Planning Committee - Tuesday 8 December 2009

Minutes of the meeting of the Planning Committee held on Tuesday 8 December 2009

Present at the Meeting:

  • Councillor P Prescott (Chairman)
  • Councillor J Hilton (Vice Chairman)
  • Councillor Mrs J Beswick
  • 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 Mrs Y Klieve
  • Councillor P A Liptrot
  • Councillor Mrs J Prescott
  • Councillor J Talbot

Officers in attendance

  • Graham Dickman – Development Control Manager
  • Neil Higson – Development Control Manager
  • Penny McGinty – Head of Development Implementation
  • Stephen Normington – Service Director – Development
  • Rob Owen – Team Leader Highways DC and Parking
  • Steve Shaw – Senior Engineer Highways DC and Parking
  • Simon Ward - Solicitor
  • Michael Williamson – Committee Services Officer

28 Minutes: The minutes of the meeting of this Committee held on 11 November 2009 were approved as a correct record.

29 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/09/73204, Installation of children's play area with 1 metre high fencing and gates, the Planning Committee requested that a letter be sent to Wigan Leisure Culture Trust outlining the Committee’s concern with regard to children’s safety in association with the culverts which are in close proximity to the site.

APPLICATIONS APPROVED, REJECTED OR DEFERRED BY COMMITTEE

Planning applications:

 A/08/71514 To erect 13 dwellinghouses with associated access and landscaping. (Re-submission of A/07/70186)

Location: Land to rear of 281-287 Bradley Lane and rear of 63-69 Bentham Place, Standish (Standish with Langtree Ward)

Applicant: Wainhomes Developments Limited

25 letters of objection received from local residents. Letters of objection received from Councillors N R Whittingham and Miss J Atherton who also requested that the application be determined by the Planning Committee.

Decision: Deferred for further Site Visit.

A/09/73204 Installation of children's play area with 1 metre high fencing and gates.

Location: Open land east of 3 Withinlea Close, Hindley Green (Hindley Green Ward)

Applicant: Wigan Leisure Culture Trust

2 letters of objection received from local residents. Councillor R Brierley 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; SP1, SP2, SL1, Safety S/01, MAS/01, MA2012, MJS/01, MP1003 and MP1003 Side elevation, MSS/01, SWD100, SWD 170, LAYOUT CR PLAY AREA, CR SLIDE 01, MSW 5024, Bow Top Railing 01, MC5218AW, SS-01-0001 Rev 2, Birkdale Seat, SW-02-0007 Rev 1, MTS Metro Toddler Swings, and EP1, received on 03.08.2009, or any alternative equipment of an equivalent scale and design.

2. Prior to installation, the external surfaces of the bow top perimeter railings and gates hereby approved shall be finished in a factory applied coating in accordance with a colour scheme to be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented fully in accordance with the agreed details prior to first use of the play area, and shall be retained thereafter.

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 site, having regard to Policy EV3A of the replacement Wigan UDP.

A/09/73277 To retain the perimeter fence to the north of site, which encloses the land being incorporated into the extended curtilage of the rugby club and re-site 2 containers on this area of land.

Location: Harper Street, Wigan (Ince Ward)

Applicant: St Patricks ARLFC

24 letters of objection received from local residents, together with a petition with 32 signatures. Councillor D T Molyneux 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 HS1 Rev A received on 19.10.2009 but excluding the indicated siting of the containers; Fence Detail HS2 and photograph references F1, F2, F4 and C1, C4, C5 and C6 all received on 21.08.2009.

2. The permission for the re-siting of the containers shall be for a limited period only, expiring 5 years from the date of this decision notice; by which date the two containers hereby authorised shall be removed from the site and the land reinstated to its former state, unless a further planning permission has been granted prior to this date.

3. Prior to the siting of the two steel containers hereby approved, a plan indicating the detailed siting of the containers shall be submitted and agreed in writing by the Local Planning Authority. The external elevations of the containers shall be painted green, to specification RAL 6005 (Green) and the containers shall be retained in this approved location at all times thereafter, unless otherwise agreed in writing by Local Planning Authority.

Reasons:

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

2. In view of the temporary nature of the development, and the condition of the containers having regard to Policy EV3A and G1A of the replacement Wigan UDP.

3. To help to assimilate the proposed development into its surroundings and to visually reduce the appearance of the containers on the adjoining residential properties and wider views, having regard to Policy EV3A and G1A of the replacement Wigan UDP.

A/09/73322 Proposed lowering of the eastern section of Haigh Hall Bridge in connection with Flood Alleviation Scheme, including temporary use of land to the south of The Woodlands for construction access and storage of materials

Location: Haigh Hall Bridge and land to the south of The Woodlands, Wigan (Wigan Central Ward)

Applicant: Mr E Goddard, Environment Agency

Letters of objection received from local residents. Councillor R Brierley requested that the application be determined by the Planning Committee and that a site visit be undertaken prior to the determination of the application.

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 B0993500/327/Rev P01, TPP-01, IP-01, and B0993500 -151/Rev A03.

2. Prior to the commencement of works to lower Haigh Hall Bridge, a detailed specification and programme of works, including replacement railings and any remedial repairs to stonework, shall be submitted to and approved in writing by the Local Planning Authority. The works to Haigh Hall Bridge shall be completed in full accordance with the agreed details.

3. The movement of heavy goods vehicles on The Woodlands associated with the transportation of materials to and from the site, shall not take place except between 10.00 hours and 14.30 hours on Monday to Friday, and at no other times.

4. Prior to the commencement of any development, a detailed scheme of measures to be employed to mitigate, control and monitor noise arising from the development of the site, with full reference to those measures identified within sections 4 and 5 of the Supplementary Statement dated 9.11.09, shall be submitted to, and approved in writing by, the Local Planning Authority. The development shall be undertaken fully in accordance with such approved measures.

5. Prior to the commencement of any development, a detailed scheme of measures to be employed to mitigate, control and monitor dust emissions resulting from the development of the site, with full reference to those measures identified within section 6 of the Supplementary Statement dated 9.11.2009, shall be submitted to, and approved in writing by, the Local Planning Authority. The development shall be undertaken fully in accordance with such approved measures.

6. The site compound shall only operate between 09.00 hours and 17:00 hours on Monday to Friday, and at no other times.

7. Within 14 days of the completion of the works hereby permitted to Haigh Hall Bridge, the site compound, its associated structures, facilities and access shall be fully removed and the land restored in accordance with a scheme, incorporating the measures identified on drawing B0993500/327/Rev P01, to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The replacement tree and hedge planting shall be implemented during the first planting season following the removal of the compound.

8. Prior to the commencement of any excavation or construction works or the entry of vehicles or plant into the site, the measures to protect existing trees, including the installation of the temporary cellular surface treatment as set out in the 'BS5837 Compliance Report (90934)' and the Tree Protection Plan TPP-01 prepared by Arbtech Environmental Services, shall be fully implemented. Tree protection 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 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.

9. 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.

10. Prior to the commencement of use of the site compound, details of measures to be employed to control the potential deposition of mud onto the highway shall be submitted to and approved in writing by the Local Planning Authority. The duly approved measures shall be implemented in full for the duration of the construction works and until completion of the site restoration programme.

11. Prior to the commencement of the development, and for the duration of the construction period, a site notice shall be prominently displayed adjacent to The Woodlands frontage to the compound, providing details of the name and telephone number of a contact to which any enquiries or concerns of local residents can be directed.

Reasons:

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

2. To ensure that the physical integrity and external appearance of the structure is satisfactory, having regard to Policies EV3A and EV4C 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.

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 ensure that the external appearance of the site is satisfactory and to safeguard the amenities of the adjoining premises and the area generally, having regard to policies EV3A, EV4A, EV4B, and G1A 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 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.

10. To ensure the cleanliness and safety of the highway having regard to policies A1R and G1A of the Replacement Wigan Unitary Development Plan.

11. To ensure the amenities of neighbouring residents are safeguarded in accordance with policy G1A of the Replacement Wigan Unitary Development Plan.

A/09/73399 First floor extension at front together with associated external fire escape. Re-submission of A/09/73136 - Refused.

Location: The Potteries Garage, Smallbrook Lane, Leigh (Atherleigh Ward)

Applicant: J P Whitter (Water Well Engineers) Ltd

Councillor R Brierley requested that the application be determined by the Planning Committee.

Decision: Refused

Reasons:

1. The application site is located within the Green Belt as delineated in the adopted Replacement Wigan Unitary Development Plan. The proposed extension does not represent any of the appropriate forms of development within the Green Belt, as defined in Planning Policy Guidance 2, and would fail to preserve the openness of the Green Belt. The proposal would therefore represent inappropriate development, which by definition is harmful to the Green Belt, and the applicant has failed to demonstrate that very special circumstances exist to outweigh the harm caused. In addition, by virtue of its design, scale, location, and the relationship of the extension to the existing building, the extension would result in an adverse impact on the visual amenities of the Green Belt. The development would therefore be contrary to the objectives of Policy GB1 of the Replacement Wigan Unitary Development Plan and Planning Policy Guidance 2.

2. The proposal involves the erection of a flat roof, first floor extension to the front elevation of an existing industrial building. The extension, by virtue of its design, scale, location, and the relationship to the existing building, would represent an overly dominant and visually incongruous addition to the building, contrary to the objectives of Policy EV3A of the Replacement Wigan Unitary Development Plan and the guidance in Planning Policy Statement 1.

This application has been refused on the basis of the following plans: 1237/01, 1237/02, and 1237/03 received 17.09.2009.

A/09/73401 Outline Application for the erection of 3 terraced dwellings (All matters reserved).

Location: Rear Gardens of 308, 312 and 318 Whelley, Wigan (Aspull New Springs Whelley Ward)

Applicant: D Hughes

18 Letters of objection received from local residents. 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, not withstanding the indicative layout submitted the development hereby approved shall be carried out in a terraced form in accordance with the details shown on plan reference W1 Rev A received 27.10.2009 and should be no more than two storeys, with use of the loft space, in height and form as stated in the Design and Access Statement.

2. Before any part of the development hereby approved is commenced approval shall be obtained from the Local Planning Authority with respect to reserved matters, namely, the access, appearance, landscaping, layout and scale.

3. 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.

4. Prior to the commencement of the construction of any building hereby approved provision shall be made on the site for:-

  • the parking of construction workers vehicles
  • storage of building materials, equipment and plant, and
  • placement of site cabins, site offices and storage containers
  • In accordance with details to be submitted to and approved in writing by the Local Planning Authority before the commencement of the development.
  • The development shall be carried out only in accordance with the approved details.

5. 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.

6. 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.

7. As part of any reserved matters application 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.

8. 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.

9. The landscaping referred to in Condition No. 3 of this consent shall be carried out and completed in accordance with the approved scheme during the first available planting season following the expiry of a period of 6 months from the commencement of the development hereby approved. All planting shall be maintained for a period of 5 years from the agreed date of planting.

10. As part of any reserved matters application 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.

11. Prior to the commencement of any development, details of the materials used for the proposed parking areas 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 each approved dwelling, and shall be retained thereafter.

Reasons:

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

2. The application is for outline permission only and therefore gives insufficient details of the proposed development. These details will be required as reserved matters, in accordance with Policy EV3A of the replacement Wigan UDP.

3. 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.

4. To ensure that construction workers vehicles are not parked on the highway and materials and associated facilities are not detrimental to the amenity of the area, having regard to Policy A1S of the replacement Wigan UDP.

5. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A 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 ensure that the details of the development are satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.

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

11. 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.

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

A/09/73436 Change of use of 15 Westleigh Lane to form extended A1 retail shop, together with single storey extensions to the front and rear and formation of new shop front at numbers 15, 17 and 19 Westleigh Lane.

Location: 15 - 19 Westleigh Lane, Leigh (Atherleigh Ward)

Applicant: J Chauhan

3 letters of support received from local residents. Councillor Mrs A Turnock requested that the application be determined by the Planning Committee and that a site visit be undertaken prior to the determination of the application.

Decision: Deferred to allow the applicants agent to submit an alternative design.

A/09/73468 To erect 4 retail units for A1, A2, A3 and A4 use, ramped access, installation of an ATM and associated vehicle parking and access.

Location: Land at Platt Street and Walthew Lane, Platt Bridge (Abram Ward)

Applicant: Great Central Developments Ltd

No representations were made.

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 3468 (P) 103 Rev G; 3468 (P) 201 Rev N; 3468 (P) 100 Rev M and 1104 01 Revision C.

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 of the building, including the plinth and ramped access, 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 any of the units hereby approved are occupied, and notwithstanding the details shown on the approved plans, a detailed scheme for the treatment and installation of the individual shopfronts shall be submitted to and approved in writing by the Local Planning Authority. Any roller shutters shall be internally fitted. The duly approved scheme shall be implemented in full and shall be retained thereafter, unless otherwise agreed in writing with the Local Planning Authority.

4. The site shall be treated in accordance with the approved landscaping scheme (drawing reference 1104 01 Revision C) which shall be completed within a period of 6 months from the date on which development is first commenced, unless otherwise agreed in writing by the Local Planning Authority. All planting shall be maintained for a period of 5 years from the agreed date of planting.

5. Before the development hereby approved is commenced, details of separate foul and surface water drainage systems, to incorporate a surface water attenuation system, shall be submitted to and approved in writing by the Local Planning Authority. All foul drainage shall be connected to the foul sewers and only uncontaminated surface water shall be connected to the surface water system. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from impermeable parking areas and hardstanding for vehicles shall be passed through trapped gullies with an overall capacity compatible with the site being drained. The duly approved scheme shall be installed in accordance with the approved details as an integral part of the development and no occupation or use of any building shall commence until it has been connected to the approved drainage system.

6. The development hereby approved shall only be carried out in accordance with the approved Flood Risk Assessment (WA Fairhurst and Partners Report D/I/L/78383/01A November 2009).

7. Before the development hereby approved is commenced, a scheme shall be submitted for the written approval of the Local Planning Authority which details how the building will be constructed in materials which would be resistant to damage from ingress of flood water and that services will be located at an appropriate level above the floor. The duly approved scheme shall be implemented in full accordance with the approved details.

8. 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.

9. The use(s) hereby permitted shall not be carried out except during the following hours: Monday to Sunday 07:00 to 23:00.

10. Loading/unloading and manoeuvring of goods vehicles (including forklift trucks) on the site shall not take place except during the following hours: Monday to Saturday 07:00 to 18:00 and Sunday 10:00 to 17:00.

11. Before any unit is occupied by a use which falls within Class A3 and / or A4 of the Town and Country Planning (Use Classes) Order 1987 and its subsequent amendments, 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 use commences.

12. Before any part of the development hereby approved is commenced, full details of the proposed drainage and 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 and shall be completed before the development is first occupied.

13. Before any part of the development hereby approved is commenced, details of the waste storage facilities for each unit shall be submitted to and approved in writing by the Local Planning Authority. The duly approved scheme shall be implemented in full before the occupation of the building and shall be retained after.

14. Before any part of the development hereby approved is commenced, full details of measures to provide effective security to the access way along the southern boundary of the site shall be submitted to and approved in writing by the Local Planning Authority. The duly approved scheme shall be fully implemented before the occupation of the building and retained thereafter.

15. Before any part of the development hereby approved is commenced, a scheme of external lighting of the site shall be submitted to and approved in writing by the Local Planning Authority. The duly approved scheme shall be implemented in full before the occupation of the building and shall be retained thereafter.

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 building is satisfactory, having regard to Policy EV3A and EV3C of the replacement Wigan UDP.

3. To ensure that the external appearance of the buildings is satisfactory, having regard to Policy EV3A and EV3C of the replacement Wigan UDP.

4. To help to assimilate the proposed development into its surroundings, having regard to Policy EV3D of the replacement Wigan UDP.

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

6. To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site and to ensure safe access and egress to and from the site in accordance with Policy G1C of the UDP.

7. To reduce the impact of flooding on the proposed development and future occupants in accordance with Policy G1C of the UDP.

8. 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.

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

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

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

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

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

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

A/09/73482 To retain conservatory to rear, following part demolition of existing single storey extension (Retrospective Application)

Location: 32 Heathfield Drive, Tyldesley (Tyldesley Ward)

Applicant: Mr & Mrs Sloan

1 objection received from a local resident. Councillor R M Bleakley requested that the application be determined by the Planning Committee.

Decision: Deferred for Site Visit

(Councillor B Bowen declared a prejudicial interest in this application as he knew the objector to the application and left the meeting during discussion thereon.)

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