Agenda item

Report of Director of Partnerships, Planning and Policy (enclosed)

Planning permission granted subject to a Legal Agreement and conditions.

(The Committee received representations from an objector to the proposals and Councillor Kevin Joyce, a Ward representative for Eccleston and Mawdesley)

 

Application no:                      09/00802/OUTMAJ

Proposal:                   Outline application for the erection of 70 dwelling houses with associated roads and open spaces.

Locations:                  Pontins Ltd, Sagar House, Langton Brow, Eccleston, Chorley

Decision:

It was proposed by Councillor Keith Iddon, seconded by Councillor Mike Devaney, to approve the planning application.

 

An amendment to the motion was proposed by Councillor Dennis Edgerley, seconded by Councillor Alistair Bradley, to refuse planning permission on the grounds that fifty percent of affordable housing on the development was not considered acceptable. Upon being put to the vote the motion was lost (6:10).

 

The original motion was then put to the vote and was subsequently RESOLVED (10:6) to grant outline planning permission subject to a Legal Agreement and the following conditions:

 

1. An application for approval of the reserved matters (namely siting, scale, external appearance of the buildings and landscaping of the site) must be made to the Council before the expiration of three years from the date of this permission and the development hereby permitted must be begun two years from the date of approval of the last of the reserved matters to be approved.

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 and HS4 of the Adopted Chorley Borough Local Plan Review

 

3. The application for approval of reserved matters shall be accompanied by 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 residentsand in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

 

4. Each application for approval of Reserved Matters shall be accompanied by full details of the on-site measures to be installed and implemented so as to reduce carbon emissions, by the figure set out in policy SR1 of the Sustainable Resources DPD at the time of commencement of each individual plot, by means of low carbon sources has been submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall also include full details of the predicted energy use of the development expressed in terms of carbon emissions (If no data specific to the application is available benchmark data will be acceptable) and how energy efficiency is being addressed, for example, amongst other things through the use of passive solar design. 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.

 

5. The applications for approval of Reserved Matters shall demonstrate and provide full details of how the design and layout of the buildings will withstand climate change. 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, all dwellings commenced after 1^st January 2013 will be required to meet Code Level 4 and all dwellings commenced after 1^st January 2016 will be required to meet Code Level 6 of the Codes for Sustainable Homes. The development shall not commence until the scheme has been submitted to and approved in writing by the Local Planning Authority. 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.

 

6. 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.

 

7. In accordance with the Lancashire Biodiversity Action Plan Targets the submission of a habitat creation and management plan is required to be submitted and approved in writing by the Local Planning Authority prior to the commencement of the development. The plan shall include methods to establish habitats as well as appropriate aftercare and long term management. The proposed landscaping should comprise only native plant communities appropriate to the area and should enhance habitat connectivity. The existing hedgerows on site shall be retained and where this is not possible then replacement hedgerows will be required as part of the landscaping scheme/habitat creation and management plan. The landscaping thereafter shall accord with the approved plan.

Reason: To ensure that the retained and re-established habitats that contribute to the Biodiversity Action Plan targets are suitably established and managed. In accordance with Policy ER5 of the North West Regional Spatial Strategy.

 

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.

 

9. 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.

 

10. 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 historical importance associated with the building/site and in accordance with Planning Policy Guidance Note 15: Planning and the Historic Environment

 

11. 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.

 

12. 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.

 

13. Notwithstanding the submitted details the application for reserved matters shall be accompanied by full details of the access junction to the site with Langton Brow. The junction thereafter shall be completed in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason:  In the interests of highway safety and in accordance with Policy No.TR4 of the Adopted Chorley Borough Local Plan Review

 

14. Due to the size of development and sensitive end-use, no development shall take place until:

 

a)         a methodology for investigation and assessment of ground contamination has been submitted to and agreed in writing with the Local Planning Authority.  The investigation and assessment shall be carried in accordance with current best practice including British Standard 10175:2001 ‘Investigation of potentially contaminated site - Code of Practice’.  The objectives of the investigation shall be, but not limited to, identifying the type(s), nature and extent of contamination present to the site, risks to receptors and potential for migration within and beyond the site boundary;

 

b)        all testing specified in the approved scheme (submitted under a) and the results of the investigation and risk assessment, together with remediation proposals to render the site capable of development have been submitted to the Local Planning Authority;

 

c)         the Local Planning Authority has given written approval to the remediation proposals (submitted under b), which shall include an implementation timetable and monitoring proposals.  Upon completion of the remediation works a validation report containing any validation sampling results shall be submitted to the Local Authority.

 

Thereafter, the development shall only be carried out in full accordance with the approved remediation proposals.

 

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 Planning Policy Statement 23: Planning and Pollution Control

 

15. Should, during the course of the development, any contaminated material other than that referred to in the investigation and risk assessment report and identified for treatment in the remediation proposals be discovered, then the development should cease until such time as further remediation proposals have been 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 remediated to an appropriate standard for the proposed end use, in accordance with PPS23.

 

16. No development shall take place until details of the proposed surface water drainage arrangements have been submitted to and approved by the Local Planning Authority in writing. The details shall include a strategy to attenuate surface water discharges and measures to reduce land flooding from within the site to outside the boundaries of the site.  No part of the development shall be occupied until the approved surface water drainage arrangements have been fully implemented.

Reason: To secure proper drainage and to prevent flooding and in accordance with PPS25 Development and Flood Risk

 

 

17. Before the development hereby permitted is first commenced full details of the means of foul water drainage/disposal shall have been submitted to and approved in writing by the Local Planning Authority.  No dwelling shall be occupied until the works for foul water drainage/disposal have been completed in accordance with the approved details.

Reason: To ensure proper drainage of the development and in accordance with Policy No. EP17 of the Adopted Chorley Borough Local Plan Review.

 

18. 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.

 

19.The development hereby approved shall be carried out in accordance with the Great Crested Newt Outline Mitigation set out within Section 6 and Appendix 1 of the Great Crested Newt Assessment undertaken by Scott Wilson dated August 2009.

Reason: To ensure the continued protection and enhancement of Great Crested Newts. In accordance with Government advice contained in PPS9 and Policy EP4 of the Adopted Chorley Borough Local Plan Review.

 

20. Prior to the commencement of the development details of a suitable receptor site for any great crested newts (GCN) trapped as a result of exclusion techniques shall be submitted to and approved in writing by the Local Planning Authority. These details should include a Management and Maintenance Plan to run for a minimum of 5 years and Post Development Monitoring for a period of 4 years in accordance with Section 6.1.4 of the GCN Assessment. The development thereafter shall be carried out in accordance with the approved plan.

Reason: To ensure the continued protection and enhancement of Great Crested Newts. In accordance with Government advice contained in PPS9 and Policy EP4 of the Adopted Chorley Borough Local Plan Review.

 

21.Prior to the commencement of the development a scheme for the creation/ enhancement of 0.27 hecatres of intermediate terrestrial habitat for Great Crested Newts within the development site shall be submitted to and approved in writing by the Local Planning Authority. This should include: planting a dense hedgerow along the northern boundary of the site, retention/ enhancement of rough grassland along the north-west boundary and retention/ enhancement of rough grassland in the north-east corner of the site. The development thereafter shall be carried out in accordance with the approved details.

Reason: To ensure the continued protection and enhancement of Great Crested Newts. In accordance with Government advice contained in PPS9 and Policy EP4 of the Adopted Chorley Borough Local Plan Review.

 

22. The outline planning permission hereby approved relates to the erection of upto 70 residential units. The application for reserved matters shall not exceed 70 residential units.

Reason: In the interests of the appropriate development of the site, to prevent intensification in the development of the site and in the interests of the visual amenities of the area. In accordance with Government advice contained in PPS3: Housing and Policy HS4 of the Adopted Chorley Borough Local Plan Review

 

23. The approved plans are:

Plan Ref.                         Received On:                Title:

1048.10                      27th October 2009              Location Plan

S08/148                     27th October 2009              Topographical Land Survey

1101.SK10C             15^th November 2009           Illustrative Layout

 

Reason:  To define the permission and in the interests of the proper development of the site.

 

24. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (Schedule 2, Part 2, Class A) (or any order revoking and re-enacting that Order) no fences, gates or walls shall be erected within the cartilage of any dwelling constructed along the north-east boundary of the site (other than those expressly authorised by permission).

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