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1552- Aengineering and PLANNING COMMITTEE Held 17Th

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1552- Aengineering and PLANNING COMMITTEE Held 17Th -1552- aENGINEERING AND PLANNING COMMITTEE held 17th January, 2000 at 7.00 p.m. PRESENT: Councillor Pilling (in the Chair) Councillors Challinor, Cruise, Driver, Easton, Grogan, Hancock, P. Hayler, Lee, Neal and Pearson APOLOGIES: SECTION 'A' - FUNCTIONS NOT DELEGATED Minutes 863. Resolved that the Minutes of the meeting of the Committee held on 13th December, 1999 be signed by the Chair as a correct record. SECTION 'B' - FUNCTIONS DELEGATED Planning Appeal Decisions 863. The Borough Engineer and Planning Officer reported on the results of planning appeals since his last report to the Committee. Application Number 14/99/64 Change of use from retail shop to office 30 Bank Street, Rawtenstall (Informal Hearing) Apeal upheld - planning permission granted subject to the following conditions:- i) The development hereby permitted shall be begun before the expiration of five years from the date of this decision. ii) The premises shall be used for a betting office only and for no other purpose (including any other purpose in Class A2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). A Member pointed out that it was normal practice for the Inspector's decision letter to be circulated with the Agenda for the meeting but this had not occurred on this occasion. The Borough Engineer and Planning Officer indicated that it would be possible to continue to circulate Inspector's decision letter on future occasions. Resolved that the report be noted. Guided Walks Summer Programme 1999/2000 863. The Borough Engineer and Planning Officer submitted a detailed report on the success of the Guided Walks Summer Programme. He advised the Committee that the Programme was a joint venture with Groundwork Rossendale and walks were organised by Groundwork and led by twelve volunteers. He submitted details of attendance figures for each of the 24 walks and pointed out that these were the best attendances for five years. -1553- Resolved i) that the report be noted ii) that the thanks of the Committee be conveyed to the organisers and leaders of the walks for their valuable contribution. Derelict Land Reclamation Thurns Head, Whitworth and Lee Quarry, Bacup 863. The Borough Engineer and Planning Officer reported that a preliminary start on Quarry Reclamation Work at Thurns Head Quarry had been made on 10th January and was programmed for completion in April, 2000. He also reported that Lancashire County Council had obtained Tender Approval for Lee Quarry Reclamation from the North West Development Agency and work was expected to start in January, 2000 with completion programmed for November, 2000. The Borough Engineer and Planning Officer advised the Committee that completion of reclamation work on these two projects would reduce the Borough's stock of derelict land by 65 hectares. Resolved that the report be noted. Ombudsman Complaint 863. The Borough Engineer and Planning Officer reported on the results of a complaint by Mr. N. D. Birtwell of 5 Acre Close, Edenfield. The complaint related to the inaction by the Council in taking steps to require the enforcement of planning conditions in respect of trees within a development which were protected also by a Tree Preservation Order. The Ombudsman found maladministration but no injustice since conclusive evidence was produced by the Council which indicated that the trees in question had become diseased or were dying and it was therefore necessary for them to be felled. The Borough Engineer and Planning Officer reported that arising out of the decision of the Ombudsman in this case, it was necessary to review the Council's procedures in respect of the making of Tree Preservation Orders and, more significantly, the enforcement of planning conditions. He suggested that so far as the making of Tree Preservation Orders was concerned, it would be necessary to review the Landscaping Supplementary Planning Guidance to include a policy requiring developers to provide a detailed independent arboriculturist's report upon the condition of trees, worthy of protection on landscape areas which were likely to be affected by development. The question of giving priority to proactive compliance/enforcement activity had been highlighted in his report on Best Value and he reminded Members that this was largely a question of resources. The Committee discussed the matter. Resolved i) that the Landscaping Supplementary Planning Guidance be revised to require developers to provide detailed independent arboricultural surveys of protected trees likely to be affected by development. ii) that a proportion of the time of the existing Enforcement Officer post be regularly and systematically allocated to proactive enforcement activity. -1554- iii) that the wider issue of resource availability/allocation for enforcement activity be addressed as an integral part of the Best Value Review of the Development Control Process including consideration of the desirability of preparing and publishing a formal statement of the Council's policy on enforcing planning control. Minerals and Waste Local Plan - Inspectors Report 863. The Borough Engineer and Planning Officer submitted a comprehensive report on the Inspectors Report of the Inquiry into objections to the Lancashire Minerals and Waste Local Plan, particularly so far as it affected Rossendale. The Borough Engineer and Planning Officer reminded the Committee that the Council had objected to three mineral policies in the hope that certain loop holes might be closed; the Inspector had not recommended any changes to the policies but recommended some changes in the supplementary text to reflect and meet the concerns expressed by the Council. In respect of waste disposal issues, the Inspector supported the plan and did not support any proposals for new Land Fill Sites in Rossendale but he did qualify this support by indicating that it would not be appropriate for the plan to preclude all further waste disposal in Rossendale or prevent the use of old quarries for land filling waste as a general policy. The Inspector rejected proposed land fill sites in Rossendale at Scout Moor, Edenfield, Jamestone, Haslingden and Landgate, Whitworth. The Borough Engineer and Planning Officer reported that the Inspector accepted that the proposed new access to Whitworth Quarries across the Facit Employment Site should be identified and safeguarded although he considered that this was justified purely for the existing mineral permission and should not imply any commitment to any increased activity or further development at the quarry which would require a separate planning permission. The Borough Engineer and Planning Officer suggested that the statement by the Inspector to the effect that there was little evidence that the new road would discourage the development of the site was incorrect and it would therefore be necessary to raise the issue with the County Council. Resolved i) that the Inspector's report be noted and that a report be presented to the Committee on the decisions of the Lancashire County Council on the Inspectors recommendations once the County Council has considered the Inspector's report. ii) that an Officer level meeting with Lancashire County Council be arranged as soon as possible, in advance of any formal proposals to modify/adopt the plan, to discuss the issues relating to the Facit Employment Site. Building Control Fees 863. The Borough Engineer and Planning Officer reminded the Committee that the Council had adopted the Scheme of Charges for Building Regulation Work which came into force on 1st April, 1999 which contained fees at a level within the guidelines issued by the Local Government Association. It was now necessary to consider the fees to be introduced with effect from 1st April and the Local Government Association had indicated that increases should be contained within a 10% variation. -1555- The Borough Engineer and Planning Officer reported that in order to maintain income at a level whereby the costs of Building Control were met by fee income, it would be necessary to agree an overall increase of 5% and he suggested that if the Committee agree to such an increase in principle, it would be possible for the detail to be agreed by the Engineering and Planning Sub-Committee for implementation on 1st April. Resolved i) that the report be noted ii) that an increase of 5% in the scale of charges to all three Schedules within the Scheme of Charges for Building Regulation work be approved. iii) that the Engineering and Planning Sub-Committee be given delegated authority to approve the revised Scheme of Charges for Building Regulation Work to take effect from 1st April, 2000. Use of Landfill Tax Monies in Bacup 863. The Borough Engineer and Planning Officer reported that the Bacup Town Centre Sub-Committee had sought information on the allocation of Landfill Tax Monies for schemes in and around the town centre which had been earmarked for treatment from this source of funding. He indicated that the funding was to be allocated by Caird (formerly Ford Quarry) and that an initial allocation had been made for projects in Rossendale including the Lumb Millennium Green, an arts based scheme at Whitewell Bottom Youth Centre and Spurgeon's (Bacup). Money was allocated on the basis of applications made by Rossendale Groundwork Trust and at the present time both the Trust and the Chief Executive Officer had been unable to determine from Cairds, the intentions of the Company in respect of the Bacup schemes. The Committee discussed the matter in detail. Resolved i) that the report be noted ii) that the Borough Engineer and Planning Officer be requested as a matter of urgency, to arrange for a response to be sought from Cairds for information on their proposals for the allocation of Landfill Tax Monies, particularly in respect of the Bacup Town Centre Schemes.
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