Agenda item

Report of Corporate Director (Business)

Planning permission granted subject to a Legal Agreement

(Councillors Pat Haughton and Ralph Snape each declared a prejudicial interest in the application and left the meeting during the discussion and voting on the proposal)

(The Committee received representations from the applicant).

Application No:                        07/01140/FULMAJ

Proposal:Proposed construction of 16 apartments and dwellings

Location:Land formerly DTC Cars, Westminster Road, Chorley

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Eric Bell, and subsequently RESOLVED (12:1) to grant planning permission, subject to (i) the prior completion of a Section 106 legal agreement to secure the making up of the highway in front of the development to an adopted standard; (ii) the deposit of a commuted sum to be used for the improvement of car parking facilities either at West Street or other identified location closer to the application site; and (iii) the following conditions:

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

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

2.  The development hereby permitted shall not commence until samples of all external facing materials to the proposed buildings (notwithstanding any details shown on the previous submitted plans and specifications) 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 HS4 of the Adopted Chorley Borough Local Plan Review.

3.  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 Nos HS4 of the Adopted Chorley Borough Local Plan Review.

4.  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 appearance of the locality and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

5.  Surface water must drain separate from the foul and no surface water will be permitted to discharge to the foul sewerage system.

Reason:  To secure proper drainage and in accordance with Policy Nos EP17 of the Adopted Chorley Borough Local Plan Review.

6.  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 previously submitted plans and specification) 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 HS4 of the Adopted Chorley Borough Local Plan Review.

7.  No development shall take place until:

a)   a methodology for investigation and assessment of ground contamination has been submitted to and approved in writing by the Local Planning Authority.  The investigation and assessment shall be carried out in accordance with current best practice including British Standard 10175:2001 “Investigation of potentially contaminated sites – Code of Practice”.  The objectives of the investigation shall be, but not limited to, identifying the type(s), nature and extent of contamination present to the site, risks to receptors and potential for migration within and beyond the site boundary;

b)  all testing specified in the approved scheme (submitted under a) and the results of the investigation and risk assessment, together with remediation proposals to render the site capable of development have been submitted to the Local Planning Authority;

c)   the Local Planning Authority has given written approval to the remediation proposals (submitted under b), which shall include an implementation timetable and monitoring proposals.  Upon completion of the remediation works, a validation report containing any validation sampling results have been submitted to and approved in writing by the Local Planning Authority.

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 Policy No EP16 of the Adopted Chorley Borough Local Plan Review.

8.  Prior to the commencement of the development full details of the proposed bin stores shall be submitted to and approved in writing by the Local Planning Authority.  The development thereafter shall be carried out in accordance with the approved details.

Reason:  In the interests of the visual amenities of the area and in accordance with Policy GN5 of the Adopted Chorley Borough Local Plan Review.