Present at the meeting:
- 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 J Ellis
- Councillor G A Fairhurst
- Councillor P L Holland
- Councillor Mrs Y Klieve
- Councillor P A Liptrot
- Councillor Mrs J Prescott
72 Apologies for absence: Councillor Mrs S J Greensmith.
73 Welcome to new Members: On behalf of the Committee, the Chairman extended a warm welcome to Councillor J Ellis.
74 Minutes: The minutes of the meeting of this Committee held on 3 February 2009 were approved as a correct record.
75 Planning appeals: The Committee considered a report setting out the following appeals which had been lodged since 6 January 2009. The number of appeals received during 2008 was 51.
|
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/08/71112
16 January 2009 |
Outline Application for residential development together with means of access (All other matters reserved) Ashtons Tenement Farm, 11 Bickershaw Lane, Bickershaw, WN2 5PL Abram)
Mr D Owen |
Refuse |
Delegated
Written Representation |
|
A/08/71949
16 December 2008 |
To convert existing offices at first and second floors into 6 no self contained flats together with erection of access ramp at rear ground floor entrance, layout of 6 no car parking spaces and associated access thereto (Re-submission of A/08/71059) Valentinos, 34A Leigh Road, Leigh, WN7 1QR
(Leigh East)
Mr N Barghouti |
Refuse |
Delegated
Written Representation |
|
A/08/72006
28 January 2009 |
To extend dwellinghouse; single storey sun room to rear.
Rectory House, 3 Rectory Farm, Rectory Lane, Standish, Wigan, WN6 0XD
(Standish With Langtree)
Dr T P Marwick |
Refuse |
Delegated
Written Representation |
Enforcement Appeal Lodged
| Application No. and Date Appeal Lodged |
Development, Location, Ward and Appellant |
Method of Dealing with Appeal |
|
A/08/71112
16 January 2009 |
32 Mansart Close,
Ashton-in-Makerfield, Wigan
WN4 8XX
(Ashton)
Ian Klieve |
Written Representation |
Notifications had been received from the Department of Communities and Local Government that the under-mentioned appeals had been determined as follows:-
| Application No. |
Development, Location, Ward and Appellant |
Officer’s Recommendation |
Committee or Delegated Decision |
Appeals Dismissed
| A/08/70604 |
To retain smoking shelter to rear of public house
(Retrospective Application)
The Avenue PH, Norley Hall Avenue, Wigan, WN5 7EF
(Pemberton)
Weston Castle Limited |
Refuse |
Delegated |
| A/08/70717 |
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 |
| A/08/71084 |
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 |
| A/08/71086 |
Erection of detached double garage linked to existing garage block.
52D Higher Green Lane, Astley, Tyldesley, Manchester, M29 7HZ
(Astley Mosley Common)
Mr and Mrs J Sweeney |
Refuse |
Delegated |
| A/08/71239 |
To extend dwellinghouse, first floor to rear.
249 Douglas Road, Atherton, Manchester, M46 9FE
(Atherton)
Mr P Walsh |
Refuse |
|
| A/08/71638 |
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 |
|
ADV/08/05432
|
To display 1 no internally illuminated double sided free standing advertisement unit
301 - 305 Ormskirk Road, Wigan, WN5 9DN
(Douglas)
Mr Matt Swindles |
Refuse |
Delegated |
| ADV/08/05433 |
Consent to display 2 no. externally illuminated wall mounted signs
Wigan Motor Cycles, 104 - 108 Wallgate, Wigan, WN3 4AB
(Douglas)
Tudor (N.W.) Limited |
Refuse |
Delegated |
(Councillor Mrs J Prescott declared a personal interest in this item due to her husband’s involvement in applications A/08/70604 and A/08/71084).
76 Article 4 directions – Wigan Lane Conservation Area: The Committee considered a report, which informed Members that following householders’ consultation, a Direction under Article 4(2) of the Town and Country Planning (General Permitted Development) Order 1995 was made in respect of properties on Somerville Road, Wigan.
The Direction was published in the Wigan Observer. No public representations were received in response to the press notice.
Resolved: The Committee:-
- notes that a Direction under Article 4(2) of the Town and Country Planning (General Permitted Development) Order 1995, in the form appended to the report, has been made in respect of the properties known as 3, 5, 7, 9, 11, 13 and 15 Somerville Road, Wigan; and
- confirms the Article 4(2) Direction.
77 Development control performance in the first half of 2008/09 and Planning Committee survey: The Committee considered a report, which informed Members of the performance of the Development Control service during the first half of the current financial year. The report also informed Members of the results of a survey to gauge satisfaction levels of members of the public who attended Planning Committee meetings.
Resolved: The Committee notes the report.
78 Information items: There were none.
79 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/08/72298 Residential Development; To erect 21 dwellings comprising of mixed housing and apartments together with access, associated car parking and landscaping.
Location: Land adjacent to 234 Orrell Road and land to former Speakman (Coach Builders) Ltd, Orrell Road, Orrell (Orrell Ward)
Applicant: Hagan Homes
2 letters of objection received from residents and 1 letter of objection received from Councillor M W Winstanley.
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;
Design and Access Statement Location Plan
Drwg no. 08/008/P06
Drwg no. 08/008/P07 Rev A
Drwg no. 08/008/F02 all received on 3.12.2009
Proposed Site Layout Drwg no. 08/008/P01 Rev E received on 17.02.2009
Drwg no. 08/008/P08 Rev B received on 6.02.2009
Drwg no. 08/008/F04 Rev A received on 06.02.2009
Drwg n0. 08/008/F05 received on 17.02.2009
or any other plan agreed in writing as a working amendment by the Local Planning Authority.
2. Notwithstanding any details of materials indicated on the hereby approved plans, before any part of the development hereby approved is commenced, particulars/samples of the materials to be used for the external walls, roofs, boundary walls, the window frames 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. Before the development hereby approved is commenced, a scheme for protecting the proposed development from noise from Moor Cottage farm and haulage company to the north of the site, car repair garage to the east of the site and from Orrell Road 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).
4. 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.
5. 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. The landscape scheme should include the planting of live trees throughout the site. Larger open areas to accommodate Fastigiate Oak 14-16cm girth and smaller open space areas to be planted with a mixture of Pryrus calleriana 'Chanticleer', Sorbus aucuparia, Betula pendula and Carpinus Betulus 12-14cm girth. The scheme should also indicate the treatment of landscape areas L1-L6 indicated on approved plan ref: Site Layout Dwg no. 08/008/P01/Rev E, and permeable surfaces to the forecourts, parking areas and paving. All planting shall be maintained thereafter.
6. 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.
7. 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.
8. 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.
9. The only trees to be felled shall be those indicated on approved site plan drwg no.08/008/P01 Rev D and no others at any time.
10. Prior to the commencement of the construction of any building hereby approved provision shall be made on the site for:
Storage of building materials, equipment, and plant.
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.
11. Notwithstanding the fence detail as indicated on plan ref: drwg no. 08/008/P01 Rev E, details of proposed screen walls and fences around and within the perimeter of the site, also low level fencing around the landscape areas (L1 - L6) and low level railings to private amenity space to the apartments 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 plot before the dwelling within is first occupied.
12. Notwithstanding the details shown on the approved plans, no additional windows shall be inserted at any time into the south facing gable elevation of the dwelling in plot 21 without the written approval of the Local Planning Authority.
13. Prior to the first occupation or use of the building for its approved use obscure glazing shall be fitted and retained at all times to the window at first floor level in the south facing gable elevation of the dwelling in plot 21, as indicated on plan ref: Drwg no. 08/008/P08 Rev B. 14. 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.
15. 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 fence, wall or other means of enclosure shall be erected or constructed beyond the forward most part of the dwelling(s) plots 7 - 11 as indicated on plan ref: site plan drwg no. 08/008/P01 Rev E, unless permission is granted in writing by the Local Planning Authority.
16. 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, F of Schedule 2 Part 1; shall be carried out unless permission is granted by the Local Planning Authority.
17. No part of the development hereby approved shall be commenced until a scheme detailing the improvement works to the footpath along Orrell Road adjacent to the site and the new vehicle / pedestrian access has been submitted for the written approval of the Local Planning Authority. No part of the development hereby approved shall be utilised or first occupied until the approved scheme has been fully implemented. The scheme shall be maintained at all times, unless otherwise agreed in writing by the LPA.
18. No form of access shall be incorporated into the dividing fence which separates the amenity space of plot 7 from landscape area L6 as indicated on plan ref: Site Layout 08/008/P01 Rev E received on 17.02.2009.
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 and surrounding boundary treatment is satisfactory, having regard to Policy EV3A and R1D of the replacement Wigan UDP.
3. 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.
4. 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.
5. To help to assimilate the proposed development into its surroundings, having regard to Policy EV3D 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. 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.
8. 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.
9. The existing trees and shrubs which are to be maintained represent a visual amenity which the Local Planning Authority consider should be substantially maintained, in accordance with Policy EV2E of the replacement Wigan UDP.
10. To ensure that construction materials, equipment and associated structures are not detrimental to the amenity of the area having regard to Policy A1S of the Replacement Wigan UDP.
11. To ensure that the overall design and appearance of the development fits in with the surrounding area, having regard to Policy EV3A of the replacement Wigan UDP.
12. To prevent overlooking to neighbouring property, as required by Policies R1D and EV3A of the replacement Wigan UDP.
13. To prevent overlooking to neighbouring property, as required by Policies R1D and EV3A of the replacement Wigan UDP.
14. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A and G1C of the replacement Wigan UDP.
15. To maintain the open character within the site and to ensure the off-road car parking provision is not compromised having regard to policy EV3A, R1D and A1S of the replacement Wigan UDP.
16. To safeguard the quantity and quality of amenity space to each dwelling, to protect the trees to the west of the site and to respect the character and appearance of the surrounding area, having regard to Policy EV3A, R1D, G1A and EV2E of the replacement Wigan UDP.
17. To ensure that the vehicle entrance is satisfactory and the footpath to Orrell Road meets highway standards, having regard to policy EV3A, R1D and A1R of the Wigan replacement UDP.
18. To preserve and maintain the community and visual value of the open space within the development, in accordance with policy EV3A, EV2E, G1A and C1C of the replacement Wigan UDP.
(Councillors R Clayton, J Ellis and P Liptrot requested that their votes against this decision be recorded).
A/09/72358 To erect 5 bedroom dwelling - part reserved matters of A/06/67345.
Location: Land to the rear of 6 Rowton Rise, Standish (Aspull New Springs Whelley Ward)
Applicant: Five Star (Development) Homes Ltd.
9 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 FSH 8002.21.0, FSH 8002.21.1, FSH 8002.21.2 and FSH 8002.21.3 all received 29.12.2008 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 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 the dwelling before the dwelling is first occupied.
3. All car parking, means of enclosure and treatment of hard surfaces not built upon shall be completed before the use of the land/buildings hereby approved is commenced.
4. 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.
5. Before the development hereby approved is commenced the following information shall be submitted to and approved in writing by the Local Planning Authority:
ii) 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.
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 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.
7. Prior to the commencement of any excavation or construction works or the entry of vehicles or plant into the site, all existing trees, shrubs and hedges on and adjacent to the site shall be physically protected from damage by plant, equipment, vehicles, excavation, deposit of excavated material and any other cause. This shall be achieved by the erection of 2.3 m high fencing using vertical and horizontal scaffolding poles, or other stout fencing to Local Authority approval with the uprights driven well into the ground, erected in accordance with BS5837:2005, outside the canopy, in accordance with and appearing on the approved plan. The fencing shall be maintained for the duration of the development operations and no operations whatsoever shall take place within it.
Any trees or hedges removed without consent, which are dying or seriously damaged or becoming seriously diseased within 60 months following completion of the development shall be replaced with trees of such size and species and within such a period as may be agreed by the Local Planning Authority.
8. 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.
9. 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.
10. Any development of the site shall be drained on separate foul and surface water systems. All foul drainage shall be connected to the foul sewers and only uncontaminated surface water shall be connected to the surface water system.
11. No trees shall be pruned, felled or up-rooted and no shrubs or hedges shall be cut down or destroyed without the approval in writing of the Local Planning Authority, pending the determination of the application for approval of reserved matters. Any pruning which is approved shall be to BS3998.
12. Before the development hereby approved is commenced, details of the method of surface water and foul water drainage from the site and a 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 and shall be installed in accordance with the approved details as an integral part of the development. No occupation or use of any buildings hereby approved shall commence until it has been connected to the approved drainage system.
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 occupation of any of the buildings hereby permitted.
Reasons:
1. For the avoidance of doubt, and having regard to Policy EV3A of the replacement Wigan UDP.
2. To ensure that the details of the development are 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. To ensure that the external appearance of the buildings is satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.
5. To ensure that the details of the development are satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.
6. To help to assimilate the proposed development into its surroundings, having regard to Policy EV3D 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 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.
9. 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.
10. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A and G1C of the replacement Wigan UDP.
11. 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.
12. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A and G1C 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.
(The Chairman (Councillor J Hilton) vacated the Chair and left the meeting during consideration of this application. The Vice Chairman (Councillor Mrs E Smethurst) occupied the chair during consideration of this report).
(Councillor P A Liptrot declared a prejudicial interest in this item because he is a friend of the applicant’s agent and left the meeting during discussion thereon).
(Councillors J Ellis and G A Fairhurst requested that their votes against this decision be recorded).
A/08/72086 Change of use from existing retail unit (A1) to hot food takeaway (A5)
Location: 667 Ormskirk Road, Wigan (Pemberton Ward)
Applicant: M Al Duofani
27 letters of objection received from local residents and 1 letter of objection received from Councillor P Prescott.
Decision: REFUSED
Reasons:
1. The proposal would conflict with Polices S1E, G1A and A1S of the Replacement Unitary Development Plan and the Councils Supplementary Planning Guidance on Hot Food Establishments as it would be detrimental to the amenities of local residents by reason of late night noise and disturbances, the internal transmission of noise to adjoining residential properties, litter and on street parking .
2. The premises would not provide adequate accommodation for the parking of vehicles, and as a result of the lack of convenient and safe on-street parking in the vicinity, the proposals would be detrimental to residential amenity and highway safety in conflict with Policy A1S of the Replacement Unitary Development Plan.
3. The submitted plans for the proposed frontage of the premises fail to demonstrate the satisfactory provision of access for disabled persons, and also retains existing, unattractive security shutters which are detrimental to the appearance of the building and street scene, in conflict with policies EV3A and A1C of the Replacement Unitary Development Plan.
This application has been refused on the basis of the following plans PN02 and PN03.
(Councillor Mrs J Prescott declared a prejudicial interest in this item because her husband had submitted an objection against the application and left the meeting during discussion thereon).
A/09/72381 Construction of new brick building comprising office, staff facilities and toilets after demolition of existing brick building
Location: Grange Farm, Stone Cross Lane, South Lowton (Lowton East Ward)
Applicant: A Burman
Decision: DEFERRED FOR SITE VISIT
A/09/72388 To continue use of land for the storage, processing and distribution of timber and ancillary solid fuel sales.
Location: Grange Farm, Stone Cross Lane, South Lowton (Lowton East Ward)
Applicant: Mr & Mrs A Burman
Decision: DEFERRED FOR SITE VISIT
