Agenda item

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

Outline planning permission granted subject to a Legal Agreement and conditions.

Application no:                      10/00273/OUT

Proposal:                               Outline application for the erection of 7 dwellings and associated works

Location:                                Pall Mall Garages and Sheds 81A Pall Mall, Chorley, PR7 1JU

Decision:

It was proposed by Councillor Dennis Edgerley, seconded by Councillor David Dickinson and subsequently RESOLVED to grant outline planning permission subject to the following conditions and the prior completion of a revised or supplemental section 106 agreement in relation to public open space:

1.      No development approved by this permission shall be commenced until details of the means of foul sewage and a surface water drainage strategy (including attenuation surface discharges from the development to existing rates or less) has been submitted to an approved by the Local Planning Authority. The schemes shall be constructed and completed in accordance with the approved details

         Reason: to reduce the risk of flooding and ensure a satisfactory means of drainage and in accordance with Policy Nos. EP18 and EP19 of the Adopted Chorley Borough Local Plan Review.

2.      There is a potential for ground contamination at this site. 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 any remediation proposals (submitted under b), which shall include an implementation timetable and monitoring proposals.  Upon completion of 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. 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.

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.      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.

5.      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, to ensure that the proposal does not give rise to an undue increase in surface water run off and in accordance with Policy Nos. GN5, EP18 and HS4 of the Adopted Chorley Borough Local Plan Review.

6.      The development hereby permitted shall not commence until samples of all external facing materials to the proposed building(s) (notwithstanding any details shown on previously submitted plan(s) 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.

7.      An application for approval of the reserved matters (namely the appearance, 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.

8.      1.  Each and every application for approval of Reserved Matters shall demonstrate and provide full details of how the design and layout of the buildings will withstand climate change, for example, amongst other things through the use of passive solar design. No phase or sub-phase shall 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. 

         2.  No phase or sub-phase of the development 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. All dwellings commenced after 1 January 2010 will be required to meet Code Level 3, all dwellings commenced after 1 January 2013 will be required to meet Code Level 4 and all dwellings commenced after 1 January 2016 will be required to meet Code Level 6. In accordance with Policy SR1 of the Sustainable Resources DPD, renewable or low carbon energy sources must be installed to reduce the predicted carbon emissions of the development by at least 15% (increasing to 20% from 2015). To demonstrate that this has been achieved, the Design Stage certification must show that the proposed development will achieve 2 credits within Issue Ene 7: Low or Zero Carbon Technologies. The approved details shall be fully implemented and retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

.        3.  No dwelling 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 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.

9.      No development shall take place until a scheme detailing the treatment of the south facing elevations of no. 73 Pall Mall and No. 18 File Street have been submitted to and approved in writing by the Local Planning Authority.

         Reason: In the interests of the visual amenity of the area and in accordance with policy no. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

10.    The approved plans are:

Plan Ref.                               Received On:                                Title:

C2904                                   7 April 2010                                   Block Plan

C2904                                   7 April 2010                                   Location Plan

7593 PO1B                          20 May 2010                                 Site Plan 

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

11.    In accordance with the recommendations set out in section 8 (Advice and Recommendations) of the Bat survey Results dated September 2009, removal of the roof structure on the larger building shall be done carefully by hand.

Reasons: In the interests of species protection and in accordance with Policy EP4 of the adopted Chorley Borough Local Plan Review and PPG9

12.    Notwithstanding the details on the approved plans none of the dwellings hereby permitted shall have more than three bedrooms. In order to ensure that a satisfactory layout and adequate amount of off street parking can be provided and in accordance with Policy No. HS4 and TR4 of the Adopted Chorley Borough Local Plan Review.

13.    Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences and walls to be erected to the site boundaries (notwithstanding any such detail shown on previously submitted plan(s)) shall have been submitted to and approved in writing by the Local Planning Authority.  No building shall be occupied or land used pursuant to this permission before all walls and fences have been erected in accordance with the approved details.  Fences and walls shall thereafter be retained in accordance with the approved details at all times.

Reason: To ensure a visually satisfactory form of development, to protect the amenities of occupiers of nearby property and in accordance with Policy Nos.GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.