Agenda item

17/01176/FULMAJ

 

Mr Stanley Cubbins & Mr Jonathan Cubbins.  Change of use of land to travelling show people accommodation site and erection of storage and amenity building.  Conway, Lancaster Road, Cabus, Preston, Lancashire, PR3 1NL.

 

This application was before the Planning Committee at the request of Councillor Lady Atkins. Committee Members had the benefit of a site visit before the public meeting, to enable Members to understand the proposal and its setting beyond the plans submitted and the photos taken by the Case Officer.

 

A Member of the Public and a Cabus Parish Councillor, spoke to the Committee, objecting to the application.

 

A Technical Advisor on behalf of the applicant, spoke to the Committee, supporting the application.

 

Concern was expressed regarding noise pollution if works for the service, maintenance, repair and testing of vehicles, fairground rides and equipment were to take place on Bank Holidays and Public Holidays.

 

The application was approved as per the recommendation in the report of the Head of Planning Services as updated and subject to the recommended conditions but with the addition of an additional restriction to condition 14 relating to Bank Holidays and Public Holidays as set out in full below :

 

Conditions and Reasons: -

 

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 19th December 2017 including the following plans/documents:

             

·                         Site Location Plan received 19th December 2017

·                         Proposed Redevelopment of Site plan dated 2nd March 2018 (and received 2nd March 2018) and associated Site Plan Key

·                         Proposed Repair/Storage Building received 19th December 2017

·                         Site Location Plan for Sections A-A and B-B received 30th January 2018

·                         Existing and Proposed Sections A-A and B-B received 30th January 2018

             

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. Building work shall not commence on the repair/storage building hereby approved until details of the materials to be used in the construction of the external surfaces of these buildings (including the external walls, roof, and any 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 SP14 of the Adopted Wyre Borough Local Plan (July 1999). The details are required prior to the commencement of the development because they were not submitted with the application.

 

4.           No part of the development shall be commenced until all the highway works within the adopted highway have been constructed in accordance with a scheme that shall be submitted to and approved by the Local Planning Authority in consultation with the Highway Authority as part of a section 278 agreement, under the Highways Act 1980.

             

Reason: In order to ensure that the final details of the highway scheme/works are acceptable before work commences on site and to enable all construction traffic to enter and leave the premises in a safe manner without causing a hazard to other road users.

 

5.           No part of the development hereby approved shall be occupied until the approved scheme referred to in Condition 4 has been constructed and completed in accordance with the approved scheme details, without prior agreement from the Local Planning Authority.

             

Reason: In order that the traffic generated by the new development does not exacerbate unsatisfactory highway conditions in advance of the first occupancy.

 

7.           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 and shall be further extend before any development commences fronting the new access road.

             

Reason: To ensure that satisfactory access is provided to the site before the development hereby permitted becomes operative.

 

8.           Prior to the commencement of development a Traffic Management Plan (TMA) shall be submitted to and approved in writing by the Local Planning Authority (in conjunction with the highway authority). The TMA shall include and specify the provisions to be made for the following:-

 

·                The parking of vehicles of site operatives and visitors;

·                Loading and unloading of plant and materials used in the construction of the development;

·                Storage of such plant and materials;

·                Wheel washing facilities;

·                Periods when plant and materials trips should not be made to and from the site (mainly peak hours but the developer to identify times when trips of this nature should not be made)

·                Routes to be used by vehicles carrying plant and materials to and from the site;

·                Measures to ensure that construction and delivery vehicles do not impede access to adjoining properties.

             

Reason: To protect existing road users and to maintain the operation and safety of the local highway network and to minimise the impact of the construction works on the local highway network.

 

9.           Foul and surface water shall be drained on separate systems.

             

Reason: To secure proper drainage and to manage the risk of flooding and pollution.

 

10.         Prior to the commencement of any development, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions shall be submitted to and approved in writing by the Local Planning Authority.

             

The surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards 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.

             

The development shall be completed in accordance with the approved details.

             

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution. This condition is imposed in light of policies within the NPPF and NPPG.

 

11.         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.  The potential for contamination must therefore be addressed in order to safeguard the development in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999).

             

12.         No removal of or works to any hedgerows, trees or shrubs shall take place during the main bird breeding season 1st March and 31st July inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.

             

Reason: In order to ensure that nesting birds are not unacceptably affected, in accordance with the National Planning Policy Framework.

 

13.         Notwithstanding the submitted plans, 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 species and size of any tree planting, number/ densities), existing landscaping to be retained, and shall show how account has been taken of any underground services.

             

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: The details are required to be approved prior to commencement of development to ensure landscaping is implemented at an appropriate time during the development in the interests of the visual amenity of the area in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999).

 

14. Works for the service, maintenance, repair and testing of vehicles, fairground rides and equipment shall not take place outside the times between 0800 hours and 1800 hours on Mondays to Fridays nor at any time on Bank Holidays and Public Holidays.

             

Reason:  To minimise the risk of noise pollution that may cause nuisance and harm the amenity and/or health of occupiers of nearby buildings, in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999) and the National Planning Policy Framework.

 

15. Prior to commencement of the development the following details of the proposed pond shall be submitted to and agreed in writing by the Local Planning Authority;

·           Cross-sections of the pond

·           Details of the methods to make the base impermeable if tests show the ground would not hold water

·           Planting details to show locally native non-invasive planting scheme

 

Reason: This information is required prior to commencement to avoid linking of the pond to existing watercourses and potential pollutants, and in the interests of biodiversity enhancement in accordance with the National Planning Policy Framework.

 

Notes: -

 

1.               Environment Agency Informative: Only clean surface water from roofs and paved areas should be discharged to any watercourse or surface water.  

             

Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking / servicing areas should be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Oil interceptor efficiency is enhanced by connecting any roof water in to the surface water system downstream of the interceptor. However, if the unit is sized accordingly, taking the area of roof drainage into account, then roof water may pass via the interceptor.            

 

Materials and chemicals likely to cause pollution should be stored in appropriate containers and adhere to the oil storage regulations. Any facilities, above ground, for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund.                  

 

The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.            

We advise that polluting materials and chemicals are stored in an area with sealed drainage.                

 

We recommend the applicant/agent refers to the following pollution prevention guidance which is available on the GOV.UK website at       

https://www.gov.uk/guidance/pollution-prevention-for-businesses. This guidance covers the issues referred to above.

 

2.           United Utilities Informative: According to United Utilities records there is an easement which is affected by the proposed development site which is in addition to our statutory rights for inspection, maintenance and repair. The easement dated 16/07/1959 under United Utilities Ref: F2144/F1916 and is 15 feet in width has restrictive covenants that must be adhered to. It the responsibility of the developer to obtain a copy of the document, available from United Utilities Legal Services or Land Registry and to comply with the provisions stated within the document. Under no circumstances should anything be stored, planted or erected on the easement width. Nor should anything occur that may affect the integrity of the pipe or United Utilities legal right to 24hr access. Water Comments: United Utilities water mains will need extending to serve any development on this site. The applicant, who may be required to pay a capital contribution, will need to sign an Agreement under Sections 41, 42 & 43 of the Water Industry Act 1991. The level of cover to the water mains and sewers must not be compromised either during or after construction. A separate metered supply to each unit will be required at the applicant's expense and all internal pipe work must comply with current water supply (water fittings) regulations 1999. Should this planning application be approved, the applicant should contact United Utilities on 03456 723 723 regarding connection to the water mains or public sewers.

 

General Comments: It is the applicant's responsibility to demonstrate the exact relationship between any United Utilities' assets and the proposed development. United Utilities offer a fully supported mapping service and we recommend the applicant contact their Property Searches Team on Property.Searches@uuplc.co.uk to obtain maps of the site.              

 

Due to the public sewer transfer, not all sewers are currently shown on the statutory sewer records, if a sewer is discovered during construction; please contact a Building Control Body to discuss the matter further.