Planning Committee - Tuesday 2 December 2008

Planning Committee minutes - 2 December 2008

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

52 Apologies for absence: Councillors W Carney and P L Holland.

53 Minutes: The minutes of the meeting of this Committee held on 4 November 2008 were approved as a correct record.

54 Appeal by Peel Investments (North) Ltd – planning application A/04/61939: The Committee considered a report, that informed Members of the decision by Peel Investments (North) Ltd to appeal against the failure of Salford Council and Wigan Council to determine two planning applications within the prescribed period.

The Committee was advised that the two planning applications were for a large recreational development astride the boundary of Wigan and Salford. The overall site was an area of mainly open land on the western edge of the core of the Greater Manchester conurbation occupying 686 hectares. The site included in the Wigan planning application had an area of 11 hectares.

The Council was now required to inform the Secretary of State of its views on the proposed development included in the planning application A/04/61939. The Council also had a duty to inform Salford Council of its views on the proposal, as the neighbouring local planning authority.

The reports set out details of the alternative option to be considered.

Resolved: The Committee, having given due consideration to the terms of environmental impact assessment and all other material considerations:-

  • agrees to inform the Secretary of State:-
    • that the development proposed in planning application A/04/61939 would not maintain the openness of the Green Belt as required by policy GB1 of the replacement Wigan Unitary Development Plan (UDP). This means that planning permission should only be granted for such inappropriate development, if it can be demonstrated that there are very special circumstances for allowing the overall proposed development, mainly on adjoining land also within the Green Belt, that is included in planning application 04/48940/HYBEIA. It is for the applicant to demonstrate such circumstances;
    • the local planning authority has considered the proposed access arrangements against the requirements of policy A1 and A1A of the Replacement Wigan UDP and does no consider that it would be justified in refusing planning permission for traffic, road safety or road capacity reasons. Nevertheless, it reserves the right to reconsider its position should the outstanding Highways Agency Direction, relating to the other access to the site, off the M60 motorway, produce an outcome that would materially increase the amount of vehicular traffic likely to use the proposed road junction that is the subject of application A/04/61939;
    • the local planning authority has considered the impact that the proposed development would have on air quality in the vicinity of the site, as required by policy EV1B of the Replacement Wigan UDP. It has concluded that it would not be justified in refusing planning permission on the basis that the development would have an unacceptable impact on air quality. Nevertheless it considers that further methods for mitigating or compensating for the air quality impacts that would result from the development should be investigated by the applicant and agreed with the local planning authority, in accordance with section 5 of the Council’s Supplementary Planning Document on Development and Air Quality. This issue would be best addressed through a Section 106 obligation; and
    • if planning permission is granted it should be subject to the planning conditions set out in the report.
  • agrees that this report is the Council’s statement of case, which has to be submitted to the Planning Inspectorate, for the purposes of the planning appeal; and
  • advises Salford City Council of its views on application 04/48940/HYBEIA as set out in the report.

55 Information items: There were none.

56 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/08/72030 To erect one two-storey detached dwellinghouse and integral double garage

Location: Land to rear of 551 to 569 Warrington Road, Abram (Abram Ward)

Applicant: J Raftrey

Letter of objection received from a 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 JR/WR/DP01.B; JR/WR/DS01.A; GR/AM/TF01; JR/WR/SS01.B; JR/WR/PD01.A and JR/WR/PD02.B 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. Prior to the commencement of any development, details of the arrangements for the provision of 2 car parking spaces 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 dwellinghouse. The duly approved scheme shall be implemented in full prior to first occupation of the approved dwelling, and shall be retained thereafter.

4. 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.

5. Prior to the first occupation or use of the building for its approved use obscure glazing shall be fitted and retained in:

  • the ensuite window on the first floor of the eastern elevation; and
  • the bathroom window on the first floor of the northern elevation.

6. 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.

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.

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 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.

4&5. To prevent overlooking to neighbouring property, as required by Policies R1D and EV3A of the replacement Wigan UDP.

6. To safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A 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.

(Councillor Mrs E Smethurst declared that she had fettered her discretion in dealing with this application as she had formed a view on it in advance of the application being considered and left the meeting during discussion thereon).

(Councillors J D Hodgkinson and P A LIptrot requested that their abstentions from voting be recorded).

A/08/71250 To convert existing dwellinghouse into two apartments.

Location: 278 Wigan Lane, Wigan (Wigan Central Ward)

Applicant: M Jones

22 individual letters of objection received from 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 plan reference 08029/01/01 rev C, 08029/02/A and 08029/03 or any other plan agreed in writing as a working amendment by the Local Planning Authority.

2. Before the development hereby approved is commenced, a scheme for protecting the proposed development from noise from road traffic of Wigan Lane 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).

3. Prior to the first occupation of either of the flats hereby permitted, the car parking spaces and driveway shown on drawing No.08029/03 - Car Parking Plan, shall be fully available and retained thereafter.

4. Prior to the commencement of development details indicating the positions, design, materials and type of boundary treatment to be erected shall be submitted to and approved in writing by the Local Planning Authority. Such approved boundary treatments shall be completed before the first occupation of either of the flats hereby permitted, and thereafter retained unless otherwise agreed in writing by the Local Planning Authority.

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.

Reasons:

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

2. 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.

3. To allow for vehicles visiting the site to be parked clear of the public highway, in accordance with Policies 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 EV4A 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.

(Councillor Mrs J Beswick declared a prejudicial interest in this application because she knows the applicant and left the meeting during discussion thereon)

(Councillor R Clayton requested that his vote against this decision be recorded).

A/08/72045 To erect five detached dwellinghouses on land to be severed from garden curtilage at 50 Fairholme Avenue. Together with formation of new access to side of 50 Fairholme Avenue (Re-submission of A/07/69959).

Location: 50 Fairholme Avenue, Ashton-in-Makerfield (Bryn Ward)

Applicant: Frank Phillips Builders Ltd

Decision: DEFERRED FOR SITE VISIT

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