Agenda item

Report of Corporate Director (Business) (enclosed)

Full planning permission granted

Application No:            07/01051/FULMAJ

Proposal:                   House type substitutions, the erection of 3 additional dwellings and minor revisions to roads serving plots 84 – 161. Part amendment to the originally approved layout ref 9/02/00680/REMMAJ (site area 7.83 hectares)

Location:                    Land between Froom Street and Crosse Hall Lane, Chorley

Decision:

It was proposed by Councillor Danny Gee, seconded by Councillor Patricia Haughton, and subsequently RESOLVED (11:0) with 1 abstention to grant planning permission subject to the following conditions:

1. The proposed development must be begun not later than two years from the date of this permission.

Reason: Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. No drainage from the proposed development shall run off into the motorway's drainage system, nor shall any such new development adversely affect any motorway drainage.

Reason: To maintain the stability of the motorway and in accordance with Policy Nos. EP15 and EP18 of the Adopted Chorley Borough Local Plan Review

3. There shall be no development on or adjacent to any motorway embankment that shall put any such embankment or earthworks at risk.

Reason: To maintain the stability of the motorway and in accordance with Policy No. EP15 of the Adopted Chorley Borough Local Plan Review.

4. Before the development hereby permitted is first commenced there shall have been submitted to and approved in writing by the Local Planning Authority a scheme for incorporating archaeological features at the site within the development.

Reason: In the interests of retaining features of archaeological interest at the site.

5. No vehicles shall access the site for the purposes of the construction of the development hereby permitted until after the completion of the development permitted by planning permission 9/98/00208/FUL (for the provision of a new access road and canal bridge) dated 17 February 1999 and thereafter all vehicles entering and leaving the site in connection with the construction of the development hereby permitted shall only do so via the new access road and canal bridge permitted under planning permission 9/98/00208/FUL, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of highway safety and the amenities of local residents and in accordance with Policy TR4 of the Adopted Chorley Borough Local Plan Review.

6. The development shall be carried out in accordance with the approved scheme for protecting the proposed dwellings from noise from the M61 motorway has been submitted to. The approved schemes referred to are W2715/PJ/22291 (received 19th August 2002) and HB155/04/07/NEW (received 27th September 2002). All works which form part of the approved scheme shall be completed before any of the permitted dwellings are occupied.

Reason:  In the interests of the amenity of future occupants of the proposed dwellings and in accordance with Policy EP20 of the Adopted Chorley Borough Local Plan Review.

7. Before any development associated with the erection of houses on plots 84 to 164 are commenced the acoustic and screen mound alongside the M61 motorway, as shown on the previously approved plans, shall have been formed in full. Prior to the first occupation of any dwellings on plots 91to 134 the previously approved scheme of landscaping to the acoustic and screen mound and a screen fence to its base shall have been implemented in full.

Reason: In the interests of the amenities of the future occupiers of houses within the development and in accordance with Policy EP20 of the Adopted Chorley Borough Local Plan Review

8. Before any development hereby permitted is first commenced the temporary protective metal fencing along the full length and both sides of Black Brook shall have been erected in accordance with the approved details. The fencing, thereafter, shall remain in place at all times during the course of the permitted development being carried out, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the watercourse and prevent debris and construction material from encroaching into this area and in accordance with Policy EP17 of the Adopted Chorley Borough Local Plan Review.

9. The development hereby permitted shall be carried out in accordance with the approved schemes for preventing the use by motorised traffic (except in the case of an emergency) of the pathway link between Froom Street and the estate road adjacent to plot 91 and the pathway link between Crosse Hall Lane and the estate road adjacent to plot 136. Prior to the first occupation of any dwelling within plot 91 and 129-145 the said pathways shall have been fully tarmac surfaced, the approved means of preventing its use by motorised traffic implemented in full and it shall have been made available for use by the public.

Reason: In the interests of highway safety and the amenities of local residents and in accordance with Policy TR4 of the Adopted Chorley Borough Local Plan Review

10. Before the development hereby permitted is first commenced there shall have been submitted to and approved in writing by the Local Planning Authority a method statement for providing protection to protected species during the course of the development and a ten year plan (including provision for protecting all protected species and their habitats) for the maintenance and management of all areas other than garden curtilages and highways. Thereafter, the approved method statement and ten year maintenance and management plan shall be fully complied with and implemented in full.

Reason: In the interests of the visual amenities of the development, the amenities of future residents and nature conservation and in accordance with Policies GN5 and EP4 of the Adopted Chorley Borough Local Plan Review and Government advice contained in PPS9.

11. The development hereby permitted shall be carried out in accordance with the approved scheme for the provision and implementation of a surface water regulation system to limit surface water run off from the completed development to existing rates.

Reason: To reduce the increased risk of flooding and in accordance with Government advice contained in PPS25: Development and Flood Risk.

12. The development hereby permitted shall be carried our in accordance with the approved details of the measures to be taken, during the period of construction, to prevent mud and other debris being carried onto the public highway by vehicles leaving the site. The agreed measures shall be implemented in full before commencement of the development and retained in operation until such time as the development is complete.

Reasons: In the interests of highway safety and in accordance with Policy TR4 of the Adopted Chorley Borough Local Plan Review.

13. the development hereby permitted shall be carried out in accordance with the approved details of the existing and proposed ground levels (including bank profiles) within the open space area to be formed alongside Black Brook, the provision to be made for fencing of the brook / land alongside it and the phasing of its provision. The open space area levels shall be formed and the fencing installed in accordance with the approved details.

Reason: In the interests of the safety of future users of the open space area.

14. The site shall be remediated fully in accordance with recommendations made in the Ground Investigation and Remediation Statement Ref: 588/02 Chorley, Crosse Hall Mill Farm (May 2004) by Woodford Consulting Engineers Ltd.

Reason: To protect the environment and prevent harm to human health by ensuring that the land is remediated to an appropriate standard for the proposed end use and in accordance with Government advice contained in PPS23: Planning and Pollution Control

15. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

Reason: To protect the environment and prevent harm to human health by ensuring that the land is remediated to an appropriate standard for the proposed end use and in accordance with Government advice contained in PPS23: Planning and Pollution Control

16. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (Schedule 2, Part 1, Classes A to E), or any order amending or revoking and re-enacting that Order, no alterations or extensions shall be undertaken to the dwelling(s) 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 locality and in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.