Planning Committee - Tuesday 20 May 2008

Present at the meeting:

  • Councillor J Hilton (Chairman)
  • Councillor Mrs E Smethurst (Vice Chairman)
  • Councillor Mrs J Beswick
  • Councillor B Bowen
  • Councillor N A Bradbury
  • Councillor W Carney
  • Councillor R Clayton
  • Councillor Mrs P Cullen
  • Councillor Mrs S J Greensmith
  • Councillor Mrs Y Klieve
  • Councillor Mrs J Prescott

1 Welcome to new Members: On behalf of the Committee, the Chairman extended a warm welcome to Councillors Mrs E Smethurst (Vice Chairman), Mrs P Cullen, Mrs S J Greensmith, Mrs Y Klieve and Mrs J Prescott, new Members of the Committee.

2 Apologies for absence: Councillors G A Fairhurst, J D Hodgkinson and P A Liptrot.

3 Minutes: The minutes of the meeting of this Committee held on 29 April 2008 were approved as a correct record.

4 Wilding Street, Ince: Further to minute 34, September 2007, the Committee considered a report, which would also be considered by the Cabinet, attached to which was a revised development brief for the development of an area of land at Wilding Street, Ince. The development brief 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.

5 Sites of biological importance update: The Committee considered a report updating Members on the amendments which had been made to the register of the sites of biological importance. All the changes had occurred since the map for the approved Unitary Development Plan had been compiled and would be maintained as a separate file until the plan review.

There were no alternative options available for consideration.

Resolved: The Committee notes the changes to the sites of biological importance register as now reported.

6 Information items: There were no information items.

7 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: The decisions of the Committee on the planning and related applications are as set out in the schedule attached.

SCHEDULE REFERRED TO APPLICATIONS APPROVED, REJECTED OR DEFERRED BY COMMITTEE

Planning applications:

A/07/70339 Extension of factory premises (Reserved Matters of A/05/64395)

Location: Land at Milliken Industries, Beech Hill Plant, Gidlow Lane, Wigan

Wigan West ward)

Applicant: Milliken Industrials Ltd.

E-mail from Councillor T W Halliwell and letters from Standish and Districts Bridleways Group, the Environment Agency and occupier of 67 Walter Scott Avenue, Wigan referring to the development.

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 plan reference 70863/03/P3, 06/P2, 05/P3, 04/P4 & 02/P7 or any other plan agreed in writing as a working amendment by the Local Planning Authority.

2. 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 in writing by the Local Planning Authority. The development shall be constructed only in accordance with the approved materials.

3. The development shall be undertaken in full accordance with the recommendations and wildlife mitigation measures as specified within the Initial Ecological Appraisal (August 2007) produced by Wardell Armstrong.

4. 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 6 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 in writing by the Local Planning Authority, having regard to planting seasons.

5. Prior to the commencement of development full details of the design and location of all security fencing to the site boundaries shall be submitted to, and approved in writing by the Local Planning Authority. Such security fencing shall be erected in accordance with the approved details, prior to the commencement in use of the development, and thereafter retained.

6. The development hereby approved shall not be brought into use until areas for the movement, loading, unloading and parking of vehicles have been provided, constructed, drained and surfaced in complete accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (or any order revoking or re-enacting that order with or without modification), these areas shall remain available at all times for this purpose unless otherwise agreed in writing by the Local Planning Authority.

7. 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.

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 minimise the impact on wildlife habitat having regard to Policies EV2C and EV2D of the Wigan Replacement 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 details of the development are 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. 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.

A/07/70341 Extension to existing factory building.

Location: Milliken Industries, Gidlow Lane, Wigan (Wigan West ward)

Applicant: Milliken Industries

E mail from Councillor T W Halliwell and letters from Standish and Districts Bridleways Group, the Environment Agency and occupier of 67 Walter Scott Avenue, Wigan 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 plan reference 70863/03/P3, 06/P2, 05/P3, 04/P4 & 02/P7 or any other plan agreed in writing as a working amendment by the Local Planning Authority.

2. 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.

3. The development shall be undertaken in full accordance with the recommendations and wildlife mitigation measures as specified within the Initial Ecological Appraisal (August 2007) produced by Wardell Armstrong.

4. 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 6 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 in writing by the Local Planning Authority, having regard to planting seasons.

5. 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.

6. Prior to the commencement of development full details of the design and location of all security fencing to the site boundaries shall be submitted to, and approved in writing by the Local Planning Authority. Such security fencing shall be erected in accordance with the approved details, prior to the commencement in use of the development, and thereafter retained.

7. The development hereby approved shall not be brought into use until areas for the movement, loading, unloading and parking of vehicles have been provided, constructed, drained and surfaced in complete accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (or any order revoking or re-enacting that order with or without modification), these areas shall remain available at all times for this purpose unless otherwise agreed in writing by the Local Planning Authority.

8. Notwithstanding the submitted noise report (JOH172307) prepared by Sypol Ltd, development shall not be commenced until a full assessment of the nature and extent of noise generated by the proposed development and the existing noise climate of the site has been submitted to and approved in writing by the Local Planning Authority. The assessment shall identify proposed noise limits and any mitigation measures to control noise to agreed limits. In particular this should include a night time assessment of noise arising from the 24hr operation of the factory, an assessment or prediction of noise from externally mounted plant and machinery, and the calculation/prediction of a noise limit at the site boundary. The approved mitigation measures shall be carried out and completed before the use of the development commences.

9. Notwithstanding the Phase 1 Ground Investigation (October 2007) prepared by Wardell Armstrong, no development shall be started until a full investigation and assessment of the nature and extent of any contamination of the site, including the potential impact of the development on ground waters, 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.

10. Prior to the commencement of any development, details of arrangements for the provision and implementation of a surface water regulation system, and for the separate disposal of foul and surface water, shall be submitted for the written approval of the Local Planning Authority. The duly approved scheme shall be implemented in full before any development hereby approved is first occupied.

11. Prior to the commencement of the development hereby approved, a detailed staff and visitor Green Travel Plan, including implementation methods and timescales, shall be submitted to and approved in writing by the Local Planning Authority. The approved plan shall be fully implemented in accordance with the approved timescales.

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 minimise the impact on wildlife habitat having regard to Policies EV2C and EV2D of the Wigan Replacement UDP.

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

5. 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.

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

8. To minimise the noise annoyance on existing development in the vicinity, having regard to Policies EV1B and G1A of the replacement Wigan UDP.

9. 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.

10. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A and G1C of the replacement Wigan UDP.

11. To provide for the safety and convenience of users of the highway, for the free low of traffic and the promotion of travel modes of transport other than the car in accordance with Policy A1B of the Replacement Wigan Unitary Development Plan.

A/08/70657 Removal of condition 15 of A/07/69537 - 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.

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

E-mail and letters of objection from local and other interested residents; letter from Mr N Turner M P referring to the development.

Decision: DEFERRED for further discussions with the applicant.

(The Chairman (Councillor J Hilton) left the room during consideration of this application).

A/08/70784 To erect 5 dwellinghouses (2 pairs of semi-detached dwellings with associated garages and detached 2 storey dwelling) together with the layout of access thereto.

Location: Open land south of 42 Hillside Avenue, Atherton (Atherton ward)

Applicant: C Ince

E-mail and letters of objection from Councillor R T Splaine and local residents.

Decision: DEFERRED for site inspection.

(Councillor N A Bradbury declared a prejudicial interest in this application because he is a resident of Hillside Avenue, Atherton and left the meeting during discussion thereon).

A/08/70792 To site additional caravan and erection of utility block, comprising bathroom, laundry and changing facilities.

Location: The Stables, Aspull Common, Leigh ( Lowton East ward)

Applicant: A Betts and M McDonough

E-mail from an interested resident 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 plan reference 4327/01, 02 and 03 or any other plan agreed in writing as a working amendment by the Local Planning Authority.

2. The static mobile home and touring caravans shall be sited as shown on plan reference 4327/02. No changes shall be made to the layout on the site or size of the caravans without the prior written approval of the Local Planning Authority.

3. No business use shall take place on the site and no commercial vehicles shall be placed or kept at the site.

4. The proposed development is within 250m of a known landfill site. Before the commencement of the development, all reasonable steps shall be taken to investigate the possibility of gas migration affecting the site. The survey methods for this investigation shall be agreed in advance with the Local Planning Authority and a copy of the results of the survey shall be submitted to the Local Planning Authority as soon as they are available. Where gas migration is confirmed, or there is evidence that migration is likely to occur, development shall not commence until satisfactory remedial measures have been taken to control and manage the gas, to monitor the effectiveness of these measures and, where necessary, to incorporate adequate precautionary measures in the design and construction stages. Such measures shall be agreed in writing by the Local Planning Authority before any implementation commences.

5. The site shall not be occupied by any persons other than gypsies and travellers as defined in paragraph 15 of ODPM Circular 01/2006.

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

4. The proposed development is within 250m of a known landfill site which may be contaminated by landfill gas, and development should only be undertaken when adequate safeguards are put in place, as required by Policy EV1B of the replacement Wigan UDP.

5. There are personal circumstances of the applicant which outweigh the inappropriate development in the Green Belt having regard to UDP policy GB1.

A/08/70882 Formation of children’s play area, including equipment, seat, fencing and tree planting.

Location: Playground, Douglas Street, Atherton (Atherton ward)

Applicant: Wigan Leisure and Culture Trust

E-mail and letters of objection from Councillor R T Splaine and local residents; e-mail in support from local resident.

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 LOC/01 Rev A, Ecobin, Bench, Junior Swing, Toddler Swing Details, Fence, and Play Area, or any other plan agreed in writing as a working amendment by the Local Planning Authority.

2. 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 6 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.

Reasons:

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

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

(Councillor N A Bradbury declared that he had fettered his discretion in dealing with this application by making his views known in advance of the meeting and left the meeting during discussion thereon. The Vice Chairman (Councillor Mrs E Smethurst) declared a personal and non-prejudicial interest in this application because she is a Member of the Wigan Leisure and Culture Trust appointed by the Council).

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