Present at the meeting:
- Councillor Mrs E Smethurst (Vice Chairman)
- Councillor Mrs J Beswick
- Councillor B Bowen
- Councillor N A Bradbury.
- Councillor R Clayton
- Councillor Mrs P Cullen
- Councillor G A Fairhurst
- Councillor Mrs S J Greensmith
- Councillor J D Hodgkinson
- Councillor Mrs Y Klieve
- Councillor P A Liptrot
- Councillor Mrs J Prescott
- Councillor W Carney
31 Apologies for absence: Councillor J Hilton (Chairman).
32 Minutes: The minutes of the meeting of this Committee held on 12 August 2008 were approved as a correct record.
33 Information items: There were no information items.
34 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/07/69409, land and buildings on the south side of Wood Street, Wigan, the Committee delegates power to the Director of Environmental Services to approve the application following the entering of a Section 106 Agreement to provide financial contributions under the following heads of terms:-
- affordable housing;
- off site public open space and play equipment;
- off site air quality mitigation measures; and
- maintenance and the improvement of the canal and tow path
(3) In respect of application A/07/70356, former Bickershaw colliery site, off Plank Lane, Leigh, the Committee, having taken into consideration the findings of the Environmental Assessment, the comments made by consultees and representations from the public, delegates power to the Director of Environmental Services to approve the application upon satisfactory completion of the Section 106 agreement and to issue the decision notice upon completion of the legal agreement.
Schdule referred at applications approved, rejected or deferred by Committee
Planning applications:
A/07/69409 To erect 9 -15 storey block containing 102 apartments and first floor office suite accommodation.
Location: Land and Buildings on the south side of Woods Street, Wigan (Douglas Ward)
Applicant: P R Pattison & A G Nuttall & MJF SSAS Trustees Ltd
Letter of objection received from British Waterways.
Decision: APPROVED (see minute 34(2))
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 Nos. 2006.08.07.002L, 006E, 009K, 010H, 011E, 013E, 014F, 015B, 017B, 018B, 019B, 020B, 021C & 022; 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 including the colours and design specification of areas of cladding and render, 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. Notwithstanding the details shown on Drawing No. 2006.08.07.002L, and prior to the commencement of development, a detailed scheme shall be submitted to, and approved in writing by the Local Planning Authority of servicing and loading/unloading arrangements, and the layout and design of car parking areas to include provision of parking spaces for the disabled. The development shall be completed in accordance with the approved details and such parking and servicing facilities shall be fully available for use before the development is first brought into use. These areas shall thereafter remain available at all times for this purpose unless otherwise agreed in writing by the Local Planning Authority.
4. Notwithstanding the details shown on the approved plan/application form details of hard surfacing materials to be used on the external areas development and for the pedestrian link between Woods Street and the canal tow path, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The external areas and the pedestrian link shall be implemented in accordance with the approved surfacing details, prior to the first occupation of the building.
5. Notwithstanding the submitted plans and particulars, details of the design and construction of the new pedestrian route linking Woods Street and the canal tow path shall be submitted to, and approved in writing by the Local Planning Authority prior to the commencement of the development. The pedestrian route shall be provided in accordance with the approved details, and shall be fully available for use prior to the first commencement in occupation of the development.
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. No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The approved boundary treatment shall be completed before the development is first occupied. The development shall be carried out in accordance with the approved details.
8. 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.
9. Before the development hereby approved is commenced, a detailed 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. The approved scheme shall be installed in accordance with the approved details prior to the first commencement in occupation of the development.
10. Notwithstanding the submitted plans and particulars, before the development hereby approved is commenced, a scheme of measures for protecting the proposed development from noise arising from nearby existing and proposed industrial units shall be included and fully specified within a single, updated acoustic report document, which shall be submitted to, and approved in writing by the Local Planning Authority. Any works which form part of the scheme shall be completed before first occupation of any apartments of the development (unless otherwise agreed by the Local Planning Authority).
11. Before the development hereby approved is brought into use all plant and machinery shall be enclosed with sound insulating material in accordance with a scheme previously agreed in writing by the Local Planning Authority.
12. Before the development hereby approved is occupied a scheme of insulation of the floor/ceiling between the first floor office use and second floor residential units; shall be submitted to and approved in writing by the Local Planning Authority and shall be carried out in accordance with the approved scheme before first occupancy.
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 first occupation of any of the building hereby permitted.
14. Before the demolition of the existing buildings is undertaken, and development of the site commenced, a scheme of measures to control and minimise dust emissions and the escape of debris from the site, shall be submitted to, and approved in writing by the Local Planning Authority. Demolition work and the development of the site shall take place in full accordance with the approved scheme of measures.
15. Prior to the commencement of development, full details of the design, location, number and specification of secure cycle storage within the scheme shall be submitted to and approved in writing by the Local Planning Authority. Such approved cycle storage facilities shall be fully provided before the development is first brought into use, and thereafter retained.
16. No development shall be commenced until an interim travel plan for the development has been submitted to, and approved in writing by the Local Planning Authority. The interim travel plan shall form the basis for a full travel plan for the whole site, which shall then be submitted to, and approved in writing by the Local Planning Authority within 3 months of date of the first occupation of the scheme. The full travel plan shall set out details of measures, management, monitoring and implementation arrangements including timescales.
17. Before any part of the development hereby approved is commenced, a detailed scheme for the incorporation of sustainable development principles, including measures to reduce energy use and the provision of renewable energy options within the development, shall be submitted to, and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved scheme and such approved measures shall thereafter be retained.
18. Before any part of the development hereby approved is commenced, details of cross-sections of window/door frames, position of windows/doors within openings, balcony balustrades/supports and parapet construction; shall be submitted to and approved in writing by the Local Planning Authority. The details shall be shown on 1:20 scale drawings unless otherwise agreed in writing by the Local Planning Authority. The development shall be carried out only in accordance with the approved details.
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 allow for vehicles visiting the site to be parked clear of the public highway and to provide satisfactory on-site car parking provision for the disabled, in accordance with Policies A1C, A1R and A1S of the Replacement Wigan UDP.
4. To ensure that the details of the development are satisfactory, having regard to Policies EV3A and A1C of the replacement Wigan UDP.
5. To provide a safe, attractive and convenient walking environment and encourage the use of modes of transport other than the private car, in accordance with Policies A1D and A1R of 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 ensure that the details of the development are satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.
8. To ensure that the details of the development are satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.
9. To reduce the risk of flooding and ensure that the site is satisfactorily drained, in accordance with Policies EV3A and G1C of the replacement Wigan UDP.
10. To provide an acceptable level of noise both within the proposed dwellings and the residential area generally, in accordance with Policies R1D and G1A of the replacement Wigan UDP.
11. The insulation of plant and machinery which generate high levels of noise will reduce the impact of the proposal on existing development in the vicinity, in accordance with Policies EV1B and G1A of the replacement Wigan UDP.
12. To safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A 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. To safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A of the replacement Wigan UDP.
15. To encourage the use of modes of transport other than the private car, in accordance with Policy A1Sof the replacement Wigan UDP.
16. To encourage the use of modes of transport other than the private car, in accordance with Policy A1B of the replacement Wigan UDP.
17. To ensure that the proposal is sustainable and consistent with policies G1A and R1B of the Replacement Wigan UDP
18. To ensure that the external appearance of the buildings is satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.
(Councillors R Clayton G A Fairhurst and J D Hodgkinson requested that their votes against this decision be recorded).
A/07/70356 Mixed use development comprising a maximum of 650 residential units, a maximum of 2750 square metres of commercial space (use classes A1, A2, A3, A4, A5 B1, D1, D2) principal highway infrastructure, a 40 berth canal basin, associated public realm and open space (Outline Application - All Matters Reserved Except Access)
Location: Former Bickershaw Colliery site, off Plank Lane, Leigh (Leigh West Ward)
Applicant: North West Development Agency
Letters and emails of objection received from local residents, Crankwood Road Tennants and Residents Association, Abram, Crankwood and Lowton Bridleways Group and Sport England.
Decision: APPROVED (see minute 34(3))
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 D106096/120 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 approval shall be obtained from the Local Planning Authority with respect to reserved matters, namely, the appearance, landscaping, layout and scale.
3. Prior to the commencement of any development, details of the arrangements for the phasing and implementation in full of the ecological protection and mitigation measures defined in Chapter 10 of the Environmental Statement (November 2007) shall be submitted to and approved in writing by the Local Planning Authority. The measures shall be implemented in full accordance with the agreed arrangements.
4. Prior to the commencement of any development, details of a site waste management plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include measures to ensure the retention and re-use, where possible, of existing site materials as part of the re-development proposals. The plan measures shall be implemented in full for the duration of the construction period.
5. Notwithstanding the details indicated on the approved plans, prior to the commencement of any development, full details of the provision of landscaping, sustainable drainage features, and play facilities associated with the proposed swales, including a Landscape and Habitat Management Plan, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented fully in accordance with the agreed details.
6. Any application for the approval of Reserved Matters in respect of the layout and scale of the development shall be accompanied by details of the arrangements for the 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. No development shall be commenced until the approved arrangements have been put into place to the written satisfaction of the Local Planning Authority.
7. Any application for the approval of reserved matters shall be accompanied by a Green Travel Plan. The Green Travel Plan shall show measures to reduce the need to travel to and from the site by private transport, including arrangements for improvements to public transport servicing the development, arrangements for improving pedestrian/cycle access along the Leeds-Liverpool Canal, the timing for the implementation of such measures, and the mechanisms for monitoring and reviewing the targets and measures. The approved Green Travel Plan shall be implemented and monitored in accordance with the details as approved.
8. 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.
9. Before the development hereby approved is commenced, 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. No occupation or use of any building hereby approved shall commence until it has been connected to the approved drainage system.
10. The development shall be designed and constructed in accordance with the measures and requirements described in the amended Flood Risk Assessment/ Drainage Strategy report. These measures shall include provision of a surface water attenuation/ SUDS drainage system with a maximum rate of discharge of 60 litres/second (3.3/s/ha), minimum ground floor levels of property to be positioned a minimum of 250mm above surrounding ground level and the provision of a rainwater re-cycling facility (as described in the Scott Wilson report - Revision 1, Version 2, 2008).
11. Prior to the commencement of any development (or such other date or stage in development as may be previously agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:
1. A preliminary risk assessment which has identified:
- all previous uses
- potential contaminants associated with those uses
- a conceptual model of the site indicating sources, pathways and receptors
- potentially unacceptable risks arising from contamination at the site.
2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.
3. The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components will require the express consent of the Local Planning Authority. The scheme shall be implemented in accordance with the approved details.
12. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise previously agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with. The development shall be implemented fully in accordance with the approved scheme.
13. Prior to the commencement of any development, a scheme detailing the measures to be employed to control noise emissions shall be submitted to and approved in writing by the Local Planning Authority. The measures shall demonstrate that Best Practicable Means are employed to minimise noise and vibration at all times giving special consideration to Part 1, Section 10 of BS5228: 1997 'Noise and Vibration Control on Construction and Open Sites'. The development shall be implemented fully in accordance with the approved scheme.
14. Prior to the commencement of any development, a scheme detailing the measures to be employed to control and monitor dust emissions shall be submitted to and approved in writing by the Local Planning Authority. The measures shall demonstrate that Best Practicable Means are employed to minimise dust emissions at all times.
15. No construction/ remediation activities, or movement of Heavy Goods Vehicles transporting materials to and from the site, shall take place except between 07.30 and 18.00 hours on Monday to Friday inclusive, and between 08.00 and 13.00 hours on Saturdays, other than in accordance with arrangements to the prior written approval of the Local Planning Authority.
16. Prior to the commencement of the construction of any building hereby approved provision shall be made on the site for:-
- the parking of construction workers vehicles
- storage of building materials, equipment and plant, and
- placement of site cabins, site offices and storage containers
In accordance with details to be submitted to and approved in writing by the Local Planning Authority before the commencement of the development. The development shall be carried out only in accordance with the approved details.
17. As part of any application for the approval of Reserved Matters in respect of the layout, scale and appearance of the development, the following details shall be submitted:
(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.
Reasons:
1. For the avoidance of doubt, and having regard to Policy EV3A of the replacement Wigan UDP. 2. The application is for outline permission only and therefore gives insufficient details of the proposed development. These details will be required as reserved matters, in accordance with Policy EV3A of the replacement Wigan UDP.
3. To ensure the protection of ecological interests in accordance with Policies EV2, EV2C and EV2D of the Replacement Wigan UDP.
4. To reduce the environmental impacts of the development in accordance with Policies, EV1A, EV1B and EV3A of the Replacement Wigan UDP.
5. To help to assimilate the proposed development into its surroundings, having regard to Policies EV3A, EV3D, R1E and G1C of the Replacement Wigan UDP.
6. In order to ensure adequate provision of public open space on or off site in accordance with the requirements of Policy EV3D of the Replacement Wigan UDP.
7. To reduce the impacts of traffic on the local environment and increase access to the site in accordance with Policy A1B of the Replacement Wigan UDP.
8. 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.
9. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A and G1C 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 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.
12. 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.
13. To safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A of the replacement Wigan UDP.
14. To safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A of the replacement Wigan UDP.
15. To safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A of the replacement Wigan UDP.
16. To ensure that construction workers vehicles are not parked on the highway and materials and associated facilities are not detrimental to the amenity of the area, having regard to Policy A1S of the replacement Wigan UDP.
17. To ensure that the details of the development are satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.
(Councillor Mrs E Smethurst (Vice Chairman) declared a personal and non prejudicial interest in this application as she is a board member of Greater Manchester Passenger Transport Authority and a board member of Wigan Leisure Culture Trust).
(Councillor Mrs S J Greensmith declared that she had fettered her discretion in dealing with this application because she had attended meetings of the local tenants’ and residents’ association which had objected to the application and she left the meeting during discussion thereon).
(Councillors J D Hodgkinson and R Clayton requested that their votes against this decision be recorded).
A/08/71436 To extend dwellinghouse - part two storey, part first floor to side/rear. (Re-submission of A/08/70529 - withdrawn).
Location: 25 Byley Rise, Standish (Standish with Langtree Ward)
Applicant: Mr & Mrs Murphy
Letter of objection received from Clark Planning Consultants on behalf of local residents.
Decision: DEFERRED FOR SITE INSPECTION
(Councillor P A Liptrot declared a prejudicial interest in this application because he is a friend of the objector’s applicant and he left the meeting during discussion thereon)
(Councillor J D Hodgkinson requested that his abstention from voting be recorded).
A/08/71570 To extend dwellinghouse: 1.5 storey side extension to form ancillary domestic accommodation (Revision to A/08/71036)
Location: Abram Hall Riding School, Warrington Road, Abram (Abram Ward)
Applicant: Miss Heidi Crawford
Decision: DEFERRED FOR SITE INSPECTION
A/08/71712 Alterations and recladding to front elevation together with single storey extension to rear, erection of four cold store units, a polycarbonate roof over existing walkway and 2 air conditioning units (retrospective application)
Location: Wheatlea Park, Warrington Road, Wigan (Winstanley Ward)
Applicant: Whitbread Group Plc
Email of objection received from local Ward Councillor (G Wilkes).
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 AC1, AC2, CS1 and 1364/PL03 received 21.7.2008 and 1364/PL04A received 22.8.2008 or any other plan agreed in writing as a working amendment by the Local Planning Authority.
2. The existing cladding panels to the sides of the first floor front gable, as shown on superseded plan 1364/PL04, and retained as brickwork on approved plan 1364/PL04A, shall be removed within 56 days of the date of this approval.
3. The retained sections of brickwork to the first floor front gable, as shown on approved plan 1364/PL04A, shall at no time be re-clad or subject to painting or similar treatment.
Reasons:
1. For the avoidance of doubt, and having regard to Policy EV3A of the replacement Wigan UDP.
2. In the interests of visual amenity and in accordance with Policy EV3A of the Replacement Wigan Unitary Development Plan.
3. In the interests of visual amenity and in accordance with Policy EV3A of the Replacement Wigan Unitary Development Plan.
(Councillors J D Hodgkinson requested that his vote against the decision be recorded).