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
- 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
33 Apologies for absence: There were none.
34 Minutes: The minutes of the meeting of this Committee held on 8 December 2009 were approved as a correct record.
35 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/08/71514, to erect 13 dwellinghouses with associated access and landscaping (Re-submission of A/07/70186). The Committee resolved to defer the application to the next Planning Committee for the following reason:-
- The proposal required a financial contribution for the provision and maintenance of public open space and play provision. Despite the time that had elapsed since the application was last reported to Committee, the applicant had yet to return a signed Unilateral Undertaking and enquires are to be made to ascertain the reason for the delay.
The motion to defer the application was proposed by Councillor G A Fairhurst for the reason above. Councillor J Ellis seconded the deferral of the application for the same reason. The vote on the motion to defer the application was carried by 12 votes to 0 with 2 abstentions.
3. In respect of Application A/09/73598, layout single direction two lane highway with associated cycle and pedestrian routes and landscaping, the Committee delegates authority to the Service Director Development for approval following expiration of the relevant time period of the notice in the newspaper that refers to land ownership.
4. In respect of Application A/09/73677, to erect 3 bedroom detached dwellinghouse on land to be severed from 21 Durham Street (Re-submission A/09/73587), the Committee delegates authority to the Service Director Development to approve the application provided no objections are received from the Coal Authority.
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
Decision: Deferred (see minute 35(2) also).
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 letter of objection received from a local resident. Councillor R M Bleakley 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 GDS 1496 Rev A received 06.10.2009.
2. Within 14 days of the date of this permission, a scheme to obscurely glaze the three window openings in the eastern elevation of the conservatory next to the common boundary with 34 Heathfield Drive shall be submitted for the written approval of the Local Planning Authority. The scheme shall be implemented within one month of the date of the Council's written approval, and shall be permanently retained thereafter.
Reasons:
1. For the avoidance of doubt, and having regard to Policy EV3A of the replacement Wigan UDP.
2. To prevent any perception of overlooking to the neighbouring property, as required by Policy R1D of the Replacement Wigan UDP.
(Councillor B Bowen declared a prejudicial interest in this application as he knew the objector and left the meeting during discussion thereon.)
A/09/73598 Layout single direction two lane highway with associated cycle and pedestrian routes and landscaping
Location: Land between Pottery Road and Saddle Junction to the south of Eleanor Street and Melverley Street, Wigan (Douglas Ward)
Applicant: Wigan Council
8 letters of objection received from local residents and businesses. 23 letters of support received.
Decision: Approved (see minute 35(3) also).
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;
- LC337011/00/001/H
- H/8650/PLANNING/1
- H/8650/PLANNING/2
- H/8650/PLANNING/3
- H/8650/TXSECT/1
- H/8650/TXSECT/2
- H/8650/XSECT/1
- H/8650/XSECT/2
2. 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. The scheme shall indicate any phasing for landscaping in accordance with any phasing for the construction of the road. All works in accordance with each phase of the scheme shall be completed within a period of 3 months from the date on which the phase 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.
3. Prior to the commencement of any development details, including the colour, of the crash barrier located around the pier of Adam Viaduct shall be submitted to and approved in writing by the Local Planning Authority. The agreed details shall be implemented in full before the road is first brought into use and maintained at all times in the future.
4. Should development commence on any date after 19 August 2010 a further water vole survey should be undertaken prior to the commencement. The survey must be submitted to and approved in writing by the Local Planning Authority and its recommendations implemented in full.
5. Should development commence on any date after 19 August 2010 a further bat survey should be undertaken prior to the commencement. The survey must be submitted to and approved in writing by the Local Planning Authority and its recommendations implemented in full.
6. Construction of the road hereby approved shall take place during the following hours only:
- Monday to Friday 07.00 to 19.00
- Saturday 07.00 to 13.00,
There shall be no work outside these hours or on Sundays or Bank Holidays, unless alternate hours have been agreed by prior arrangement by the Local Planning Authority.
7. Prior to the commencement of any development a Construction Environmental Management Plan should be submitted to and approved in writing by the Local Planning Authority. The measures agreed in this plan shall be carried out in full during any construction works associated with the road.
8. Prior to the commencement of the development details of the low noise road surfacing to be used throughout the scheme shall be submitted to and approved in writing by the Local Planning Authority. The road shall only be constructed in accordance with the approved surfacing and this type of surfacing, or an alternative of similar or better noise reduction, shall be retained at all times in the future.
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 sound attenuation barrier to a height of 3.5m along the boundary of the road. The agreed details of the structure must be implemented in full prior to the road being first brought into use and maintained at all times.
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 road is first brought into use.
11. 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.
12. 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.
13. Prior to the commencement of any development hereby approved provision shall be made on or adjacent to 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 PlanningAuthority before the commencement of the development. The development shall be carried out only in accordance with the approved details.
14. Prior to the commencement of the development details of the measures to be incorporated in the scheme to provide for the safety of the users of the footpath/cycleway (including methods if appropriate to ensure segregation between cyclists and pedestrians) and to prevent the inappropriate use of the footpaths/cycleways shall be submitted to and approved in writing by the Local Planning Authority. This shall include details where the new footpath/cycleway links to existing footpaths/cycleways. The footpath/cycleway shall not be brought into use unless the agreed details have been implemented in full.
15. Before the development hereby approved is commenced, details of the method of drainage from the site, including a timeframe for connection of the surface water detention tank, 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 use of the road shall commence until it has been connected to the approved drainage system.
16. Prior to the commencement of any development details of the treatment of the gable wall of 48 Eleanor Street following the demolition of 50 Eleanor Street shall be submitted to and approved in writing by the local planning authority. The agreed details shall be carried out in full.
Reasons:
1. For the avoidance of doubt, and having regard to Policy EV3A of the replacement Wigan UDP.
2. To help to assimilate the proposed development into its surroundings, reduce the visual impact of the development and to reduce any impact on air quality having general regard to Policies EV1B, EV3A, and EV3D of the replacement Wigan UDP.
3. To protect the structure whilst respecting the setting of the listed structure having regard to Policy EV4B of the Replacement UDP.
4. Surveys relating to the protected species that have been undertaken are relevant only to a limited length of time and need to be reviewed to ensure that water voles are adequately protected during construction and once the development is completed having general regard to Policy EV2D of the replacement Wigan UDP.
5. Surveys relating to the protected species that have been undertaken are relevant only to a limited length of time and need to be reviewed to ensure that bats are adequately protected during construction and once the development is completed having general regard to Policy EV2D 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 minimise the noise on existing uses in the vicinity, having regard to Policies EV1B and G1A of the replacement Wigan UDP.
9. To minimise any impact on air quality and minimise the noise on existing uses in the vicinity, having regard to Policies EV1B and 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. 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.
12. To avoid contamination of the surface water system, in accordance with Policy EV1B of the replacement Wigan UDP.
13. 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.
14. To ensure the safety of users of the footpaths/cycleways is taken into account, to protect the amenities of existing residents and minimise impacts on air quality, taking into account policies EV3A, A1C, A1D, A1E, A1U, EV1B and G1A of the replacement UDP.
15. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A and G1C of the replacement Wigan UDP.
16. To ensure that the external appearance of the buildings is satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.
A/09/73677 To erect 3 bedroom detached dwellinghouse on land to be severed from 21 Durham Street (Re-submission A/09/73587)
Location: Land adjacent 21 Durham Street, Wigan (Aspull New Springs Whelley Ward)
Applicant: Miss V Morley
No representations received.
Decision: Approved (see minute 35(4) also).
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 references REF: 21D201, 21D202, 21D203 and 21D204
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 any part of the development hereby approved is commenced, a scheme specifying the location, type, height and design of boundary treatments for the development, including that for the site frontage with Durham Street, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme of boundary treatment shall be fully completed prior to the first occupation of the new dwelling.
4. Notwithstanding the details shown on the approved site plan, car parking provision shall be provided in the positions shown on Drawing REF: 21DS04. This provision 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 in accordance with a scheme to be submitted to, and approved in writing by the Local Planning Authority prior to the commencement of development. The duly approved car parking scheme shall be implemented in full prior to first occupation of the new dwelling, and shall be retained thereafter.
5. 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.
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 the house hereby permitted.
7. 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.
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 allow for vehicles visiting the site to be parked clear of the public highway, in accordance with Policies A1R and A1S of the replacement Wigan UDP.
5. To ensure that the details of the development are satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.
6. To 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. 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.
