Agenda item

Supplementary report of Corporate Director (Business) enclosed.

Outline planning permission granted subject to a Legal agreement

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

 

(The ward representative, Councillor Doreen Dickinson also addressed the Committee and spoke against the proposals)

 

Application no:                   08/00320/OUTMAJ

Proposal:                   Outline planning permission for the residential redevelopment of the site comprising of 45 dwellings (comprising a mix of apartments in 3-storey block, 2, 2.5 and 3 storey dwelling houses), and means of access into the site.

Location:                    Croston Timber Works Goods Yard, Station Road, Croston, Leyland

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Shaun Smith, and was subsequently RESOLVED (11:2) to grant outline planning permission subject to a legal agreement and the following conditions:

 

1.                  Prior to the commencement of the development hereby permitted, full details of how all dwellings/apartments will be constructed to comply with Level 3 of the Sustainable Code for Homes shall have been submitted to and approved in writing by the Local Planning Authority, unless it can be demonstrated that the achievement of this is not actually possible. The development shall only be carried out in accordance with the approved details thereafter.

Reason: To ensure the properties are energy efficient and in accordance with Policy No. EP22 of the Chorley Borough Local Plan Review.

 

2. The development hereby permitted shall not commence until a Construction Methodology has been submitted to and approved in writing by the Local Planning Authority in liaison with Network Rail. The construction Methodology address all the issues raised in the comments from Network Rail dated 30 April 2008 appended to this decision notice.

Reason: To ensure the safety, operational needs and integrity of the railway.

 

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 prior to substantial completion of the development.

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

 

4. The application for approval of the reserved matters shall be accompanied by full details of existing and proposed ground levels and proposed building slab levels (all relative to ground levels adjoining the site), notwithstanding any such detail shown previously submitted plans and where slab levels of the proposed dwellings directly adjacent to Langdale Avenue are to be 0.5m or more above that of existing housing, the spacing guidelines within Appendix 2 of the Council’s “Guidelines for new housing developments” should be increased by 1m for every 0.25 difference in slab level. 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 amenities of local residents and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

 

5. 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 been previously submitted. The scheme shall take into account the comments from Network Rail dated 30 April 2008 and 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 the 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.

 

6. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding sessions following the occupation of any buildings or the completion of the development, whichever is sooner, 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 a 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.

 

7. 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 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 of the Adopted Chorley Borough Local Plan Review.

 

8. 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.

 

9. Any integral garages in dwellings hereby permitted shall be kept freely available for the parking of cars, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995.

Reason: To ensure adequate garaging/off street-parking provisions is made/maintained and thereby avoid hazards caused by on-street parking and in accordance with Policy No. 7 of the Joint Lancashire Structure Plan

 

10. The development hereby permitted shall only be carried out in accordance with the details set out in the Design and Access Statement dated 19 June 2008 and the indicative site plan dated 17 June 2008 unless an alternative or variation to the Design and Access Statement or site plan has first been submitted to and approved in writing to the Local Planning Authority wherein the development shall only thereafter be carried out in accordance with the amended Design and Access Statement and/or site plan.

Reason: To provide a satisfactory form of development and in accordance with policies GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

 

11. Prior to the commencement of the development 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 unadopted highways and public open spaces and in accordance with Policies TR4 and HS21 of the Adopted Chorley Borough Local Plan Review.

 

12. No development approved by this permission shall be commenced until a scheme for the provision and implementation, of a surface water regulation system has been submitted to and approved by the Local Planning Authority in consultation with the Environment Agency to attenuate surface water run off rates to existing levels. The scheme shall be completed in full accordance with the approved details prior to the occupation of any of the dwellings and shall be retained and maintained as such at all times thereafter.

Reason: To reduce the increased risk of flooding and in accordance with Policy Nos. EP18 and EP19 of the Chorley Borough Local Plan Review.

 

13. The new estate road between the site and Station Road shall be constructed in accordance with the Lancashire County Council specification for Construction of Estate Roads to be at least base course level before any development takes place within the site.

Reason: To ensure that satisfactory access is provided to the site before the development hereby permitted becomes operative and in accordance with Policy No. TR4 of the Chorley Borough Local Plan Review and Policy 7 of the Joint Lancashire Structure Plan.

 

14. Before the use of the site hereby permitted is brought into operation, facilities shall be provided within the site by which means the wheels of vehicles may be cleaned before leaving the site in accordance with details which have first been submitted to and approved in writing by the Local Planning Authority. The wheel washing facilities shall only be removed from the site following written approval from the Local Planning Authority.

Reason: To avoid the possibility of the public highway being affected by the deposit of mud and/or loose materials thus creating a potential hazard to road users and in accordance with Policy No. TR4 of the Chorley Borough Local Plan Review.

 

15. The proposed estate road from the site to Station Road shall be constructed to a (minimum) width of 5.5m with 6.0m radius kerbs and 2m footways to both sides of the estate road to a minimum point across the estate road that lines through with the frontage of the De Trafford Arms.

Reason: In the interest of highway safety and in accordance with Policy TR4 of the Chorley Borough Local Plan Review.

 

16. The existing access to the Railway Station shall be physically and permanently closed and the existing footway and kerbing of the vehicular crossing shall be reinstated in accordance with the Lancashire County Council Specification for Construction of Estate Roads concurrent with the formation of the new access which shall be completed in full prior to the first occupation of any of the dwellings and/or apartments hereby permitted.

Reason: To limit the number of access points to, and to maintain the proper construction of the highway and in accordance with Policy No. TR4 of the Chorley Borough Local Plan Review.

 

17. Surface water must drain separate from the foul and no surface water will be permitted to discharge to the foul sewerage system. If it is proposed that surface water is to be discharged to the public surface water sewerage system, full details of the surface water drainage system including flow discharge rate shall first be submitted to and approved in writing by the Local Planning Authority in liaison with United Utilities. The surface water drainage system shall thereafter only be implemented in accordance with approved details and maximum discharge rate specified by United Utilities.

Reason: To secure proper drainage and in accordance with Policy No. EP17 of the Adopted Chorley Borough Local Plan Review.

 

18. The development hereby permitted shall not commence until a survey of the site to identify the presence of Barn Owls has been submitted to and approved in writing by the Local Planning Authority in liaison with LCC (Ecology). If the survey identifies the presence of Barn Owls on the site, a schedule of mitigation measures shall be proposed and implemented in full to ensure ongoing protection and safe translocation of the Barn Owls prior to the commencement of works on site.

Reason: To determine the presence of Barn Owls and propose suitable mitigation measures as Barn Owls are listed in Schedule 1 of the Wildlife and Countryside Act 1981 (as amended) and are therefore protected species and in accordance with Policy No. EP4 of the Chorley Borough Local Plan Review.

 

19. No development approved by this planning permission shall be commenced until:

(a) A desktop study has been undertaken to identify all previous site uses, potential contaminants that might reasonably be expected given those uses and other relevant information. Using this information a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors has been produced.

(b) A site investigation has been designed for the site using the information obtained from (a) above. This should be submitted to, and approved in writing by the local planning authority prior to that investigation being carried out on the site.

(c) The site investigation and associated risk assessment have been undertaken in accordance with details approved in writing by the local planning authority.

(d) A Method Statement and remediation strategy, based on information obtained from (c) above has been submitted to and approved in writing by the Local Planning Authority.

The development shall then proceed in strict accordance with the measures approved. Work shall be carried out and completed in accordance with the approved record statement and remediation strategy referred to in (d) above, and to a timescale agreed in writing by the local planning authority.

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 addendum to the Method Statement. This addendum to the Method Statement must detail how this unsuspected contamination shall be dealt with.

Upon completion of the remediation detailed in the Method Statement a report shall be submitted to the planning authority that provides verification that the required works regarding contamination have been carried out in accordance with approved Method Statement(s). Post remediation sampling and monitoring results shall be included in the report to demonstrate that the required remediation has been fully met. Future monitoring proposals and reporting shall also be detailed in the report.

Reason: To identify all previous site uses, potential contaminants that might reasonably be expected given those uses and source of contamination, pathways and receptors and to enable a risk assessment to be undertaken, refinement of the conceptual model, and the development of a Method statement and Remediation Strategy. In relation to (c) and (d), to ensure that the proposed site investigation and remediation strategy will not cause pollution of ground and surface waters both on and off site and in accordance with Policy EP16 of the Chorley Borough Local Plan Review.

 

20. All operations, including the use of cranes or other mechanical plant working adjacent to Network Rail’s property, must at all times be carried out in a ‘fail safe’ manner such that in the event of mishandling, collapse or failure, no materials or plant are capable of falling within 3.0m of the nearest rail of the adjacent railway line or where the railway is electrified, within 3.0m of overhead electrical equipment or supports.

Reason: To ensure the safety, operational needs and integrity of the railway.

 

21. All surface and foul water arising from the proposed works must be collected and diverted away from Network Rail property.

Reason: To ensure the safety, operational needs and integrity of the railway and in accordance with policy No. EP18 of the Chorley Borough Local Plan Review.

 

22. Prior to the commencement of development, full details of a suitable trespass proof fence (of at least 1.8m in height) adjacent to Network Rail’s boundary shall have been submitted and approved in writing by the Local Planning Authority in liaison with Network Rail. The fence shall be erected prior to the occupation of any dwellings and/or apartments on the site and shall be maintained/renewed as such at all times thereafter and Network Rail’s existing fencing/wall must not be removed or damaged.

Reason: To ensure the safety, operational needs and integrity of the railway and in accordance with Policy No. GN5 of the Chorley Borough Local Plan Review.

 

23. The reserved matters application shall include details of suitable crash barriers and/or high kerbs to prevent vehicles accidentally driving/rolling on to the railway or damaging the line side fencing where new roads, turning spaces or parking areas are situated adjacent to a railway which is at or below the level of development.

Reason: To ensure the safety, operational needs and integrity of the railway and in accordance with Policy No. TR4 of the Chorley Borough Local Plan Review.

 

24. An application for approval of the reserved matters (namely the scale and external appearance of the buildings and the layout and landscaping of the site) must be made to the Council before the expiration of three years from the date of this permission and the development hereby permitted must be begun two years from the date of approval of the last of the reserved matters to be approved.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.