Agenda item

Erection of 14 affordable dwellings

The application was brought before Members of the Planning Committee for determination due to the fact that a previous scheme at this site had been considered by the committee in April 2018. 

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

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

After careful consideration, it was proposed by Councillor D Atkins, seconded by Councillor Ingham and a decision was taken (9:0:0) that the application be approved (as per the recommendation) under the provisions of the Town and Country Planning Act 1990, subject to the conditions set out below and subject to a section 106 legal agreement.

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 08.07.2019 including the following plans/documents:

- Location Plan Drg No.GA/04627/001, received by the Local Planning Authority on 10.12.2019;

- Proposed Site Plan Drg No.BH/04307/005 Rev N, received by the Local Planning Authority on 04.02.2020;

- Proposed Site Layout Plan Drg No.BH/04307/006 Rev G, received by the Local Planning Authority on 04.02.2020;

- Elevations and Plans Plots 1 and 2 Drg No.BH/04307/025 Rev A, received by the Local Planning Authority on 10.12.2019;

- Elevations and Plans Plots 5 and 6 Drg No.BH/04307/026 Rev A, received by the Local Planning Authority on 10.12.2019;

- Elevations and Plans Plots 3,4,11,12,13 and 14 Drg No.BH/04307/027 Rev B, received by the Local Planning Authority on 04.02.2020;

- Elevations and Plans Plots 7,8,9 and 10 Drg No.BH/04307/028 Rev A, received by the Local Planning Authority on 10.12.2019;

- Tree Protection Plan Drg No.BH/04307/007 Rev H, received by the Local Planning Authority on 04.02.2020;

- Proposed Boundary Treatment Plan Drg No.BH/04307/008 Rev H, received by the Local Planning Authority on 04.02.2020;

- Proposed Landscaping Drg No.BH/04307/009 Rev D, received by the Local Planning Authority on 04.02.2020;

- Tree Removal Plan Drg No.BH/04307/010 Rev H, received by the Local Planning Authority on 04.02.2020.

- Proposed Levels Plan Drg No.BH/04307/011 Rev A, received by the Local Planning Authority on 04.02.2020.

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.         No development above ground level shall be commenced until details of the materials to be used in the construction of the external surfaces of that dwelling (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 Wyre Local Plan (2011-31).

4.         The development hereby approved shall not be first occupied or brought into use until the parking / turning areas shown on the approved Proposed Site Plan (Drg No.BH/04307/005 Rev N) has been laid out, surfaced and drained. The parking / turning areas 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).

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

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 first occupation of the dwellings hereby permitted the boundary treatment shall be completed fully in accordance with the details shown on the Proposed Boundary Treatment Plan Ref: BH/04307/008 Rev H.  The boundary treatments shall be retained in accordance with these approved details thereafter.

Reason: In the interests of the appearance of the locality and the residential amenity of occupants / neighbours in accordance with policy CDMP3 of the Wyre Local Plan (2011-31).

8.         Prior to first occupation of the development hereby approved, the noise mitigation measures set out in Chapter 5 (Conclusions - Paragraphs 5.2 and 5.3) of the supporting Acoustic Assessment [Doc No.1355-4 dated January 2020] shall be implemented in full. The approved noise mitigation measures shall thereafter be retained and maintained.

Reason: To ensure there is no adverse effect on the health and quality of life of future occupants and to avoid an unacceptable impact on residential amenity by virtue of noise in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31).

9.         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 of drainage options outlined in Policy CDMP2 of the Adopted Local Plan 2011-31 or any equivalent policy in an adopted Local Plan that replicates the existing Local Plan.

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.

10.       No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following.

a)         Risk assessment of potentially damaging construction activities

b)         Identification of "biodiversity protection zones"

c)         Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements)

d)         The location and timing of sensitive works to avoid harm to biodiversity features

e)         The times during construction when specialist ecologists need to be present on site to oversee works

f)          Responsible persons and lines of communication

g)         The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person

h)        Use of protective fences, exclusion barriers and warning signs

The approved CEMP Biodiversity shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

Reason:  To ensure the development has an acceptable environmental and biodiversity impact in accordance with Policy CDMP4 of the Wyre Local Plan (2011-31).

11.       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 .

12.       Prior to commencement of the development hereby approved, a scheme for Biodiversity Enhancement Measures shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to first occupation of the development (or in accordance with a phasing plan which shall be agreed in writing by the local planning authority prior to first occupation) and shall be retained thereafter.

Reason: To ensure that appropriate biodiversity enhancement measures are incorporated into the proposed development in accordance with the NPPF and Policy CDMP4 of the Wyre Local Plan (2011-31).

13.       The hard and soft landscaping works shall be carried out in accordance with the approved details [Proposed Landscaping Drg No.BH/04307/009 Rev D] prior to first occupation of the dwellings hereby approved 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 NPPF.

14.       The development hereby permitted shall be carried out in accordance with the mitigation measures set out in Section 6 of the approved Flood Risk Assessment (FRA) [REF P5868/16/01] received by the local planning authority on 08.01.2020.

The mitigation measures 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 NPPF.

15.       No development shall take place until proposals for the recommended site investigation or pre-emptive remediation as set out in the 'Phase I Desk Study for Land at Ormerod Street, June 2017' have been submitted to and approved in writing by the local planning authority. Should any unacceptable risks be found, details of a remedial scheme and verification plan shall be submitted to and approved in writing by the local planning authority. The remedial scheme shall be implemented as approved before development begins.  If, during the course of development, any contamination is found which has not previously been identified, additional measures to address it shall be submitted to and approved in writing by the local planning authority and the additional measures shall be carried out as approved.

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.       Prior to the commencement of development hereby approved, a scheme for the construction of the site access and the off-site works of highway improvement [namely tactile paving at the training ground access road / junction with Ormerod Street, tactile paving at Ormerod Street / Butts Road junction and tactile paving at Ormerod Street / Heys Street junction], 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.

17.       a) The ground, slab and finished floor levels shall be constructed and completed in accordance with the approved details shown on Drg No. BH/04307/011 Rev A.

b) There shall be no changes to the existing ground level on site, as shown on Drg ref: Topographical Survey 100915/TOP/3D, unless minor variations are submitted to and approved in writing by the Local Planning Authority after the date of this permission and prior to such change taking place. The ground levels 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, a satisfactory impact on neighbouring residential amenity and has a minimum risk of flooding in accordance with Policies CDMP2 and CDMP3 of the Wyre Local Plan (2011-31).

18.       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).

19.       The measures contained within the approved Arboricultural Impact Assessment and Tree Protection Plan (BH/04307/007 Rev H) with respect to those trees/ hedgerow(s) shown as being retained shall be implemented in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

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.

20.       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.

21.       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 shall describe Morecambe Bay and its features, explain the sensitivities of the features to recreational disturbance, and suggest how future residents can avoid damage to these areas e.g. by setting a code of conduct and suggesting alternative recreational sites; as well as a methodology for their distribution to future home owners. 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.