Agenda item

Report of Corporate Director (Business) (enclosed)

Approved Reserved Matters Application subject to conditions.

Application no:                      08/01100/REMMAJ

Proposal:                   Reserved matters application for the Sothern Commercial Area, Buckshaw Village. Including retail uses, residential, car parking related infrastructure and landscaping.

Location:                    Land South of Buckshaw Avenue, Buckshaw Village

Decision:

It was proposed by Councillor Alan Cain, seconded by Councillor David Dickinson, and was subsequently RESOLVED to approve the reserved matters application subject to the following conditions:

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

Reason: Required to be imposed by 91 of the Town and Country Planning Act 1990.

2. Within two months of the commencement of the development or within a time period previously agreed in writing by the Local Planning Authority a scheme for the phasing of the development (including infrastructure) shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall show:

• in which phase completion of highways and marking out of highways and parking areas will occur.

The development shall be implemented wholly in accordance with the submitted and approved phasing plans referred to above unless otherwise agreed in writing by the Local Planning Authority.

Reason: The scale of the development and mixed-use format will result in the sequence of construction being linked to the economic opportunities of filling each phase. The Local Planning Authority in granting consent must ensure that the development and its implementation is effective from a highways and public use perspective and creates a sense of place throughout the development.

3. Prior to the commencement of each phase of the development the following details shall be submitted to and approved by The Local Planning Authority in writing:

Details of the colour, form and texture of all external facing materials to the proposed buildings

Details of the colour, form and texture of all hard ground- surfacing materials.

Location, design and materials of all fences, walls and other boundary treatments.

Landscaping.

Reason: To secure a coherent, publicly accessible and attractive place as the development is constructed.

4. Prior to the occupation of units 2-13 hereby permitted details of the specific proposed shop front for each individual unit shall be submitted to and approved in writing by the Local Planning Authority. The proposed shop front shall be chosen from the approved options detailed on plans reference 8430-P112 and 8430-P113, received 23rd October 2008, or an alternative which has been previously agreed in writing by the Local Planning Authority. The shop front thereafter shall be constructed and retained in accordance with the approved details

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

5. The selection of shop fronts hereby approved shall be utilised for each of the individual units (units 2 - 13), unless otherwise agreed in writing by the Local Planning Authority.

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

6. Prior to the commencement of each phase of the development, pursuant to Condition 2 above, full details of the bin storage facilities associated with the apartment blocks and commercial units shall be submitted to and approved in writing by the Local Planning Authority. The bin storage thereafter shall be constructed and retained in accordance with the approved plans.

Reason: To ensure that adequate refuge storage is provided on site and in accordance with Policy HS4 and GN5 of the Adopted Chorley Borough Local Plan Review.

7. Before each phase of the development hereby permitted, pursuant to Condition 2 above, is first occupied, provision for cycle parking provision, in accordance with details to be first agreed in writing with the Local Planning Authority, shall have been made.

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

8. Before each phase of the development hereby permitted, pursuant to Condition 2 above, is first occupied, the car park and vehicle manoeuvring areas shall be surfaced or paved, drained and marked out all in accordance with the approved plan.  The car park and vehicle manoeuvring areas shall not thereafter be used for any purpose other than the parking of and manoeuvring of vehicles.

Reason:  To ensure adequate on site provision of car parking and manoeuvring areas and in accordance with Policy No. RT2 of the North West Regional Spatial Strategy 2008

9. Prior to the commencement of each phase of  the development, pursuant to Condition 2 above,  full details of the proposed railings shall be submitted to and approved in writing by the Local Planning Authority. The railings shall replicate the Buckshaw railings which have been erected throughout Buckshaw Village. The development thereafter shall be carried out in accordance with the approved plans.

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.

10. Prior to the occupation of each phase of the commercial and residential development hereby approved a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority relating to each phase.  The travel plan shall take account of measures set out within the submitted Outline Travel Plan, produced by BWB Consulting dated April 2008. The Travel Plan for each phase thereafter shall be implemented in accordance with the approved details.

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.

11. No deliveries shall be made by heavy goods vehicles for units 2 – 13 between the hours of 2100 and 0700 on Mondays to Saturdays inclusive, and 1900 to 0900 on Sundays and Bank Holidays

Reason:  To safeguard the amenities of local residents and in accordance with Policy Nos. HS4 of the Adopted Chorley Borough Local Plan Review.

12. Notwithstanding the Town and Country Planning (Use Classes) Order 1995 and subsequent amendments the A1 use element in units A1-13 shall not exceed 4000 square metres gross (GIA).

Reason: To ensure compliance with the outline planning permission; to control the extent of retail development on the site given the proportionality aspects of policies and the terms of the outline planning permission 02/00748/OUTMAJ

13. With the exception of the supermarket (Unit 1), none of the units (2-13) hereby permitted shall be used for Class A3-5 uses (where different to the approved plans) without the prior written consent of the Local Planning Authority.

Reason: In the interests of the amenities of the nearby residential properties.

14. 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 each phase 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.

15. 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

16. 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.

17. The principal use of food store (Unit 1), shall be for the sale of convenience goods and no more than 25% of the net floor space of the building shall be used for the display and sale of comparison goods. Notwithstanding this no part of the food store shall be used as a Post Office (Convenience goods are defined as food, non-alcoholic drinks, tobacco. Alcohol, newspapers and periodicals; and 90% of non-durable household goods. Comparison goods are defined as all other retail goods. Both definitions are in accordance with the Experian’s Retail Planner Briefing Note 6.0, Paragraph 1.5 October 2008)

Reason: In the interests of vitality and viability of the neighbouring shopping centres. In accordance with Government advice contained in PPS6: Planning for Town Centres