Planning Committee - Tuesday 15 September 2009

Minutes of the Planning Committee held on Tuesday 15 September 2009.

Present at the meeting:

  • Councillor P Prescott (Chairman)
  • Councillor B Bowen
  • Councillor W Carney
  • Councillor R Clayton
  • Councillor J Ellis
  • Councillor G A Fairhurst
  • Councillor Mrs S J Greensmith
  • Councillor Ms P L Holland
  • Councillor P A Liptrot
  • Councillor Mrs J Prescott
  • Councillor J Talbot

Officers in attendance

  • Neil Hisgson – Development Control Manager
  • Penny McGinty – Head of Development Implementation
  • Stephen Normington – Service Director – Development
  • Rob Owen – Team Leader Network Management
  • Simon Ward – Solicitor
  • Michael Williamson – Committee Services Officer
  • Dave Young – Environmental Protection Service Manager

19 Apologies for absence: Councillors Mrs J Beswick and J Hilton (Vice Chairman).

20 Minutes: The minutes of the meeting of this Committee held on 18 August 2009 were approved as a correct record.

21 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/09/72725 To erect 5 bedroom dwelling - part reserved matters of A/06/67345

Location: Land to the South West of 8 Rowton Rise, Standish 

Ward: Aspull New Springs Whelley

Applicant: Five Star (Development) Homes Ltd

9 letters of objection received from local residents when application was originally submitted. 7 further letters of objection received following receipt of amended plans

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 9002.30.21A FSH 9002.30.21B, FSH 9002.30.21 E and FSH 9002.30.21 F received 04.09.2009 and 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. 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.

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 14 days 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. 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.

10. 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. Any pruning which is approved shall be to BS3998.

11. 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.

12. 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 openings described below:

All windows in side gable wall of the garage

13. Prior to the commencement of any development, details of the arrangements for the provision of 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.

14. 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.

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

10. 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.

11. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A and G1C 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 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.

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

(Councillor P A Liptrot declared a prejudicial interest in this application as he knew the applications’ agent and left the meeting during the discussion thereon).

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

A/09/72771 To permit additional use of a building for the chipping and shredding of waste wood and the storage of waste wood.

Location: Stanley Nook Farm, Stanley Road, Aspull

Ward: Aspull New Springs Whelley

Applicant: C Lears

1 letter of objection received from a local resident. Councillor C Ready requested that the application be determined by the Planning Committee

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 SNF1 and SNF2 received 27.04.2009 or any other plan agreed in writing as a working amendment by the Local Planning Authority.

2. The use of the building for the chipping and shredding of waste wood hereby permitted shall not be carried out except between 07:00 and 18:00 hours on Monday to Friday inclusive, on Saturday between 08:00 and 12:00 hours, and at no times on Sundays and Bank Holidays.

3. Loading/unloading in association with the chipping and shredding of waste wood and the storage of waste wood shall only be undertaken within the building, and the manoeuvring of goods vehicles (including forklift trucks) in association with these operations shall not take place except between 07:00 and 18:00 hours on Monday to Friday inclusive, on Saturday between 08:00 and 12:00 hours, and at no times on Sundays and Bank Holidays.

4. Within 28 days of the date of this decision, an assessment of the nature and extent of noise generated by the use hereby approved and the existing noise climate of the site shall be submitted for approval 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, or an alternative scheme to be imposed in default by the Local Planning Authority, shall be implemented in full within 28 days of written notice of the approval of the submitted scheme or of the intention to impose a scheme in default. The required measures shall be retained thereafter.

5. Within 28 days of the date of this decision, a scheme for the restriction of dust caused by the approved chipping and shredding operations shall be submitted for the approval in writing of the Local Planning Authority. The approved scheme, or an alternative scheme to be imposed in default by the Local Planning Authority, shall be implemented in full within 28 days of written notice of the approval of the submitted scheme, or of the intention to impose a scheme in default. The required measures shall be retained thereafter.

Reasons:

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

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

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

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

(Councillors P A Liptrot and Mrs J Prescott requested that their abstentions against this decision be recorded).

A/09/72963 To construct control kiosk, 4m high ventilation stack and permanent access required in association with below ground detention tank.

Location: Land off Chester Drive, Ashton-In-Makerfield

Ward: Ashton

Applicant: United Utilities

11 letters of objection received from local residents. Representation received from Rt Hon. Ian McaCartney 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 plan reference 90019377/01/39 - J received 3.7.2009 or any other plan agreed in writing as a working amendment by the Local Planning Authority.

2. Before the development hereby approved is brought into use all plant and machinery shall be enclosed with sound insulating material and the insulation retained thereafter in accordance with a scheme previously agreed in writing by the Local Planning Authority.

3. The arrival and departure and loading, unloading and manoeuvring of vehicles on the site during the construction phase shall not take place except between 08.00 hours to 18.00 hours Monday to Friday inclusive and not at all on Saturdays, Sundays and Bank Holidays

4. The proposed development is within 250m of a known landfill site. Before the commencement of the development, all reasonable steps shall be taken to investigate the possibility of gas migration affecting the site. The survey methods for this investigation shall be agreed in advance with the Local Planning Authority and a copy of the results of the survey shall be submitted to the Local Planning Authority as soon as they are available. Where gas migration is confirmed, or there is evidence that migration is likely to occur, development shall not commence until satisfactory remedial measures have been taken to control and manage the gas, to monitor the effectiveness of these measures and, where necessary, to incorporate adequate precautionary measures in the design and construction stages. Such measures shall be agreed in writing by the Local Planning Authority before any implementation commences.

5. Before the development hereby approved is brought into operation, the external surfaces of the control kiosk and ventilation flue shall be colour coated in a dark green colour.

6. Before any part of the development hereby approved is commenced, facilities shall be provided in accordance with a detailed scheme previously submitted to and approved in writing by the Local Planning Authority to demonstrate how the wheels of vehicles can be cleaned before leaving the site. The equipment shall be so maintained and used that vehicles leaving the site do not deposit mud or other debris on the highway.

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. 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 9 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. All planting shall be maintained for a period of 5 years from the agreed date of planting.

10. Prior to the commencement of any operations on the site a Method Statement shall be submitted to and approved in writing by the Local Planning Authority detailing how any potential disturbance to great crested newts is to be avoided during the course of the development. The development shall be carried out fully in accordance with the approved method statement.

11. No materials shall be stored, stacked or kept within 8m of the top of the bank of Millingford Brook, and prior to the commencement of any operations on the site a Method Statement shall be submitted to and approved in writing by the Local Planning Authority detailing how any pollution or contamination of Millingford Brook is to be avoided during the course of the development. The development shall be carried out fully in accordance with the approved method statement.

12. Before the development hereby approved is commenced a scheme for the mitigation of odour emissions from the approved ventilation stack shall be submitted to and approved in writing by the local planning authority. The scheme shall be fully implemented in accordance with the approved details and retained thereafter.

13. Before the development hereby approved is commenced full details of the proposed finished floor levels of the approved kiosk and hard surfaces, including a section plan through the site showing existing and proposed site levels shall be submitted to and approved in writing by the Local Planning Authority. The details shall demonstrate that the top of the finished tank will be set no higher than the existing land levels at the site.

The development shall be carried out only in accordance with the approved details.

Reasons:

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

2. 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.

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

4. The proposed development is within 250m of a known landfill site which may be contaminated by landfill gas, and development should only be undertaken when adequate safeguards are put in place, as required by Policy EV1B of the replacement Wigan UDP.

5. To ensure that the external appearance of the buildings is satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.

6. To ensure the cleanliness and safety of the highway and having regard to Policy A1R 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 help to assimilate the proposed development into its surroundings, having regard to Policy EV3D of the replacement Wigan UDP.

10. The site contains valuable wildlife which should be protected and conserved, in accordance with Policy EV2 of the replacement Wigan UDP.

11. To avoid contamination of the adjacent watercourse, in accordance with Policy EV1B 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 ensure that the details of the development are satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.

A/09/73001 To retain the use of existing shop (Class A1) to taxi office (Sui-generis) (Retrospective Application).

Location: 68 - 70 Wallgate, Wigan

Ward: Wigan Central

Applicant: Aristacars Limited

Letters of objection received from a local resident, a local taxi operator and The Wigan Hackney Carriage branch of UNITE.

Decision: Approved

Condition:

 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 Drg Nos 1 and 2 received on 15.06.2009 or any other plan agreed in writing as a working amendment by the Local Planning Authority.

Reason:

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

(Councillor G A Fairhurst declared a prejudicial interest in this application as he knew the applicant and left during the discussion thereon. Councillor P A Liptrot declared a prejudicial interest in this application as he has a connection with a number of interested parties who have a financial interest in this application and left during the discussion thereon).

How do you rate the information on this page?

Rate this page as Good Rate this page as Average Rate this page as Poor