Agenda item

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

Planning permission approved subject to a Section 106 Agreement and conditions.  

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

 

Application No:          11/00168/FULMAJ

Proposal:                   Full planning application for the demolition of the existing buildings and erection of a residential development comprising of 20 new houses and associated access, car parking and landscaping arrangements.

Location:                    Weldbank Plastic Co Ltd, Westhoughton Road, Heath Charnock, Chorley, Lancashire.

Decision:

 

It was proposed by Councillor Ken Ball, seconded by Councillor David Dickinson and subsequently unanimously RESOLVED -  To grant the planning application subject to a Section 106 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.       No dwelling on plots 10, 11, 13, 14 and 18 hereby permitted shall be occupied until garden sheds have been provided in accordance with plans which have been submitted to and approved in writing by the Local Planning Authority. The garden sheds shall be retained in perpetuity thereafter.

          Reason: The garages are smaller than would normally be provided and therefore to ensure sufficient storage/cycle storage is provided at the properties in accordance with Manual for Streets

 

3.       Notwithstanding the submitted details prior to the occupation of the dwellings hereby permitted the planting and fence on the highway frontage of the site to Westhoughton Road and within a visibility splay, which is drawn from a point 4.5m measured along the centre line of Danesway from the continuation of the nearer edge of the carriageway of Westhoughton Road  to a point measured 70m in the south eastern  direction along the nearer edge of the carriageway of Westhoughton Road from the centre line of Danesway , shall be permanently maintained at a height not greater than 1m above the crown level of the carriageway of Westhoughton Road.

          Reason: To ensure adequate visibility at the junction and adequate visibility is maintained for the neighbouring property. In accordance with Policy TR4 and advice contained in Manual for Streets.

 

4.       Prior to the occupation of the dwellings hereby permitted the existing vehicular access on Westhoughton Road (Plot1) shall be physically and permanently closed and the existing verge/footway and kerbing of the vehicular crossing shall be reinstated in accordance with the Lancashire County Council Specification for Construction of Estate Roads.

          Reason: To maintain the proper construction of the highway and in accordance with Policy TR4 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.       Notwithstanding the submitted details prior to the commencement of the development full details of the boundary treatment adjacent to the watercourse (plots 5-9) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the boundary treatments will be implemented in accordance with the approved details.

          Reason: To protect/conserve the habitat/amenity value of this watercourse in accordance with Government advice contained in PPS9.

 

7.       Himalayan balsam is present within the application area. Under the Wildlife and Countryside Act 1981 (as amended) it is an offence to cause Himalayan balsam to grow in the wild. Therefore a programme of control/eradication of these species shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The programme shall accord with Environment Agency Guidelines and shall include proposed measures to prevent the spread of Himalayan balsam during any operations such as mowing, strimming or soil movement. It shall also contain measures to ensure that any soils brought to the site are free of the seeds / root / stem of any invasive plant covered under the Wildlife and Countryside Act 1981. Development shall proceed in accordance with the approved programme.

          Reason: To ensure the eradication of Himalayan balsam in accordance with the Wildlife and Countryside Act 1981 (as amended).

 

8.       During the construction period temporary fencing shall be erected along the bank top of the brook to protect the river corridor and prevent debris and construction material from encroaching into this area. Prior to the commencement of the development full details of the temporary fencing shall be submitted to and approved in writing by the Local Planning Authority. The fencing shall thereafter be retained during the construction period in accordance with the approved details.

          Reason: to ensure the protection of Eller Brook during the construction period.

 

9.       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. The scheme shall also demonstrate maintenance and enhancement of biodiversity, incorporating recommendations of paragraphs 5.8.4 – 5.8.8 of the report 'Land at Weldbank Plastic Co Ltd, Westhoughton Road, Heath Charnock.  Ecological Survey and Assessment (including a licensed bat survey)' (ERAP, January 2011).

          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 and Government advise contained in PPS9.

 

10.     Prior to the commencement of the development full details of bat roosting opportunities to be incorporated into the new development shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be completed in accordance with the approved details.

          Reason: To mitigate the loss of potential bat roosting opportunities in accordance with Policy EP4 of the Adopted Chorley Borough Local Plan Review and Government advice contained in PPS9.

 

11.     Prior to the commencement of the development full details of the communal bin collection points to serve plots 5, 6, 7, 8, 9, 10 and 11 and 14, 15, 16 and 17 shall be submitted to and approved in writing by the Local Planning Authority. The details shall include their location and the proposed hardsurfacing materials/ details of the enclosure. The collection points shall only be utilised for the storage of bins on bin collection days and shall be free of bins at all other times. The collection points shall thereafter be retained in perpetuity.

          Reason: To ensure adequate refuse collection facilities are provided on site and in the interests of the visual amenities of the area. In accordance with Policy GN5 of the Adopted Chorley Borough Local Plan Review.

 

12.     Prior to the commencement of the development full details of the Management Company and arrangements for the future management and maintenance of the site, including the private highway, parking areas and bin collection points, shall be submitted to and approved in writing by the Local Planning Authority. The site shall thereafter be managed by the approved Management Company in accordance with the approved arrangements.

          Reason: To ensure the satisfactory management of the private highways, parking areas and the storage of bins at the collection points at the site. In accordance with Policies GN5 and TR4 of the Adopted Chorley Borough Local Plan Review.

 

13.     Prior to the commencement of the development a scheme and programme for the site enabling and construction phase of the development shall be submitted to and approved by the Local Planning Authority.  The scheme and programme shall cover:

1.      Site compound and contractor parking and management of contractors parking to ensure parking does not overspill onto surrounding roads.

2.      Construction operating hours including deliveries and site construction staff.

          The approved scheme and programme shall be implemented.  

          Reason: To ensure that noise and disturbance resulting from hours of operation and delivery does not adversely impact on the amenity of existing residents.

 

14.     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).

          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 Policy SR1 of Chorley Borough Council's Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document.

 

15.     No phase or sub-phase of the development shall begin until details of a ‘Design Stage’ assessment and related certification have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out entirely in accordance with the approved assessment and certification.

          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 Policy SR1 of Chorley Borough Council's Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document.

 

16.     No dwelling shall be occupied until a letter of assurance, detailing how each plot will meet the necessary code level, has been issued by an approved code assessor and approved in writing by the Local Planning Authority. The development thereafter shall be completed in accordance with the approved measures for achieving the required code level. Prior to the completion of the development a Final Code Certificate shall be 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 Policy SR1 of Chorley Borough Council's Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document

 

17.     Prior to the commencement of the development full details of the on site measures to reduce the carbon emissions of the development, through the use of renewable or low carbon energy sources/ technologies, by 15% shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be completed in accordance with the approved details.

          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 Policy SR1 of Chorley Borough Council's Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document.

 

18.     The integral and detached 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 to ensure adequate off street parking is retained.  In accordance with Policies HS4 and TR4 of the Adopted Chorley Borough Local Plan Review

 

19.     If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with 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.

          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 Government advice contained in PPS23: Planning and Pollution Control

 

20.     The development hereby permitted shall be carried out in accordance with the precautionary measures for tree works outlined in paragraphs 5.5.3 – 5.5.6 of the report 'Land at Weldbank Plastic Co Ltd, Westhoughton Road, Heath Charnock.  Ecological Survey and Assessment (including a licensed bat survey)' (ERAP, January 2011).

          Reason: To ensure the continued protection of bats as part of the development. In accordance with Policy EP4 of the Adopted Chorley Borough Local Plan Review and The Conservation of Habitats and Species Regulations 2010

 

21.     The development hereby permitted shall be carried out in accordance with the mitigation measures for bats in buildings during demolition as recommended in paragraphs 5.5.9 – 5.5.13 of the report 'Land at Weldbank Plastic Co Ltd, Westhoughton Road, Heath Charnock.  Ecological Survey and Assessment (including a licensed bat survey)' (ERAP, January 2011).

          Reason: To ensure the continued protection of bats as part of the development. In accordance with Policy EP4 of the Adopted Chorley Borough Local Plan Review and The Conservation of Habitats and Species Regulations 2010

 

22.     The development hereby permitted shall be carried out in accordance with the measures for the protection of retained trees, other vegetation and Eller Brook, as recommended in section 5.3 the report 'Land at Weldbank Plastic Co Ltd, Westhoughton Road, Heath Charnock.  Ecological Survey and Assessment (including a licensed bat survey)' (ERAP, January 2011).

          Reason: To protect/conserve the habitat/amenity value of this watercourse and trees in accordance with Government advice contained in PPS9

 

23.     The approved plans are:

Plan Ref.                               Received On:              Title:

317-101                                  1 March 2011               Location Plan

317-102 Rev G                      24 May 2011                 Planning Layout

317-103 Rev B                      5 May 2011                   Streetscenes

1055-901 Rev C                    13 May 2011                 General Arrangements

317-104 Rev A                       9 May 2011                   Planning Site Sections

5896/01                                  1 March 2011               Topographical Survey

317-H736-2/101 Rev A          5 May 2011                   Aspull 2 Bed House

317-H1207-4/101                   1March 2011                Hale 4 Bed House

317-H1540-4S/101                 1 March 2011               Appleton Side Garage (Plot 16)

317-H1589-5/101                   1 March 2011               Bowden 5 Bed House (Plot 19)

317-H1589-5/102                   1 March 2011               Bowden 5 Bed House (Plots 12)                

317-H1589-5/103                   10 May 2011                 Bowden 5 Bed House (Plot 15)

317-H1641-5F/101                 1 March 2011               Grantham Front Aspect (Plots 2 & 3)

317-H1672-5/101                   4 May 2011                   Newbury B (Plots 11, 14 & 18)

317-H1672-5/102                   1 March 2011               Newbury B (Plots 10 & 13)

317-H1836-5/101                   1 March 2011               Waverton (Plot 1)

317-H1836-5/102                   1 March 2011               Waverton (Plots 17 & 20)

317-H1843-5/101                   1 March 2011               Portland (Plot 4)

317-SG/DETAIL/101 Rev A  5 May 2011                   Single Garage (Plot 9)

317-DG/DETAIL/101             5 May 2011                   Double Garage (Plots 1, 2, 3, 4, 17 & 20)

STD DETAILS- SD-??          1 March 2011               1800 High Closeboard Fence

STD DETAILS- SD-??          1 March 2011               1500 High Closeboard

                                                                                     Fence with 300mm trellis

STD DETAILS-SD-15-W01   1 March 2011               1800 High Brick Wall

                                                                                     with Tile Crease

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

                                                                                                              

24.     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.

 

25.     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.

 

26.     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 Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

 

27.     The external facing materials detailed within the submitted Design and Access Statement shall be used and no others substituted. Namely Ibstock Old English, Ibstock Beamish Blend and Ibstock Ravenhead Red Smooth bricks and Russell Grampian roof slates, colour slate grey.

          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.

 

28.     The ground surfacing materials detailed on the approved plans shall be used and no others substituted.

          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.

 

29.     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 on plots 1, 2, 3, 4, 5, 16, 17 and 20 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 Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

 

30.     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.

 

31.     The two bathroom windows in the first floor of plot 15’s rear elevation shall be fitted with obscure glass and obscure glazing shall be retained at all times thereafter.

Reason:  In the interests of the privacy of occupiers of neighbouring property and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

 

32.     Prior to the commencement of the development full details of the proposed retaining wall within the north east corner of the site, including levels and sections, shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be carried out in accordance with the approved details.

          Reason: In the interests of the visual amenities of the area and in accordance with Policy GN5 of the Adopted Chorley Borough Local Plan Review.