Agenda item

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

Outline planning permission granted subject to Legal Agreement and conditions.

(The Committee received representations from an objector to the proposals)

(The Committee received representations from the applicant’s agent in support of the proposals)

Application No:            10/00518/OUT

Proposal:                     Outline application for residential development with all matters reserved, except for access

Location:                     Back Lane Reservoir, Back Lane, Clayton-le-Woods

Decision:

It was proposed by Councillor Roy Lees, seconded by Councillor David Dickinson and subsequently RESOLVED (9:1) – To permit outline planning permission subject to a Section 106 Agreement and the following conditions:

1.      All details in relation to the works for highway safety, as specified in the CBRE CB Richard Ellis Letter dated 22 September 2010, para c) on Neighbour responses, and as specified on plan no. 599007 Rev A shall be carried out prior the occupation of the proposed development.

         Reason: In the interests of highway safety and to comply with Policy GN5.

2.      An application for approval of the reserved matters (namely the appearance, layout, scale 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.

3.      Before the development hereby permitted is first commenced, full details of all reserved matters (namely the siting, design, external appearance of the building(s), and the landscaping of the site) shall be submitted to and approved in writing by the Local Planning Authority.

         Reason: The permission is in outline only and in accordance with Policy Nos. GN5 and HS4, of the Adopted Chorley Borough Local Plan Review.

4.      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.

5.      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.

6.      There shall be no tree felling or vegetation works that may effect nest birds carried out between March and August (inclusive) unless an absence of birds has been confirmed by surveys.

         Reason: To ensure the protection of nesting birds and to comply with Policy EP4 of the Chorley Local Plan Review.

7.      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.

8.      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 and HT9 of the Adopted Chorley Borough Local Plan Review.

9.      Prior to the commencement of development a method statement shall be provided to show how the removal of the trees and any works around the trees is to be carried out. This shall be agreed in writing by the Local Planning Authority.

         Reason: To safeguard the visual amenity of the area and the safeguard the appearance and health of the trees.

10.        There shall be no vegetation clearance, site preparation or any other development work carried out until a detailed habitat creation/enhancement scheme and management plan is provided and agreed in writing by the Local Planning Authority. The management plan shall show that 0.1 ha of the acid grassland can be retained on site or relocated off site, within the vicinity of the application. The development shall not be occupied until such a scheme has been implemented and thereafter the acid grassland shall be maintained in accordance with the habitat management plan.

         Reason: To ensure that is can be demonstrated that sufficient habitat will be retained and/or re-established to ensure that there is no loss in biodiversity value and to comply with Policy EP4 of the Chorley Local Plan Review’

11.    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.  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 Policy Nos. EP18 and EP19 of the Adopted Chorley Borough Local Plan Review.

12.    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 AdoptedChorley Borough Local Plan Review and HE12 of PPS5.