Home > Services > Council and Democracy > Council, Cabinet and Committees > Minutes > 2007-08 > October 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
• Doctor Councillor C M Cottam
• Councillor G A Fairhurst
• Councillor J Hilton
• Councillor J D Hodgkinson
• Councillor Mrs B Jarvis
• Councillor Mrs S Loudon
• Councillor A Robinson

37 Death of Councillor William Stanley Simmons: The Chairman referred with regret to the death on Thursday 4 October 2007 of Councillor William Stanley Simmons, who had served as a Member of this Committee since he was elected to the Council in May 1990 until illness prevented him from attending meetings earlier this year.

All present stood in silence for a few moments as a mark of respect.

38 Welcome to new Member: The Chairman, on behalf of the Committee, extended a warm welcome to Councillor Mrs S Loudon, a new Member of this Committee.

39 Apologies for absence: Councillor W Carney.

40 Minutes: The minutes of the meeting of this Committee held on 11 September 2007 were approved as a correct record.

Items not subject to confirmation by the Council:

41 Planning appeals: The Committee considered a report setting out the following appeals that had been lodged since 22 August 2007. The total number of appeals received to date during 2007 was 32.

Application No and date appeal lodged	Development, location, ward and appellant	Officer's recommendation	Committee or delegated decision and method of dealing with appeal
A/07/68033 23/8/2007	Retrospective Application. To retain extension to garden curtilage. Land adjacent to 7 Tollgreen Close, Hindley (Hindley) S Salkeld	Refuse	Delegated Refused Written representation
A/07/68786 22/8/2007	To extend dwellinghouse, part two storey, part single storey to side, together with single storey front projection. 88 Pemberton Road, Winstanley (Winstanley) Mr and Mrs K Ormesher	Refuse	Delegated Refused Written representation
A/07/69167 12/9/2007	To extend dwellinghouse, first floor over garage with single storey to side. 21 Kinlet Road, Wigan (Winstanley) Mr and Mrs P Gaze	Refuse	Delegated Refused Informal hearing

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

Application no	Development, location, ward and appellant	Officer's recommendation	Committee or delegated decision
Appeals dismissed
A/06/67044	Retrospective application. To retain use of land as extended garden curtilage. Land rear of 13 Shildon Close, Wigan (Aspull New Springs Whelley) K Seddon	Refuse	Delegated Refused
A/06/67116	To retain use of vacant land as part of residential garden curtilage. Maudelain, Upton Lane, Tyldesley (Tyldesley) B Hanson	Refuse	Delegated Refused
A/06/67173	Prior notification to erect radio base station comprising a 12.5m. high ultra slimline streetworks pole, 3 antennae, associated cabinets and works. Footpath off Spencer Road, Wigan (Wigan Central) Hutchison 3G	Approve with conditions	Committee Refused
A/06/67338	To extend bungalow at rear to form first floor. 4 Millingford Avenue, Golborne (Golborne and Lowton West) N Bamford	Refuse	Delegated Refused
A/06/67520	To erect 2½ storey apartment block comprising 9 apartments and 2½ storey detached dwellinghouse, together with laying out of associated car parking spaces and bin stores, following demolition of existing residential care home. (Resubmission of A/05/65646). Site of Windsor House Nursing Home, 209 Wigan Road, Standish (Standish with Langtree) G Haider	Refuse	Delegated Refused
ADV/07/5219	To display double sided internally illuminated free standing sign. Tesco Express, 672 Atherton Road, Hindley (Hindley Green) S Powderley	Refuse	Delegated Refused
A/06/66872	Variation of A/05/65122 (withdrawn). To redevelop cricket ground for residential purposes, comprising 66 dwellings with new means of access from Green Lane. (Comprises a mix of 2 storey dwellings and 2. blocks of 2.5 storey apartments). Site of Standish Cricket Club Green Lane, Standish (Standish with Langtree) Wainhomes North West Ltd.	Approve with conditions	Committee Refused
A/06/66873	Variation of A/05/65300 (Withdrawn) - To construct sports facilities comprising sports pavilion and ground keepers store, cricket pitch, 2 football pitches, car parking facilities, new access road and outdoor practice nets (facilities within one pavilion include function room, bar, storage and underground cricket nets). Land east of Standish Wood Lane and west of Roundmoor Road, Standish (Standish with Langtree) Wainhomes North West Ltd.	Approve with conditions	Committee Refused
Appeals allowed and conditional planning permission granted
A/06/67058	Erection of three residential blocks of 47 apartments together with undercroft car parking and landscaped courtyard (Variation of withdrawn application A/05/65383). Land at Alma Street/Elliott Street, Tyldesley (Tyldesley) J Wood	Approve with conditions	Committee Refused
A/06/67304	Change of Use of agricultural land to private equestrian purposes. Land at North Hall Farm, Chorley Road, Standish (Aspull New Springs Whelley) C Thomlinson & M Ainscough	Approve with conditions	Committee Refused
Appeal withdrawn
A/06/67014	Erection of 99 dwellings and garages together with associated highway works. Site of Former Transbus Depot, Enfield Street and Kilshaw Street, Wigan (Douglas) J S Bloor (Wilmslow) Ltd & MRC Pension Trust	Refuse	Committee Refused
High hedges appeal allowed in part and the remedial notices varied
H/06/00008	High hedge complaint 45 Spencer Road, Wigan (Wigan Central) Mr D and Mrs J Johnson	Remedial notices issued	Delegated Remedial notices issued

Resolved: The Committee notes the report now submitted.

42 Planning summer school 2007: The Committee considered a report dealing with the Planning summer school 2007 held in Swansea, which was attended by Councillors Dr C M Cottam and G A Fairhurst. The summer school provided an opportunity for Councillors to network and share experience with Planning Committee Members from other parts of the country and to hear from planning professionals about a range of current topics.

The delegates reported on the elements of summer school they found most interesting and enjoyable.

Resolved: The Committee notes the report now submitted.

43 Information items: There were no information items.

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

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

(2) In respect of application, A/06/66696, demolition of existing building and erection of two buildings with A1/A3 and D2 uses on part ground floor, and up to 253 residential units on upper floors and provision of new access on Harrogate Street: application in outline with siting and means of access for approval, all other matters reserved, former Police Station, Harrogate Street, Wigan, 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 make financial contributions in relation to:-

• public art;
• public open space and play equipment;
• air quality mitigation measures;
• improvements to pedestrian routes between the site and the town centre; and
• the provision of a car club.

(3) In respect of Application A/07/69149, change of use from A1 Retail to A4 Public House, with 1st floor function room together with erection of external staircase and 1.2m high wall and railings to form enclosed beer garden to rear, in addition to eating/drinking area to front, International Bride, 5 Powell Street, Wigan the Officers' recommendation was to approve the application with conditions. The Members resolved to refuse the application for the following reason:-

The proposed development would introduce an inappropriate and potentially disruptive use into the Dicconson Conservation Area which is characterised in the immediate locality by a large area of privately owned open space and places of worship which would be adversely affected by the use of the external drinking areas and the potential overspill of users of the establishment. Further the location of the property fronting onto a busy arterial route is likely to bring conflict between patrons inappropriately exiting the establishment and users of the highway to the detriment of vehicular and highway safety. The proposal is therefore contrary to Policies S1E, G1A, EV4A and EV4C of the Replacement Wigan UDP.

The motion to refuse the application was proposed by Councillor J. Hilton for the above reason. He questioned the suitability of the premises for this type of development. He expressed concerns about the use of an area at the rear of the building as a beer garden into which an external staircase was to be erected from the first floor and an area at the front of the premises for eating/drinking. Councillor Mrs A Bennett seconded refusal of the application for the above reason. The vote on the motion to refuse the application was carried by 12 votes to 0.

(4) In respect of application A/07/69831, to erect 2m high security fence, Leigh Harriers, Leigh Athletics Stadium, Turner Way, Leigh Sports Village, Leigh, the Committee delegates power to the Director of Environmental Services to grant conditional planning permission, following the expiry of the consultation period and the consideration of any representations received which raise significant additional grounds of objection.

(5) In respect of application ADV/07/5294. to display two externally illuminated double sided vertical hanging banner signs, and three externally illuminated high level signs, Leigh Indoor Sports Centre, Leigh Sports Village, Atherleigh Way, Leigh, the Committee delegates power to the Director of Environmental Services to grant conditional planning permission, following the expiry of the consultation period and the consideration of any representations received which raise significant additional grounds of objection.

Applications approved, rejected or deferred by Committee

A/06/66696 Demolition of existing building and erection of

two buildings with A1/A3 and D2 uses on part ground floor, and up to 253 residential units on upper floors and provision of new access on Harrogate Street. Application in outline with siting and means of access for approval, all other matters reserved.

Location: Former Police Station, Harrogate Street, Wigan (Ince ward)

Applicant: Goldcrest Homes (Portesbury) Ltd

Statement on behalf of the applicants; letters from agents acting on behalf of the Department for Constitutional Affairs, Wigan Civic Trust and occupier of 4 Hall Street, Wigan referring to the development.

Decision: SEE MINUTE 44(2)

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

A/07/69149 Change of use from A1 Retail to A4 Public House, with 1st floor function room together with erection of external staircase and 1.2m high wall and railings to form enclosed beer garden to rear, in addition to eating/drinking area to front.

Location: International Bride, 5 Powell Street, Wigan ( Wigan Central ward)

Applicant: R Rhoden

Letters of objection from parish priest and parishioners of St Mary’s and St John’s R C churches, Wigan and from Councillor H L Cadman.

Decision: REFUSED (See also minute 44(3))

Reason: The proposed development would introduce an inappropriate and potentially disruptive use into the Dicconson Conservation Area which is characterised in the immediate locality by a large area of privately owned open space and places of worship which would be adversely affected by the use of the external drinking areas and the potential overspill of users of the establishment. Further the location of the property fronting onto a busy arterial route is likely to bring conflict between patrons inappropriately exiting the establishment and users of the highway to the detriment of vehicular and highway safety. The proposal is therefore contrary to Policies S1E, G1A, EV4A and EV4C of the Replacement Wigan UDP.

This application has been refused on the basis of the following plans location plan drawing no. 7070 received 14 May 2007, Existing Floor Plans drawing no. 7070 L01 received 14 May 2007, Proposed Floor Plan drawing no. 7070 L02 revision A received 25 July 2007 and Existing/Proposed Elevations drawing no. 7070 L03 Revision A received 6 September 2007.

A/07/69441 Conversion of 2 redundant agricultural buildings into 2 dwellinghouses.(Planning Permission and Listed Building)

Location: Barns at Lightshaw Hall, Lightshaw Lane, Golborne (Golborne and Lowton West ward)

Applicant: J Hewitt

Submissions in support on behalf of the applicant

Decision: This application was WITHDRAWN

A/07/69443LB Listed Building consent for the conversion of 2 redundant agricultural buildings into 2 dwellinghouses. (Planning Permission and Listed Building)

Location: Barns at Lightshaw Hall, Lightshaw Lane, Golborne (Golborne and Lowton West ward)

Applicant: J Hewitt

Letter of objection from the Society for the Protection of Ancient Buildings.

Decision: This application was WITHDRAWN

A/07/69537 To erect 6 detached dwellinghouses (Reserved Matters of A/06/67345) (Re-submission of A/07/68070)

Location: Land rear of 139-153 Chorley Road, 7 Rowton Rise and rear of 6-9 Rowton Rise, Standish (Aspull New Springs Whelley ward)

Applicant: Five Star Development Homes Limited

Letters of objection from and on behalf of local residents.

Decision: APPROVED

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 19.7.2007 and referenced:

• SDL 301106/1 (House type B Plot 5 Rev. C side elevations)
• SDL 301106/1 (House type B Plot 5 Rev. C floor plans)
• SDL 301106/1 (House type C Plot 1 Rev. C side elevations)
• SDL 301106/1 (House type C Plot 1 Rev. C floor plans)
• SDL 301106/1 (House type A Plot 2, 3, 4 and 6 Rev. C side elevations)
• SDL 301106/1 (House type A Plot 2, 3, 4 and 6 Rev. C floor plans)

or any other plan agreed in writing as a working amendment by the Local Planning Authority.

2. 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.

3. Before the development hereby approved is commenced details of the proposed screen walls or fences shall be submitted to and approved by the Local Planning Authority and shall be erected as an integral part of the development in accordance with the approved details and completed to each dwelling before that dwelling is first occupied.

4. All car parking, means of enclosure and treatment of hard surfaces not built upon shall be completed before the use of the land/buildings hereby approved is commenced.

5. 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.

6. 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.

7. Before the development hereby approved is commenced, details of the method of surface water and foul water drainage from the site and a scheme for the provision and implementation of a surface water regulation system 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. No occupation or use of any buildings hereby approved shall commence until it has been connected to the approved drainage system.

8. 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.

9. Prior to the commencement of any excavation or construction works or the entry of vehicles or plant into the site, all existing trees, shrubs and hedges on and adjacent to the site shall be physically protected from damage by plant, equipment, vehicles, excavation, deposit of excavated material and any other cause. This shall be achieved by the erection of 2.3 m high fencing using vertical and horizontal scaffolding poles, or other stout fencing to Local Authority approval with the uprights driven well into the ground, erected in accordance with BS5837:2005, outside the canopy, in accordance with and appearing on the approved plan. The fencing shall be maintained for the duration of the development operations and no operations whatsoever shall take place within it.

Any trees or hedges removed without consent, which are dying or seriously damaged or becoming seriously diseased within 60 months following completion of the development shall be replaced with trees of such size and species and within such a period as may be agreed by the Local Planning Authority.

10. As the site concerned is affected by a Tree Preservation Order, the developer shall provide the Local Planning Authority with a minimum 48 hours written notice of the commencement of development operations.

11. Prior to the commencement of any operations on the site an Operational Method Statement shall be submitted to and approved in writing by the Local Planning Authority. This shall identify the order in which operations will be undertaken, including tree works, erection of protective fencing, location of site compound and material storage, construction, specific tree protection and special procedures and materials where development is within the sphere of influence of trees. It shall identify all tree works to be to BS3998 by an approved contractor, all development to BS5837, including erection of protective fencing, and the method of special tree protection. It shall identify a list of contacts during development and include the planning conditions for this consent.

12. 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.

13. No development shall be started until an investigation and assessment of the nature and extent of any contamination of the site has been submitted to and approved in writing by the Local Planning Authority. The assessment shall identify any remedial measures required to deal with any hazards identified and such measures shall be implemented before the occupation of any of the buildings hereby permitted.

14. No trees shall be pruned, felled or up-rooted and no shrubs or hedges shall be cut down or destroyed without the approval in writing of the Local Planning Authority, pending the determination of the application for approval of reserved matters. Any pruning which is approved shall be to BS3998.

15. Notwithstanding the details as shown on the Planning Layout Drawing Number SDL 1158.02.1 Rev C received 19.7.2007, House type C Plot 1 Revision C side elevations drawing number SDL 301106/1 received 19.7.2007 and House Type C Plot 1 Revision C floor plans drawing number SDL 301106/1 received 19.7.2007, the dwelling hereby approved on Plot 1 shall not be constructed until a revised siting has been submitted to and approved in writing by the Local Planning Authority. The dwelling on Plot 1 will thereafter only be constructed in accordance with these approved details.

Reasons:

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

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

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

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

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

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

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

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

9. The existing trees and shrubs represent a visual amenity which the Local Planning Authority consider should be substantially maintained, in accordance with Policy EV2E of the replacement Wigan UDP.

10. To provide time for the arboriculturist/Local Authority Officer to confirm acceptable protection for the trees, having regard to Policy EV2E of the replacement Wigan UDP.

11. The existing trees and shrubs represent a visual amenity which the Local Planning Authority consider should be substantially maintained, in accordance with Policy EV2E of the replacement Wigan UDP.

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

13. To ensure that any contamination is investigated and treated to the satisfaction of the Local Planning Authority, during the carrying out of the development as required by Policy EV1B of the replacement Wigan UDP.

14. The existing trees and shrubs represent a visual amenity which the Local Planning Authority consider should be substantially maintained, in accordance with Policy EV2E of the replacement Wigan UDP.

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

(Councillors Mrs J Beswick, G A Fairhurst, J Hilton and J D Hodgkinson requested that their votes against this decision be recorded).

(Dr Councillor C M Cottam requested that her abstention from voting on this application be recorded).

A/07/69665 Change of use from dwellinghouses to offices in connection with existing offices at 54 Church Street, together with new vehicular access onto Church Street.

Location: 13 and 15 Bedford Street, Leigh (Leigh East ward)

Applicant: I Tenquist

Comments from Dr Councillor C M Cottam relating 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 plan reference 07048/03, 07048/04, 07048/05 received 9.8.2007 or any other plan agreed in writing as a working amendment by the Local Planning Authority.

2. The brickwork to be used on the external surfaces of the elevations where doorways and windows are to be bricked up shall match in colour, size, form and texture those on the existing building.

3. The use hereby permitted shall not be carried out except on Monday to Friday (inclusive) between 08.30 hours and 18.00 hours, and on Saturdays between 09.00 hours and 17.00 hours, except with the prior written approval of the Local Planning Authority.

Reasons:

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

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

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

(Dr Councillor C M Cottam took no part in the discussion or voting on this application).

A/07/69675 To extend dwellinghouse single storey to rear.

Location: 109 Soughers Lane, Ashton-In-Makerfield (Bryn ward)

Applicant: C Gaskell

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 plan reference SL/01, SL/02 and SL/03 received 21.8.2007 or any other plan agreed in writing as a working amendment by the Local Planning Authority.

2. The materials used on the external surfaces of the elevations and roofs shall match in colour, size, form and texture those on the existing building.

Reasons:

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

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

A/07/69726 To erect detached bungalow on land to be severed from the garden of 202 Green Lane. (Outline Application with all matters reserved).

Location: 202 Green Lane, Leigh (Leigh East ward)

Applicant: A Tomlinson

Comments from Dr Councillor C M Cottam relating to the development.

Decision: This application was WITHDRAWN

A/07/69831 To erect 2m high security fence.

Location: Leigh Harriers, Leigh Athletics Stadium, Turner Way, Leigh Sports Village, Leigh (Leigh South ward)

Applicant: Greenbank Partnerships

Decision: SEE MINUTE 44(4)

(Councillor Mrs B Jarvis declared a prejudicial interest in this application because she had previously had meetings with the applicant on other issues and left the meeting during discussion thereon).

ADV/07/5294 To display 2 externally illuminated double sided vertical hanging banner signs, and 3 externally illuminated high level signs.

Location: Leigh Indoor Sports Centre Leigh Sports Village Atherleigh Way Leigh (Leigh South ward)

Applicant: Wigan Leisure & Culture Trust

Decision: SEE MINUTE 44(5)