Agenda item

Report of Director of Partnerships, Planning and Policy (enclosed).

Outline planning application granted subject to Legal Agreement and conditions.

Councillor Ralph Snape left the meeting at this point.

(The Committee received representations from an objector to the proposals)

(The Committee received representation from Ward Councillor Kevin Joyce on the proposals)

Application:                  10/00159/OUT

Proposal:                     Proposed 6 houses and associated works

Location:                     Land 35m West of 19 Bannister Lane, Eccleston, Lancashire

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor David Dickinson and subsequently RESOLVED -   To grant outline planning permission subject to Section 106 Agreement and the following conditions:

1.   The approved plans are:

Plan Ref.                       Received On:                  Title:

            08-1303-L01                  4 June 2010                      Location Plan

            08-1303-OP01 Rev F    15 September 2010        Site Plan

                   ----------                    15 September 2010        Tree Survey & Constraints Plan

            08-1303-SS01                31 August 2010                Existing Site Sections

            08-1303-SS02                31 August 2010                Proposed Site Sections

      Reason:  To define the permission and in the interests of the proper development of the site.

2.   The development hereby permitted shall only be carried out in accordance with the approved site plan date stamped 15 September 2010 (Ref No. 08-1303-OP01 Revision F) and the scale of the dwellings shall be two storey.

Reason: To define the permission and in accordance with Policy Nos. GN3 and HS4 of the Chorley Borough Local Plan Review.

3.   Before the development hereby permitted is first commenced, full details of all reserved matters (namely the siting, design, external appearance of the building(s), the means of access thereto and the landscaping of the site) shall be submitted to and approved in writing by the Local Planning Authority.

      Reason: The permission is in outline only and in accordance with Policy Nos. GN5, HS4 and TR4 of the Chorley Borough Local Plan Review.

4.   Each dwelling hereby permitted shall be constructed to achieve the relevant Code for Sustainable Homes Level required by Policy SR1 of the Sustainable Resources DPD (Level 3 for all dwellings commenced from 1 January 2010, Level 4 for all dwellings commenced from 1 January 2013 and Level 6 for all dwellings commenced from 1^st January 2016) and achieve 2 credits within Issue Ene7: Low or Zero Carbon Technologies.

Reason: To ensure the development is in accordance with Government advice contained in Planning Policy Statement: Planning and Climate Change - Supplement to Planning Policy Statement 1 and in accordance with Policy SR1 of Chorley Borough Council's Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document.

5.   The development hereby permitted shall not commence until samples of all external facing materials to the proposed building(s) (notwithstanding any details shown on previously submitted plan(s) and specification) have been submitted to and approved in writing by the Local Planning Authority.  The development shall only be carried out using the approved external facing materials.

      Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 and HS6 of the Chorley Borough Local Plan Review.

6.   Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences and walls to be erected (notwithstanding any such detail shown on the approved plans) shall have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until all fences and walls shown in the approved details to bound its plot have been erected in conformity with the approved details.  Other fences and walls shown in the approved details shall have been erected in conformity with the approved details prior to substantial completion of the development.

      Reason:  To ensure a visually satisfactory form of development, to provide reasonable standards of privacy to residentsand in accordance with Policy No. HS4 of the Chorley Borough Local Plan Review.

7.   Before the development hereby permitted is first commenced full details of existing and proposed ground levels and proposed building slab levels (all relative to ground levels adjoining the site) shall have been submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail shown  on the approved plans).  The development shall only be carried out in conformity with the approved level details.

      Reason: To protect the appearance of the locality, in the interests of the amenities of local residents and in accordance with Policy Nos. GN5 and HS4 of the Chorley Borough Local Plan Review.

8.   No development shall take place until a scheme of landscaping has been submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail which may have previously been submitted.  The scheme shall indicate all existing trees and hedgerows on the land; detail any to be retained, together with measures for their protection in the course of development; indicate the types and numbers of trees and shrubs to be planted, their distribution on site, those areas to be seeded, paved or hard landscaped; and detail any changes of ground level or landform.

      Reason: In the interests of the amenity of the area and in accordance with Policy No.GN5 of the Adopted Chorley Borough Local Plan Review.

9.   All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

      Reason:  In the interest of the appearance of the locality and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

10. The existing soil levels around the base of the trees to be retained shall not be altered.

      Reason: To safeguard the trees to be retained and in accordance with Policy No. EP9 of the Chorley Borough Local Plan Review.

11. During the construction period, all trees to be retained shall be protected by 1.2 metre high fencing as specified in paragraph 8.2.2 of British Standard BS5837:2005 at a distance from the tree trunk equivalent to the outermost limit of the branch spread, or at a distance from the tree trunk equal to half the height of the tree (whichever is further from the tree trunk), or as may be first agreed in writing with the Local Planning Authority.   No construction materials, spoil, rubbish, vehicles or equipment shall be stored or tipped within the area(s) so fenced.  All excavations within the area so fenced shall be carried out by hand.

      Reason: To safeguard the trees to be retained and in accordance with Policy No. EP9 of the Chorley Borough Local Plan Review.

12. The development hereby permitted shall not commence until full details of the colour, form and texture of all hard ground- surfacing materials (notwithstanding any such detail shown on the approved plans) have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in conformity with the approved details.

      Reason:  To ensure a satisfactory form of development in the interest of the visual amenity of the area and in accordance with Policy Nos. GN5 and HS4 of the Chorley Borough Local Plan Review.

13. Notwithstanding the details shown on the approved plans, the proposed driveways/parking spaces associated with the dwellings hereby permitted shall be constructed using permeable materials on a permeable base, the details of which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The development shall only be carried out using the approved materials and construction details and shall be retained at all times thereafter, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory form of development and to prevent an undue increase in surface water run off. In accordance with Policy No.GN5 and EP18 of the Chorley Borough Local Plan Review.

14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (Schedule 2, Part 1, Classes A to E) (as amended) or any Order amending or revoking and re-enacting that Order, no alterations or extensions shall be undertaken to the dwellings hereby permitted, or any garage, shed or other outbuilding erected (other than those expressly authorised by this permission).

      Reason: To protect the appearance of the localityand in accordance with Policy Nos. GN5 and HS4 of the Chorley Borough Local Plan Review.

15. The development hereby permitted shall not commence until a Method Statement detailing the precautionary measures to be adopted when pruning or felling any trees on the site to safeguard potential bat roosts has been submitted to and approved in writing by the Local Planning Authority. The Method Statement shall detail the timing of any works and how the cutting back of the Ivy at the bases of the trees to allow further inspection after dieback will be carried out prior to any felling or pruning works. Any tree pruning and felling works shall only be carried out in accordance with the approved Method Statement.

Reasons: To safeguard protected species and in accordance with Policy No. EP4 of the Chorley Borough Local Plan Review.

16. All windows in the west facing elevations of the dwellings on plot 1 and plot 6 shall be fitted with Pilkington privacy level 3 obscure glazing (or a glass from an alternative manufacturer with an equivalent level of obscurity) and shall be non-opening. Non-opening obscurely glazed windows shall be retained as such at all times thereafter.

Reason: To protect the amenities of neighbours and in accordance with Policy No. HS4 of the Chorley Borough Local Plan Review.

17.The development hereby permitted shall not commence until the applicant has submitted to and had approved in writing by the Local Planning Authority a report to identify any potential sources of contamination on the site and where appropriate, necessary remediation measures.  The report should include an initial desk study, site walkover and risk assessment and if the initial study identifies the potential for contamination to exist on site, the scope of a further study must then be agreed in writing with the Local Planning Authority and thereafter undertaken and shall include details of the necessary remediation measures.  The development shall thereafter only be carried out following the remediation of the site in full accordance with the measures stipulated in the approved report.

      Reason: In the interests of safety and in accordance with the guidance set out in PPS23 – Planning and Pollution Control 2004.