Agenda item

Application Number: 18/00414/FULMAJ

Land Off Rosemount Avenue, Preesall, FY6 0EY

Residential development comprising of the erection of 46 dwellings with associated access and parking.

Item 5A, Application Approved

 

An update sheet with additional information was published on the council’s website and made available at the meeting, this information only having become available after the original agenda was published.

 

Application Number: 18/00414/FULMAJ

 

Land off Rosemount Avenue, Preesall, FY6 0EY.

Residential development comprising of the erection of 46 dwellings with associated access and parking.

 

The application was brought before Members of the Planning Committee for determination at the request of Councillor Orme.

 

A site visit took place to enable Members to understand the proposal beyond the plans submitted and the photos taken by the Case Officer.

 

The committee considered the update sheet, which contained additional information and a revision to condition 2.

 

Mr Haw, expressed reservations in regards to the application.

 

Bill Bryne (Preesall Town Councillor) and Andrew Cropper (Wyre Councillor for Preesall ward) gave objections to the application.

 

Matt Smith, Agent of the applicant (Gleeson Homes), spoke in favour of the application.

 

RESOLVED that the application above be APPROVED (as per the recommendation)under the provisions of the Town and Country Planning Act 1990, as set out below.

 

Conditions:

 

1.         The development must be begun before the expiration of three years beginning with the date of this permission.

           

Reason: This condition is required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.         The development shall be carried out, except where modified by the conditions to this permission, in accordance with the Planning Application received by the Local Planning Authority on 7/06/2018 including the following plans/documents:

 

•           Site layout plan: 2883-1-001 Revision R

•           Site layout plan with OS plan: 2883-1-001 Revision R

•           Site layout plan with Topo: 2883-1-001 Revision R

•           Site location plan: 2883-1-000 C

•           Landscape Plan 3542/1 C

 

House type drawings:

 

•           201 type - 201/1G

•           202 type - 202/1F

•           313 type - 313/1

•           301 type - 301/1H

•           303 type - 303/1E

•           304 type - 304/1E

•           307 type - 307/1B

•           309 type - 309/1E

•           311 type - 311/1B

•           401 type - 401/1G

 

Other Drawings:

 

•           SD100E - 1800mm Timber Fence.

•           SD103B - 600mm Post and Wire fence.

•           SD700C - Single Garage.

•           SD701D - Double Garage.

 

The development shall be retained hereafter in accordance with this detail.

 

Reason: For the avoidance of doubt and so that the Local Planning Authority shall be satisfied as to the details.

 

3.         Prior to the commencement of development details of an appropriate management and maintenance plan for the sustainable drainage system for the lifetime of the development shall be submitted to and approved in writing by the Local Planning Authority. As a minimum, this shall include:

           

a)         The arrangements for adoption by an appropriate public body or statutory undertaker, or, management and maintenance by a Residents' Management Company

           

b)         Arrangements concerning appropriate funding mechanisms for the on-going maintenance of all elements of the sustainable drainage system (including mechanical components) and will include elements such as:

           

i.          on-going inspections relating to performance and asset condition assessments

           

ii.         operation costs for regular maintenance, remedial works and irregular maintenance caused by less sustainable limited life assets or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime;

           

c)         Means of access for maintenance and easements where applicable.

           

The development shall subsequently be completed, maintained and managed in accordance with the approved sustainable drainage management and maintenance plan.

           

Reason: To ensure that appropriate and sufficient funding and maintenance mechanisms are put in place for the lifetime of the development; to reduce the flood risk to the development as a result of inadequate maintenance; and to identify the responsible organisation/ body/ company/ undertaker for the sustainable drainage system in accordance with policy CDMP2 of the Wyre Local Plan (2011-31) and the National Planning Policy Framework.

 

4.         Prior to the commencement of development a drainage scheme, which shall detail measures for the attenuation and the disposal of foul and surface waters, together with details of existing and proposed ground and finished floor levels to achieve the drainage scheme and any flood risk mitigation deemed necessary, shall be submitted to and approved in writing by the Local Planning Authority. The surface water drainage scheme shall be in accordance with the hierarchy outlined in Policy CDMP2 of the Wyre Local Plan 2011-31.

           

The scheme details shall include, as a minimum:

           

a)         Information about the lifetime of the development design storm period and intensity (1 in 30 & 1 in 100 year + allowance for climate change as set out within the Environment Agency's advice on Flood risk assessments: climate change allowances' or any subsequent replacement EA advice note), discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance and easements where applicable, the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters, including watercourses, and details of floor levels in AOD;

           

b)         Demonstration that the surface water run-off would not exceed the pre-development greenfield runoff rate (unless otherwise agreed in writing with the Local Planning Authority);

           

c)         Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant);

           

d)         Flood water exceedance routes, both on and off site;

           

e)         A timetable for implementation, including phasing as applicable;

           

f)          Evidence of an assessment of the site conditions to include site investigation and test results to confirm infiltrations rates;

           

g)         Details of water quality controls, where applicable.

           

For the avoidance of doubt, surface water must drain separate from the foul and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly.

           

No part of the development shall be first occupied or brought into first use until the drainage works and levels have been completed in accordance with the approved scheme. Thereafter the agreed scheme shall be retained, managed and maintained in accordance with the approved details.

           

Reason: To promote sustainable development using appropriate drainage systems, ensure a safe form of development that poses no unacceptable risk of pollution to water resources or human health, to prevent an undue increase in surface water run-off to reduce the risk of flooding and in the interests of visual and residential amenity in accordance with Policies CDMP2 and CDMP3 of the Wyre Local Plan (2011-31) and the National Planning Policy Framework. The condition is required to be approved prior to commencement of development to ensure that full details are provided, that have not been forthcoming with the application, to ensure a suitable form of drainage is provided in that specific area taking into consideration land conditions and proximity to existing services and to ensure that any proposed raising of levels can be assessed and that a coherent approach is taken with regard to the design of drainage and housing layout.

 

5.         The new estate road for the development shall be constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least base course level up to the entrance of the site compound before any development takes place within the site.

           

Reason: To ensure that satisfactory access is provided to the site before the development hereby permitted becomes operative in accordance with Policy CDMP6 of the Wyre Local Plan (2011-31).

 

6.         Prior to the commencement of development, including any demolition works, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall include and specify the provision to be made for the following:

           

(a)       dust and dirt mitigation measures during the demolition / construction period; complaint management and arrangements for liaison with the Council's Environmental Protection Team

           

(b)       control of noise and vibration emanating from the site during the demolition / construction period; complaint management and arrangements for liaison with the Council's Environmental Protection Team

           

(c)        hours and days of demolition / construction work for the development expected to be 8.00-18.00, Monday to Friday, 08.00-13.00 on Saturday with no working on Sunday and Bank / Public Holidays

           

(d)       contractors' compounds and other storage arrangements

           

(e)       provision for all site operatives, visitors and construction loading, off-loading, parking and turning within the site during the demolition /  construction period

           

(f)        arrangements during the demolition / construction period to minimise the deposit of mud and other similar debris on the adjacent highways (e.g. wheel washing facilities)

           

(g)       the routeing of construction traffic and measures to ensure that drivers use these routes as far as is practicable

           

(h)       external lighting of the site during the demolition / construction period

           

(i)         erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

           

(j)         recycling / disposing of waste resulting from demolition / construction work

           

(k)        measures to protect watercourses against spillage incidents and pollution

           

The construction of the development including any demolition works shall be carried out in accordance with the approved CEMP.

           

Reason: Such details were not submitted with the application and need to be in place throughout the demolition / construction period in the interests of the amenities of surrounding residents, to maintain the operation and safety of the local highway network, to minimise the risk of pollution and to safeguard the character and appearance of the area in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31).

           

7.         Prior to the commencement of development an estate street phasing and completion plan shall be submitted to and approved in writing by the Local Planning Authority. The estate street phasing and completion plan shall set out the development phases and the standards to which estate streets serving each phase of the development will be completed. No dwelling within each phase shall be occupied until the estate street(s) affording access to these dwellings has been completed in accordance with the approved phasing plan.

           

Reason: - To ensure that the estate streets serving the development are completed and thereafter maintained to an acceptable standard in the interest of highway safety; to ensure a satisfactory appearance to the highways infrastructure serving the development; and to safeguard the visual amenities of the locality and users of the highway, in accordance with Policy CDMP6 of the Wyre Local Plan (2011-31).

 

8.         The development hereby approved shall not be first occupied or brought into use until the parking / turning area(s) shown on the approved plan 2883-1-001 Rev R) has been laid out, surfaced and drained. The parking / turning area(s) shall not thereafter be used for any purpose other than for the parking and manoeuvring of vehicles.

           

Reason: To ensure that adequate off road parking is provided to serve the development in the interests of highway safety and in accordance with the provisions of Policy CDMP6 of the Wyre Local Plan (2011-31).

 

9.         No development shall commence until details of the proposed arrangements for future management and maintenance of the proposed streets and other non-highway related combined footways/ cycleway within the development, including details of a private management and Maintenance Company to be established if applicable, have been submitted to and approved in writing by the Local Planning Authority. The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under section 38 of the Highways Act 1980.

           

Reason:  To ensure that all highways will be delivered to adoptable standards, to ensure that highways safety is not compromised and to ensure that all highways footways and cycleways will be maintained by either LCC as Local Highway Authority or by a site management company in accordance with Policy CDMP6 of the Wyre Local Plan (2011-31).

 

10.       Prior to the commencement of development a desk study to investigate and produce an assessment of the risk of the potential for on-site contamination shall be undertaken and submitted to and approved in writing by the Local Planning Authority. If the desk study identifies potential contamination, a detailed site investigation shall be carried out in accordance with a written methodology, which shall first have been submitted to and approved in writing by the Local Planning Authority.  If remediation measures are then considered necessary, a scheme for decontamination of the site shall be submitted to, and approved by, the Local Planning Authority in writing and the approved scheme implemented prior to the development of the site.  Any changes to the approved scheme must be approved in writing by the Local Planning Authority prior to any works being undertaken.

           

Reason: The development is for a sensitive end use and insufficient information has been submitted with the application as to the potential contamination risks of the site. The potential for contamination must therefore be addressed in order to safeguard the development in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31).

                       

11.       The Soft landscaping works shall be carried out in accordance with the approved details [Drawing Number 3542/1 RevB) prior to first occupation or first use of any part of the development or otherwise in accordance with a programme agreed in writing by the Local Planning Authority and shall thereafter be retained and maintained.

           

Any trees or shrubs planted in accordance with this condition which are removed, uprooted, destroyed, die, or become severely damaged or seriously diseased within 5 years of planting, or any trees or shrubs planted as replacements shall be replaced within the next planting season by trees or shrubs of similar size and species to those originally required to be planted, unless the Local Planning Authority gives its written consent to any variation.

           

The landscaping works shall be carried out in accordance with the approved details prior to first occupation or first use of any part of the development or otherwise in accordance with a programme agreed in writing by the Local Planning Authority and shall thereafter be retained and maintained.

           

Reason:  To ensure the site is satisfactorily landscaped in the interests of visual amenity and ecology in accordance with Policies CDMP3 and CDMP4 of the Wyre Local Plan (2011-31) and to ensure compliance with the Wildlife and Countryside Act 1981 and section 15 of the National Planning Policy Framework.

 

12.       Prior to occupation of any of the dwellings hereby approved full details of hard landscaping works have been submitted to and approved in writing by the Local Planning Authority. These details shall include, areas of hard surfaced areas and materials (i.e. driveways, paths, structures, furniture, play equipment, benches lighting and the footpath link to Meadow Avenue).

           

The landscaping works shall be carried out in accordance with the approved details prior to first occupation or first use of any part of the development or otherwise in accordance with a programme agreed in writing by the Local Planning Authority and shall thereafter be retained and maintained.

           

Reason: The details are required to be approved prior to commencement of development to ensure landscaping is implemented at an appropriate time during the development and for the purpose of safety and effective use of public areas.  

 

13.  The ground, slab and finished floor levels shall be constructed and completed in accordance with the approved details (as shown on plan drawing number proposed site layout 2883-1-001 Rev R)

           

Reason: To ensure that the development has a satisfactory visual impact on the streetscene, a satisfactory impact on neighbouring residential amenity in accordance with Policies CDMP2 and CDMP3 of the Wyre Local Plan (2011-31).

 

14.       Prior to the commencement of development, including any demolition or tree works, an Arboricultural Impact Assessment, Method Statement and Tree Protection Plan for the retained tree(s) shall be submitted to and approved in writing by the Local Planning Authority. This shall indicate the methods and positioning of tree protection measures such as ground protection (where necessary), Heras protective fencing and details of any specialist demolition or construction methods if appropriate.

           

The tree protection shall be carried out in accordance with the approved details prior to any development commencing and shall remain in place during construction

           

In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars.

           

Reason: In order to protect trees from damage or loss in the interests of the amenity of the area in accordance with Policies CDMP3 and CDMP4 of the Wyre Local Plan (2011-31) and to ensure compliance with the Wildlife and Countryside Act 1981. The details are required to be approved prior to commencement of development to ensure timely tree protection measures are in place.

 

15.       No tree felling, tree works or works to hedgerows shall take place during the optimum period for bird nesting (March to August inclusive) unless a report, undertaken by a suitably qualified person immediately prior to any clearance, has been submitted to and approved in writing by the Local Planning Authority, demonstrating that nesting / breeding birds have been shown to be absent.

           

Reason: To protect and prevent unnecessary disturbance of nesting birds in accordance with the provisions of the Wildlife and Countryside Act 1981 and section 15 of the National Planning Policy Framework .

 

16.       An electric vehicle recharging (EVCP) scheme shall be submitted for all dwellings with parking provision unless it is demonstrated that such provision of EVCP is not practical in communal parking areas or due to other identified site constraints. No dwelling shall be occupied until the electric vehicle recharging point has been provided for the dwelling to which it relates, and such electric vehicle recharging point shall be maintained and retained for that purpose thereafter.

           

Reason: To ensure the provision of appropriate on-site mitigation to compensate for the impact on air quality caused by the development in the surrounding area in accordance with Policy CDMP6 of the Wyre Local Plan (2011-31).

           

17.       Prior to the first occupation of the dwelling(s) hereby permitted a plan indicating the positions, design, materials and type of boundary treatment to be erected, shall be submitted to and approved in writing by the Local Planning Authority. The approved boundary treatment shall be completed before the use hereby permitted is first commenced, or before the dwelling(s) is first occupied. The approved details shall thereafter be maintained and retained.

           

Reason: The details are required prior to the commencement of the development because they were not submitted with the application

 

18.       The development shall be carried out strictly using those materials specified on the supporting E-mail from the applicant dated 16th April 2019 unless other minor variations are submitted to and approved in writing by the Local Planning Authority after the date of this permission and before implementation.

             

Reason: To safeguard the visual amenities of the locality and in accordance with Policy CDMP3 of the Wyre Local Plan (2011-31).

 

19.       Prior to the commencement of above ground development a scheme to demonstrate how at least 20% of the dwellings shall be of a design suitable or adaptable for older people and people with restricted mobility shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out, retained and maintained thereafter in accordance with the approved details.

           

Reason: To meet the needs of the ageing population and people with restricted mobility in the borough in accordance with Policy HP2 of the Wyre Local Plan (2011-31) and the provisions of section 5 of the NPPF.

           

20.       Notwithstanding the definition of development as set out under section 55 of the Town and Country Planning Act 1990 (as amended) and the provisions of Parts 1 and 2 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order with or without modification);

           

(a)       no fences, gates, walls or other means of enclosure shall be erected along the front or side boundaries of the curtilage of any dwellinghouse forward of the main front elevation or side elevation of that dwellinghouse; and

           

(b)       no areas of soft landscaping to the front of properties shall be removed to make provision for additional car-parking, without planning permission.

           

Reason: To safeguard the appearance of open plan development and in accordance with Policy CDMP3 of the Adopted Wyre Borough Local Plan.

 

21.       Prior to first occupation of any of the dwellings hereby approved full details of the refuse storage (including location, design and materials of construction) shall be submitted to and approved in writing by the Local Planning Authority. The refuse storage area(s) shall be provided in accordance with the approved details prior to first occupation or first use of the development and shall thereafter be maintained and retained.

           

Reason:  In the interests of the appearance of the site and locality and the residential amenity of occupants and neighbours, in accordance with Policies CDMP1 and CDMP3 of the Wyre Local Plan (2011-31). The details are required prior to the commencement of the development because they were not submitted with the application.

 

22.       The development hereby permitted shall be carried out in accordance with the approved Flood Risk Assessment (FRA) [Ref NO/2018/110742/04-L01) and the mitigation measures detailed within Section 7 of the FRA shall be fully implemented prior to first occupation of the development or subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be approved in writing by the Local Planning Authority.

           

Reason: To reduce the risk of flooding to the proposed development and future occupants in accordance with Policy CDMP2 of the Wyre Local Plan (2011-31) and the National Planning Policy Framework.

 

23.       Prior to first occupation of the dwellings hereby approved, a "lighting design strategy for biodiversity" for areas within the development to be lit shall be submitted to and approved in writing by the local planning authority. The strategy shall:

           

a)         identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and

           

b)         show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.

           

All external lighting shall be installed in accordance with the approved specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

           

Reason: To ensure compliance with the Wildlife and Countryside Act 1981 and section 11 of the National Planning Policy Framework (March 2012).

 

24.       Prior to the commencement of development a Landscape and Habitat Creation and Management Scheme, including a timetable for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The Scheme shall identify the opportunities for biodiversity enhancement on site including (but not limited to):

           

•           Native tree and shrub planting

•           Hedgerow planting

•           Bolstering of existing hedgerows

•           Bat bricks and/or tubes within the new development

•           Bird Boxes

•           Bat Boxes

•           Creation of ponds

           

The Landscape and Habitat Creation and Management Scheme shall be carried out in accordance with the approved details.

           

Reason: Such a scheme was not submitted with the application but is necessary to secure opportunities for the enhancement of the nature conservation value of the site in the interests of ecology and biodiversity in accordance with the Wildlife and Countryside Act 1981, Policy CDMP4 of the Wyre Local Plan (2011-31) and section 15 of the National Planning Policy Framework.

 

25.       Prior to the commencement of development, a scheme for the provision of home-owner information packs highlighting the sensitivity of Morecambe Bay (a European protected nature conservation site) to recreational disturbance shall be submitted to and agreed in writing by the Local Planning Authority. The scheme details shall include the content of the home-owner information packs which must explain the conservation value of Morecambe Bay, the potential impacts that can arise from residential development and explain the responsible behaviours that would be required from residents to avoid undue ecological impact, as well as a methodology for the distribution of the home-owner packs to future home owners including upon resale of the dwellings as far as is reasonably practicable. The approved information packs shall subsequently be made available to future home owners in line with the approved methodology.

           

Reason: In order to safeguard biodiversity from the recreational disturbance effects of residential development in close proximity to Morecambe Bay, in accordance with the provisions of Policy CDMP4 of the Wyre Local Plan 2011-31.

 

26.       Prior to first occupation of any dwelling hereby approved the new pedestrian footpath link (shown on Site Layout plan Rev R) connecting to Meadow Avenue to the western boundary shall be fully constructed and available for use.

           

Reason: To ensure satisfactory pedestrian access is provided and available for the occupants of the dwellings