Agenda item

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

Planning permission granted subject to Legal Agreement and conditions.

Application no:             10/00431/FUL

Proposal:                      Erection of 1 detached and 1 pair semi detached houses

Location:                       Former Victoria Mill Building, 10m South West of 23 Millbrook Close, Wheelton

Decision:

It was proposed by Councillor Dennis Edgerley, seconded by Councillor David Dickinson and subsequently RESOLVED – To grant planning permission subject to Legal Agreement and 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 existing and proposed ground levels and proposed building slab levels (all relative to ground levels adjoining the site) shall have been submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail shown on previously submitted plan(s). 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.   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.

4.   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 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.

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 and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

6.   The garage hereby permitted with Plot 3 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 garaging/off street parking provision is maintained in accordance with Policy HS4 of the Adopted Chorley Borough Local Plan Review.

7.   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 and EM2 of the Adopted Chorley Borough Local Plan Review.

8.   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.

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 dwelling(s) 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.Before the use of the premises hereby permitted is first commenced, the car park and vehicle manoeuvring areas shall be surfaced or paved, drained and marked out all in accordance with the approved plan. The car park and vehicle manoeuvring areas shall not thereafter be used for any purpose other than the parking of and manoeuvring of vehicles.

      Reason: To ensure adequate on site provision of car parking and manoeuvring areas and in accordance with Policy No. TR8 of the Adopted Chorley Borough Local Plan Review.

11. Prior to the commencement of the development the car parking provision shall be surfaced or paved in accordance with a scheme to be approved by the Local Planning Authority. The car parking spaces and manoeuvring areas shall be marked out in accordance with the approved plan prior to the occupation of the dwellinghouses.

      Reason: To ensure the successful development of the site and allow for the effective use of parking areas and to comply with Policy HS4 of the Adopted Chorley Borough Local Plan Review.

12. No development shall take place until :

a)      A methodology for investigation and assessment of ground contamination has been submitted to and approved in writing by the Local Planning Authority. The investigation and assessment shall be carried out in accordance with current best practice including British Standard 10175:2001 “Investigation of potentially contaminated sites – 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 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 and in accordance with Policy No. EP16 of the Adopted Chorley Borough Local Plan Review.

13.If during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing by the Local Planning Authority) shall be carried out 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. The development thereafter shall be carried out in accordance with the approved Method Statement.

      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 accordance with Government advice contained in PPS23: Planning and Pollution Control.

14.All windows in the first floor side elevations of Plot 3 shall be fitted with obscure glass and obscure glazing shall be retained at all times thereafter.

      Reason: To protect the appearance of the locality and in accordance with Policy No. HS4, GN5 and HS9 of the Adopted Chorley Borough Local Plan Review.

15. The approved plans are:

      Plan Ref.             Received On:          Title:

      914.40                  8 June 2010                         Site Location Plan

      10/035/P01          8 June 2010                         Proposed Site Layout

      10/035/P02          8 June 2010                         Proposed House Type Plans &                                                                          Elevations

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