Agenda item

Report of the Director of Development and Regeneration (enclosed)

Application No:            06/01371/FULMAJ

Proposal:                   Residential development comprising of 19 houses and 6 flats and associated works (amendment to part of that previously approved on application nos. 03/00214/FUL and 03/00529/FULMAJ

Location:                    Vale Works, Star Lane, Horwich Bolton

Decision:

It was proposed by Councillor Adrian Lowe, seconded by Councillor Roy Lees, and subsequently RESOLVED (5:0) to grant planning permission subject to a Section 106 Agreement and the following conditions:

1. This consent relates to the following plans:

Plan Ref.                   Received On:                     Title:

                                     25^th January 2007               Location Plan

PL01/311                   25^th January 2007               Planning  and

                                                                                    Landscape Layout

2006/PAL/04             4^th January 2007               2006 Palmerston

                                                                                    Plans and

                                                                                    Elevations

2278/DET/02                        3^rd November 2006               Brick Piers and 1.8m

                                                                                    High Close

                                                                                    Boarded Fence

GF2                            3^rd November 2006               Low Feather Edged

                                                                                    Fence

GF1                            3^rd November 2006               Standard Feather

                                                                                    Edged Fence

RD2                            3^rd November 2006               Railing Details

22095/T00                 3^rd November 2006               Topographical Survey

2006/BUK/01          5^th March 2007              2006 Buckingham

                                                                                    Plans and Elevations

2006/BUH/01          5^th March 2007              2006 Buchanan Plans

                                                                                    and Elevations

2006/ENN/01          5^th March 2007              2006 Ennerdale

                                                                                    Plans and Elevations

2205/FA3/01             5^th March 2007              2005 Falkirk Plans

                                                                                    and Elevations

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

2. 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.

3. 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.

4. 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.

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 to the site boundaries (notwithstanding any such detail shown on previously submitted plans) 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 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 EM2 of the Adopted Chorley Borough Local Plan Review.

6. No development shall take place until:-a) a scheme for monitoring landfill gas migration has been submitted to and approved in writing by the Local Planning Authority;b) all monitoring specified in the approved scheme (submitted under a) above), has been carried out and the results of the monitoring exercise, together with recommendations and specific proposals to render the site capable of development for housing have been submitted to the Local Planning Authority; andc) the Local Planning Authority has given written approval to the development proceeding having regard to the results of the monitoring exercise and the recommendations and proposals submitted under b) above), and the carrying out of any required works in a manner and to a timetable to be agreed in writing with the Local Planning Authority. Upon completion of the works of remediation and treatment, a Validation Report shall be submitted to the Local Planning Authority.

Reason: In the interests of safety and in accordance with Policy No. EP16 of the Adopted Chorley Borough Local Plan Review.

7. Before the development hereby permitted is first commenced, full details of the measures to be incorporated into the development to prevent the ingress of landfill gas shall be submitted to and approved in writing by the Local Planning Authority.  The development hereby permitted shall only be constructed in accordance with the approved scheme of landfill gas ingress prevention measures.

Reason:  To protect occupiers from the ingress of landfill gas and in accordance with Policy No. EP16 of the Adopted Chorley Borough Local Plan Review.

8. 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.

9. 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.

10. The development hereby permitted shall not commence until full details of the colour, form and texture of all external facing materials to the proposed building(s) (notwithstanding any details shown on the 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.

11. The integral/attached garage shall be kept freely available for the parking of cars and shall not be converted to living accommodation, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995.

Reason:  To ensure adequate garaging/off street parking provision is made/maintained and thereby avoid hazards caused by on-street parking and in accordance with Policy No.TR8 of the Adopted Chorley Borough Local Plan Review.

12. The windows in the first floor of the western elevation of the dwelling on plot B1, first floor of the southern elevation of the dwelling on plot B6, first floor of the southern elevation of the dwelling on plot 87F and the first floor of the western elevation of the dwelling on plot 86F 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.

13. There shall be no direct vehicular or pedestrian access of any kind between the site and the M61 motorway. To this end a close-boarded fence or similar barrier not less than two metres high shall be erected along the frontage of the site with the motorway details of which shall be submitted to and approved by the Local Planning Authority prior to the commencement of any works associated with the development hereby permitted. The approved fence shall be erected, prior to the substantial completion of the development, a minimum of one metre behind the existing motorway boundary fence on the developer's land and independent of the existing fence and retained thereafter.

Reason: The use of a motorway by pedestrians is prohibited by law, a fence of the type specified is considered to be the minimum safety requirement for this type of development adjacent to the motorway

14. There shall be no development on or adjacent to any motorway embankment that shall put any embankment or earthworks at risk.

Reason: To protect the stability of the motorway.

15. 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 and EM2 of the Adopted Chorley Borough Local Plan Review.

16. 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.