Agenda item

(1)      Approve reserved matters planning permission, subject to completion of Section 106 Legal Agreement and recommended conditions (including additional conditions in respect of landscaping (including landscaping of Barleyfield boundary),fencing and route of HGV works traffic).

(2)      That the Lancashire County Council be requested to reconsider the proposed highway amendments to Radburn Brow/Sandy Lane to be secured through a separate Section 278 Agreement with the Highways Authority, with a view to other possible alternative schemes that would deliver the required improvements to pedestrian facilities being examined.                                                             

(The Committee heard representations from an objector to the planning application; a local resident with concerns at the proposed highway amendments; and the applicants’ agent).

 

Application No:                      10/00115/REMMAJ

Proposal:                               Reserved Matters Application for the erection of 62 two-storey dwelling houses with associated open space, landscaping and infrastructure

Location:                                Land formerly Radburn Works, Sandy Lane, Clayton-le-Woods

 

Decision:

 

It was proposed by Councillor Roy Lees, seconded by Councillor David Dickinson, and subsequently RESOLVED:

 

(1)       That reserved matters planning approval be granted, subject to the following conditions and the prior completion of a supplemental Section 106 Agreement:

 

1. The proposed development must be begun not later than two years from the date of this permission or not later than five years from the date of the outline planning permission (reference 08/01079/OUTMAJ)

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 approved plans are:

Plan Ref                       Received On                     Title:

BHWL78/01 Rev S     1st April 2010                    Planning Layout

01-11 Rev B                1st April 2010                    Refuse Vehicle Tracking

2H22                             8th February 2010           2 Bed Mews

3LA2 Rev A                 8th February 2010           3 Bed Detached

3PI2 Rev A                   8th February 2010           3 Bed Detached/ End Mews

3RA2 Rev A                 8th February 2010           3 Bed Detached/ End Mews

4B02 Rev A                 8th February 2010           4 Bed Detached

4CA2 Rev A                 8th February 2010           4 Bed Detached (Plot 62 only)

4CA2 Rev A                 8th February 2010           4 Bed Detached (Plots 25, 26, 52, 53 and 56)

4CA2 Rev A                 8th February 2010           4 Bed Detached Floor Plans

4FB2 Rev A                 8th February 2010           4 Bed Detached

4HA2 Rev A                 8th February 2010           4 Bed Detached (Plot 3 only)

4HA2 Rev A                 8th April 2010                   4 Bed Detached (Plots 1 and 2 only)

4OR2 Rev A                8th February 2010           4 Bed Detached

4PR2 Rev B                19th March 2010              4 Bed Detached

5GA2 Rev C                19th March 2010              5 Bed Detached

5GA2 Rev C                19th March 2010              5 Bed Detached Floor Plans

5TA2 Rev A                 8th February 2010           5 Bed Detached

5TA2                             8th February 2010           5 Bed Detached Floor Plans

                                       8th February 2010           Double Garage and Games Room (Plots 53/54, 55 and 58 only)

                                       8^th February 2010            Garage and Fence Details

LDS-137-01A              19^th March 2010                Landscape Master Plan

P.083.09.02 Rev A     8th February 2010           Arboricultural Implications

P.083.09.01                  8th February 2010           Tree Survey

LDS-137-02                 8th February 2010           Equipped Play Area

BHWL78/04                 8th February 2010           Site Location Plan

BHWL78/02 Rev A     8th February 2010           Street Scenes

BHWL78/03 Rev A     8th February 2010           Street Scenes

01-10                             25th March 2010              Proposed Section Plots 40, 59, 56 & 54

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

 

3. 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.

 

4. 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.

 

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. 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 area(s) 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.

 

7. 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.

 

8. 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.

 

9. No dwelling hereby permitted shall be occupied until the highway alterations to the site access with Sandy Lane have been completed in accordance with the approved plans.

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

 

10. No dwelling hereby permitted shall be occupied until that part of the service road which provides access to it from the public highway has been constructed in accordance with plans which have been submitted to and approved 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

 

11. The surface water drainage scheme for the development hereby approved shall be carried out in accordance with the submitted supplemental flood risk assessment prepared by Lees Roxburgh Ltd (Report number 103524 dated March 2010)

Reason: To reduce the risk of flooding at the site and in accordance with Government advice contained in PPS25: Development and Flood Risk.

 

12. 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.

 

13. The pedestrian and cycle improvements to Sandy Lane and Radburn Bridge, specified on the approved plans, shall be constructed and completed prior to the occupation of the dwellinghouses hereby permitted.

Reason: In the interest of highway safety and in accordance with Policy TR4 of the Adopted Chorley Borough Local Plan Review.

 

14. Prior to the commencement of the development hereby permitted the further investigation works and any proposed remediation shall be carried out in accordance with the recommendations set out in the submitted Geo-Environmental Assessment Report prepared by Brownfield Solutions Ltd (reference AJH/C1307/865) and in accordance with a suitable remediation strategy. The further works shall include a complete gas monitoring programme to adequately characterise risks to the proposed end users from ground gases; installation of suitable gas protection measures (where required); investigation of the extent of hydrocarbons and of peat to identify removal or treatment as required; where the remedial strategy dictates import clean cover into garden and landscaping areas (600mm and 450mm respectively) and validation of cover system. The further works and suggested remedial measures recommended in Section 9 and 10 of the submitted report.

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 Government advice contained in PPS23: Planning and Pollution Control

 

15. Upon completion of the remediation works a validation report containing any validation sampling results 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 remediated to an appropriate standard for the proposed end use and in accordance with Government advice contained in PPS23: Planning and Pollution Control

 

16. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out on the area of land affected until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

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 Government advice contained in PPS23: Planning and Pollution Control

 

17. 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.

 

18. Prior to the commencement of the development hereby permitted the vehicular access link through the car park of the Lord Nelson Public House shall cease to be used. Full details of the measures to be implemented to prevent vehicular access shall be submitted to and approved in writing by the Local Planning Authority. The details shall include details of the proposed pedestrian/ cycle link. The development thereafter shall be carried out in accordance with the approved scheme.

Reason: To ensure the acceptable development of the site and in accordance with Policy GN5 of the Adopted Chorley Borough Local Plan Review.

 

19. 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 and 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 by the figure set out in policy SR1 of the Sustainable Resources DPD at the time of the commencement of each individual plot by means of low carbon sources.  Details shall be submitted for on-site measures to be implemented including rainwater/brown water recycling, the implementation of sustainable urban drainage systems and the provision of storage space for recyclable waste materials and composting.  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 Sustainable Resources Supplementary Planning Document.

 

20. The development hereby permitted shall be carried out in accordance with the submitted Sustainability Statement.  All dwellings commenced after 2010 will be required to meet Level 3, all dwellings commenced after 2013 will be required to meet Level 4 and all dwellings commenced after 2016 will be required to meet Level 6 of the Codes for Sustainable Homes.  No dwelling to be constructed after 1 January 2011 shall commence until a Design Stage assessment and related certification has been submitted to and approved in writing by the Local Planning Authority demonstrating that the proposed development will be constructed to achieve the relevant Code for Sustainable Homes level.

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 Sustainable Resources Supplementary Planning Document.

 

21. No dwelling, commenced after 1 January 2011, shall be occupied until a Code for Sustainable Homes “Post Construction Stage” assessment has been carried out and a final Code Certificate has been issued certifying that the required Code Level and 2 credits under Issue Ene7 has been achieved and the certificate has been submitted to and approved 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 Sustainable Resources Supplementary Planning Document.

 

22. 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.  Additionally the details shall include full details of the proposed landscaping along the northern boundary of the site with Barleyfield.

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.

 

23. 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.

 

24. Prior to the commencement of the development a scheme for the construction phase of the development shall be submitted to and approved in writing by the Local Planning Authority.  The scheme shall cover:

1.  The proposed route of the HGV/Delivery vehicles entering and exiting the site minimising the use of Radburn Bridge.  The approved scheme shall be implemented in accordance with the approved details.

Reason:  To ensure the access used for construction traffic is appropriate in highway safety terms and to ensure that disturbance resulting from deliveries does not adversely impact on the amenity of existing resident or highway safety.

 

RESOLVED – (2) That the Lancashire County Council be requested to reconsider the proposed highway amendments to Radburn Brow/Sandy Lane to be secured through a separate Section 278 Agreement with the Highways Authority, with a view to other possible alternative schemes that would deliver the required improvements to pedestrian facilities being examined.