Home > Services > Council and Democracy > Council, Cabinet and Committees > Minutes > 2008-09 > January 2009

• Councillor J Hilton (Chairman)
• Councillor Mrs E Smethurst (Vice Chairman)
• Councillor Mrs J Beswick
• Councillor B Bowen
• Councillor W Carney
• Councillor R Clayton
• Councillor Mrs P Cullen
• Councillor G A Fairhurst
• Councillor Mrs S J Greensmith
• Councillor J D Hodgkinson
• Councillor P L Holland
• Councillor Mrs Y Klieve
• Councillor P A Liptrot
• Councillor Mrs J Prescott

57 Apologies for absence: There were none.

58 Minutes: The minutes of the meeting of this Committee held on 2 December 2008 were approved as a correct record.

59 Planning appeals: The Committee considered a report setting out the following appeals which had been lodged since 7 October 2008. The number of appeals received during 2008 was 47.

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/04/61939 07/23/2004	Construction of an access road and associated junction off the A580 East Lancashire Road together with a screen mound and woodland planting (as part of proposed racecourse, golf course and forest centre development on adjoining land in Salford). Land Adjacent Whitehead Brook, Chaddock Lane And East Lancashire Road Boothstown Tyldesley (Astley Mosley Common) Peel Investments (North) Limited	Non-Determination	Delegated Public Inquiry
A/08/70717 9/25/2008	Retrospective Application ; To retain Marquee to rear of the public house Ross's Arms 130 Higher Green Lane Astley Tyldesley Manchester M29 7JB (Astley Mosley Common) Eamon Gall	Refuse	Delegated Written Representation
A/08/70996 11/17/2008	To retain use of land as extended garden curtilage (Retrospective Application) Land Adjacent 2 Belvedere Road Ashton-In-Makerfield Wigan WN4 8RU (Ashton) Mr & Mrs Morris	Refuse	Delegated Written Representation
A/08/71084 04/03/2008	Outline Application: to develop approx 0.1ha of land for residential purposes following demolition of existing buildings (All matters reserved) 19 - 21 Fleet Street Wigan WN5 0DU (Pemberton) P Bode	Non Determination	Delegated Written Representation
A/08/71086 9/16/2008	Erection of detached double garage linked to existing garage block. 52D Higher Green Lane Astley Tyldesley Manchester M29 7HZ (Astley Mosley Common) Mr & Mrs J Sweeney	Refuse	Delegated Written Representation
A/08/71239 10/6/2008	To extend dwellinghouse, first floor to rear. 249 Douglas Road Atherton Manchester M46 9FE (Atherton) Mr P Walsh	Refuse	Delegated Written Representation
A/08/71317 11/20/2008	To retain use of land as extended garden curtilage (retrospective application.) 73 Camberwell Crescent Wigan WN2 1BD (Aspull New Springs Whelley) Mr Nic Clark	Refuse	Delegated Written Representation
A/08/71454 11/4/2008	Retrospective Application - Change of use of land to include as part of garden curtilage. 1 Horsham Grove Wigan WN2 1AP (Aspull New Springs Whelley) Mr R Hinds	Refuse	Delegated Written Representation
A/08/71638 10/17/2008	To retain garage to side together with front dormer window (-Retrospective Application). 1 Kilburn Close Leigh WN7 5PS (Leigh West) Mr Shaun Atherton	Refuse	Delegated Written Representation
A/08/71660 11/4/2008	Certificate of Lawfulness for the continued use of land for caravan storage. Langley Hall Farm North Road Atherton Manchester M46 0RF (Atherton) Mr J Blakemore	Refuse LUC	Delegated Public Inquiry
A/08/71686 11/3/2008	To retain use of land as extended garden curtilage (Retrospective Application) 8 Trinity Gardens Ashton-In-Makerfield Wigan WN4 9SD (Bryn) Mr Bradley Reid	Refuse	Delegated Written Representation
A/08/71718 12/4/2008	Prior notification to install 1no. 11.3m high monopole mast with 3no. antennas (overall height 15m) and development ancillary thereto following removal of existing monopole. Footpath Of Bridge Over West Coast Railway Line Spencer Road West Wigan (Wigan West) Telefonica O2 UK Limited	Refuse	Delegated Written Representation
A/08/71772 12/11/2008	To retain extended garden curtilage and boundary fence. 8 Pennington Avenue Leigh WN7 3JD (Leigh South) Ms Patricia Bollesty	Refuse	Delegated Written Representation
A/08/71782 11/3/2008	To extend dwellinghouse; two storey to side together with single storey to front and rear following demolition of existing garage. 8 Devon Close Aspull Wigan WN2 1XX (Aspull New Springs Whelley) Mr. C. Bowen	Refuse	Delegated Informal Hearing

Enforcement Appeal Lodged

Application No and Date Appeal Lodged	Development, Location, Ward and Appellant	Method of Dealing with Appeal
07/00708/USEC 24.10.2008	Site At Rear Of 89 Legh Street and Land To Rear Of 89 Legh Street Golborne WA3 3NY (Golborne and Lowton West) Philip Affleck and Ami Unsworth	Written Representation

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

Appeals Dismissed

Application No	Development, Location, Ward and Appellant	Officer’s Recommendation	Committee or Delegated Decision
A/07/70220	To install ATM in front elevation of premises Post Office 36 Heath Street Golborne Warrington WA3 3AD (Golborne And Lowton West) The Post Office Ltd	Refuse	Delegated
A/08/70423	To use land as extended garden curtilage.  (Re-submission of A/07/68472 - Refused). Open Land East Of 7 Lancaster Avenue Atherton (Atherton) Mr & Mrs Ratcliffe	Refuse	Delegated
A/08/70432	To erect 1no. two storey dwellinghouse, with associated detached double garage and 1no. bungalow following demolition of existing dwellinghouse, together with formation of vehicular access on The Fields. (Re-submission of A/07/70180). 50 Ashfield Park Drive Standish Wigan WN6 0EG (Standish With Langtree) Mr & Mrs A Jones	Non Determination	Delegated
A/08/70538	Erection of 12 houses with access off Delphside Close. Former Coal Yard Land Off  Delphside Close Off Sandbrook Road Orrell Wigan WN5 8UB (Orrell) Mr E Cross	Refuse	Delegated
A/08/70596	To retain detached garage to front of property.  (Retrospective Application) 27 Wigan Lower Road Standish Lower Ground Wigan WN6 8LY (Shevington With Lower Ground) Mr D Pickup	Refuse	Delegated
A/08/70658	To extend dwellinghouse, single storey to side following demolition of existing conservatory (Re-submission of A/07/69557) North Hall Lodge Chorley Road Standish Wigan WN1 2XJ (Aspull New Springs Whelley) Ms M Ainscough And Mr C Clarke-Tomlinson	Refuse	Delegated
A/08/70758	To incorporate land as extended garden curtilages. Land To Rear Of  17, 19, 21 and 16 Melton Close Tyldesley Manchester M29 7PP (Tyldesley) The Occupiers Of	Refuse	Delegated
A/08/70789	To extend dwellinghouse - single storey to rear 4 Alder House Cottages Alder Street Atherton Manchester M46 9FJ (Atherton) Mr P Barker	Refuse	Delegated

Planning Appeals with Costs

Application No	Development, Location, Ward and Appellant	Officer’s Recommendation	Committee or Delegated Decision
A/07/69484	To convert hotel into 20 No apartments, erection of building containing 8 No apartments along with underground car park and associated landscaping Ashfield House Ashfield Park Drive Standish Wigan WN6 0EE (Standish With Langtree) Langtree Homes Limited	Refuse	Delegated
	Costs usually relate to the Planning merits of the case.  In this instance the Inspector agreed with the Council’s Planning Decision.  Some limited costs were awarded relating to enhanced consultation requirements.
A/07/69855	Change of use of premises from part Estate Agency and part living accommodation to Funeral Directors Business (Use Class A1) and living accommodation associated with existing first floor residential use.  Re-submission of A/07/68377 - Refused). 385 Manchester Road Astley Tyldesley Manchester M29 7BY Astley Mosley Common Braeside Property Holdings Limited	Approve with Conditions	Committee
	The Inspector said there was no evidence of reasonable Planning grounds to support the refusal which was taken contrary to the officer’s advice.
A/08/70506	To remove agricultural occupancy condition attached to a dwelling. (Condition no. 2 Application no. 12/9/3669) Hadbutt House Hadbutt Lane Tyldesley (Astley Mosley Common) Mr and Mrs H J Lender	Refuse	Delegated
	The Inspector stated there was no evidence of the rural economy in the area which is now strongly urbanised.

Planning Appeals Allowed

Application No	Development, Location, Ward and Appellant	Officer’s Recommendation	Committee or Delegated Decision
ADV/08/05382	To display 1no. externally illuminated totem sign, 1no. internally illuminated canopy sign and 4no. sets of internally illuminated letters Park Inn Hotel Leigh Sports Village Atherleigh Way Leigh (Leigh South) LPI Hotels Ltd	Part Approve/Refuse	Delegated

Planning Appeals Allowed with Conditions

Application No	Development, Location, Ward and Appellant	Officer’s Recommendation	Committee or Delegated Decision
A/07/70149	Alterations and extensions to existing agricultural building for livery purposes (15no. stables), together with construction of menage.  (Re-submission of A/07/68056) Hillside Cottage Pendlebury Lane Haigh Wigan WN2 1LT (Aspull New Springs Whelley) Northern Star Livery Stables	Refuse	Delegated
A/07/70320	To extend dwellinghouse first floor to side/rear 2A The Nook Appley Bridge Wigan WN6 9JB (Shevington With Lower Ground) Anthony W Banks	Refuse	Delegated

Planning Appeals Withdrawn

Application No	Development, Location, Ward and Appellant	Officer’s Recommendation	Committee or Delegated Decision
A/08/71022	Conversion of house in multiple occupation to 9no. self contained flats. St Josephs Presbytery 11 Caroline Street Wigan WN3 4EL (Douglas) Jamie Fletcher	Non Determination	Delegated
A/08/71033	Internal and external alterations to form 9no. self contained flats at Grade II Listed Building. St Josephs Presbytery 11 Caroline Street Wigan WN3 4EL (Douglas) Jamie Fletcher	Non Determination	Delegated

60 Pennington, Leigh conservation area appraisal: The Committee considered a report, which had been considered by Cabinet (minute 174 refers), that informed Members of the results of a consultation of Pennington Leigh conservation area appraisal and management proposal. The consultation had resulted in one proposed boundary change to the existing conservation area, in order to promote the historic development of the area and the significance of the old Pennington hall grounds.

Resolved: The Committee notes the report.

61 Park Road, Golborne conservation area appraisal: The Committee considered a report that, which had been considered by Cabinet (minute 175 refers), that informed Members of the results of a consultation of Park Road conservation area appraisal and management proposal. The consultation had resulted in several boundary changes to the existing conservation area, in order to promote the historic development of the area.

Resolved: The Committee notes the report.

62 Golborne Town Centre conservation area appraisal: The Committee considered a report that, which had been considered by Cabinet (minute 176 refers), that informed Members of the results of a consultation of Golborne Town Centre conservation area appraisal and management proposal. The consultation had resulted in one boundary change to the existing conservation area, in order to preserve an area of local significance which had a positive impact on the character and appearance of the conservation area.

Resolved: The Committee notes the report.

63 Appeal against non-determination of application A/08/70657; removal of condition 15 of A/0769537: The Committee considered a report, that informed Members of the latest position of the Council in relation to the preparation of the Council’s case for the forthcoming public inquiry.

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

Resolved: The Committee:-

• agrees all the options for the siting of plot 1, as detailed within the report now submitted, are acceptable on the plot in terms of the relationship to the properties on Chorley Road and that they could therefore be considered appropriate to discharge condition 15 on planning permission A/07/69537;
• requests the Executive Director of Environmental Services advises the developer that the condition would be discharged if one of these sitings is formally submitted;
• agrees to include the three alternative sitings for the house on plot 1 in the Council’s evidence at the appeal; and
• agrees that application A/08/71954 would have been refused for the same reason as application A/08/70657 (as stated in paragraph 1.6 of the report) and that the Council’s case at appeal should be presented on this basis.

(The Chairman (Councillor J Hilton) vacated the Chair and left the meeting during consideration of this report. The Vice Chairman (Councillor Mrs E Smethurst) occupied the chair during consideration of this report).

64 Information items: There were none.

65 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/08/72045 To erect 5 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

Letters of objection received from local residents and Councillor G Wilkes. A letter and an email of support received from local residents

Decision: APPROVED

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 27.15/PL/01 Revision E, received 20.11.2008, 27.15/PL/02 Revision A, received 07.11.2008, 27.15/PL/03 Revision B, received 20.11.2008 and 27.15/PL/04 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 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.

4. 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.

5. 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.

6. 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.

7. Before any part of development hereby approved is commenced details of the hard or soft surfacing proposed to be used within any root protection area of any protected tree shall be submitted to and approved in writing by the local planning authority. The agreed details shall be implemented in full and maintained at all times.

8. Prior to the commencement of any development, details of the arrangements for the provision of 2 car parking space(s) within the residential curtilages of plots 1, 2 and 3 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 extension, and shall be retained thereafter.

9. 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.

10. 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.

11. 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.

12. Before the development hereby approved is commenced details of the proposed screen walls or fences shall be submitted to and approved in writing 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.

13. 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.

14. Before of the development hereby approved is commenced details of facilities that will provide roosting and nesting opportunities for birds and bats shall be submitted to and approved in writing by the local authority. The agreed details shall be implemented in full and maintained at all times.

15. Before any development hereby approved is commenced details of a scheme to reconstruct the known defective culvert as shown on plan reference FP-01 shall be submitted to and approved in writing by the local planning authority. The scheme shall be fully implemented before any commencement of development on the site and subsequently maintained in full accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed in writing by the local planning authority.

16. The development permitted by this planning permission shall only be carried out in accordance with the approved FRA July 2004 and Addendum to Flood Risk Assessment September 2008, and the following mitigation measures detailed within the FRA:

1) To safeguard the occupants by the adequate raising of finished floor levels of each of the dwellings at a level not less than 51.30m above Ordnance Datum (AOD),

2) Reduction of flood risk by the use of flood resistant materials and techniques in the construction of the dwellings and associated buildings.

3) To prevent flooding to the site and elsewhere by ensuring the restricted discharge and satisfactory storage of surface water from the site.

Details of the above must be submitted to and approved in writing by the local planning authority. The agreed details shall be implemented in full and maintained at all times.

17. The development hereby approved shall not be commenced until such a time that a surface water regulations scheme has been submitted to, and approved in writing by, the Local Panning Authority in consultation with the Environment Agency. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority

18. Before any part of the development hereby approved is commenced a scheme for the provision and management of a buffer zone alongside the watercourse shown hatched on approved plan 27.15/PL/01 Revision D, shall be submitted to and agreed in writing by the local planning authority. The scheme shall include:

• plans showing the extent and layout of the buffer zone;
• details demonstrating how the buffer zone will be protected during development and
• managed/maintained over the longer term;
• details of any footpaths, fencing, lighting etc.

The development shall be carried out in full accordance with the approved scheme and any subsequent amendments shall be agreed in writing with 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 help to assimilate the proposed development into its surroundings, having regard to Policy EV3D of the replacement Wigan UDP.

4. 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.

5. 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.

6. 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.

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.

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.

9. 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.

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

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

13. 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.

14. To provide facilities for legally protected species having general regard to Policy EV2D of the Replacement Wigan UDP.

15. In order to protect the site and the surrounding areas from flooding having regard to Policy G1C of the Replacement Wigan UDP.

16. In order to protect the site and the surrounding areas from flooding having regard to Policy G1C of the Replacement Wigan UDP.

17. In order to protect the site and the surrounding areas from flooding having regard to Policy G1C of the Replacement Wigan UDP.

18. To protect potential habitat for legally protected species having general regard to Policy EV2D of the Replacement Wigan UDP.

(Councillors W Carney, R Clayton, D J Hodgkinson and P A Liptrot requested their votes against this decision be recorded).

A/08/72198 To retain double garage and land to rear of 122 Cale Lane for the parking of commercial vehicles.

Location: Land to rear of 122 Cale Lane, Aspull (Aspull New Springs Whelley ward)

Applicant: G Howard

Decision: DEFERRED FOR SITE VISIT