Present at the meeting:
- Councillor J Hilton (Chairman)
- Councillor Mrs E Smethurst (Vice Chairman)
- Councillor B Bowen
- Councillor W Carney
- Councillor R Clayton
- Councillor Mrs P Cullen
- Councillor J Ellis
- Councillor G A Fairhurst
- Councillor Mrs S J Greensmith.
- Councillor Mrs Y Klieve
- Councillor P A Liptrot
- Councillor Mrs J Prescott
84 Apologies for absence: Councillors Mrs J Beswick and P L Holland
85 Minutes: The minutes of the meeting of this Committee held on 7 April 2009 were approved as a correct record.
86 Information items: There were none.
87 Planning appeals: The Committee considered a report setting out the following appeals which had been lodged since 10 March 2009. The number of appeals received during 2008 was 60.
| 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/08/71548
23/2/2009 |
Change of use of land to include as part of garden curtilage.
Land To Rear Of 11-17 Crow Wood Road Lowton (Golborne And Lowton West)
Mr G Blakeley |
Refuse |
Committee
Written Representation |
|
A/08/71756
9/3/2009 |
To erect external staircase to side to allow access to first floor.
84A Woodhouse Lane Wigan WN6 7LZ (Wigan West)
Mr Darren Smith |
Refuse |
Delegated
Written Representation |
|
A/08/71795
20/2/2009 |
To extend dwellinghouse - part first floor part two storey to side together with 2 no pitched roofs over existing 2 no flat roof projections to rear
54 Treen Road Tyldesley Manchester M29 7HA (Tyldesley)
Mr R & Mrs A Newton |
Refuse |
Delegated
Written Representation |
|
A/08/72009
13/3/2009 |
To retain use of land as part of garden curtilage, together with the erection of a shed and glasshouse.
Land At Rear Of 62 South Avenue Leigh WN7 3BU (Leigh South)
Mr David Large |
Refuse |
Delegated
Written Representation |
|
A/08/72100
23/3/2009 |
To retain use of land as part of garden curtilage, together with the retention of boundary fence (Retrospective application).
33 Aylesbury Crescent Hindley Green Wigan WN2 4TY(Hindley Green)
Mr Gary Kelly |
Refuse |
Delegated
Written Representation |
|
A/08/72225
24/3/2009 |
To retain decking at front of dwellinghouse
11 Caleb Close Tyldesley Manchester M29 8GN (Tyldesley)
Mr Darren Johnson |
Refuse |
Delegated
Written Representation |
|
A/08/72337
18/3/2009 |
To erect 1no. 2 bedroom detached bungalow and 1no. associated detached garage after demolition of existing garages.
Land Rear Of Morden Avenue And Pretoria Road Ashton-In-Makerfield Wigan (Bryn)
Mr Ronald Clark |
Refuse |
Delegated
Written Representation |
|
ADV/08/05464
17/3/2009 |
To retain 5 no window vinyls, 2 no non-illuminated fascia signs and 1no non-illuminated free standing display unit.
D1 Walter Leigh Way Moss Industrial Estate Leigh WN7 3PT (Lowton East)
World Of Beds |
Refuse |
Delegated
Written Representation |
|
ADV/08/05470
10/3/2009 |
To retain 3no. internally illuminated fascia signs (Retrospective Application).
84 Woodhouse Lane Wigan WN6 7LZ (Wigan West)
Mr Darren Smith |
Refuse |
Delegated
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/08/70420 |
Retrospective application to retain concrete sectional garage measuring 6.71m x 4.27m x 2.29m for a temporary period of 2 years.
Land Rear Of 74 Leigh Road Hindley Green Wigan WN2 4SZ
(Hindley Green)
Mr Geoffrey Gallagher |
Refuse |
Delegated |
| A/08/71317 |
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 |
| A/08/71454 |
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 |
| A/08/71686 |
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 |
| A/08/71772 |
To retain extended garden curtilage and boundary fence.
8 Pennington Avenue Leigh WN7 3JD
(Leigh South)
Ms Patricia Bollesty |
Refuse |
Delegated |
Appeals Allowed
| A/08/71718 |
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 |
Appeals allowed with conditions
| A/07/68921 |
To erect 99 dwellinghouses comprising 18 No. 2 bedroom, 36 No. 3 bedroom and 45 No. 4 bedroom properties access and landscaping thereto following demolition of existing stadium
Leigh Rugby Football Club Ltd The Coliseum Kirkhall Lane Leigh WN7 1RN
(Leigh West)
Miller Homes |
Refuse |
Committee |
Appeals withdrawn
| A/08/70657 |
Removal of condition 15 of A/07/69537 - Notwithstanding the details as shown on the Planning Layout Drawing Number SDL 1158.02.1 Rev C received 19.07.2007, House type C Plot 1 Revision C side elevations drawing number SDL 301106/1 received 19.07.2007 and House Type C Plot 1 Revision C floor plans drawing number SDL 301106/1 received 19.07.2007, the dwelling hereby approved on Plot 1 shall not be constructed until a revised siting has been submitted to and approved in writing by the Local Planning Authority. The dwelling on Plot 1 will thereafter only be constructed in accordance with these approved details.Leigh Land Rear Of 139-153 Chorley Road,
7 Rowton Rise And Rear Of 6-9 Rowton Rise Standish
(Aspull New Springs Whelley)
Five Star Development Homes |
Non Determination |
Committee |
| A/08/71954 |
To erect 1no. detached dwelling on site of plot 1. (Reserved matters of A/06/67345 and part amendment to A/07/69537)
Open Land Rear Of 139 - 153 Chorley Road And Rear Of 6,8 And 9 Rowton Rise
Standish
(Aspull New Springs Whelley)
Five Star Development Homes Ltd |
Non Determination |
Committee |
88 Wigan Unitary Development Plan – saved polices: The Committee considered a report of the Executive Director of Environmental Services, which informed Members that the Secretary of State for Communities and Local Government had issued a Direction under paragraph 1 (3) of schedule 8 to the Planning and Compulsory Purchase Act 2004 to the effect that most of the polices of the Wigan Replacement Unitary Development Plan would be ‘saved’ beyond 26 April 2009, as requested by Cabinet (minute 120 refers).
Resolved: The Committee notes the report now submitted.
89 Wigan and St Helen’s Service Users’ Forum for Building Control and Development Control: The Committee considered a report of the Executive Director of Environmental Services, which advised Members of the meeting of the Forum for agents held on 19 March 2009.
Resolved: The Committee notes the report now submitted.
90 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/09/72636, to extend dwelling house – first floor extension, together with retention of terraced area, and 2 metre high boundary wall along Upton Road (Part Retrospective), the Members resolved to refuse the application for the reason given in the report in respect of the wall, shed and terrace/patio and in respect of the 1st floor extension as follows:-
The proposal would have an adverse impact on the living conditions of the neighbouring residents, in particular due to the loss of light and over-dominant impact on the outlook from the side living room window. The negative impact is increased by the difference in site levels and the consequent increased bulk of the extension.
The motion to refuse the application was proposed by Councillor Mrs J Prescott on the grounds set out in the Committee report, and for the reasons set out above. She stated that the loss of light to the neighbour’s property was unacceptable and the proposed first floor extension was overbearing. She also stated that the patio extension was too high in terms of site levels and would result in loss of privacy to neighbouring residents. Councillor Mrs S J Greensmith seconded refusal of the application. The vote on the motion was carried by 12 votes to 0.
The Committee also resolved to give authorisation for enforcement action regarding any elements of the work which had already been undertaken.
91 Vote of thanks: Resolved: The best thanks of this Committee are extended to the Chairman and the officers for the excellent services rendered by them during the past Municipal Year.
APPLICATIONS APPROVED, REJECTED OR DEFERRED BY COMMITTEE
Planning applications:
A/09/72440 Demolition of existing garages to erect one pair of semi-detached dwellings, together with associated access and parking.
Location: Land to the rear of 2-22 Buckley Street West, Wigan (Wigan West ward)
Applicant: Mr & Mrs Warren
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 plans received 14.01.2009 and referenced:
and on plans received 20.03.2009 and referenced:
- 28.12.01 rev. D
- 28.12.02 rev. C
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. 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.
3. 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.
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. Prior to the commencement of any development, details of the arrangements for the provision of minimum 2 car parking space(s) 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 extension, and shall be retained thereafter.
6. 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.
7. Before the commencement of the use of the development hereby approved, provision shall be made on the site to enable vehicles using the site to enter and leave in forward gear and such provision shall be retained at all times.
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. To ensure that the external appearance of the buildings is satisfactory, having regard to Policy 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 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.
7. A vehicle entering or leaving a major traffic route in a reverse direction is a source of danger and obstruction to other users of the highway, and a design which did not provide an alternative would be contrary to Policy A1R of the replacement Wigan UDP.
(Councillors Mrs P Cullen and G A Fairhurst requested that their votes against the decision be recorded).
A/09/72636 To extend dwellinghouse - first floor extension, together with retention of terraced area, store and 2m high boundary wall along Upton Road (Part Retrospective).
Location: 12 Upton Road, Atherton (Atherton ward)
Applicant: A Caldwell
One letter of objection received from a local resident neighbouring the subject site to the east.
Decision: REFUSED (see also minute 83(2)).
Reason:
1. By virtue of its siting, design, height and relationship with adjoining properties and Upton Road, the boundary wall, shed and terrace / patio area, which has already been substantially constructed, create an incongruous and visually obtrusive feature in the street scene. In addition, the siting and height of the terrace / patio area would result in an unacceptable impact on the amenity of 2 Hexham Close, by virtue of overlooking and loss of privacy. Consequently, the proposal is contrary to the objectives of Policies R1D, EV3A and G1A of the Replacement Wigan Unitary Development Plan, the advice in the Council's Supplementary Planning Document 'Design Guide for Residential Development' and the principles of good design as set out in PPS1.
2. Due to its scale, proximity, and relative degree of elevation, the proposed two storey extension will have an overbearing impact on the amenity of the occupiers of the adjacent property and, in particular, result in a loss of light and over-dominant effect on the side living room window, contrary to the objectives of Policies R1D and G1A of the Replacement Wigan Unitary Development Plan.
This decision is based on the following plans Drawing No/s 729/01 Rev E
A/09/72425 Erection of retail foodstore including provision of new vehicular and pedestrian access, 60 space car park and landscaping.
Location: Site of former Standish Service Station, 91 Preston Road, Standish (Standish with Langtree ward)
Applicant: M Aubrey
Letters of objection received from local residents, including a letter from Councillor G W Fairhurst and Mrs D Fairhurst. Two letters of support received from local residents and a letter from Councillor N R Whittingham.
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 803/01/Rev Q and 803/02 Rev M Received 09.04.2009 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. 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. 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.
5. Prior to the use of the development commencing a petrol/oil interceptor shall be installed on the site in accordance with a scheme previously approved in writing by the Local Planning Authority.
6. Prior to the commencement of the development hereby approved arrangements for washing down facilities shall be submitted to and approved in writing by the Local Planning Authority and shall be implemented in accordance with the approved scheme at all times from the commencement of use of the development.
7. The use of the building hereby permitted for retail sales shall not be carried out exceptduring the following hours:
Monday to Saturday 8:00am to 8:00pm
Sunday 10:00am to 5:00pm
8. Loading/unloading and manoeuvring of goods vehicles (including forklift trucks) on the site shall not take place except during the following hours, namely:
Monday to Sunday 7:00am to 11:00pm
9. 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 2m along the northern and western site boundaries and a 3m high acoustic fence to be sited alongside the length of the unloading bay in the positions shown drawing 803/01/Rev Q.
The approved scheme of fencing shall be completed prior to the commencement in operation of the premises, and thereafter retained.
10. 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.
11. 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.
12. 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.
13. 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.
14. The development hereby approved shall not be brought into use until areas for the movement, loading, unloading and parking of vehicles (including disabled parking spaces) , have been provided, constructed, drained and surfaced in complete accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. 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), these areas shall remain available at all times for this purpose unless otherwise agreed in writing by the Local Planning Authority.
15. Before any part of the development hereby approved is commenced, a scheme detailing the provision of 10 No. secure 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.
16. In accordance with Wigan Council’s Travel Plans Supplementary Planning Document, prior to the first occupation of the development hereby approved unless otherwise agreed by the Local Planning Authority in writing, details of a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall show measures to reduce the need to travel to and from the site by private transport and the timing of such measures. The plan shall be implemented in accordance with the details as approved.
17. Prior to the commencement of development a scheme for the suppression of dust during the construction phase of the development shall be submitted to, and approved in writing, by the Local Planning Authority. The construction of the development shall be carried out in accordance with the approved scheme.
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 ensure that the details of the development are satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.
4. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A and G1C of the replacement Wigan UDP.
5. To avoid contamination of the surface water system, in accordance with Policy EV1B 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. To safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A 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 safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A of the replacement Wigan UDP.
10. 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.
11. To help assimilate the proposed development into its surroundings, and to mitigate its impact on air quality, having regard to policies EV1B and EV3D of the replacement Wigan UDP.
12. 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.
13. 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.
14. To allow for vehicles visiting the site to be parked clear of the public highway and to secure satisfactory parking for disabled persons, in accordance with Policies A1C, A1R and A1S of the replacement Wigan UDP.
15. To encourage the use of modes of transport other than the private car and to mitigate the impact on air quality, in accordance with Policies A1S and EV1B of the replacement Wigan UDP.
16. To reduce the need to travel to and from the site by private transport in accordance with Policies EVIB and A1B, the Travel Plans and Air Quality Supplementary Planning Documents, and in order to promote sustainable modes of travel to and from the site, to reduce reliance on the private car and mitigate the impact of the development on air quality.
17. To safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A of the replacement Wigan UDP.
(Councillor G A Fairhurst declared a prejudicial interest in this application because his son had submitted an objection to the application and left the meeting during the discussion thereon).
(Councillor Mrs E Smethurst declared a personal interest in this item as she is a Board Member of the Greater Manchester Passenger Transport Executive appointed by the Council).
(Councillors J Ellis and P A Liptrot requested that their votes against the decision be recorded).
A/09/72489 Erection of detached dwellinghouse, together with new access from Manchester Road.
Location: Land adjacent 172 Manchester Road, Tyldesley (Tyldesley ward)
Applicant: P Nixon
Decision: DEFERRED FOR SITE VISIT
