Present at the meeting:
- Councillor J Hilton (Chairman)
- Councillor Mrs E Smethurst (Vice Chairman)
- Councillor Mrs J Beswick
- Councillor B Bowen
- 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
41 Apologies for absence: Councillor W Carney.
42 Minutes: The minutes of the meeting of this Committee held on 7 October 2008 were approved as a correct record.
43 Regional Spatial Strategy for the North West of England: The Committee considered a report, which advised Members that the Regional Spatial Strategy (RSS) for the North West of England had been published on 30 September 2008.
The Committee was informed that the RSS now formed part of the Council’s statutory ‘development plan’ for the borough, replacing the former Regional Planning Guidance for the North West. This meant that the Council’s Local Development Framework Core Strategy (and any other development plan document) had to conform generally to the RSS. In addition, Members were advised that the Council was under a statutory duty to determine all planning applications in accordance with the RSS when relevant, unless material considerations indicated otherwise.
There were no alternative options available for consideration.
Resolved: The Committee notes the report now submitted.
44 Parkside Strategic Rail Freight Interchange: The Committee considered a report, which advised Members that Wigan Council had been consulted as an adjoining Authority on a planning application by St Helens and Warrington Council’s for a proposed development of a Strategic Rail Freight Interchange.
The Committee was informed that the policy context for the proposal was largely set out by the Regional Spatial Strategy (RSS) for the North West which applied national planning policy to the North West region. Two policies of the RSS were of particular relevance to the proposal:-
- Policy RDF4 – Green Belts; and
- Policy RT8 – Inter-Modal Freight Terminals.
The Committee was advised that St Helens Council was in the process of preparing the Core Strategy for its Local Development Framework (LDF), and had produced its preferred options late last year. Amongst those options was the development of an inter-modal freight terminal at the former Parkside Colliery, which broadly carried forward RSS policy RT8 into St Helens LDF. Regional Spatial Strategy policy was supportive of the principle in establishing an inter-modal freight terminal at this site along with the revision of the Green Belt boundaries in order to accommodate such a development.
The report went on to inform Members that a key element of the RSS policy (and of emerging local policy within the St Helens LDF Core Strategy) was the presumption that, having removed the site from Green Belt for this purpose, that it should only be developed as an inter-modal freight terminal and for no other forms of development.
Although the RSS policy included this requirement, it also contained a requirement to make provision for the development of activities that add value. However, Committee was advised that it was felt such added value activities would be more appropriately sited within nearby urban areas, where they could benefit from the existing infrastructure, whilst bringing benefits, such as reducing worklessness, to the often deprived communities located within reach of the site within Wigan Borough.
The Committee was advised that the assumptions the applicant had made in their Traffic Assessment were over optimistic and had little fact based evidence to substantiate the claims. This had lead to the conclusion that there would be a fundamental impact on traffic movements in the Wigan area which had not been satisfactorily addressed in the application.
The Committee was further informed that repeated requests for additional information had been made, both through St Helens Council and directly from the applicant, without success. This had lead to the view that insufficient information had been provided in the Environmental Statement (ES) and Supplementary Environmental Statement (SES) on air quality, noise and vibration for Wigan Council to properly determine the environmental impact of the development on receptors in Wigan, and therefore the proposal did not meet the statutory requirements as specified in Schedule 4 of the Town and Country Planning (Environmental Impact Assessment) Regulations Act 1999.
The reports set out details of the alternative option to be considered.
Resolved: The Committee:-
- agrees to object to the application in its current form, for the following reasons:-
- concern with the applicants overarching policy framework and details proposed in the planning application, in terms of policy compliance at national, regional and local levels;
- the applicant has failed to provide fact based evidence to substantiate their claim in relation to their traffic assessment; and
- the applicant has failed to provide sufficient information to make a reliable assessment of the environmental impact on the air quality, noise and vibration of development.
- requests that in the event that St Helens and Warrington Councils are minded to grant planning permission, that the matter is first referred back to this Council for further discussion regarding the requirements for planning conditions and/or legal agreements necessary. These must be sufficient to ensure that critical infrastructure improvements within Wigan required as a consequence of the scheme are provided and funded by the developer, and the full range of environmental impacts on Wigan residents is mitigated.
(Councillor J Hilton (Chairman) declared a personal and non prejudicial interest in this item as he is a member of the Associated Society of Locomotive Steam Engine and Firemen Union. Councillor Mrs E Smethurst declared a personal and non prejudicial interest in this item as she is a Board Member of the Greater Manchester Passenger Transport Authority).
45 Development Control performance in 2007/08: The Committee considered a report, that informed Members of the performance of the Development Control service during the last financial year and in comparison with previous years and national performance levels.
The Committee was advised that Wigan’s Development control performance during the last financial year demonstrated a continuous improvement, in particular it showed:-
- the Council’s performance continued to exceed targets within the Best Value Performance Indicators;
- The Council’s enforcement performance was of high quality and effective;
- the Council’s appeals record was better than the national average;
- the Council had no adverse court challenges or Ombudsman findings; and
- the Council’s work on tree protection measures was positive and substantive.
There were no alternative options available for consideration.
Resolved: The Committee notes the report now submitted.
46 Review of complaints about High Hedges: The Committee considered a report, which provided Members with information relating to the number of complaints against high hedges received and the fees that had been charged. The report also requested the Committee to review the fee level, and if necessary amend it.
The Committee was advised that since the legislation was introduced in 2005, ten complaints had been received. The number of complaints received had been higher when the legislation was first introduced but had now fallen to an average of one per year.
The Committee was informed that research had indicated the costs incurred in dealing with the applications were not self funding, as the fee did not cover the full amount of work. However, a balancing act was required between setting a reasonable fee level to be paid by the complainant and the additional costs that had to be carried by the council tax payers.
The reports set out details of the alternative option to be considered.
Resolved: The Committee:-
- notes the report now submitted; and
- agrees that the existing fee level of £500 and the concessionary rate of £100 continue to apply.
47 Allowed appeal and award of costs against the Council. Planning application A/07/69855 – 385 Manchester Road, Astley: The Committee considered a report, which informed Members of the outcome of an appeal against refusal of planning permission.
The Committee was advised that the appeal was against refusal for the change of use of 385 Manchester Road, Astley, from part estate agent and part living accommodations to funeral director’s business (use class A1) and living accommodation associated with existing first floor residential use. The report also advised Members of the Inspector’s award of costs against the Council.
There were no alternative options available for consideration.
Resolved: The Committee notes the report now submitted.
48 Meeting of the Wigan and St Helens Service Users forum for Building Control and Development Control: The Committee considered a report, which advised Members of the meeting of the Forum for agents held on 30 September 2008.
There were no alternative options available for consideration.
Resolved: The Committee notes the report now submitted.
49 Wigan Local Development Framework – 4th annual monitoring report: The Committee considered a report, which would be considered by Cabinet, that informed Members of the fourth annual monitoring report on the Council’s Local Development Framework. The report was required to be submitted to the Secretary of State before the end of December 2008.
There were no alternative options available for consideration.
Resolved: The Committee endorses the report now submitted.
50 Information items: There were none.
41 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.
APPLICATIONS APPROVED, REJECTED OR DEFERRED BY COMMITTEE
Planning applications:
A/08/71790 To extend dwellinghouse, two storey to rear together with conservatory.
Location: 3 Barton Street Golborne (Golborne And Lowton West)
Applicant: Mrs Whitaker
Letters and e-mails of objection received from and on behalf of local residents and Councillor G Bretherton. Letter received from Ian McCartney MP on behalf of neighbouring property and E-mail received from Councillor M Klieve.
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 IPB/08/WHITAKER received 25.07.2008 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. Notwithstanding the details shown on the approved plans, no additional windows shall be inserted at any time into any external elevation or roof plane except with the written approval of the Local Planning Authority.
4. Prior to the first occupation or use of the building for its approved use obscure glazing shall be fitted and retained at all times in the window openings described below:
- 1 No. ground floor kitchen window in side elevation;
- 1 No. ground floor bathroom window in rear elevation;
- 3 No. ground floor conservatory windows in (northern) side elevation;
- 3 No. ground floor conservatory windows in (southern) side elevation.
- 5. Provision shall be made on the site for the parking of 2 cars at all times.
Reasons:
1. For the avoidance of doubt, and having regard to Policy EV3A of the Wigan Replacement Unitary Development Plan.
2. To ensure that the external appearance of the buildings is satisfactory, having regard to Policy EV3A of the Wigan Replacement Unitary Development Plan.
3. To prevent overlooking to neighbouring property, as required by Policies R1D and EV3A of the Wigan Replacement Unitary Development Plan.
4. To prevent overlooking to neighbouring property, as required by Policies R1D and EV3A of the Wigan Replacement Unitary Development Plan.
5. To allow for vehicles visiting the site to be parked clear of the public highway, in accordance with Policies A1R and A1S of the Wigan Replacement Unitary Development Plan.
A/08/71853 To extend existing shopping precinct to create 4 no. additional retail units with addition of new first floor above southern block and two floors above the northern block to create 36 no. apartments together with alterations to car park and associated landscaping.
Location: Winstanley Shopping Precinct Holmes House Avenue (Winstanley)
Applicant: Properties M/C Ltd
Letters and emails of objection received from local residents and Councillor’s R Winkworth and W 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 AL_90_001, AL_21_001 Rev A, AL_21_002 Rev A, AL_21_003 Rev A, AL_21_004 Rev A, AE_21_001 Rev A, AE_21_002 Rev A, A_21_003 Rev A received 29.8.2008 and AL_95_001 Rev C received 21.10.2008 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 details of the sliding louvered panels and balconies, 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 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 six 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.
4. The arrangements for the provision of on site affordable housing (commensurate with the number of dwellings proposed) in accordance with Replacement Unitary Development Plan Policy R1H shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development hereby approved. The scheme shall include details of the timing of the provision of all the affordable housing. The approved arrangements shall be implemented in accordance with the approved scheme. The units provided on site shall be available as affordable housing for both first occupation and all subsequent occupation.
5. 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.
6. Before any part of the development hereby approved is commenced, a scheme detailing the siting and design of secure cycle storage and cycle stands at the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed only in accordance with the approved scheme.
7. Prior to the commencement of the development hereby approved, a scheme detailing the proposed external lighting at the site shall be submitted to and approved in writing by the Local Planning Authority. The lighting shall be angled and hooded to ensure no spillage of light to the adjacent residential properties. The scheme shall be implemented in accordance with the approved details and retained thereafter.
8. Before any part of the development hereby approved is commenced, details of the proposed bin stores shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed only in accordance with the approved scheme.
9. All parking spaces within the development hereby approved shall be available to both residents of the approved apartments and users of the shopping precinct at all times.
10. 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.
11. Before the development hereby approved is commenced, a scheme for protecting the proposed development from noise from road traffic, plant and machinery, deliveries and loading/unloading activities 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 any of the permitted development is occupied (unless otherwise agreed by the Local Planning Authority).
12. Before the development hereby approved is occupied a scheme of insulation of the floor/ceiling between the ground floor commercial uses and first floor residential uses 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 The use hereby permitted shall not be carried out except during the following hours: Monday to Sunday 07.00 to 23.00
14. None of the development hereby permitted shall be commenced until details of the arrangements to mitigate or compensate the air quality impact have been submitted to and approved in writing by the Local Planning Authority. The approved arrangements shall be fully implemented before the uses hereby permitted are first commenced.
15. 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.
16. Before the development hereby approved is commenced, a scheme for the extraction of fumes and odours from existing and proposed premises shall be submitted to and approved by the Local Planning Authority and all work which forms part of the approved scheme shall be carried out and completed before the development is brought into use.
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 help to assimilate the proposed development into its surroundings, having regard to Policy EV3D of the replacement Wigan UDP.
4. In order to ensure adequate provision of affordable housing in accordance with the requirements of Policy R1H of the Replacement Wigan UDP.
5. 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.
6. To ensure that the details of the development are satisfactory, having regard to Policy EV3A and Policy A1S 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 ensure that the external appearance of the buildings is satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.
9. To ensure adequate parking for all users of the site is available in accordance with Policy A1S in the Wigan Replacement UDP.
10. 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.
11. 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.
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 safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A of the replacement Wigan UDP.
14. To ensure that the development does not have an unacceptable impact on air quality, in accordance with Policy EV1B-Pollution.
15. 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.
16. To safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A of the replacement Wigan UDP.
(Councillor’s Mrs J Beswick, R Clayton, G A Fairhurst and J D Hodgkinson requested that their votes against this decision be recorded).
A/08/71641 Construction of two storey detached dwellinghouse. (Resubmission of A/08/71512)
Location: 37 Stanley Road Aspull (Aspull New Springs Whelley)
Applicant: Mr P Lane
Letter of objection received from local resident.
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 0834-PL02/Rev B received 18.08.2008 and 0834-PL01/Rev B received 22.10.2008 or any other plan agreed in writing as a working amendment by the Local Planning Authority.
2. 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.
3. 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.
4. 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), no development within Class A, B, C, D, E and F of Schedule 2 Part 1 shall be carried out unless permission is granted by the Local Planning Authority.
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 in writing 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 full details of the proposed boundary treatment specified on approved drawings 0834-PL01/Rev B and 0834-PL02/Rev B shall be submitted to and approved in writing by the Local Planning Authority and the approved details shall be erected as an integral part of the development in accordance with the approved details and completed to before the dwelling is first occupied.
7. 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.
8. Prior to the commencement of any development, details of the arrangements for the provision of the parking and turning areas within the site shall be submitted to and approved in writing by the Local Planning Authority. Any hard surface shall be made of porous materials, or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site. The duly approved scheme shall be implemented in full prior to first occupation of the house, and shall be retained thereafter.
Reasons:
1. For the avoidance of doubt, and having regard to Policy EV3A of the replacement Wigan UDP.
2. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A and G1C 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. The excluded types of development would not be appropriate on this development/property because of the restricted size of the external amenity areas, having regard to Policy R1D 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. 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.
8. To allow for vehicles to be parked clear of the highway and to reduce surface water run-off, in accordance with Policies A1S, R1D and G1C of the Replacement Wigan UDP.
A/08/71764 To erect single storey detached outbuilding and boundary wall to rear (Re-submission of A/08/70937)
Location: 84 Chorley Road Standish (Aspull New Springs Whelley)
Applicant: Mr A Aspinall
Letter of objection received on behalf of three neighbouring properties
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 805/PL/002 received 28.07.08, 805/PL/004 received 17.10.2008 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 boundary wall and the external walls and roof of the play room 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 outbuilding hereby approved shall only be used incidental to the enjoyment of the residential dwellinghouse and for no other purposes, unless other-wise agreed in writing 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 safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A of the replacement Wigan UDP.
