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 objecting to the proposals and the applicant’s agent in support of the application.)

Application No:          10/00735/OUTMAJ

Proposal:                   Outline planning application for the erection of a residential development with associated access arrangements

Location:                    Land 110m West of Coppull Enterprise Centre, Mill Lane, Coppull

Decision:

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

1.       Before the development hereby permitted is first commenced, full details of all reserved matters (namely the siting, design, landscaping of the site and the external appearance of the dwellings) 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.

2.       The approved plans are:

          Plan Ref. Received On: Title:

          6941/L(00)12 24 November 2010 Location Plan

          6941/L(00)014 14 December 2010 Proposed Site Plan

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

3.       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 1January 2013 and Level 6 for all dwellings commenced from 1 January 2016) and achieve 2 credits within Issue Ene7: Low or Zero Carbon Technologies.

Reasons: To ensure that the dwellings meet the relevant Code for Sustainable Homes and in accordance with Policy SR1 of the Sustainable Resources DPD.

4.       The application for approval of reserved matters shall be accompanied by full details of existing and proposed ground levels and proposed building slab levels (all relative to ground levels adjoining the site), notwithstanding any such detail shown on the approved plans. 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.       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 the approved 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 Chorley Borough Local Plan Review.

6.       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 Chorley Borough Local Plan Review.

7.       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 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 HS4 of the Chorley Borough Local Plan Review.

9.       The existing soil levels around the base of the trees to be retained shall not be altered.

          Reason: To safeguard the trees to be retained and in accordance with Policy Nos. EP9 of the Chorley Borough Local Plan Review.

10.     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 of the Chorley Borough Local Plan Review.

11.     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.

12.     No dwelling, which has a curtilage bounding any area of informal public open space shown on the approved plans, shall be occupied until that area of informal public open space has been laid out and equipped in accordance with the approved details.

          Reason: To ensure adequate provision for public open space and play areas within the development and in accordance with Policy Nos. HS20 and HS21 of the Adopted Chorley Borough Local Plan Review.

13.     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 of the Adopted Chorley Borough Local Plan Review.

14.     No development approved by this permission shall commence until a surface water drainage scheme for the site based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development has been submitted to and approved in writing by the Local Planning Authority. It shall include details of how the scheme shall be maintained and managed after completion of the development and shall subsequently be implemented in accordance with the approved details prior to the completion of the development.

Reasons: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, ensure future maintenance of the surface water drainage system and in accordance with Policy Nos. EP18 and EP19 of the Adopted Chorley Borough Local Plan Review.

15.     Due to past processes and activities upon and adjacent to the above site, there is a potential for ground contamination. Therefore, 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 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 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.

16.     The development hereby permitted shall only be carried out in accordance with the avoidance measures set out in paragraphs 6.7 to 6.12 of the Ecological Assessment (Ref No. 2285.004/Rev C).

Reasons: To ensure that protected species are safeguarded and in accordance with Policy No. EP4 of the Adopted Chorley Borough Local Plan Review.

17.     Prior to the commencement of development, a scheme for the protection of the Biological Heritage Site both during (e.g. vehicle movements, storage of materials, pollution etc) and after construction shall have been submitted to and approved in writing by the Local Planning Authority. The details shall include a phasing schedule and a native species vegetated buffer between the site and the Biological Heritage Site. The scheme shall be implemented in accordance with the approved details and the phasing set out therein.

Reasons: To ensure the Biological Heritage Site is protected and in accordance with Policy No. EP4 of the Adopted Chorley Borough Local Plan Review.

18.     The development hereby permitted shall not commence until full details of the junction and access road between the proposed development and the highway have been submitted to and approved in writing by the Local Planning Authority. No part of the development hereby permitted shall be occupied or used until that junction and access road has been constructed/upgraded in accordance with the approved details.

          Reason: In the interests of highway safety and in accordance with Policy No.TR4 of the Adopted Chorley Borough Local Plan Review.

19.     The development hereby permitted shall not commence until samples of all external facing materials to the proposed dwellings (notwithstanding any details shown on the approved plans) 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 Chorley Borough Local Plan Review.

20.     The final layout and design of the development to be submitted as part of a reserved matters application shall be prepared in accordance with the mitigation measures and recommendations contained in the WSP Environmental Noise Assessment Report dated 3 March 2011.

          Reasons: To provide satisfactory living conditions for future residents and in accordance with Policy No. Ep20 of the Chorley Borough Local Plan Review and PPG24.