Agenda item

Report of Corporate Director (Business) (enclosed)

Full planning permission granted

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

 

Application no:          09/00714/FULMAJ

Proposal:                   Erection 37 affordable dwellings with external amenity space and off street parking at Fairview Farm, Adlington

Location:                    Land adjacent to Fairview Farm (including land bounded by Chorley Road, Eller Brook and Railway) Chorley Road, Adlington

Decision:

It was proposed by Councillor Keith Iddon, seconded by Councillor Julia Berry, and was subsequently RESOLVED to approve planning permission subject to 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. 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.  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.

 

3. 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.

 

4. 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.

 

5. 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 the Environmental Areas and private parking areas, 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 private driveways and Environmental Areas at the site and in accordance with Policies GN5 and  TR4 of the Adopted Chorley Borough Local Plan Review.

 

6. No development shall take place until a programme of archaeological work has been implemented in accordance with a scheme of investigation which has previously been submitted to and approved in writing by the Local Planning Authority.

Reason:  The site is situated within an area of known archaeological interest and, as such, the site should be appropriately excavated and the remains recorded and in accordance with Policy Nos. HT11 and HT12 of the Adopted Chorley Borough Local Plan Review.

 

7. Prior to the commencement of the development a site investigation and risk assessment for landfill gas shall be undertaken at the site. The results of the investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority in the form of a Site Investigation Report. Thereafter the development shall be carried out in accordance with the recommended precautionary measures set out within the report unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of safety and in accordance with Government advice contained in PPS23: Planning and Pollution Control

 

8. Prior to the commencement of the development a report to identify any potential sources of contamination on the site and where appropriate, necessary remediation measures, shall be submitted to and approved in writing by the Local Planning Authority. The report should include an initial desk study, site walkover and risk assessment. 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 Local Planning Authority and thereafter undertaken including 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 Government advice contained in PPS23: Planning and Pollution Control

 

9. 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.

 

10. The existing soil levels around the base of the trees to be retained shall not be altered.

Reason: To safeguard the trees to be retained and in accordance with Policy Nos. EP9 of the Adopted Chorley Borough Local Plan Review.

 

11. 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.

 

12. Prior to the felling of any trees the bat boxes shall be surveyed to identify the potential for current usage. If bat usage is identified then the tree shall not be felled until full mitigation measures to ensure the continued protection of this bat roost have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be carried out in accordance with the approved details.

Reason: To ensure the continued protection of a protected species. In accordance with Policy EP4 and Government advice contained in PPS9.

 

13. Japanese Knotweed is present within the application area. Under the Wildlife and Countryside Act 1981 (as amended) it is an offence to cause Japanese Knotweed to grow in the wild. Therefore a programme of control/eradication of this species shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The programme shall accord with Environment Agency Guidelines.

Reason: To ensure the eradication of Japanese Knotweed in accordance with the Wildlife and Countryside Act 1981 (as amended).

 

14. Prior to the commencement of the development a habitat creation/enhancement and management plan shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of replacement bird breeding habitat, bat foraging habitat, stream habitat and native tree planting Thereafter the approved management plan shall be implemented in full.

Reason: To ensure that the retained and established habitats that contribute to the Biodiversity Action Plan targets are suitably established and managed. In accordance with Policy EM1 of the North West Regional Spatial Strategy.

 

15. The development hereby permitted shall only be carried out in conformity with the proposed ground and building slab levels shown on the approved plans or as may otherwise be agreed in writing with the Local Planning Authority before any development is first commenced.

Reason:  To protect the appearance of the locality and 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.

 

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. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (Schedule 2, Part 1, Classes A to E), or any Order amending or revoking and re-enacting that Order, no alterations or extensions shall be undertaken to the dwellings hereby permitted, or any garage, shed or other outbuilding erected (other than those expressly authorised by this permission).

Reason: To protect the appearance of the locality and in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

 

18. The in curtilage parking spaces at plots 22-25 shall be kept freely available for the parking of cars, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995.

Reason:  To ensure adequate off street parking provision is maintained and thereby avoid hazards caused by on-street parking and in accordance with Policy RT2 of the North West Regional Spatial Strategy 2008.

 

19. Prior to the commencement of the development, details of the proposed new drainage ditch shall be submitted to and approved in writing by the Local Planning Authority. The details shall show how the new watercourse will be designed so as to replicate a natural feature as far as is possible. The ditch thereafter shall be constructed in accordance with the approved details.

Reason: To ensure that a varied range of habitats are provided on the site to compensate for the loss of habitats as a result of the development. In accordance with Government advice contained in Planning Policy Statement 9: Biodiversity and Geological Conservation

 

20. Prior to the commencement of the development details of the proposed pond, including a maintenance scheme, shall be submitted to and approved in writing by the Local Planning Authority. The pond thereafter shall be constructed in accordance with the approved details.

Reason: To enhance the conservation and biodiversity value of the site and to provide wildlife habitats to compensate for the loss of biodiversity as a result of the development. In accordance with Government advice contained in Planning Policy Statement 9: Biodiversity and Geological Conservation

 

21. No development approved by this permission shall be commenced until a surface water drainage strategy (including attenuatation of surface discharges from the development to existing ‘greenfield rates’) has been submitted to and approved in writing by the Local Planning Authority. The surface water drainage scheme shall be completed in accordance with the approved strategy.

Reason: To secure proper drainage and to prevent flooding and in accordance with Policy Nos. EP18 of the Adopted Chorley Borough Local Plan Review and in accordance with Government advice contained in PPS25 Development and Flood Risk

 

22. Prior to the commencement of the development full details of the predicted energy use of the development expressed in terms of carbon emissions shall be submitted to an approved in writing by the Local Planning Authority. If no data specific to the application is available benchmark data will be acceptable. A schedule should include how energy efficiency is being addressed, for example, amongst other things through the use of passive solar design. It will be flexible enough to show the on-site measures to be installed and implemented so as to reduce carbon emissions in accordance with policy SR1 of the Sustainable Resources DPD. 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 and Supplementary Planning Document

 

23. Prior to the commencement of the development a scheme which demonstrates and provides full details of how the design and layout of the buildings will withstand climate change shall be submitted to and approved in writing by the Local Planning Authority. The details shall include details of the proposed Code for Sustainable Homes Level, how the proposals minimise energy use and maximise energy efficiency. All dwellings commenced after 1^st January 2010 will be required to meet Code Level 3 of the Codes for Sustainable Homes. The approved details shall be fully 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 accordance with Government advice contained in Planning Policy Statement: Planning and Climate Change - Supplement to Planning Policy Statement 1 and in accordance with Policies EM16 and EM17 of the North West Regional Spatial Strategy and Policy SR1 of Chorley Borough Council's Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document.

 

24. Prior to the commencement of the development full details of the bridge structure, required to allow access between plots 27 and 28, shall be submitted to and approved in writing by the Local Planning Authority. The bridge thereafter shall be constructed in accordance with the approved details.

Reason: In the interests of the visual amenities and proper development of the site and in accordance with Policy GN5 of the Adopted Chorley Borough Local Plan Review.

 

25. Prior to or within 1 week of commencement a scheme and programme for the site enabling and construction phase of the development shall be submitted to and approved by the Local Planning Authority.  The scheme and programme shall cover:

1. Site/construction access points for each phase of development and mechanisms of limiting access from Farm Avenue.
2. Site compound and contractor parking and management of contractors parking to ensure parking does not overspill onto surrounding roads.
3. Construction operating hours including deliveries and site construction staff.

The approved scheme and programme shall be implemented.   

Reason: To ensure the access used for construction traffic is appropriate in highway safety terms and to ensure that noise and disturbance resulting from hours of operation and delivery does not adversely impact on the amenity of existing residents.