Agenda item

Report of Corporate Director (Business) (enclosed)

Outline planning permission granted subject to a legal agreement.

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

Application no:            08/01052/OUTMAJ

Proposal:                   Outline application for 12 detached houses, associated garages and access road (including access, layout and scale) following demolition of existing dwellings, offices and workshop/storage buildings.

Location:                    37 – 39 and land to rear Wigan Road, Euxton

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Roy Lees, and was subsequently RESOLVED to grant outline planning permission subject to a Legal Agreement and the following conditions:

1. An application for approval of the reserved matters (namely external appearance of the buildings 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.

2. 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.

3. The application for approval of 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 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.

4. 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.

5. 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.

6. Unless otherwise agreed in writing, 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, the implementation of sustainable urban drainage systems and the provision of storage space for recyclable waste materials and composting.  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, Policies EM16 and EM17 of the Regional Spatial Strategy and Chorley Borough Council’s Sustainable Resources DPD.

7. No dwelling hereby permitted shall be occupied until the site access with Wigan Road has been completed in accordance with the details shown on Drawing No. 05/133/0P04 Rev A (stamp dated 14^th November 2008), 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.

8. The outline planning permission hereby approved relates to the erection of two-storey dwellings. The application for reserved matters shall only be for two-storey dwellings to a scale as specified in the Design and Access statement accompanying this application.

Reason: In the interests of the appropriate development of the site, to prevent intensification in the development of the site and in the interests of the visual amenities of the area. In accordance with Policy HS4 of the Adopted Chorley Borough Local Plan Review

9. 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.

10. The development hereby permitted shall be carried out in accordance with the Leyden Kirby Associates Ltd Ground Investigation & Risk Assessment reports for Land at Wigan Road, Euxton Ref. CL1057 dated 22^nd March 2007 and 19^th December 2007, together with additional groundwater and gas monitoring results dated 11^th September report recommendations. These are summarised below.  Please note that the site has been zoned into two areas for investigation, comprising the Western zone (current residential) and Eastern zone (current depot area).  

Hotspot removal in Eastern zone; identified contamination to be excavated until all removed.

Recommended gas protection measures incorporated into proposed buildings; in accordance with CIRIA C659, Characteristic Situation 2 for western zone of site and Characteristic Situation 3 for eastern zone of site.

Capping layer in proposed garden areas of Eastern zone; 600mm cover (as per detail in report).

Upon completion of the remediation works a validation report containing any validation sampling results shall be submitted to the Local Planning Authority in order to demonstrate that the works set out in the above reports are complete. The validation report shall also identify any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangement for contingency action.

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 remediation strategy, detailing how this unsuspected contamination shall be dealt with.

Reason: To prevent the pollution of controlled waters from potential contamination on site and 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.

11. The integral/attached garage shall be kept freely available for the parking of cars and shall not be converted to living accommodation, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995.

Reason:  To ensure adequate garaging/off street parking provision is made/maintained and thereby avoid hazards caused by on-street parking and in accordance with Policy No.TR8 of the Adopted Chorley Borough Local Plan Review.

12. The application for approval of reserved matters shall include a scheme of landscaping indicating 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. It shall specifically include details of a new native boundary hedge fronting Wigan Road. Landscaping proposals should comprise only native plant communities appropriate to the natural area.

Reason: In the interests of the amenity of the area and in accordance with Policies No.GN5 and EP9  of the Adopted Chorley Borough Local Plan Review.

13. Prior to the commencement of the development a strategy to attenuate surface water discharges shall be submitted to and approved in writing by the Local Planning Authority. The Strategy should demonstrate that  Greenfield rates will be achieved. The surface water drainage scheme shall thereafter be completed in accordance with the approved strategy.

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

14. 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. This shall include details of a suitable trespass proof fence (of at least 1.8m in height) adjacent to Network Rail’s boundary (and shall make provision for its future maintenance and renewal. Any existing Network Rail fencing/wall must not be removed or damaged).  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 residents and in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.