Planning Committee - Tuesday 26 May 2009

Minutes of the Planning Committee meeting held on Tuesday 26 May 2009

Present at the meeting:

  • Councillor P Prescott (Chairman)
  • Councillor J Hilton (Vice Chairman)
  • Councillor Mrs J Beswick
  • Councillor B Bowen
  • Councillor R Clayton
  • Councillor J Ellis
  • Councillor G A Fairhurst
  • Councillor Mrs S J Greensmith
  • Councillor Ms P L Holland
  • Councillor Mrs Y Klieve
  • Councillor P A Liptrot
  • Councillor Mrs J Prescott
  • Councillor J Talbot

1 Welcome to new Members: The Committee welcomed Councillor P Prescott as the new Chairman on the Planning Committee and Councillor J Talbot.

2 Apologies for absence: Councillor W Carney.

3 Minutes: The minutes of the meeting of this Committee held on 5 May 2009 were approved as a correct record.

4 Planning proposals: The Committee considered planning and related applications, which had been submitted to the Council. Reports and associated documentation and representations had been circulated with the agenda.

Resolved: (1) The decisions of the Committee on the planning and related applications are as set out in the schedule attached;

(2) In respect of application A/09/72388, to continue use of land and existing metal barn for the storage, processing and distribution of timber and ancillary solid fuel sales, the Members resolved they were minded to approve a temporary five year permission. Authority was delegated to the Executive Director of Environmental Services to produce appropriate conditions.

The proposal will have a significant impact on the openness of the green belt and is therefore a departure from the development plan. As such the application will be referred to Government Office under the Town and Country Planning (Consultation) (England) Direction 2009.

The motion to approve a temporary permission was proposed by Councillor J Ellis on the grounds that the timber business would assist in sustaining the planned agricultural activity of the farm. Councillor R Clayton seconded the approval of the temporary permission. The vote on the motion was carried by 9 votes to 4.

APPLICATIONS APPROVED, REJECTED OR DEFERRED BY COMMITTEE

Planning applications:

A/09/72489 Erection of detached dwellinghouse, together with new access from Manchester Road.

Location: Land adjacent 172 Manchester Road, Tyldesley (Tyldesley Ward)

Applicant: Mr P Nixon

2 letters of objection were received from residents of 174 Manchester Road.

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 approved plans 4385/10; 4385/03; 4385/05 Rev E and 4385/06 Rev C, 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 opening located on the western elevation facing 172 Manchester Road.

5. Provision shall be made on the site for the parking of 1 car at all times for both the approved dwelling and the existing house. Details of all hard surfacing which shall be made of porous materials or provision to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse, shall be submitted to and approved in writing by the Local Planning Authority. The duly approved scheme shall be implemented in full prior to first occupation of the approved dwelling, and shall be retained thereafter.

6. 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.

7. Prior to the commencement of any development, a landscape scheme, to include details of the treatment of all boundaries of the site, to be submitted to and approved in writing by the Local Planning Authority. The duly approved scheme shall be implemented before first occupation of the dwelling hereby approved, and shall be retained thereafter.

8. 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.

9. Before the development hereby approved is commenced, a scheme for protecting the proposed development from noise from Manchester 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).

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

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

5. 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.

6. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A and G1C of the replacement Wigan UDP.

7. To safeguard the amenities of the adjoining premises and the area generally and to help to assimilate the proposed development into its surroundings, having regard to Policy G1A, EV3A and EV3D of the replacement Wigan UDP.

8. To safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A of the replacement Wigan UDP.

9. 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.

(Councillors J Ellis and G A Fairhurst requested that their votes against this decision be recorded).

A/09/72388 To continue use of land and existing metal barn 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 and Mrs A Burman

12 letters of objection received. 15 letters of support also received including support from Cllr Mark Klieve.

Decision: APPROVED (see also minute 4(2))

(Councillors P Prescott and J Hilton requested that their votes against this decision be recorded).

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: Mr A Burman

1 letter of objection received from local resident.

Decision: REFUSED

Reason: The proposed development represents inappropriate development in the Green Belt, which would be detrimental to the openness and to the purposes of the Green Belt as set out in Planning Policy Guidance Note 2 (Green Belts) and Policy GB1 of the Wigan Replacement Unitary Development Plan. Very special circumstances have not been demonstrated of sufficient weight to outweigh the harm to the Green Belt by reason of inappropriateness.

The application has been refused on the basis of the following plans: 870/PL/002, 870/PL/003, 870/PL/004 received 06.01.2009.

A/09/72441 First Phase of full restoration of Mesnes Park, its buildings, structures and features and new facilities including play zone, play shack and for site services.

Location: Mesnes Park, off Mesnes Park Terrace, Wigan (Wigan Central Ward)

Applicant: Mr A Bond

Decision: DEFERRED FOR SITE VISIT.

A/09/72451(LB) First Phase of full restoration of Mesnes Park, its buildings, structure and features

Location: Mesnes Park, Mesnes Park Terrace, Wigan (Wigan Central Ward)

Applicant: Mr A Bond

Decision: DEFERRED FOR SITE VISIT

A/09/72576 Partial Development and external alterations and extension to existing premises, together with parking.

Location: Former Lady Bowes Lyon Pub, 402 - 410 Gidlow Lane, Wigan (Wigan West Ward)

Applicant: The Woodlake Group

11 letters of objection were received including 1 letter of objection from Neil Turner MP

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 plans received 06.05.2009 and referenced 3451 (P) 204 rev. D and 3451 (P) 203/1 rev. B or any other plan agreed in writing as a working amendment by the Local Planning Authority.

2. Before the use commences, the building shall be insulated in accordance with a scheme previously approved in writing by the Local Planning Authority in order to secure reduction in the level of noise emanating from the building.

3. 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.

4. No development shall be commenced until an assessment of the nature and extent of noise generated by the proposed development and the existing noise climate of the site has been submitted to and approved in writing by the Local Planning Authority. The assessment shall identify proposed noise limits and any mitigation measures to control noise to agreed limits. The approved mitigation measures shall be carried out and completed before the use of the development commences.

5. Before the development hereby approved is commenced, a scheme for the extraction of fumes and odours shall be submitted to and approved in writing by the Local Planning Authority and all works which form part of the approved scheme shall be carried out and completed before the development is brought into use.

6. The site shall be treated in accordance with a landscape scheme to be submitted to and approved in writing by the Local Planning Authority before any part of the development is commenced and all works in accordance with the scheme shall be completed within a period of 12 months from the date on which development in accordance with the permission hereby granted is first commenced, or such longer period as may be agreed by the Local Planning Authority, having regard to planting seasons, such landscape scheme to include the planting of live trees and the treatment of forecourts, paving and boundary fences. All planting shall be maintained for a period of 5 years from the agreed date of planting.

7. 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. 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. 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.

10. Before the development hereby permitted commences a scheme shall be submitted to and approved in writing by the Local Planning Authority which specifies the provisions to be made for a close boarded timber fence or similar solid construction to a height of 2. 4m along the boundary.

11. Before any part of the development hereby approved is commenced details of the proposed materials for the surfacing of the car park shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out only in accordance with the approved details.

12. Any lighting proposed to the rear of the premises will be submitted to and approved in writing by the Local Planning Authority and shall be implemented in accordance with the approved scheme.

13. Details of waste storage facilities shall be submitted to and approved in writing by the Local Planning Authority and shall be implemented in accordance with the approved scheme.

14. Prior to the commencement of the proposed use the Local Planning Authority shall be notified in writing of the intended date of opening. Notification shall be submitted in writing at least 14 days prior to commencement.

15. Prior to the development hereby approved being brought into use the existing access shall be permanently and effectively closed and any footway crossing re- instated in a manner previously agreed in writing by the Local Planning Authority.

16. 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. All foul drainage shall be connected to the foul sewers and only uncontaminated surface water shall be connected to the surface water system. No occupation or use of any building hereby approved shall commence until it has been connected to the approved drainage system.

Reasons:

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

2. To minimise the noise annoyance on existing development in the vicinity, having regard to Policies EV1B and G1A of the replacement Wigan UDP.

3. 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.

4. To minimise the noise annoyance on existing development in the vicinity, having regard to Policies EV1B and G1A of the replacement Wigan UDP.

5. To safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A 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. 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. To ensure that the external appearance of the buildings is satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.

10. To minimise the noise annoyance on existing development in the vicinity, having regard to Policies  V1B and G1A 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 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. In order that the Local Planning Authority may monitor the site to ensure compliance with the approved plan, in accordance with Policy EV3A of the replacement Wigan UDP.

15. To provide for the safety and convenience of users of the highway, for the free flow of traffic, and to safeguard the amenity of neighbouring premises, in accordance with Policies A1R and R1D of the replacement Wigan UDP.

16. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A and G1C of the replacement Wigan UDP.

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