Planning Committee - 14 August 2007

Minutes of the Planning Committee meeting, 14 August 2007.

Present at the meeting

Councillor J A O'Neill (Chairman)
Councillor Mrs A Bennett (Vice Chairman)
Councillor Mrs J Beswick
Councillor B Bowen
Councillor N A Bradbury
Councillor W Carney
Doctor Councillor C M Cottam
Councillor J F Davies
Councillor G A Fairhurst
Councillor J Hilton
Councillor Mrs B Jarvis
Councillor A Robinson

21. Apologies for absence: Councillor J D Hodgkinson.

22. Minutes: The minutes of the meeting of this Committee held on 17 July 2007 were approved as a correct record.

Items not subject to confirmation by the Council

23. Planning appeals: The Committee considered a report setting out the following appeals that had been lodged since 7 June 2007. The total number of appeals received to date during 2007 was 29.

Application No and date appeal lodged	Development, location, ward and appellant	Officer's recommendation	Decision of Committee and method of dealing with appeal
A/06/67597 25/06/2007	To erect detached bungalow (outline application, all matters reserved except access). Land to west of 29 - 37 Lower Green Lane, Tyldesley (Astley Mosley Common) Mr & Mrs Koppens	Refuse	Refused Public inquiry
A/06/67713 5/07/2007	Erection of detached dormer bungalow along with new access and erection double detached garage. Adjacent 228 Tyldesley Road, Atherton (Atherton) D Smallman	Refuse	Refused Informal hearing
A/06/67839 14/06/2007	Conversion of existing double garage into two storey side extension, linking to existing house following demolition of conservatory to side (Re‑submission of A/06/67330) 36 Burley Crescent , Winstanley (Winstanley) Mr & Mrs Jones	Refuse	Refused Written representation
A/07/68095 7/06/2007	To retain use of building for the retail of tiles and ancillary sales. (retrospective application) Pennies For Tiles, Unit 7 Link 25 Business Park, Wigan Road, Ashton-In-Makerfield (Bryn) Armstrongs Investment Properties Limited	Refuse	Refused Written representation
A/07/68569 21/06/2007	Outline application: To erect dwellinghouse on land to be severed from garden curtilage of 29 Millers Lane. (All matters reserved). 29 Millers Lane , Atherton (Atherleigh) Mrs P M Jones	Refuse	Refused Written representation
A/07/68715 26/06/2007	To erect detached dwelling and vehicle access. Land at 1 Warlow Drive, Leigh (Leigh West) Mr Evans	Refuse	Refused Written Representation
ADV/07/5219 7/06/2007	To display double sided internally illuminated free standing sign. Tesco Express, 672 Atherton Road, Hindley (Hindley Green) Miss Sophie Powderley	Refuse	Refused Written representation

Application No and date appeal lodged

Development, location, ward and appellant

Officer's recommendation

Decision of Committee and method of dealing with appeal

A/06/67597

25/06/2007

To erect detached bungalow (outline application, all matters reserved except access).

Land to west of 29 - 37 Lower Green Lane, Tyldesley (Astley Mosley Common)

Mr & Mrs Koppens

Refuse

Refused

Public inquiry

A/06/67713

5/07/2007

Erection of detached dormer bungalow along with new access and erection double detached garage.

Adjacent 228 Tyldesley Road, Atherton (Atherton)

D Smallman

Refuse

Refused

Informal hearing

A/06/67839

14/06/2007

Conversion of existing double garage into two storey side extension, linking to existing house following demolition of conservatory to side (Re‑submission of A/06/67330)

36 Burley Crescent , Winstanley (Winstanley)

Mr & Mrs Jones

Refuse

Refused

Written representation

A/07/68095

7/06/2007

To retain use of building for the retail of tiles and ancillary sales. (retrospective application)

Pennies For Tiles, Unit 7 Link 25 Business Park, Wigan Road, Ashton-In-Makerfield (Bryn)

Armstrongs Investment Properties Limited

Refuse

Refused

Written representation

A/07/68569

21/06/2007

Outline application: To erect dwellinghouse on land to be severed from garden curtilage of 29 Millers Lane. (All matters reserved).

29 Millers Lane , Atherton

(Atherleigh)

Mrs P M Jones

Refuse

Refused

Written representation

A/07/68715

26/06/2007

To erect detached dwelling and vehicle access.

Land at 1 Warlow Drive, Leigh (Leigh West)

Mr Evans

Refuse

Refused

Written Representation

ADV/07/5219

7/06/2007

To display double sided internally illuminated free standing sign.

Tesco Express, 672 Atherton Road, Hindley (Hindley Green)

Miss Sophie Powderley

Refuse

Refused

Written representation

Planning enforcement appeals lodged

Application No. and date appeal Lodged	Development, location, ward and appellant	Method of dealing with Appeal
07/00201/ENG 7/06/2007	Appeal against enforcement notice Astleys Farm House, Pendlebury Lane, Haigh ( Aspull New Springs Whelley) David George Thompson	Written representation

Application No. and date appeal Lodged

Development, location, ward and appellant

Method of dealing with Appeal

07/00201/ENG

7/06/2007

Appeal against enforcement notice

Astleys Farm House, Pendlebury Lane, Haigh

( Aspull New Springs Whelley)

David George Thompson

Written representation

Notifications had been received from the Department of Communities and Local Government that the under-mentioned appeals had been determined as follows:-

Appeals dismissed

Application no.	Development, location, ward and appellant	Officer's recommendation	Decision of Committee
A/06/66666	To retain use of vacant land as an extension to garden curtilage together with erection of 2m high boundary wall . Land a djacent 32 Mansart Close, Ashton-In-Makerfield ( Ashton) I Klieve	Refuse	Refused
ADV/07/5191	To retain 4 non-illuminated advertising banner signs. (retrospective application). Amberswood Motors, Jackson Street, Ince ( Ince) E Libertini	Refuse	Refused
H/05/00003	High hedges 316 Westleigh Lane , Leigh ( Leigh West) J E Gregson	Remedial notice issued	Remedial notice issued

Application no.

Development, location, ward and appellant

Officer's recommendation

Decision of Committee

A/06/66666

To retain use of vacant land as an extension to garden curtilage together with erection of 2m high boundary wall .

Land a djacent 32 Mansart Close, Ashton-In-Makerfield

( Ashton)

I Klieve

Refuse

Refused

ADV/07/5191

To retain 4 non-illuminated advertising banner signs. (retrospective application).

Amberswood Motors, Jackson Street, Ince

( Ince)

E Libertini

Refuse

Refused

H/05/00003

High hedges

316 Westleigh Lane , Leigh

( Leigh West)

J E Gregson

Remedial notice issued

Appeals allowed and conditional planning permission granted

Application no.	Development, location, ward and appellant	Officer's recommendation	Decision of Committee
A/06/67750	To retain raised decking and 1.53m high fencing to rear. (height above ground level 3m). (retrospective application) 11 Leaview, Wigan ( Aspull New Springs Whelley) Mr S Lowe	Refuse	Refused
A/06/67190	Prior notification to install one telecommunications monopole with three antennae and one dish antennae (total height 15 metres) and ancillary radio equipment housing. Grass Verge Outside 81 East Lancashire Road, Lowton, Warrington (Lowton East) 3G ( UK) Limited	Refuse	Refused

Application no.

Development, location, ward and appellant

Officer's recommendation

Decision of Committee

A/06/67750

To retain raised decking and 1.53m high fencing to rear. (height above ground level 3m). (retrospective application)

11 Leaview, Wigan ( Aspull New Springs Whelley)

Mr S Lowe

Refuse

Refused

A/06/67190

Prior notification to install one telecommunications monopole with three antennae and one dish antennae (total height 15 metres) and ancillary radio equipment housing.

Grass Verge Outside 81 East Lancashire Road, Lowton, Warrington
(Lowton East)

3G ( UK) Limited

Refuse

Refused

Enforcement appeal dismissed

Application No	Development, Location, Ward and Appellant	Further Information
06/00544/DEVC	Erection of an unauthorised extension to industrial buildings. The Potteries Garage, Rear of Smallbrook Garage, Smallbrook Lane, Leigh ( Atherleigh) Mr J P Whitter (Water Well Engineers) Limited

Application No

Development, Location, Ward and Appellant

Further Information

06/00544/DEVC

Erection of an unauthorised extension to industrial buildings.

The Potteries Garage, Rear of Smallbrook Garage, Smallbrook Lane, Leigh

( Atherleigh)

Mr J P Whitter (Water Well Engineers) Limited

Resolved: The Committee notes the report.

24. Appraisal and extension of Wigan Lane, Wigan conservation area: The Committee considered a report which would also be considered by the Cabinet on the results of a consultation of Wigan Lane, Wigan conservation area appraisal and a proposed extension to the conservation area boundary.

Resolved: This Committee accepts the Wigan Lane, Wigan conservation area appraisal, the principles of the management proposals and the extension of the conservation area as material considerations in the assessment of future planning applications.

25. Appraisal and extension of Church Lane, Shevington conservation area: The Committee considered a report which had been considered by the Cabinet (minute 103 refers) on the results of a consultation of Church Lane, Shevington conservation area appraisal and a proposed extension to the conservation area boundary.

Cabinet had:-

adopted the Church Lane, Shevington conservation area appraisal and the principles of the management proposals;
approved the extension of the Church Lane, Shevington conservation area under Section 69 of the Planning (Listed Buildings & Conservation Areas) Act 1990 as set out in the report; and
recommended this Committee to accept the Church Lane, Shevington conservation area appraisal, the principles of the management proposals and the extension of the conservation area as material considerations in the assessment of future planning applications.

Resolved: This Committee concurs with the decision of Cabinet at minute 103 and accepts the Church Lane, Shevington conservation area appraisal, the principles of the management proposals and the extension of the conservation area as material considerations in the assessment of future planning applications.

26. ‘ The Way We Were’ - development guidelines: The Committee considered a report which would also be considered by the Cabinet, attached to which were development guidelines prepared for the development of the ‘ The Way We Were’ at Wigan Pier . The guidelines would be used by the Council as a guide for considering the acceptability of any development proposals.

Resolved: The Committee endorses the report now submitted.

27. Information items : There were no information items.

28. Planning proposals : The Committee considered applications which had been submitted to the Council for planning permission. Reports and associated documentation and representations had been circulated with the agenda.

Resolved: (1) The decisions of the Committee on the applications for planning permission are as set out in the schedule attached.

(2) In respect of application A/05/64973 to layout 9-hole golf course, driving range and canal marina with new clubhouse, maintenance/chandlery building, car parking and new access road, l and adjacent to Lower House Farm, off Wigan Road, New Springs, the Committee delegates power to the Director of Environmental Services to grant conditional planning permission following the applicants entering into an agreement to regulate the development under Section 106 of the Town and Country Planning Act 1990 (as amended):-

to control the phasing of the development;
to require works to upgrade the canal towpath and/or a contribution to British Waterways for improvement and maintenance of the canal towpath;
to provide details for the long term management of the golf course;
to provide on-site air quality mitigation measures; and
to provide a bond to ensure that the landscape works can be completed in default should the developer fail to complete the works.

(3) In respect of application A/07/69283, certificate of alternative development under section 17 of the Land Compensation Act 1961, to use approximately 0.14 ha. of land for residential purposes, l and adjacent 11 Mottram Drive, Wigan, the Committee approves the issue of a certificate as now reported, subject to the following conditions:-

1. The development hereby approved shall not be commenced until:

(i) A survey of the wildlife on the site has been carried out by an independent body acceptable to the Local Planning Authority and

(ii) A scheme for the protection and translocation of the wildlife on the site has been submitted to and approved by the Local Planning Authority and

(iii) The scheme referred to in Item 2 above has been implemented and completed.

2. Notwithstanding the details submitted with this application if the proposed development should comprise apartments a maximum of 15 units of mixed size in a brick building to a maximum height of 2.5 storeys with a tiled, ridged roof and the main eaves line of the roof approximately level with the first floor window heads would be appropriate.

Reasons:

1. The site may contain valuable wildlife which should be protected and conserved.

2. To allow the effect of the development upon the amenities of the neighbouring properties and the character of the area to be assessed, and that any future applications can be decided on this assessment.

Applications Approved, Rejected or Deferred By Committee

A/05/64973 - To layout 9-hole golf course, driving range and canal marina with new Clubhouse, maintenance/chandlery building, car parking and new access road.

Location: Land adjacent to Lower House Farm, off Wigan Road, New Springs (Aspull New Springs Whelley ward)

Applicant: D Bowling

Letters of objection and representation from and on behalf of local residents; letter from applicant’s agent referring to the development.

Decision: SEE MINUTE 28(2)

(The Vice-Chairman (Councillor Mrs A Bennett) declared a personal and non prejudicial interest in this application because she is a Member of the Greater Manchester Passenger Transport Authority appointed by the Council).

(Councillor J Hilton requested that his vote against this decision be recorded).

A/07/68931 - To erect one 4 storey block comprising 3 ground floor commercial units and 16 apartments comprising 10 single bedroom and six 2 bedroom units, together with rooftop residents amenity space and laying out of car parking for commercial and residential use, cycle store and bin store.

Location: Land off Platt Street and Walthew Lane, Platt Bridge (Abram ward)

Applicant: Great Central Developments

Letter of objection from the Handyman’s Store, Walthew Lane, Platt Bridge; e-mail from Councillor C Sweeney referring to the development.

Decision: WITHDRAWN at applicant’s request

A/07/69092 - To erect 4 detached dwellinghouses.

Location: Land to rear of The Shamrock Public House, 134 Preston Road, Standish (Standish with Langtree ward)

Applicant: Wainhomes North West Ltd.

Letter of objection from Councillor N R Whittingham; letter from Environmental Research and Advisory Partnership, Consultant Ecologists referring to the development.

Decision: GRANTED

Conditions:

1. With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the details shown on plans received 24.5.2007 and referenced:

20012/10/07
AB01
Brunel 208 (Bowmere)
Scott 207 (Sandown)
Nelson 221 (Marbury)
05036/03
05036/05
and on plan received 6.7.2007 and referenced 20012/05 rev. V
or any other plan agreed in writing as a working amendment by the Local Planning Authority.

2. No development hereby permitted, excluding demolition works, shall be commenced until the arrangements for provision and future maintenance of public open space and play space commensurate with the number of dwellings proposed, in accordance with Replacement Unitary Development Plan Policy R1E, have been submitted to and approved in writing by the Local Planning Authority. The approved arrangements shall be implemented before any dwellings are first occupied.

3. Before any part of the development hereby approved is commenced, particulars/samples of the materials to be used for the external walls and roof shall be submitted to and approved by the Local Planning Authority. The development shall be constructed only in accordance with the approved materials.

4. Before the development hereby approved is commenced the following information shall be submitted to and approved in writing by the Local Planning Authority:

(i) a full site survey showing:

the datum used to calibrate the site levels
levels along all site boundaries
levels across the site at regular intervals
floor levels of adjoining buildings

(ii) full details of the proposed finished floor levels of all buildings and hard surfaces.

The development shall be carried out only in accordance with the approved details.

5. Any development of the site shall be drained on separate foul and surface water systems. All foul drainage shall be connected to the foul sewers and only uncontaminated surface water shall be connected to the surface water system.

6. The site shall be treated in accordance with a landscape scheme to be submitted to and approved in writing by the Local Planning Authority before any part of the development is commenced and all works in accordance with the scheme shall be completed within a period of 12 months from the date on which development in accordance with the permission hereby granted is first commenced, or such longer period as may be agreed by the Local Planning Authority, having regard to planting seasons, such landscape scheme to include the planting of live trees and the treatment of forecourts, paving and boundary fences. All planting shall be maintained for a period of 5 years from the agreed date of planting.

7. All services including cable and telephone services shall be placed underground and provision shall be made in the design and construction of the dwellings, roads and access to enable this to be achieved.

8. Provision shall be made on the site for the parking of 2 cars at all times for each of the 4 bedroomed dwellings on the site, unless otherwise agreed in writing by the Local Planning Authority.

9. The vehicle entrance door of the garage on plot 46 hereby approved shall be of the roller shutter type vertically operated. The operation of the door shall be such that it shall not project beyond a point forward of the front elevation of the garage brickwork. The rolller type door shall remain in place at all times unless otherwise agreed with the Local Planning Authority in writing.

10. Prior to the commencement of the development hereby approved details of the method of surface water and foul water drainage from the site shall be submitted to and approved in writing by the Local Planning Authority and shall be installed in accordance with the approved details as an integral part of the development.

Reasons :

1. For the avoidance of doubt, and having regard to Policy EV3A of the replacement Wigan UDP.

2. In order to ensure adequate provision of public open space and play facilities on or off site in accordance with the requirements of Policy R1E of the replacement Wigan Unitary Development Plan.

3. To ensure that the external appearance of the buildings is satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.

4. To ensure that the details of the development are satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.

5. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A of the replacement Wigan UDP.

6. To help to assimilate the proposed development into its surroundings, having regard to Policy EV3D of the replacement Wigan UDP.

7. To safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A of the replacement Wigan UDP.

8. To allow for vehicles visiting the site to be parked clear of the public highway, in accordance with Policy A1S of the Replacement Wigan UDP.

9. In the interests of highway safety and to minimise the potential for highway and footway obstruction.

10. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A of the Replacement Wigan UDP.

(Councillor J F Davies requested that his vote against this decision be recorded).

A/07/69040 - To erect 2 x two storey detached dwellings. (Plots 41 and 42, Primrose Lane Development)

Location: Open land south east of 154-162 Preston Road, Standish (Standish with Langtree ward)

Applicant: Wainhomes North West Ltd.

Letter of objection from Councillor N R Whittingham; letters from applicants and from Environmental Research and Advisory Partnership, Consultant Ecologists referring to the development.

Decision: GRANTED

Conditions:

05036/03
05036/05
20012/10/06
Brunel 208 (Bowmere)
Scott 207 (Sandown)
and on plan referenced 20012/05 Rev W received 18.7.2007, or any other plan agreed in writing as a working amendment by the Local Planning Authority.

4. Before the development hereby approved is commenced the following information shall be submitted to and approved in writing by the Local Planning Authority:

(i) a full site survey showing:

the datum used to calibrate the site levels
levels along all site boundaries
levels across the site at regular intervals
floor levels of adjoining buildings

(ii) full details of the proposed finished floor levels of all buildings and hard surfaces.

The development shall be carried out only in accordance with the approved details.

6. The site shall be treated in accordance with a landscape scheme to be submitted to and approved in writing by the Local Planning Authority before any part of the development is commenced. The scheme shall include the removal of the three trees shown on plan reference 20012/05 Rev W, and their replacement with one fastigiate Oak of a minimum of 12-14cm girth size in each rear garden. All works in accordance with the scheme shall be completed within a period of 12 months from the date on which development in accordance with the permission hereby granted is first commenced, or such longer period as may be agreed by the Local Planning Authority, having regard to planting seasons, such landscape scheme to include the planting of live trees and the treatment of forecourts, paving and boundary fences. All planting shall be maintained for a period of 5 years from the agreed date of planting.

8. Provision shall be made at each of the dwellings hereby approved for the parking of 2 cars at all times, unless otherwise agreed in writing by the Local Planning Authority.

9. The vehicle entrance doors of the garages hereby approved shall be of the roller shutter type vertically operated. The operation of the doors shall be such that they shall not project beyond a point forward of the front elevation of the garage brickwork. The roller type doors shall remain in place at all times unless otherwise agreed with the Local Planning Authority in writing.