Agenda item

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to conditions and a Legal Agreement.

Application no:                      09/00108/FUL

Proposal:                   Erection of 5 additional units at 26A Lancaster Lane and proposed amendments to previously approved layout (08/00787/FUL) 24, Lancaster Lane, including plot substitution of house type – plot 4 and amended position of plot 8

Location:                    26A, Lancaster Lane, Clayton-Le-Woods, Leyland

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor David Dickinson to approve the planning application.

A further motion was proposed to refuse planning permission on the grounds of overdevelopment of the area, upon being put to the vote the motion was lost (3:13) and so was subsequently RESOLVED to grant planning permission subject to a legal agreement and the following conditions:

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

Reason: Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. 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.

3. 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.

4. Prior to the commencement of demolition of the existing dwelling on the site an emergence survey shall be carried out as set out in recommendations paragraph 5 of the bat survey by the Environmental Research and Advisory Group accompanying the application.

Reason: To safeguard protected species and in accordance with Policy EP4 of the Adopted Chorley Borough Local Plan Review.

5. The development hereby permitted shall not commence until the applicant has submitted to and had approved in writing by the Local Planning Authority a report to identify any potential sources of contamination on the site and where appropriate, necessary remediation measures.  The report should include an initial desk study, site walkover and risk assessment and if the initial study identifies the potential for contamination to exist on site, the scope of a further study must then be agreed in writing with the Local Planning Authority and thereafter undertaken and shall include details of the necessary remediation measures.  The development shall thereafter only be carried out following the remediation of the site in full accordance with the measures stipulated in the approved report.

Reason: In the interests of safety and in accordance with the guidance set out in PPS23 – Planning and Pollution Control 2004.

6. This consent relates to the amended plan received on16th June 2009 and the amended Sustainable Resources Document received on the 10^th June 2009.       

Reason:  To define the consent and to ensure all works are carried out in a satisfactory manner.

7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any Order revoking or re-enacting the Order, there shall not at any time in connection with the development hereby permitted, be erected or planted, or allowed to remain, upon the land hereinafter defined, any building, wall, fence, hedge, tree, shrub or other device which will obstruct the view above a plane 1 metre above the crown level of the adjoining highway.  The piece of land affected by this condition shall be that part of the site in front of a line drawn from a point 2.4metres measured along the centre line of the access road from the carriageway of Lancaster Lane to points measured 43m in each direction along the nearer edge of the carriageway of Lancaster Lane  from the intersection of the centre line of the access road.

Reason:  To ensure adequate visibility, in the interests of highway safety and in accordance with Policy No.TR4 of the Adopted Chorley Borough Local Plan Review.

8. 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.