Agenda item

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

Planning permission granted subject conditions.  The discharge of condition application for the highway layout to be determined by Committee.

(The Committee received representations from two objectors to the proposals and from the secretary and agent for St Mark’s FC in support of the proposals.)

 

Application  No:           11/00028/FULMAJ

Proposal:                    Proposed change of use of pasture land to create a sports field for three football pitches involving minimal cut and fill earthworks to create a level playing area together with an associated new vehicular access off Scholes Bank to serve a new car park.

Location:                     Land 150 metres south of Filter Beds Cottage, Bolton Road, Anderton, Lancashire.

Decision:

 

It was proposed by Councillor Ken Ball to defer the decision until a highway layout could be considered by Members at a future meeting. 

 

At this point there was a short adjournment for officers to confer. 

 

On their return, the Chair of the Committee asked for a Member to second Councillor Ball’s proposal.  The proposal was not seconded.  

 

It was proposed by Councillor David Dickinson, seconded by Councillor Marie Gray        and subsequently RESOLVED (13:1) – To grant planning approval subject to the following conditions.  The discharge of condition application for the highway layout to be determined by Committee:

 

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.       Notwithstanding the details shown on the approved plans, no part of the development hereby approved shall commence until a scheme for the construction of the site access and the off-site works of highway improvement, including a Traffic Regulation Order for a reduction in the speed limit along Scholes Bank (if deemed necessary by the Highway Authority - Lancashire County Council), has been submitted to, and approved in writing by, the Local Planning Authority in consultation with the Highway Authority. The site access, off-site works to the highway and reduction in the speed limit (if deemed necessary as such by the Highway Authority) shall be completed prior to the first use of the football pitches and car park hereby permitted.

          Reason:  In order to ensure that the access, visibility splays alignment and width of carriageways is designed to meet the requirements of  the Local Planning Authority and Highway Authority that the final details of the highway scheme/works are acceptable in highway safety terms before work commences on site and in accordance with Policy No. TR4 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.       Before the development hereby permitted is first commenced full details of the existing levels on the site and the proposed ground levels of the football pitches, the car park, access path and access road (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 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 LT12 of the Adopted Chorley Borough Local Plan Review.

 

5.       Before the development hereby permitted is first used, provision for cycle parking, in accordance with details which have first been submitted to and approved in writing by the Local Planning Authority, shall have been made.

          Reason: To ensure adequate on site provision for cycle parking and in accordance with Policy No. TR4 of the Adopted Chorley Borough Local Plan Review.

 

6.       No development shall take place until details of the proposed surface water drainage arrangements for the access road, car park and football pitches have been submitted to and approved by the Local Planning Authority in writing.  No part of the development shall be used until the approved surface water drainage arrangements have been fully implemented in accordance with the approved details.

          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.

 

7.       Before the development hereby permitted is first commenced, full details of the position, height and appearance of all fences, walls and gates (including the gate across the access) to be erected to the site boundaries and within the site (notwithstanding any such detail shown on the approved plans) shall have been submitted to and approved in writing by the Local Planning Authority. The land shall not be used pursuant to this permission until all walls and fences have been erected in accordance with the approved details. Fences and walls 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 LT12 of the Adopted Chorley Borough Local Plan Review.

 

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

 

9.       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.

 

10.     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 the approved plans) 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 No. GN5 of the Adopted Chorley Borough Local Plan Review.

 

11.     Before the use of the football pitches hereby permitted is first commenced, the car park, access road and vehicle manoeuvring areas shall be surfaced, drained and marked out all in accordance with the approved plans. 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. TR4 of the Adopted Chorley Borough Local Plan Review.

 

12.     Before the access is used for vehicular purposes, that part of the access extending from the highway boundary for a minimum distance of 15m into the site shall be appropriately paved/surfaced using a hard material details of which have first been submitted to and approved in writing by the Local Planning Authority. The accessway thereafter shall be surfaced in accordance with the approved materials. 

          Reason: To prevent loose surface material from being carried on to the public highway thus causing a potential source of danger to other road users and in accordance with Policy No. TR4 of the Chorley Borough Local Plan Review.

 

13.     The football pitches hereby permitted shall be not be used until the means of vehicular access has been constructed and completed in accordance with the approved plans.

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

 

14.     The access road to the site and car park shall remain closed to motorised vehicles and motorcycles at all times other than when matches are being played.

          Reasons: In the interests of the amenities of neighbours, to prevent vehicles and motorcycles access the site when not in use and in accordance with Policy No. LT12 of the Adopted Chorley Borough Local Plan Review.

 

15.     The existing access crossing over Jepson’s Clough shall be removed in full with the watercourse restored to open section in accordance with details and a timescale to be agreed in writing by the Local Planning Authority. The works shall be completed in accordance with the approved details and within the agreed timescale. 

          Reason: To reduce flood risk by removing a redundant structure and in accordance with Policy No. EP19 of the Adopted Chorley Borough Local Plan Review.

 

16.     Prior to the commencement of development hereby permitted, a detailed method statement for the removal and/or long-term management/eradication of Japanese Knotweed & Himalayan Balsam on the site shall have been submitted to and approved in writing by the Local Planning Authority. The method statement shall include proposed measures to prevent the spread of Japanese Knotweed & 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 only proceed in accordance with the approved method statement.

          Reason: To prevent the spread of Japanese Knotweed & Himalayan Balsam as a result of the development and in accordance with Policy No. EP4 of the Adopted Chorley Borough Local Plan Review.

 

17.     The development hereby permitted shall only be carried out in accordance with the amphibian mitigation measures specified in section 6.1 of the TEP Ecological Assessment (Report Ref: 2140.002revA), or any amended measures which have first been submitted to and approved in writing by the Local Planning Authority.

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

 

18.     No site clearance, site preparation or development work shall take place until a habitat creation/enhancement and management plan (to include appropriate compensation for tree and hedgerow lossesand loss of potential terrestrial amphibian habitat) has been submitted and approved by Chorley Borough Council in consultation with LCC (Ecology). The development shall only be carried out in accordance with the approved habitat creation/enhancement and management plan.

          Reasons: To mitigate habitat loss, safeguard protected species and in accordance with Policy No. EP4 of the Adopted Chorley Borough Local Plan Review.

 

19.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 there shall not at any time in connection with the development hereby permitted be erected or planted or allowed to remain upon the land hereinafter defined any building, wall, hedge, tree, shrub or other device above 600mm in height and any fence erected above a height of 600mm shall be of a design that does not impede driver visibility, details of which shall first be submitted to and agreed in writing by the Local Planning Authority in liaison with LCC (Highways). The visibility splay to be the subject of this condition shall be that land in front of a line drawn from a point 2.4m measured along the centre line of the proposed road from the continuation of the nearer edge of the carriageway of Scholes Bank to points measured 90m in each direction along the nearer edge of the carriageway of Scholes Bank, from the centre line of the access, and shall be constructed and maintained at footway/verge level in accordance with a scheme to be agreed by the Local Planning Authority in conjunction with the Highway Authority. 

          Reason:  To ensure adequate visibility at the street junction or site access and in accordance with Policy No. TR4 of the Adopted Chorley Borough Local Plan Review.

 

20.     The proposed access from the site to Scholes Bank shall be constructed to a (minimum) width of 5.5m and this width shall be maintained for a minimum distance of 20m measured back from the nearside edge of the carriageway. 

          Reason: To enable vehicles to enter and leave the premises in a safe manner without causing a hazard to other road users and in accordance with Policy No. TR4 of the Adopted Chorley Borough Local Plan Review.

 

21.     The existing access 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 (concurrent with the formation of the new access or within 3 months of the formation of the new access).

          Reason: To limit the number of access points to, and to maintain the proper construction of the highway.

 

22.     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.

 

23.     The development hereby permitted shall not commence until full details of the colour, form and texture of the ground surfacing materials for the car park and overspill car park (notwithstanding any such detail shown on the approved plans) have been submitted to and approved in writing by the Local Planning Authority. The car parks shall be constructed using permeable materials on a permeable base. 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 No. DC1 and GN5 of the Adopted Chorley Borough Local Plan Review.

 

24.     Before any tree felling is carried out full details (including species, number, stature and location) of the replacement tree planting shall have been submitted to and approved in writing by the Local Planning Authority.  The replacement tree planting shall be carried out in accordance with the approved details within nine months of the tree felling.

          Reason: To safeguard the visual amenity of the area and in accordance with Policy No.EP9 of the Adopted Chorley Borough Local Plan Review.