Agenda item

Report of Corporate Director (Business) (enclosed)

Outline planning permission granted subject to a legal agreement.

(The Committee heard representations from the ward representative Councillor Ralph Snape on the proposals)

Application no:            08/00928/OUTMAJ

Proposal:                   Proposed erection of 19 no two storey dwellings and associated works

Location:                    Rydal House, Chorley Hall Road, Chorley

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Ken Ball, and was subsequently RESOLVED to grant outline planning permission subject to a legal agreement and the following conditions:

1. No development shall take place until a survey has been carried out by a competent person of the existing buildings on the site for the presence of bats.  The results of the survey shall be made available to the Local Planning Authority and any recommendations for compensation measures should a bat roost be found agreed in writing by the Local Planning Authority before development commences.  The necessary works shall be carried out before building work on site commences.

Reason: to secure the preservation of protected species in accordance with Policy EP3 of the Adopted Chorley Borough Local Plan Review.

2. Before the development hereby permitted is first commenced, full details of the following reserved matters namely design and appearance and landscaping 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 and HS4 of the Adopted Chorley Borough Local Plan Review.

3. The development hereby permitted shall not commence until full details of the colour, form and texture of all external facing materials to the proposed buildings (notwithstanding any details shown on the 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.

4. 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.

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 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.

6. 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 by managed by the approved Management Company.

Reason: To ensure the satisfactory management of the private driveway, resident’s parking spaces and refuse storage/collection at the site and in accordance with Policy TR4 of the Adopted Chorley Local Plan Review.

7. No development shall take place until:

a methodology for investigation and assessment of ground contamination has been submitted to and agreed in writing with 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 Site – 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 mitigation within and beyond the site boundary:

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;

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 shall be submitted to the Local Authority.

Thereafter, the development shall only be carried out in full accordance with the approved remediation proposals.

Should, during the course of the development, any contaminated material other than that referred to in the investigation and risk assessment report and identified for treatment in the remediation proposals be discovered, then the development should cease until such time as further remediation proposals 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 In accordance with the guidance in PPS23.

8. Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences and walls to be erected to the site boundaries (notwithstanding any such detail shown on previously submitted plans) shall have been submitted to and approved in writing by the Local Planning Authority.  No building shall be occupied or land used pursuant to this permission before all walls and fences have been erected in accordance with the approved details.  Fences and walls shall thereafter be retained in accordance with the approved details at all times.

Reason:  To ensure a visually satisfactory form of development, to protect the amenities of occupiers of nearby property and in accordance with Policy No. GN5 of the Adopted Chorley Borough Local Plan Review.

9. The development hereby permitted shall be carried out in accordance with the amended plan received on the 5^th November 2008.

Reason:  To define the permission and ensure a satisfactory form of development.

10. 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.

11. The application for approval of Reserved Matters shall be accompanied by full details of the predicted energy use of the development expressed in terms of carbon emissions and a schedule setting out how energy efficiency is being addressed, including benchmark data. It will show the on-site measures to be installed and implemented so as to produce a minimum of 10%, or locally set targets (whichever is the higher) in place at the receipt of the reserved matters, of the predicted energy use of the development by means of low carbon energy sources. Appropriate on-site measures include rainwater/brown water recycling. No development shall commence until the scheme has been submitted to and approved in writing by the Local Planning Authority. Such details as may be approved shall be implemented and retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the proper planning of the area, in line with the objective of National Planning Policy contained in Planning Policy Statement: Planning, the Climate Change Supplement to PPS1 and Chorley Borough Council's Sustainable Resources DPD.