Agenda item

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

Planning granted subject to legal agreement and conditions.

Councillor Henry Caunce and Councillor Dennis Edgerley declared a prejudicial interest and left the meeting for the duration of this item.

 

(The Committee received representations objecting to the proposals and the applicant’s agent in support of the application.)

 

Application No:          10/01081/FUL

Proposal:                   Change of use and works to existing buildings to create two dwellings and two garages (resubmission of planning application No: 10/00604/FUL)

Location:                    Land North West of and adjacent to Back House Barn, Hall Lane, Mawdesley, Lancashire

Decision:

 

It was proposed by Councillor Roy Lees, seconded by Councillor Alan Cullens and subsequently unanimously RESOLVED – To grant planning permission subject to a Section 106 Agreement and the following conditions:

 

1.       Any delivery of materials and construction work shall only be carried out between 08.00 hours and 18.00 hours Monday to Friday and between 08.00 hours and 13.00 hours on Saturday and there shall be no deliveries or construction work shall be carried out on Sundays or Bank/Public Holidays.

          Reason: To safeguard the amenities of local residents and in accordance with Policy HS4 of the Chorley Local Plan Review.

 

2.       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.

 

3.       There shall be no site clearance, site preparation or development work to take place until a habitat enhancement and management plan for the land as indicated on the location plan submitted with the application (within the ownership of the applicant). This shall be submitted to and agreed in writing by the local planning authority in consultation with specialist advisors. Once agreed then this shall be implemented in full and maintained throughout the lifetime of the development.  Reason: In the interests of the safeguarding of the natural habitats of the area and to ensure accessibility within the area in accordance with saved Policy EP2 of the Adopted Chorley Borough Local Plan Review.

 

4.       The development hereby permitted shall be carried out in accordance with the amended plan(s), 08/133/P01 Rev D (Proposed Site Layout), 08/133/P02 Rev B (Building 1-Proposed Plan, Section & Elevations), 08/133/P04 Rev B (Building 1-Proposed Elevations) and 08/133/P03 Rev D (Building 3-Proposed Plans & Elevations) received on 1 February 2011.

          Reason:  To define the permission and ensure a satisfactory form of development.

 

5.       The permission hereby granted is for the conversion of the existing buildings only and does not imply or grant consent for any demolition and rebuilding of any external walls of the building, as outlined in appendix to structural report for building 1, appendix to structural report for building 3, method statement for conversion of building to dwelling-building 1 and method statement for conversion of building to dwelling-building 3, received on 22 March 2011.

          Reason: This will ensure that only the existing buildings are used and remain in the position that they are located, therefore retaining the openness of the Greenbelt.

 

6.       Each dwelling hereby permitted shall be constructed to achieve the relevant Code for Sustainable Homes Level required by Policy SR1 of the Sustainable Resources DPD (Level 3 for all dwellings commenced from 1 January 2010, Level 4 for all dwellings commenced from 1 January 2013 and Level 6 for all dwellings commenced from 1 January 2016) and achieve 2 credits within Issue Ene7: Low or Zero Carbon Technologies.

          Reason: To ensure the development is in accordance with Government advice contained in Planning Policy Statement: Planning and Climate Change- Supplement to Planning Policy Statement 1 and in accordance with SR1 of Chorley Borough Council’s Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document.

 

7.       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 have been achieved and the Certificate has been submitted to and approved in writing by the Local Planning Authority.

          Reason: To ensure the development is in accordance with Government advice contained in Planning Policy Statement: Planning and Climate Change- Supplement to Planning Policy Statement 1 and in accordance with SR1 of Chorley Borough Council’s Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document.

 

8.       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.

 

9.       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 plan(s)) 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 residentsand in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

 

10.     Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences, walls and hedging 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, walls and hedges 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 EM2 of the Adopted Chorley Borough 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 No. EP18 of the Adopted Chorley Borough Local Plan Review.

 

12.     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.

 

13.     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.

 

14.     During the construction period all hedges, trees and rough grassland, as specified within the ERAP Ltd report, shall be protected by 1.2m high fencing as specified in paragraph 8.2.2 of British Standard BS5837:2005. No construction materials, spoils, rubbish, vehicles or equipment shall be stored or tipped within the area(s) so fenced.Reason: To safeguard the hedges, hedges and rough grassland in accordance with Policy EP9 of the Chorley Local Plan Review. 

 

15. 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.

 

16.     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.

 

17.     The garages hereby permitted shall only be used for purposes incidental to the enjoyment of the dwellinghouse, including the parking of cars and shall not be converted to living accommodation.

          Reason:  In order to safeguard the residential amenity and character of the area and in accordance with Policy Nos. DC7A and HS4  of the Adopted Chorley Borough Local Plan Review.

 

18.     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 localityand in accordance with PPS2, DC7A and Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

 

19.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (Schedule 2, Part 2, Class A) (or any Order revoking and re-enacting that Order) no fences, gates or walls shall be erected within the curtilage of any dwelling hereby permitted (other than those expressly authorised by this permission).

          Reason: To protect the appearance of the locality and in accordance with PPS2 and Policies DC7A and HS4 of the Adopted Chorley Borough Local Plan Review.

 

20.     Prior to the commencement of development full details of proposed sparrow nesting opportunities shall be submitted and approved in writing by the local planning authority in consultation with specialist advisors. Once the details have been approved then the details shall be implemented in full.

          Reason: To ensure that nesting opportunities and habitats are provided which will be lost with the demolition of some buildings on site and to comply with saved Policy GN5 part (e) of the Chorley Local Plan Review.

 

21.     The recommendations as outlined in Section 5.0 of the ERAP Ltd Ecological Survey and Assessment June 2010 shall be implemented in full.

          Reason: To ensure the appropriate safeguards for the Habitats on Site in accordance with saved Policy EP2 of the Adopted Chorley Borough Local Plan Review.

 

22.     Prior to the commencement of development a mitigation strategy for bats and barn owls shall be submitted and approved in writing by the Local Planning Authority in consultation with specialist advisors. Once the details have been approved then the details shall be implemented in full.To ensure that nesting opportunities and habitats are provided which will be lost with the demolition of  buildings and to comply with saved Policy GN5 part (e) of the Chorley Local Plan Review.

 

23.     No additional windows shall be inserted unless otherwise agreed in writing by the local planning authority.

          Reason: To protect residential amenity and to comply with Policy HS4 of the Chorley Local Plan Review.

 

24.     This consent relates to the following plans:

          Plan Ref.            Received On:                                Title:

          08/133/P06         16 December 2010                        Double Garage

          08/133/E02         16 December 2010                        Topographical Site Survey

          Reason:  To define the consent and to ensure all works are carried out in a satisfactory manner.

 

25.     Prior to the commencement of development details of the windows set back in their reveals shall be submitted and agreed in writing. Once approved these shall be retained at all times throughout the lifetime of the permission.

          Reason: In the interests of the character and appearance of the building and in accordance with Policies GN5 and HS4 of the Chorley Local Plan Review.

 

26.     Prior to the commencement of development a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall specifically include details of working practices, site management, hours of operation, construction routes into and around the site, and the location of any storage or site compounds.

          Reason: To protect the residential amenity of neighbouring residents during the construction phase and in accordance with Policy No HS4 of the Adopted Chorley Borough Local Plan Review.