Development Control Committee

Agenda and Reports

For consideration on

Tuesday, 3rd March 2009

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 Corporate Director (Business) 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, again 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. 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

** ** 2009

Dear Councillor

DEVELOPMENT CONTROL COMMITTEE - TUESDAY, 3RD MARCH 2009

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, 3rd March 2009 at 6.30 pm .

A G E N D A

1. Apologies for absence

2. 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.

3. Minutes (Pages 1 - 12)

To confirm the minutes of the meeting of the Development Control Committee meeting held on 3 February 2009 (enclosed)

4. Planning Applications Awaiting Decision (Pages 13 - 14)

A table of planning applications to be determined is enclosed.

Please note that copies of the location and layout plans are included (where applicable) on the agenda. Plans to be considered will be displayed at the meeting or may be viewed in advance by following the links to current planning applications on our website http://planning.chorley.gov.uk/PublicAccess/TDC/tdc_home.aspx

(a) 08/01170/OUTMAJ - Site of former Social and Athletic Club, Duke Street, Chorley (Pages 15 - 34)

Report of Corporate Director (Business) (enclosed)

(b) 08/00024/FUL - Land 80m West of Buckshaw Village School, Chancery Road, Astley Village (Pages 35 - 42)

Report of the Corporate Director (Business) (enclosed)

(c) 08/01253/OUTMAJ - Waggon and Horses Public House, 2, Coppull Moor Lane, Coppull, Chorley (Pages 43 - 52)

Report of Corporate Director (Business) (enclosed)

(d) 08/01249/REMMAJ - Wyevale Garden Centre, 338, Southport Road, Ulnes Walton (Pages 53 - 62)

Report of Corporate Director (Business) (enclosed)

(e) 09/00033/OUTMAJ - Northolme Private Nursing Home, 67, Preston Road, Chorley (Pages 63 - 78)

Report of Corporate Director (Business) (enclosed)

(f) 09/00044/OUTMAJ - Friday Street Depot, Friday Street, Chorley (Pages 79 - 94)

Report of Corporate Director (Business) (enclosed)

(g) 09/00023/FUL - Land west of Knowleswood, Wrennals Lane, Heskin (Pages 95 - 106)

Report of Corporate Director (Business) (enclosed)

(h) 08/01252/OUT - Rivington Village Club, Horrobin Lane, Rivington, Horwich, Bolton (Pages 107 - 118)

Report of Corporate Director (Business) (enclosed)

(i) 08/01070/FUL - Land 73m South of 62, Lancaster Lane, Clayton-Le-Woods (Pages 119 - 130)

Report of Corporate Director (Business) (enclosed)

(j) 09/00018/TEL - Land 100m South of BWFC Training Ground Building, Euxton Lane, Euxton (Pages 131 - 138)

Report of Corporate Director (Business) (enclosed)

(k) 09/00053/FUL - The Boatyard Inn, Bolton Road, Withnell, Chorley (Pages 139 - 144)

Report of Corporate Director (Business) (enclosed)

5. Enforcement Report -The Boat Yard Inn, Bolton Road, Withnell, Chorley (Pages 145 - 148)

Report of Corporate Director (Business) (enclosed)

6. Confirmation of Tree Preservation Orders (Pages 149 - 152)

Report of Corporate Directorate (Governance) (enclosed)

7. Planning Appeals and Notification Report (Pages 153 - 156)

Report of Corporate Director (Business) (enclosed)

8. Delegated decisions determined by the Corporate Director (Business), The Chair and Vice Chair of the Committee (Pages 157 - 162)

Table of decisions determined on 3 February 2009 (enclosed)

Table of decisions determined on 10 February 2009 (enclosed)

Table of decisions determined on 18 February 2009 (enclosed)

9. Delegated Decisions Report (Pages 163 - 174)

Schedule of applications determined between 22 January and 12 February 2009 (enclosed)

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

Yours sincerely

Donna Hall Chief Executive

Dianne Scambler Democratic and Member Services Officer E-mail: [email protected] Tel: (01257) 515034 Fax: (01257) 515150

Distribution

1. Agenda and reports to all members of the Development Control Committee, (Councillor Greg Morgan (Chair), Councillor Geoffrey Russell (Vice-Chair) and Councillors Ken Ball, Julia Berry, Alistair Bradley, Terry Brown, Alan Cain, Henry Caunce, David Dickinson, Harold Heaton, Keith Iddon, Roy Lees, Adrian Lowe, June Molyneaux, Simon Moulton, Mick Muncaster and Shaun Smith) for attendance.

2. Agenda and reports to Jane Meek (Corporate Director (Business)), Chris Moister (Legal Services Manager), Paul Whittingham (Development Control Manager) and Dianne Scambler (Democratic and Member Services Officer) 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

Agenda Page 1 Agenda Item 3

Development Control Committee

Tuesday, 3 February 2009

Present: Councillor Greg Morgan (Chair), Councillor Geoffrey Russell (Vice-Chair), Councillors Julia Berry, Alistair Bradley, Terry Brown, Alan Cain, Henry Caunce, David Dickinson, Harold Heaton, Keith Iddon, Roy Lees, Adrian Lowe, June Molyneaux, Simon Moulton and Shaun Smith

Officers : Donna Hall (Chief Executive Chorley Council), Chris Moister (Legal Services Manager), Paul Whittingham (Development Control Manager), Dianne Scambler (Democratic and Member Services Officer) and Lyndsey Cookson (Planning Assistant)

Also in attendance: Councillor Kevin Joyce (Eccleston and Mawdesley)

09.DC.09 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Ken Ball and Mick Muncaster.

09.DC.10 DECLARATIONS OF ANY INTERESTS

In accordance with the provisions of the Local Government Act 2000, The Council’s Constitution and the Members Code of Conduct, the following Members declared a prejudicial interest in relating to the planning applications listed below:

Councillor Keith Iddon planning application 08/01107/FUL planning application 08/01181/FUL

Councillor Simon Moulton planning application 08/01107/FUL

Councillor Geoff Russell planning application 08/01246/TPO

09.DC.11 MINUTES

RESOLVED – That the minutes of the meeting of the Development Control Committee meeting held on 13 January 2009 be confirmed as a correct record for signing by the Chair.

09.DC.12 PLANNING APPLICATIONS AWAITING DECISION

The Corporate Director (Business) submitted reports on eight applications for planning permission to be determined by the Committee.

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

(a) 08/01181/FUL - The Oaks, Bluestone Lane, Mawdesley

(Councillor Keith Iddon declared a prejudicial interest and left the meeting)

(The Committee received representation from the ward representative, Councillor Kevin Joyce)

Application no: 08/01181/FUL Proposal: Demolition of existing outbuildings and extension of existing stable building to create Indoor Riding Arena Location: The Oaks, Bluestone Lane, Mawdesley, Ormskirk Decision:

DEVELOPMENT CONTROL COMMITTEE 1 Tuesday, 3 February 2009 Agenda Page 2 Agenda Item 3

It was proposed by Councillor Harold Heaton, seconded by Councillor Simon Moulton, and was subsequently RESOLVED to grant full planning permission subject to the following conditions:

1. Where use of the building for the authorised purpose ceases for a period exceeding 6 months within 10 years of its substantial completion it shall be removed from the land and the land shall be restored to its former condition. Reason: To avoid the proliferation of buildings in the Green Belt for which there is not a continuing need and in accordance with Policy DC1 and EP8 of the Adopted Chorley Borough Local Plan Review.

2. The permission hereby granted is for the use of the building for the private keeping and riding of horses and ponies only. The building shall not be used for any trade or business purposes in connection with the training or schooling of horse and pony riders or for the holding of any events, competitions, trials, horse/pony club meetings or gymkhanas. Reason: To define the permission and in the interests of the visual amenities and character of the area and in accordance with Policy No. EP8 of the Adopted Chorley Borough Local Plan Review.

3. The development hereby permitted shall not commence until a sample/details of the colour of the plastisol coated profile metal sheeting roof (notwithstanding any details shown on previously submitted plan(s) and specification) has been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out using the approved external facing colour. Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. EP8 of the Adopted Chorley Borough Local Plan Review.

4. The permission hereby granted shall only be for the benefit of The Oaks, Bluestone Lane, Mawdesley, Ormskirk, L40 2RJ and shall not be separated form it either in ownership or use. The use of the building shall principally limited to the owner of the aforementioned property unless otherwise agreed to in writing by the Local Planning Authority. Reason: The permission was granted having regard to the special circumstances advanced in support of the application, however the use would be inappropriate to the area unless only carried on by the applicant in the manner specified on the application and in accordance with Policy Nos. EP8 and DC1 of the Adopted Chorley Borough Local Plan Review.

5. The external facing materials detailed on the approved plan(s)/Design and Access Statement shall be used and no others substituted without the prior written approval of the Local Planning Authority. Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. EP8 of the Adopted Chorley Borough Local Plan Review.

6. The proposed development must be begun not later than three years from the date of this permission. Reason: Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004.

DEVELOPMENT CONTROL COMMITTEE 2 Tuesday, 3 February 2009 Agenda Page 3 Agenda Item 3

(b) 08/01107/FUL - 71, Station Road, Croston

(Councillors Keith Iddon and Simon Moulton declared a prejudicial interest and left the meeting)

(The Committee received representation from an objector to the proposals)

Application no: 08/01107/FUL Proposal: Erection of two detached dwellings Location: 71, Station Road, Croston, Leyland Decision: It was proposed by Councillor Harold Heaton, seconded by Councillor Adrian Lowe, and was subsequently RESOLVED to grant planning permission subject to a Legal Agreement and 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. 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.

3. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. Reason: In the interest of the appearance of the locality and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

4. The development hereby permitted shall only be carried out using the ground surfacing materials specified in the approved plans and no others used without the prior written consent of the local planning authority. Reason: To ensure a satisfactory form of development in the interest of the visual amenity of the area, to prevent an undue increase in surface water run off and in accordance with Policy Nos. GN5, HS4 and EP18 of the Adopted Chorley Borough Local Plan Review.

5. 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.

DEVELOPMENT CONTROL COMMITTEE 3 Tuesday, 3 February 2009 Agenda Page 4 Agenda Item 3

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.

6. Notwithstanding the details shown on the approved plans the development hereby permitted shall not be commenced until the colour finish of the windows, doors, fascias and soffitts has been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall only be carried out using the approved external facing materials. Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan.

7. Due to the 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 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 the interests of safety and in accordance with the guidance in PPS23.

8. 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 area(s) so fenced. All excavations within the area so fenced shall be carried out by hand. Reason: To safeguard the trees to be retained and in accordance with Policy Nos. EP9 and HT9 of the Adopted Chorley Borough Local Plan Review.

9. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008, (Schedule 2, Part 1, Classes A(h) and Class E), or any Order amending or revoking and re- enacting that Order, no alterations or extensions shall be undertaken to the dwelling hereby permitted on plot two . Reason: In order to prevent the construction of any extensions or outbuildings that would cause harm or damage to the adjacent protected tree (TPO7(Croston) 2008) and to protect the appearance of the locality and in accordance with Policy Nos. GN4 and EP9 of the Adopted Chorley Borough Local Plan Review.

10. No dwelling hereby permitted shall be constructed until a means of vehicular access 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.

DEVELOPMENT CONTROL COMMITTEE 4 Tuesday, 3 February 2009 Agenda Page 5 Agenda Item 3

(c) 08/01134/FUL - 704, Preston Road, Clayton-Le-Woods

(The Committee received representations from the applicant’s agent in support of the proposals)

Application no: 08/01134/FUL Proposal: Erection of 2 no. two storey houses, 2 no. bungalows and a new means of access. Location: Lilac Mount, 704, Preston Road, Clayton-Le-Woods, Chorley Decision: It was proposed by Councillor Terry Brown, seconded by Councillor David Dickinson, and was subsequently RESOLVED to grant planning permission subject to a Legal Agreement and 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. The development hereby permitted shall not commence until full details of the colour, form and texture of all external facing materials to the proposed buildings (notwithstanding any details shown on the 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 using the approved external facing materials. Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

3. The development hereby permitted shall not commence until full details of the colour, form and texture of all 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.

4. 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.

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

DEVELOPMENT CONTROL COMMITTEE 5 Tuesday, 3 February 2009 Agenda Page 6 Agenda Item 3

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 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 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 the 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 the interests of safety and in accordance with the guidance set out in PPS23 – Planning and Pollution Control 2004.

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 to the site boundaries (notwithstanding any such detail shown on previously submitted plans) shall have been submitted to and approved in writing by the Local Planning Authority. No building shall be occupied or land used pursuant to this permission before all walls and fences have been erected in accordance with the approved details. Fences and walls shall thereafter be retained in accordance with the approved details at all times. Reason: To ensure a visually satisfactory form of development, to protect the amenities of occupiers of nearby property and in accordance with Policy No. GN5 of the Adopted Chorley Borough Local Plan Review.

9. Before development on the site commences a scheme of low level lighting for the access driveway shall be submitted to and approved in writing by the Local Planning Authority, implemented before first occupation of the dwellings and maintained thereafter. Reason: In the interests of the amenity of occupiers of neighbouring property and in accordance with Policy No. HS9 of the Adopted Chorley Borough Local Plan Review.

(d) 08/01166/OUT - Land 50m North East of Four Leaves, Clover Road, Chorley

Application no: 08/01166/OUT Proposals: Erection of two detached houses Location: Land 50m North East of Four Leaves, Clover Road, Chorley Decision: It was proposed by Councillor Terry Brown, seconded by Councillor Adrian Lowe, and was subsequently RESOLVED to grant outline planning permission subject to a Legal Agreement and 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.

DEVELOPMENT CONTROL COMMITTEE 6 Tuesday, 3 February 2009 Agenda Page 7 Agenda Item 3

2. 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 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 the 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 the interests of safety and in accordance with the guidance set out in PPS23 – Planning and Pollution Control 2004.

3. The development hereby permitted shall not commence until full details of the colour, form and texture of all external facing materials to the proposed buildings (notwithstanding any details shown on the 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 using the approved external facing materials. Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

4. 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.

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.

6. Before the development hereby permitted is first commenced, full details of the measures to be incorporated into the development to prevent the ingress of landfill gas shall be submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall only be constructed in accordance with the approved scheme of landfill gas ingress prevention measures. Reason: To protect occupiers from the ingress of landfill gas and in accordance with the guidance in PPS23

DEVELOPMENT CONTROL COMMITTEE 7 Tuesday, 3 February 2009 Agenda Page 8 Agenda Item 3

(e) 08/01170/OUTMAJ - Site of former Social and Athletic Club, Duke Street, Chorley

Application no: 08/01170/OUTMAJ Proposal: Outline application for the erection of 71 dwellings including access and scale. Location: Site of former Social and Athletic Club, Duke Street, Chorley Decision: It was proposed by Councillor Adrian Lowe, seconded by Councillor Julia Berry to defer the decision of the application for officers to satisfy Members concerns regarding the Council’s compliance with LT14 and the allocation of the Section 106 money.

An amendment to the motion was proposed by Councillor Alan Cain, seconded by Councillor Harold Heaton, to grant permission of the application and for the specifics of the Legal Agreement to be debated in the correct forum, upon being put to the vote the motion was lost (6:8).

The original motion was then put to the vote and it was subsequently RESOLVED (10:3) to defer the decision of the planning application to the next meeting of the Development Control Committee.

(f) 08/01147/OUTMAJ - Quarry Road Industrial Estate, Quarry Road, Chorley

Application no: 08/01147/OUTMAJ Proposal: Residential development for 76 no. 2, 2.5, 3 and 4 storey mixed dwelling types with associated works. Location: Quarry Road Industrial Estate, Quarry Road, Chorley Decision: It was proposed by Councillor Adrian Lowe, seconded by Councillor Harold Heaton and was subsequently RESOLVED to grant outline planning permission subject to a Legal Agreement and 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. The development hereby permitted shall not commence until full details of the colour, form and texture of all external facing materials to the proposed buildings (notwithstanding any details shown on the 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 using the approved external facing materials. Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

3. 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.

DEVELOPMENT CONTROL COMMITTEE 8 Tuesday, 3 February 2009 Agenda Page 9 Agenda Item 3

4. 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.

5. No development shall take place until a survey has been carried out by a competent person of the existing buildings on the site for the presence of bats. The results of the survey shall be made available to the Local Planning Authority and any recommendations for compensation measures should a bat roost be found agreed in writing by the Local Planning Authority before development commences. The necessary works shall be carried out before building work on site commences. Reason: to secure the preservation of protected species in accordance with Policy EP3 of the Adopted Chorley Borough Local Plan Review.

6. 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.

7. Each application for approval of Reserved Matters shall be accompanied by full details of the predicted energy use of the development expressed in terms of carbon emissions. 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. No development shall commence until the scheme has been submitted to and approved in writing by the Local Planning Authority. 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.

9. The applications for approval of Reserved Matters shall demonstrate and provide 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. 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

DEVELOPMENT CONTROL COMMITTEE 9 Tuesday, 3 February 2009 Agenda Page 10 Agenda Item 3

for Sustainable Homes. No development shall commence until the scheme has been submitted to and approved in writing by the Local Planning Authority. 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.

10. No development shall take place until : a) a methodology for investigation and assessment of ground contamination has been submitted to and approved in writing by the Local Planning Authority. The investigation and assessment shall be carried out in accordance with current best practice including British Standard 10175:2001 “Investigation of potentially contaminated sites – Code of Practice”. The objectives of the investigation shall be, but not limited to, identifying the types, nature and extent of contamination present to the site, risks to receptors and potential for migration within and beyond the site boundary;

(b) all testing specified in the approved scheme (submitted under a) and the results of the investigation and risk assessment, together with remediation proposals to render the site capable of development have been submitted to the Local Planning Authority;

(c) the Local Planning Authority has given written approval to the remediation proposals (submitted under b), which shall include an implementation timetable and monitoring proposals. Upon completion of the remediation works, a validation report containing any validation sampling results have been submitted to and approved in writing by the Local Planning Authority. Reason: To protect the environment and prevent harm to human health by ensuring that the land is remediated to an appropriate standard for the proposed end use and in accordance with the guidance in PPS23 – Planning and Pollution

(g) 08/01197/FUL - Goldrush Amusements Ltd, 81 - 83, Market Street, Chorley

Application no: 08/01197/FUL Proposal: Change of use and conversion to two 2 Bed and 1 Bed apartments. Location: Goldrush Amusements Ltd, 81 – 83, Market Street, Chorley Decision: It was proposed by Councillor Terry Brown, seconded by Councillor Adrian Lowe and was subsequently RESOLVED to grant planning permission subject to a Legal Agreement and the following conditions:

1. 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.

2. 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.

DEVELOPMENT CONTROL COMMITTEE 10 Tuesday, 3 February 2009 Agenda Page 11 Agenda Item 3

(h) 08/01246/TPO - 18, Casterton, Euxton, Chorley

Application no: 08/01246/TPO Proposal: Pruning of overhanging trees in garden of 18 Casterton, Euxton covered by TPO 1 (Euxton) 1971 Location: 18, Casterton, Euxton, Chorley Decision: It was proposed by Councillor David Dickinson, seconded by Councillor Simon Moulton and was subsequently RESOLVED to grant consent for the tree works subject to the following condition:

The tree works for which consent is hereby granted are only specified in the following. The trees are referenced as in the application: Tree No. 1 – Remove two overhanging limbs from sycamore; Tree No. 2 – Lift crown of sycamore tree to approximately 3.5m; Tree No. 3 – Lift crown of beech tree to 3.5m; Tree No. 4 – Remove ends of the oak tree branches and cut back 3m, and Area No. 5 – Remove self-seeded trees on southern boundary of TPO area from pumping station to eastern boundary of 18 Casterton. Reason: To define the consent, to safeguard the appearance and health of the tress in accordance with Policy Nos.EP9 and HT9 of the Adopted Chorley Borough Local Plan Review.

09.DC.13 ENFORCEMENT REPORT - 18 TANYARD CLOSE, COPPULL, CHORLEY

The Corporate Director (Business) submitted a report for Members to consider whether it be expedient to take enforcement action in respect of the erection of a rear balcony at 18, Tanyard Close, Coppull, Chorley.

RESOLVED – That it is expedient to issue an Enforcement Notice in respect of the following breach of planning control:

Without planning permission the erection of a balcony to the rear of 18 Tanyard Close, Coppull, Chorley PR7 5BT.

Remedy for Breach:

Remove the raised balcony, steps and supporting superstructure from the rear elevation of 18 Tanyard Close, Coppull, Chorley, PR7 5BT.

Period for Compliance:

Three Months

Reason:

(i) The proposed balcony, due to the erect 1.8m high privacy screens, will result in loss of light, create an overbearing impact and create a proposal that is visually intrusive and does not compliment the character and appearance of the original dwelling house. As such the proposal is contrary to Policies GN5 and HS9 of the Adopted Chorley Borough Local Plan Review and the House Extension Design Guidelines. (ii) The proposed balcony would result in an unacceptable loss of privacy to the occupiers of number 17 & 19 Tanyard Close. As such the proposal is considered to be contrary to policies GN5 and HS9 and the Householder Design Guidelines.

DEVELOPMENT CONTROL COMMITTEE 11 Tuesday, 3 February 2009 Agenda Page 12 Agenda Item 3

09.DC.14 PLANNING APPEALS AND DECISIONS - NOTIFICATION

The Corporate Director (Business) submitted a report giving notification of two planning appeals that had been dismissed against the refusal of planning permission by the Planning Inspectorate.

RESOLVED – That the report be noted.

09.DC.15 DELEGATED DECISIONS DETERMINED BY THE CORPORATE DIRECTOR (BUSINESS), THE CHAIR AND VICE CHAIR OF THE COMMITTEE

The Committee received for information, tables listing four applications for Category ‘B’ development proposals which had, or were intended to be, determined by the Corporate Director (Business) under the adopted scheme of delegations, following consultation by the Chair and Vice-Chair of the Committee at meetings held on 13 January and 21 January 2009.

RESOLVED – That the table be noted.

09.DC.16 DELEGATED DECISIONS REPORT

The Committee received for information, a schedule listing the remainder of the planning applications that had been determined by the Corporate Director (Business) under the delegated powers between 19 December 2008 and 21 January 2009.

RESOLVED – That the schedule be noted.

Chair

DEVELOPMENT CONTROL COMMITTEE 12 Tuesday, 3 February 2009 Agenda Page 13 Agenda Item 4 Report

Report of Meeting Date

Corporate Director Development Control (Business) Committee 03.03.2009

PLANNING APPLICATIONS AWAITING DECISION

Item Application No. Recommendation Location Proposal

1 08/01170/OUTMAJ Permit (Subject to Site Of Former Social And Outline application for the Legal Agreement) Athletic Club Duke Street erection of 71 dwellings Chorley including access and scale.

2 09/00024/FUL Referred to Full Land 80m West Of Erection of multi use games Council for Buckshaw Village School area including provision of Decision Chancery Road Astley 3m steel fencing, tarmac Village Lancashire playing surface and access footpaths.

3 08/01253/OUTMAJ Outline App Waggon & Horses Public Outline application for Permitted with House 2 Coppull Moor residential development for Legal Agmnt Lane Coppull Chorley PR7 33 dwellings including 4LL access and scale

4 08/01249/REMMAJ Approve Reserved Wyevale Garden Centre Reserved Matters Matters 338 Southport Road Ulnes Application for re- Walton PR26 8LQ organisation of garden centre, including erection of horticultural shade house, extension to existing building with demolition of existing dwelling and propogation house, including appearance, scale and landscaping (Outline Permission Ref: 05/01002/OUTMAJ),

5 09/00033/OUTMAJ Permit (Subject to Northolme Private Nursing Outline application for the Legal Agreement) Home 67 Preston Road demolition of existing Chorley Lancashire PR7 building and erection of a 4 1PL storey apartment building providing 28 one and two bed roomed apartments with associated car parking Agenda Page 14 Agenda Item 4 Report

6 09/00044/OUTMAJ Referred to Full Friday Street Depot Friday Outline application for the Council for Street Chorley PR6 0AA demolition and clearance of Decision existing warehouse and outbuildings and erection of proposed 2 storey primary health care centre (Use Class D1) including ancillary office accommodation

7 09/00023/FUL Refuse Full Land West Of New dwelling for Planning Knowleswood Wrennalls agricultural workers Permission Lane Heskin Lancashire including detached garage

8 08/01252/OUT Refusal of Outline Rivington Village Club Erection of proposed Planning Horrobin Lane Rivington country house hotel (outline Permission Horwich Bolton application)

9 08/01070/FUL Permit Full Land 73m South Of 62 Erection of one detached Planning Lancaster Lane Clayton-Le- dwelling on land to the rear Permission Woods of 62 Lancaster Lane, Clayton Le Woods (utilising access road approved by 07/00685/FUL and 08/00862/FUL

11 09/00053/FUL Refuse Full The Boatyard Inn Bolton Retrospective application to Planning Road Withnell Chorley PR6 retain 4 no. lighting Permission 8BP columns.

10 09/00018/TEL Prior Notification for Land 100m South Of Prior notification for the Telecom - Refusal BWFC Training Ground erection of a 15m high Building Euxton Lane monopole, 3 No. 3G Euxton Lancashire antennas and equipment cabinet, Agenda Page 15 Agenda Item 4a

Item 1 08/01170/OUTMAJ Permit (Subject to Legal Agreement)

Case Officer Mrs Nicola Hopkins

Proposal Outline application for the erection of 71 dwellings including access and scale.

Location Site Of Former Social And Athletic Club Duke Street Chorley

Applicant Victory Park (Holdings) Ltd

3 letters have been received in respect of the proposed development. Consultation expiry: 8 th January 2009 Application expiry: 24 th February 2009

Update Members will recall that this application was considered at DC Committee on 3 rd February and the members resolution was to defer the determination of this application to enable the provision of further information in respect of the off-site playing field and play space provision.

Firstly, the applicant has agreed to increase the contribution at Rangletts Recreation Ground to £65,000 which will enable improvements to the play space and the provision of Multi Use Games Area.

In respect of the Members’ main concerns the People Directorate have provided the following information. The playing field at Westway is the biggest facility under council ownership that is not served by changing facilities. It has the optimum vehicle access, being served by Westway and Chancery Road, and is close to all the towns major routes (these being A6, A49, M6, M61, M65).

The site has far more room for expansion, to deliver more pitches and to a higher standard, than any other facility. As Sport England have stated this as key criteria (the need to increase quantity and provide changing facilities).

The only other facilities that are able to offer multi-pitch groupings are King George's Fields in Adlington and the Jubilee Playing Fields, also in Adlington. King George's Fields already provides our most modern changing accommodation to serve its three football and one rugby pitches, while Jubilee Playing Fields has only two pitches, with no space for expansion.

Agenda Page 16 Agenda Item 4a

Three options have been considered for the provision of changing facilities and parking, these being; 1 - Access from Westway, new car park construction and a purpose-built Changing facility 2 - Partnership arrangement with Chorley Rugby Union Football Club, to access via their site and share facilities 3 - Changing Room extension to nearby Community Centre allowing for use of existing Hall Gate Car Park

All of these options assume that the commuted sum provided is £525,000. Of these options the third one appears to offer the most benefit. Given the commuted sum in question, the proximity of the community centre to the playing fields and the existing car park being in place it seems feasible that the provision of increased pitch quantity can be delivered, with modern changing accommodation. Lancashire County Council have confirmed that access off Westway is unlikely to be considered acceptable hence why option 3 is preferred.

Sport England have made the following additional comments in respect of the proposed Westway improvements, In respect of the issue about the commuted sum and where it is spent, the main issue from our point of view was to ensure that Exception E4 of our policy is met, particularly in terms of quantitative replacement. The Westway scheme will bring marginal land back into useable playing field and is located close to the application site and as such on balance we felt that this together with the additional qualitative benefits being proposed would meet the spirit of this exception.

Sport England have also confirmed that in respect of the potential of splitting the sum, from their point of view as long as it still delivers a genuine, replacement playing field of equivalent quantity and quality in a suitable location then they would not raise an objection. However, one potential drawback to splitting the sum would be where some of the quality improvements to be delivered at Westway would be lost e.g. new changing accommodation, particularly as this was identified as an issue in the Council’s earlier playing pitch strategy.

The People Directorate have confirmed that the whole contribution of £525,000 is required for the proposed development at Westway to provide a quality development and increase the quantity of pitches available at the site. If the contribution was split between sites a quality development with increased quantity could not be achieved which would be contrary to the Local Plan Policies and Sport England’s Policies and therefore would be unacceptable.

Proposal The application is an outline application for the erection of 71 dwellinghouses including access. As this application is an outline application the only issues to consider are the principle of redeveloping the site, the access and the scale of the proposed houses. In the event that planning permission is granted the design, landscaping and layout will be dealt with at reserved matters stage.

Agenda Page 17 Agenda Item 4a

The site is the former Social and Athletic Club located on the corner of Duke Street and Brindle Street. The site is allocated within the Local Plan as protected play space.

The proposal incorporates the erection of 71 new dwellings with access off Brindle Street. The site is 1.5 hectares in area and the erection of 71 dwellings will result in a density of 47.33 dwellings per hectare which is considered to be appropriate within this area.

Summary The site is located within a sustainable location close to Chorley Town Centre and is very residential in character. The main Planning Policy issue in this regard is the fact that the site is allocated as playing fields. At the time of writing this report Sport England upheld their objection to the proposal however discussions are ongoing with the Council to try and resolve this and any resolution will be reported on the addendum.

Planning Policy National Polices: PPS1, PPS3, PPS9, PPS22, PPS23, PPS25, PPG17

North West Regional Spatial Strategy: Policy DP1: Spatial Principles Policy DP4: Make the best use of Existing Resources and Infrastructure Policy DP7: Promote Environmental Quality Policy RDF1: Spatial Priorities Policy L4: Regional Housing Provision Policy L5: Affordable Housing Policy RT9: Walking and Cycling Policy EM5: Integrated Water Management Policy EM15: A Framework for Sustainable Energy in the North West Policy EM16: Energy Conservation and Efficiency Policy EM17: Renewable Energy

Adopted Chorley Borough Local Plan Review: GN1: Settlement Policy- Main Settlements GN5 : Building Design and Retaining Existing Landscape Features and Natural Habitats GN9 : Transport Accessibility EP4 : Species Protection EP9 : Trees and Woodland EP17: Water Resources and Quality EP18: Surface Water Run Off HS4 : Design and Layout of Residential Developments HS5 : Affordable Housing HS6 : Housing Windfall Sites HS21 : Playing Space Requirements TR1 : Major Development- Tests for Accessibility and Sustainability TR4: Highway Development Control Criteria TR18: Provision for pedestrians and cyclists in new developments LT14: Public, Private, Educational and Institutional Playing Fields, Parks and Other Recreational Open Space Sustainable Resources Development Plan Document Statement of Community Involvement

Agenda Page 18 Agenda Item 4a

Planning History 97/00747/FUL- Demolition of existing pavilion building and erection of 57 two storey houses. Refused

97/00756/FUL- Demolition of existing pavilion building and erection of 57 two storey houses. Withdrawn

05/01146/OUTMAJ- Outline application for the redevelopment of 1.5ha of land for residential use and bowling green. Withdrawn

Applicant’s Case The following points have been submitted in support of the application: • The site is currently derelict, underused and overgrown. It was formally a sports ground which was forced to close in 1996 when costs became unsustainable. • The site is bounded by residential property and public roads with open space beyond. • The site is in a very sustainable location only 600m from the town centre close to shops, pubs, services and public transport • At 47.33 dwellings per hectare the proposal represents an appropriate opportunity to develop this site in accordance with sustainable principles representing most efficient use of this vacant and overgrown urban site. • Although the layout is for illustrative purposes only it does demonstrate that an appropriate scheme can be accommodated satisfying all national, regional and local plan policies and guidance.

Representations 2 letters of objection have been received raising the following points: • Too many houses in the area • Not suitable for building • Three storey properties will lead to loss of light

1 letter has been received commenting on the application raising the following points: • Additional traffic • Traffic calming measures should be implemented

Consultations Lancashire County Council (Highways) have no highways comments on this application and the principle of residential development is accepted.

Lancashire County Council (Ecology) have commented on the need for a bat survey of an existing structure and have suggested various conditions/ informatives.

Sport England object to the scheme on the grounds that the development will lead to the permanent loss of the existing playing field and does not meet any of the exceptions outlined in Sport’s England Playing Fields Policy. The proposal would therefore be contrary to Sport’s England Playing Fields Policy, PPG17 and Policy LT14 of the Local Plan.

Agenda Page 19 Agenda Item 4a

Corporate Director (Neighbourhoods) has no objection subject to various conditions/ informatives

Environment Agency has no objections subject to various conditions/ informatives

United Utilities has no objections subject to various conditions/ informatives

Planning Policy initially made the following comments: • The proposal is contrary to Policy LT14. The proposal does not provide an equivalent or enhanced new facility development in a convenient location. • Conditions are required to make sure that the proposals fully address the criteria of Policy SR1 of the Sustainable Resources DPD • The record of community involvement conforms with guidance in the Statement of Community Involvement

However following further discussions with Leisure Services the off site provision which is proposed is considered to be sufficient to mitigate the loss of the Duke Street Playing Field and as such the proposal accords with Policy LT14.

Assessment Principle of the Development In accordance with PPS3 land in built up areas such as parks, recreation grounds and allotments, which although it may feature paths, pavilions and other buildings, has not previously been developed does not fall within the definition of previously developed land. As such the site falls to be considered ‘greenfield’ land. The priority for new housing developments set out within PPS3 is previously developed land however achieving housing is suitable, sustainable locations is also a priority.

At the Public Inquiry into the Local Plan Review in 2002 the Inspector concluded that the site is, in principle, suitable for housing in terms of government guidance and structure plan policy. He accepted that the site is a sustainable location, well placed for local services and public transport and the site could make a contribution to affordable housing and relatively high- density development. However the site was retained as allocated play space and was not included within the housing allocations Policy within the Local Plan as the Inspector considered that there was an opportunity to re-establish the recreation use on the site which was financially viable. This was based on evidence provided of financial support and people who wanted to pursue this option. Returning the site to a meaningful recreation use would require considerable investment and restoration work.

Without the evidence and financial support at the time of the Public Inquiry it is clear from the Inspectors comments that the designation of this site may have been removed from the Local Plan. This notwithstanding however the site was retained as allocated play space which is one of the main material planning considerations in respect of this planning application.

Agenda Page 20 Agenda Item 4a

Loss of Allocated Play Space The site is allocated as play space within the Adopted Chorley Borough Local Plan Review, Policy LT14, and this is a saved Policy. In accordance with this Policy and Sport England’s Planning Policy Statement, A Sporting Future for the Playing Fields of England , development which involves the loss of playing fields will only be permitted if it can be demonstrated that the site is not required to satisfy a current or future recreational need, there is a clear excess of this type of facility for the catchment or an equivalent or enhanced facility is provided in a convenient location to serve the catchment. Sport England’s Policy has five exceptions which are reflected within the Local Plan Policy and include: • (E1) A carefully quantified and documented assessment of current and future needs has demonstrated to the satisfaction of Sport England that there is an excess of playing field provision in the catchment, and the site has no special significance to the interests of sport. • (E4) The playing field or playing fields, which would be lost as a result of the proposed development, would be replaced by a playing field or playing fields of an equivalent or better quality and of equivalent or greater quantity, in a suitable location and subject to equivalent or better management arrangements, prior to the commencement of development.

Sport England initially objected to the proposal for two reasons. Firstly, although the applicants state that ‘It is clear that there is no demand for the use of this site and it is not commercially viable to use the site for sporting and social uses’ no evidence that this is the case has been provided. Concerns were raised in this regard particularly as the previous application at the site, submitted in 2005, clearly stated that ‘on balance it is considered that there remains a potential need for the land at Duke Street as a playing pitch.’

However the agents for the application have confirmed that they do not intend for this proposal to address this exception (exception E1). It is their intention to try and satisfy exception E4 in respect of compensatory provision.

However Sport England were also concerned that although the applicants supporting statement states that compensatory provision will be provided for the loss of the playing pitch the extent and location of this provision was not clear.

Through discussions with the People Directorate is was considered that mitigation for the loss of the Duke Street playing field could be in the form of a commuted sum for off site improvements to existing facilities. The suggestions include: (1) Upgrading the existing play area on the Rangletts Recreation Ground (£50,000). This would offer substantially more play value to children and young people in the vicinity. (2) To deliver drainage improvements, access and changing facilities for users of sports pitches on the Westway Playing Fields (£525,000). This work is in-line with the current sports pitch development programme, and will be a key feature of the soon-to-be commissioned Playing Pitch Strategy. Agenda Page 21 Agenda Item 4a

Any commuted sum will be secured through the Section 106 Agreement.

Following further discussions between Sport England and the People Directorate Sport England have removed their initial objection to the proposal. Sport England have confirmed the following:

The proposed improvements and contribution to Westway Playing Fields, set out within the Section 106 Agreement, would represent a significant investment in pitch team sports, particularly when issues of poor quality playing surfaces and changing accommodation at this site were raised by local clubs in the Council’s 2002 playing pitch assessment. As such I am satisfied that this aspect would satisfy the better quality and suitable location requirements of Exception E4 of Sport England’s playing fields policy and paragraph 15 iii of PPG 17.

Sport England’s main concern related to the issue of the quantitative loss of playing field arising from the proposed development, given that the works identified related to existing, usable playing field land. Sport England have visited the Westway site and a sketch has been produced detailing the potential of the site. It is apparent that in order to achieve the additional pitch layouts being put forward at this site, works would have to be carried out to what is currently marginal land of the playing field, which due to the topography and levels would not currently be capable of forming a playing pitch. As such, the works to be funded through the commuted sum would in effect bring what is currently an unusable area of marginal land into use as playing field land which is capable of forming a new playing pitch.

As such Sport England now consider that the proposal would now be capable of satisfying Exception E4 of Sport England’s playing fields policy. The withdrawal of this objection is subject to changes to the Section 106 Agreement which have been incorporated into the draft Section 106 Agreement for this site.

Housing Development The proposal incorporates the erection of 71 dwellings. Although siting, design and landscaping will be dealt with at Reserved Matters Stage an indicative layout plan has been submitted demonstrating that the scheme can be accommodated on this site. 71 dwellings results in 47.33 dwellings per hectare which is a relatively high density however this site is very urban in character located within high density location close to the town centre. It is considered that a high density development in this sustainable location is the most appropriate use of the land in accordance with PPS3.

Although the layout plan is indicative the plan demonstrates that a mix of detached, semi-detached and terraced dwellinghouses and apartments can be accommodated on the site. The layout details 1 one bedroom apartment, 42 two bedroom apartments and dwellinghouses, 26 three bedroom houses and 2 four bedroom houses.

Agenda Page 22 Agenda Item 4a

The applicant intends to fix scale as part of this planning application. The submitted proposal includes a mixture of 2, 2.5 and 3 storey dwellings. The layout indicates 44 two storey properties, 11 2.5 storey properties and 16 three storey properties. Two storey properties will be located along the southern boundary of the site with the existing residential properties on Brindle Street and Harrison Road to protect the amenities of the existing and future residents. The higher properties are located within central locations on the site and to create focal buildings where there will be no adverse impact on existing neighbours. Richmond Court located at the western boundary is a large building and as such it is considered that accommodating 2.5 and 3 storey properties along this boundary will be character with the area and will not adversely impact on the existing or future residents.

In accordance with Policy L5 of the Regional Spatial Strategy and Policy HS5 of the Adopted Local Plan and 20% on site affordable housing will be required as part of the development. This obligation will form part of the Section 106 Agreement associated with the development and the 20% provision will be split between 70% rented affordable units and 30% shared ownership/ intermediate affordable units. This split is based on local need in the area.

This equates to 10 rented units and 4 shared ownership units. The submitted plan has indicated which units will be affordable. However the originally submitted layout included 8 two-bedroom houses/studios, 3 three bedroom houses and the remainder were 1/ 2 bedroom apartments which does not accord with need in the area. Following discussions between the applicants and Strategic Housing it has been agreed that 8 two bedroom units and 6 three bedroom units will be provided on site in accordance with the need in the area. This provision will form part of the Section 106 Agreements requirements and the location of the affordable units will be agreed on site as part of the reserved matters application. As 20% of 71 equate to 14.2 units 14 units will be provided on site and the 0.2 has been equated as a commuted sum to be paid for the provision of off-site affordable housing. The 0.2 provision equates to Ј10,200.

Design A Design Brief was produced for this site prior to the submission of a formal planning application. This brief requires a high density development, the proposal for 71 dwellings 47.33 dwellings per hectare is relatively high density in accordance with the brief. The scale of the properties is set out above and fixed at this stage. The proposal includes a maximum of two storey high properties along the southern boundary in accordance with the Design Brief. Similarly in accordance with the brief larger scale properties are considered acceptable in other locations on the site.

A large 3 storey building is proposed on the corner of Duke Street and Brindle Street to act as a focal point and to create identity in accordance with the brief. Some of the spacing standards have not been achieved on the submitted layout plan however as this plan is indicative and principal windows cannot be identified it is not possible to confirm the necessary spacing distances. The Agenda Page 23 Agenda Item 4a

applicants, however, are aware of the required spacing standards and it is considered that residential redevelopment of the site can be achieved whilst protecting the amenities of the existing and future residents. Additionally, in accordance with the brief, affordable housing will be provided on the site.

The scheme incorporates only one vehicular access point off Brindle Street and although the indicative layout indicates a dropped kerb to serve plots 5 and 6 the applicants have been made aware that this will not be acceptable and parking will need to be provided in the form of rear parking courts with no vehicular access off Duke Street/ Brindle Street. This will be enforced through a condition attached to the recommendation.

The scheme includes an area of public open space adjacent to the boundary with Richmond Court which provide amenity space for the future residents and will benefit the visual amenities of the area. This accords with the Design Brief for the site.

In design terms it is considered that the proposal accords with the brief for the site and achieves the objectives of the Brief.

Ecological Implications Due to the nature of the site and the fact that there are existing trees on site the proposed development has the potential to create ecological implications. As such an Ecological Appraisal has been submitted as part of the application.

The Ecological Assessment concludes that there are no important habitats on the site, before tree/ shrub removal checks for nesting birds will be required unless they are removed outside of the breeding season and no bats were identified however a small brick building on site requires surveying prior to demolition.

The Ecologist at Lancashire County Council is satisfied with the results of the survey and has suggested various conditions/ informatives. The Ecologist was initially concerned with the potential for bat roosts in the existing building and advised that surveys of this building were required prior to making a recommendation. A further survey of this building was submitted which the Ecologist is satisfied with and demonstrates that there are no roosts in the building.

Highways The proposal incorporates one vehicular access point to the site off Brindle Street. Although the submitted layout is indicative at this stage the plan demonstrates that the scheme can be achieved without on street parking/ driveways along Brindle Street and Duke Street. Parking is provided in the form of rear parking courts and garages.

The scheme indicates that 130 parking spaces can be provided on the site. This is considered acceptable to serve the site particularly taking into account the mix of properties on the site, the fact that the site is located within a sustainable location close to the town centre and is within walking distance of a bus stop and local shops.

Agenda Page 24 Agenda Item 4a

There are various pedestrian access points proposed into the site including via Duke Street and via Richmond Court which will ensure the site is accessible. A simple transport assessment has been submitted with the application and Lancashire County Council Highways Section have reviewed the proposals. The Highway Engineer has no objections to the proposal and accepts the principle of residential development.

Sustainable Resources Following the adoption of the first policy document, Sustainable Resources Development Plan Document (DPD), within Chorley’s new Local Development Framework (LDF), the new style Local Plan, September 2008 an Energy Efficiency/Resource Conservation Statement, which sets out how the development complies with the criteria of policy SR1of the DPD, is required as part of the application.

A statement has been submitted as part of the application. As the application is outline it is difficult to specify precise measures at this stage to reduce carbon emissions and utilise sustainable resources. To ensure that the future reserved matters applications accord with Policy SR1 of the Sustainable Resources DPD appropriately worded conditions will be attached to the recommendation in this regard.

Public Consultation In accordance with the Council’s Statement of Community Involvement the applicants undertook consultations with the community prior to submitting the formal application. This included a public exhibition on 10 th November 2008 where neighbours were asked to comment on the proposed scheme.

In all 23 people attended the event, including 5 Council Members, 2 local police officers and 2 Council Officers. Nine comments forms were received. The main concerns were increase in traffic, loss of light and the site should be retained for open space/ sporting facilities. The applicants have responded to these queries as follows, The Highway Authority will assess the highway/ traffic implications of the development, the layout has been designed to exceed minimum interface distances ensuring protection of light and privacy and a commuted sum will be provided for off site sports facilities to mitigate for the loss of this facility.

It is considered that the community involvement undertaken is in accordance with the Council’s Statement of Community Involvement.

Trees and Landscape There are existing trees on the site which include Sycamore, Lombardy Poplars, Silver Birch and a Lime Tree. Prior to the submission of a formal planning application the trees on site were assessed by the Council’s Arboricultural Officer. The Sycamores have been pollarded and coppiced previously which has resulted in poor specimens and the Poplars are considered to be visually imposing trees, as such it is not considered that these trees are worthy of retention. The Silver Birch and Lime Tree on site are Agenda Page 25 Agenda Item 4a

considered to be good example of trees, worthy of retention and as such these trees have been protected by Tree Preservation Order 2 (Chorley) 2008.

The two protected trees are indicated on the indicative layout plan for retention and are sited away from the proposed dwellinghouses to ensure protection and future retention. A condition will be attached to the recommendation requiring replacement trees for the trees which will be felled as part of the development and protection for retained trees.

Levels Although the site appears relatively flat there are differing land levels across the site. A topographical survey has been submitted with the application which details that the central points of the site are at a lower land level and the levels rise up around the boundaries of the site. The drainage appraisal submitted with the application states that central ground levels are up to 1.5 metres lower than the boundary site levels. In order to connect the site to a public sewer it will be necessary to raise the ground levels along the Brindle Street frontage and the southern boundary approximately 1.2m above the existing south eastern boundary levels.

The levels of the site, compared to the existing levels, will be raised due to the difference in levels which currently exists to create a flat site with adequate drainage. The most significant level change will be in the south eastern section of the site close to the properties on Brindle Street and Harrison Road. A condition will be attached requiring proposed levels details as part of any reserved matters application to ensure adequate spacing standards are achieved, taking into account the level differences between the site and neighbouring parcels of land, to protect the amenities of the existing and future residents. It is considered that residential redevelopment can be achieved on this site taking into account the level changes.

Contamination A Geoenvironmental Appraisal and Gas Appraisal of the site have been undertaken and submitted with the application. The appraisals relate to the ground conditions of the site, contamination and gas protection requirements. The Environment Agency and the Council’s Environmental Services Section have reviewed these documents and consider the information to be sufficient subject to suitable conditions/ informatives.

Response to Neighbour Concerns In respect of the neighbours concerns the fact that there are too many houses within the area is not a material planning consideration. The site does fall to be considered a ‘greenfield’ site however the fact that the site is located within a sustainable location which is suitable for housing ensures that the proposal complies with the relevant Planning Policies. The three storey properties will be located within central locations on the site and the layout, which will be dealt with at reserved matters stage, will ensure that the amenities of the future and existing residents are maintained.

Agenda Page 26 Agenda Item 4a

Concerns have been raised about extra traffic in the area however the Highways Engineer has raised no objections to the scheme or highway safety in the area.

Conclusion It is considered that the site is located within a sustainable location close to local services and the Town Centre and could be redeveloped for residential use. The outstanding issue however still relates to the allocation of the site as Playing Fields which is currently being discussed and will be addressed on the addendum.

Recommendation Approve Outline Planning Permission (subject to a Section 106 Agreement)

1. An application for approval of the reserved matters (namely siting, external appearance of the buildings and landscaping of the site) must be made to the Council before the expiration of three years from the date of this permission and the development hereby permitted must be begun two years from the date of approval of the last of the reserved matters to be approved. 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 application for approval of reserved matters shall be accompanied by full details of existing and proposed ground levels and proposed building slab levels (all relative to ground levels adjoining the site), notwithstanding any such detail shown on previously submitted plans. 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 application for approval of Reserved Matters shall be accompanied by full details of the predicted energy use of the development expressed in terms of carbon emissions. 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. No development shall commence until the scheme has been submitted to and approved in writing by the Local Planning Authority. 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

4. The application for approval of Reserved Matters shall demonstrate and provide full details of how the design and layout of the buildings will withstand climate change. The Agenda Page 27 Agenda Item 4a

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. No development shall commence until the scheme has been submitted to and approved in writing by the Local Planning Authority. 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.

5. The application for approval of reserved matters shall be accompanied by full details of the location and design of the on site affordable housing units, notwithstanding any such detail shown on previously submitted plans. The development shall only be carried out in conformity with the approved details. Reason: To ensure the proper development of the site and in accordance with Policy Nos. HS5 of the Adopted Chorley Borough Local Plan Review.

6. 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.

7. 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. The details shall also demonstrate that the biodiversity resource within the application area will be enhanced as part of the proposals. The scheme should include a landscaping/habitat creation and management plan which should aim to contribute to targets specified in the UK and Lancashire Biodiversity Action Plans. Landscaping proposals should comprise only native plant communities appropriate to the natural area. Reason: In the interests of the amenity of the area and in accordance with Government advice contained in PPS9, Policy EM1 of the North West Regional Spatial Strategy and Policies No.GN5 and EP9 of the Adopted Chorley Borough Local Plan Review.

8. 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

Agenda Page 28 Agenda Item 4a

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.

9. The development hereby permitted shall not commence until samples of all external facing materials to the proposed buildings (notwithstanding any details 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 using the approved external facing materials. Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

10. 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.

11. No dwelling hereby permitted shall be occupied until the highway alterations to the site access with Brindle Street have been completed in accordance with the details which have been 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: In the interests of highway safety and in accordance with Policy No.TR4 of the Adopted Chorley Borough Local Plan Review.

12. 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.

13. No direct vehicular access shall be provided from Brindle Street or Duke Street to each of the individual plots which front onto Duke Street and Brindle Street. The parking for the dwellinghouses which front onto Brindle Street and Duke Street shall be in the form of rear parking areas accessible from within the development site. Reason: In the interest of highway safety and the visual amenities of the area. In accordance with Policies HS4 and TR4 of the Adopted Chorley Borough Local Plan Review.

14. Before any tree felling is carried out full details (including species, number, stature and location) of the replacement tree planting shall have been submitted to and approved in writing by the Local Planning Authority. The replacement tree planting shall Agenda Page 29 Agenda Item 4a

be carried out in accordance with the approved details within nine months of the tree felling. Reason: To safeguard the visual amenity of the area and in accordance with Policy Nos.EP9 of the Adopted Chorley Borough Local Plan Review.

15. Prior to the removal of trees on the site a bat roost search shall be undertaken to assess the presence of bats. In the event that bat roosts are identified the applicant shall contact Natural England for further advice prior to felling the tree/ trees were the roosts are identified. Reason: To ensure the continued and future protection of bats and in accordance with Policy EP4 of the Adopted Chorley Borough Local Plan Review

16. 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.

17. Due to the size of development and sensitive end-use, no development shall take place until: a) A methodology for investigation and assessment of ground contamination has been submitted to and agreed in writing with the Local Planning Authority. The investigation and assessment shall be carried in accordance with current best practice including British Standard 10175:2001 ‘Investigation of potentially contaminated site - Code of Practice’. The objectives of the investigation shall be, but not limited to, identifying the type(s), nature and extent of contamination present to the site, risks to receptors and potential for migration within and beyond the site boundary; b) All testing specified in the approved scheme (submitted under a) and the results of the investigation and risk assessment, together with remediation proposals to render the site capable of development have been submitted to the Local Planning Authority; c) The Local Planning Authority has given written approval to the remediation proposals (submitted under b), which shall include an implementation timetable and monitoring proposals. Upon completion of the remediation works a validation report containing any validation sampling results shall be submitted to the Local Authority.

Thereafter, the development shall only be carried out in full accordance with the approved remediation proposals. 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

18. If, during development, contamination not previously identified is found to be present

Agenda Page 30 Agenda Item 4a

at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out on the area of land affected 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

19. The development hereby approved shall be carried out in accordance with the gas protection measures set out within the Gas Appraisal dated 9th December 2008, ref: 7353/1/NMW, submitted by Encia Consulting Ltd and the Geo-environmental appraisal (ref: 7353/1, dated October 2007) submitted by Encia Consulting Ltd. Reason: To protect occupiers from the ingress of landfill gas and in accordance with Government advice contained in PPS23:Planning and Pollution Control

20. Prior to the commencement of the development full details of the Management Company and arrangements for the future management and maintenance of the site, including storage, collection of refuse and management of the open space, shall be submitted to and approved in writing by the Local Planning Authority. The site shall thereafter be managed by the approved Management Company, or their successors, in accordance with the approved arrangements. Reason: To ensure the satisfactory management of the site and in accordance with Policies GN5, HS4 and TR4 of the Adopted Chorley Borough Local Plan Review.

21. 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.

22. Prior to the commencement of the development full details of the bin storage facilities associated with the proposed residential units shall be submitted to and approved in writing by the Local Planning Authority. The bin storage thereafter shall be constructed and retained in accordance with the approved plans. Reason: To ensure that adequate refuge storage is provided on site and in accordance with Policy HS4 of the Adopted Chorley Borough Local Plan Review.

23. 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.

24. For the avoidance of doubt, notwithstanding the details on the submitted plans, the illustrative plan, reference 929:L8 dated 14 th January 2009, relates to scale only. Full details of the layout are required with the submission of the reserved matters application. Reason: To ensure the proper development of the site. In accordance with Policies GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

25. 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 Agenda Page 31 Agenda Item 4a

amending or revoking and re-enacting that Order, no alterations or extensions shall be undertaken to the dwellings 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.

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Application Number: Grid Ref: Scale: Agenda Item No. E: 358261 08/01170/OUTMAJ 1:1,250 1 N: 416806 Agenda Page 34

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Item 2 09/00024/FUL Permit Full Planning Permission

Case Officer Mr Andy Wiggett

Ward Astley And Buckshaw

Proposal Erection of multi use games area including provision of 3m steel fencing, tarmac playing surface and access footpaths.

Location Land 80m West Of Buckshaw Village School Chancery Road Astley Village Lancashire

Applicant Astley Village Parish Council

Proposal The application concerns a proposal to construct a Multi – Use Games Area on a section of public open space adjacent to Chancery Road in Astley Village. The site is a piece of flat grass between a footpath leading into the Primary School and to Millcroft and a wooded hollow with the flats of Brown’s Hey beyond. The MUGA would be of standard dimensions of 24m by 12m with a 3m high fence around the four sides. The fence would be of dark green metal mesh with curved corners and there would also be basket ball hoops at each end. Two lean back benches would be set 2m in from the footway on the side of Chancery Road.

Policy North West Regional Spatial Strategy: Policy L1: Health, Sport, Recreation, Cultural and Educational Services Provision Chorley Borough Local Plan Review: LT14 – Public, Private, Educational and Institutional Playing Fields, Parks and Other Recreational Open Space EP20 - Noise Planning Policy Guidance 17 – Planning for Open Space, Sport and Recreation Planning Policy Guidance 24 – Planning and Noise

Planning History None relevant

Consultations Coal Authority – standard comments Architectural liaison and Crime Prevention Adviser – During the past 12 months of 2008 there were 13 recorded crimes and 53 reported incidents on Chancery Road. The reported incidents are almost one per week, given the location in my opinion this is to be expected. The Youth Involvement Officer is content with the proposed site. To counter the potential for criminal damage, consideration should be given to ‘Secured by Design’ fencing around the perimeter of the MUGA. Greenspace Co-ordinator – Astley Village has a severe shortage of quality play opportunities for children and young people that live there. Given the

Agenda Page 36 Agenda Item 4b lack of appropriate locations for a MUGA and the genuine need for a centralised attraction that the young people can identify with, the Chancery Lane site has been offered as a contribution to the scheme.

Representations The application has been the subject of considerable public reaction both for and against the proposal. 83 individual letters of objection have been received expressing the following concerns: (a) Concern that the proposal will be an eyesore and adversely affect the environment (b) The proposal will affect public safety with balls going over the fence and into the road (c) The site will become a target for vandalism and public nuisance (d) The facility should be sited elsewhere as it will give rise to noise and disturbance to residents close by (e) Will encourage trespass and damage to the Primary School (f) There is an unused play area on the car park (g) Request conditions regarding removal in the event of the closure of the facility, landscaping and sound proofing to protect the amenity of adjacent properties (h) Loss of local beauty spot

Three petitions have been received objecting to the proposal, one of 14 signatures raises the above issues, one of 10 signatures express concern as to its location next to the School and one of 310 signatures expresses concern about it being an eyesore and traffic hazard.

51 individual letters of support have been received raising the following points: • Will be of great benefit to Astley Village by getting children out of their homes playing sport • It is situated in an ideal part of the village in a central position accessible to all children • It is next to a main road in full view of all passers by and can be monitored by local community support officers • The initiative of the originators of the proposal should be supported, as the facility is needed.

Three petitions have been received in support of the project, one of 140 signatures raises the following points: There are no sports facilities for children and young people in Astley Village, it will be a fantastic asset for young people who live in the Village as it will provide a safe and secure dedicated area for sport away from shops, community centre and Hall Gate car park. The second petition is of 36 signatures from the Agenda Page 37 Agenda Item 4b Astley Village Juniors FC and the third petition raises similar points to the first.

Applicant’s Case In support of the application the Parish Council have submitted a series of documents namely, a survey carried out by Places for People of their tenants to support a bid for Big Lottery “Green Spaces” funding. Many of the responses highlighted the need for a play area. A petition signed by 62 individuals seeking support of young people to a partnership project to get an outdoor ball games area in Astley Village. Copies of the Parish Council Newsletter in September and December 2008 suggesting the application site as a suitable location for the facility and confirming that a planning application would be submitted if funding were to be approved. The Parish Council have also stressed that a group of young people were the originators of the project and sought their support in a bid for funding from the Youth Capital Fund. This was successful and £64000 has been allocated for this project. The young people’s group has been closely involved in the design of the facility.

Assessment The main issues to consider are: impact on the existing open space, impact on amenity of adjacent properties, impact on the Primary School and potential for public nuisance and vandalism. These are each dealt with in turn.

Impact on Existing Open Space

The MUGA would be sited on a flat area of grass as part of a wider area designated as public open space in the Local Plan under the provisions of Policy LT14. This is concerned to protect existing recreational open space from unsympathetic development. The construction of an all weather play surface is not in conflict with this policy which will merely enable a more concentrated form of activity that can take place on the land currently, namely the playing of ball games. PPG 17 advises that local authorities should seek to improve existing facilities and encourage greater usage. Other locations for the facility have been looked at but discounted due to the lack of high visibility such as to the rear of the primary school which would not have a high degree of openness and good potential for public surveillance. As the MUGA will be located only a few metres behind the pathway and verge on Chancery Road its visual impact is of concern both in relation to the amenity of the open space and on the streetscene at this point. It is proposed that the 3m high fence be of a dark green colour which should assist in helping it to blend in with the grassed area with mature trees and shrubs behind. This part of Chancery Road does not have a consistent design as there is the

Agenda Page 38 Agenda Item 4b school frontage with its fence then the open space gap with its copse of mature trees and then the residential properties of Brown’s Hey. It is considered that the open mesh fence will not conflict with this as there will still be views through it into the open space to the properties on Millcroft. The proposal to lay a hard play surface would come within the category of permitted development if it had been submitted by the Borough Council but the fencing, as it is 3m in height would still have required planning permission.

Impact on Amenity of Adjacent Properties

The MUGA will be located at its closest point 40m from the Primary School building to the south west and 25m from the flats in Brown’s Hey to the north east. Between the flats and the MUGA is a hollow with several mature trees, however, the flats have large windows that face directly onto the games area. In terms of affect on outlook it is not considered that the open mesh fence will obstruct views but of more concern will be the potential for noise and disturbance from ball games being played there. Guidance in PPG24 is that for a recreational use it is necessary for local authorities to balance the enjoyment of the participants against any nuisance to other people. There are no noise standards for play areas but it is unlikely that noise from games being played will be continuous and as the facility will not be floodlit, unlikely to be late into the night. The facility is designed with sound damping built into the rebound walls and other parts of the structure to help minimise noise. Because the area is currently used for recreational activities which have some impact on these properties in terms of noise and disturbance, the resultant impact is not considered to be sufficiently adverse to justify a refusal. In addition, if the proposal were to go ahead, in order to protect the amenity of the adjacent flats, it is recommended that a substantial tree screen should be conditioned along the north eastern perimeter. Across the other side of Chancery lane is the residential development of Harewood. There is a concentration of elderly people on this side of the road but at its nearest point the MUGA would be 40m from the properties and these are at 45 degrees to the facility and with a brick wall in front of them. It is not considered that the MUGA will adversely impact on the amenity of these properties because of the distance and the presence of the road in between it and the dwellings.

Impact on the Primary School and the Potential for Public Nuisance and Vandalism

Many objections express concern that as The MUGA is to be located next to the Buckshaw Primary School it will result in an increase in trespass and vandalism. The School have supplied information regarding incidents of damage and vandalism at the Agenda Page 39 Agenda Item 4b school and how, through time and effort the building, grounds and outdoor facilities have been brought up to a high standard. Over the last two years there have only been minor incidents. Fear of crime can be a material consideration in planning, however, it has been established that there will need to be some reasonable evidential basis for that fear. The School have shown that problems have occurred without there being a play area next to the school. One of the reasons for the MUGA and its location on Chancery Road is that it can be seen and be visually supervised. The Youth Involvement Officer supports the location on this basis as does the Council’ Greenspace Co-ordinator. The Government’s aim is to create safe and accessible environments where crime and disorder, or fear of crime does not undermine the quality of life or community cohesion (PPS1: Delivering Sustainable Communities). Having a safe and highly visible place for children and young people to play supports this Government initiative and there is no evidence to suggest that its presence will give rise to crime. The experience of the Council with the MUGAs completed in recent years is that they benefit the areas around them and reduce incidences of disturbance and vandalism particularly where, as in this case, the local young people were involved in their evolution.

Other Issues

Concern has been expressed at the MUGAs positioning adjacent to Chancery Road and the danger of balls going over the perimeter fencing into the road and so dangerous. Experience with such facilities is that a 3m height is satisfactory to minimise this risk .

Some objectors have raised of bluebells growing on the site and although listed as protected species, the protection only extends as far as banning the sale of the bulbs. However if the project were to be approved it is recommended that the bulbs be transplanted elsewhere in the openspace.

Conclusion Any recommendation for this proposal has to be a balanced judgement, particularly in view of the sharply divided public response. Many objectors have qualified their objections by stating that they support the provision of a ball games facility but do not agree with the proposed site but this application must be judged on its merits with regard to the chosen site. The location chosen is not ideal in that there are flats looking out onto the MUGA that are only 25m away. However, there are some mature trees between it and the flats and it is recommended that this be reinforced by planting of additional trees. PPG24 advises that a balance needs to be struck between the enjoyment of the users of the facility and the nuisance to neighbours but the wider community

Agenda Page 40 Agenda Item 4b benefits of securing community cohesion in terms of providing young people with a safe and visible play area adds weight to a recommendation to approve. This same argument applies to the fear of increased vandalism and disturbance likely to arise. Members need to weigh up any potential unquantifiable risk with the positive benefits of allowing the MUGA.

Recommendation Refer to Full Council for Decision (as the proposal is on Council owned land) with a recommendation to approve.

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 development hereby permitted shall not commence until full details of the colour, form and texture of the perimeter fencing of the MUGA (notwithstanding any details shown on the 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 using the approved external facing materials. Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy No. GN5 of the Adopted Chorley Borough Local Plan Review.

3. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. Reason: In the interest of the appearance of the locality and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

4. At the commencement of ground excavations the site shall be inspected for the presence of bluebells and if found the bulbs shall be translocated to an alternative location within the open space as agreed in writing by the Local Planning Authority. Reason: To secure the preservation of a protected plant species in accordance with Policy EP4 of the Adopted Chorley Borough Local Plan Review.

5. Notwithstanding the submitted plans no development shall take place until a scheme of landscaping for the area of land to the north east of the perimeter fence of the Multi- Use Games Area between it and the flats at Brown’s Hey has been submitted to and agreed in writing by the Local Planning Authority. The scheme shall indicate all existing trees 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. Agenda Page 41 Agenda Item 4b

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Subway 0a to 1 CF 6 Jane E Meek BSc(Hons) DipTP MRTPI Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office. Crown Copyright. Corporate Director (Business) Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Chorley Council Chorley B.C. 100018509 (2007)

Application Number: Grid Ref: Scale: Agenda Item No. E: 357442 09/00024/FUL 1:1,250 2 N: 418642 Agenda Page 42

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Item 3 08/01253/OUTMAJ Outline App Permitted with Legal Agmnt

Case Officer Mr Andy Wiggett

Ward Coppull

Proposal Outline application for residential development for 33 dwellings including access and scale

Location Waggon & Horses Public House 2 Coppull Moor Lane Coppull ChorleyPR7 4LL

Applicant C/O Agent

Proposal The application is in outline form and proposes the demolition of the Waggon and Horses public house at the corner of Coppull Moor Lane and Chapel Lane and the redevelopment of the site and what is now an adjoining field for 33 dwellings. The application is accompanied by an illustrative layout but is only seeking approval to access and scale with the remainder being reserved for a further application. The site is bounded by 2 storey dwellings to the north on Summerfields, a main railway line to the west, Chapel Lane to the east and Coppull Moor Lane to the south with dwellings beyond.

Policy Regional Spatial Strategy: Policy DP1: Spatial Principles Policy RDF1: Spatial Priorities Policy RDF2: Rural Areas Policy L4: Regional Housing Provision Policy CLCR: Central Lancashire City Region Priorities

Chorley Borough Local Plan Review DC3 – Areas of Safeguarded Land DC10 – The Protection of Community Facilities in Rural Areas HS4 – Design and Layout of Residential Areas HS5 – Affordable Housing GN5 – Building Design and Retaining Landscaping Features and Natural Habitats TR4 – Highway Development Control Criteria

Planning Policy Statement 1 : Delivering Sustainable Development Planning Policy Guidance 2 : Green Belts Planning Policy Statement 3 : Housing Planning Policy Guidance 13 : Transport

Planning History None relevant

Consultations Environment Agency – No objection in principle subject to a condition requiring surface water attenuation Neighbourhoods Directorate – Applicant has submitted a phase one report which appears to be satisfactory. Phase two (intrusive site investigation) is required along with any remedial measures where necessary. Crime Reduction/Architectural Liaison Officer – C ould a play facility for children be provided within the layout. The applicant

Agenda Page 44 Agenda Item 4c states that they intend that the site will be designed to achieve Secured by Design Certification. The applicant should contact him at the earliest opportunity. Lancashire County Council Highways – have concerns about the access arrangements in that the development is for more than 5 dwellings off roads that are not to adoptable standard. Lancashire County Council Planning – considers that the development conforms to the Regional Spatial Strategy. Lancashire County Council Ecologists – I have reviewed the Ecological Survey and Assessment submitted. Provided conditions are attached as follows the proposals should be in accordance with the biodiversity planning policy – for the precautionary protection of bats, replacement bat roosting opportunities, protection of breeding birds, protection of trees and landscape management. United Utilities – No objection to the proposal provided the site is drained on a separate system. A public sewer crosses the site and building over it is not permitted. An access strip of 6m wide, 3m either side of the centre line is required. Network Rail – Require that all/any building or structure must be at least 2m from the railway boundary so that any maintenance work can be carried out without encroaching onto railway land.

Representations 4 letters of objection have been received raising the following points • Extra traffic on Chapel Lane will cause safety problems • Affect the outlook of existing adjacent dwellings • Loss of public house as a community facility • Spoil the rural nature of the area

Applicant’s Case The applicant has submitted a planning statement raising the follow matters: • The illustrative layout shows 33 dwellings at a density of 30 dwellings per hectare • One new access is shown onto Chapel Lane with dwellings also fronting onto Summerfields • The public house has not traded well for a number of years and due to competition in the area, poor location and small size it will continue to prove unviable • Although shown as safeguarded land in the Local Plan, following the adoption of the RSS and its housing figures not being maximums together with the demonstrable need for affordable housing represent very special circumstances • A community involvement exercise was carried out in December last year involving leafleting 150 local addresses and a public exhibition. 15 responses were received with 9 expressing support and 4 against the proposal • The site is in a sustainable location only 850m from the centre of Coppull close to shops, pubs, services and public transport • There will be 11 affordable housing units

Agenda Page 45 Agenda Item 4c

Assessment The main issues to consider are: planning policy, housing considerations, highway considerations, ecological considerations and loss of community facility these are dealt with in turn.

Planning Policy

The Development Plan comprises the Regional Spatial Strategy and the saved policies in the Chorley Local Plan. The Local Plan policies will be replaced by the Local Development Framework and site allocations DPD. Both of these documents are in the course of preparation with adoption anticipated in two years time. The application site is covered by Policy DC3 which identifies land which may be required for development in the future. The concept of safeguarded land is set out in PPG2 Green Belts. This explains that in order to ensure the protection of Green Belts over a long timescale it may be necessary to safeguard land between the urban area and the Green Belt which may be required to meet longer-term development needs. Regional/strategic guidance should provide a strategic framework for considering this issue. No development which would prejudice later comprehensive development should be permitted. Finally it is advised that development policies should provide that planning permission for the permanent development of safeguarded land should only be granted following a review which proposes the development of particular areas of safeguarded land. It is explained that making safeguarded land available in other circumstances would thus be a departure from the plan. The Waggon and Horses with its large curtilage could be developed in isolation by way of a change of use to residential purposes but this would represent piecemeal development and sterilise a corner of the site. A comprehensive approach to the development of the whole of the land now rather than wait for two o three years for the LDF to be adopted is the recommended way of dealing with it and this proposal follows this .

Housing Considerations

The above situation is complicated by the fact that Policy DC3 is a saved policy and in the letter from the Government Office agreeing to policies being extended until the LDF is adopted, it is emphasised that where the policies were adopted some time ago new national policy guidance will be afforded considerable weight in decisions. This is particularly so with PPS3 Housing, issued in 2006 which states the Government’s commitment to providing affordable housing. The current application proposes that there will be a 30% level of affordable housing provided, that is 11 units and this is in line with Policy L5 of the RSS but higher than the figure in Policy HS5 of the Local Plan. Policy HS5 states that for sites over 15 dwellings the Council will seek a minimum of 20% of the total number of units, which for this application would result in 6 affordable units. The Council would only be able to insist on a higher proportion of affordable houses in rural settlements excluded from the Green Belt and Coppull does not fall within this category. In this context it is considered

Agenda Page 46 Agenda Item 4c that very special circumstances have been demonstrated to overcome the safeguarded land policy and not establish a precedent for all other such land in the Borough in view of the need for affordable housing in Coppull. The site satisfies all the other criteria in PPS3 with regard to location in that the site is within walking distance of the centre of Coppull and other facilities and is on a bus route with frequent services. It can be viewed as a small scale rounding off of Coppull linking in to the existing housing development on Summerfields.

Highway Considerations

The applicants have submitted a Transport Statement which concludes that the road safety record around the site does not represent a material concern in the context of the proposed development. The minor increases in traffic flows generated by the proposed development will not have a material impact on the operation or safety of the local highway network. The Statement concludes that there are no overriding reasons to refuse planning permission on highway safety grounds. The Highway Authority have concerns, however, that the use of Summerfields for an additional 6 Dwellings is not acceptable due to limited visibility. They are looking for a visibility splay of 2.4m by 90m but the latest guidance from the Department of Transport ‘Manual for Streets’ advises that a visibility splay of 2.4m by 45m would be acceptable. This can be achieved at the junction for visibility northwards over the 1m high boundary wall of the new dwelling at the junction and to the south 90m can be achieved. A condition was attached to ensure that this wall could not be altered without planning permission. The application proposes an additional road access out onto Chapel Lane which is of concern to the Highway Authority but Manual for Streets no longer specifies junction spacing distances. However, discussions with the Highway Authority have confirmed that a suitable access scheme for the site can be designed and in the circumstances it is recommended that access be conditioned out of any approval to be resolved at the reserved matter stage when a detailed definitive housing layout will be submitted. The Highway Authority will then be content to enter into a S278 agreement for works within the highway. The community involvement exercise results revealed that only two respondents raised the issue of increased traffic. The Highway Authority have asked that the S106 agreement includes a contribution of £66000 towards transportation improvements chiefly bus services. The applicant’s Transport Statement indicates that there would be a very small number of trips likely to be generated by the development such that a large investment in public transport by way of additional bus stops and support for the existing bus service would be difficult to substantiate.

Ecological and Environmental Issues

The applicants have submitted an Environmental Site Assessment which concludes that whilst no significant risks of contamination have been identified it is recommended that a ground investigation be undertaken to characterise the ground condition so n the site and confirm that no contamination risks are present . This will also provide information to allow suitable Agenda Page 47 Agenda Item 4c foundations to be designed for the proposed dwellings and to assess the extent and nature of some fly tipping on the site. This can be secured through the imposition of a suitable condition. Due to the sites closeness to the railway line a noise assessment accompanied the application. It concludes that when assessed in relation to criteria in PPG24 Planning and Noise, the majority of the site was where noise mitigation measures may make development acceptable. However, there should be no houses within 3m of the railway boundary and the nearest houses to the railway should be gable end on and adequate sound insulation glazing to windows overlooking the railway fitted with possibly acoustic ventilation so that they can be kept closed. The Ecological Survey and Assessment accompanying the application concludes that provided the guidance detailed in Section 5 is satisfactorily applied during the site design and ultimately the site construction, the development of the site to a residential development is feasible and acceptable in terms of ecology and nature conservation interests and constraints. The conditions suggested by the County Ecologist covering bats, breeding birds and tree protection will secure this.

Loss of Community Facility

Policy DC10 is concerned with the retention of community facilities such as a public house where the local residents would be disadvantaged or likely to lead to the closure of others. The applicant has to demonstrate that alternative facilities exist elsewhere, that it is no longer viable, efforts have been made to sell or let it, or it is in an isolated location. This proposal would mean the loss of a public house but the applicant has provided a detailed history of the poor commercial success of the enterprise. As there are several public houses serving the population of Coppull it is unlikely that a refusal on the grounds of the loss of a community facility would be supported on appeal. The community involvement exercise carried out in December of 2008 produced 15 responses out of the 150 leaflets and questionnaires sent out. Four objectors were concerned about the loss of the public house but the applicants have demonstrated in the Operations Report that it is not a viable concern.

Other Issues

The application was supported by a flood risk assessment which concludes that there is no evidence of flooding in the area. Surface water attenuation on site will be required to restrict the discharge rate. Due to the nature of the site with drift deposit clays overlying rocks, soakways and infiltration SUDS are precluded. United Utilities have agreed in principle how the site might be drained.

Conclusion The proposed use of the land for the erection of 33 dwellings is acceptable in principle with the imposition of suitable conditions. Its loss as a community facility would be difficult to substantiate. Highway aspects can be reserved for a subsequent detailed application. The main issue with this application remains the reconciliation with its classification as safeguarded land. It is advised that the provision of a significant number of affordable

Agenda Page 48 Agenda Item 4c houses in accordance with the advice in the Regional Spatial Strategy and PPS3 represents the necessary circumstances to overcome Policy DC3 following the opinion of GONW in their letter extending the Local Plan policies. To release this site in advance of the LDF will not undermine the thrust of the Local Plan and therefore, not represent a departure to be notified to the Government Office.

Recommendation Permit subject to a legal agreement on contribution to playspace provision and affordable housing.

Recommendation: Outline App Permitted with Legal Agmnt 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. Before the development hereby permitted is first commenced, full details of all reserved matters (namely the siting, design, external appearance of the buildings, the means of access thereto and the landscaping of the site) shall be submitted to and approved in writing by the Local Planning Authority. Reason: The permission is in outline only and in accordance with Policy Nos. GN5, HS4 and TR4 of the Adopted Chorley Borough Local Plan Review.

3. No development approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters has been approved in writing by the Local Planning Authority. Such a scheme shall be constructed and completed in accordance with the approved plans. Reason : To ensure a satisfactory means of drainage and in accordance with Policy No. EP18 of the Adopted Chorley Borough Local Plan Review.

4. No development shall take place until: a) a methodology for investigation and assessment of ground contamination has been submitted to and approved in writing by the Local Planning Authority. The investigation and assessment shall be carried out in accordance with current best practice including British Standard 10175:2001 “Investigation of potentially contaminated sites – Code of Practice”. The objectives of the investigation shall be, but not limited to, identifying the type(s), nature and extent of contamination present to the site, risks to receptors and potential for migration within and beyond the site boundary; b) all testing specified in the approved scheme (submitted under a) and the results of the investigation and risk assessment, together with remediation proposals to render the site capable of development have been submitted to the Local Planning Authority; c) the Local Planning Authority has given written approval to the remediation proposals (submitted under b), which shall include an implementation timetable and monitoring proposals. Upon completion of the remediation works, a validation report containing any validation sampling results have been submitted to and approved in writing by the Local Planning Authority.

Agenda Page 49 Agenda Item 4c 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 the guidance set out in PPS23: Planning and Pollution Control

5. 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 area(s) so fenced. All excavations within the area so fenced shall be carried out by hand. Reason: To safeguard the trees to be retained and in accordance with Policy No. EP9 of the Adopted Chorley Borough Local Plan Review.

6. Before the demolition of the buildings on the site the survey for the possible presence of roosting bats as recommended in Section 5.2 of the report prepared by Environmental Research and Advisory Partnership received on the 23 rd December 2008 shall be carried out and the results submitted to and agreed in writing by the Local Planning Authority. Any mitigation measures found to be necessary shall be agreed in writing by the Local Planning Authority and implemented before development on the site commences. Reason: To secure the protection of vulnerable species in accordance with Policy EP4 of the Adopted Chorley Borough Local Plan Review.

7. Notwithstanding the submitted illustrative layout the access details shown on the plan do not form part of this permission. Reason: For the avoidance of doubt and in accordance with Policy TR 4 of the Adopted Chorley Borough Local Plan Review.

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Jane E Meek BSc(Hons) DipTP MRTPI Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office. Crown Copyright. Corporate Director (Business) Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Chorley Council Chorley B.C. 100018509 (2007)

Application Number: Grid Ref: Scale: Agenda Item No. E: 356853 08/01253/OUTMAJ 1:1,250 3 N: 413282 Agenda Page 52

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Item 4 08/01249/REMMAJ Approve Reserved Matters

Case Officer Caron Taylor

Ward Lostock

Proposal Reserved Matters Application for re-organisation of garden centre, including erection of horticultural shade house, extension to existing building with demolition of existing dwelling and propogation house, including appearance, scale and landscaping (Outline Permission Ref: 05/01002/OUTMAJ),

Location Wyevale Garden Centre 338 Southport Road Ulnes Walton PR26 8LQ

Applicant Wyevale Garden Centre

The application has been brought to the Chairman’s Briefing, as it is a major application.

Consultation expiry: 13 th February 2009 Application expiry: 10 th March 2009

Proposal The application is a Reserved Matters application for re- organisation of the garden centre, including erection of horticultural shade house, extension to existing building with demolition of existing dwelling and propagation house, including appearance, scale and landscaping (Outline Permission Ref: 05/01002/OUTMAJ).

Summary The principle of the development including layout and access has already been approved by the outline application permitted by Committee in 2005. The appearance, scale and landscaping are the only matters for consideration by this application and are considered acceptable. The application is therefore recommended for approval.

Policies The development plan for the area comprises the Regional Spatial Strategy for the North West and the Chorley Borough Local Plan Review 2003. The Local Plan contains policies of most relevance to the current application. In particular policies DC1 and DC8A relating to Green Belt together with policy GN5 apply.

Planning History The recent planning history of the site is as follows:

Ref: 02/01065/COU Decision: APPROVED Decision Date: 2 January 2003 Description: Change of Use of house from office use to residential,

Ref: 94/00880/FUL Decision: APPROVED Decision Date: 1 February 1995 Description: Erection of detached building with retail to ground floor and storage space to first floor, on site of existing barn,

Agenda Page 54 Agenda Item 4d

Ref: 95/00275/FUL Decision: APPROVED Decision Date: 15 June 1995 Description: Erection of storage building and creation of staff parking area with associated mounding and planting,

Ref: 97/00179/COU Decision: APPROVED Decision Date: 21 May 1997 Description: Change of use of dwelling to form offices for use in connection with existing garden centre,

Ref: 99/00600/FUL Decision: APPROVED Decision Date: 29 September 1999 Description: Erection of enclosing walls/doors to existing canopied entrance area,

Ref: 05/01002/OUTMAJ Decision: APPROVED Decision Date: 21 December 2005 Description: Proposed re-organisation of garden centre, including alterations to access, erection of horticultural shade house, and extension to existing building, with demolition of existing dwelling and propagation house,

Ref: 05/01003/OUT Decision: APPROVED Decision Date: 21 December 2005 Description: Re-location/replacement of existing dwelling,

Ref: 05/01216/FUL Decision: APPROVED Decision Date: 9 February 2006 Description: Conservatory to the rear

Ref: 08/01248/REM Decision: APPROVED Decision Date: 9 February 2009 Description: Reserved Matters Application for relocation / replacement of existing dwelling including appearance, landscaping, layout and scale (Outline Permission Ref: 05/01003/OUT),

Ref: 05/01002/OUTMAJ Decision: APPROVED Decision Date: 21 December 2005 Description: Proposed re-organisation of garden centre, including alterations to access, erection of horticultural shade house, and extension to existing building, with demolition of existing dwelling and propagation house,

Ref: 05/01003/OUT Decision: APPROVED Decision Date: 21 December 2005 Description: Re-location/replacement of existing dwelling, Agenda Page 55 Agenda Item 4d

Ref: 08/01248/REM Decision: APPROVED Decision Date: 9 February 2009 Description: Reserved Matters Application for relocation / replacement of existing dwelling including appearance, landscaping, layout and scale (Outline Permission Ref: 05/01003/OUT),

Background This is a reserved matters application for reorganisation of the existing Wyevale Garden Centre, including the removal of the following:

• Store (60 sq m) • Propagation house (1058 sq m) • Horticultural plant shade (235 sq m) • Entrance canopy (65 sq m)

In total the removed floor space amounts to 1418 sq. metres of accommodation. The proposed development then incorporates its replacement with 1040 sq, metres as follows (which is a 378 sq. metres reduction on what exists):

• Garden centre shop extension – 600 sq. metres • Horticultural plant shade – 375 sq. metres • Entrance canopy – 65 sq. m

In addition the outdoor sales and display area is proposed to be re- sited, although it remains a similar size. The number of car parking spaces on the submitted plans remains the same as currently exists. However, the car park area is slightly larger in order to accommodate an increase in the proportion of spaces for the mobility impaired and mother and child to 10% of the total. The site access was approved under the outline permission and remains in its current position, but widened to provide a dedicated right turn exit land.

Committee approved the scheme in outline in December 2005 (ref: 05/01002/OUTMAJ) with siting and the means of access approved by that permission. The principle of the development has therefore already been approved and the appearance, scale and landscaping of the proposal are now the only matters for consideration by this application.

The overall scheme also includes the relocation of the existing dwelling on the site, which has been approved by applications 05/01003/OUT and 08/01248/REM

Consultations LCC Highways have no objection to the proposal subject to conditions, however the access has already been approved by the outline permission and appropriate conditions applied.

Representations None received at time of writing

Applicant’s Case Wyevale acquired the centre in April 2002. The purpose of the re- organisation is to safeguard the viability of the business and retain employment, not to increase the customer base and expand the site. The centre is small by modern standards and customers are becoming increasingly discerning and knowledgeable largely

Agenda Page 56 Agenda Item 4d through television gardening programmes. They are also becoming increasingly mobile and if an item is not available to them locally they will go further a field by car. It is not a major expansion that is south but a re-organisation with the main sales area forming the centre of the development with the car parking and outdoor sales areas immediately adjacent.

Assessment As stated above the principle of the development has already been approved and the appearance, scale and landscaping of the proposal are the only matters for considered by this application. Looking at each in turn:

Scale The three new buildings (indoor sales area, horticultural plant shade and entrance canopy) will measure 4m high. The buildings to be demolished measure 3.8m high and there is an existing storage building on the site that will remain that measures 5m and a machinery store that is 5.8m high. Therefore the scale of the proposal is considered acceptable and in keeping with the buildings that will remain on the site and the area in general.

Appearance The extensions are to be contemporary in appearance with pitched metal roofs and elements such as timber cladding and large areas of glazing, however more traditional elements will also be incorporated including areas of brickwork, timber windows and doors and stone heads and cills. These are considered acceptable in terms of the nature of the use and the surrounding area. A condition requiring material samples was applied to the outline permission.

Landscaping The applicant states that any existing planting of reasonable quality on the site will be retained and new native tree and shrub planting will be introduced around the site boundaries to provide a screen to the development and soften the development. Internally, to reflect the sites designation as a garden centre, further planting of native species is proposed in and around the main car parking areas.

The outline permission applied a condition requiring the southern boundary with Southport Road to be planted with a hedge/landscaping belt of species, stock size and planting distance to be agreed in writing with the Local Planning Authority. However, it is considered reasonable and necessary to apply a landscaping condition covering the whole site to detail the exact species and numbers that will be planted.

Recommendation Approve

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 five years from the date of the outline planning permission (reference 05/01002/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.

Agenda Page 57 Agenda Item 4d

2. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 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.

3. In addition to the landscaping scheme to the highway boundary, 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.

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Pond ´

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Jane E Meek BSc(Hons) DipTP MRTPI Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office. Crown Copyright. Corporate Director (Business) Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Chorley Council Chorley B.C. 100018509 (2007)

Application Number: Grid Ref: Scale: Agenda Item No. E: 350519 08/01249/REMMAJ 1:1,250 4 N: 418868 Agenda Page 60

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Item 5 09/00033/OUTMAJ Permit (Subject to Legal Agreement)

Case Officer Mrs Nicola Hopkins

Ward Chorley North West

Proposal Outline application for the demolition of existing building and erection of a 4 storey apartment building providing 28 one and two bed roomed apartments with associated car parking

Location Northolme Private Nursing Home 67 Preston Road Chorley LancashirePR7 1PL

Applicant W Marsden & Sons

1 letter of objection has been received. Consultation expiry: 18th February 2009 Application expiry: 20th April 2009

Proposal The application is an outline application which proposes the demolition of the existing building and the erection of a four storey apartment block consisting of 28 apartments. The submitted illustrative floor plans demonstrate that 20 one bed units and 8 two bed units can be accommodated within the proposed building. To the front of the premises there will be parking provision for the apartments. As this is an outline application the only issues for consideration are the principle of the development, access, scale and layout. Issues relating to design and landscaping will be dealt with at reserved matters stage. The site is currently occupied by a large detached building which was formerly Northolme Private Nursing Home. The building is in a very poor state of repair and is becoming an 'eyesore' within the street scene. Vehicular access to the site is off the main A6, Preston Road. The proposed scheme retains this access. .The immediate neighbours to the site are Highgrove House to the south of the site which is a care home, 63 Preston Road to the north of the site which is NHS office accommodation and Chorley Hospital is located to the rear of the site.

Summary The site falls to be considered brownfield land which is the preferred option for redevelopment. The principle of redeveloping the site for residential purposes was established with the members resolution to grant planning permission in April 2008 and the site would have been granted planning permission if the Section 106 Agreement had been signed within the specified time period.

Planning Policy National Planning Policy: PPS 1, PPS 3, PPS9, PPG 13 North West Regional Spatial Strategy: Policy DP1: Spatial Principles Policy DP4: Make the best use of Existing Resources and Infrastructure Policy DP7: Promote Environmental Quality Policy RDF1: Spatial Priorities Policy L4: Regional Housing Provision

Agenda Page 64 Agenda Item 4e Policy L5: Affordable Housing Policy RT9: Walking and Cycling Policy EM5: Integrated Water Management Policy EM15: A Framework for Sustainable Energy in the North West Policy EM16: Energy Conservation and Efficiency

Adopted Chorley Borough Local Plan Review: GN1 : Settlement Policy- Main Settlements GN5 : Building Design and Retaining Existing Landscape Features and Natural HabitatsGN9: Transport Accessibility EP4 : Species Protection EP9 : Trees and Woodland EP17 : Water Resources and Quality EP18 : Surface Water Run Off HS4 : Design and Layout of Residential Developments HS5 : Affordable Housing HS6 : Housing Windfall Sites HS21 : Playing Space Requirements TR1 : Major Development- Tests for Accessibility and Sustainability TR4 : Highway Development Control Criteria TR18 : Provision for pedestrians and cyclists in new developments Sustainable Resources Development Plan Document

Planning History 03/00958/COU - Change of use from Nursing Home to Offices (Class B1). Approved 2003

04/01295/OUTMAJ - Outline application for the demolition of existing nursing home and erection of new B1 office block and car parking. Refused January 2005

07/01271/FULMAJ - Demolition of existing building and erection of four storey apartment building, providing 28 no. one and two bedroom apartments with associated car parking and landscaping. Withdrawn

08/00232/FULMAJ - Demolition of existing building and erection of four storey building, providing 28 one and two bedroom apartments with associated car parking and landscaping. Refused June 2008

Applicant's Case The following points have been submitted in support of the application: • 3 of the apartments will be affordable housing units • The proposed apartment building will sit over the footprint of the demolished building • The open frontage of the plot will be maintained by utilising is as a car parking area • Access will be provided off Preston Road utilising the existing access. The layout of the car park ensures a vehicular turning area is provided within the site curtilage • The proposed 4 storey building will site prominently yet comfortable in the context of the street • The existing trees are to remain and the car parking area immediately adjacent to the frontage trees is to be built using a 'no dig' construction and finished with a permeable surface. Agenda Page 65 Agenda Item 4e

Representations 1 letter of objection has been received raising the following points: • Cause overlooking and loss of light • Further cars would exacerbate the problems on Preston Road • Can the existing building not be renovated? • Further loss of trees would detract from the area.

Consultations Corporate Director ( Neighbourhoods ) has no objection subject to a report identifying any potential sources of contamination.

United Utilities have no objection subject to various conditions/ informatives

Architectural Liaison Officer no observations to make

Planning Policy have no comments to make on the application

Lancashire County Council (Strategic Planning ) considers that the proposal accords with the NW RSS

Assessment Principle of the Development The site is located within the settlement area of Chorley. In accordance with Planning Policy Statement 3: Housing the site is considered to be previously developed land. Previously developed land is land which is or was last occupied by a permanent structure including the curtilage of the developed land and any associated fixed surface infrastructure. PPS3 encourages the redevelopment of previously developed land as opposed to developing Greenfield land. As such the principle of redeveloping the site for residential development accords with Government guidance.

The site is 0.218 hectares in size, the erection of 28 apartments on this site equates to a density of 128 dwellings per hectare. This is clearly a very high density however the nature of the development, high density apartment development, and the location of the site is considered to be appropriate development for this site taking into consideration the existing building on the site, the sustainable location and character of the area.

Members may recall that an application for the redevelopment of this site was submitted in March 2008 (08/00232/FULMAJ) and considered at DC Committee in April 2008. The members' resolution was to approve the application subject to the Section 106 Agreement or refuse if the S106 was not signed by 3rd June. The Section 106 Agreement was not signed within the time period and as such the application was refused. The reasons for refusal relate directly the clauses of the Section 106 Agreement, a contribution to play space and inclusion of affordable housing, which are material planning considerations. The establishment of planning approval in principle is a material planning consideration when assessing this proposal.

Character of the area The site is currently occupied by a large three storey Victorian building. The property was originally built as a single dwelling however it was last used as a nursing home. The property has been empty for a number of years and has fallen into a state of disrepair. To the north of the site is a large Victorian building which is used as office accommodation for the NHS. To the south of the site is Highgrove House which is a two storey nursing home and to the rear of the site is Chorley Hospital.

Agenda Page 66 Agenda Item 4e

Due to the existing very prominent building which is situated on the site it is considered that the replacement building should be a large dominant building which would adequately replace the existing building. The application is an outline application dealing with layout, scale and access. If outline planning permission is granted the design and landscaping will be dealt with at reserved matters. Scale is being applied for as part of this outline planning application and the site will be redeveloped with a four storey building which is considered appropriate as this will create a dominant building within the street scene. This notwithstanding an indicative plan detailing the elevations of the building has been submitted with the application. This indicates the design and style of the building which is envisaged on the plot and demonstrates that 28 apartments can be accommodated within the building. With the submitted Design and Access Statement it is stated that the building has taken scale and style references from the building to be demolished. The statement goes on to describe the design context and features which will form part of the building. Detailed elevations will be submitted at reserved matters stage. The design principles set out within the Design and Access Statement will be carried forward at reserved matters stage to ensure that the character and design of the building are appropriate in the context of the character of the site and the area as a whole.

Housing Provision The proposal incorporates the erection of a 4 storey apartment building incorporating 28 apartments. In accordance with Policy L5 of the Regional Spatial Strategy and Policy HS5 of the Adopted Local Plan 20% on site affordable housing will be required as part of the development. This obligation will form part of the Section 106 Agreement associated with the development.

When the previous application was assessed the applicants submitted a financial appraisal of the scheme. At the time of the previous application 30% affordable housing was required however the appraisal demonstrated that the provision of 8 (30%) affordable units as part of the scheme would render the development financially unviable.

20% of 28 units equates to 5.6 affordable housing units however due to the current economic climate it is not considered that the scheme is any more financially viable. In fact probably less so, than when the previous application was submitted.

The financial assessment submitted with the previous application demonstrated that, due to the abnormal costs associated with the development including demolition and remediation, the financial success of the scheme will be marginal. As such the maximum number of affordable units which could be achieved on this site was three of the apartments. Liberata were involved in the pre-application discussions and agreed with the figures forwarded by the applicants.

This scheme still proposes three of the units to be affordable even with the downturn in the housing market which will effect the financial viability of the scheme. Taking into account the current market it is proposed to incorporate a longer time period to submit reserved matters, the applicant will be given four years to submit reserved matters and a further two years to commence the development.

Three of the 28 units equates to 11% of the whole development Agenda Page 67 Agenda Item 4e however taking on board the financial costs associated with this development it is considered that 3 units as proposed will contribute to the supply of affordable units within the Borough whilst enabling the redevelopment of a derelict site within a prominent location within the Borough. Additionally the applicants have agreed to include an overage clause within the Section 106 Agreement associated with the development. This clause will ensure that 25% of any profit over the envisaged developer profit will be paid to the Council to be spent on affordable units elsewhere in the Borough.

Access The site fronts onto the A6 Preston Road which is the main route connecting Chorley Town Centre with the M61 motorway, Preston and the Parishes of Chorley. The A6 is a very busy road however visibility is good and the proposal will utilise an existing access point.

The site is located close to local amenities and Chorley Town Centre and there is a regular bus service along Preston Road. As such the site is considered to be a very sustainable location. The scheme incorporates 36 parking spaces including 4 disabled parking spaces and cycle storage.

36 spaces accords with the parking standards set out with the draft Regional Spatial Strategy Parking Standards.

Bin storage facilities are proposed adjacent to the entrance of the site which, in respect of the previous application, the Council's Environmental Services considered were adequate to serve the site. This application proposes similar bin storage facilities. The layout of the car park reflects the scheme proposed for the previous application which incorporated adequate turning space within the parking court for a refuge collection vehicle. It has previously been agreed that gates, which will be accommodated at the site entrance, will either be (a) closed, but operated by sensors to allow access to collection vehicles at all times, or (b) closed only during night-time periods and hence open when access was required by the collection vehicle. The details of the gates will be required via condition.

Ecology An Ecological Assessment was not submitted with the application however an Ecological Assessment of the site has been undertaken and was submitted with the previous application. The proposal includes the provision of bat and bird boxes within the trees, a landscaping condition will be attached to the recommendation which requires the planting of native species and the proposal incorporates a 'No Dig' construction and finished with a permeable surface adjacent to the frontage trees. All of these provisions satisfied the Ecologists concerns in respect of the previous application. Additionally a condition will be attached to the recommendation requiring a survey of the building prior to demolition to establish whether bats/ bats roosts are present within the building. In the event that bats are detected appropriate mitigation will be required. The applicants will also be advised that it is an offence to, kill, injure or take a bat, disturb a bat and damage/destroy a breeding site or resting place of a bat

A number of trees have been felled on the site however a Tree Preservation Order (TPO 7 (Chorley) 2007) has been placed on the trees which have a high visual amenity value along the frontage of the site. These trees will be retained as part of the scheme

Agenda Page 68 Agenda Item 4e

Impact on the neighbours The immediate neighbours to the site are the office accommodation to the north of the site and the nursing home, Highgrove House, to the south of the site. The building has been sited in a similar location as the existing building and is a similar height. As the scheme is outline in nature the design including the location of windows will be assessed at reserved matters stage. The indicative elevation plans which have been submitted incorporate kitchen windows and windows which serve the corridors in the side elevations. As the kitchen windows have the potential to create overlooking the agent for the application has been made aware that these are unlikely to be considered acceptable within the south elevation when the final design is produced.

Highgrove House, to the south of the site, is located at a lower land level than the application site. The proposed development will be located closer to the boundary with Highgrove House than the existing building however windows serving habitable rooms will not be permitted within the southern elevation. The gable will be set off the boundary and replacement fencing along with landscaping along the boundary will be required via condition. The difference in land levels ensures that the sufficient boundary treatment and landscaping will act as a screen to the windows, including the first floor windows, in the north elevation of the nursing home. This application is similar to the previous scheme in respect of siting and scale and it was considered that the building and the size proposed could adequately be accommodated on the site whilst protecting the neighbours amenities.

To the west of the site there is a car park associated with the hospital. It is considered that an apartment development can be provided on the site which will not adversely impact on the neighbours amenities and will enable the redevelopment of a derelict site which will improve the visual amenities of the area.

Section 106 Agreement The Section 106 Agreement associated with this development requires a contribution of £20,208 for the provision and maintenance of equipped play space in the Borough. The Agreement will secure three on site affordable units which will be split between 1 one bed ground floor unit on a shared ownership/ intermediate basis and 2 two bed ground floor units on a rented basis. Additionally the Agreement will include an overage clause which will mean a percentage of any profit generated from the development over and above the estimated profit will be given to the Council to spend on affordable housing elsewhere in the Borough. A clause will also be incorporated into the Agreement requiring the demolition of the building within 3 months of the decision date to ensure the building is removed within a reasonable time period which will benefit the visual amenities of the area.

Response to the Neighbours Concerns One letter of objection has been received. As set out previously it is not considered that the proposal will adversely impact on the neighbours amenities. Over 55 metres will be maintained between the front of the proposed building and the properties on the opposite side of Preston Road which well exceeds the Councils 21 metre required window to window distance and ensures there will be no loss of amenity to the existing or future residents. Agenda Page 69 Agenda Item 4e

This scheme is very similar to the previous proposal which was approved in principle. No concerns were raised about the increase in traffic and the scheme has been amended to incorporate appropriate sight lines when exiting the site and turning space within the site.

The existing trees along the road frontage which have the highest amenity value will be retained as part of the development and are protected. The building is in a very poor state of repair and renovation would incur high costs, additionally the demolition of the building does not require planning permission.

Sustainable Resources Following the adoption of the first policy document, Sustainable Resources DPD, within Chorley's new Local Development Framework (LDF), the new style Local Plan, September 2008 a sustainability statement should have been submitted as part of the planning application. Additionally Lancashire County Council have commented that due to the number of units proposed a minimum of 10% renewable energy will be required as part of the scheme.

However it was considered that, in respect of the previous application, this requirement would further impact on the financial viability of the scheme and would ensure that no affordable units could be achieved. The previous application was dealt with on an 'open book' basis which clearly demonstrated that financial viability of the scheme and the figures were agreed by Liberata. Taking into account the decline of the housing market it is considered that the financial viability of the scheme will have decreased further compared to when the previous application was submitted. In this situation it is considered that the contribution to the Boroughs supply of affordable units and the redevelopment of a derelict site in a prominent location outweighs the need for renewable energy contribution as part of this scheme.

Conclusion The proposal involves the redevelopment of brownfield land which is considered to be acceptable in terms of National Planning Policy. The site is currently within a poor state of repair and the proposal will enable the redevelopment of a prominent site. Although this is an outline application it is considered that the site can be developed without adversely impacting on neighbours, highway safety or ecology associated with the site and as such the scheme is considered to be acceptable.

Recommendation: Permit (Subject to Legal Agreement) Conditions

1. Any application for approval of reserved matters (namely external appearance of the building and landscaping of the site) must be made to the Council not later than four years from the date of this decision. The development shall be begun within two years of the date of approval of the last of the reserved matters or within six years of the date of this decision which ever is the later 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.

Agenda Page 70 Agenda Item 4e 2. The application for approval of reserved matters shall be accompanied by full details of existing and proposed ground levels and proposed building slab levels (all relative to ground levels adjoining the site), notwithstanding any such detail shown on previously submitted plans. The development shall only be carried out in conformity with the approved details. Reason: To protect the appearance of the locality, in the interests of the amenities of local residents and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

3. No development shall take place until a desktop study in order to identify any potential sources of land contamination associated with the development has been carried out and approved in writing by the Local Planning Authority. If the potential for contamination is confirmed further surveys by the developer to assess the risks and identify and appraise the options for remediation shall be carried out prior to the commencement of the development. The surveys shall then be submitted to and approved in writing by the Local Planning Authority identifying the proposed remediation works. The works thereafter shall be carried out in accordance with the approved remediation strategy. Reason: To protect the environment and to prevent harm to human health by ensuring that the land is remediated to an appropriate standard in accordance with Government advice contained in PPS23: Planning and Pollution Control

4. 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.

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.

6. The development hereby permitted shall not commence until samples of all external facing materials to the proposed buildings (notwithstanding any details 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 using the approved external facing materials. Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

Agenda Page 71 Agenda Item 4e

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. No works shall take place on the site until the applicant, or their agent or successors in title, has secured the making of a photographic record of the building. This must be carried out by a professionally qualified archaeological/building recording consultant or organisation in accordance with a written scheme of investigation which shall first have been submitted to and agreed in writing by the Local Planning Authority. Upon completion the photographic record shall be submitted to the Local Planning Authority. Reason : To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the building/site and in accordance with Government advice contained in PPG15: Planning and the Historic Environment

9. Prior to the demolition of the building a bat survey of the site and the building shall be undertaken to ascertain the presence of bats. The survey shall be submitted to and approved in writing by the Local Planning Authority and include any proposed mitigation in the event that bats/ bat roosts are identified. The development thereafter shall be carried out in accordance with the approved methods of mitigation. Reason: To ensure the continued protection and enhancement of bats on the site and in accordance with Policy EP4 of the Adopted Chorley Borough Local Plan Review.

10. Prior to the commencement of the development full details of the proposed bat boxes to be erected shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the proposed location of the boxes, the number proposed and the specification of the boxes. The development thereafter shall be carried out in accordance with the approved details. Reason: To ensure the continued protection and enhancement of bats on the site and in accordance with Policy EP4 of the Adopted Chorley Borough Local Plan Review.

11. Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences and walls to be erected to the site boundaries (notwithstanding any such detail shown on previously submitted plans) shall have been submitted to and approved in writing by the Local Planning Authority. No building shall be occupied or land used pursuant to this permission before all walls and fences have been erected in accordance with the approved details. Fences and walls shall thereafter be retained in accordance with the approved details at all times. Reason: To ensure a visually satisfactory form of development, to protect the amenities of occupiers of nearby property and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

Agenda Page 72 Agenda Item 4e

12. Before the development hereby permitted is first commenced, full details of the gates to be erected to the vehicular entrance to the site (notwithstanding any such detail shown on previously submitted plans) shall have been submitted to and approved in writing by the Local Planning Authority. The details shall include information about the operation of the entrance gates. No building shall be occupied or land used pursuant to this permission before the entrance gates have been erected in accordance with the approved details. The entrance gates shall thereafter be retained in accordance with the approved details at all times. Reason: To ensure a visually satisfactory form of development, to ensure adequate access is provided for refuge vehicles and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

13. Prior to the commencement of the development full details of the Management Company and arrangements for the future management and maintenance of the site, including storage and collection of refuse and management of the parking spaces, shall be submitted to and approved in writing by the Local Planning Authority. The site shall thereafter be managed by the approved Management Company in accordance with the approved arrangements. Reason: To ensure the satisfactory management of the car parking arrangements and refuse storage/ collection at the site and in accordance with Policy TR4 of the Adopted Chorley Borough Local Plan Review.

14. Prior to the commencement of the development full details of the cycle parking provision shall be submitted to and approved in writing by the Local Planning Authority. The cycle parking provision shall thereafter be provided in accordance with the approved details. Reason : To ensure adequate on site provision for cycle parking and in accordance with Policies No. TR18 and HS4 of the Adopted Chorley Borough Local Plan Review.

15. Prior to the commencement of the development full details of the bin storage facilities shall be submitted to and approved in writing by the Local Planning Authority. The bin storage thereafter shall be constructed and retained in accordance with the approved plans. Reason: To ensure that adequate refuse storage is provided on site and in accordance with Policy HS4 of the Adopted Chorley Borough Local Plan Review.

16. 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.

17. 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.

Agenda Page 73 Agenda Item 4e

18. The car park hereby approved shall be constructed in accordance with the ‘macadam no dig construction’ method detailed on plan reference 09/147/P04, received 19 th January 2009, within the tree root zone of the trees to be retained on site. The construction of the car park shall be in accordance with the approved method of construction unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure the continued protection of existing trees on the site and in accordance with Policy EP9 of the Adopted Chorley Borough Local Plan Review.

Agenda Page 74

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TCB TH ROAD NOR HIGHFIELD Jane E Meek BSc(Hons) DipTP MRTPI Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office. Crown Copyright. Corporate Director (Business) Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Chorley Council Chorley B.C. 100018509 (2007)

Application Number: Grid Ref: Scale: Agenda Item No. E: 358273 09/00033/OUTMAJ 1:1,250 5 N: 418869 Agenda Page 76

This page is intentionally left blank Agenda Page 77 Agenda Item 4e Agenda Page 78

This page is intentionally left blank Agenda Page 79 Agenda Item 4f Item 6 09/00044/OUTMAJ Permit (Subject to Legal Agreement)

Case Officer Mrs Nicola Hopkins

Ward Chorley East

Proposal Outline application for the demolition and clearance of existing warehouse and outbuildings and erection of proposed 2 storey primary health care centre (Use Class D1) including ancillary office accommodation

Location Friday Street Depot Friday Street Chorley PR6 0AA

Applicant Mrs Doreen Hounslea

3 letters have been received from neighbouring residents Consultation expiry: 24th February 2009 Application expiry: 24th April 2009

Proposal The application proposes the demolition and clearance of the existing warehouse and the erection of healthcare facilities. The site is 0.6 hectares is size and currently comprises of a warehouse building which is approximately 1860 square metres in size. The application is outline in nature dealing with the principle of redeveloping the site, scale and access. The development will be accessed off Friday Street and will incorporate a two storey health care facility which will be approximately 3,700 square metres internally. Issues relating to layout, design and landscaping will be dealt with at reserved matters stage

It is envisaged that the development will consist of various health care facilities all grouped together within a single site offering a "one stop" health centre.

Summary Planning permission for a health centre has previously been established in principle at the site however the decision was never issued as the Section 106 Agreement was not signed. This, however, is a material planning consideration. The site is a brownfield site and the redevelopment for a medical centre is considered to be an appropriate reuse of the land in a sustainable location.

Planning Policy National Planning Policy: PPS1, PPG13

North West Regional Spatial Strategy: Policy DP1: Spatial Principles Policy DP2: Promote Sustainable Communities Policy DP4: Make the best use of Existing Resources and Infrastructure Policy DP7: Promote Environmental Quality Policy RDF1: Spatial Priorities Policy L1: Health, Sport, Recreation, Cultural and Education Service Provision Policy RT9: Walking and Cycling Policy EM2: Remediating Contaminated Land

Adopted Chorley Borough Local Plan Review 2003: GN1- Settlement Policy- Main Settlements GN5- Building Design and Retaining Existing Landscape Features

Agenda Page 80 Agenda Item 4f and Natural Habitats EM9- Redevelopment of Existing Employment Sites for Non- Employment Uses EP12- Environmental Improvements EP13- Underused, Derelict and Unsightly Land SP6- District, Neighbourhood and Local Shopping Centres TR2- Road Hierarchy TR4- Highway Development Control Criteria TR7- Rear ServicingTR11- Bus Services TR16- Cycle Facilities TR20- Provision for the Mobility Impaired in Public Buildings TR21- Provision for the Mobility Impaired in New Developments

Planning History 83/00380 - Construction of highway. Land between Stump Lane and Friday Street. Approved August 1983

84/00775 - Use of land and buildings as garages/ stores/ offices. Approved December 1984

06/00133/FULMAJ - Demolition and clearance of existing warehouse and outbuildings and erection of proposed healthcare facilities development. Withdrawn August 2008.

Applicant's Case The following points have been submitted in support of the application: • The site is the preferred option for the development of a healthcare facility owing to its size, convenient location, proximity to public transport routes and in acceptability in land use planning terms. • The new development will help deliver improved healthcare facilities to address issues such as the current poor quality of PCT accommodation, the lack of physical capacity to provide current services and the lack of capacity to extend the range of service provision and provide care closer to home. • This will address the growing problem of patient access in Chorley and South Ribble due to closed lists and increasing housing developments. • Approximately 3,700 square metres of gross internal space will be provided on site with all the 'clinical accommodation' at ground floor level. The administration areas, offices and support rooms will be sited at the upper floor level. The building will be two storey.

Representations 3 letters of objection have been received raising the following points: • Concerns about overlooking • Impact on natural habitat • Create parking problems in the area • Loss of light Entrance to rear of residential properties will create noise

Consultations United Utilities have no objections subject to various conditions/ informatives

Corporate Director (Neighbourhood s) has requested a condition relating to contamination.

Agenda Page 81 Agenda Item 4f Lancashire County Council (Highways) initially requested further information and had concerns about the level of parking proposed. However the details requested will be dealt with at reserved matters stage and the Highway Engineer has confirmed that the proposed access arrangements are acceptable at outline stage. Further consultations will be required at reserved matters stage.

Environment Agency has no objections subject to various conditions/ informatives.

Architectural Liaison Officer has commented that Secure by Design Principles should be incorporated.

Lancashire County Council (Archaeology) recommends that be condition should be attached requiring a programme of building recording and analysis

Lancashire County Council (Strategic Planning ) consider that the development conforms with the NW Regional Spatial Strategy

Assessment Principle of the Development Members may recall that a planning application for a health care facility at the site was submitted in February 2006 (06/00133/FUL). This application was considered at Development Control Committee on 27th March 2006 and the resolution was to approve subject to the Section 106 Agreement. The Section 106 Agreement was never signed, however, and the Council withdrew the application at the end of last year.Taking into account the Committee members resolution the principle of redeveloping the site for health care facilities has been established. This current application is an outline application dealing with the principle of redeveloping the site, access and scale. In the event that outline planning permission is granted a further reserved matters application/ applications will be required in respect of the design, layout and landscaping.

The site falls to be considered as brownfield land which is the preferred option for redevelopment. The site was agricultural land until the late 19th Century when, with the expansion of the textile industry, the Lancashire and Yorkshire Railway company constructed a railway goods warehouse with rail connections to the north of Chorley Station. The original building was completed circa 1895 and comprises of a rectangular goods warehouse. A coal storage yard and a small weighbridge were established on the south western part of the site in the early 19th century. The Chorley- Blackburn line closed in the 1960s and the old rail connections to the site were removed but the coal storage use was dormant up to the 1980s until the land to the west of the original warehouse was purchased for the construction of a new highway, Friday Street. The site is currently leased by Nissan for the storage and repair/ preparation of vehicles and is still owned by Chorley Council.

It is considered that the principle of redeveloping the site for healthcare facilities has been established by the members resolution in 2006, the fact that the site falls to be considered brownfield land and the sustainable location of the site, in close proximity to Chorley Town Centre.

Agenda Page 82 Agenda Item 4f Impact on the neighbour s The site is bordered by two highways, Friday Street and Stump Lane, to the west and north boundaries. To the east and south boundaries there are residential terraced properties located along Stratford Road and Primrose Street. When the site was originally developed the site was first levelled and is bound by brickwork retaining walls along the boundaries with the residential properties.

The retaining wall is approximately 4.8 metres high and incorporates a boundary wall for the residential properties. This wall will be retained and repaired where necessary as part of the proposal. The residential properties on Stratford Road and Primrose Street are predominantly Nineteenth Century terraced properties. The properties along Stratford Road are located at a higher land level than the application site. To the rear of the majority of the properties on Stratford Road there are two storey outriggers which mainly accommodate a bathroom and kitchen.The properties along Primrose Street are also terraced properties however two storey outriggers are not prominent along this block and the levels are similar to that of the application site.

In order to ensure that the proposed building does not adversely impact on the amenities of the neighbours the building will be sited to maintain the required separation distances, however siting will form part of any future reserved matters application. The previous application at the site was a full planning application which included the design, siting and window locations. A building of the size proposed originally maintained the required separation distances and could be accommodated on the site whilst protecting the amenities of the residents. As such it is considered that the site can adequately accommodate the proposed health care facility which is a similar size to the previous proposal.

The facility will be open 8am until 10pm Monday to Friday and 8am until 4pm on Saturdays. These openings hours take account of specific clinic hours and it is unlikely that the premises will be open all the time during these time periods. This notwithstanding, however, it is not considered that the nature of the use will create undue noise and disturbance to the detriment of the neighbours amenities.

Highways and Access Although the application is outline access is fixed at this stage. It is proposed that the main vehicular entrance to the site will be via Friday Street utilising the existing entrance to the site. This will be utilised by emergency vehicles, patients, staff and small delivery vehicles. In addition to this access there will be a service road accessed via Friday Street behind the building. This junction will be for access only and will be utilised by delivery, collection vehicles and staff. This will incorporate a new access off Friday Street at the southern end of the site. Access via this service road will be controlled by a security gate. This service road will also incorporate staff parking. This arrangement is very similar to the previous application and the Highways Engineer at Lancashire County Council has confirmed that this is sufficient for outline purposes. Full details of the layout and traffic movements can be discussed and agreed as part of the reserved matters application.

Agenda Page 83 Agenda Item 4f Although layout will be dealt with at reserved matters stage the applicants have indicated that 53 car parking spaces will be provided in the main car park including disabled spaces. Motor cycle and cycle parking will also be provided in the main car park. 33 car parking spaces will be provided to the rear of the building for staff.

The Highways Engineer was concerned that the amount of parking proposed would not be sufficient for the size of scheme proposed however the previous application incorporated 56 visitor parking spaces along with cycle and motorcycle parking and 26 staff parking spaces which is similar to the current proposal. The previous figure was below the parking standards set out within the Joint Lancashire Structure Plan. However the scheme was considered to be acceptable as the figure was a maximum not a minimum and it was considered that the proposed level of parking was acceptable considering its location close to the area intended to be served and proximity to town centre car parks.

Since the previous application the Joint Lancashire Structure Plan has been superseded and replaced by the Regional Spatial Strategy (RSS). In accordance with the draft RSS Parking Standards 1 car parking space per 2 staff and 4 spaces per consulting room will be required. 3 disabled bays will be required and 2 cycle parking spaces per consulting room. As this application is outline the numbers of staff and the facilities which will be provided has not been confirmed. Therefore it is not possible to calculate the required parking standards. This notwithstanding however the application site is considered to be a sustainable location in walking distance to the bus station and train station offering alternative travel choices. The requirement of a travel plan to reduce reliance on the car will be attached as a condition and the scheme will contribute to the improvement of public transport in the area. As such the level of parking proposed is considered to be acceptable in this location.

The application site is not located on a bus route however the bus station is within walking distance and a contribution to public transport improvements in the area, secured through a Section 106 Agreement, has been offered. Another suggestion by the applicant is to divert the C8/C9 service along East Way and Friday Street and provide a bus stop close to the application site. Lancashire County Council have confirmed that they have considered that option of routing bus services to serve the new centre. The proposal to route the Eaves Lane services (10/ 11- formerly C8/9) would be quite a lengthy extension as the buses need to reach Brook Street. They have also considered trying to route 123/124 service, which comes from Botany Brow, but Stump Lane is too narrow at the east end (parked cars, etc) to permit use by buses. As such it is not possible to divert existing buses to directly serve the site however a contribution to Kickstart to improve public transport will be secured through a Section 106 Agreement.

Access to the staff parking and delivery access road will be restricted by security gates, details of these gates will be required by condition.

Agenda Page 84 Agenda Item 4f Design Although this application is outline and the design of the proposal will be dealt with at reserved matters details of the proposed design concept and materials have been incorporated within the applicants submission documents.

The previous application was a full application and incorporated the design of the proposed building. This design was established through extensive discussions with the Councils Urban Designed at the time. These concepts will be incorporated into the design at reserved matters stage.

The design will take into account the contextual relationship between the proposed modern building and the neighbouring 19th Century terraced properties. Traditional building materials will be used externally including brickwork and artificial slate. The main façade of the building will face onto Friday Street.

Contamination Due to the previous and existing use of the site there is a high potential for contamination at the site. The Council's Environmental Services Section have requested that the standard contamination condition is attached to the recommendation.

Ground investigations have been ongoing at the site and the company employed to do the investigations on behalf of the PCT have confirmed that an interim report will be available on 20th February 2009. The interim report will include a Phase 1 preliminary risk assessment, details of the Phase 2 site investigation and risk assessment and outline remedial proposals as appropriate. The report will be interim pending completion of a full gas monitoring survey to be undertaken over a period of 3 months. The Council's Environmental Services Section are happy to proceed in this way and any outstanding information can be dealt with via condition to be completed prior to the redevelopment of the site.

Flooding Concerns have been raised about flooding in the area which is stated to have occurred in the last 30 years. The Environment Agency have confirmed that they have no records of any flooding and the site is in Flood Zone 1 on their Flood Map. They suspect that the problem was probably as a result of the surface water sewer being overwhelmed. In terms of the application they cannot see that the proposed use is likely to increase the amount of surface water coming off the site because its mainly hard surface. The Environment Agency have not requested attenuation for that reason but have recommended SUDS, which, if there is an infrastructure problem, should help.

Response to the Neighbours Concerns The level of parking proposed is very similar to the previous scheme which was approved in principle. The scheme also includes a contribution to public transport improvements in the area which will improve accessibility to and from the centre by public transport. The sustainable location of the site ensures that it is accessible by various modes of transport and as such the level of parking is considered to be acceptable.

Agenda Page 85 Agenda Item 4f This application is outline in nature and the design and appearance of the building will be dealt with at reserved matters stage in the event that outline planning permission is granted. This notwithstanding however the scale of the building is fixed at this stage and the building will be a maximum of two stories high. When the previous scheme was considered part of the building was three stories high. This building could be adequately accommodated on the site whilst ensuring the neighbours amenities were protected. As such it is considered that a two storey building can be adequately accommodated whilst protecting the neighbours amenities.

There are no trees/vegetation on site worthy of retention or protection. It is not considered that the proposal will adversely impact on ecology in the area and landscaping of the site will be required which will improve the ecological value and visual appearance of the site.

The vehicular entrance to the rear of the residential properties will be an entrance way only and will only be utilised by staff and deliveries. The location of any plant/ machinery will be agreed at reserved matters stage however it is not considered that the volume of traffic generated by this entrance will be significant enough to impact on the neighbours amenities.

Contents of the Section 106 Agreement Lancashire County Council have requested a contribution towards Chorley Kickstart which will help to improve accessibility to and from the Health Centre by public transport. A contribution to Kickstart formed part of the Section 106 Agreement associated with the previous application and required a contribution of £10,000. This application seeks to secure a contribution of £20,000 towards Kickstart taking into account that three years have passed since the previous application was considered.

Conclusion The principle grant of planning permission by members in 2006 is a material planning consideration in respect of this planning application. The proposal will involve the redevelopment of a brownfield site in a sustainable location and as such is considered to be acceptable.

Recommendation As the application is on Council owned land the application will be deferred to Full Council for the Decision with a recommendation to Permit Outline Planning Permission (subject to the legal agreement)/ Refuse if the legal agreement is not signed by 24th April 2009

Conditions

1. An application for approval of the reserved matters (namely layout, external appearance of the buildings and landscaping of the site) must be made to the Council before the expiration of three years from the date of this permission and the development hereby permitted must be begun two years from the date of approval of the last of the reserved matters to be approved. 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.

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2. The application for approval of reserved matters shall be accompanied by full details of existing and proposed ground levels and proposed building slab levels (all relative to ground levels adjoining the site), notwithstanding any such detail shown on previously submitted plans. The development shall only be carried out in conformity with the approved details. Reason: To protect the appearance of the locality, in the interests of the amenities of local residents and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

3. No development shall take place until: a) A methodology for investigation and assessment of ground contamination has been submitted to and agreed in writing with the Local Planning Authority. The investigation and assessment shall be carried in accordance with current best practice including British Standard 10175:2001 ‘Investigation of potentially contaminated site - Code of Practice’. The objectives of the investigation shall be, but not limited to, identifying the type(s), nature and extent of contamination present to the site, risks to receptors and potential for migration within and beyond the site boundary; b) All testing specified in the approved scheme (submitted under a) and the results of the investigation and risk assessment, together with remediation proposals to render the site capable of development have been submitted to the Local Planning Authority; c) The Local Planning Authority has given written approval to the remediation proposals (submitted under b), which shall include an implementation timetable and monitoring proposals. Upon completion of the remediation works a validation report containing any validation sampling results shall be submitted to the Local Authority.

Thereafter, the development shall only be carried out in full accordance with the approved remediation proposals. 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, in accordance with PPS23.

4. No part of the development hereby permitted shall be occupied or used until the two vehicular accesses have been constructed in accordance with plans, which have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be carried out in accordance with the approved plans unless otherwise agreed 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.

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.

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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 samples of all external facing materials to the proposed building (notwithstanding any details 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 using the approved external facing materials unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

8. The development hereby permitted shall not commence until full details of the colour, form and texture of all hard ground- surfacing materials (notwithstanding any such detail shown on previously submitted plans and specification) have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in conformity with the approved details. Reason: To ensure a satisfactory form of development in the interest of the visual amenity of the area and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

9. 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 RT2 of the North West Regional Spatial Strategy 2008.

10. Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences and walls to be erected to the site boundaries (notwithstanding any such detail shown on previously submitted plan(s)) shall have been submitted to and approved in writing by the Local Planning Authority. No building shall be occupied or land used pursuant to this permission before all walls and fences have been erected in accordance with the approved details. Fences and walls shall thereafter be retained in accordance with the approved details at all times. Reason: To ensure a visually satisfactory form of development, to protect the amenities of occupiers of nearby property and in accordance with Policy Nos. GN5 and EM2 of the Adopted Chorley Borough Local Plan Review.

Agenda Page 88 Agenda Item 4f

11. Before the development hereby permitted is first commenced, full details of the position, height and appearance of all vehicular barriers to be erected to the vehicular access and egress points (notwithstanding any such detail shown on previously submitted plans) shall have been submitted to and approved in writing by the Local Planning Authority. No building shall be occupied or land used pursuant to this permission before all barriers have been erected in accordance with the approved details. The barriers shall thereafter be retained in accordance with the approved details at all times. Reason: To ensure a visually satisfactory form of development and in accordance with Policy Nos. GN5 and EM2 of the Adopted Chorley Borough Local Plan Review.

12. Before the development hereby permitted is first commenced, full details of the work required to the existing retaining wall (notwithstanding any such detail shown on previously submitted plans) shall have been submitted to and approved in writing by the Local Planning Authority. The details shall include details of required repair and rebuild in respect of this wall and the methodology for undertaking this work. No building shall be occupied or land used pursuant to this permission until the works have been completed in accordance with the approved details. The retaining wall shall thereafter be retained in accordance with the approved details at all times. Reason: To ensure a visually satisfactory form of development, the protect the neighbours amenities and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

13. 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.

14. No works shall take place on the site until the applicant, or their agents or successors in title, has secured the implementation of a programme of building recording and analysis. This must be carried out in accordance with a written scheme of investigation, which shall first have been submitted to and agreed in writing by the Local Planning Authority. Reason: To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the buildings/site. In accordance with Government advice contained in PPG15: Planning and the Historic Environment

15. If should, during the course of the development, any contaminated material other than that referred to in the investigation and risk assessment report and identified for treatment in the remediation proposals be discovered, then the development should cease until such time as further remediation proposals have been submitted to and approved in writing by the Local Planning Authority. Reason: To protect the environment and prevent harm to human health by ensuring that the land is remediated to an appropriate standard for the proposed end use, in accordance with PPS23.

16. 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 89 Agenda Item 4f

17. The use hereby permitted shall be restricted to the hours between 8am and 10pm on weekdays, between 8am and 4pm on Saturdays and there shall be no operation on Sundays or Bank Holidays. Reason: To safeguard the amenities of local residents and in accordance with Policy Nos. EM2 and EP20 of the Adopted Chorley Borough Local Plan Review.

18. Prior to the first use of the development hereby permitted, a Green Travel Plan shall be submitted to and approved in writing by, the Local Planning Authority. The measures in the agreed Travel Plan shall then thereafter be complied with unless otherwise agreed in writing by the Local Planning Authority. 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.

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Jane E Meek BSc(Hons) DipTP MRTPI Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office. Crown Copyright. Corporate Director (Business) Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Chorley Council Chorley B.C. 100018509 (2007)

Application Number: Grid Ref: Scale: Agenda Item No. E: 358768 09/00044/OUTMAJ 1:1,250 6 N: 417875 Agenda Page 92

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Item 7 09/00023/FU Refuse Full Planning Permission

Case Officer Caron Taylor

Proposal New dwelling for agricultural workers including detached garage

Location Land West Of Knowleswood Wrennalls Lane Heskin Lancashire

Applicant Mr And Mrs Michael Martland

Consultation expiry: 13 th February 2009 Application expiry: 10 th March 2009

Proposal The application is for a new agricultural workers dwelling including detached garage.

Summary The applicants are currently living in an extended static caravan on the site, the lawfulness of which has not been established. PPS7 lays out the criteria that applications for agricultural workers dwellings should meet. The County Land Agent, who advises the Council on such matters has advised that all these criteria have not been met. While it is considered there are other issues in this case that must be considered as part of the application and the application is somewhat finely balanced because of this, overall it is not considered that the application could be supported, mainly due to failure of the financial test.

Policies Regional Spatial Strategy: RDF4 PPG2: Green Belts PPS7: Sustainable Development in Rural Areas Local Plan Policy DC1

Planning History The recent planning history of the site is as follows:

Background The application is for an agricultural workers dwelling. The applicant, Mr Martland his wife and three children, aged 3, 5 and 7, currently reside at the farm in a static caravan, which has been extended. It is advised that the Mr Martland and his wife have lived in the static caravan for ten years and it was extended five years ago. There is no planning permission for this static caravan.

Consultations Lancashire County Highways No objection

United Utilities No objection

Environment Agency No objection subject to a condition relating the approval of a scheme for the disposal of foul sewage.

Coal Authority Standing Advice

Agenda Page 96 Agenda Item 4g

Lancashire County Council – Land Agent Annex A to PPS7 sets out the criteria against which applications for permanent agricultural workers dwellings should be assessed. The County Councils Land Agent has provided advice on this matter (his response is in italics), with the assessment below:

(i) there is a clearly established existing functional need (as set out in paragraph 4 of PPS7); It is appreciated that the time of lambing of the sheep flock to be the period when most supervision is needed. However, lambing is seasonal and takes place for a limited period of time throughout the year. Therefore it is not considered the ‘at most times’ aspect of this criterion is satisfied.

(ii) the need relates to a full-time worker, or one who is primarily employed in agriculture and does not relate to a part-time requirement; whilst it is appreciated that the applicant spends a significant amount of time at the site, there are reservations with regards to whether the applicant satisfies this criteria. This is due to the fact that the level of profit is significantly less than that of a full time minimum agricultural workers wage. In addition, it is anticipated that the level of income from the agricultural enterprise could be lower than that derived from the contracting business and hence the applicant would not be ‘primarily employed’ in agriculture. The principle contracting work carried out by the applicant, whilst carried out on farms, is not agricultural but mainly fencing type work. If the planning consent was granted, it is therefore doubtful whether the applicant could satisfy the agricultural occupancy condition imposed.

(iii) the unit and the agricultural activity concerned have been established for at least three years, have been profitable for at least one of them, are currently financially sound, and have a clear prospect of remaining so; The level of profit made by the business over the last three years has been very modest and significantly lower than that of a minimum agricultural worker’s wage. It is not considered that the level of profit is capable of supporting a living and erecting a dwelling. Details have not been provided as to how to how the dwelling would be funded although the applicants state they would carry out as much work as possible. In addition the applicant owns none of the land on which the enterprise relies with the majority being rented on short-term agreements.

(iv) the functional need could not be fulfilled by another existing dwelling on the unit, or any other existing accommodation in the area which is suitable and available for occupation by the workers concerned; and It should be noted that a dwelling is associated with the unit. The applicant’s parents own the property, but so is

Agenda Page 97 Agenda Item 4g

the land associated with the agricultural activity. Whilst this property is occupied by the applicant’s family, it has traditionally served the land associated with it and cannot be disregarded.

In addition, the site is only approximately 1km form the village of Eccleston, within which there is a range of property available (including those with shared ownership), which would allow the applicant to attend the site within a short time.

(v) other planning requirements, e.g. in relation to access, or impact on the countryside are satisfied.

Paragraph 9 of Annex A states: ‘Agricultural dwelling should be of a size commensurate with the established functional requirement. Dwellings that are unusually large in relation to the agricultural need of the unit, or unusually expensive to construct in relation to the income it can sustain, should not be permitted’.

As mentioned above, it is not considered the functional and financial tests to be satisfied. Notwithstanding this, it is estimated the proposed internal floor area to be approximately 170m². It is considered a floor area of about 120m² would be acceptable.

In summery, while the applicant’s current living conditions are appreciated it is not considered there is a functional need for a worker to live on the unit. In addition, it is considered the financial test has not been satisfied and there are also other properties suitable and available.

Representations Two letters of support have been received. They state that the applicant and his family need more space. They are hard working people and are an asset to the small community.

A letter from the applicant’s father has been received stating the applicant, Mr Martland, took over the farm when he retired on health grounds in 1996 as he had to give up working. He states he has lived at the farm for over 43 years and ran it with his own parents until they passed away. The family goes back for more than four generations in farming so it is hoped that the application is approved.

A letter has been received from the property opposite the site of the proposed dwelling, Langs Farm. They state that they support the principle of a dwelling but question its proposed location. The land is a meadow of outstanding beauty adjacent woods and they believe the location would have a detrimental effect on the character of the area. It would be better located within the existing farm boundaries creating a safe environment for the workers family and providing easy access to tend livestock and much easier vehicular access using the current entrance. The proposed siting is in an elevated position in relation to Langs Farm and the dwelling would block natural daylight when the sun is lower in the winter months and would intrude greatly on their

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privacy and access to their driveway. At present there are no farm vehicles that come past Langs Farm and they would not look forward to the noise of these vehicles and a further two cars owned by the applicant and his wife and their various visitors being driven past this secluded quite part of Wrennalls Lane. They are also concerned that appropriate effluent waste facilities are provided as the current dwelling has no such facilities, which causes them problems.

Applicant’s Case The applicant has stated their case in relation to the Government guidance in Annex A of PPS7:

The farm has approximately 450 ewes from December to April and the sheep are lambed during busy periods. Someone is up nearly every hour checking the sheep through the night and during this period it is necessary to be as close as possible to them, if not there is a strong possibility that lambs could be lost, especially in cold weather. Over half the lambing sheep giving birth need help and a lot require bottle-feeding. As many as twenty sheep are helped during one night in busy times and a constant check needs to be made for the first signs of illness. If left untreated Watery Mouth can kill in less than an hour. All the lambs are checked every half hour to maintain low mortality rates.

The applicant (Mr Martland) has lived on the farm all his life, 37 years and his dream was always to follow in the family footsteps as a farmer. It is intended to expand the business and run the farm to its maximum capacity, but to do this security in the farm is needed, a proper, more permanent home for the family before more money is committed into improving facilities. The farm does not employ any staff due to cost, the applicants do everything. When lambing ends work on the farm continues such as dipping and shearing and weighing and checking the lambs.

The family currently live in a static caravan on the farm and have been for around ten years, but its condition is deteriorating. The sheep farming business is a family business that the applicant’s are fully in charge of, both are full time agricultural workers as detailed above. In order to supplement their income the applicant, Mr Martland, has started erecting fencing locally which is ideal as it does not conflict with the lambing season which they stress is merely a method of supplementing earnings from the farming business and is not the primary source of income for the family. Mr Martland began this work when there was a desire to expand the sheep farming business and the requirement for expensive agricultural machinery necessitated the need for some extra financial support. There was also a period in 2001 when the applicant and his wife could not work on the farm as one of their children had open-heart surgery and the fencing work helped pay the bills, some of which are still outstanding from that period. This is seen as a sensible solution to the long-standing problem of low profit margins in the agricultural industry and is not considered to conflict with the principles of PPS7.

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The account figures for the farm have been provided along with the value of the stock and it considered that these show that the agricultural activity has been established for more than three years, it has been profitable since at least 2002, the business is financially sound and has clear prospect of remaining so.

The need for a dwelling could only be met by a dwelling situated on the holding due to the need for a round the clock presence, particularly during the lambing season. A remote dwelling would not address the functional need. The existing bungalow on the farm is occupied by Mr Martland’s parents and two adult brothers and is of very modest size. It would therefore be unreasonable to expect a family with three young children to move into it. The existing bungalow is not tied by condition to the farm. The proposed dwelling respects its surroundings and is in keeping with the area. Its height has been kept to a minimum.

Assessment Green Belt Where the criteria in PPS7 as set out below are met, new dwellings for agricultural worker can be appropriate development in the Green Belt.

Justification for an Agricultural Workers Dwelling PPS7 states that isolated new houses in the countryside will require special justification for planning permission to be granted. Where this relates to the essential need for a worker to live permanently at or near their place of work in the countryside, planning authorities should follow the advice in Annex A [to PPS7].

Annex A to PPS7 sets out the criteria against which applications for permanent agricultural workers dwellings should be assessed. The County Councils Land Agent has provided advice on this matter (his response is in the consultations section above).

It is clear that the County Land Agent does not consider the tests in Annex A to PPS7 have been met in order to justify an agricultural workers dwelling, however it is considered important to look at what this policy is aiming to achieve in assessing the application. The aims of the policy are to ensure that the intentions of the applicant to engage in farming are genuine, they are they likely to materialise, they are capable of being sustained for a reasonable period of time and if there is the need for one or more people engaged in the farm to live nearby.

Although the County Land Agent did not consider there was a functional need for a full-time worker to be available ‘at most times’ due to the seasonal nature of lambing, it is clear the farm is Mr Martland’s main employment (aided by his wife). Although Mr Martland has and does undertake other fencing work there were other circumstances surrounding the family situation that made this necessary over past years, such as the illness of one of their children which lead to debt and the desire to expand the business and therefore bring in other income to enable them to do this in the long-term. I am therefore sympathetic to the applicant’s case in terms of the functional requirement and full-

Agenda Page 100 Agenda Item 4g time employment as I consider it meets the overall aims of PPS7. In addition, the provision in PPS7 that a part-time need does not justify a dwelling is somewhat modified by the statement that a worker who is ‘primarily employed’ in agriculture may also comply. It is considered Mr Martland is primarily employed in agriculture.

The main issue is with the profitability of the farm, which is very modest indeed, and significantly lower than that of a minimum agricultural worker’s wage. The cost of building a dwelling and the impact this could have on the business is a material planning consideration. The County Land Agent does not consider that the level of profit is capable of supporting a living and erecting a dwelling at the farm as the profit levels is so low in this case. Although the applicants state that they would carry out as much work as possible themselves, the dwelling applied for is comparatively substantial as an agricultural workers dwelling even without the cost of the land (which is owned by the applicant’s father). It is accepted that profit figures are not the only indicator of viability, and sustainability is important as well in line with the aims of PPS7. It is also accepted that PPS7 advises that a realistic view of profits must be taken. However, the profit levels are particularly low in this case and although the applicants state a small mortgage may be taken out, no profit forecasts have been provided that account of the need to repay a mortgage on the new house. Taking a realistic view in line with PPS7 the figures seem very low to provide for both a family and further invest in the business as well as construct a dwelling. The applicants state they intend to expand the farm once they have more stability with their accommodation, however the policy works the other way around in that the expansion should occur first in order to justify a dwelling, although there is sympathy towards their current accommodation situation.

There is an existing dormer bungalow on the site that is currently occupied by the applicant’s parents and brothers, which traditionally served the farm. The test in PPS7 is that any functional need could not be fulfilled by another dwelling on the unit, or any other existing accommodation in the area that is suitable and available for occupation by the workers concerned. There have been a number of cases (mainly based on the High Court case Keen v SOS & Aylesbury Vale DC 1995) where inspectors have looked at similar situations and concluded that it is not reasonable that the appellant’s parents should have to sell their home and move elsewhere. This is almost an identical situation to this application and it is therefore considered that the farmhouse could not reasonably be regarded as available to meet the needs of the farm. An important factor in this case is that the current dwelling is not tied to the farm. In terms of the proximity of the farm to Eccleston, if the other tests of PPS7 were met it is not considered that a property in the village could reasonably meet the needs of the applicant in terms of the distance that would need to be travelled given the nature of the farm, for example during the crucial lambing season.

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Paragraph 9 of Annex A states: ‘Agricultural dwelling should be of a size commensurate with the established functional requirement [rather than the desire of the applicant]. Dwellings that are unusually large in relation to the agricultural need of the unit, or unusually expensive to construct in relation to the income it can sustain, should not be permitted’ . The aims of this criterion are two fold – to minimise harm to the rural landscape but mainly that if a request is made to remove an agricultural occupancy condition in the future, to prevent an argument that the dwelling is beyond the means of the agricultural community due to its size/expense.

The dwelling proposed would have a floor area of approximately 170m² and the County Land Agent states that a floor area of about 120m² would be acceptable (related to the needs of the holding). In the past the Local Authority has accepted agricultural workers dwellings of approximately 150m². Although the dwelling applied for is larger than the County Land Agent advises, this issue is largely related to the profitability of the farm and what the business could support, a test that it is not considered has been met. The County Land Agents recommended floor area is therefore related to the low profitability of the farm.

Fallback Position The applicant is currently living in an extended static caravan at the site that does not benefit from planning permission. Although there is some evidence it has been on the site for a significant period of time and the Council does not consider it expedient to take enforcement action, it does not benefit from a Lawful Development Certificate. If its lawfulness were established, the size of replacement unit or dwelling policy would allow it to be replaced with (without agricultural justification), would be less than the size of the dwelling currently applied for. Therefore it is not considered that this fallback position carries such weight that it would outweigh the requirements of the criteria in PPS7.

Design and Appearance The design and appearance of the dwelling is considered acceptable, subject to material samples. There are a wide variety of properties in the area including bungalow and houses.

Neighbour Amenity The only two properties that would be affected by the dwelling would be Lang’s Farm and Endridge, both opposite the site. The owners of Endridge have written in support of the application. The owners of Lang’s Farm have not objected to the principle of the dwelling but to its position in that it will have a detrimental effect on the character of the area and block natural daylight when the sun is lower in the winter months as well as intrude greatly on the privacy of Langs Farm and access to their driveway. It is not considered that the proposed dwelling would have an unacceptable impact on this property. The position of the new dwelling would be in a field immediately adjacent to the farm, closely related to it, it is not considered that the dwelling should be positioned within the farm itself as this could lead to conflict between the activities of the farm and the domestic use of

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the property, particularly as the applicant has young children. In addition there will be approximately 28m between the two dwellings and approximately 23m between the proposed dwelling and the boundary with Lang’s Farm at an angle. Given the distance between the dwellings it is not considered that the proposal would block sunlight to Langs Farm in the winter months or result in an unacceptable level of privacy to this dwelling. The increase in traffic caused by one property would not result in an unacceptable loss of amenity or highway safety issues as the property has sufficient turning and off road parking space. Waste will be dealt with by a septic tank to which United Utilities have no objection.

Recommendation Refuse

Recommendation: Refuse Full Planning Permission

Reasons

1. The proposed development would be located within the Green Belt as defined by the North West Regional Spatial Strategy Policy RDF4 and the Adopted Chorley Borough Local Plan Review. The proposed development is contrary to Policy DC1 of the Adopted Chorley Borough Local Plan Review and PPG2: Green Belts, as in the Green Belt planning permission for new dwellings will not be granted unless required for agriculture or there are very special circumstances that would outweigh the presumption against it. There are not considered to be sufficient agricultural or other very special circumstances in this instance to justify the erection of a dwelling. The proposal does not accord with the all the criteria set out in Annex A of PPS7.

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Jane E Meek BSc(Hons) DipTP MRTPI Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office. Crown Copyright. Corporate Director (Business) Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Chorley Council Chorley B.C. 100018509 (2007)

Application Number: Grid Ref: Scale: Agenda Item No. E: 351524 09/00023/FUL 1:1,250 7 N: 415982 Agenda Page 104

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Item 8 08/01252/OUT Refusal of Outline Planning Permission

Case Officer Caron Taylor

Ward Heath Charnock And Rivington

Proposal Erection of proposed country house hotel (outline application)

Location Rivington Village Club Horrobin Lane Rivington HorwichBolton

Applicant Rivington Village Bowling Club

The application has been brought to the Chairman’s Briefing, as letters of support and objection have been received.

Consultation expiry: 13 th January 2009 Application expiry: 5 th March 2009

Proposal The application is for the erection of a proposed country house hotel. The application is made in outline only including access, layout and scale. The principle of the development and these three matters only are for consideration by this application. The appearance and landscaping of the scheme are not to be considered. It is proposed to increase the size of the existing access in order to accommodate passing vehicles.

Summary The site is in the Green Belt where development is strictly controlled. The proposal is not a form of appropriate development and there must therefore be very special circumstances sufficient to outweigh Green Belt policy if it is to be permitted.

A case for very special circumstances has been put forward in the Design and Access Statement accompanying the application, however it is not considered that the argument put forward is sufficient to outweigh the harm to the Green Belt. No details have been given of alternatives that have been explored to secure the maintenance of the grounds and to boost membership numbers before the current application was submitted. In addition, a significant protected tree will need to be felled to widen the access and although the position of the building on the site is considered acceptable a layout more closely reflecting footprint of the public house that was demolished in 1903 would be more appropriate. The scale of the proposal is considered unacceptable with the mass of the building when viewed from the front being too great particularly the large dormer window and the unacceptably large front roof slope.

Policies Planning Policy Guidance note 2: Green Belts Regional Spatial Strategy policy RDF4: Green Belts Chorley Borough Local Plan policies DC1, EP9, HT7 and LT14

Planning History There is no recent site history relevant to the application.

Background The existing bowling club building is a 'modern' construction and will be removed as part of the proposal. The site is in the Green Belt and also within Rivington Conservation Area. The trees of

Agenda Page 108 Agenda Item 4h the site are covered by Tree Preservation Order 18 (Rivington) 1991. The bowling green itself is covered by Policy LT14 (Public, Private, Educational and Institutional Playing Fields, Parks and other Recreational Open Space), but the site of the proposed building is outside this allocation.

Consultations Chorley’s Conservation Officer States that from a conservation perspective they consider the access acceptable. In terms of the layout, although the location of the building within the plot is acceptable, a better solution would be to use more of the footprint of the original building on the site (Black A Moors Head Hotel) that was demolished in 1903.

The Conservation Officer considers the scale of the proposal to be unacceptable. The mass of the building when viewing the principle elevation (front) is too great. The large dormer window is unacceptable in design terms (related to scale), as is the vast expanse of roof that will be clearly visible from public viewpoints within Rivington Conservation Area. A better solution would be to more closely follow the plan form of the original building - a 'H' plan. It may also be better to consider two separate buildings - the 'hotel' element at the front with a separate clubhouse at the rear. This would remove the requirement to accommodate the differing site levels within one building, and therefore remove the need for the unacceptably large, front roof slope.

Chorley’s Sport, Play & Physical Activity Manager Was consulted on the application in relation to what steps club’s such as this that are struggling financially could do to try to improve their situation. It was advised that there were a number of things the club could try:

Club Development : The club can if they produce a development plan identify various methods to increase 1) Participation 2) Volunteers 3) Coaches and Qualified people 4) In future support to facility improvement;

The above do usually have a cost implication, but this can be applied for via several community support funds such as Awards for All, Grassroots Grants for Lancashire, Co-operative Trust etc to name but three (and the Council can usually help with advice here)

School Club Link programmes: Clubs now have the opportunity to increase participation with local schools and assist in delivery, after school clubs, coaching, and festivals. Usually this link can be created with the local authority sports development unit, but more recently via support of there School Sport Co-ordinator assigned to the local schools. This programme is managed by the School Sport Partnership (contacts available) ;

Clubmark : Clubmark is a national accreditation (similar to British standards or quest etc) that not only identify well run clubs and those that are safe and effective, but also provides a superb club management tool kit that is recognised by National Governing Body and schools / parents etc. Again support locally can be accessed. In Chorley we also have the first Crown Green Bowling Club Coppull JBC, who recently gained this award. Contacts are available for people who could provide support in this area;

Agenda Page 109 Agenda Item 4h Coach Education etc: The National Governing Body is now running coach education courses both at Level One and Two again and the Council can help signpost to these awards;

Local high schools and He and FE colleges are a good source of volunteers and young leaders who may be able to assist, again the Council can provide the links there.

To summarise, there are several ways to assist clubs and other practical ways would be for the club to do a self assessment or a club and organisational needs assessment of what they have and what they wish to achieve and the Council have many of the templates and expertise to guide and support this process.

LCC Ecology The County Ecologist has commented on the proximity of Biological Heritage Sites, bat roosts, breeding birds and the need for tree protection during construction and suggests appropriate conditions and informative notes that can be applied

Chorley’s Arboricultural Officer The trees on the site are covered by Tree Preservation Order 18 (Rivington) 1991.The Arboricultural Officer states the trees appear in very good condition, with no obvious major defects or fungal bodies evident.

All the trees are mature, with the slightly drawn look typical of woodland trees. They stand between 13 and 18 metres high and the canopies are intermingled. The two Beech trees either side of the entrance have a heavy covering of ivy on the trunks and are certainly the specimens of the group.

One of the Beech trees would be removed by the entrance widening and the other would probably suffer root damage during the works. At the top of the ramp, erection of the new building would necessitate the removal of a further two Sycamores and a Holly. The two beech trees at the entrance are both big, imposing trees and are visible from most of the length of Horrobin Lane as one approaches. It would be a real loss to remove one or both of these trees plus the others on site when there is no arboricultural reason to do so and they would object to the application being approved because of this.

LCC Highways Have no highway objections

• Rivington Parish Council • Make the following comments: • Access is of grave concern; the entrance would be on a sharp bend; • Rivington Foundation Primary School - children being dropped off and picked up already create great congestion. A hotel would add to this. • More congestion would inhibit 2-way traffic; • It has been suggested that other avenues be explored to make the Bowling Club a viable business without building a new hotel;

Agenda Page 110 Agenda Item 4h • The Councillors and the inhabitants of Rivington Village do not want to see a large development that is not in keeping with the conservation area; therefore, if it were to go ahead, the building must fit in with the area; • Rivington Church would lose the arrangement the parishioners have for the parking of their cars on Sunday mornings when they attend morning worship and for evening events; • No one wants to see the hotel become a venue for the congregation of motor bikers or outside drinkers; • Everyone is reserving full comments until they have seen the full plans (the case officer; • 3 out of the 5 Parish Councillors are not against the Outline Planning Application and 1 Councillor will not comment until the Full Planning Application has been seen (the case officer has made the Parish Council aware that the application is outline and if they are against the principle they must comment at this stage); • None of the people of Rivington Village appear to be against the Bowling Club being turned into a Hotel if it is in keeping with the conservation area. All would like a clause stipulating that the hotel remains privately owned and cannot be sold to a chain at some future date (the case officer has advised that the Council would have no control over the ownership of the building).

Representations Six letters of objection have been received. These can be summarised as: • Highway safety, the site is on a narrow bend in an area that is already very congested. The proposal will result in traffic, parking and safety issues, especially on Horrobin Lane where parking is already a problem; • The scheme will not benefit the local residents; • Rivington will lose its unique appeal; • The building will dominate the new of the approach to Rivington as it is an elevated spot. It would transform the character of the village and destroy the rural tranquillity. • It is inappropriate to have a licensed premises so close to a primary school where there are so few other surrounding buildings; • Trees will be removed impacting on wildlife; • Although the scheme has architectural merit and would seem to be fitting providing a desirable feature in the village that will attract passing trade, they are concerned that the parking provision is inadequate and overflow parking will adversely detract from the development and safety will be reduced. The site is close to a school and a Parish church that require vehicular access. Being rural setting pupils at the school are largely dropped off and picked up from the school. Roadside parking narrows the road.

A letter has been received stating that the proposal will retain an existing facility in the village with the addition of a potentially sensitive building. They believe that some kind of development

Agenda Page 111 Agenda Item 4h should be permitted on the site otherwise it may become derelict and a high quality small country house hotel and restaurant would seem appropriate.

A further letter has been received stating that although they have no objection in principle they are concerned that any development should not exceed the size of the building requested by the application in relation to both the size of the hotel and the number of bedrooms. They are also concerned that the rural nature of the area is maintained and in particular that yellow lines be avoided.

Applicant’s Case Rivington Village Bowling Club has been long established providing a valuable amenity for the local community. However, due to several factors, the membership of the Bowling Club has declined significantly over the recent years and although the members presently undertake the general maintenance tasks the actual cost of running the club is becoming increasingly onerous and is such that without some form of initiative the club will inevitably and close.

In order to avoid closure and the loss of a valuable social amenity it was decided that some form of method of saving the club must be identified and the fact that there was once a Public House located on the site provided inspiration for the proposal. As it is a Green Belt location it was recognised that there must be very special circumstances to be acceptable in planning terms. The loss of an historic and valuable amenity was seen as justification for this initiative and that it is leisure led project that contributes to the history of Rivington Village especially by the re-introduction and construction in its original form.

However it was decided that just a public house would not be viable or attractive within the location and therefore a small hotel and country restaurant with public areas would be a satisfactory solution, constructed to be similar to the demolished public house and not exceeding the footprint of the former building. The roof space would be utilised to provide living quarters. It would have 8 rooms as it was considered less that this would not succeed as a project.

By obtaining planning consent it would enable the bowling club to stay on site and a meeting room facility within the proposed building would be provided solely for the use of the members based on a peppercorn rent. Visitors would be allowed to enjoy these facilities including use of the bowling green.

Assessment Green Belt The site is in the Green Belt where development is strictly controlled. Planning Policy Guidance note 2: Green Belts (PPG2) and Local Plan Policy DC1 state that the construction of new buildings is inappropriate unless it is for specified purposes and the proposal would not fall within one of the categories to be appropriate development.

As the building is inappropriate development in the Green Belt it is therefore harmful by definition in relation to national Planning Policy Guidance Note 2: Green Belts (PPG2) and Local Plan Policy DC1 and unacceptable in principle.

Very Special Circumstances / Applicant’s Case

Agenda Page 112 Agenda Item 4h If inappropriate development is to be permitted in the Green Belt, there must be very special circumstances to permit it. Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. Even if a case for very special circumstances is argued, that argument must carry such weight that is sufficient to outweigh the harm caused to the Green Belt.

A case for very special circumstances has been put forward in the Design and Access Statement accompanying the application (see applicant’s case), however it is not considered that the argument put forward is sufficient to outweigh the harm to the Green Belt. No details have been given of alternatives that have been explored to secure the maintenance of the grounds and to boost membership numbers before the current application was submitted. As can be seen from the comments of the Council’s Sport, Play & Physical Activity Manager there are several steps that Club can take to try and boost membership with which the Council’s can provide assistance. If the main aim of the Bowling Club is to maintain the bowling and continue as a club such alternatives should have been exhausted first and detailed information on the efforts made included with the application, which has not been done.

There was previously a public house on the site, however this was demolished in 1903 and has little, if any weight towards being very special circumstances.

Overall, it is not considered that the current scheme would constitute very special circumstances sufficient to outweigh Green Belt policy, the application is therefore unacceptable in principle. The Club should try other means of boosting club membership to secure the future of the club.

Visual Amenity/Landscape Impact It is considered that the vast expanse of roof that will be clearly visible from public viewpoints within the area especially from Horrobin Lane as the site is approached from the southwest will have an unacceptable impact on the visual amenity and landscape of the area.

Access, Layout and Scale and Trees Although the principle of the development is considered unacceptable, the access layout and scale have been applied for and must be considered as part of the application:

The access is considered acceptable in terms of highways, however the loss of one of the Beech trees by the entrance is seen as unacceptable. This protected tree is highly visible along the length of Horrobin Lane and makes a significant contribution to the amenity of the area. The application is therefore considered contrary to policy EP9 of the Local Plan that states proposals that would result in the loss of trees that make a valuable contribution to the character of the landscape, a building or settlement will not be permitted. The scheme would also result in the loss of two protected Sycamores and a Holly at the top of the ramp. These trees are viewed more in the context of the woodland than the more isolated Beech trees at the access and Policy EP9 does allow replanting where the loss of trees is outweighed by the

Agenda Page 113 Agenda Item 4h benefit of the development. It is considered that achieving a historically appropriate position for the building on the site must carry substantial weight and replanting could be justified in the case of these trees.

In terms of layout the position of the building on the site is considered acceptable, however a layout more closely reflecting footprint of the public house that was demolished in 1903 would be more appropriate. The parking layout proposes 22 spaces, which exceeds the requirement in the Interim Draft RSS policy for Parking Standards, however given the popularity of the area and the on-street parking o Horrobin Lane it is considered that this number of parking spaces is justified.

The scale of the proposal is considered unacceptable with the mass of the building when viewed from the front being too great particularly the large dormer window and the unacceptably large front roof slope. The layout and scale is therefore considered contrary to Policy HT7.

Recommendation Refuse

Recommendation: Refusal of Outline Planning Permission

Reasons

1. The proposed development would be located within the Green Belt as defined by the North West Regional Spatial Strategy Policy RDF4 and the Adopted Chorley Borough Local Plan Review. The proposed development is contrary to Policy DC1 of the Adopted Chorley Borough Local Plan Review and PPG2: Green Belts as in the Green Belt there is a presumption against inappropriate development, which this would be. It is not considered that the arguments put forward in support of the application are sufficient very special circumstances to outweigh the presumption against it in the Green Belt.

2. Although the position of the building on the site is acceptable, it is considered a layout more closely reflecting the footprint of the public house that originally stood on the site would be more appropriate. The scale of the proposal is considered unacceptable in terms of its mass (particularly when viewed from the front), being too great, particularly the large dormer window and the unacceptably large front roof slope. The layout and scale is therefore considered contrary to Policy HT7 of the Adopted Chorley Borough Local Plan Review.

3. The proposal would result in the felling of a significant protected tree to enable the access to be widened. The application is therefore contrary to Policy EP9 of the Adopted Chorley Borough Local Plan Review which states that proposals which would result in the loss of trees which make a valuable contribution to the character of the landscape or a building or settlement or its setting will not be permitted.

Agenda Page 114

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Jane E Meek BSc(Hons) DipTP MRTPI Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office. Crown Copyright. Corporate Director (Business) Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Chorley Council Chorley B.C. 100018509 (2007)

Application Number: Grid Ref: Scale: Agenda Item No. E:362458 08/01252/OUT 1:2,500 8 N:414412 Agenda Page 116

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Item 9 08/01070/FUL Permit Full Planning Permission

Case Officer Mrs Nicola Hopkins

Proposal Erection of one detached dwelling on land to the rear of 62 Lancaster Lane, Clayton Le Woods (utilising access road approved by 07/00685/FUL and 08/00862/FUL

Location Land 73m South Of 62 Lancaster Lane Clayton-Le-Woods

Applicant Wainhomes Developments

3 letters of objection have been received Consultation expiry: 24 th February 2009 Application expiry: 20 th March 2009

Proposal The application relates to the erection of one detached dwellinghouses on land to the rear of 62 Lancaster Lane. The proposed property will be accessed via the site which was granted planning permission on appeal (07/00685/FUL) and a previous planning application for 2 detached dwellinghouses (08/00862/FUL).

The site forms part of the rear garden area associated with 62 Lancaster Lane. The application site is 0.08 hectares in area.

Summary The principle of redeveloping the rear garden areas within this area has been established by the appeal which was allowed. This proposal represents an amendment to and extension of the proposal allowed at appeal. It is not considered that the addition of two houses will have an adverse impact and as such the proposal is considered to be acceptable.

Planning Policy PPS 1, PPS 3, PPS 9, PPS 23. Policy ER5 (NWRSS). GN1, GN9, EP4, EP9, HS4, TR4. Managing Housing Land Explanatory Note (ACBLPR)

Planning History 95/00193/FUL (Number 62) - Two-storey side and single-storey rear extensions. Approved May 1995

06/01121/FUL (Number 62) - Erection of garage extension to side, conservatory to rear and formation of pitched roof over existing rear extension. Approved November 2006

07/00124/FUL- (Number 54) Demolition of existing dwelling and the erection of 7 detached houses. Refused April 2007

07/00685/FUL- (Number 54) Demolition of existing dwelling and erection of 5 detached houses and 2 bungalows. Refused September 2007. ALLOWED ON APPEAL

07/00346/OUT - (Number 46 and 48) Outline application for the proposed development to create 5 No. new detached dormer bungalows to include an amended access off the highway between no's 46 and 48 Lancaster Lane. Refused August 2007

Agenda Page 120 Agenda Item 4i 07/00951/OUT- (Number 50) Outline application for the erection of 1No detached dormer bungalow and 1No two storey detached house. Withdrawn

07/01423/FULMAJ- Demolition of 54 Lancaster Lane and the erection of 19 No. new dwellings including associated infrastructure on land to the rear of 46 to 60 Lancaster Lane. Refused March 2008. Appeal withdrawn

08/00855/FULMAJ- Demolition of 54 Lancaster Lane and the erection of 19 No. new dwellings including associated infrastructure on land to the rear of 46 to 60 Lancaster Lane. Withdrawn

08/00862/FUL- Proposed construction of 2 detached dwellinghouses with associated infrastructure and plot substitution on plot 5 of previously approved application 07/00685/FUL (now plot 7 on the proposed scheme). Approved October 2008

Applicant’s Case The following points have been submitted in support of the application: • The application is previously developed land in a highly sustainable location and is therefore appropriate for residential development • The design of the scheme is appropriate for this location and takes full account of the need to preserve the amenity of neighbours • The proposals conform to the policies of the adopted development plan • No unacceptable harm will arise to residential amenity and the appearance and character of the area will benefit from the proposed development. • The continuity offered between the proposed dwelling types will establish an identity for the development • The development would further diversify the housing types available within the locality, giving access to properties suited to an ageing population with easy access to local shops and facilities.

Representations 3 letters of objection has been received raising the following points: • The site does have protected priority species • The proposal would require the inclusion of affordable housing • Will set a precedent for further additions to the development • The access road is not acceptable- private driveway is inadequate • Loss of privacy, overlooking, amenity and destruction of the character of the area • No landscaping or tree protection scheme put forward • Will create a ‘berlin wall’ effect when viewed from existing properties • Where are the positive benefits of the development • The developments pays no heed to the environment • Potential impact on bats and great crested newts

Consultations Lancashire County Council (Highways) have objected to the scheme on the fact that the access is unacceptable and will be unable to be served by the bin wagons Agenda Page 121 Agenda Item 4i

Assessment Principle of the development In accordance with Planning Policy Statement 3: Housing the site is considered to be previously developed land. Previously developed land is land which is or was last occupied by a permanent structure including the curtilage of the developed land and any associated fixed surface infrastructure. PPS3 encourages the redevelopment of previously developed land as opposed to developing Greenfield land. As such the principle of redeveloping the site for residential development accords with Government guidance.

Members will recall that there have been various planning applications along this section of Lancaster Lane, two applications on the site of 54 Lancaster Lane, one application to the rear of 46 and 48 Lancaster Lane and one application to the rear of 46-60 Lancaster Lane, all of which were refused. There was also an application submitted at 50 Lancaster Lane for residential development however this was withdrawn. The applicant appealed the second refusal at 54 Lancaster Lane which was allowed on appeal. The decision is a material planning consideration when assessing any further applications at the site. Following the appeal decision an application was submitted (08/00862/FUL) to erect two dwellings to the rear of 60 Lancaster Lane associated with the development allowed on appeal. This application was allowed and resulted in a development of 9 new dwellings accessed from Lancaster Lane adjacent to 50 Lancaster Lane.

This current proposal incorporates the addition of a further dwellinghouse on land to the rear of 62 Lancaster Lane which will be associated with the two previously approved schemes and will, if approved, result in a development of 10 new dwellinghouses. All of the previously approved dwellings and this proposed dwelling will be accessed via one access junction from Lancaster Lane.

Layout The layout results in a relatively low density development. The whole site, including the two previously approved sites, equates to approximately 0.48 hectares. The erection of 10 dwellings on this site results in a density of approximately 20 dwellings per hectare. This is below the 30 dwellings per hectare set out within PPS3 however a low density development is considered to be appropriate on this site as it allows a more spacious development with each property incorporating private garden areas.

The Inspector commented on the layout and integration into the surrounding area in his decision in respect of the appeal at 54 Lancaster Lane. He commented that each wave of development in the area had opened up land in slightly different ways. He, therefore, did not consider it inappropriate for the development of the further backland to adopt a further variation.

The proposal is a cul de sac arrangement which incorporates one access point off Lancaster Lane. The Appeal Inspector commented that the previous scheme would reflect the earlier cul- de-sac pattern within the area. The appeal at 54 Lancaster Lane was allowed and as such could be commenced, subject to compliance with the conditions. If similar applications were submitted on the adjacent plots it would be difficult to resist them and would create various access points off Lancaster Lane. The

Agenda Page 122 Agenda Item 4i Appeal Inspector did not consider this to be a concern however it is considered that the current proposal will ensure that only one access point onto Lancaster Lane will be required which will benefit the character of the area and vehicle movements along Lancaster Lane.

Highways The Highways Engineer at Lancashire County Council has objected to the scheme in respect of the access arrangements however this scheme involves an extension to a development which can be constructed as it was allowed on appeal and as part of the previously approved application. This application does not include the highway access off Lancaster Lane which will serve the development as this will be constructed as part of the previous approvals. The Highway Engineers concerns relate directly to the suitability of the access from Lancaster Lane which is not being considered as part of this planning application and can be constructed as part of the approved scheme. As such there are no grounds for refusal on highway safety. It is not considered that one additional dwelling served off this access road will have a detrimental impact on highway safety in the area.

The proposed dwellinghouse incorporates an integral double garage and parking space to the front of the garage accommodation. The internal garage space if relatively small and not suitable for a large car however this house type has been approved elsewhere on the site, there is outside in curtilage parking space provided and a condition will be attached requiring the garage to be retained as a garage. As such the parking proposed is considered appropriate for the size of dwelling proposed.

In respect of refuse collection it is not intended that the development or highway will be adopted and therefore will be maintained by a private management company. The Highway Engineer has raised concerns about refuse vehicles entering the site however, as set out earlier, the access arrangements have planning approval. It is appreciated that refuse vehicles will be unable to enter the site however refuse collection will have to be managed by the private management company responsible for the site. Full details of the Management Company, including details of refuse collection management, will be required by condition. A refuse collection point is proposed as part of the development allowed on appeal.

The application site is located within the settlement area of Clayton le Woods and is considered to be located within a sustainable location as the site is located close to local amenities and is well served by public transport. In addition to this there is an existing cycleway located close to the site and several primary schools in the area. The location of the application site is considered to be sustainable and as such accords with the Government’s sustainability principles.

Impact on the Neighbours The proposal incorporates the erection of a two storey, four bedroom, detached dwellinghouse. The property is a Cambridge Agenda Page 123 Agenda Item 4i house type which has been approved on adjacent parcels of land and as such will integrate well into the character of the whole development.

11 metres of rear garden space is proposed and 23 metres is retained between the rear of the proposed dwellinghouses and the rear elevation of 31/33 Kirkby Avenue. 14.5 metres is retained between the front elevation of the property and the private garden area retained as part of 62 Lancaster Lane. All of these distances accord with and actually exceed the Council’s required spacing standards and as such the proposal will maintain the amenities of the existing and future residents.

Response to the neighbours concerns Several concerns have been raised by neighbours to the application site. The Ecologist has previously commented on the redevelopment of the back gardens along Lancaster Lane with particular reference to protected species. In respect of Great Crested Newts the Ecologist has previously commented that Great Crested Newts have been recorded in the area, however it is unlikely that they will occupy habitats within the application sites. There are trees on site which have the potential to support bat roosts however these trees are protected under TPO 6 (Clayton le Woods) 2007 and will be retained as part of the development. The originally submitted layout did not detail the protected trees however an amended plan has been requested incorporating the trees. As such any potential bat roosts will not be affected by the development. Any future residents wishing to remove the trees will require an application to the Local Authority and adequate justification will be required.

Affordable housing will not be required as part of this development, even if the whole scheme was being applied for, i.e. the erection of 10 dwellings, affordable housing would not be required. Following the adoption of the NW Regional Spatial Strategy, which superseded the Joint Lancashire Structure Plan, the relevant Planning Policies are Policy L5 of the Regional Spatial Strategy and Policy HS5 of the Adopted Local Plan. These Policies require 20% on site affordable housing however this requirement only applies if the total number of dwellings is 15 or more. This figure is derived from Government advice contained in PPS3.

The access road serving the proposal and the adjacent parcels of land will be a private access road which will be managed by a private management company. The Appeal Inspector accepted that this solution was acceptable. As the refuse vehicles will not be able to serve the whole site management arrangements will have to be enforced to ensure the bins are sited in a suitable location on collection days. This will form part of a condition.

An extension to an approved residential development ensures that all the proposed dwellings will utilise one access road. The Appeal Inspector did not raise any concerns with various access junctions off Lancaster Lane and as such it would be difficult to refuse applications for new residential development in the rear garden areas with individual access points off Lancaster Lane on highway safety grounds. This proposal ensures that only one access junction is required off Lancaster Lane which will benefit highway safety and the character of the area.

Agenda Page 124 Agenda Item 4i

The site falls to be considered brownfield land and as such its redevelopment is considered acceptable in accordance with Government advice contained in PPS3: Housing. Full details of the proposed landscaping will be dealt with by condition. As set out earlier the scheme exceeds the Council’s required spacing distances ensuring that the amenities of the existing and future residents are protected.

Section 106 Agreement As this proposal incorporates the erection of 1 new dwellinghouse with more than one bedroom there is the requirement for the development to contribute to the provision of equipped play space in the Borough. This requirement is set out within the Council’s Interim Planning Guidelines for New Equipped Play Areas associated with Housing Developments.

As such there is a draft Section 106 Agreement associated with this development which requires a commuted sum of Ł2526 which will contribute to equipped play space in the Borough. As this requirement is a material planning consideration the Section 106 Agreement will require completing and signing before the 8 week determination date or the application will be refused.

Conclusion The principle of redeveloping the site for housing has been established by the appeal which was allowed. This scheme represents an extension to that development and the subsequent adjacent extension to the scheme, which was granted planning permission last year, which were both considered acceptable. The proposal will incorporate one additional dwelling served off one access drive via Lancaster Lane. It is not considered that the proposal will adversely impact on highway safety, neighbour amenities or the character of the area and as such the proposal is considered to be acceptable.

Recommendation Permit (Subject to Section 106 Agreement) Refuse if Section 106 Agreement is not signed prior to 20 th March 2009

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. 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 Agenda Page 125 Agenda Item 4i 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.

3. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. Reason: In the interest of the appearance of the locality and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

4. The development hereby permitted shall not commence until samples of all external facing materials to the proposed buildings (notwithstanding any details 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 using the approved external facing materials. Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

5. 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.

6. Prior to the commencement of the development full details of the Management Company and arrangements for the future management and maintenance of the site, including storage and collection of refuse, shall be submitted to and approved in writing by the Local Planning Authority. The site shall thereafter be managed by the approved Management Company in accordance with the approved arrangements. Reason: To ensure the satisfactory management of the private driveway and refuse storage/ collection at the site and in accordance with Policy TR4 of the Adopted Chorley Borough Local Plan Review.

7. Before the development is commenced the site shall be investigated for ground conditions, soil and groundwater contamination and landfill gas in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The investigation shall be undertaken to the satisfaction of the Local Planning Authority and details of all results, assessment and measures needed to render the development safe shall be submitted to and approved by the Local Planning Authority before the development is implemented. All such measures shall be implanted before the development is commenced or in accordance with a timetable to be agreed with 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 Planning Policy Statement 23 Planning and Pollution Control

8. 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

Agenda Page 126 Agenda Item 4i submitted plans. 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.

9. 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 and the approved planning applications references 07/00685/FUL and 08/00862/FUL. Reason: In the interests of highway safety and in accordance with Policy No.TR4 of the Adopted Chorley Borough Local Plan Review.

10. 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.

11. 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.

12. 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

13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (Schedule 2, Part 1, Classes A to D), or any Order amending or revoking and re-enacting that Order, no alterations or extensions shall be undertaken to the dwellings 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 127 Agenda Item 4i

2 85

3

1

73

71 NE ASTER LA LANC 65 ´

a 72 76 74 76 a r L ane 72 Lancaste 58 54

50 48

Application Site

49

37 E 25 VENU BY A KIRK

26 13

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Claughton Ave

38

25 53

14

2

39

1 AVENUE GHTON 2 37 CLAU 10

92

Jane E Meek BSc(Hons) DipTP MRTPI Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office. Crown Copyright. Corporate Director (Business) Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Chorley Council Chorley B.C. 100018509 (2007)

Application Number: Grid Ref: Scale: Agenda Item No. E:356247 08/01070/FUL 1:1,250 9 N:422464 Agenda Page 128

This page is intentionally left blank Agenda Page 129 Agenda Item 4i Agenda Page 130

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Item 10 09/00018/TE Prior Notification for Telecom - Refusal

Case Officer Miss Lyndsey Cookson

Ward Astley And Buckshaw

Proposal Prior notification for the erection of a 15m high monopole, 3 No. 3G antennas and equipment cabinet,

Location Land 100m South Of BWFC Training Ground Building Euxton Lane Euxton Lancashire

Applicant Telefonica O2 Uk Ltd

Consultation expiry: 12 th February 2009 Application expiry: 8 th March 2009 Two letters of objection have been received

Proposal This application is for prior notification for the erection of a 15m high monopole, accommodating 3 No. 3G antennas and equipment cabinet, at Land 100m South of BWTC Training Ground, Euxton Lane, Euxton.

Site Description The proposed mast would be situated on a wide section of grass verge on the north side of Euxton Lane. The site is adjacent to a bus shelter and telegraph pole next to the access into the training ground and sports club. To the rear of the site is a 3m high continuous brick wall. The site is within the main settlement of Euxton, within the designated Royal Ordance site. To the north, south and east of the site, the area is washed over by Green Belt. There are residential, commercial and recreational uses in the vicinity.

Summary As the proposal benefits from permitted development rights, Telefonica O2 UK Ltd have applied for a determination as to whether prior approval is required for the siting and appearance of the mast and equipment cabin. Consideration has been given to the provision of additional streetscene clutter, whether this can be easily absorbed into the surrounding landscape, and whether the assessment of alternative locations has been adequately carried out such that it is the only possible location for the mast. It is considered that by siting the proposal on this particular site, it would appear overly prominent in the streetscape, and there are other sites in the locality where a mast siting would be less visually intrusive. There don’t appear to be any change in circumstances when a similar application was refused in 2007. The application is accordingly recommended for refusal.

Policy PPG8: Telecommunications PS12, GN2, GN5

Planning History The following application is pertinent to this proposal: 07/00165/TEL – Prior notification of siting of 15 metre high telecommunications mast accommodating 3no. antennas, 1no dish and radio equipment cabin. Refuse.

Consultation LCC Highways – No highway objection.

Agenda Page 132 Agenda Item 4j Representations Objections received from Billinge House & Woodcock Fold Cottage: - All the structures in the vicinity are low profile, with the exception of another telecommunications pylon/pole located near to the railway lines, away from public view; - Street lights and telegraph poles are smaller and have a slimmer visual impact; - Potential to set a harmful precedent for others to be sited in one of the few remaining green areas along Euxton Lane, - The location would be unsafe (distracting drivers), and would be at odds with the consistently low profile appearance of structures in the area; - Suggested mast sharing with an existing mast close by.

Assessment This is a prior notification application; therefore the issues to be assessed are the siting, design and external appearance of the proposal.

Policy PS12 of the Local Plan Review states that the Council will permit utility services development where there are no overriding environmental objections to either the siting or appearance of the installation and when all of the following criteria are satisfied: a) Development is part of a planned expansion; b) No operationally suitable alternative sites with less environmental impact are available; c) No reasonable possibility of sharing existing facilities; d) No reasonable possibility of erecting antennae on an existing building or structure; e) The visual impact of the development on the landscape has been minimised, subject to technical limitation.

The proposed installation is needed to provide 3G coverage to residential and commercial properties in Euxton, Buckshaw Village and surrounding new developments. The applicants have provided information in accordance with criteria (b), (c) and (d) that seven other sites were considered and discounted. These include a site share with an existing mast at Euxton Park Golf Club (discounted as the existing mast cannot accommodate a further operator and would require significant redevelopment), and new sites at Euxton Park Golf Centre, Runshaw College, Buckshaw Industrial Estate and Chorley Business & Technology Centre (all discounted as unable to obtain site owner’s permission). Four additional sites have been looked at since those considered in 2007.

Regarding criteria (e) in terms of siting and visual impact the applicant argues that given the make-up of the area and lack of viable alternative sites, this proposal is the only viable solution that could provide coverage to this area of Euxton. The area is now predominantly a mixed-use area, with Urban Village status, hence the decision to locate the proposals along a major highway where lighting columns and non-residential activity is more pronounced. The applicant appreciates the site will be visible to pedestrians and road users, however feels the monopole and equipment cabinet will in time be accepted as part of the urban fabric of the area.

PPG8 advises that the sharing of masts should be a priority to keep the number of masts to a minimum. The local planning authority have consistently advised that use of an existing T- Mobile structure at the Euxton Park Golf Centre is the Council’s first choice. PPG8 also advises on siting and design, stating innovative design solutions may be adopted including those which look like street furniture. This is the case here, where it is proposed to erect a slim line pole. PPG8 suggests a number of factors to consider concerning siting, such as the height of the site in relation to surrounding land, the existence of Agenda Page 133 Agenda Item 4j topographical features and vegetation, the effect on the skyline, the site when observed from any side, and the site in relation to residential property and others.

The location is a largely featureless piece of highway verge and cycle track. The only significant elements are a bus shelter, a telegraph pole, lighting columns and a solitary Poplar tree. Behind the verge is a continuous 3m high brick wall. It is considered that the introduction of an additional piece of street furniture by way of this 15m mast with antennae at the top will add a prominent feature to what is already a substandard landscape. The streetscene at this point needs a scheme of enhancement, such as by way of tree planting, rather than the erection of an alien structure such as the proposed mast.

Whilst the slimline design minimalises the bulk and appearance of the mast, notwithstanding the design, the siting of the proposed mast would appear very visible in this location. The mast is located next to the public highway, including public footpath and cycleway, and the area immediately around the proposed site is open in character. This is evident by the highway width, neighbouring buildings being set back from the highway, soft landscaping and recreational land uses. Furthermore, to the north, south and east of the site, away from the settlement of Euxton, the area is washed over by Green Belt, and subsequently development is more scarce. Nearby street furniture comprises of 10m street lights and a telegraph pole, which are considerably lower in height, and one Poplar tree. These do not provide an adequate backdrop to the mast, when viewed against the sky line. The mast would dominate existing street furniture as opposed to sitting inconspicuously alongside them, making it a prominent feature in the streetscape. Euxton Lane is a wide, relatively straight road, and views of the mast would be from a good distance away, exacerbating it’s prominent visual impact.

The local planning authority have consistently advised that it does not consider the Euxton Lane grass verge as an acceptable location, and that it prefers sites to the east adjacent to the railway line. This was conveyed in pre- application advice given to the agent, and in correspondance to other operators in the past. It is not considered that enough alternative sites in this area with less environmental impact have been surveyed, or that enough evidence has been submitted as to why these alternative sites are not comprehensive enough.

I do not consider there to be an adverse visual impact on residential properties, which are sited over 90m away, or on highway safety.

A Declaration of Conformity with the ICNIRP Public Exposure Guidelines accompanies the application. PPG8 states it is the Government’s firm view that the planning system is not the place for determining health safeguards. It remains central Governments responsibility to decide what measures are necessary to protect public health. In the Governments view, if a proposed mobile phone base station meets the ICNIRP guidelines for public exposure it should not be necessary for a local planning authority, in processing an application for planning permission or prior approval, to consider further the health aspects and concerns about them.

Conclusion Siting the proposal on this particular site would result in a prominent feature in the streetscape, and the mast would dominate existing street furniture. Locating a tall telecommunications mast here would worsen the existing streetscene, which is in need of enhancement. It is therefore considered that there are other sites in the locality where a mast siting would be less visually intrusive. For these reasons prior approval should be refused, as the proposed mast will not comply with the requirements of Policy PS12.

Agenda Page 134 Agenda Item 4j

Recommendation Refuse Prior Notification for Telecom

Recommendation:

Prior Notification for Telecom - Refusal

Reasons

1. The proposed development is contrary to PPG8 and PS12 of the adopted Chorley Borough Local Plan Review in that it will be unduly prominent and intrusive within the street-scene and detrimental to the character and appearance of the area by reason of its siting and appearance. Furthermore the Council is not satisfied the applicant is seeking to meet their operational needs in a manner which minimises environmental and visual impact.

Agenda Page 135 Agenda Item 4j

MP .25 ´

Sports

BWFC Training Ground

Application Site Eux ton Lane

64.0m

Shelter

Billinge House

Jane E Meek BSc(Hons) DipTP MRTPI Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office. Crown Copyright. Corporate Director (Business) Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Chorley Council Chorley B.C. 100018509 (2007)

Application Number: Grid Ref: Scale: Agenda Item No. E:356873 09/00018/TEL 1:1,250 10 N:419576 Agenda Page 136

This page is intentionally left blank Agenda Page 137 Agenda Item 4j Agenda Page 138

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Item 11 09/00053/FUL Refuse Full Planning Permission

Case Officer Caron Taylor

Ward Brindle And Hoghton

Proposal Retrospective application to retain 4 no. lighting columns.

Location The Boatyard Inn Bolton Road Withnell ChorleyPR6 8BP

Applicant Mr Michael Pozzi

The application has been brought to the Chariman’s briefing as it is retrospective and has been recommended for refusal.

Consultation expiry: 26 th February 2009 Application expiry: 23 rd March 2009

Proposal The application is retrospective to retain 4 lighting columns.

Summary Low level lighting columns were permitted to a new overflow car park by permission 07/00794/FUL, however these have not been implemented and four high level lighting columns erected without planning permission. External lighting is considered necessary and reasonable at the Inn but the type of lighting that is the subject of this application is considered excessive for what is required and will have a detrimental impact on the Green Belt and the rural character of the area contrary to Policy EP21A of the Local Plan, especially as there is no street lighting on this part of Bolton Road.

If the applicant wished to provide more lighting than previously approved it is considered that the Council would be able to support the introduction of more low level bollard type lighting as permitted on the new overflow car park, as it would be more appropriate to the area as well as being sufficient to ensure the safety of staff and visitors to the Inn.

Policies PPG2: Green Belts DC1: Development in the Green Belt EP21A: Light Pollution

Planning History The recent planning history of the site is as follows:

Ref: 94/00707/FUL Decision: PERFPP Decision Date: 1 December 1994 Description: Single Storey Side Extension and Erection of Porch o Rear.

Ref: 04/00582/FUL Decision: PERFPP Decision Date: 16 July 2004 Description: Internal alterations and extension to existing public house,

Agenda Page 140 Agenda Item 4k Ref: 04/01062/ADV Decision: PERADV Decision Date: 19 November 2004 Description: Retrospective application for 4 advertisement signs,

Ref: 04/01063/ADV Decision: PERADV Decision Date: 19 November 2004 Description: Retrospective application for 2 post signs,

Ref: 07/00205/FUL Decision: PERFPP Decision Date: 9 May 2007 Description: Proposed front extension to include glazed shelter and extended patio area

Ref: 07/00430/FUL Decision: PERFPP Decision Date: 20 June 2007 Description: Proposed conversion of outbuilding into hotel rooms.

Ref: 07/00794/FUL Decision: PERFPP Decision Date: 19 October 2007 Description: Additional car parking (37 spaces) with 4no. lighting columns.

Background The lighting columns have already been erected and therefore the application is retrospective. There are four columns, two serving the new overflow car park permitted by 07/00794/FUL, one on the new access road up to the car park and one onto to the rear of the Inn facing towards the slipway.

Low-level bollard lighting was permitted to the overflow car park by permission 07/00794/FUL however, these were not implemented and the lighting columns the subject of this application erected.

Consultations None received at time of writing

Representations None received at time of writing

Applicant’s Case The agent states that they did not obtain the original planning permission for the overflow car park and were unaware of the lighting that had been approved by that scheme. The car park is in a remote site and of an open nature and it was felt necessary for the three lights to be provided to this area for the safety of customers to protect them from falling and secondly from a security aspect in what would otherwise be a dark remote area.

One of the lights is also used to illuminate the access coming out of the top car park and its junction with the existing car park. The lights are pointed down and do not illuminate beyond the edge of the site. The column to the rear of the Inn was added to cover the steps to the entrance and provide illumination to a remote car parking area. The lux levels could be changed and a timer attached. It is from a point of view of safety and security that the client wishes to maintain the lighting.

Agenda Page 141 Agenda Item 4k

Assessment The Boatyard Inn is in the Green Belt. Policy EP21A states the criteria that lighting schemes should meet, including that the amount of lighting is the minimum required for security and pubic safety, light spillage is minimised and that there will be no nuisance to neighbours or adverse effect on the character of the area. The principle of lighting at the site is considered acceptable as is shown by the permission for the car park that allowed low- level bollard lighting, which was considered to meet these criteria. The high level lighting is however considered excessive for what is necessary. The Boatyard Inn is located in the Green Belt and the site has a strong rural feel with no street lighting on Bolton Road. Although there is some canal side lighting these are much lower lantern style columns. The lights applied for introduce a block of light that would undermine the character of the rural area and have a detrimental impact on the amenity of the Green Belt.

It is the type of lighting that is applied for that is considered unacceptable. If the applicant wished to install more low level lighting bollards as those permitted on the new overflow car park around other areas of the site, these would be more appropriate and ensure the safety of staff and visitors to the Inn and is considered they could be supported by the Council if they were applied for.

Recommendation Refuse

Recommendation: Refuse Full Planning Permission

Reasons

1. The site is in the Green Belt and the area has a strong rural character. It is considered that the type of lighting proposed is above the minimum required for security and public safety and the proposal is therefore considered contrary to Policy EP21A of the Adopted Chorley Borough Local Plan Review. The lights would introduce a block of light that would undermine the character of the rural area and have a detrimental impact on the visual amenity of the Green Belt contrary to PPG2: Green Belts.

Agenda Page 142

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Sandall Newfield

Issues

Issues Mast ´

BBC Radio Station

Mast

BOL

T ON ack r R T OAD FB

Finnington Brook 112.5m

Cottage Leeds and Li verpool Ca Towing Path 111.6m n na ee l Moorings FW Riley Gr FB h Green t Application Site Pond

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A Bolton Road 675 A 675 Pond

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111.6m 123.7m

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Quarry Barn

Jane E Meek BSc(Hons) DipTP MRTPI Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office. Crown Copyright. Corporate Director (Business) Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Chorley Council Chorley B.C. 100018509 (2007)

Application Number: Grid Ref: Scale: Agenda Item No. E:362487 09/00053/FUL 1:2,500 11 N:425080 Agenda Page 144

This page is intentionally left blank Agenda Page 145 Agenda Item 5

Report of Meeting Date

Corporate Director (Business) Development Control Committee 03 February 2009

ENFORCEMENT ITEM ERECTING OF FOUR LIGHTING COLUMNS – THE BOATYARD INN BOLTON ROAD WITHNELL CHORLEY PR6 8BP

PURPOSE OF REPORT 1. To consider whether it is expedient to take enforcement action in respect of the above case.

RECOMMENDATION(S)

2. That it is expedient to issue an Enforcement Notice in respect of the following breach of planning control:

i. Without planning permission the erecting of four lighting columns at The Boatyard Inn, Bolton Road, Chorley, PR6 8BP.

ii. Remedy for Breach

ii(a) Remove the four lighting columns from the land.

ii(b) Period for Compliance

ii(c) Three Months

ii(d) Reason:

The site is within the designated Green Belt and the area has a strong rural character. It is considered that the type of lighting proposed is above the minimum required for security and public safety and the proposal is therefore considered contrary to Policy EP21A of the Adopted Chorley Borough Local Plan Review. The lights would introduce a block of light that would undermine the character of the rural area and have a detrimental impact on the visual amenity of the Green Belt contrary to PPG2: Green Belts

Updated Template November 2008 Agenda Page 146 Agenda Item 5

EXECUTIVE SUMMARY OF REPORT 3. Planning permission was granted under application 07/00794/Ful for an overspill car parking area for 37 vehicles at the premises. The additional area was sited to the south of the Inn some 15, metres distant. Within the application Helios style bollard lighting was approved to illuminate this additional parking area, two bollards were shown to be at the entrance of the newly formed parking area and two to the south boundary of the newly formed parking area. 4. The premises lie within the designated Green Belt. Green Belt Policy is set out in PPG 2: Green Belts and is re-stated in Policy DC1 of the Local Plan. Local Plan Policy DC1 states that, within the designated Green Belt, permission for development will not be granted except in very special circumstances, for development other than that defined within one of the seven criteria defined within that policy. 5. Policy EP21A of the Local plan specifically relates to development requiring external lighting and requires lighting schemes to be the minimum required for security and public safety, that light spillage will be minimized and there would be no nuisance to neighbors or adverse effect on the character of the area.

6. A retrospective planning application for the erecting of the lighting columns, 09/00053/FUL refers, has been presented on this agenda which has considered all Policy criteria, it is considered that the proposal is recommended for refusal for the reason as reported at 2 (ii)(d). Should members accept the Officers recommendation for refusal this report seeks authority to serve an Enforcement Notice to remove the unauthorized works.

ALTERNATIVE OPTIONS CONSIDERED AND REJECTED No alternative options have been considered.

CORPORATE PRIORITIES

8. This report relates to the following Strategic Objectives:

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

BACKGROUND

9. The case relates to works carried out to erect four multi headed lighting columns within the curtilage area of the premises, two columns are sited to the east and west of the overspill car parking area, a further column is sited to the bottom of the newly formed road that leads to the overspill car park accessed from within the site area, the last column is located to the rear of the premises. These columns do not benefit from planning permission and a retrospective application was submitted for their retention that has been recommended for refusal. Agenda Page 147 Agenda Item 5

IMPLICATIONS OF REPORT

9. 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 X area

J E MEEK CORPORATE DIRECTOR BUSINESS

Report Author Ext Date Doc ID

Steve Aldous 5414 17 February 2009 ENF/08/0359 Agenda Page 148

This page is intentionally left blank Agenda Page 149 Agenda Item 6

Report of Meeting Date

Corporate Director of Development Control Committee 03/03/09 Governance

PROPOSED CONFIRMATION OF TREE PRESERVATION ORDERS

PURPOSE OF REPORT 1. To consider formal confirmation of the Tree Preservation Orders as detailed below.

RECOMMENDATION(S) 2. 2.1 That the following Tree Preservation Orders be formally confirmed without modification:

(1) The Chorley Borough Council Tree Preservation Order No. 2 (Chorley) 2008: (2) The Chorley Borough Council Tree Preservation Order No. 5 (Chorley) 2008; (3) The Chorley Borough Council Tree Preservation Order No. 6 (Rivington) 2008; (4) The Chorley Borough Council Tree Preservation Order No. 7 (Croston) 2008; (5) The Chorley Borough Council Tree Preservation Order No. 9 (Chorley) 2008.

2.2 That the Tree Preservation Order named below be formally confirmed subject to the following modification, namely that T.2 and T.4 specified in the Schedule to the Order be deleted from inclusion within the Order on the grounds of their decayed condition:

(1) The Chorley Borough Council Tree Preservation Order No. 3 (Ulnes Walton) 2008.

REASONS FOR RECOMMENDATION(S)

2. Formal confirmation of the Orders affords permanent as opposed to provisional legal protection on the trees covered by those Orders.

ALTERNATIVE OPTIONS CONSIDERED AND REJECTED 3. No alternatives were considered. Not to have confirmed the Orders would have meant allowing the Orders, and thereby the protection conferred on the trees covered by those Orders, to lapse.

CORPORATE PRIORITIES

4. This report does not relate to any of the following Strategic Objectives:

Put Chorley at the heart of regional Improved access to public services economic development in the central Lancashire sub region Improving equality of opportunity Develop the character and feel of and life chance Chorley as a good place to live Involving People in their Ensure Chorley is a performing

Updated Template July 2007

Agenda Page 150 Agenda Item 6

Communities Organisation

BACKGROUND

5. No objections have been received in response to the making of the above Orders. It is, therefore, now open to the Council to confirm the above Orders as unopposed Orders. The effect of formally confirming the Orders will be to give permanent legal force to the Orders, as opposed to provisional force, thereby making it an offence on a permanent basis to fell or otherwise lop, prune etc, any of the trees covered by the Orders without lawful permission.

DETAILS OF PROPOSALS

6. The following Orders were made and served on all those with an interest (owner/occupiers etc.) in the land on which the trees are situated on the dates stated for the following purposes:

(i) The Chorley Borough Council Tree Preservation Order No. 2 (Chorley) 2008, made on 2 June 2008; to protect two trees on land formerly belonging to a social and athletic club, adjoining the south side of Duke Street, Chorley; (ii) The Chorley Borough Council Tree Preservation Order No. 3 (Ulnes Walton) 2008, made on 23 June 2008 to protect 5 trees situated on land at the entrance to the Royal Umpire Caravan Park, fronting the north side of Southport Road (A.581), Ulnes Walton. (iii) The Chorley Borough Council Tree Preservation Order No. 5 (Chorley) 2008, made on 11 September 2008, to protect an area of woodland on land adjoining the west side of Wigan Lane (A.5106), Chorley, just to the north of Wigan Lodge. (iv) The Chorley Borough Council Tree Preservation Order No. 6 (Rivington) 2008, made on 24 September 2008, to protect an “ancient” downy birch tree situated within woodland to the south-west of Great House Barn Car Park, Rivington Lane, Rivington, close to the eastern bank of Lower Rivington Reservoir. (v) The Chorley Borough Council Tree Preservation Order No. 7 (Croston) 2008, made on 22 October 2008, to protect two trees on land within the rear garden of 71 Station Road, Croston, and bordering the side fence of 1 Bramblewood. (vi) The Chorley Borough Council Tree Preservation Order No. 9 (Chorley) 2008, made on 21 November 2008, to protect five trees on land at the front of Hoole Cottage, adjoining the north side of Wigan Lane (A.5106), Chorley.

8. As regards Tree Preservation Order No. 3 (Ulnes Walton) 2008, it became evident following the making of the Order that two of the five trees protected by the Order, namely T.2, a Sycamore tree, and T.4, an Ash tree, were in a seriously decayed condition and thus endeavouring to afford protection to the two trees concerned served no durable purpose. For that reason it is recommended in paragraph 2.2. above that this Order be confirmed subject to the following modification, namely that the two trees in question, T.2 and T.4, be deleted from inclusion within the Order.

IMPLICATIONS OF REPORT

7. This report does not have any implications in relation to any of the following areas:

Finance Customer Services Human Resources Equality and Diversity Legal

A DOCHERTY CORPORATE DIRECTOR OF GOVERNANCE Agenda Page 151 Agenda Item 6

There are no background papers to this report.

Report Author Ext Date Doc ID G Fong 5169 16 February 2009

Agenda Page 152

This page is intentionally left blank Agenda Page 153 Agenda Item 7

Report of Meeting Date

Corporate Director (Business) Development Control Committee 03.03.2009

PLANNING APPEALS AND DECISIONS - NOTIFICATION

PURPOSE OF REPORT 1. To advise Committee of notifications received from the Planning Inspectorate, 22 January 2009 and 12 February 2009 of planning and enforcement appeals that may have been lodged or determined. Also of notification of decisions received from Lancashire County Council and other bodies.

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 change. Central 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 a X performing organization

PLANNING APPEALS LODGED

4 Appeal by Mr P Walton against the Development Control Committee’s decision to refuse outline planning permission, against officer recommendation, for the demolition of existing buildings and erection of 11 two storey dwellings at St Mary’s Church Hall, Lawrence Lane, Eccleston (Application No. 08/00465/OUTMAJ).

PLANNING APPEALS DISMISSED

5 Appeal by Mrs K Sowerbutts against the delegated decision to impose conditions on planning permission to vary condition 4 of planning permission 06/01017/FUL to vary the opening hours to 10:00 - 16:00 Monday to Friday, 10:00 - 23:00 Saturday, and 10:00 - 16:00 Sunday at 25A School Lane, Brinscall (Application No. 08/00275/FUL).

PLANNING APPEALS ALLOWED

Updated Template November 2008 Agenda Page 154 Agenda Item 7

6 None

PLANNING APPEALS WITHDRAWN

7 None

ENFORCEMENT APPEALS LODGED

8 None

ENFORCEMENT APPEALS DISMISSED

9 None

ENFORCEMENT APPEALS ALLOWED

10 None

ENFORCEMENT APPEALS WITHDRAWN

11 None

LANCASHIRE COUNTY COUNCIL DECISIONS

12 None

GOVERNMENT OFFICE DECISIONS

13 Listed Building Consent granted for installation of CCTV at Astley Hall, The Coach House and Astley Park, Park Road, Chorley (Application No. 08/00885/LBC).

I MPLICATIONS OF REPORT

14 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

J E MEEK CORPORATE DIRECTOR (BUSINESS)

Report Author Ext Date Doc ID Louise Taylor 5346 22/1/2009

Background Papers Document Date File Place of Inspection 4 Letter from the 11/02/2009 08/00465/OUT Civic Offices, Union Street, Chorley or Planning Inspectorate MAJ decisions may be viewed at the Union Street offices or at 5 “ 29/01/2009 08/00275/FUL www.chorley.gov.uk/planning by Agenda Page 155 Agenda Item 7

selecting “Planning application - online search” 13 Letter from 27/1/2009 08/00885/LBC Government Office Agenda Page 156

This page is intentionally left blank Agenda Page 157 Agenda Item 8 Report

Report of Meeting Date Corporate Director (Business) Development Control Committee 03.03.2009

PLANNING APPLICATIONS DECIDED BY THE CORPORATE DIRECTOR (BUSINESS), THE CHAIR AND VICE-CHAIR OF THE COMMITTEE ON 03 FEBRUARY 2009

Application Recommendation Location Proposal No. 08/01080/FUL Permit Full Planning Scout Hut Blackburn Old Road The development proposal Permission Hoghton requires the demolition of an existing single storey scout hut and the erection of a new purpose built single storey straw bale building with green roof and rendered walls with new dedicated car parking all within the current location of the existing site

08/01160/FUL Permit Full Planning St Peters C Of E Junior School Re-siting of vehicle and Permission Eaves Lane Chorley PR6 0DX pedestrian access gates on Eaves Lane, provision of new 1.8m high fencing along southerly boundary and safety barrier on corner

09/00002/FUL Permit Full Planning Withnell House Rest Home Bury Application for variation of Permission Lane Withnell Chorley PR6 8BH condition 3 of planning permission 08/00872/FUL to extend the hours of illumination of the lighting columns to between 3.30pm to 10.30pm during October to March.

09/00009/CTY No objection to LCC Clayton Hall Sand Quarry The generation of electricity from Reg 3/4 Application Dawson Lane Whittle-Le-Woods landfill gas including erection of a landfill gas generator, gas flare plant, switch/meter room and ancillary offices and stores, Agenda Page 158

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Report of Meeting Date Corporate Director (Business) Development Control Committee 10.03.2009

PLANNING APPLICATIONS DECIDED BY THE CORPORATE DIRECTOR (BUSINESS), THE CHAIR AND VICE-CHAIR OF THE COMMITTEE ON 10 FEBRUARY 2009

Application Recommendation Location Proposal No.

08/01202/FUL Permit Full Planning Boatyard, Rawlinson Lane, Removal of condition No 5 of Permission Heath Charnock, Chorley planning permission PR7 4DE 96/00206/COU to allow dwelling to be occupied without being linked to the boat yard, formation of domestic curtilage and erection of garage for domestic and business use Agenda Page 160

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Report of Meeting Date Corporate Director (Business) Development Control Committee 03.03.2009

PLANNING APPLICATIONS DECIDED BY THE CORPORATE DIRECTOR (BUSINESS), THE CHAIR AND VICE-CHAIR OF THE COMMITTEE ON 18th February 2009

Application Recommendation Location Proposal No. 08/01255/FUL Permit (Subject to 105 Preston Road Whittle-Le- Erection of a detached chalet Legal Agreement) Woods Chorley PR6 7PJ bungalow in rear garden

09/00042/FUL Refuse Full 605 Preston Road Clayton-Le- Amendement to previously Planning Permission Woods Chorley PR6 7EB approved layout (08/00203/FULMAJ) and erection of 7 No detached houses/infrastructure on adjacent plot Agenda Page 162

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Report of Meeting Date

Corporate Director (Business) Development Control Committee 03/03/2009

List of Applications Determined by the Corporate Director (Business) Under Delegated Powers

Between 22 January and 12 February 2009

Plan Ref 08/01020/COU Date Received 22.09.2008 Decision Refuse Full Planning Permission Ward: Chorley South Date Decided 26.01.2009 East

Proposal : Change of use from A1 Retail to A5 Hotfood Takaway and provision of external flue to rear Location : 8 High Street Chorley PR7 1DN Applicant: Mr N V Nalbandh Treckgate LTD

Plan Ref 08/01080/FUL Date Received 15.10.2008 Decision Permit Full Planning Permission Ward: Brindle And Date Decided 04.02.2009 Hoghton

Proposal : The development proposal requires the demolition of an existing single storey scout hut and the erection of a new purpose built single storey straw bale building with green roof and rendered walls with new dedicated car parking all within the current location of the existing site Location : Scout Hut Blackburn Old Road Hoghton Applicant: Mr James Lucas Groupr Scout Leader 4 Manor Close Hoghton Lancashire PR5 0EN England

Continued.... Agenda Page 164 Agenda Item 9

Plan Ref 08/01102/FUL Date Received 24.10.2008 Decision Permit Full Planning Permission Ward: Brindle And Date Decided 22.01.2009 Hoghton

Proposal : Widening and upgrading of existing vehicular access including new gates and gate posts, new timber fence to the south eastern access boundary Location : Horrobin Farm Bolton Road Hoghton Preston Lancashire Applicant: Mr Alex Hartley Westfield Tree Services Ltd Horrobin Farm Bolton Road Hoghton Preston Lancashire PR5 0SP

Plan Ref 08/01123/TPO Date Received 03.11.2008 Decision Consent for Tree Works Ward: Eccleston And Date Decided 03.02.2009 Mawdesley

Proposal : Felling and pruning of trees in the garden of Ashburn, Woodhart Lane, Eccleston Location : Ashburn Woodhart Lane Eccleston Chorley PR7 5TB Applicant: Mr Martin Lunt Ashburn Woodhart Lane Eccleston Chorley PR7 5TB

Plan Ref 08/01153/FUL Date Received 17.11.2008 Decision Permit Full Planning Permission Ward: Chorley South Date Decided 10.02.2009 East

Proposal : 3 storage units and retrospective application for 3 existing storage units adjacent to those proposed resulting in a total of 6 storage units Location : Holy Cross R C High School Burgh Lane Chorley PR7 3NT Applicant: School Governors Holy Cross R C High School Burgh Lane Chorley PR7 3NT

Plan Ref 08/01161/FUL Date Received 18.11.2008 Decision Refuse Full Planning Permission Ward: Wheelton And Date Decided 22.01.2009 Withnell

Proposal : Rear single storey extension, side extension to garage and porch Location : 8 Cherry Grove Abbey Village Chorley PR6 8DJ Applicant: Mr Michael Matulewicz 8 Cherry Grove Abbey Village Chorley PR6 8DJ

Plan Ref 08/01160/FUL Date Received 20.11.2008 Decision Permit Full Planning Permission Ward: Chorley North Date Decided 04.02.2009 East

Proposal : Re-siting of vehicle and pedestrian access gates on Eaves Lane, provision of new 1.8m high fencing along southerly boundary and safety barrier on corner Location : St Peters C Of E Junior School Eaves Lane Chorley PR6 0DX Applicant: Mrs Helen Wright St Peter's CE Primary School Eaves Lane Chorley PR6 0DX UK Agenda Page 165 Agenda Item 9

Plan Ref 08/01172/FUL Date Received 24.11.2008 Decision Permit Full Planning Permission Ward: Date Decided 02.02.2009

Proposal : Widening of existing footpath to 3m to create shared footpath / cycle path. Location : Land 25m West Of 6 Cowslip Way Chorley Applicant: Lancashire County Council - Highways Consultancy Winckley House Cross Street Preston PR1 8RD

Plan Ref 08/01174/FUL Date Received 25.11.2008 Decision Permit Full Planning Permission Ward: Heath Charnock Date Decided 23.01.2009 And Rivington

Proposal : Conversion of outbuilding into physiotherapy treatment suite, and raising of roof and external alterations. Location : A6 Physiotherapy And Sports Clinic Bell Reno Bolton Road Heath Charnock Chorley Applicant: Mr Denis Durnian A6 Physiotherapy And Sports Clinic Bell Reno Bolton Road Heath Charnock Chorley PR7 4AZ

Plan Ref 08/01175/ADV Date Received 26.11.2008 Decision Advertising Consent Ward: Chorley East Date Decided 09.02.2009

Proposal : Retrospective application for the retention of a non illuminated sign board Location : Land South Of 113 Bolton Street Chorley Lancashire Applicant: Chorley Community Housing 24-26 Gillibrand Stree Chorley PR7 2EJ

Plan Ref 08/01176/TPO Date Received 26.11.2008 Decision Refuse for Tree Works Ward: Heath Charnock Date Decided 03.02.2009 And Rivington

Proposal : Application to prune 2 and fell 3 trees at The Roundhouse, Rawlinson Lane, Heath Charnock. Location : The Round House 81 Rawlinson Lane Heath Charnock Chorley PR7 4DE Applicant: Mr Michael J Halloran The Round House 81 Rawlinson Lane Heath Charnock Chorley PR7 4DE

Plan Ref 08/01177/TPO Date Received 26.11.2008 Decision Consent for Tree Works Ward: Chorley South Date Decided 22.01.2009 East

Proposal : Prune 8 trees and fell 1 at the rear of 23 The Bowers, Chorley Location : 23 The Bowers Chorley PR7 3LA Applicant: Mr Darren Checkley 23 The Bowers Chorley PR7 3LA Agenda Page 166 Agenda Item 9

Plan Ref 08/01178/COU Date Received 26.11.2008 Decision Permit Full Planning Permission Ward: Coppull Date Decided 11.02.2009

Proposal : Application for change of use of building from post office with office above, to office at ground floor & part domestic use at first floor (domestic use to be incorporated into no. 120). Erection of external covered staircase to link offices, removal of shopfront, external alterations enclosure of forecourt & landscaping. Location : Chapel Lane Post Office 118 - 120 Chapel Lane Coppull Chorley PR7 4PN Applicant: Mr Henry Bell Tenire Ltd 120 Chapel Lane Coppull Chorley PR7 4PN

Plan Ref 08/01179/ADV Date Received 26.11.2008 Decision Refuse advertising consent Ward: Date Decided 09.02.2009

Proposal : Erection of a non-illuminated sign board mounted on metal posts Location : Land North Of 14 Derwent Road Chorley Applicant: Chorley Community Housing Chorley Community Housing 24 - 26 Gillibrand Street Chorley Lancashire PR7 2EL

Plan Ref 08/01180/FUL Date Received 26.11.2008 Decision Refuse Full Planning Permission Ward: Clayton-le-Woods Date Decided 30.01.2009 And Whittle-le- Woods

Proposal : First floor side extension with pitched roof over existing attached garage Location : 22 Langdale Grove Whittle-Le-Woods Chorley PR6 7NU Applicant: Mr David Hull 22 Langdale Grove Whittle-Le-Woods Chorley PR6 7NU

Plan Ref 08/01183/FUL Date Received 26.11.2008 Decision Permit Full Planning Permission Ward: Clayton-le-Woods Date Decided 22.01.2009 And Whittle-le- Woods

Proposal : Two storey rear extension Location : 24 Derek Road Whittle-Le-Woods Chorley PR6 7LZ Applicant: Mr Carrington 24 Derek Rd Whittle le woods Chorley PR6 7LZ

Plan Ref 08/01184/FUL Date Received 26.11.2008 Decision Permit retrospecti ve planning permission Ward: Chisnall Date Decided 29.01.2009

Proposal : Retrospective application for the erection of a stable block Location : 334 Wood Lane Heskin Lancashire PR7 5NT Applicant: Mr Ronnie Wilson 334 Wood Lane Heskin Lancashire PR7 5NT Agenda Page 167 Agenda Item 9

Plan Ref 08/01186/FUL Date Received 27.11.2008 Decision Refuse Full Planning Permission Ward: Chorley South Date Decided 30.01.2009 West

Proposal : Demolition of garage and erection of a two storey side and rear extension Location : 22 Cottage Fields Chorley PR7 3QE Applicant: Mr Nigel Lloyd 22 Cottage Fields Chorley PR7 3QE

Plan Ref 08/01193/FUL Date Received 28.11.2008 Decision Refuse Full Planning Permission Ward: Pennine Date Decided 23.01.2009

Proposal : Part retrospective application for the erection of a first floor side extension and formation of a first floor rear extension Location : Little Knowley Farm 19 Blackburn Road Whittle-Le-Woods Chorley PR6 8LD Applicant: Mr Lee Bootle 19 Blackburn Road Whittle-Le-Woods Chorley PR6 8LD

Plan Ref 08/01198/FUL Date Received 01.12.2008 Decision Permit Full Planning Permission Ward: Clayton-le-Woods Date Decided 26.01.2009 North

Proposal : Rear conservatory Location : 11 Briery Hey Bamber Bridge Preston PR5 8HU Applicant: Mr J Mitchell 11 Briery Hey Bamber Bridge Preston PR5 8HU

Plan Ref 08/01199/FUL Date Received 02.12.2008 Decision Permit Full Planning Permission Ward: Adlington & Date Decided 11.02.2009 Anderton

Proposal : Provision of a disabled access ramp and external alterations to the south elevation Location : St Pauls C Of E School Railway Road Adlington Chorley PR6 9QZ Applicant: Mrs Barbra O'Donnell St Pauls C Of E School Railway Road Adlington Chorley

Plan Ref 08/01201/FUL Date Received 02.12.2008 Decision Refuse Full Planning Permission Ward: Euxton South Date Decided 03.02.2009

Proposal : Lean to extension to existing agricultural building Location : Rosehill Farm Dean Hall Lane Euxton Chorley Lancashire Applicant: Mr John Ashcroft Rose Hill Farm Dean Hall Lane Euxton Chorley PR7 6ER Agenda Page 168 Agenda Item 9

Plan Ref 08/01202/FUL Date Received 02.12.2008 Decision Permit Full Planning Permission Ward: Heath Charnock Date Decided 10.02.2009 And Rivington

Proposal : Removal of condition No 5 of planning permission 96/00206/COU to allow dwelling to be occupied without being linked to the boat yard, formation of domestic curtilage and erection of garage for domestic and business use Location : Boatyard Rawlinson Lane Heath Charnock Chorley PR7 4DE Applicant: Mr Clutton The Boatyard Rawlinson Lane Heath Charnock Chorley Lancs PR7 4DE

Plan Ref 08/01203/FUL Date Received 02.12.2008 Decision Permit Full Planning Permission Ward: Coppull Date Decided 30.01.2009

Proposal : Proposed new carport Location : 23 Springfield Road Coppull Chorley PR7 5EJ Applicant: Mr P Welch 23 Springfield Road Coppull Chorley PR7 5EJ

Plan Ref 08/01207/FUL Date Received 03.12.2008 Decision Permit Full Planning Permission Ward: Astley And Date Decided 23.01.2009 Buckshaw

Proposal : Construction of a gabion retaining wall Location : Former Royal Ordnance Site Euxton Lane Euxton Lancashire Applicant: BAE Systems C/o Agent

Plan Ref 08/01210/FUL Date Received 04.12.2008 Decision Permit Full Planning Permission Ward: Eccleston And Date Decided 23.01.2009 Mawdesley

Proposal : Conversion of existing garage to granny annexe including raising of roof & external alterations. Location : Fell View Southport Road Eccleston Chorley Lancashire Applicant: Mrs J Porter Fell View Southport Road Eccleston Chorley Lancashire PR7 6ET England Agenda Page 169 Agenda Item 9

Plan Ref 08/01213/REM Date Received 05.12.2008 Decision Approve Reserved Matters Ward: Astley And Date Decided 29.01.2009 Buckshaw

Proposal : Erection of one additional dwelling and amendments to the site layout. (amendment to parcel A1 previously approved under application 07/00876/REM) Location : Parcel A1 Central Avenue Buckshaw Village Lancashire Applicant: Mr James Sergeant Redrow Homes (North) 14 Redrow House Eaton Avenue Matrix Office Park Buckshaw Village Chorley PR7 7NA

Plan Ref 08/01214/FUL Date Received 05.12.2008 Decision Permit Full Planning Permission Ward: Clayton-le-Woods Date Decided 29.01.2009 West And Cuerden

Proposal : Proposed rear conservatory Location : 7 Lune Drive Clayton-Le-Woods Leyland PR25 5SX Applicant: Mr James M Fargione 7 Lune Drive Clayton-Le-Woods Leyland PR25 5SX

Plan Ref 08/01216/FUL Date Received 08.12.2008 Decision Permit Full Planning Permission Ward: Clayton-le-Woods Date Decided 30.01.2009 And Whittle-le- Woods

Proposal : Proposed single storey rear extension Location : 1 Yorkshire Close Buckshaw Village Chorley Lancashire PR7 7BS Applicant: Mr John Loughlin 1 Yorkshire Close Buckshaw Village Chorley Lancashire PR7 7BS

Plan Ref 08/01217/FUL Date Received 09.12.2008 Decision Permit Full Planning Permission Ward: Eccleston And Date Decided 10.02.2009 Mawdesley

Proposal : Extension of craft workshop to provide display area Location : Cedar House Farm Back Lane Mawdesley Applicant: Mr Peter Baillie Cedar House Farm Back Lane Mawdesley Agenda Page 170 Agenda Item 9

Plan Ref 08/01219/FUL Date Received 09.12.2008 Decision Refuse Full Planning Permission Ward: Clayton-le-Woods Date Decided 03.02.2009 North

Proposal : Proposed garage and first floor side extension Location : 31 Pear Tree Road Clayton-Le-Woods Chorley Lancashire PR6 7JP Applicant: Mr & Mrs R Cairns 31 Pear Tree Road Clayton-Le-Woods Chorley Lancashire PR6 7JP

Plan Ref 08/01220/FUL Date Received 09.12.2008 Decision Permit Full Planning Permission Ward: Coppull Date Decided 03.02.2009

Proposal : Erection of an agricultural general storage building Location : Highfield Farm Jolly Tar Lane Coppull Chorley PR7 4BJ Applicant: Mr David Armstrong Highfield Farm Jolly Tar Lane Coppull Chorley PR7 4BJ

Plan Ref 08/01221/TCON Date Received 09.12.2008 Decision Application Withdrawn Ward: Lostock Date Decided 04.02.2009

Proposal : Felling of one Rowan tree Location : Village Green Town Road Croston Applicant: Mr Alan Platt Croston Parish Council 9 Ambleside Avenue Euxton Chorley PR7 6NX

Plan Ref 08/01222/FUL Date Received 09.12.2008 Decision Permit Full Planning Permission Ward: Coppull Date Decided 10.02.2009

Proposal : Amendment to existing approved development (ref: 07/01288/FUL) raising roof height - retrospective Location : 13 Lancaster Street Coppull Chorley PR7 4QB Applicant: Mr Paul Bolton 13 Lancaster Street Coppull Chorley PR7 4QB

Plan Ref 08/01223/FUL Date Received 10.12.2008 Decision Permit Full Planning Permission Ward: Chisnall Date Decided 03.02.2009

Proposal : Erection of a single storey kitchen extension Location : Lynwood Grange Farm Preston Road Coppull Lancashire Applicant: Mr John Smith Lynwood Grange Farm Preston Road Coppull Lancashire PR7 5HY Agenda Page 171 Agenda Item 9

Plan Ref 08/01224/LBC Date Received 10.12.2008 Decision Grant Listed Building Consent Ward: Chisnall Date Decided 03.02.2009

Proposal : Listed Building Consent for the erection of a single storey kitchen extension Location : Lynwood Grange Farm Preston Road Coppull Lancashire Applicant: Mr John Smith Lynwood Grange Farm Preston Road Coppull Lancashire PR7 5HY

Plan Ref 08/01225/FUL Date Received 12.12.2008 Decision Permit Full Planning Permission Ward: Euxton North Date Decided 06.02.2009

Proposal : Proposed single storey rear conservatory Location : 10 Meadowcroft Euxton Chorley PR7 6BU Applicant: Mr And Mrs Wasilewski 10 Meadowcroft Euxton Chorley PR7 6BU

Plan Ref 08/01226/FUL Date Received 12.12.2008 Decision Permit Full Planning Permission Ward: Euxton North Date Decided 06.02.2009

Proposal : Various extensions, alterations and re-modelling of property Location : Woodcock Barn Runshaw Lane Euxton Chorley PR7 6HB Applicant: Mr Mike Catterall Woodcock Barn Runshaw Lane Euxton Chorley PR7 6HB

Plan Ref 08/01228/FUL Date Received 15.12.2008 Decision Permit Full Planning Permission Ward: Chorley South Date Decided 09.02.2009 East

Proposal : Demolition of attached garage, and erection of two storey side extension, two front dormers and a bay window on the front Location : Arboris Woodside Chorley PR7 4AE Applicant: Mr Paul Kershaw Arboris Woodside Chorley PR7 4AE

Plan Ref 08/01229/FUL Date Received 15.12.2008 Decision Permit Full Planning Permission Ward: Clayton-le-Woods Date Decided 09.02.2009 And Whittle-le- Woods

Proposal : Erection of a Rear Conservatory Location : 11 Foxglove Drive Whittle-Le-Woods Chorley PR6 7SG Applicant: Mr Monaghan 11 Foxglove Drive Whittle-Le-Woods Chorley PR6 7SG Agenda Page 172 Agenda Item 9

Plan Ref 08/01230/FUL Date Received 15.12.2008 Decision Permit Full Planning Permission Ward: Chisnall Date Decided 09.02.2009

Proposal : Erection of detached garage Location : Rose Cottage Coppull Moor Lane Coppull Chorley PR7 5JA Applicant: Mr Russell Morris Rose Cottage Coppull Moor Lane Coppull Chorley PR7 5JA

Plan Ref 08/01231/FUL Date Received 16.12.2008 Decision Refuse Full Planning Permission Ward: Heath Charnock Date Decided 09.02.2009 And Rivington

Proposal : Erection of storage building for land maintenance, feed and livestock Location : Land 65m East Of Oakdene 16 Long Lane Heath Charnock Applicant: Mr Ian Barlow Oakdene Long Lane Heath Charnock Chorley Lancs

Plan Ref 08/01234/FUL Date Received 17.12.2008 Decision Refuse Full Planning Permission Ward: Heath Charnock Date Decided 09.02.2009 And Rivington

Proposal : Erection of a two storey side and rear extension including accommodation at basement level. Erection of a single storey rear extension including balcony Location : 76 Rawlinson Lane Heath Charnock Chorley PR7 4DE Applicant: Mr Robert Derbyshire 76 Rawlinson Lane Heath Charnock Chorley PR7 4DE

Plan Ref 08/01236/FUL Date Received 17.12.2008 Decision Permit Full Planning Permission Ward: Eccleston And Date Decided 11.02.2009 Mawdesley

Proposal : Proposed single storey extension to side and rear Location : Winter View Farm Parr Lane Eccleston Chorley PR7 5RP Applicant: Mrs Eileen Wade Winter View Farm Parr Lane Eccleston Chorley PR7 5RP

Plan Ref 08/01239/ADV Date Received 18.12.2008 Decision Refuse advertising consent Ward: Chorley East Date Decided 09.02.2009

Proposal : Retrospective application for the erection of 2.No internally illuminated, free standing, single sided, advertisement units Location : 291 Eaves Lane Chorley PR6 0DR Applicant: Miss Helen Groth Primesight Ltd Charlotte House 14 Windmill Street London W1T 2DY Agenda Page 173 Agenda Item 9

Plan Ref 08/01240/FUL Date Received 18.12.2008 Decision Permit Full Planning Permission Ward: Clayton-le-Woods Date Decided 11.02.2009 And Whittle-le- Woods

Proposal : Erection of a two storey rear extension Location : 6 Shaw Brow Whittle-Le-Woods Chorley PR6 7LE Applicant: Mr Tim Webster 6 Shaw Brow Whittle-le-Woods Chorley Lancashire PR6 7LE

Plan Ref 08/01247/FUL Date Received 18.12.2008 Decision Refuse Full Planning Permission Ward: Chisnall Date Decided 12.02.2009

Proposal : Erection of a first floor extension over part of existing bungalow Location : Briarwood Coppull Moor Lane Coppull Chorley PR7 5JA Applicant: Mr David Hilton Briarwood Coppull Moor Lane Coppull Chorley PR7 5JA

Plan Ref 08/01248/REM Date Received 18.12.2008 Decision Approve Reserved Matters Ward: Lostock Date Decided 09.02.2009

Proposal : Reserved Matters Application for relocation / replacement of existing dwelling including appearance, landscaping, layout and scale (Outline Permission Ref: 05/01003/OUT), Location : Wyevale Garden Centre 338 Southport Road Ulnes Walton PR26 8LQ Applicant: Wyevale Garden Centres Cressing Road Braintree Essex CM77 8DH

Plan Ref 08/01254/FUL Date Received 22.12.2008 Decision Permit Full Planning Permission Ward: Clayton-le-Woods Date Decided 11.02.2009 West And Cuerden

Proposal : Rear extension incorporating room in the roof and an extension to existing dormer to side. Location : 100 Lancaster Lane Clayton-Le-Woods Leyland PR25 5SP Applicant: Mr Dave French 100 Lancaster Lane Clayton-Le-Woods Leyland PR25 5SP

Plan Ref 08/01261/FUL Date Received 23.12.2008 Decision Permit Full Planning Permission Ward: Clayton-le-Woods Date Decided 11.02.2009 And Whittle-le- Woods

Proposal : First floor extension and alterations to ground floor of existing house, Location : 1 Bearswood Croft Clayton-Le-Woods Chorley PR6 7SJ Applicant: Mr J Dunstan 1 Bearswood Croft Clayton-Le-Woods Chorley PR6 7SJ Agenda Page 174 Agenda Item 9

Plan Ref 09/00002/FUL Date Received 05.01.2009 Decision Permit Full Planning Permission Ward: Brindle And Date Decided 04.02.2009 Hoghton

Proposal : Application for variation of condition 3 of planning permission 08/00872/FUL to extend the hours of illumination of the lighting columns to between 3.30pm to 10.30pm during October to March. Location : Withnell House Rest Home Bury Lane Withnell Chorley PR6 8BH Applicant: Mr N Astley Lynwood Bury Fold Lane Darwen Lancashire BB3 2QG

Plan Ref 09/00009/CTY Date Received 08.01.2009 Decision No objection to LCC Reg 3/4 Application Ward: Clayton-le-Woods Date Decided 04.02.2009 West And Cuerden

Proposal : The generation of electricity from landfill gas including erection of a landfill gas generator, gas flare plant, switch/meter room and ancillary offices and stores, Location : Clayton Hall Sand Quarry Dawson Lane Whittle-Le-Woods Applicant: Quercia Ltd Head Office Aspinall House Walker Office Park Walker Road Blackburn BB1 2QE

Plan Ref 09/00082/DIS Date Received 05.02.2009 Decision Condition(s) discharged Ward: Astley And Date Decided 05.02.2009 Buckshaw

Proposal : Discharge of condition 13 of Listed Building Consent ref. 06/00450/LBC Location : Buckshaw Hall Central Avenue Buckshaw Village Lancashire PR7 7BH Applicant: Donald Insall Associates Bridgegate House 5 Bridge Place Chester CH1 1SA