Agenda item

Application Number: 19/00167/FULMAJ

Land At Arthurs Lane, Hambleton, FY6 9AT.

Erection of 45 dwellings (net increase of 36 plots over and above the outline planning permission and subsequent reserved matters and 9 plot substitutions (1, 2, 44, 49, 68, 152, 153, 164 and 165)) and associated works including electricity sub-station and pumping station.

Item 5B, 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: 19/00167/FULMAJ

 

Land at Arthurs Lane, Hambleton, FY6 9AT.

Erection of 45 dwellings (net increase of 36 plots over and above the outline planning permission and subsequent reserved matters and 9 plot substitutions (1, 2, 44, 49, 68, 152, 153, 164 and 165)) and associated works including electricity sub-station and pumping station.

 

The application was brought before Members of the Planning Committee for determination at the request of Councillor Robinson and the development of the site, formed part of an allocated site in the Wyre Local Plan, and was of strategic importance.

 

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.

 

Ms Taylor, Julie Robinson (Wyre Councillor for Hambleton and Stalmine Ward) and John Shedwick (Lancashire County Councillor for Thornton and Hambleton division) spoke against the application.

 

Katie Delaney, Agent of the applicant (Wainhomes North West Ltd), 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 [INSERT] including the following plans/documents:

           

•           Drawing No. LP03 Rev B (Location Plan 3)

•           Drawing No. 0003 Rev I (Proposed Site Layout)

•           Drawing No. 2.213/P/BU/L10/300 Rev # (Bell House Type)

•           Drawing No. 2.353/P/BU/L10/300 Rev # (Torrington House Type)

•           Drawing No. 3.118SA/P/BU/L10/300 Rev # (Claydon SA House Type)

•           Drawing No. 3.217/P(EG)/BU/L10/300 Rev # (Baird House Type)

•           Drawing No. 3.317/P/BU/L10 300 Rev. # (Milton House Type)

•           Drawing No. 4.201/P/BU/L10/300 Rev A (Newton House Type)

•           Drawing No. 4.204/P/BU/L10 300 Rev A (Nightingale House Type)

•           Drawing No. 4.309/P/BU/L10/300 Rev # (Oxford House Type)

•           Drawing No. 4.342/P/BU/L10/300 Rev B (Haversham House Type)

•           Drawing No. 4.343/P/BU/L10/300 Rev B (Eton House Type)

•           Drawing No. 4.344/P/BU/L10 300 Rev A (Whitemoor House Type)

•           Drawing No. 4.404CB/P/BU/L10 300 Rev # (Wren House Type)

•           Drawing No. 4.404DACB/P/BU/L10 300 Rev # (Wren DA House Type)

•           Drawing No. 5.340/P/BU/L10/300 Rev # (Cavendish House Type)

•           Drawing No. X.XXXXX/P/B/L10 300 Rev # (Shackleton House Type)

•           Drawing No. 4.209/P/BU/L10/300 Rev C (Jenner House Type)

•           Drawing No. G/R24LH/P/B/L10 Rev - (Britten 2B4P House Type)

 

•           Drawing No. LDG/SE/1.0/B Rev A (Large Double Garage Side to Side Ridge Elevations and Plan)

•           Drawing No. LPG/SE/1.0/B Rev # (Large Paired Garage Side to Side Ridge Elevations and Plan)

•           Drawing No. LPG/SE/1.0/WD Rev # (Large Paired Garage Side to Side Ridge Section and Roof)

•           Drawing No. LDG/SE/1.2/B Rev A (Large Double Pyramid Roof Garage Elevations and Plan)

•           Drawing No. LPG/SE/1.2/B Rev # (Large Paired Garage Pyramid Roof Elevations and Plan)

•           Drawing No. LPG/SE/1.2/WD Rev # (Large Paired Garage Pyramid Roof Section and Roof)

•           Drawing No. LSG/SE/1.3/B Rev # (Large Single Garage Front to Rear Ridge)

•           Drawing No. LSG/SE/1.4/B Rev # (Large Single Garage Side to Side Ridge)

 

•           Drawing No. A0/14686/C (Pumping Station Plan)

•           Drawing No. PD-001 Proposed Paladin Fence Details (Pumping Station Fencing)

•           Drawing No. ENDSS0021H (Sub-station Plan)

           

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 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.

           

 

4.         Prior to the occupation of the first dwelling, or an alternative timescale first agreed in writing with the Local Planning Authority in consultation with the Highway Authority, a full Travel Plan shall be submitted to, and approved in writing by the Local Planning Authority in accordance with the Framework Travel Plan (WYG - A095803). The approved Travel Plan (and an associated Travel Plan Co-ordinator as specified in the approved Travel Plan) shall be implemented and operational from the point of the occupation of the first dwelling for a period of not less than five years from the date of full occupancy of the development.

           

Reason: To promote sustainable development by encouraging sustainable travel modes and reducing dependence on private motor vehicles in accordance with Policy CDMP6 of the Wyre Local Plan (2011-31) and the National Planning Policy Framework. 

 

5.         Prior to the commencement of development a scheme for the construction of the site access and the off-site works of highway improvement [namely Site access junctions with Arthurs Lane, Traffic Calming / Pedestrian Improvements on Arthurs Lane, and Pedestrian footway improvements on Church Lane] including a timetable for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The site access and off-site works of highway improvement shall be constructed and completed in accordance with the approved scheme details.

           

Reason: In order to satisfy the Local Planning Authority that the final details of the highway scheme/works are acceptable before work commences on site in accordance with Policy CDMP6 of the Wyre Local Plan (2011-31). 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.

           

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 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 construction period; complaint management and arrangements for liaison with the Council's Environmental Protection Team

           

(c)        hours and days of 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 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 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 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 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.         No development shall be commenced until an estate street phasing and completion plan has been 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.

           

Reason: - To ensure that the estate streets serving the development are completed and thereafter maintained to an acceptable standard in the interest of residential / 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 the provisions of section 9 of the NPPF and Policy CDMP6 of the Wyre Local Plan (2011-2031).

 

8.         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 from the site access up to the entrance of the site compound before any development takes place within the site and shall be further extended before any other development commences fronting the new access road. The road with all supporting infrastructure (drainage, footways, lighting and traffic calming measures) shall be completed prior to that phase of development being substantially constructed.

           

Reason: To ensure that satisfactory access is provided to support each phase of site construction hereby permitted in the interests of highway safety in accordance with the provisions of section 9 of the NPPF and Policy CDMP6 of the Wyre Local Plan (2011-31).

 

 9.        (a) No development shall be commenced until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved by the local planning authority. These details shall include a plan showing areas of road proposed for adoption by the Local Highway Authority and any areas proposed for private management. 

           

(b)       Should the plan required by (a) show that any stretches of road within the estate would be privately managed:

              

(i)         details of a Road Management Plan to detail how those sections of road would be maintained in perpetuity, and

              

(ii)        details of the surfacing of those sections of road, shall be submitted to and agreed in writing by the Local Planning Authority.

           

(c)        The streets shall thereafter be maintained in accordance with the approved management and maintenance details as set out above or until such time as an agreement has been entered into under section 38 of the Highways Act 1980.

           

Reason: In order to provide certainty as to the responsibility for the roads within the development; in the interest of highway safety; to ensure a satisfactory appearance to the highways infrastructure serving the approved development; to ensure that any areas of private road are suitable for use by refuse collection trucks; and to safeguard the visual amenities of the locality and users of the highway in accordance with the provisions of section 9 of the NPPF and Policy CDMP6 of the Adopted Wyre Local Plan (1999).

 

10.       Prior to any of the dwellings hereby approved being first occupied the parking / turning area(s) shown on the approved plan Drawing No. 0003 Rev I (Proposed Site Layout) 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: In order to ensure that adequate off-street car parking provision is available to meet the needs of the development in the interests of visual and residential amenity and highway safety in accordance with the provisions of section 9 of the NPPF and Policy CDMP6 of the Adopted Wyre Local Plan (2011-31).

 

11.       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 Schedule 2, Part 1 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), all integral or detached garages to plots 44, 165, 167, 168, 169 and 170 as shown on submitted plan 0003 Rev I (Proposed Site Layout) hereby approved shall be retained solely for the housing of a private motor vehicle, and at no time shall any works be undertaken that would prevent any of them from being used for that purpose.

           

Reason: Without the retention of garages these particular plots would be left with insufficient parking as there would only be two off-street parking spaces for the five bedroom Cavendish House Type on plot 167, only one off-street parking space for the three bedroom Milton house type proposed on Plot 170, and only one off-street parking space for the three bedroom Shackleton House Type. Therefore this condition is imposed to ensure that sufficient off-street vehicle parking provision is available to meet the needs of the development in the interests of residential amenity and highway safety in accordance with the provisions of section 9 of the NPPF and Policy CDMP6 of the Adopted Wyre Borough Local Plan 2011-31.

           

12.       The development hereby permitted shall not commence until a programme of archaeological trial trench excavation and recording has been submitted to and agreed in writing by the Local Planning Authority. The results of this recording shall be undertaken to the standards of the Institute of Field Archaeologists and the results shall be published and made publicly available via the Lancashire Historic Environment Record. The development shall then proceed in full accordance with this agreed programme.

           

Reason: To safeguard and record a site of known archaeological interest in accordance with Policy CDMP5 of the Wyre Local Plan 2011-31.

 

13.       Prior to the commencement of development a drainage scheme, which shall detail measures for the attenuation and the disposal of foul and surface waters (including details of revised on-site attenuation), 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 of drainage options outlined in the National Planning Practice Guidance and the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015), or any subsequent replacement national guidance / standards.

           

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;

           

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.

 

14.       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.

 

15.       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).

           

 

16.       The applicant shall undertake a watching brief during the course of the development works. The watching brief shall be undertaken by a suitably qualified person, with any significant contamination discovered, reported immediately to the Local Planning Authority. The findings of the watching brief shall be reported in writing and submitted to the Local Planning Authority for approval, prior to first occupation of the development.

           

Reason: In order to safeguard the environment and human health against potential land contamination in accordance with the provisions of the NPPF and Policy CDMP1 of the Wyre Local Plan 2011-31.

 

17.       No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority. These details shall include, areas of soft landscaping (including any retained trees, hedgerows and other planting and any replanted or transplanted hedgerows), hard surfaced areas and materials, planting plans specifications and schedules (including plant size, species and number/ densities), existing landscaping to be retained, and shall show how account has been taken of any underground services. These details will be expected to include an area of soft landscaping around the pumping station and substation in order to provide appropriate screening.

           

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.

           

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.

           

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. The details of the layout have been amended during the course of the application, and the submitted landscaping plans do not reflect these amendments, therefore details are required to be approved prior to commencement of development to ensure landscaping is implemented at an appropriate time during the development.

 

18.       A Green Infrastructure Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all areas of open space, (inclusive of ponds, detention basins, hedgerows and grassland) other than privately owned domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development or any phase of the development whichever is the sooner for its permitted use.  The Management Plan shall be implemented in accordance with the approved details during the lifetime of the development.

           

Reason:  To ensure the long term management and maintenance of open space within the site in the interests of visual amenity and the health and wellbeing of occupants in accordance with Policies SP8 and HP9 of the Wyre Local Plan (2011-31).

 

19.       No development approved by this permission shall be commenced until details of the existing and proposed ground, slab and finished floor levels have been submitted to and approved in writing by the Local Planning Authority.  The development shall be constructed and completed in accordance with the approved details.

           

Reason: To ensure that the development has a satisfactory visual impact on the streetscene, has a satisfactory impact upon residential amenity and the land levels can be adequately considered against the drainage proposal required by the condition of the outline application, in accordance with Policy CDMP3 of the Wyre Borough Local Plan (2011-31). 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.

 

20.       Building work shall not commence on any building, until precise details of the materials to be used in the construction of the external surfaces (including the external walls, roof, and windows) have first been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out using the approved materials.

           

Reason: To safeguard the visual amenities of the locality and in accordance with Policy CDMP3 of the Adopted Wyre Local Plan 2011-31. The details are required prior to the commencement of the development because they were not submitted with the application.

 

21.       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);

           

(i)         no works shall take place that would preclude the use of the driveways hereby approved for the parking of cars; and

           

(ii)        no hard boundary treatments (fences, walls, pillars, gates, or railings) shall be erected forward of a property elevation facing a road.

           

Reason: To ensure that the Local Planning Authority has control over any future development in order to ensure the estate retains its open plan character in the interests of residential and visual amenity in accordance with the provisions of section 9 of the NPPF and Policies CDMP3 and CDMP6 of the Wyre Local Plan (2011-31).

 

22.       All the dwellings shall be provided with an electric vehicle recharging point and 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 Policies CDMP3 and CDMP6 of the Wyre Local Plan 2011-31 and the National Planning Policy Framework.

           

 

23.       Prior to any of the dwellings hereby approved being first occupied, details of the appearance of any refuse storage facilities associated with that dwelling shall be submitted to and agreed in writing by the Local Planning Authority. The development shall then proceed in full accordance with these approved details. The refuse storage provision agreed through this condition shall be provided before the associated dwelling(s) are first occupied and shall thereafter be retained.

           

Reason: In order to ensure that waste is properly managed within the site in the interests of visual and residential amenity in accordance with the provisions of section 9 of the NPPF and Policy CDMP3 of the Wyre Local Plan (2011-31).

 

24.       Prior to the commencement of development, a scheme for the provision of home-owner information packs and information/interpretation boards/signage on and off-site shall be submitted to and agreed in writing by the Local Planning Authority and the development than then proceed in full accordance with these agreed details. For the purpose of this condition the information submitted shall include the following:

           

•           the content of the home-owner information packs which must explain the conservation value of the nearby designated areas, 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;

•           a methodology for the distribution of the home-owner packs including upon resale to the extent to which that is practicable;

•           a plan showing the locations of information/interpretation boards/signage

•           a mechanism for the installation of information/interpretation boards/signage in off-site locations

•           details of the information to be included in the information/interpretation boards/signage

•           a timetable for implementation.

           

Reason: In order to safeguard biodiversity in accordance with Policy CDMP4 and SA1/10 of the Adopted Wyre Local Plan 2011-31, and the provisions of the NPPF.