Agenda item

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to a Section 106 Agreement and conditions.

Application no:          09/00033/OUTMAJ

Proposal:                   Demolition of existing building and erection of a 4 storey apartment building providing 28 one and two bed roomed apartments and associated car parking.

Location:                    Northolme Private Nursing Home, 67, Preston Road, Chorley

Decision:

It was proposed by Councillor Mick Muncaster, seconded by Councillor Harold Heaton and was subsequently RESOLVED to grant planning permission subject to a Section 106 Agreement and the following conditions:

1. Any application for approval of reserved matters (namely external appearance of the building and landscaping of the site) must be made to the Council not later than four years from the date of this decision.  The development shall be begun within two years of the date of approval of the last of the reserved matters or within six years of the date of this decision which ever is the later

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. 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 of the Adopted Chorley Borough Local Plan Review.

3. No development shall take place until a desktop study in order to identify any potential sources of land contamination associated with the development has been carried out and approved in writing by the Local Planning Authority. If the potential for contamination is confirmed further surveys by the developer to assess the risks and identify and appraise the options for remediation shall be carried out prior to the commencement of the development. The surveys shall then be submitted to and approved in writing by the Local Planning Authority identifying the proposed remediation works. The works thereafter shall be carried out in accordance with the approved remediation strategy.

Reason: To protect the environment and to prevent harm to human health by ensuring that the land is remediated to an appropriate standard in accordance with Government advice contained in PPS23: Planning and Pollution Control

4. 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.

5. 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.

6. 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.

7. 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.

8. No works shall take place on the site until the applicant, or their agent or successors in title, has secured the making of a photographic record of the building. This must be carried out by a professionally qualified archaeological/building recording consultant or organisation in accordance with a written scheme of investigation which shall first have been submitted to and agreed in writing by the Local Planning Authority. Upon completion the photographic record shall be submitted to the Local Planning Authority.

Reason : To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the building/site and in accordance with Government advice contained in PPG15: Planning and the Historic Environment

9. Prior to the demolition of the building a bat survey of the site and the building shall be undertaken to ascertain the presence of bats. The survey shall be submitted to and approved in writing by the Local Planning Authority and include any proposed mitigation in the event that bats/ bat roosts are identified. The development thereafter shall be carried out in accordance with the approved methods of mitigation.

Reason: To ensure the continued protection and enhancement of bats on the site and in accordance with Policy EP4 of the Adopted Chorley Borough Local Plan Review.

10. Prior to the commencement of the development full details of the proposed bat boxes to be erected shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the proposed location of the boxes, the number proposed and the specification of the boxes. The development thereafter shall be carried out in accordance with the approved details.

Reason: To ensure the continued protection and enhancement of bats on the site and in accordance with Policy EP4 of the Adopted Chorley Borough Local Plan Review.

11. 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 Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

12. Before the development hereby permitted is first commenced, full details of the gates to be erected to the vehicular entrance to the site (notwithstanding any such detail shown on previously submitted plans) shall have been submitted to and approved in writing by the Local Planning Authority.  The details shall include information about the operation of the entrance gates. No building shall be occupied or land used pursuant to this permission before the entrance gates have been erected in accordance with the approved details.  The entrance gates shall thereafter be retained in accordance with the approved details at all times.

Reason:  To ensure a visually satisfactory form of development, to ensure adequate access is provided for refuge vehicles and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

13. Prior to the commencement of the development full details of the Management Company and arrangements for the future management and maintenance of the site, including storage and collection of refuse and management of the parking spaces, shall be submitted to and approved in writing by the Local Planning Authority. The site shall thereafter be managed by the approved Management Company in accordance with the approved arrangements.

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

14. Prior to the commencement of the development full details of the cycle parking provision shall be submitted to and approved in writing by the Local Planning Authority. The cycle parking provision shall thereafter be provided 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.

15. Prior to the commencement of the development full details of the bin storage facilities 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 refuse storage is provided on site and in accordance with Policy HS4 of the Adopted Chorley Borough Local Plan Review.

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. 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.

18. The car park hereby approved shall be constructed in accordance with the ‘macadam no dig construction’ method detailed on plan reference 09/147/P04, received 19^th January 2009, within the tree root zone of the trees to be retained on site. The construction of the car park shall be in accordance with the approved method of construction unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the continued protection of existing trees on the site and in accordance with Policy EP9 of the Adopted Chorley Borough Local Plan Review.