Agenda item

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to amended conditions and a Legal Agreement

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

 

(The ward representative, Councillor Hasina Khan also addressed the Committee and spoke against the proposals)

 

Planning Application                 07/01426/FULMAJ

Proposal:                   Erection of 149 residential dwellings including landscaping and access of Froom Street.

Location:                    Talbot Mill, Froom Street, Chorley

Decision:

It was proposed by Councillor Terry Brown, seconded by Councillor Julia Berry to defer the decision to allow the Members of the Committee to visit the site of the proposed development.

 

An amendment to the motion was proposed by Councillor Harold Heaton, seconded by Councillor Roy Lees, and was subsequently RESOLVED (8:7) to grant planning permission subject to a Legal Agreement and 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. 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 previously submitted plans.  The development shall only be carried out in conformity with the approved 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 Adopted Chorley Borough Local Plan Review.

 

3. 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 previously submitted 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 Adopted Chorley Borough Local Plan Review.

 

4. 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 areas 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 Nos. EP9 of the Adopted Chorley Borough Local Plan Review.

 

5. The development hereby permitted shall not commence until samples of all external facing materials to the proposed buildings (notwithstanding any details 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 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 HS4 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. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

 

7. Prior to the commencement of the development a scheme for the provision and implementation of a surface water regulation system shall be submitted to and approved in writing by the Local Planning Authority. The scheme thereafter shall be completed in accordance with the approved details.

Reason: To reduce the increased risk of flooding and in accordance with Policy 24 of the Joint Lancashire Structure Plan and Government advice contained in PPS25 Development and Flood Risk

 

8. The development hereby approved shall be carried out in accordance with the measures outlines in the Flood Risk Assessment dated December 2007 and the addendum to the Flood Risk Assessment dated 18th February 2008 carried out by Weetwood Environmental Engineering.

Reason: To reduce the risk of flooding and in accordance with Policy 24 of the Joint Lancashire Structure Plan and Government advice contained in PPS25 Development and Flood Risk

 

9. Prior to the commencement of the development a Method Statement shall be submitted to and approved in writing by the Local Planning Authority. The Method Statement shall include measures to ensure the protection of the Leeds Liverpool Canal during construction. Including measures to prevent any pollution of the canal by construction materials, dust or contaminated surface water run-off. The development thereafter shall be carried out in accordance with the approved method statement.Reason: To ensure the development does not adversely impact on the water course and in accordance with Policy EP17 of the Adopted Chorley Borough Local Plan Review.

 

10. Prior to the occupation of the dwellinghouses hereby permitted the emergency access link from Bagganley Lane shall be constructed and operational in accordance with a scheme, which has been submitted to and approved in writing by the Local Planning Authority. The details shall include the measures to be implemented to prevent vehicular access except in emergencies and shall include details of proposed signage, details of the proposed bollards and samples of the proposed hard surfacing materials. The development thereafter shall be carried out in accordance with the approved scheme.

Reason: To ensure the acceptable development of the site and in accordance with Policy GN5 of the Adopted Chorley Borough Local Plan Review.

 

11. Prior to the first use of the development hereby permitted, a Residential Travel Plan shall be submitted to and approved in writing by, the local planning authority. The measures in the agreed Travel Plan shall then thereafter be complied with unless otherwise agreed in writing by the Local Planning Authority.Reason: To reduce the number of car borne trips and to encourage the use of public transport and to accord with Policies TR1 and TR4 of the Adopted Chorley Borough Local Plan Review.

 

12. Prior to the occupation of the dwellinghouses hereby permitted the highway serving the site and the traffic calming measures along Froom Street shall have been completed in accordance with the approved details shown on plans referenceP2040/04/118A and 04/210/100/003A, or as otherwise agreed in writing by the Local Planning Authority.

Reason:  In the interests of highway safety and in accordance with Policy No.TR4 of the Adopted Chorley Borough Local Plan Review.

 

13. Prior to the felling of trees which have the potential to support bat roosts the trees and bridges shall be resurveyed to establish the presence of bats. The survey shall include the recommendations set out within the by Penny Anderson Associates Ltd. 2006. Baxter Estates Ltd, Talbot Mills, Ecological Assessment (paragraphs 6.5-6.15). If bats are found to be present work on site should cease and a professionally qualified Ecologist should be consulted to ensure that there will be no harm to bats.

Reason: In the interest of  the continued protection of protected species and in accordance with Policy EP4 of the Adopted Chorley Borough Local Plan Review.

 

14. Prior to the commencement of the development a scheme for the provision of bat boxes/ bat bricks and bird boxes shall be submitted to an approved in writing by the Local Planning Authority. The scheme shall include the number proposed and the proposed location. The development thereafter shall be carried out in accordance with the approved details.

Reasons: In the interests of protected species and providing nesting opportunities for protected species. In accordance with Policy EP4 of the Adopted Chorley Borough Local Plan Review.

 

15. An undeveloped buffer zone of at least 5m should be retained along the watercourses and should include the pond to the north of the site. This buffer zone must be protected from construction activities (e.g. run-off/pollution, the storing of any material, or vehicle movements), and secured herras fencing at least 5m from the brook and canal shall be erected and retained during the period of construction to ensure the continued protection of Water Voles and the water bodies. 

Reason: In the interests of the continued protection of protected species and to ensure the water body is not affected by any changes to drainage/hydrology, and does not receive any surface run-off or pollution from the development site. In accordance with Policies EP4 and EP17 of the Adopted Chorley Borough Local Plan Review.

 

16. 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.

 

17. The site shall be remediated in accordance with the approved remediation proposal, reference TC/P2062/04/GC produced by Gary Clarke (& Kathryn Iddon) of Thomas Consulting. Upon completion of the remediation works a validation report containing any validation sampling results shall be submitted to 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 Government advice contained in PPS23: Planning and Pollution Control

 

18. 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

 

19. Notwithstanding the previously submitted plans, prior to the commencement of the development, full details of the proposed bin storage shall be submitted to and approved in writing by the Local Planning Authority. Provision should be made to ensure adequate storage is provided for household waste and adequate access is provided for collection vehicles/ crews. The submitted details should accord with Chorley Borough Council's Waste Storage and Collection Guidance for New Developments. The development thereafter shall be carried out in accordance with the approved details.

Reason: To ensure that adequate refuge storage is provided on site and in accordance with Policy HS4 of the Adopted Chorley Borough Local Plan Review.

 

20. Notwithstanding the previously submitted plans, prior to the commencement of the development details of the cycle parking provision associated with the apartment blocks shall be submitted to and approved in writing by the Local Planning Authority. The cycle parking provision shall be in accordance with the approved details.

Reason : To ensure adequate on site provision for cycle parking and in accordance with Policies No. TR18 and HS4 of the Adopted Chorley Borough Local Plan Review.

 

21. Prior to the commencement of the development full details of the walkway enhancements along the canal and the Black Brook shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the proposed improvement measures (e.g replacement seating), a demonstration that a circuitous route can be achieved and evidence that the route is fully accessible, including disabled access. Additionally the details shall include the footpath link to the housing development to the south of the site. 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 the future amenities of the residents. In accordance with Policy GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

 

22. Prior to the commencement of the dwellinghouses on plots 70-73, 74-79, 80-85, 100-103 and 107 full details of the measures to be incorporated to protect dwellings affected by the M61 Motorway, shall be submitted to and approved in writing by the Local Planning Authority. All work which form part of the approved scheme shall be completed before the first occupation of the noise-sensitive dwellings and noise protection measures shall be retained thereafter.

Reason: To protect the amenities of the future occupiers of the properties affected by the motorway and in accordance with Policy EP20 of the Adopted Chorley Borough Local Plan Review.

 

23. Prior to the commencement of the development full details of the laying out of the public open space and equipped play area shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include full details of the play equipment and other equipment to be provided. The approved scheme shall be completed prior to the occupation of the dwellings on plots 1-4, 10-15 and 146-149 and the open space and play area shall be retained thereafter.

Reason: To ensure adequate provision is made for public open space and in accordance with Policies GN5 and HS19 of the Adopted Chorley Borough Local Plan Review.

 

24. Prior to the occupation of the dwellinghouses hereby permitted full details of the Management Company to deal with the future management and maintenance of the site shall be submitted to and approved in writing by the Local Planning Authority. The site shall thereafter be managed by the approved Management Company.

Reason: To ensure the satisfactory management of the private driveways and refuse storage/ collection at the site and in accordance with Policy TR4 of the Adopted Chorley Borough Local Plan Review.

 

25. Prior to the commencement of the development full details of a scheme for the collection and storage of rainwater shall be submitted to and approved in writing by the Local Planning Authority. The submitted information shall include full details of the systems to be installed at each of the apartment blocks and individual residential units, and how this water will be recycled within the residential units.

Reason: In the interests of reducing the potential of flooding at the site and as a contribution to renewable energy resources at the site. In accordance with Government advise contained in Planning Policy Statement 1: Delivering Sustainable Development, the supplement to PPS1: Planning and Climate Change and Planning Policy Statement 25: Development and Flood Risk.

 

26. An undeveloped buffer zone of at least 5m should be retained along the watercourses and should include the pond to the north of the site. This buffer zone must be protected from construction activities (e.g. run-off/pollution, the storing of any material, or vehicle movements), and secured herras fencing at least 5m from the brok and canal shall be erected and retained during the period of construction to ensure the continued protection of water voles and the water bodies.

Reason: To ensure the buffer zone is retained.