Agenda item

Report of Corporate Director (Business) (enclosed)

Planning permission granted

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

 

Application no:                      08/00910/OUTMAJ

Proposal:                   Outline planning application for the redevelopment of land at Group 1 (Site Area 54.34 Hectares), Royal Ordnance Site, Chorley for mixed use development comprising housing and commercial uses (including A1, A2, A3, B1, B2, C1, C2 and C3 of the Town and Country Planning (Use Classes) (Amendment) (England) Order 2006) and associated landscape treatment and highway works.

Location:                    Group 1 Euxton Lane, Euxton, Lancashire

Decision:

It was proposed by Councillor Mike Devaney, seconded by Councillor David Dickinson, and 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 91 of the Town and Country Planning Act 1990 (as amended).

 

2. This planning permission gives consent solely for the remediation and reclamation of the site as detailed in the planning application and does not give permission for the final use of the application site. The remediation and reclamation hereby approved shall be carried out in accordance with the submitted approved details, the approved phasing, approved pursuant to Condition 3 below, and in accordance with the submitted remediation strategy (Report Ref: B0031-02-R9-B), unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of the proper development of the site. To protect the environment and prevent harm to human health by ensuring that the land is re-mediated to an appropriate standard for the proposed end use and in accordance with Government advice contained in PPS23: Planning and Pollution Control

 

3. No development shall be commenced until details of the proposed phasing of the remediation and reclamation works hereby approved has been submitted to and approved in writing by the Local Planning Authority. In particular the plan shall detail the phasing of the tree removal along the southern railway boundary, details of the phasing of the replacement tree planting along the southern boundary and the type and size of trees to be planted along the southern boundary. The development thereafter shall be carried out in accordance with the approved phasing plan unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the environment and prevent harm to human health by ensuring that the land is re-mediated to an appropriate standard for the proposed end use and in accordance with Government advice contained in PPS23: Planning and Pollution Control

 

4. If, during development, contamination not previously identified is found to be present at the site then development shall immediately cease and 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 which forms part of Report Ref: B0031-02-R9-B detailing how this unsuspected contamination shall be dealt with. The development thereafter shall be carried out in accordance with the approved method statement, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the environment and prevent harm to human health by ensuring that the land is re-mediated to an appropriate standard for the proposed end use and in accordance with Government advice contained in PPS23: Planning and Pollution Control

 

5. No material arising from the remediation works shall be exported from the site other than to the adjacent landfill site unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of highway safety to prevent the transportation of waste materials which would result in additional traffic on local highways and detrimentally impact on the amenities of the neighbours.

 

6. Prior to the commencement of each Phase of the development (as shown on the details to be approved pursuant to Condition 3), full details of facilities to be provided for the cleaning of the wheels of vehicles leaving the site shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the design, specification and locations. The wheel wash facilities shall be provided, in accordance with the approved details, before the commencement of the development of the relevant Phase and thereafter retained at all times during operation of the site, unless otherwise agreed in writing by the Local Planning Authority.

Reason:  To prevent the tracking of mud and/or the deposit of loose material upon the highway, in the interests of public safety and in accordance with Policy No.TR4 of the Adopted Chorley Borough Local Plan Review.

 

7. Prior to the commencement of each phase of the development, details of the routing of heavy goods vehicles within the site and access to the local highway network, shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be carried out in accordance with the approved routing plans unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of the neighbours amenities and highway safety. In accordance with Policy TR4 of the Adopted Chorley Borough Local Plan Review.

 

8. No works including site clearance, site preparation or development work shall take place within 250 metres if identified great crested newt ponds until a detailed great crested newt mitigation method statement, based on the outline mitigation proposals set out within the Ecological Statement dated February 2009 submitted with the application, has been submitted and approved in writing by the Local Planning Authority. The approved method statement shall thereafter be fully implemented and completed as part of the development in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the continued protection of protected species on the site. In accordance with Government guidance contained in PPS9: Biodiversity and Geological Conservation and Policy EP4 of the Adopted Chorley Borough Local Plan Review

 

9. Prior to the felling of trees, identified within the submitted Ecological Statement dated February 2009, which have the potential to support roosting bats further bat surveys shall be undertaken to establish the presence of bats/ bat roosts. Prior to felling the trees the survey shall be submitted to and approved in writing by the Local Planning Authority. If any bats are present then the survey report shall include a mitigation method statement to demonstrate how detrimental impacts on the bat population will be avoided. The development thereafter shall be carried out in accordance with the approved mitigation measures unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the continued protection of protected species on the site. In accordance with Government guidance contained in PPS9: Biodiversity and Geological Conservation and Policy EP4 of the Adopted Chorley Borough Local Plan Review

 

10. Prior to the commencement of the development (including site clearance, site preparation and development work) proposals for the protection of species of principal importance, including the common toad, shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the continued protection of important species on the site. In accordance with Government guidance contained in PPS9: Biodiversity and Geological Conservation.

 

11. Prior to the commencement of the development (including site preparation and development work) a detailed mitigation/compensation scheme for ecological impacts shall be submitted to and approved in writing by the Local Planning Authority. The mitigation/compensation scheme shall include habitat re-establishment proposals to off-set all habitat losses, measures to protect and enhance the Biological Heritage Sites and other semi-natural habitats; the re-establishment of semi-natural habitats between the Biological Heritage Sites and the proposed development platform, mapped and quantified areas of habitat re-establishment, after care, long-term management and monitoring. The development thereafter shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of the ecological value of the site and in accordance with Government advice contained in PPS9: Biodiversity and Geological Conservation and Policies EP2, EP3 and EP4 of the Adopted Chorley Borough Local Plan Review. To ensure enhanced quantity and quality of biodiversity and habitat as required by Policies EM1 and DP7 of The North West of England Regional Spatial Strategy. To mitigate/compensate for short term and long-term impacts on Biological Heritage Sites and other habitats of ecological importance.

 

12. Within 12 months of the commencement of the development (including site clearance, site preparation and development work) a habitat management plan for the Biological Heritage Site, woodland areas, grasslands, semi-natural habitats and re-established habitats within the site shall be submitted to and approved in writing by the Local Planning Authority. As well as nature conservation management methods, the management plan shall address measures to control and off-set potential long-term impacts on habitats, including impacts that may result in recreational pressure. The management plan shall also include a monitoring scheme and periodic review of management prescriptions. The Management Plan shall cover a period of 25 years following the completion of the remediation and reclamation within the site shall be submitted to and approved in writing by the Local Planning Authority. The Management Plan shall cover a period of 25 years following the completion of the remediation and reclamation works. The Management Plan thereafter shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the satisfactory management, maintenance and retention of habitats. In accordance with Government advice contained in PPS9: Biodiversity and Geological Conservation and Policies EM1 and DP7 of the Regional Spatial Strategy and Policies EP2 and EP9 of the Adopted Chorley Borough Local Plan Review. 

 

13. Prior to the commencement of the development the scope of a tree survey of the entire site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, and prior to the commencement of the development, the agreed tree survey shall be undertaken. The survey shall be carried out in accordance with British Standard BS5837:2005  and shall detail the type, size, maturity, health and required root protection areas of all the trees on site. This survey shall be submitted to the Local Planning Authority and the site shall be made available for the Local Planning Authority to assess the trees to ascertain which trees are both worthy and capable of retention. No development shall be commenced until the Local Planning Authority has provided written confirmation of which trees will be retained as part of the development and which can be removed. The development thereafter shall be carried out in accordance with the approved details and no tree which the Local Planning Authority has confirmed in writing should be retained as part of the development pursuant to this Condition shall be removed unless the Local Planning Authority agrees otherwise in writing.

Reason: In the interests of the visual amenities of the site and in accordance with policy EP9 of the Adopted Chorley Borough Local Plan Review.

 

14. During the construction period, all trees to be retained which are directly adjacent to the remediation works, pursuant to Condition 13 above, 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.

 

15. Before any tree felling is carried out full details (including species, number, stature and location) of the replacement tree planting shall have been submitted to and approved in writing by the Local Planning Authority.  The replacement tree planting shall be carried out in accordance with the approved details within nine months of the tree felling unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the visual amenity of the area and in accordance with Policy Nos.EP9 of the Adopted Chorley Borough Local Plan Review.

 

16. Prior to the commencement of the development hereby approved and notwithstanding the previously submitted details,  schemes of landscaping shall be submitted to and approved in writing by the Local Planning Authority for the following areas of the site ( as shown on plan reference 976/P/09 dated 9^th February 2009):

 

Landscape Area 1

Landscape Area 3

Landscape Area 4

 

The schemes shall indicate all existing trees and hedgerows on the land; detail any to be retained (in accordance with Condition 13 above) , 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. The development thereafter shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of the amenity of the area and to provide adequate mitigation for the impacts on the Biological Heritage Sites and geological assets resulting from the remediation activities. In accordance with Government advice contained in PPS9: Biodiversity and Geological Conservation and Policy Nos.GN5, EP2 and EP9 of the Adopted Chorley Borough Local Plan Review.

 

17. Prior to the commencement of the development hereby approved, notwithstanding the submitted details, a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority for the following area of the site (demonstrated on plan reference 976/P/09 dated 9^th February 2009):

 

Landscape Area 2

 

The schemes shall indicate all existing trees and hedgerows on the land; detail any to be retained (in accordance with Condition 13 above), 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. The replacement trees shall be semi-mature heavy standard trees. The development thereafter shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of the amenity of the area and to provide adequate mitigation for the impacts on the Biological Heritage Sites and geological assets resulting from the remediation activities. In accordance with Government advice contained in PPS9: Biodiversity and Geological Conservation and Policy Nos.GN5, EP2 and EP9 of the Adopted Chorley Borough Local Plan Review.

 

18. All planting, seeding or turfing comprised in the approved details of landscaping (conditions 16 and 17) shall be carried out in the first planting and seeding seasons following the completion of the remediation 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 and 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.

 

19. The remediation and reclamation works hereby permitted shall not take place except between the hours of:

 

0800 hrs to 1800 hrs Monday to Friday

0800 hrs to 1300 hrs on Saturdays. 

 

No remediation and reclamation activities shall take place on Sundays or Bank Holidays. These hours shall be adhered to during the development of the whole site unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the amenities of local residents, to protect nearby noise sensitive buildings and in accordance with Policy Nos. EP20 of the Adopted Chorley Borough Local Plan Review.

 

20. All vehicles, plant, equipment and other machinery used in connection with the remediation and reclamation of the site shall be equipped with effective silencing or soundproofing equipment to the standard of design set out in the manufacturers original specification and to a standard which has previously been agreed in writing by the Local Planning Authority. The vehicles, plant, equipment and other machinery shall be maintained in accordance with the approved details at all times unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the amenities of local residents, to protect nearby noise sensitive buildings and in accordance with Policy Nos. EP20 of the Adopted Chorley Borough Local Plan Review.

 

21. Prior to the importation or use of any recycled subsoil and/or topsoil material on the proposed development site, a report detailing the sampling regime and laboratory analysis results of the material shall be 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 re-mediated to an appropriate standard for the proposed end use and in accordance with Government advice contained in PPS23: Planning and Pollution Control

 

22. Prior to the commencement of the development full details to measures to reduce dust and particulate matter resulting from the remediation activities shall be submitted to and approved in writing by the Local Planning Authority. The details submitted shall be in accordance with the Environmental statement (Pages 101 and 102), submitted as part of planning application 08/00910/OUTMAJ, which detail the mitigation measures to be employed at the site during demolition and remediation activities. The development thereafter shall be carried out in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To reduce the amount of dust and particulate matter created as a part of the remediation of the site, in order to minimise the air quality impacts and to provide adequate mitigation measures to reduce dust production. In accordance with Policy EP21 of the Adopted Chorley Borough Local Plan Review.