Agenda item

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

Planning permission granted subject to Legal Agreement and conditions.

(The Chair, Councillor Harold Heaton declared a prejudicial interest and left the meeting during the consideration and voting on this item.  Vice Chair, Councillor Geoffrey Russell took the Chair.)

(The Committee received representations from an objector to the proposals and the applicant in support of the proposals.)

Application no:                      10/00359/FULMAJ

Proposal:                               Erection of 28 residential dwellings with access roads, car-parking and landscaping including alterations to the public house car park.

Location:                                Dog and Partridge, 30 Chorley Lane, Charnock Richard, Chorley, PR7 5ES

Decision:

It was proposed by Councillor Roy Lees, seconded by Councillor Mick Muncaster and subsequently RESOLVED unanimously to grant planning permission subject to Legal Agreement and the following conditions:

1.      The proposed development must be begun not later than one year from the date of this permission.

         Reason: Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.      The development shall only be carried out in accordance with the approved plans, except as may otherwise be specifically required by any other condition of this permission or unless otherwise first agreed to in writing by the Local Planning Authority.

         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 No.s GN5 and HS4 of the Chorley Borough Local Plan.

6.      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.

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 be carried out in conformity with the approved plans.

         Reason: To ensure the materials used are visually appropriate to the locality and in accordance with Policy No.s 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 HS9 of the Adopted Chorley Borough Local Plan Review.

9.      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.

10.    The garages hereby permitted 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:  In order to safeguard the residential amenity and character of the area and in accordance with Policy HS4 of the Adopted Chorley Borough Local Plan Review.

11.    The noise mitigation measures should be carried out as outlined in the following report ‘Noise Assessment Charnock Richard Report No. AAL/BS09075c’ by Acoustic Associates dated 22 April 2010.

         Reason: To protect the amenity of future occupiers and to comply with PPG24.

12.    Prior to the occupation of development details of the noise barrier to be erected along the site boundary and railway line shall be provided and agreed in writing by the Local Planning Authority, and maintained at all times throughout the lifetime of the development.

         Reason: To protect the amenity of the future occupiers and to comply with PPS24.

13.    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 out in accordance with current best practice including British Standard 100175:2001 ‘Investigation of potentially contaminated site-Code of Practice’. The objectives of the investigation shall be, but not limited to, identifying 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.

(d)   Thereafter the remediation 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 Policy No. EP16 of the Adopted Chorley Local Plan Review.

14.        The construction hours shall be 08.00 hours to 18.00 hours Monday to Friday, 08.00 hours to 13.00 hours on Saturday and at no time on Sundays or Bank Holidays/Public Holidays, unless otherwise agreed in writing by the Local Planning Authority.

         Reason: In the interests of residential amenity and to comply with Chorley Council’s Code of Practice for Construction and Demolition and Saved Policies EM2 and EP7 of the Local Plan Review.

15.        No phase or sub-phase of the development shall commence until a Design Stage Assessment has been submitted to and approved in writing by the Local Planning Authority demonstrating that the proposed private dwellings will be constructed to achieve the relevant Code for Sustainable Homes level. All private dwellings commenced after 1 January 2010 will be required to meet Code Level 3, all private dwellings commenced after 1 January 2013 will be required to meet Code Level 4, and all private dwellings commenced after 1 January 2016 will be required to meet Code Level 6. In accordance with Policy SR1 of the Sustainable Renewables DPD, renewable or lo 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 can be 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.

Reason: To ensure the proper planning of the area and in accordance with PPS, Planning and Climate Change Supplement to PPS1, and Policy SR1 of the Chorley Boroughs Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document.

16.        A Code for Sustainable Homes ‘Post Construction Stage’ assessment is to be carried out for all dwellings and a final Code Certificate is to be obtained certifying that the required Code Level has been achieved. The final Code Certificates will be submitted and approved in writing by the Local Planning Authority.

Reason: To ensure the proper planning of the area and in accordance with PPS: Planning and Climate Change Supplement to PPS1, and Policy SR1 of the Chorley Boroughs Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document.

17.        Prior to the commencement of the development full details of the surface and foul sewerage for the site and connection to the public sewer shall be submitted to and approved in writing by the Local Planning Authority.  The full details shall include drainage levels, capacity of the onsite and offsite drainage for both foul and surface water and methods for reducing peak flows especially for surface water.

Reason:  The site can only be drained to Nursery Close and evidence submitted in respect of the application has questioned the capacity of the onsite and offsite drainage to cope with additional development in accordance with the requirements of PPS25.