbouring garden areas or into the ground floor window of any other house.

38. At the rear each bungalow will have a private garden backing onto the rear gardens of properties on Windsor Avenue, separated by appropriate boundary treatment – most likely a close boarded fence. This restricts any habitable room windows at ground floor level in the proposed bungalows from overlooking into neighbouring gardens. The same can also be said for the front elevations which front onto areas of car parking, separated from houses on Acresfield by boundary fencing and rear gardens.

39. To ensure the boundary treatment is acceptable it is proposed that specific details, notwithstanding those shown on the submitted plans are submitted to and approved in writing by the Local Authority prior to works starting on site.

40. Therefore given the type, scale and massing of housing proposed it is not considered that the application will give rise to any detrimental impact on neighbouring residential amenity and the proposal meets the requirements of Local Plan Policy HS4 and the Design SPG.

Other Planning Considerations

Delivery of Affordable Housing 41. The 2007 Sustainable Community Strategy for Chorley identifies the lack of affordable housing in the Borough as a priority to address, with the waiting list for social rented accommodation having almost doubled in recent years to almost 4,000 applicants. The Chorley Corporate Strategy for 2009/10 – 2010/11 also identifies a clear need for affordable housing to meet long term objectives.

42. The proposal will make a direct contribution to these strategies and deliver affordable housing where there is a clearly defined need. The type and tenure of properties proposed also meets a defined need for family housing and smaller 2-bedrooom properties for the rented market. The Section 106 agreement will ensure new family housing is made available for local people under the agreed local lettings policy. The delivery of additional affordable housing and contribution this makes to the objectives and vision of the Council represents a material consideration in the determination of this application and in the planning balance.

Sustainability 43. Policy SR1 of the Sustainable Resources DPD requires all new dwellings to achieve Code for Sustainable Homes (CSH) Level 3, and secure at least 15% of energy from renewable sources. All development should comply with this unless the applicant can demonstrate through open book accounting that an individual site’s circumstances are such that development would become unfeasible or unviable.

Agenda Page 34 Agenda Item 4d

44. Whilst the proposal has been designed to meet CSH Level 3 at this stage no renewable energy technologies are proposed. The applicant has confirmed that until the final design stage it is not possible to determine the full financial viability of such technologies. It is therefore recommended that a condition is imposed requiring evidence to be submitted prior to work starting on site demonstrating that the site’s circumstances are such that renewable technologies would be unfeasible and unviable in accordance with Policy SR1.

Waste Collection and Storage 45. The Waste Management Officer has no objection to the proposal in terms of waste collection and storage of bins. There are no large communal bin stores which would have an impact on residential amenity and the number of bins provided will promote household recycling consistent with other areas.

Drainage 46. United Utilities have reviewed the drawings and raised no objection subject to conditions which address drainage issues.

47. In accordance with national guidance set out in PPS25 Development and Flood Risk surface water will not be allowed to discharge into any combined/foul sewer which will prevent flooding and associated pollution. Full details will be required prior to development starting on site to ensure the appropriate controls are in place. If it is the intention of the applicant to discharge surface water (often the cause of localised drainage problems) then United Utilities will require the flow to be attenuated to a maximum discharge rate, preventing any potential problems arising from periods of heavy rain. Any water attenuation measures will need to be submitted and approved in writing by the Local Authority prior to any work starting on site.

48. Subject to these controls the proposal will have adequate foul and surface water drainage arrangements in accordance with Local Plan Policy HS6 and PPS25 and prevent issues of flooding arising.

Ownership Issues 49. Adlington Town Council has raised concerns that some of the garages are privately owned by local residents and were erected in the past for residents to use by the residents themselves, albeit on land owned by Chorley Borough Council.

50. Although nobody has come forward as part of this application to claim ownership or question the ownership boundary submitted the applicant has sought legal advice to clarify this matter. This confirms that garage owners would need to demonstrate occupation for over 20 years before they would be able to apply for a possessory title.

51. No applications have been submitted for registering a possessory title, no one has a formal tenancy agreement on the site and no one has come forward to register an interest. It is concluded that there is no formal interest in the land which was all previously transferred from Chorley Borough and nobody except the applicant has a freehold or leasehold on the land in question.

Overall Conclusion

52. The application site comprises a parcel of previously developed land sandwiched between the rear of properties on Acresfield and Windsor Avenue. The principle of reusing the site for new affordable family housing is therefore acceptable.

53. The main objectors to the scheme have raised concern over the congestion in the surrounding residential streets which the proposal will result in. However, the scheme incorporates space for parking 2no. vehicles per property within the site. This is considered sufficient for small 2-bedroom bungalows within easy walking distance of shops, services and public transport links in Adlington and will not lead to

Agenda Page 35 Agenda Item 4d

parking out onto Acresfield. In terms of other parking pressures the majority of garages are no longer in use and their redevelopment will not a significant number of vehicles that once occupied them onto the surrounding streets. LCC Highways have confirmed that 5no. additional bungalows will not give rise to any serious congestion on the surrounding streets sufficient to warrant refusal of this planning application, especially when the garages could be used once more for up to 32no. vehicles under the fallback position.

54. The design is also considered appropriate in the context of the surrounding area which contains a mix of post-war housing, the scale of which will not give rise to any issues of overlooking or have any detrimental impact on residential amenity.

55. The proposal is therefore considered acceptable and will bring about the delivery of much needed new affordable family housing through the re-use of a brownfield site in an urban area. It is recommended that planning permission is granted subject to conditions and the applicant entering into a legal agreement.

Planning Policies National Planning Policies: PPS1, PPS3, PPS25

Adopted Chorley Borough Local Plan Review Policies: GN1, GN5, HS4, HS6, TR4

Supplementary Planning Guidance: • Statement of Community Involvement • Design Guide

Chorley’s Local Development Framework • Policy SR1: Incorporating Sustainable Resources into New Development • Sustainable Resources Development Plan Document • Sustainable Resources Supplementary Planning Document • Joint Core Strategy Policy 5 – Housing Density and Policy 17 – Design of New Buildings

Recommendation: Permit (Subject to Legal Agreement) Conditions 1. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (Schedule 2, Part 1, Classes A to E), or any Order amending or revoking and re-enacting that Order, no alterations or extensions shall be undertaken to the dwelling(s) hereby permitted, or any garage, shed or other outbuilding erected (other than those expressly authorised by this permission). Reason: To protect the appearance of the locality and in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

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 samples of all external facing materials to the proposed building(s) (notwithstanding any details shown on previously submitted plan(s) and specification) have been submitted to and approved

Agenda Page 36 Agenda Item 4d

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, DC8A, DC8B, HT2, HT3, HT7, HS4, HS9, EM3, EM4A and EM5 of 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 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.

6. Unless it can be demonstrated through open book accounting that the requirements of Policy SR1 would make the development unviable:

No phase or sub-phase of the development shall commence until a Design Stage assessment and related certification has been submitted to and approved in writing by the Local Planning Authority demonstrating that the proposed development will be constructed to achieve the relevant Code for Sustainable Homes level. All dwellings commenced after 1 January 2010 will be required to meet Code Level 3, all dwellings commenced after 1 January 2013 will be required to meet Code Level 4 and all dwellings commenced after 1 January 2016 will be required to meet Code Level 6. In accordance with Policy SR1 of the Sustainable Resources DPD, renewable or low carbon energy sources must be installed to reduce the predicted carbon emissions of the development by at least 15% (increasing to 20% from 2015). To demonstrate that this has been achieved, the Design Stage certification must show that the proposed development will achieve 2 credits within Issue Ene 7: Low or Zero Carbon Technologies. The approved details shall be fully implemented and retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

No dwelling shall be occupied until a Code for Sustainable Homes ‘Post Construction Stage’ assessment has been carried out and a final Code Certificate has been issued certifying that the required Code Level and 2 credits under Issue Ene7 has been achieved and the certificate has been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure the proper planning of the area. In accordance with Government advice contained in Planning Policy Statement: Planning and Climate Change - Supplement to Planning Policy Statement 1 and in accordance with Policy SR1 of Chorley Borough Council's Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document.

7. Before the development hereby permitted is first occupied, the car park and vehicle manoeuvring areas shall be surfaced or paved, drained and marked out all in accordance with the approved plan. The car park and vehicle manoeuvring areas

Agenda Page 37 Agenda Item 4d

shall 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.

8. Notwithstanding the details shown on the submitted plans, the proposed driveway/hardsurfacing to the front of the property shall be constructed using permeable materials on a permeable base, or provision shall be made to direct run- off water from the hard surface to a permeable or porous area or surface within the boundaries of the property (rather than to the highway), unless otherwise agreed to in writing by the Local Planning Authority. Reason: In the interests of highway safety and to prevent flooding, in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review and PPS25

10. Due to the size of development and sensitive end-use, the development hereby permitted shall not commence until the applicant has submitted to and had approved in writing by the Local Planning Authority a report to identify any potential sources of contamination on the site and where appropriate, necessary remediation measures. The report should include an initial desk study, site walkover and risk assessment and of the initial study identifies the potential for contamination to exist on site, the scope of a further study must then be agreed in writing with the Local Planning Authority and thereafter undertaken and shall include details of necessary remediation measures. The development shall thereafter only be carried out following the remediation of the site in full accordance with the measures stipulated in the approved report. Reason: In the interests of safety and in accordance with Policy E16 of the Adopted Chorley Borough Local Plan Review.

11. Surface water must drain separate from the foul and no surface water will be permitted to discharge to the foul sewerage system. Reason: To secure proper drainage and in accordance with Policy Nos. EP17 of the Adopted Chorley Borough Local Plan Review.

12. No development shall take place until a scheme for the provision and implementation of a surface water regulation system has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until the approved surface water drainage arrangements have been fully implemented. Reason: To secure proper drainage and to prevent flooding and in accordance with PPS25 and Policy No. EP18 of the Adopted Chorley Borough Local Plan Review.

13. 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 to be seeded, paved or hard landscaped; 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.

14. 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.

Agenda Page 38 Agenda Item 4d

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.

15. This consent relates to the following plans: Plan Ref. Received On: Title:

P1088 01B 2 December 2010 Existing Site Plan P1088 L02 30 August 2010 Planting Strategy / Proposed Plan P1088 11 30 August 2010 Site Sections / Elevations P1088 16 30 August 2010 Unit C1 Floor Plans/Elevations P1088 17 30 August 2010 Unit C2 Floor Plans/Elevations Reason: To define the consent and to ensure all works are carried out in a satisfactory manner.

Agenda Page 39 Agenda Item 4e

Application No: 10/00946/REMMAJ

Case Officer: Mrs Nicola Hopkins

Proposal: Reserved Matters application, pursuant to Section 73 planning permission 10/00888/OUTMAJ, proposing full details for the siting, layout, appearance and landscaping for a residential development comprising 135 dwellings at Duxbury Park, Myles Standish Way, Chorley

Location: Vertex Training and Conference Centre Little Carr Lane Chorley PR7 3JT

Applicant: Arley Homes

Consultation expiry: 26 January 2011

Application expiry: 9 February 2011

Proposal 1. This application seeks reserved matters approval for the erection of 135 dwellings at the former Vertex Training Centre Site at Little Carr Lane.

2. United Utilities were granted outline planning approval in December 2008 to redevelop the site for up to 200 dwellings and 10,800 square metres of office (Use Class B1) use. It was envisaged at outline stage that the eastern portion of land would be utilised for the employment use as this afforded the most appropriate siting for employment use (in respect of visibility and connectivity) along Myles Standish Way. Whilst the western portion of the site would accommodate upto 200 dwellings. It was also envisaged that due to the size and nature of the proposed uses that the site would be split into parcels prior to development.

3. Arley Homes have entered into a conditional contract with United Utilities (the site owners) to acquire the residential parcel of the site and they have submitted this application pursuant to the outline planning approval.

Recommendation 4. It is recommended that this application is granted conditional reserved matters approval

Main Issues 5. The main issues for consideration in respect of this planning application are: • Principle of the development • Section 73 application • Housing Development • Levels • Impact on the neighbours • Design • Open Space • Trees and Landscape • Ecology • Flood Risk • Traffic and Transport • Public Right of Way • Public Consultation

Agenda Page 40 Agenda Item 4e • Sustainability • Contamination and Coal Mines • Drainage and Sewers • Section 106 Agreement

Representations 6. 7 letters of objection have been received raising the following concerns: • Loss of light and views • Lack of children’s play space • Traffic congestion • Loss of trees • Not all of the comments from the public consultation exercise have been accommodated in the scheme • Overlooking/ loss of privacy • The scheme is different to the previously approved scheme in respect of the location of open space and the proximity of the proposed dwellings to the existing dwellings.

Consultations 7. Lancashire County Council (Ecology) have raised concerns in respect of the landscaping proposals.

8. The Ramblers have raised concerns in respect of the effects the development will have on the Public Right of Way

9. The Environment Agency have no objection subject to various conditions/ informatives

10. Lancashire County Council (Archaeology) have commented on likely remains of buildings on site and have suggested a prior commencement condition in this regard

11. Lancashire County Council (Public Rights of Way) have commented on the need for a diversion of the public right of way

12. United Utilities have no objections subject to various conditions/ informatives

13. Lancashire County Council (Highways) originally objected to the scheme.

14. Chorley’s Waste & Contaminated Land Officer has no objections from a waste storage and collection perspective

15. Natural England have no further comments to make on this application

16. Chorley Council (Strategic Housing) are satisfied with the mix of affordable units proposed however they have requested that the units are ‘pepper potted’ through the development rather than all located in one place.

Assessment Principle of the development 17. The training centre which until recently occupied part of the site was opened in 1974. The building became underused a number of years ago. The training function was moved out of the facility and the centre closed in 2002. A subsequent attempt was made to reopen the centre as a conference centre initially for three years however the centre operated at a loss and was closed in 2006.

Agenda Page 41 Agenda Item 4e 18. Following the closure in 2006 the site owners, United Utilities, began to consider alternative uses and submitted a planning application in 2008 to redevelop the site for residential and employment purposes. Outline planning approval was granted in 2008 for upto 200 residential dwellings and 10,800 square metres of office floor space.

19. The site falls to be considered previously developed land which is the preferred choice for siting new development. Taking into account the extant planning approval and the status of the land it is considered that the principle of redeveloping this part of the site for housing has been established.

Section 73 Application 20. Members will recall that an application (a Section 73 application) to vary four of the conditions attached to the original application was considered and approved at Development Control Committee in December 2010. This application was submitted to enable Arley Homes to develop the residential part of the site before the employment part and as such the conditions were phased so that the discharge of these conditions will only relate to the part of the site being developed at that time.

21. The effect of granting the Section 73 application at the site was the issue of a fresh grant of permission which was issued on 11 th January (although the timescale for implementation reflects the original planning approval). The applicants intend for this application for reserved matters to be pursuant to this new approval hence why the description was amended during the consideration of this application (to refer to the new planning approval) and the neighbours renotified to inform them of this change. The Section 73 approval does not alter the principles of developing this site which were established with the original grant of outline consent and as such it is not considered that the amendment to refer to the new planning approval affects the consideration of this reserved matters application.

Housing Development 22. When the outline planning application was submitted all matters, apart from access, were reserved. However the applicants submitted an indicative layout plan and parameters plans to demonstrate that the part of the site allocated for housing could accommodate 200 dwellings whilst protecting the amenities of the existing and future residents.

23. The parameters plan included the following details: • Along the northern boundary of the site with Carr Lane and Little Carr Lane all of the proposed dwellings will be a maximum of 2 stories high. • Three storey accommodation along the boundary with Duxbury Gardens due to the presence of three storey dwellings at Duxbury Gardens

24. This application proposes the erection of 135 dwellings on the residential portion of the site which is significantly less than the 200 dwellings which were originally envisaged for the site. The proposals incorporate the erection of 14 two bedroom dwellings, 35 three bedroom dwellings, 42 four bedroom dwellings and 44 five bedroom dwellings. This is in the form of 70 two storey dwellings, 40 two and a half storey dwellings and 25 three storey dwellings. The split of dwelling types across the site includes 15 terraced properties, 2 linked properties, 72 detached dwellings and 46 semi-detached dwellings. 27 of these properties (12 semi-detached properties and 15 terraced properties) will be affordable accommodation.

25. The outline planning approval incorporated a density of 42 dwellings per hectare which was achieved by including apartments within the mix of accommodation. As set out above no apartments are proposed, which is likely due to current market conditions and a reduction in the need for apartment accommodation, hence why the

Agenda Page 42 Agenda Item 4e number of dwellings proposed is less than what was originally envisaged on the site. The density for this scheme is 28 dwellings per hectare which allows for the construction of family dwellings with private amenity space reflecting current market trends. This density also takes into account the topography of the site which has significant implications on the develop ability of the site.

26. In accordance with the Section 106 Agreement associated with the outline approval (and the recently approved Section 73 application) the scheme is required to incorporate 20% affordable housing on site, which for 135 dwellings is 27 units as set out above. The scheme incorporates 14 two bedroom dwellings and 13 three bedroom dwellings located within a central located on the site (plots 22-30, 104-115 and 43-48).

27. Chorley Council’s Strategic Housing Section initially raised concerns about all of the affordable housing being sited in one location however the layout plan has been amended and 6 of the properties have been relocated on the site.

Levels 28. There are significant level differences across the site which have informed the layout of the development. The Council’s spacing standards in respect of dwelling houses increase where there is a significant level difference between dwellings. Due to the topography of the site there is inevitably significant level differences between the proposed dwellings. There is also a level difference between the proposed and existing dwellings on Little Carr Lane and Duxbury Gardens.

29. Applying the increase in spacing required by the Council’s standards due to the significant level changes across the site would result in a significant amount of space retained between dwellings (in some cases as much as 47 metres). This would result in a completely different layout and would reduce the number of dwellings which can be accommodated on the site. This is not considered to be the most appropriate re- use of brownfield land within a sustainable location.

30. The Council’s spacing standards are applied to ensure that an adequate amount of privacy and amenity is provided for the existing and future residents. The application is supported by various sectional drawings which demonstrate the difference in levels between the proposed dwellings.

31. Where the level difference are significant, mainly within the central portions of the site, the sectional drawings demonstrate the physical relationship between the properties on the site. The main level differences occur between the dwellings on plots 10-14 and 1-4, 94-100 and 104-112 plus 126. There is a difference of 6.95 metres between plots 99 and 109 which applying the Council’s spacing standards would require a separation distance of 47 metres (rear to rear) whereas only 22 metres is retained. However the sectional plan demonstrates the extent of views from the ground and first floor windows. The proposed rear boundary treatment along with the level difference ensures that there will not be any loss of privacy or amenity for the future residents which addresses the purposes of applying separation distances.

32. Similarly there is a 3.7metre level difference between plots 3 and 11 which would require a rear to rear separation distance of 33 metres whereas only 21 metres is proposed. However the level difference and rear boundary treatment restricts views and ensures that an appropriate level of amenity will be provided for the future residents.

33. It is considered that the sectional plans submitted with the application demonstrate that dwellings can be accommodated on the site whilst accommodating the level Agenda Page 43 Agenda Item 4e differences and ensuring that the amenities of the future residents are protected. Permitted development rights will be removed in the sensitive locations on the site to ensure that future extensions to the dwellings do not adversely impact on the neighbours amenities.

Impact on the neighbours 34. The immediate neighbours to the site are the existing dwelling houses to the north on Little Carr Lane and Duxbury Gardens and the properties to the west at The Bowers. It is considered that the most sensitive location is along the northern boundary of the site with the properties on Little Carr Lane.

35. The proposed dwellings along the boundary with Little Carr Lane are set at a higher land level than the existing properties on Little Carr Lane. As the proposed dwellings back onto the rear of the existing dwellings on Little Carr Lane the main consideration is the rear to rear distance (standard 21 metres) and the length of the garden (standard 10 metres). The proposed property on plot 74 (which is the closest property to the dwellings on Little Carr Lane apart from plot 93 which has its side gable adjacent to Duxbury House) is 1.95 metres higher than 6 Little Carr Lane. Applying the Councils spacing standards would require a 27 metre separation between these properties. 24 metres is retained between the two properties however the garden length of the proposed dwellings is 15 metres, 5 metres in excess of the required garden length. Taking into consideration the extended garden areas, the fact that the properties proposed are restricted to 2 storey dwellings and the proposed boundary treatment along this boundary (a 1.8 metre high fence with 300mm trellis on top is proposed) it is not considered that a slight reduction in the rear to rear spacing distances (although they still extend the standard spacing distances) will adversely impact on the privacy or amenities of the existing or future residents.

36. The property on plot 127 is 1.42 metres higher than 45 Duxbury Gardens however 29 metres is retained between these two properties (which exceeds the required spacing distances taking into account the level difference). The proposed dwellings along this boundary incorporates a mix of 2 and 2.5 storey. At outline stage it was established that 3 storey dwellings could be accommodated at this location due to the existing 3 storey dwellings at Duxbury Gardens. It is considered that the siting of the proposed dwellings will ensure that the amenities of the existing and future residents are protected.

37. The existing detached dwellings on The Bowers are located to the west of the application site. Between the proposed dwellings and The Bowers is an area of woodland which is Duxbury Woods Biological Heritage Site and is at a higher land level than the application site. This area of woodland provides an effective screen during the spring and summer months however it does allow views through during the winter months. This notwithstanding however the closest property is plot 55 which is approximately 42 metres away from 7 The Bowers. It is considered that the existing woodland and distance retained between the properties ensures that there will be no adverse impact on the existing or future residents.

Design 38. The appearance of the development and the proposed dwellings was reserved at outline stag and forms a consideration of this reserved matters application. In this regard the Council’s Urban Design Manager has raised several comments on the application. These comments relate to the proposed house types, the gateway to the development and the siting of the garages.

39. The applicants have confirmed that the range of house types proposed is family accommodation to suit market demand. The dwellings are elevated with traditional

Agenda Page 44 Agenda Item 4e tudor boarding, tile hanging, brickwork detailing including band courses, verge details and corbels and wet verges etc. The applicants have tried to take traditional details found throughout Chorley, and particularly in this case, the adjacent Duxbury House, to influence the elevation designs at this scheme.

40. Although the two dwellings at the entrance to the residential part of the site appear to create a gateway to the development once the commercial part of the scheme is developed these dwellings will not be viewed as a ‘gateway’. The Urban Design Manager has queried whether these properties can be re-orientated to form a gateway however this is not considered appropriate as it is not known at this stage what form of development will take place on the commercial parcel. The applicants have proposed to provide 1.8m high feature walls at the entrance together with shrub and tree planting to create a distinctive entrance to the residential parcel. As part of the consultation discussions, highways requested that the entrance radii into the residential phase be reduced from 10m to 6m, again to create a definite change between the two parcels to encourage drivers to slow down. As such it is considered that these elements will provide a definitive change between the commercial and residential parts of the scheme.

41. Concern was raised in respect of overlooking to the public open space and equipped play space at the southern part of the site. The plans have been amended with the dwellings re-sited to overlook this area.

42. The Urban Design Manager considered that some of the garage accommodation was too prominent within the street scene. The layout of this site is very restricted due to the topography of the site and although some of the garage accommodation will be visible it is not considered that this design element will have a significant impact on the scheme.

43. Some of the originally submitted house types incorporated ‘tax’ windows which are fake window openings. These are not considered to appropriate design solutions on modern house types and have been removed.

Open Space 44. The proposal incorporates elements of Public Open Space within the site. This will be in the form of informal open space and an equipped play area (1,600 square metres) located within the southern part of the site.

45. Additionally in accordance with Policy HS21 of the Adopted Local Plan provision of playing fields is required due to the size of the proposed residential development. This provision will form part of the Section 106 Agreement and will be provided off site.

Trees and Landscape 46. There are numerous trees on the site which will be removed as part of the development. It was envisaged at outline stage that tree removal would be required as part of the development and condition 20 required each reserved matters application to include full details of the trees to be felled on that phase of the development and to include full details of the replacement tree planting.

47. Several residents have raised concerns in respect of the loss of trees on the site. At outline stage an indicative landscape master plan was submitted which demonstrated that a large number of trees would be removed to accommodate the proposal however the plan also indicated which groups of trees would be retained.

48. The landscape plan submitted with this application follows the principles, in respect of the tree retention and removal, which were established at outline stage and as Agenda Page 45 Agenda Item 4e such it is considered that the removal of the trees is justified. The trees which have the highest amenity value are located within the woodland along the western boundary of the site. This area is also designated as a Biological Heritage site. None of these trees will be affected by the development. These trees are also protected by Tree Preservation Order 9 (Chorley) 1995.

49. A general arrangements plan has been submitted with this application which sets out the proposed landscaping. The Ecologist at Lancashire County Council has raised some concerns in respect of the landscaping as proposed. These concerns relate to the lack of biodiversity maintenance or enhancement, lack of maintenance of habitat connectivity, replacement bird breeding and foraging habitat will be required, lack of details of how the Biological Heritage Site (western boundary) will be protected, the scheme includes non-native and ornamental trees and the lack of information in respect of retention, maintenance and appropriate management of trees, shrubs and hedgerows (within garden curtilages).

50. The Ecologists comments were passed onto the agent for the application. Following receipt of these comments the landscaping was amended and this was forwarded to the Ecologist at LCC for further comment. However the Ecologist has raised concerns that the artist impression plan does not demonstrate whether the scheme will actually maintain habitat connectivity or whether there will be a strong vegetated native species buffer to the Biological Heritage Site (BHS).

51. To address the Ecologists concerns a condition has been attached to the recommendation which requires full details of the proposed habitat connectivity and full details of the proposed native species along the boundary with the BHS.

52. Concerns have been raised about the planting proposed along the boundary with the properties on Little Carr Lane. Prior to this formal submission the scheme, which was presented as part of a public consultation exercise, incorporated a 5 metre strip of mature planting along this boundary however following concerns raised by residents in respect of loss of light and overshadowing this landscaping was removed. The submitted landscape scheme does indicate planting along this boundary however this will be small growing native trees which will not result in loss of light or overshadowing. Additionally a 1.8 metre high close boarded fence with 300mm high trellis on top will be erected along this boundary to provide adequate privacy.

Ecology 53. Due to the nature of the site and the fact that there were previously buildings on site an Ecological Assessment was submitted at outline stage which the Ecologist at LCC reviewed and appropriate conditions were attached to the decision. The Ecologist at LCC has commented on this application and confirmed that the issue of bats was dealt with by condition 29 of the outline permission and, due to the presence of roosting bats, she understands that works will have/will need to be carried out under a European Protected Species licence.

54. A discharge of condition application was considered earlier this year in respect of condition 29 which required further bat surveys prior to the demolition of the buildings and mitigation measures where bat/ bat roosts would be affected. The discharge of condition application was accompanied by a Bat Mitigation Method Statement which the Ecologist considered and confirmed that the proposals seemed reasonable and should be sufficient to ensure that populations of bats, and individual bats, are not harmed by the proposed development.

55. The buildings have now been demolished. Following the high court decision which states that the Local Planning Authority have a legal duty to determine whether the three ‘derogation tests’ of the Habitats Directive implemented by the Conservation

Agenda Page 46 Agenda Item 4e (Natural Habitats &c.) Regulations 1994 have been met when determining whether to grant planning permission for a development which could harm a European Protected Species. The three tests include: (a) The activity must be for imperative reasons of overriding public interest of for public health and safety; (b) There must be no satisfactory alternative and (c ) Favourable conservation status of the species must be maintained. It is considered that these three tests have been met and the proposal will not adversely impact on bats.

Flood Risk 56. Part of the site falls within a Flood Risk Zone 2 and 3. As such Flood Risk Assessments have been submitted as part of the application. The assessment concludes that there is a low flood risk from the River Yarrow and the proposal is acceptable from a flood risk perspective.

57. The Environment Agency have been consulted on this application and have no objection subject to a condition requiring details of a surface water attenuation strategy and conditions relating to remediation and contamination. Similarly United Utilities have no objection subject to various informatives.

Traffic and Transport 58. When the site was fully operational the vehicular access to the site was via Little Carr Lane which is a residential street. However the proposed development will be accessed off Myles Standish Way which has been designed to accommodate significant traffic flows. The transport assessment submitted with the outline application concluded that Myles Standish Way and the junction into the application site, which has already been constructed, will be able to operate well within capacity and will not result in queuing during peak hours.

59. The development incorporates the closure of the access via Little Carr Lane which will have environmental and safety benefits to the existing residential areas. This entrance will still be utilised for pedestrian access and emergency access however the main vehicular access to the site will be via Myles Standish Way

60. Concerns have been raised about utilising Little Carr Lane during the construction period. The developers initially intended to utilise this access for a period of 6 months however condition 18 of the outline planning approval stated that the access link from Little Carr Lane shall cease to be used prior to the commencement of the residential development unless otherwise agreed in writing with the Local Planning Authority. Following further discussion with the Local Authority the developer has been advised that it is not considered appropriate to utilise Little Carr Lane for construction traffic and the developer has agreed that they will not utilise this access. This will be conditioned appropriately

61. The Little Carr Lane access will be available for emergency access and will be managed with appropriate measures, such as drop down bollards, to ensure the access is not utilised by general traffic.

62. The Highway Engineer originally objected to the scheme on various grounds however it appears that he was assessing the wrong layout plan. The Highway Engineer has now been sent the amended layout plan and it is understood, from the applicants, that his concerns have been addressed. However there has been no confirmation of this from the Highway Engineer. His comments will be reported on the addendum.

Agenda Page 47 Agenda Item 4e 63. The scheme incorporates a mixture of 2, 3, 4 and 5 bedroom properties. For the 2 and 3 bedroom properties two off road parking spaces are required and for the 4 and 5 bedroom properties three off road parking spaces are required. The originally submitted scheme did not meet these standards however the scheme has been amended to take into account the parking requirements.

64. For the garages to count as a parking space they are required to accord with the Manual for Streets dimensions of 6x3 metres (single garage). This allows for a car to be accommodated within the garage whilst also incorporating storage space which encourages future residents to utilise the garages for parking rather than solely for storage. The integral garages proposed do not accord with these standards however they are considered sufficient to accommodate a vehicle without storage. In these cases a condition has been attached to the recommendation requiring the provision of a shed within the curtilage of the property which will ensure there is sufficient storage space which will encourage the proprietors to utilise the garage for parking.

65. When the scheme was originally submitted the detached garages did not accord with the Manual for Streets dimensions either. The plans have subsequently been amended increasing the size of the garage accommodation to ensure that it can ‘count’ as a parking space. The length of the proposed double garage however does not meet the required 6 metres however in these instances there is sufficient parking to the front of the garages to accommodate 2 cars and storage within the garage.

Public Right of Way 66. There is an existing public right of way (Footpath No. 41) which runs through the site. It is proposed that this route will be diverted as part of this proposal. An application has been submitted to the Council to divert the public right of way under the provisions of the Town and County Planning Act 1990 (which is the appropriate legislation to utilise when a diversion is required to allow the development to take place). A separate report will be presented to Members in regards to this footpath diversion.

67. A plan has been submitted with the application which demonstrates that route of the proposed diverted footpath which will run from Little Carr Lane through the pedestrian access point and along the main access road of the site to Myles Standish Way. This plan has been forwarded the LCC Public Rights of Way Officer and The Ramblers Association.

68. The Public Rights of Way Officer has commented that it is the landowners responsibility to ensure that the necessary procedures are followed for the legal diversion of a public right of way. An application, as set out above, has been submitted in this regard. The Ramblers Association have raised concerns with the proposed route of the diverted footpath. They have stated that there has been no attempt to maintain any open space along the distance of the diversion and it will be seen as a pavement through an estate. They also state that the footpath should be separate from any proposed cycle ways on the development as it is not a bridleway.

69. At outline stage the Ramblers suggested an alternative route which followed the original route more closely. Any route which follows the original route more closely would result in a route adjacent to/ to the rear of dwelling houses and through the future employment site which is not considered acceptable from a safety perspective. Additionally it is unlikely that users would utilise a route like this opting for the safer lit route along the main highway.

Public Consultation 70. In accordance with the Council’s Statement of Community Involvement the applicants along with their agents undertook consultations with the community prior

Agenda Page 48 Agenda Item 4e to submitting the formal application. A similar exercise was carried out prior to submitting the outline application.

71. The public consultation exercise included an exhibition on 28 th July 2010 to which Ward Members and the public were invited. 57 people attended and 21 comments forms were returned. The main concerns raised were loss of light due to tree planting along the border with Little Carr Lane, properties too close to the existing properties, density too high, concerns over vehicular access to the site from Little Carr Lane and loss of open space.

72. In response to these concerns the developers have amended the scheme, prior to formal submission, as follows: • the proposed houses have been moved further away from the boundary with Little Carr Lane and re-orientated • the originally proposed landscape buffer along the boundary with the Little Carr Lane properties has been removed and the properties incorporate oversized gardens • access to the site will be via Myles Standish Way • existing woodland planting will be retained and an equipped play area provided on site

73. Concerns have been raised in regards to the public consultation in respect of what the residents could comment on and the lack of amendments which have occurred since the comments were received. It is considered that the consultation exercise is in accordance with the Council’s requirements however as part of the planning application stage the Planning Officers will consult neighbouring residents, assess the acceptability of the proposal and the impact on the neighbours.

Sustainability 74. In accordance with the Council’s adopted Policy SR1, the Sustainable Resources DPD and SPD conditions were attached to the outline approval requiring each reserved matters application to provide full details of the predicted energy use of the development expressed in terms of carbon emissions and to demonstrate and provide full details of how the design and layout of the buildings will withstand climate change. The application is accompanied by a Sustainability Statement.

75. This document states that the proposed dwellings will be designed and constructed to Code for Sustainable Homes Level 3 and to achieve this a 25% reduction (compared to 2006 Building Regulations) in CO2 emissions is required. The applicants intend to apply the ‘fabric first’ approach to this development which involves undertaking improvements to the fabric of the buildings which will be followed by additional technologies to meet the required 25% reduction. The applicants have confirmed that they do not intend to provide a 15% reduction in CO2 emissions though renewable technologies.

76. However Policy SR1 of the Council’s Adopted Sustainable Resources SPD and DPD applies to this development hence why conditions reflecting this were attached to the outline planning approval for this site. Condition 15 of the outline approval requires details of the on-site measures to be installed and implemented so as to reduce carbon emissions by means of low carbon sources. The applicants have stated they do not intend to do this however they have been advised that this would be contrary to the adopted Policy and as such a condition will be attached to the approval requiring full details to ensure that the scheme complies with Policy SR1. There is a caveat within the Policy which allows for the percentage reduction of carbon emission achieved through low carbon sources to be reduced where it can be demonstrated that this would render the scheme financially unviable however no financial information has been submitted in this regard. Agenda Page 49 Agenda Item 4e

77. Condition 16 of the outline approval requires full details of how the design and layout of the buildings will withstand climate change. The scheme shall include details of the Code for Sustainable Homes Level, how the proposals minimise energy use and maximise energy efficiency. Policy SR1 requires all dwellings commenced after 2010 to meet Code Level 3. As set out above the applicants intend to do this however full details have not been submitted and as such an appropriately worded condition will be attached to the recommendation.

Contamination and Coal Mines 78. Due to nature of the type of training that took place on site for both water and electricity industries there may be issues with contaminated land in some parts of the site. In addition to this there are thought to be mine shafts across the site. A preliminary risk assessment and mine shaft assessment were submitted as part of the outline application to which both the Council’s Environmental Services Section and the Environment Agency had no objection to subject to suitably worded conditions which were attached to the outline approval.

79. Similar conditions will be attached to this recommendation to deal with contamination and the mine shafts

Drainage and Sewers 80. Concerns have been raised with the capacity of the sewers within the vicinity of the site. The concerns related to utilising connections at Little Carr Lane. However the agent for the application has submitted a plan detailing the proposed foul water and surface water connection on Myles Standish Way. United Utilities have not raised any concerns in respect of sewer or surface water capacities in the area.

Section 106 Agreement 81. A Section 106 Agreement was originally agreed in respect of the outline planning approval. This has been amended as part of the S73 application. This application is a reserved matters application which will be required to comply with the obligations set out within the agreement.

82. The amended agreement incorporates amendments to the obligations. The obligations remain the same and include on site and off site play space provision, 20% affordable housing and a contribution to sustainable transport improvements. However it is now intended that the on site informal and equipped play space will be managed by a private management company (not adopted by the Council) and the commuted sum payments are based on a per dwelling figure to take into account the reduction in the number of dwellings originally envisaged on the site.

Overall Conclusion 83. The principle of developing the site for residential purposes was established with the grant of outline planning permission. It is considered that the proposed development represents the most appropriate re-use of this brownfield site within a sustainable location.

84. The proposal respects the topography of the site whilst creating a suitable scheme for the residential part of the site. The scheme incorporates an element of affordable housing which will contribute to the Council’s corporate objective and it is envisaged that this development will commence early 2011 providing a deliverable housing development within the Borough.

Other Matters

Agenda Page 50 Agenda Item 4e Loss of light and views 85. The application site is located to the south of the existing properties on Little Carr Lane and Duxbury Gardens and as such any development of the site has the potential to impact on the existing dwellings in respect of sunlight. However the principle of developing the site was established at outline stage and the indicative layout submitted at outline stage detailed dwellings within these locations and incorporated three storey dwellings along the boundary with Duxbury Gardens.

86. The originally submitted scheme incorporated 2.5 storey dwellings along this northern boundary with Little Carr Lane however as set out above the parameters established at outline stage restricted the height of the dwellings along this boundary to 2 storeys. The scheme has been amended accordingly to 2 storey dwellings along this boundary. The properties have been set away from the boundary to minimise the impact in respect of loss of light. Loss of views is not a material planning consideration.

Amendments to the proposed layout when compared to the originally submitted layout 87. Concerns have been raised that the layout as submitted is not in accordance with the layout submitted at outline stage with particular reference to the loss of open space adjacent to the boundaries with the properties on Little Carr Lane.

88. Siting, however, was not considered at outline stage and the indicative layout plan submitted was purely to demonstrate that 200 dwellings and 10,800sqm of B1 office space could be accommodated on the site.

89. The indicative layout plan did include an area of open space at the entrance to Little Carr Lane however the proposed layout does not include this. Informal and equipped open space are provided elsewhere on site and the dwellings proposed along the Little Carr Lane boundary are sited to ensure that the amenities of the existing residents are protected.

Waste Collection and Storage 90. The Council’s Waste and Contaminated Land Officer has reviewed the layout from a waste storage and collection basis. He has confirmed that he has no objection to the scheme. He did query where the storage for plot 8 would be located and the agent for the application has confirmed that bins will be stored in the rear garden and brought through the garage on collection days.

Planning Policies National Planning Policies: PPS1, PPS3, PPS9, PPS22, PPS23, PPS25, PPG17

North West Regional Spatial Strategy: Policies DP1, DP4, DP7, RDF1, L4, L5, RT9, EM1, EM5, EM15, EM16, EM17

Adopted Chorley Borough Local Plan Review Policies: GN1, GN5, GN9, EP4, EP9, EP17, EP18, HS4, HS5, HS6, HS21, EM1, EM2, TR1, TR4, TR18

Supplementary Planning Guidance: • Statement of Community Involvement • Design Guide

Joint Core Strategy Policy 1: Locating Growth Policy 2: Infrastructure Policy 5: Housing Density Policy 7: Affordable Housing Policy 17: Design of New Buildings Policy 22: Biodiversity and Geodiversity Policy 26: Crime and Community Safety Policy 27: Sustainable Resources and New Developments Policy 28: Renewable and Low Carbon Energy Schemes Policy 29: Water Management Policy 30: Air Quality

Sites for Chorley- Issues and Options Discussion Paper December 2010 CH0174 Chorley Training and Conference Centre, Little Carr Lane

Planning History 06/00850/CB3 - Creation of an access junction off the proposed Eaves Green Link Road (site area 0.31ha). Approved November 2006

08/01044/OUTMAJ - Outline application for the erection of a mixed use development incorporating residential and B1 employment use following the demolition of the existing buildings (7.2 hectares). Approved December 2008

10/00004/DIS - Application to discharge condition 29 of planning approval 08/01044/OUTMAJ. Discharged January 2010

10/00240/DIS - Application to discharge condition 14 of planning approval 08/01044/OUTMAJ. Discharged April 2010

10/00888/FULMAJ - Application to vary conditions 11, 12 (ground remediation), 19 (surface water attenuation) and 21 (archaeology) of outline planning permission ref: 08/01044/OUTMAJ to enable the site to be developed in phases. Approved 11 th January 2011

Recommendation: Approve Reserved Matters Conditions

1. The proposed development must be begun not later than two years from the date of this permission or not later than six years from the date of the outline planning permission (reference 08/01044/OUTMAJ) Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. All windows in the first floor of the rear elevation on plots 78 and 79 shall be fitted with obscure glass and obscure glazing shall be retained at all times thereafter. Reason: In the interests of the privacy of occupiers of neighbouring property and in accordance with Policy Nos. GN5, HS4 and HS9 of the Adopted Chorley Borough Local Plan Review.

3. The approved plans are:

Agenda Page 52 Agenda Item 4e Plan Ref Received On: Title: 502-102 Rev C 19 January 2011 Planning Layout 502 24 November 2010 Proposed Drainage Connections 1237-903 Rev B 16 November 2010 General Arrangements 115 25 November 2010 Footpath Diversion Plan P.130.10.01 22 October 2010 Existing Site and Tree Survey P.130.10.02 Rev B 22 October 2010 Tree Protection Arrangements 6010/01 Rev A 22 October 2010 Topographical Survey 502-103 Rev A 21 January 2011 Street Scenes 502-101 22 October 2010 Location Plan 502-111 22 October 2010 Site Section Sheet 2 ASPUL-2/101 Rev A 19 January 2011 Aspull EUXTON-3/101 Rev A 19 January 2011 Euxton EPSOM-4F/101 19 January 2011 Epsom CALDY-4R/101 19 January 2011 Caldy OXFORD-3/101 Rev A 19 January 2011 Oxford (Tudor details) OXFORD-3/102 Rev A 19 January 2011 Oxford (Tile hanging details) H119-4/101 Rev A 19 January 2011 Prestbury ALDGATE-3/101 Rev A 19 January 2011 Aldgate LANGLEY-4/101 Rev A 19 January 2011 Langley LANGLEY-4/102 Rev A 19 January 2011 Langley LANGLEY-4/103 Rev A 19 January 2011 Langley (Gable Roof) THORNBURY-4/101 Rev A 19 January 2011 Thornbury SOMERTON-4/101 Rev A 19 January 2011 Somerton APPLETON-4S/101 19 January 2011 Appleton (side entry garage) APPLETON-4S/102 19 January 2011 Appleton (side entry garage)

Plan Ref Received On: Title: APPLETON-4F/101 Rev A 19 January 2011 Appleton (front entry garage) GRANTHAM-5FA/101 Rev A 19 January 2011 Grantham (front aspect) GRANTHAM- 5FA/102 Rev A 19 January 2011 Grantham (front aspect GRANTHAM-5SA/103Rev A 19 January 2011 Grantham (front aspect) GRANTHAM-5SA/101 Rev A 19 January 2011 Grantham (side aspect) NEWBURY-5/101 Rev A 19 January 2011 Newbury (Tudor gable) NEWBURY-5/102 Rev A 19 January 2011 Newbury (Tile hanging detail) NEWBURY-5/103 Rev A 19 January 2011 Newbury (Tudor detail) WAVERTON-5/101 Rev A 19 January 2011 Waverton (Tudor gable) WAVERTON-5/102 Rev A 19 January 2011 Waverton PORTLAND-5/101 Rev A 19 January 2011 Portland (Tudor gable) HARBURY-5/102 Rev A 19 January 2011 Harbury (Tudor Detail) HARBURY-5/101 Rev A 19 January 2011 Harbury (Tudor details) SGL/DETAIL/101 Rev A 19 January 2011 Single Garage DGL/DETAIL/101 Rev A 19 January 2011 Double Garage D-SGL/DETAIL/101 Rev A 19 January 2011 Double & Single Garage TGL/DETAIL/101 Rev A 19 January 2011 Twin Garage SD-?? 22 October 2010 1800 High Close board Fence with 300mm Trellis SD-?? 22 October 2010 1800 High Close board Fence

SD-15-W01 22 October 2010 1800 High Brick Wall with Tile Crease Figure 1 16 December 2010 Vegetated Linear Features and Tree Planting Ashbourne-4/101 19 January 2011 Ashbourne Ashbourne-4/102 19 January 2011 Ashbourne Richmond-4/101 19 January 2011 Richmond Hale-4/101 19 January 2011 Hale Agenda Page 53 Agenda Item 4e 502-122 21 January 2011 Site Sections Location Plan 502-110 Rev B 21 January 2011 Site Sections Sheet 1 502-111 Rev A 21 January 2011 Site Sections Sheet 2 502-112 Rev A 21 January 2011 Site Sections Sheet 3 502-113 Rev A 21 January 2011 Site Sections Sheet 4 502-114 21 January 2011 Site Sections Sheet 5 502-115 21 January 2011 Site Sections Sheet 6 502-116 21 January 2011 Site Sections Sheet 7 Reason: To define the permission and in the interests of the proper development of the site.

4. Within one year of or within the first planting and seeding season following the completion of the access junction (whichever is the sooner) the structure planting along the access road and boundary of the site with Myles Standish Way shall be completed in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. 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.

5. Prior to the commencement of the development hereby permitted the proposed remedial measures and further investigation works shall be carried out in accordance with the recommendations set out in the submitted Preliminary Risk Assessment (Phase 1 Desk Study) by Leyland Kirby Associates dated 9th June 2008, the Ground Investigation and Risk Assessment (Ref CL1301 and CL1302) dated 11th August 2008 and Investigation of Mine Shafts dated 25th July 2008. 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 Government advice contained in PPS23: Planning and Pollution Control.

6. Upon completion of the remediation works for each phase (as identified by LK Consult Limited Figure 1 Drawn August 2010) a validation report for that phase containing any validation sampling results shall be 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 Government advice contained in PPS23: Planning and Pollution Control

7. Prior to the commencement of the development hereby permitted a method statement, setting out proposals for the protection of the Biological Heritage Site during construction, shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be carried out in accordance with the approved methods. Reasons: In the interests of the continued protection of the Biological Heritage Site. In accordance with Policy EP2 of the Adopted Chorley Borough Local Plan Review.

8. Giant hogweed (Heracleum mantegazzianum)is present within the application area. Under the Wildlife and Countryside Act 1981 (as amended) it is illegal to cause the spread of Giant hogweed (Heracleum mantegazzianum). Following an inspection of the site in May 2009 confirmation, in writing to the Local Planning Authority, will be required that Giant hogweed has been eradicated. In the event that the species has not been eradicated a programme of control/eradication of this species shall be submitted to and approved in writing by the Local Planning Authority. The programme shall accord with Environment Agency Guidelines. The development thereafter shall be carried out in accordance with the approved details. Reason: To ensure the eradication of Giant hogweed (Heracleum

Agenda Page 54 Agenda Item 4e mantegazzianum)in accordance with the Wildlife and Countryside Act 1981 (as amended).

9. 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. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

10. The access link from Little Carr Lane shall cease to be used prior to the commencement of the development hereby permitted (including the construction and site clearance stage). Full details of the measures to be implemented to prevent vehicular access except in emergencies shall be submitted to and approved in writing by the Local Planning Authority. The details shall include details of proposed signage, details of the pedestrian/cycle route and samples of the proposed hard surfacing materials. The development thereafter shall be carried out in accordance with the approved scheme. Reason: To ensure the acceptable development of the site and in accordance with Policy GN5 of the Adopted Chorley Borough Local Plan Review.

11. No development approved by this permission shall be commenced until a strategy to attenuate surface discharges from the development to existing ‘greenfield rates’ has been submitted to and approved in writing by the Local Planning Authority. The surface water drainage scheme shall be completed in accordance with the approved strategy. Reason: To reduce the risk of flooding at the site and in accordance with Government advice contained in PPS25: Development and Flood Risk

12. No development shall take place until a programme of archaeological work has been implemented for that zone in accordance with a scheme of investigation which has previously been submitted to and approved in writing by the Local Planning Authority. Reason: The site is situated within an area of known archaeological interest and, as such, the site should be appropriately excavated and the remains recorded and in accordance with Policy Nos. HT11 and HT12 of the Adopted Chorley Borough Local Plan Review.

13. 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 BS5837:2005 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 areas 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. EP9 of the Adopted Chorley Borough Local Plan Review.

14. Surface water must drain separate from the foul and no surface water will be permitted to discharge to the foul sewerage system. Reason: To secure proper drainage and in accordance with Policy Nos. EP17 and EM2 of the Adopted Chorley Borough Local Plan Review.

15. If, during development, contamination not previously identified is found to be present Agenda Page 55 Agenda Item 4e at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with. 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 Government advice contained in PPS23: Planning and Pollution Control.

16. No dwelling hereby permitted shall be occupied until the highway alterations to the site access with Myles Standish Way, to include access roads into the two employment areas located to the east and west of the access junction, as set out on plan reference B3141 P017A, dated 21st November 2008, or any other such works which have been submitted to and approved in writing by the Local Planning Authority, have been completed to the satisfaction of the Local Planning Authority. Reason: In the interests of highway safety and in accordance with Policy No.TR4 of the Adopted Chorley Borough Local Plan Review.

17. No dwelling hereby permitted shall be occupied until that part of the service road which provides access to it from the public highway has been constructed in accordance with plans which have been submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety and in accordance with Policy No.TR4 of the Adopted Chorley Borough Local Plan Review.

18. Prior to the commencement of the residential parcel full details of the proposed residents consultation procedure shall be submitted to and approved in writing by the Local Planning Authority. The details shall include information on how the residents will be kept informed on the progress of the development prior to commencement and during the development period. Additionally details of the main contact / site manager during the development shall be provided to the Local Planning Authority and the residents prior to the commencement of the development. The residents consultation plan shall be implemented and completed in accordance with the approved procedure. Reason: To ensure that the existing residents are fully aware of the progress of the development.

19. The external facing materials detailed on the approved plans shall be used and no others substituted. (Namely Ibstock Birtley Old English, Ibstock Birtley Beamish blend and Ibstock Ravenhead Red Smooth bricks and Russel Grampian (colour slate grey) roof tiles Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

20. 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 and HS4 of the Adopted Chorley Borough Local Plan Review.

21. 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

Agenda Page 56 Agenda Item 4e 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 to be seeded, paved or hard landscaped; 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.

22. 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.

23. No dwelling on plots 1, 2, 3, 15, 16, 21, 32, 33, 36, 37, 38, 39, 41, 48 50, 51, 52, 53, 54, 55, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 71, 72, 74, 75, 78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 90, 91, 92, 95, 96, 97, 98, 99, 100, 101, 102, 121, 122, 123, 124, 125, 126, 132, and134 hereby permitted shall be occupied until garden sheds have been provided in accordance with plans which have been submitted to and approved in writing by the Local Planning Authority. The garden sheds shall be retained in perpetuity thereafter. Reason: The garages are smaller than would normally be provided and therefore to ensure sufficient storage/cycle storage is provided at the properties in accordance with Manual for Streets

24. The garages hereby permitted shall be kept freely available for the parking of cars, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995. Reason: To ensure adequate garaging/off street parking provision is made/maintained and thereby avoid hazards caused by on-street parking and in accordance with Policy No. TR4 of the Adopted Chorley Borough Local Plan Review

25. Prior to the commencement of the development full details of the predicted energy use of the development expressed in terms of carbon emissions shall be submitted to and approved in writing by the Local Planning Authority. If no data specific to the application is available benchmark data will be acceptable. A schedule should include how energy efficiency is being addressed, for example, amongst other things through the use of passive solar design. It will be flexible enough to show the on-site measures to be installed and implemented so as to reduce carbon emissions by the figure set out in policy SR1 of the Sustainable Resources DPD at the time of commencement of each individual plot by means of low carbon sources. Details shall be submitted for on-site measures to be implemented including rainwater/brown water recycling, the implementation of sustainable urban drainage systems and the provision of storage space for recyclable waste materials and composting. Such details as may be approved shall be implemented and retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure the proper planning of the area. In line with the objective of National Planning Policy contained in Planning Policy Statement: Planning, the Climate Change Supplement to PPS1, Policies EM16 and EM17 of the Regional Spatial Strategy and Chorley Borough Council's Sustainable Resources DPD

26. Prior to the commencement of the development full details shall be submitted to demonstrate and provide full details of how the design and layout of the buildings will Agenda Page 57 Agenda Item 4e withstand climate change shall be submitted to ad approved in writing by the Local Planning Authority. The scheme shall include details of the Code for Sustainable Homes Level, how the proposals minimise energy use and maximise energy efficiency. All dwellings commenced after 2010 will be required to meet Level 3, all dwellings commenced after 2013 will be required to meet Level 4 and all dwellings commenced after 2016 will be required to meet Level 6 of the Codes for Sustainable Homes. Such details as may be approved shall be implemented and retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure the proper planning of the area. In line with the objective of National Planning Policy contained in Planning Policy Statement: Planning, the Climate Change Supplement to PPS1, Policies EM16 and EM17 of the Regional Spatial Strategy and Chorley Borough Council's Sustainable Resources DPD

27. Prior to the commencement of the development full details of the equipped play area hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The details shall include information in respect of the proposed equipment and a written schedule for the implementation of the equipped play area. The play area thereafter shall be implemented and completed in accordance with the approved schedule and prior to the occupation of the dwelling houses on plots 31, 40-50, 103, 28-30 and 104. Reason: To ensure adequate provision for public open space and play area within the development and in accordance with Policy Nos. HS20 and HS21 of the Adopted Chorley Borough Local Plan Review.

28. Prior to the commencement of the development a habitat creation/enhancement and management plan shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of the proposed habitat connectivity and the vegetated native species buffer zone along the western boundary of the site (adjacent to the BHS). Thereafter the approved management plan shall be implemented in full. Reason: To ensure that habitat connectivity is provided throughout the site and to ensure the protection and enhancement of the Biological Heritage Site. In accordance with Policy EM1 of the North West Regional Spatial Strategy.

29. Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences and walls to be erected, including the proposed retaining structures, (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.

30. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (Schedule 2, Part 1, Classes A to E), or any Order amending or revoking and re-enacting that Order, no alterations or extensions shall be undertaken to the dwellings on plots 7, 10, 11, 12, 13, 14, 15, 16, 32, 33, 35, 36, 37, 38, 40, 41, 42, 69, 70, 71, 72, 73, 74, 75, 76, 77, 81, 83, 84, 85, 87, 88, 91, 93, 96, 97, 98, 99, 100, 101, 102, 103, 113, 114, 115, 116, 117, 118, 119, 121, 122, 125, 126, 127, 128, 129 and 130 hereby permitted, or any garage, shed or other outbuilding erected (other than those expressly authorised by this permission). Reason: To protect the appearance of the locality and in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

Agenda Page 58

This page is intentionally left blank Agenda Page 59 Agenda Item 4f Application No: 10/01067/FULMAJ

Case Officer: Caron Taylor

Ward: Chisnall

Proposal: Change of use from of former auction house (part of building) to a mixed use comprising warehouse/recycling space, retail space and office/ancillary space for Help the Homeless.

Location: Unicorn Fairs South Hall Park Hall Park Hall Road Charnock Richard

Applicant: Help The Homeless Ltd

Consultation expiry: 26 January 2011

Application expiry: 9 March 2011

Proposal 1. The application is for a change of use from a former auction house (part of building) to a mixed use comprising warehouse/recycling space, retail space and office/ancillary space for Help the Homeless.

Recommendation 2. It is recommended that planning permission is granted subject to conditions restricting it to a three year temporary permission and for the use by the charity only.

Background 3. The proposal is to use the building for a warehouse/recycling space, retail space plus office and ancillary accommodation. The applicant, Help the Homeless intend to lease the building for three years as they intend to move into Chorley Town Centre in the long run (subject to any necessary permission), however the building they have identified has been found to have asbestos and the charity are awaiting funding to progress it. They therefore need a temporary solution in the mean time.

Main Issues 4. The main issues for consideration in respect of this planning application are: • Principle of the Proposal • Design and Appearance • Impact on the Neighbours’ amenities • Highways and Parking

History 4. The building was originally built as a swimming pool but its latest use has been as an auction house.

Representations 5. One letter of no objection to the proposal has been received from a resident in Standish, Wigan.

Consultations 6. Lancashire County Council Highways – Have no objection to the proposal. The change of use will attract various people to visit. In the case of previous use of the building as auction house there were still the people visiting. There is therefore no significant impact on the highways as such. There is a parking facility available for visitors. It is not anticipated that there will be an increased number of visitors.

7. Planning Policy – State the retail element of the scheme is contrary to policy and this

Agenda Page 60 Agenda Item 4f proposal stands to be considered against the development management policies contained in PPS4 and Chorley Local Plan policy SP1 for retail development proposals outside recognised shopping centres. A sequential assessment should have been undertaken. In this case they believe the applicants need to show more clearly the steps they have taken to find suitable premises within or adjacent to a recognised shopping centre. They should also include evidence that they have sought information and advice from the Council’s Economic Development Unit, especially its “vacant units study” database. However, given the applicants’ urgent need for temporary accommodation, they believe this level of evidence will satisfy the requirements of the sequential test, subject to the comments below.

8. When considered against policy SP1, my assessment of the criteria is as follows: (a) no expected environmental impact (no alterations to the external treatment of the existing building); (b) no expected additional pressure on the road network or car parking; (c) the applicant needs to demonstrate that no other units are available in a recognised shopping centre to meet their specific needs.

9. In terms of the criteria for sites outside Chorley Town Shopping Centre, the applicants require a large single floor area and storage and retail facilities, and their use of the building at Park Hall will include using some of the large adjacent car park for customers. The building will be suitable for their short-term needs with relatively minor internal alterations. The only concern they have in connection with policy SP1(ii) is that the site is not well served by public transport. The applicants have indicated that there is every intention to move back to a town centre location when it is available (funding for the refurbishment of the building in Chorley Town is expected to be secured in 2011). Bearing this in mind, and also acknowledging that the building is physically suitable for the proposed use, it is recommend that a temporary consent be granted to the applicants, pending the availability of more suitable premises and that any consent is restricted to the applicant only. This should help allay the concerns of others (regarding the use of premises at Park Hall) and help avoid the creation of a precedent for unrestricted retail uses at this location.

Assessment Principle of the Development 10. The site is in the Green Belt but is allocated as a Major Developed Site under policy DC6 of the Local Plan. However, the proposal does not propose any external alterations or extensions. In addition it is not considered the proposal will result in an increase in people visiting than the current use of the building as an auction house. It is therefore not considered that the proposal will result in an unacceptable intensification of the use in the Green Belt.

11. Policies EC14 and EC15 of PPS4 are relevant to the application along with policy SP1 of Adopted Chorley Borough Local Plan Review. These polices apply to retail development outside recognised shopping centres.

12. Policy EC14.3 of PPS4 requires a sequential assessment (under EC15) to be carried out for planning applications for main town centre uses that are not in an existing centre and are not in accordance with an up to date development plan. This requirement applies to extensions to retail or leisure uses only where the gross floor space of the proposed extension exceeds 200 square metres. The agent asserts that a sequential assessment is not required as there is no physical extension to the building. However, it is considered that this proposal should be considered as an extension of retail floor space as the proposal will create additional retail floor space over 200 square meters. However, this case is somewhat unusual. The proposal is for a temporary use of the building for three years while the charity seeks funding for a more central building in Chorley. The use will be half retail and half warehouse/recycling. The charity will take in damaged donated items and renovate them in part of the building and sell them in the front part. The items will be bulky goods such as sofas, chairs, tables etc. The charity are currently housed in a church which is being sold and Agenda Page 61 Agenda Item 4f they therefore need to find another location. As stated previously the applicants had found an alternative building however asbestos has been found and they are seeking funding to progress this. They therefore need temporary accommodation for the use. It is considered the building is a short-term solution to the accommodation problem of the charity. It is accepted that a sequential test would normally have been required for what is a town centre use, however this is a short-term solution to the charity and they are prepared to accept a condition restricting the use to a temporary 3 year permission and that it be restricted to the charity only. It is considered this will control the use sufficiently to prevent an unrestricted A1 use at the site that would be contrary to policy.

13. In terms of criteria (ii) of policy SP1 it is accepted that the use is not well served by public transport. However, as this is only a temporary use and that the lawful use of the building could also generate a lot of traffic it is considered acceptable on a temporary basis.

Design, Appearance and Layout 14. The proposal does not involve any external alterations to the building.

Neighbour Amenity 15. There will be no impact on neighbouring properties as the building is within the Park Hall complex where there are no neighbouring residents.

Access and Parking 16. Access and parking to the site will remain as exists. A large area of existing parking is available to the front and rear of the unit which is considered sufficient for the proposal.

Overall Conclusion 17. The application is recommended for approval on a temporary basis and restricted to the charity only. This will be controlled by conditions.

Planning Policies PPS4, PPG2, SP1, DC1, DC6

Recommendation: Permit Full Planning Permission 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 51 of the Planning and Compulsory Purchase Act 2004.

2. The approved plans are: Plan Ref. Received On: Title: 10-1631 LO1 9 December 2010 Site Location Plan 10-1631 EX01 9 December 2010 Existing Floor Plans 10-1631 P01 9 December 2010 Proposed Floor Plans Reason: To define the permission and in the interests of the proper development of the site.

3. The use hereby permitted shall be carried on only by Help the Homeless Ltd and shall be for a limited period of 3 years from first occupation of the building. When the premises cease to be occupied by Help the Homeless Ltd or at the end of 3 years from first occupation of the building whichever shall first occur, the use hereby permitted shall cease. Reason: The permission was granted on a temporary basis having regard to the special circumstances advanced in support of the application, however the use would be inappropriate to the locality on a permanent basis and in accordance with PPS4 and Policy No. SP1 of the Adopted Chorley Borough Local Plan Review.

Agenda Page 62

This page is intentionally left blank Agenda Page 63 Agenda Item 4g

Application No: 10/01095/FUL

Case Officer: Mr Matthew Birkinshaw

Ward: Adlington & Anderton

Proposal: Demolition of the former pub/restaurant and the erection of 4 detached dwellings with associated works

Location: Sultan's Palace Indian Restaurant Bolton Road BL6 7RW

Applicant: Squirrel Investments

Consultation expiry: 27 January 2011

Application expiry: 10 February 2011

Recommendation 1. It is recommended that full planning permission is granted, subject to conditions and the applicant entering into a S106 legal agreement.

Proposal 2. The application seeks full planning permission for the demolition of the former Sultan’s Palace Indian Restaurant (previously Squirrel Hotel) and erection of 4no. detached dwellings. Each property will be slightly different in appearance with varying architectural styles and detailing using a mix of red facing brick, stone and white render. All of the 2-strorey properties have approximately the same footprint and height with 4/5no. bedrooms, garden rooms to the rear taking advantage of the south facing aspect, and detached garages.

3. The proposed site plan shows the existing two access points to remain each serving two plots set back from the road by approximately 25m – slightly forward from where the existing building is sited. Each property has a detached double garage set back behind the main house, utilising the natural fall in levels across the site from the main road to restrict views of these outbuildings.

4. New landscaping is proposed to the front of the site in the form of a common beech hedge which will be set behind a new stone wall with railings. Elsewhere the landscaping plan shows the planting of a mix of rowan, wild cherry and silver birch trees to the front of each plot to help screen the properties.

Application Site and Background 5. The application site fronts onto the A673 Bolton Road located just before the boundary with Horwich, within the Green Belt. The site is bounded to the north by the main road and a small lay-by, to the east by Squirrel Lane, bounded to the south and west by open fields. The nearest residential properties to the application site are the 2no. semi- detached houses on Squirrel Lane to the south east.

6. Since purchase by the applicant in 2008 the site has been subject to arson attacks, ongoing vandalism, and with several attempts by travellers to take up residence. The latest arson attack has left the building in a state of disrepair, with much of the roof structure and rear of the building collapsed, with the remaining structures badly water damaged. Space around the building on what was the old car park has been used informally for fly-tipping as well as showing signs of recent bonfires. Vegetation to the rear of the site has been largely removed or cut back following access from the south by fire and rescue vehicles.

Agenda Page 64 Agenda Item 4g 7. The applicant has been in discussion with Planning Officers for some time regarding finding a suitable alternative for the site and the current proposals have evolved over a number of months. Options explored and discounted throughout the pre-application process involved a larger affordable housing scheme, a new commercial/hotel use, and a larger single residence.

Main Issues 8. The main issues for consideration in respect of this planning application are:

• Principle of Development; • Design and Appearance; • Landscaping and Nature Conservation; • Impact on Residential Amenity; • Access and Parking; and • Other Material Planning Considerations.

Representations 9. One letter of objection has been received from a neighbouring resident concerned with the disposal of foul sewage, stating that the restaurant used to have problems with the existing sceptic tank and the site had ongoing drainage issues.

10. Another local resident has contacted officers with concerns over the appearance of the red brick properties which are not in keeping with the surrounding area – although no formal written representations have been received to date.

Consultations 11. Chorley Borough Council Environmental Health – No objections. However, it is proposed that given the sensitive end use proposed and uncertainty over historic uses of the site a pre-commencement condition is attached requiring the applicant to carry out investigations into the possibility of contaminants being present prior to the commencement of development.

12. Lancashire County Council Highways – No objections subject to the applicant providing improvements to the adjacent lay-by which is adopted highway land, and improving the visibility splay of the existing access serving Plots 3 and 4. LCC Highways have confirmed that these improvements are required to make the scheme acceptable and therefore conditions are proposed to secure their implementation prior to occupation.

13. Lancashire County Council Ecology – No objections. The building appears largely unsuitable to support roosting bats and demolition during the winter period would unlikely to have any impact. However, despite it’s condition the building may still be used for nesting birds. If demolition is carried out during winter months it is reasonably unlikely that nesting birds would be present. Consideration should be given to the incorporation of bat roosting and bird nesting opportunities within the proposed development.

14. Lancashire County Council do not have records of amphibians (great crested newts, common toads) in this area, although there are several ponds in the wider area that may be suitable to support amphibians. If amphibians are present in the wider area, they could potentially use suitable habitats within the application area. However, the majority of the application area appears unsuitable (i.e. made ground, improved grassland, disturbed land). Natural England guidance suggests, given the amount of habitat within the application area, and the distance to the nearest potential breeding pond, that offences (impacts on newts) are reasonably unlikely.

15. Moreover, the areas of the site that are most suitable to support protected or priority species are apparently being retained within the proposed development (e.g. hedgerows, boundary features). Therefore, provided these areas of retained habitat Agenda Page 65 Agenda Item 4g (e.g. hedgerows, boundary features) are adequately protected during construction, impacts on amphibians seem reasonably unlikely.

16. Chorley Borough Council Tree Officer – No comments received.

17. Chorley Police Architectural Police and Crime Reduction Officer – No objection. The Crime Reduction Officer has advised the applicant at the pre-application stage on boundary treatments. The officer confirms that the site has been subject to ongoing vandalism and theft and considering the run-down nature of the site the proposal would do nothing other than enhance the area.

18. United Utilities – No comments received.

19. Bolton Metropolitan Borough Council – No comments received.

20. Parish Council – No objection. Whilst the proposal will result in the loss of a community amenity and employment opportunity the condition of the site, ongoing problems and it’s gateway location mean that the application represents the best option for ensuring the long term upkeep of the area. The Parish Council would however like to see a scheme of landscaping as part of a condition to any planning permission include planting on the road side of the proposed new stone wall.

Assessment

Principle of Development 21. The application site lies within the Green Belt between Adlington and Horwich. The proposal for new residential development is therefore inappropriate development defined by both PPG2 and Local Plan Policy DC1. Only where the applicant can demonstrate very special circumstances can planning permission be granted in accordance with these policies.

22. PPG2 states that very special circumstances required to justify inappropriate development will not exist unless the harm to the Green Belt is clearly outweighed by other considerations. These considerations can either be a cumulative combination of factors, or a single consideration so very special that it outweighs harm to the Green Belt. The most important attribute of Green Belt’s is their openness, or freedom from built development.

23. In terms of establishing the actual harm to the Green Belt the applicants have submitted information on the footprint and volume of built development both existing and proposed. This confirms that the 4no. new dwellings will represent an increase in built development compared with the existing buildings of approximately 26% in volume, but involves the removal of a large area of hard standing currently used as car parking.

24. The supporting statements go on to state that this limited harm to the Green Belt is clearly outweighed by the circumstances of the site, namely; • The image and condition of the site; • The ongoing criminal damage and issues of residential amenity; • Alternative uses explored by the applicant; and • Sustainability.

25. The application site occupies a prominent location fronting one of the main roads into Chorley, has been vacant for some time, is fire damaged and the majority of the main building has collapsed. This has a negative impact on the image and appearance of the immediate environment and with the buildings incapable of re-use in their current state of disrepair this situation will only deteriorate without suitable redevelopment coming forward.

26. Submitted with the application is a Crime Report which provides documentary evidence

Agenda Page 66 Agenda Item 4g of ongoing incidents involving the police over the past 18 months, including travellers on the site, repeated burglaries, criminal damage, and arson. Local residents have contacted the planning department citing the ongoing problems associated with the vacant site which is having a detrimental impact on local amenity. Redevelopment of the site will therefore have a positive impact on not only the appearance of the site but also the amenity enjoyed by neighbouring residents.

27. Another consideration in the planning balance is the efforts which the applicant has gone to in finding an alternative commercial use, and the viability and feasibility of the site. A Marketing Report has been submitted with the application which includes statements and sales particulars from a number of local agents. This confirms that the site was marketed to both national and regional pub/restaurant companies however with the declining pub market coupled with the relatively rural location of the site this does not represent a financially viable redevelopment opportunity for a similar use. Likewise, hotel and office operators have not shown an interest given the location of the site.

28. Terms were agreed for the sale of the site in March 2010 for an affordable housing scheme, but the level of housing proposed to make a scheme viable would be unsuitable in this Green Belt location representing an unacceptable impact on the openness of the site.

29. Based on this information it is reasonable to conclude that efforts have been made by the applicant to market the site over a number of years however new commercial uses ofa size appropriate in the Green Belt would be unviable.

30. One of the reasons for the lack of interest in finding an alternative commercial use comes from the location of the site, which whilst on a main road is in a relatively rural location uncompetitive against other more suitable premises in urban areas. Given the lawful use of the site for a large restaurant (which benefitted from a 68-space car park) the redevelopment proposal for 4no. single properties represents a more sustainable use of the site; synonymous with the objectives of PPS1 in re-using previously developed land and buildings. The new scheme will therefore establish a more appropriate, considerably less intensive land use in this rural location.

31. In summary, it is considered that the improvements which will be brought about to the site, surrounding area, the amenity of neighbouring residents, and considering the viability / suitability of another intensive commercial use in a rural area these factors outweigh the harm caused to the Green Belt – which in terms of the impact on openness will be limited. The scheme proposed is considered to represent the best opportunity in bringing about the re-use of this site whilst having a limited impact on the openness of the Green Belt. The applicant has therefore complied with the tests of PPG2 and Local Plan Policy DC1 and the development is acceptable in principle.

Design and Appearance 32. In assessing the design and appearance of the properties Local Plan Policies GN5, HS4 and the Council’s Design Guidance SPD are relevant. All require new housing to be well related to their surroundings in terms of appearance, layout and scale. This is also reflected in the emerging Joint Core Strategy Policies 5 and 17 relating to design, which are a material consideration in the assessment of this application.

33. In support of the application the applicant has submitted a Design and Access Statement which includes local property references and a photographic analysis of the surrounding area. This confirms that there are a mix of house types and architectural styles but with a predominance of older local stone/render, and more modern red brick properties. The nearest properties are those to the south east corner of the site located on Squirrel Lane constructed from red brick with rendered finish.

34. The houses proposed follow the local character as advocated by Local Plan Policy GN5 and HS4. Whilst each will be slightly different, as is the local style, the houses will Agenda Page 67 Agenda Item 4g have a traditional appearance incorporating a mix of stone quoins, cills and grey slate roof tiles constructed in either stone with render or red facing brick. A traditional stone wall is proposed to the front of the site following the local context and removing the relatively modern low brick wall surrounding the car park.

35. The layout also follows the prevailing character of larger residential properties in the surrounding area, facing the street with large private gardens to the rear. In terms of the set back this has been discussed with planning officers at the pre-application stage and is considered to represent the best solution for the site, allowing for sufficient boundary landscaping to the front of the site which helps reduce the visual impact but without setting the development too far back into the Green Belt.

36. Setting the properties back in the position indicated also utilises the natural topography of the site further reducing the visual impact – especially for the detached garages. Earlier design options had looked at the incorporation of garages as part of each house however this option was rejected due to the impact on site levels a basement garage would require – with more conventional detached garages favoured which would have less visual impact.

37. In terms of scale each property will be 2-storey, all approximately 8m to ridge level. This also follows the surrounding residential context and will be consistent with other similar larger detached properties and the generous semi-detached houses to the south east. The layout and land levels across the site also help reduce the scale of the development as viewed from the main road.

38. In summary, the appearance, layout, and scale of the development are considered to be acceptable. They follow the design and appearance of other detached residential properties in the local area and have been carefully sited to reduce their scale and appearance without encroaching further back into the site and Green Belt. The proposal therefore complies with the requirements of Local Plan Policies GN5, HS4, the Council’s Design Guidance SPD, and emerging Core Strategy Policies 5 and17.

Landscaping and Nature Conservation 39. The application site at present consists of the fire damaged former pub/restaurant buildings and areas of hard standing with hedge and tree planting around the periphery of the site. A tree survey accompanies the application which confirms that all the existing specimens are in generally good condition and does not seek to remove any trees only to thin and cut back areas around the site to improve density. A number of additional trees and hedge planting is proposed which will significantly improve the landscape qualities of the site complying with the requirements of Local Plan Policy EP9. These works will represent a significant improvement to the current site. Specific details will be made the subject of a pre-commencement condition.

40. With regard to nature conservation Local Plan Policy EP4 seeks to restrict development that would have a detrimental impact on protected species. Whilst the proposal involves the demolition of a vacant building in a rural location no bat survey has been submitted by the applicant.

41. Advice was taken from the LCC Ecologist at the pre-application stage which confirmed that given the fire had destroyed/substantially damaged the building (including celings/beams and the roof) then it is unlikely that bats would be roosting in the remains of the building. Therefore demolition in the winter months and in accordance with best practice would be unlikely to have an impact on these protected species.

42. In terms of other protected species LCC have confirmed that they do not have records of any amphibians (such as great crested newts) although there could be some present in the wider area. However, the majority of the site is made ground, disturbed grass, and the fire damaged building and therefore in accordance with Natural England guidance the impact on amphibians would be unlikely. Moreover, the areas of the site which could support amphibians (such as hedgerows) are being retained, therefore

Agenda Page 68 Agenda Item 4g subject to the implementation of best practice in construction there will be no impact on biodiversity in accordance with PPS9 and Local Plan Policy EP4.

43. An informative to this permission is therefore proposed to make the developer aware of their responsibilities under this separate legislation as relates to the possible presence of protected species.

44. LCC have also confirmed that the building ma have supported bats prior to fire damage given the rural area and proximity to mature trees and therefore a condition is proposed to secure new roosting opportunities prior to occupation of the new properties.

Impact on Residential Amenity 45. In addition to the design requirements Local Plan Policy HS4 also requires new residential development to provide reasonable privacy and amenity for occupants of both future and surrounding properties. The nearest properties are the 2no. semi- detached dwellings on Squirrel Lane to the south-east. However, both are situated over 50m from the nearest dwelling proposed separated by substantial mature landscaping both existing and proposed. It is reasonable to suggest that the proposal will have a direct positive impact on their amenity, removing the existing buildings which are subject to ongoing vandalism and criminal damage and resulting in a more appropriate land use considering the commercial nature of the previous commercial premises.

46. In terms of the residential amenity of future residents each plot will be approximately 8m apart, again separated by new landscaping. The layout of each plot also follows the same footprint and siting which reduces any overlooking or over-shadowing which would be caused between each dwelling.

47. The impact on both the existing and future residents will therefore be minimised by the siting and layout of properties and will not give rise to any detrimental impact on amenity. The proposal is therefore considered to be acceptable in accordance with Local Plan Policy HS4.

Access and Parking 48. Local Plan Policy TR4 sets out the development control criteria for new development which must provide a safe and adequate access, not lead to additional congestion, and include appropriate levels of car parking.

49. In terms of the access the proposal seeks to utilise the existing site entrances serving the restaurant car park. LCC Highways have assessed these proposed junctions and confirmed they are acceptable in principle, although the shared access serving Plots 3 and 4 should be moved slightly and improved to provide sufficient visibility along Bolton Road to the west. A condition is therefore proposed requiring details of improvements to be submitted to and approved by the Local Planning Authority.

50. The existing lay-by to the front of the site is adopted highways land. In response to the application LCC have requested that this area is improved, including dropped kerb, verge, footpath, and new road markings. At present there is no safe pedestrian route along the front of the site. An additional condition is therefore proposed requiring the highway alterations to the site to have been agreed in writing prior to the properties being occupied. To implement this planning permission a separate legal agreement will therefore be required with the County Council as Highway Authority.

51. In terms of parking and congestion the scheme is also considered to be acceptable, removing an intensive commercial use with large car park with 4no. detached properties. With each property containing a separate double garage and substantial driveways there will also be sufficient parking for up to 3no. vehicles in accordance with Council guidelines.

52. The proposal is therefore considered to be acceptable in highway terms and meets the Agenda Page 69 Agenda Item 4g tests of Local Plan Policy TR4.

Other Material Planning Considerations

Loss of Employment / Economic Development 53. In the assessment of this application Local Plan Policy EM9 and it’s Supplementary Planning Guidance regarding the loss of employment sites for non-employment uses are not relevant. Both define employment uses as those falling within Use Classes B1, B2, B8, or A2; with the former restaurant having a Class A3 use.

54. Notwithstanding this PPS4 defines the former restaurant as economic development which it seeks to promote. This represents the latest national guidance and is a material consideration in the assessment of this application.

55. Whilst the emphasis of PPS4 is to promote economic development this has to be weighed in the planning balance against the site and surroundings. In this instance is it considered that a non-commercial use for 4no. houses would be more appropriate and more sustainable in this rural location, removing what was an intensive ‘town centre’ use from an out of town rural location. The applicant has also demonstrated through a period of marketing the site that a new commercial use would be unviable and there has been no demand for a replacement restaurant / hotel.

56. Considering this position and the benefits of improving the site and surrounding environment this collectively outweighs the need to re-use the site for continued commercial purposes.

Open Space, Sport and Recreation 57. The Council’s adopted Interim Planning Guidelines for New Equipped Play Areas Associated with Housing Developments is relevant in the assessment of this application. This requires a financial contribution towards the provision of equipped / informal play space and playing fields associated with this application currently set at £1,379 per dwelling.

58. A Section 106 agreement is necessary to secure this contribution and therefore this planning application is recommended for approval subject to the signing of this legal agreement.

Lighting 59. As part of the application the proposed site plan illustrates the position of security lighting throughout the site. Local Plan Policy EP21A is relevant and seeks to restrict external lighting unless it is the minimum required and will not cause nuisance to neighbours.

60. Whilst it is reasonable to suggest that some level of lighting will be necessary no specific details have been given on the type proposed, it’s height, orientation or lumination levels. It is therefore necessary to impose a planning condition requiring specific details to be submitted to and approved in writing prior to occupation of the properties, ensuring that any lighting proposed does not have a detrimental impact on neighbouring residential amenity or the rural character of the area.

Drainage 61. In response to the application a local resident to the south east of the site has raised concerns over how the properties will discharge foul sewage, citing ongoing issues over the suitability of an existing sceptic tank used to serve the restaurant, and wider site drainage issues.

62. The applicant has illustrated that foul sewage will be disposed of via sceptic tank – the adequacy and suitability of which will be controlled through the building regulations process and there is no requirement under the planning process to implement any further duplicate controls.

Agenda Page 70 Agenda Item 4g

63. To ensure that the development does not lead to any potential flooding or drainage issues conditions are proposed requiring both foul and surface waters to drain on separate systems.

Overall Conclusion

64. The proposal seeks planning permission for the demolition of the former pub and erection of 4no. detached houses. Whilst the development by definition is inappropriate in the Green Belt the applicant has demonstrated very special circumstances which outweigh the harm caused to the Green Belt. The proposal therefore meets the requirements of PPG2 and Local Plan Policy DC1 and is acceptable in principle under these policies.

65. The site has been subject to ongoing vandalism over a number of months to the detriment of the surrounding residential amenity and the character and appearance of the surrounding environment. The applicant has also marketed the premises for new commercial uses over the past 2 years which have proved to be unviable in this rural location. This less intensive residential scheme is therefore considered to be a more suitable and sustainable use and represents the best option for securing the long term future of the site.

66. The design of the scheme has come forward in consultation with planning officers at the pre-application stage and the properties reflect local characteristics in terms of their appearance and scale in accordance with Local Plan Policies GN5, HS4 and the Design Guide SPD. The layout is also acceptable and helps minimise the visual impact of the properties in the Green Belt by utilising the land levels across the site.

67. The scheme is also acceptable in terms of access and car parking seeks to simply re- use existing access points serving the former restaurant car park. Residential amenity of the surrounding residents will also be improved as will the landscape context of the site without having any impact on protected species.

68. The proposal therefore complies with all the relevant policies of the adopted Development Plan and it is recommended that full planning permission is granted subject to conditions and the applicant entering into a Section 106 legal agreement.

Planning Policies National Planning Policies: PPS1, PPG2, PPS4, PPS9

Adopted Chorley Borough Local Plan Review Policies: DC1, GN5, HS4, TR4, EP4, EP9, EP21A

Supplementary Planning Guidance: • Statement of Community Involvement • Design Guide

Chorley’s Local Development Framework • Joint Core Strategy Policy 5 – Housing Density and Policy 17 – Design of New Buildings

Planning History

The planning history of the site is as follows:

Ref: 04/00002/INV Decision: APPVAL Decision Date: Description: Retrospective application for the display of external illuminated signs. Agenda Page 71 Agenda Item 4g

Ref: 04/00415/ADV Decision: REFADV Decision Date: 15 June 2004 Description: Retrospective application for the display of external illuminated signs.

Recommendation: Permit (Subject to Legal Agreement) 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 51 of the Planning and Compulsory Purchase Act 2004.

2. Prior to the commencement of development (which for the purpose of this condition shall include the demolition phase) a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall specifically include details of working practices, site management, hours of operation, construction routes into and around the site, and the location of any storage or site compounds. Reason: To protect the residential amenity of neighbouring residents during the construction phase and in accordance with Policy No HS4 of the Adopted Chorley Borough Local Plan Review.

3. Due to the size of development and sensitive end-use, the development hereby permitted shall not commence until the applicant has submitted to and had approved in writing by the Local Planning Authority a report to identify any potential sources of contamination at the site and where appropriate, necessary remediation measures. The report should include an initial desk study, site walkover and risk assessment and if the initial study identifies the potential for contamination to exist on site, the scope of a further study must then be agreed in writing with Local Planning Authority and thereafter undertaken and shall include details of the necessary remediation measures. The development shall thereafter only be carried out following the remediation of the site in full accordance with the measures stipulated in the approved report. Reason: In accordance with PPS23.

4. No development shall take place until a scheme has been submitted to and agreed in writing with the Local Planning Authority in conjunction with the Highway Authority which demonstrates how the existing site access serving Plots 3 and 4 can be improved and altered to allow for the necessary visibility along Bolton Road for future occupiers of these properties. The approved scheme shall be implemented in full prior to the occupation of the dwellings hereby permitted. Should a new access be required then the existing access shown to the front of Plot 4 shall be physically and permanently closed in accordance with a scheme to be agreed in writing with the Local Planning Authority. Reason: To ensure adequate visibility at the junction to Plots 3 and 4 and in accordance with Policy No. TR4 of the Adopted Chorley Borough Council Local Plan Review.

5. No part of the development hereby approved shall commence until a scheme for the construction of the site access and the off-site works of highway improvement has been submitted to, and approved by, the Local Planning Authority in consultation with the Highway Authority. Reason: In order to satisfy the Local Planning Authority and Highway Authority that the final details of the highway scheme/works are acceptable before work commences on site.

6. No development shall take place until a scheme for pedestrian improvement works to the front of the site along Bolton Road including a new 2m wide footway and grass

Agenda Page 72 Agenda Item 4g verge including pedestrian drop crossing shall have been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that adequate pedestrian routes are provided to and from the application site and in accordance with Policy No. TR4 of the Adopted Chorley Borough Council 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 and HS4 of the Adopted Chorley Borough Local Plan Review.

8. 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.

9. 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.

10. Before the development hereby permitted is first occupied, the car park and vehicle manoeuvring areas shall be surfaced or paved, drained and marked out all in accordance with the approved plan. The car park and vehicle manoeuvring areas shall 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.

11. Notwithstanding the details shown on the submitted plans, the proposed driveway/hardsurfacing to the front of the property shall be constructed using permeable materials on a permeable base, or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the boundaries of the property (rather than to the highway), unless otherwise agreed to in writing by the Local Planning Authority. Reason: In the interests of highway safety and to prevent flooding, in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review and PPS25

12 . Surface water must drain separate from the foul and no surface water will be permitted to discharge to the foul sewerage system. Reason: To secure proper drainage and in accordance with Policy Nos. EP17 of the Adopted Chorley Borough Local Plan Review.

Agenda Page 73 Agenda Item 4g 13 . 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 to be seeded, paved or hard landscaped; 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.

14 . 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.

15. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (Schedule 2, Part 1, Classes A to E), or any Order amending or revoking and re-enacting that Order, no alterations or extensions shall be undertaken to the dwelling(s) hereby permitted, or any garage, shed or other outbuilding erected (other than those expressly authorised by this permission). Reason: To protect the appearance of the locality and in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

16. Prior to the occupation of any dwelling hereby approved full details of the lighting columns illustrated on the proposed plans shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include the height, position, appearance and output of any lighting columns to be erected. The development shall only be carried out in conformity with the approved details. Reason: In the interests of the character and appearance of the area, the amenities of neighbouring residents and in accordance with Policy No. GN5, HS4, and EP21A of the Adopted Chorley Borough Council Local Plan Review.

17. 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) have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved details. Reason: To ensue a satisfactory form of development in the interest of visual amenity of the area and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

18. The development hereby permitted shall not commence until samples of all external facing materials to the proposed building(s) (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, DC8A, DC8B, HT2, HT3, HT7, HS4, HS9, EM3, EM4A and EM5 of the Adopted Chorley Borough Local Plan Review.

Agenda Page 74

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Application No: 10/01012/FULMAJ

Case Officer: Caron Taylor

Ward: Astley And Buckshaw

Proposal: Landscape proposals to two area's of green corridor and communal space at land adjacent to parcels J and L

Location: Parcel J and L Buckshaw Avenue Buckshaw Village

Applicant: Mr S J Ward

Consultation expiry: 22 December 2010

Application expiry: 14 February 2011

Proposal 1. The application is for landscape proposals to two area's of green corridor and communal space at land adjacent to parcels J and L on Buckshaw Village.

Recommendation 2. It is recommended that planning permission is granted subject to conditions.

Main Issues 3. The main issues for consideration in respect of this planning application are: • Principle of the Proposal • Design and Appearance and Impact on Character of the Area • Impact on the Neighbours’ amenities

History 4. There is no site history relating to this specific piece of land but the proposal is part of the wider Buckshaw Village.

Representations 5. One letter of objection has been received. They object to the proposal as it shows a ‘path to nowhere’ which comes off the centre circle path on the green corridor towards Waltham Road. However, there is no access from Waltham Road, outside their house, onto the green corridor as there are railings there. They are concerned that the physical presence of the path will encourage people to use it, and climb over the railings onto Waltham Road as a short-cut onto the David Wilson Aspire development. They would find this inacceptable as they specifically purchased their property on Waltham Road on the basis that it was at the head of a cul-de-sac, with no through traffic - both vehicles and pedestrian. The proposal it will encourage youths to abuse it by climbing over the railings and thus defeating the object of being in a cul-de-sac. They therefore ask that the path up to the railings is removed form the plans.

6. Amended plans have been received removing this path from the plans. The neighbour has been re-consulted on the plans and advises that they have reviewed the plans and confirm that they are happy with the revised proposal.

Consultations 7. Lancashire County Council Highways - The green corridor landscape proposal does not directly affect the Highways. However, in view of the residential area around the landscape area, there will be more frequent movement of pedestrians in the proposed green corridor. For safety reasons visibility should be kept clear of any vegetation or trees etc. Trees should be planted at a suitable distance so as not to affect the construction of the adopted footway as well

Agenda Page 76 Agenda Item 4h

as the road by its roots. They have no objection to the proposal.

Assessment Principle of the Development 8. The proposal is for the creation of two green corridors adjacent to parcels J (parcel J2 is to the south) and L which will be joined by a communal square.

9. Both green corridors and the communal square form part of the masterplan form Buckshaw Village and are detailed in the Residential Design Code for the village and the surrounding housing has been designed to front onto it. The proposal is therefore considered acceptable in principle and will enhance the character of Buckshaw Village and ensure residents have easy non-vehicular access to facilities within the site.

10. The green corridor connects with others throughout the site which form the main pedestrian/cycleway throughout Buckshaw Village. The green corridor running west to east will connect the residential areas with the part of the village where the school, community centre, health centre and nursery/training pool are/will be situated. The green corridor running north south will connect to the informal raised landscape area to the west. The communal square will have a children’s play area in the centre (design to be agreed and can be controlled by condition).

Design, Appearance and Layout 11. The plans show the path through the green corridors to be a 3m wide footpath, but all the paths throughout Buckshaw are joint footpath/cycleways. The width of the proposed path at 3m is wide enough to accommodate both and so a condition shall be applied to ensure it is built to cater for both pedestrians and cyclists. A condition will also be applied in relation to bollards at both ends of the corridors to be submitted to prevent vehicles accessing them.

12. In relation to the objection received from a neighbouring resident the case officer has checked the original planning approval for that and railing were approved in the position they have been erected preventing pedestrians from walking through. Therefore the path is not required as it would only lead up to the railings. An amended plan has therefore been received removing it form the plans and so discouraging people from climbing over the railings. The proposal is therefore considered acceptable in this respect.

Neighbour Amenity 13. In terms of neighbour amenity, the location of a children’s play area has always been envisaged in the centre of the communal square as shown on the masterplan for Buckshaw Village. In addition it is positioned in the centre of the square with landscaping surrounding it. It is therefore considered acceptable in terms of neighbour amenity subject to a condition requiring details of the play equipment to be submitted and approved.

Overall Conclusion 14. The application site is not a garden site and the Council are satisfied that it is brownfield land and therefore the proposal is considered acceptable in principle. The design, appearance and layout are also considered acceptable along with the impact on neighbour amenity in line with HS4 and the Council’s adopted Design Guidance SPG. Highways are satisfied that the amended layout overcomes their original objection.

Planning Policies GN2, GN5, Buckshaw Village Residential Design Code. Agenda Page 77 Agenda Item 4h

Recommendation: Permit Full Planning Permission 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 51 of the Planning and Compulsory Purchase Act 2004.

2. The approved plans are: Plan Ref. Received On: Title: 412/SL01 15 November 2010 Site Location Plan 594/200.1 Rev A 21 January 2011 Landscape Details Sheet 1 of 3 594/200.2 15 November 2010 Landscape Details Sheet 2 of 3 594/200.3 15 November 2010 Landscape Details Sheet 3 of 3 594.401 15 November 2010 Site Sections Reason: To define the permission and in the interests of the proper development of the site.

3. Prior to the commencement of the development full details of the design of the play area in the position shown on drawing 594/200.2 shall be submitted to and approved in writing by the Local Planning Authority. The play area shall be constructed as per the approved details within six months of the communal square being landscaped. Reason: To ensure the play area is implemented and is to a satisfactory design and in accordance with policy GN2 of the Adopted Chorley Borough Local Plan Review.

4. There shall be no vehicular access onto the footpath/cycleway and as such the erection of bollards 1 metre in height will be required at both ends of the footpath/cycleway hereby approved. Full details of the bollards, including their sting, shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be carried out in accordance with the approved details. Reason: To ensure that the footpath/cycleway is used for its intended purpose, in the interests of highways safety and in accordance with Policy GN2 of the Adopted Chorley Borough Local Plan Review.

5. 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.

Agenda Page 78

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Report of Meeting Date Director of Partnerships, Development Control Committee 8 February 2011 Planning & Policy

ENFORCEMENT ITEM

TITLE: Without planning permission the replacement of a timber wall with blockwork on the south elevation of a barn situated to the West of 1 Blue Stone Barn Blue Stone Lane Mawdesley L40 2RJ

PURPOSE OF REPORT 1. To consider whether it is expedient to take enforcement action to secure the removal of the unauthorised wall.

RECOMMENDATION(S) 2. That it is expedient to issue an Enforcement Notice under Section 172 and of the Town & Country Planning Act 1990 in respect of the following breach of planning control:

Alleged Breach

i. Without planning permission the replacement of the timber wall on the south elevation of the barn with a concrete block work wall.

ii. Remedy for Breach

(a) Demolish the concrete block work wall on the south elevation of the barn.

(b) Remove all resultant material from the demolition of the wall from the land.

iii. Period of Compliance

Three Months.

iv. Reason

It has not been demonstrated that the works undertaken are necessary for the purposes of agriculture; the works are a substantial alteration which detract from the character of the existing barn. As such, the development is by definition inappropriate development in the Green Belt and is contrary to saved Policy DC 1 of the Chorley Borough Local Plan Review and Planning Policy Guidance (PPG2), Green Belts.

Updated Template December 2010

Agenda Page 80 Agenda Item 5

EXECUTIVE SUMMARY OF REPORT

3. A planning application was submitted to replace a timber clad wall with a painted block work wall to the south elevation (part retrospective) and the replacement of a portion of the timber clad wall with facing brickwork to the east elevation.

4. This application was refused under delegated authority on 17 June 2010.

REASONS FOR RECOMMENDATION(S) 5. See Para 2(iv).

ALTERNATIVE OPTIONS CONSIDERED AND REJECTED 6. N/A

CORPORATE PRIORITIES

7. This report relates to the following Strategic Objectives:

Strong Family Support Education and Jobs Being Healthy Pride in Quality Homes and Clean X Neighbourhoods Safe Respectful Communities Quality Community Services and Spaces Vibrant Local Economy Thriving Town Centre, Local Attractions and Villages A Council that is a consistently Top Performing Organisation and Delivers Excellent Value for Money

BACKGROUND

8. The site is within the designated Green Belt as shown on the Proposals Map, Adopted Edition and is covered by Planning Policy Guidance (PPG) Note 2, Green Belts which are reiterated by Policy DC1 of the Adopted Chorley Borough Local Plan Review. Within the designated Green Belt planning permission will not be granted, except in very special circumstances, for limited forms of development or other uses of land which preserve the openness of the Green Belt and do not conflict with its purposes.

9. A planning application was submitted to the Council that proposed replacing the timber clad south elevation of the barn with a block work wall. This elevation is 17.8 metres in length and 2 metres high. Within the elevation there are 5 windows. It was also proposed to replace two sections of the east elevation that are timber clad with brick. These sections measure 4 metres in length by 2 metres to eaves and 2 metres in length by 2 metres to eaves. The block work wall has been erected; the brickwork to the east elevation has not been constructed.

10. In this particular instance the works proposed and undertaken are considered to be an inappropriate alteration to the character of the barn and the applicant has not provided any evidence or justification as to exceptional circumstances for the works both undertaken and proposed, and that the works are necessary for an agricultural purpose.

11. The erection of the block work wall to the south elevation is therefore considered to be inappropriate development within the Green Belt that is, by definition harmful to it [paragraph 3.2 to PPG2 (Revised)]. Agenda Page 81 Agenda Item 5

IMPLICATIONS OF REPORT

16. This report has implications in the following areas and the relevant Directors’ comments are included:

Finance Customer Services Human Resources Equality and Diversity Legal No significant implications in this X area

Lesley-Ann Fenton Director of Partnerships, Planning & Policy

Report Author Ext Date Doc ID S Aldous 5414 24 January 2011 N/A

Background Papers Document Date File Place of Inspection 14 December Council Offices Union Planning Application 10/00222/Ful 2010 Street

Agenda Page 82

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Report of Meeting Date

Director of Partnerships, Planning Development Control Committee 8 February 2011 and Policy

PLANNING APPEALS AND DECISIONS - NOTIFICATION

PURPOSE OF REPORT 1. To advise Committee of appeal notifications and decisions received from the Planning Inspectorate and notification of decisions received from Lancashire County Council and other bodies between 1 December 2010 and 27 January 2011.

RECOMMENDATION(S)

2. That the report be noted.

CORPORATE PRIORITIES

3. This report relates to the following Strategic Objectives:

Put Chorley at the heart of regional Develop local solutions to climate economic development in the Central change. Lancashire sub-region Improving equality of opportunity and Develop the Character and feel of life chances Chorley as a good place to live Involving people in their communities Ensure Chorley Borough Council is X a performing organization

PLANNING APPEALS LODGED

4. Appeal by Hollins Strategic Land, Ms Margaret Hardman and Mr Christopher Hardman against the Development Control Committee decision to refuse planning permission for outline planning permission (access only) for the erection of up to 75 dwellings and a park and ride parking area for Adlington Railway Station at Grove Farm, Railway Road, Adlington. (Application No. 10/00439/OUTMAJ).

5. Appeal by Wainhomes Development Ltd against the Development Control Committee decision to refuse planning permission for the erection of two storey detached dwelling at 26 Lancaster Lane, Clayton-Le-Woods (Application No. 10/00739/FUL).

6. Appeal by Fox Land & Property (FLP) against the non-determination within eight weeks by Chorley Council for the outline application for residential development of up to 300 dwellings (comprising 2, 2.5, & 3 storeys) with details of access and highway works and indicative proposals for open space, landscape and associated works. at Land South Of Cuerden

Updated Template November 2008

Agenda Page 86 Agenda Item 6

Farm And Woodcocks Farm And Land North Of Caton Drive, Wigan Road, Clayton-Le- Woods (Application No. 10/00414/OUTMAJ).

7. Appeal by Ms Sally Griffiths against the delegated decision to refuse planning permission for the Change of use of existing cafe (use Class A3) to a Hot Food Takeaway ( use Class A5) with ancillary storage and staff areas at Cafe Taylors, 9 St Thomas's Road, Chorley (Application No. 10/00848/FUL).

8. Appeal by Mr David Lally against the delegated decision to refuse listed building consent for erection of a single-storey side extension at Tan Pits Farm, New Road, Anderton (Application No. 10/00617/LBC).

9. Appeal by Mr Kevin Joyce against the Development Control Committee decision to refuse outline planning permission for the erection of detached bungalow at Fairview, Runshaw Lane, Euxton (Application No. 10/00682/OUT).

PLANNING APPEALS DISMISSED

10. None.

PLANNING APPEALS ALLOWED

11. None.

PLANNING APPEALS WITHDRAWN

12. Appeal by Wainhomes (North West) Ltd against the non-determination within eight weeks by Chorley Council for the erection of 6 dwellings at The Royle and The Coppice, Shaw Hill, Whittle-Le-Woods (Application No. 10/00432/FUL).

ENFORCEMENT APPEALS LODGED

13. None

ENFORCEMENT APPEALS DISMISSED

14. Appeal by Mr Lee Bootle against enforcement notice Nos. EN617 and EN618 (without planning permission the erection of a first floor side and rear extension and without planning permission the erection of an outbuilding exceeding 4 metres in height) at Little Knowley Farm, 19 Blackburn Road, Whittle-Le-Woods.

15. Appeal by Mr Thomas Francis Maughan against enforcement notice EN630 (without planning permission the formation of vehicular access to a classified road) at 176A Wood Lane, Heskin, Lancashire.

ENFORCEMENT APPEALS ALLOWED

16. None

ENFORCEMENT APPEALS WITHDRAWN

17. None

LANCASHIRE COUNTY COUNCIL DECISIONS

18. None. Agenda Page 87 Agenda Item 6

GOVERNMENT OFFICE DECISIONS

22. None

IMPLICATIONS OF REPORT

23. This report has implications in the following areas and the relevant Corporate Directors’ comments are included:

Finance Customer Services Human Resources Equality and Diversity Legal No significant implications in this √ area

LESLEY-ANN FENTON DIRECTOR OF PARTNERSHIPS, PLANNING AND POLICY

Report Author Ext Date Doc ID Robert Rimmer 5221 27.02.2010

Background Papers Document Date File Place of Inspection 4 Letter from the Planning Civic Offices, Union Inspectorate 29.11.2010 Street, Chorley or 5 “ 22.12.2010 online at 6 “ 10.12.2010 www.chorley.gov.uk/pl 7 “ 23.12.2010 anning 8 “ 11.01.2011 9 “ 20.12.2011 12 “ 12.12.2010 14 “ 17.01.2011 15 “ 18.01.2011

Agenda Page 88

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Report

Report of Meeting Date

Director of Partnerships, Development Control Planning and Policy Committee 8 February 2011

Planning Applications Determined by the Director of Partnerships, Planning and Policy, the Chair and Vice-Chair of the Committee on 11 January 2011

Application No. Recommendation Location Proposal

10/00879/FUL Permit Full Planning Boys Farm Leyland Extension of time limit (of Permission Lane Ulnes Walton previously approved application Leyland Lancashire 07/00629/FUL) for demolition of existing farm buildings and erection of new building for ice cream parlour/cafe, including play area, new vehicular access and car park.

10/01014/FUL Permit Full Planning Alma Inn 176 - 178 Conversion of former Public House Permission Moor Road Chorley into 6 no. one bedroom apartments Lancashire PR7 2NT including two-storey rear extension and new rear fire escape.

10/01019/FUL Permit Full Planning Buckshaw Village Application for additional parking Permission Nursery Unity Place space to serve proposed Buckshaw Village Buckshaw Village Nursery Lancashire

Agenda Page 90

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Report of Meeting Date Director of Partnerships, Planning and Policy Development Control Committee 8 February 2011

Planning Applications Determined by the Director of Partnerships, Planning and Policy, the Chair and Vice-Chair of the Committee on 26 January 2011

Application Recommendation Location Proposal No. 10/00808/FUL Permit Full Planning Folly Fields 48 Gorsey Lane Erection of horse exerciser Permission Mawdesley Ormskirk Lancashire

10/00929/COU Permit Full Planning 228 The Green Eccleston Change of use from residential to Permission Lancashire PR7 5SU veterinary surgery and provision of car parking space

10/01020/COU Permit Full Planning 2 Blackburn Brow Chorley Application for change of use Permission Lancashire PR6 9AQ from Offices (B1) to hairdressers (A1).

10/01027/FUL Permit Full Planning St Oswalds Roman Catholic Erection of detached building for Permission Primary School Spendmore the storage of sports equipment. Lane Coppull Chorley PR7 5DH

10/01041/FUL Permit Full Planning Rear Of 145 - 159 School Lane Installation of additional field Permission Brinscall Lancashire drains to playing field. Construction of a new stone footpath linking existing path to the corner of the football pitch and a link to the rear of St John's School. Works to cut through embankment and the construction of a footpath linking Brinscall and Withnell Athletic and Recreational Association car park and pavement on School Lane.

10/01056/FUL Permit Full Planning Land 134M South West Of Hand Erection of stable block Permission Lane End Farm Hand Lane incorporating three stables and Mawdesley Lancashire hay/food store; associated hardstanding, new access from Hand Lane and stand-alone midden.

10/01074/FUL Permit Full Planning Crawshaw Hall Barn The The conversion and re-use of an Permission Common Adlington Chorley PR7 existing shippon and stone built 4DN piggery for residential purposes and a storage / bat barn respectively.

Agenda Page 92

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Report of Meeting Date

Director of Partnerships, Development Control Committee Planning and Policy 8 February 2011

List of Applications Determined by the Director of Partnerships, Planning and Policy Under Delegated Powers

Between 25 December 2010and 26 January 2011

Plan Ref 10/00874/FUL Date Received 30.09.2010 Decision Permit Full Planning Permission Ward: Brindle And Date Decided 14.01.2011 Hoghton

Proposal : Conversion of 2 no. existing barns to form dwellings incorporating part demolition of parts of the existing barns, extensions to the barns and the erection of 2 no. detached double garages Location : Pippin Street Farm Smithy Lane Brindle Chorley Lancashire Applicant: Mr D Brown Higher Flash Green Farm Buckholes Lane Higher Wheelton PR6 8JF

Plan Ref 10/00900/TPO Date Received 06.10.2010 Decision Consent for Tree Works Ward: Wheelton And Date Decided 05.01.2011 Withnell

Proposal : Pruning works to Ash tree Location : Brinscall Hall Dick Lane Brinscall Chorley Lancashire Applicant: Mrs Avril Cairncross Brinscall Hall Dick Lane Brinscall Chorley PR6 8QL

Plan Ref 10/00917/FUL Date Received 13.10.2010 Decision Permit Full Planning Permission Ward: Clayton-le-Woods Date Decided 07.01.2011 And Whittle-le- Woods

Proposal : Proposed alterations to driveway layout Location : 241 Preston Road Clayton-Le-Woods Chorley PR6 7PY Applicant: Mrs Christina Sharples 241 Preston Road Clayton-Le-Woods Chorley PR6 7PY

Agenda Page 94 Agenda Item 8

Plan Ref 10/00939/FUL Date Received 21.10.2010 Decision Permit Full Planning Permission Ward: Chisnall Date Decided 19.01.2011

Proposal : Repairs, refurbishment and conversion of existing outbuilding to create workshop, garage and additional living accommodation Location : The Wilderness Preston Road Charnock Richard Lancashire PR7 5LH Applicant: Mr Mark Pritchard The Wilderness Preston Road Charnock Richard PR7 5LH

Plan Ref 10/00953/FUL Date Received 25.10.2010 Decision Permit Full Planning Permission Ward: Astley And Date Decided 19.01.2011 Buckshaw

Proposal : Two storey side extension and attached single garage Location : Hillside Southport Road Astley Village Chorley Lancashire Applicant: Mr John Barlow Hillside Southport Road Astley Village Chorley PR7 1NT

Plan Ref 10/00994/OUT Date Received 05.11.2010 Decision Refuse Outline Planning Permission Ward: Euxton South Date Decided 20.01.2011

Proposal : Erection of a pair of semi-detached houses Location : 199 Wigan Road Euxton Chorley PR7 6JG Applicant: Mrs K Armstrong 329 Kaross House Dunkirk Lane Leyland PR26 7SY

Plan Ref 10/01002/FUL Date Received 11.11.2010 Decision Permit Full Planning Permission Ward: Pennine Date Decided 07.01.2011

Proposal : Conversion of basement and attic to provide additional living space Location : 1 Kenyon Lane Heapey Chorley PR6 8EX Applicant: Mr Peter Major 1 Kenyon Lane Heapey Chorley PR6 8EX

Plan Ref 10/01004/TPO Date Received 11.11.2010 Decision Consent for Tree Works Ward: Euxton South Date Decided 05.01.2011

Proposal : Application to fell 4 sycamore trees at 1 Dawbers Lane, Euxton Location : Woodview 1 Dawbers Lane Euxton Lancashire PR7 6DZ Applicant: OCA UK Ltd 4 The Courtyards Wyncolls Road Colchester CO4 9PE

Agenda Page 95 Agenda Item 8

Plan Ref 10/01009/FUL Date Received 12.11.2010 Decision Permit Full Planning Permission Ward: Clayton-le-Woods Date Decided 07.01.2011 And Whittle-le- Woods

Proposal : Proposed first floor front and side extension Location : 34 Blackthorn Croft Clayton-Le-Woods Chorley PR6 7TZ Applicant: Mrs Pamela Owens-Lee 34 Blackthorn Croft Clayton-Le-Woods Chorley PR6 7TZ

Plan Ref 10/01017/FUL Date Received 17.11.2010 Decision Permit Full Planning Permission Ward: Chorley North Date Decided 21.01.2011 West

Proposal : Use of land for car sales and siting of modular sales office building. Location : Ackhurst Business Park Foxhole Road Chorley Applicant: Northern Trust Company Ltd Lynton House Ackhurst Park Chorley PR7 1NY

Plan Ref 10/01018/COU Date Received 17.11.2010 Decision Permit Full Planning Permission Ward: Chorley South Date Decided 19.01.2011 East

Proposal : Change of use from retail (A1) to financial and professional services (A2) Location : 8 High Street Chorley Lancashire PR7 1DN Applicant: Treckgate Ltd (Freeholder)

Plan Ref 10/01023/FUL Date Received 20.11.2010 Decision Refuse Full Planning Permission Ward: Brindle And Date Decided 18.01.2011 Hoghton

Proposal : Erection of outbuilding for the storage of gardening/landscaping equipment. Location : Mintholme Hall Gowans Lane Brindle Chorley PR6 8NU Applicant: Mr & Mrs Jeremy Rothwell Mintholme Hall Gowans Lane Brindle Chorley PR6 8NU

Plan Ref 10/01024/FUL Date Received 20.11.2010 Decision Permit Full Planning Permission Ward: Chorley South Date Decided 17.01.2011 East

Proposal : Erection of a part single storey part two storey rear extension Location : 81 Pilling Lane Chorley Lancashire PR7 3ED Applicant: Mr B J Pilkington 81 Pilling Lane Chorley Lancs PR7 3ED

Agenda Page 96 Agenda Item 8

Plan Ref 10/01031/FUL Date Received 24.11.2010 Decision Permit Full Planning Permission Ward: Chorley South Date Decided 19.01.2011 East

Proposal : Erection of a two storey side extension and an extension to the garage to attach to the main dwelling house Location : 14 Grundys Lane Chorley PR7 4DZ Applicant: Mr L Tate c/o Agent

Plan Ref 10/01032/FUL Date Received 25.11.2010 Decision Permit Full Planning Permission Ward: Chorley East Date Decided 21.01.2011

Proposal : Erection of a first floor side and rear extension Location : 60 Yarrow Road Chorley PR6 0LY Applicant: Mr & Mrs Reed 60 Yarrow Road Chorley PR6 0LY

Plan Ref 10/01033/FUL Date Received 27.11.2010 Decision Permit Full Planning Permission Ward: Chorley South Date Decided 19.01.2011 East

Proposal : Erection of first floor extension above existing flat roofed building. The proposed first floor extension will partly extend over the rear car park supported by steel support pillars. Erection of first floor rear extension over existing toilet block and erection of external steel fire escape stairs to the rear. Location : Livingwaters Community Centre 35 Bolton Street Chorley Lancashire PR7 3AB Applicant: Living Waters Church Livingwaters Community Centre 35 Bolton Street Chorley PR7 3AB

Plan Ref 10/01034/FUL Date Received 23.11.2010 Decision Permit Full Planning Permission Ward: Wheelton And Date Decided 19.01.2011 Withnell

Proposal : Part retrospective application for the erection of two stone pillars and entrance gate. Location : Flash Green Farm Jenny Lane Higher Wheelton Chorley PR6 8JE Applicant: Mr John Antrobus Flash Green Farm Jenny Lane Higher Wheelton Chorley

Plan Ref 10/01035/TPO Date Received 23.11.2010 Decision Consent for Tree Works Ward: Coppull Date Decided 05.01.2011

Proposal : Felling of 3 Silver Birch tree's covered by TPO9 (Coppull) 1996 Location : Chapel Lane Business Park Chapel Lane Coppull Chorley PR7 4NB

Agenda Page 97 Agenda Item 8

Applicant: Mr Jason Iddon

Plan Ref 10/01036/FUL Date Received 23.11.2010 Decision Permit Full Planning Permission Ward: Wheelton And Date Decided 18.01.2011 Withnell

Proposal : Amendment to planning application 09/00994/FUL to increase size of front dormer window and re-location of detached garage Location : 62 Lodge Bank Brinscall Chorley PR6 8QU Applicant: Mr Lee Mochan 106 Preston Road Whittle-Le-Woods Chorley PR6 7HE

Plan Ref 10/01039/FUL Date Received 24.11.2010 Decision Permit Full Planning Permission Ward: Chorley North Date Decided 18.01.2011 West

Proposal : Section 73 application to vary condition 1 of planning permission 07/00273/FUL to allow building to be converted into flats in accordance with revised plans (an additional bedroom to flats 4 and 6 and an additional parking space). The proposal is retrospective Location : 15 Southport Road Chorley Lancashire Applicant: Haydock Finance Challenge House Challenge Way Green Bank Business Park Blackburn BB1 5QB

Plan Ref 10/01040/FUL Date Received 25.11.2010 Decision Permit Full Planning Permission Ward: Chorley North Date Decided 19.01.2011 East

Proposal : Erection of a conservatory and decking area to the rear of the property Location : 5 Ewell Close Chorley PR6 8TT Applicant: Mr Michael Johns 5 Ewell Close Chorley PR6 8TT

Plan Ref 10/01043/ADV Date Received 30.11.2010 Decision Advertising Consent Ward: Astley And Date Decided 24.01.2011 Buckshaw

Proposal : Erection of a free standing triangular shaped sign 4.4m in height containing new school details Location : Buckshaw Trinity C Of E Methodist Primary School Unity Place Buckshaw Village Chorley Lancashire Applicant: Diocese Of Blackburn Church House Cathedral Close Blackburn BB1 5AA

Agenda Page 98 Agenda Item 8

Plan Ref 10/01045/FUL Date Received 29.11.2010 Decision Permit Full Planning Permission Ward: Chisnall Date Decided 24.01.2011

Proposal : Erection of a two story side extension to create extended garage and additional bedroom and en-suite Location : 10 Belmont Place Coppull Chorley PR7 5DX Applicant: Mr Marshall 10 Belmont Place Coppull Chorley PR7 5DX

Plan Ref 10/01049/FUL Date Received 29.11.2010 Decision Permit Full Planning Permission Ward: Heath Charnock Date Decided 19.01.2011 And Rivington

Proposal : Erection of a two storey rear extension to provide kitchen at ground floor and an additional bedroom at first floor Location : 153 Chorley Road Heath Charnock Lancashire PR6 9JL Applicant: Mr & Mrs M Philpott 11 The Asshawes Heath Charnock Chorley PR6 9JN

Plan Ref 10/01050/FUL Date Received 01.12.2010 Decision Permit Full Planning Permission Ward: Date Decided 25.01.2011

Proposal : Change of use of former glasshouse and brick outbuildings to live/work unit including erection of car shelter and canopy Location : Former Kitchen Garden To Cuerden Hall And Site Of P J Fork Trucks Ltd Berkeley Drive Cuerden Bamber Bridge Lancashire Applicant: P J Forktrucks Ltd The Cottage Shady Lane Cuerden Chorley PR5 6AU

Plan Ref 10/01052/REMM Date Received 02.12.2010 Decision Approve AJ Reserved Matters Ward: Astley And Date Decided 13.01.2011 Buckshaw

Proposal : Section 73 application to vary conditions 1 (approved plans), 3 (bin storage), 4 (cycle parking provision), 6 (railings), 12 (approved plans), 13 (shop front details) and 19 (materials, fencing, landscaping) attached to planning approval 10/00334/FULMAJ Location : Land South Of Buckshaw Avenue Buckshaw Avenue Buckshaw Village Lancashire Applicant: Eden Park Developments Ltd City Gate East Toll House Hill Nottingham NG1 5FS

Agenda Page 99 Agenda Item 8

Plan Ref 10/01080/MNMA Date Received 13.12.2010 Decision Permit Minor Material Amendmen ts Ward: Lostock Date Decided 06.01.2011

Proposal : Application for minor Non Amendment to planning application 10/00647/FUL for the relocation of plant to treat waste water (Effluent Treatment Plant) Location : Golden Acres Ltd Plocks Farm Liverpool Road Bretherton Leyland Applicant: Golden Acres Group The Barons Church Road Tarlton Preston PR4 6UP

Plan Ref 10/01111/CTY Date Received 22.12.2010 Decision No objection to LCC Reg 3/4 Application Ward: Clayton-le-Woods Date Decided 19.01.2011 And Whittle-le- Woods

Proposal : Installation of new 2.4 metre high security fencing to front and rear of school Location : Manor Road Primary School Manor Road Clayton-Le-Woods Chorley Lancashire Applicant: Manor Road Primary School Manor Road Primary School Manor Road Clayton-Le- Woods Chorley Lancashire PR6 7JR

Plan Ref 10/01119/MNMA Date Received 22.12.2010 Decision Minor Non- Material Amendmen t Accepted Ward: Astley And Date Decided 19.01.2011 Buckshaw

Proposal : Application for a minor non-material amendment to 10/00437/REMMAJ to introduce a contrasting brick to heads and projection brick courses. Location : Parcel J Phase 2 Buckshaw Avenue Buckshaw Village Lancashire Applicant: David Wilson Homes (North West) 303 Bridgewater Place Birchwood Park Warrington Cheshire WA3 6XF

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