Erection of 16 apartments in a three storey block including access and car parking.
The application was brought to the meeting for determination at the request of Councillor Henderson and due to the fact that applications for development on the site had been previously determined by the Planning Committee.
The site was familiar to all as the site location was adjacent to the Wyre Council Civic Centre. Prior to the meeting, site photographs were also distributed to further assist with the understanding of the proposal and its impact.
An update sheet with additional information was published on the council’s website and made available at the meeting, this information had only become available after the original agenda was published. The attendees considered the update sheet, which included amendments to consultation responses and conditions.
Councillors Ballard and Moon considered the application and discussed their views with the officers. They also took on board the views shared to them, prior to the meeting, by Councillors Le Marinel, I Amos and R Amos.
The Chief Executive confirmed he had considered the all of the points raised and subsequently he decided that the application be approved (as per the recommendation) under the provisions of the Town and Country Planning Act 1990, subject to the conditions as set out below.
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 23/12/2019 including the following plans/documents:
· Site Location Plan
· Proposed Site Plan (Revised) Drawing Number SP-0001 P1
· Planting Plan Drawing Number 199.4.02
· Landscaping Proposals Details Drawing Number 199.3.01
· Hardworks Plan Drawing Number 199.4.03
· Ground Floor and Site Plan Drawing Number GA-0001 P1
· First and Second Floor Plan Drawing Number GA-0002 P1
· Roof plan Drawing Number GA-0004 P1
· Sections Plan Drawing Number SC-0001 PL
· Proposed North and Southern Elevations Drawing Number EL-0001 Rev P2 (Revised)
· Proposed East and Western Elevations Drawing Number EL-0002 Rev P2 (Revised)
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 (including samples as appropriate) to be used in the construction of the external surfaces of the building (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. A watching brief shall be undertaken 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 and approved in writing by the Local Planning Authority prior to first occupation of the development.
Reason: In order to safeguard human health and the environment against potential contamination and in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31).
5. No development above ground level shall be commenced until full soft landscaping specifications and schedules (including plant size, species and number/ densities) (in accordance with Drawing Number 199.3.01) have been submitted and agreed in writing by the Local Planning Authority.
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)
6. The hard landscaping works shall be carried out in accordance with the approved details (Drawing Number 199.4.03) 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 in accordance with Policies CDMP3 and CDMP4 of the Wyre Local Plan (2011-31)
7. The development hereby approved shall not be first occupied or brought into use until the parking / turning area(s) and Cycle Store shown on the approved plans (Site Plan Drawing Number SP-0001 P1 and Ground Floor and Site plan Drawing Number GA-0001 P1) 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).
8. 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).
9. Prior to first occupation of any dwelling hereby approved, the site access and off-site works of highway improvement [namely, the reinstating and provision of a 2m wide footway across the site frontages of Breck Road and Station Road] shall be carried out, unless an alternative timetable for implementation is submitted to and approved in writing by the Local Planning Authority. The off-site highway works shall be carried out in accordance with any alternative approved timetable for implementation.
Reason: In order to ensure the timely delivery of the necessary off-site highway works in the interests of highway safety / to encourage sustainable traveling accordance with Policy CDMP6 of the Wyre Local Plan (2011-31).
10. 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 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.
11. 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.
12. Prior to the first occupation or use of the development hereby approved, the 7 first floor windows on the western elevation (Serving the hallway) shall be:
i) obscure glazed at a scale of 5 (where 1 is hardly obscured and 5 is totally obscured), and
ii) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.
The window(s) (including any subsequent repaired or replacement window) shall be maintained and retained thereafter in accordance with this detail.
Reason: To safeguard the privacy of adjoining residents and in accordance with Policy CDMP3 of the Wyre Local Plan (2011-31).
13. 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).
14. The development hereby permitted shall be designed so that the level of noise emitted from the site does not exceed the following levels as assessed in accordance with British Standard 8233 (2014) and WHO guidelines (or any subsequent replacement national standards / guidance) when measured at nearby noise-sensitive premises:
· LAeq 35 dB 16 hours - indoors, daytime (07.00-23.00)
· LAeq 30 dB 8 hours - indoors, night-time (23.00-07.00)
· LAFmax 45 dB 8 hours - indoors night-time (23.00-07.00)
· LAFmax 45 dB 4 hours - indoors evening (19.00-23.00)*
*The evening standard LAFmax will only apply were the evening LAFmax significantly exceeds the LAeq and the maximum levels reached are regular in occurrence, for example several times per hour.
Alternative levels and monitoring locations may be used subject to the prior written approval of the Local Planning Authority.
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 CDMP1 of the Wyre Local Plan (2011-31).
15. Prior to the installation of any external lighting associated with the development hereby approved, a scheme for the provision of external lighting together with an Artificial Lighting Assessment shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall demonstrate that light intrusion into the windows of any sensitive premises will not exceed 10 Lux before 23.00, and 2 lux after 23.00 (Environmental Zone E3). The assessment shall demonstrate that the lighting will be installed in accordance with the Institution of Lighting Professionals' Guidance Notes for the Reduction of Obtrusive Light GN01:2011 (or any subsequent replacement guidance).
The lighting shall be installed and operated in accordance with the approved scheme details, which shall be maintained and retained thereafter.
Reason: To safeguard residential amenity and in the interests of public safety in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31).
16. The existing access into the development site shall be physically and permanently closed and the existing verge/footway and kerbing of the vehicular crossing shall be reinstated in accordance with the Lancashire County Specification for Construction of Estate Roads prior to the first occupation of any part of the development hereby approved.
Reason: To limit the number of access points and to maintain the proper construction of the highway in accordance with Policy CDMP6 of the Wyre Local Plan (2011-31).
1. Due to the proximity of the site to a Major Accident Hazard Pipeline and a Low Pressure Gas main, the applicant/developer is advised to contact National Grids Plant Protection Team on 0800 688 588 or e-mail address email@example.com prior to any development commencing including demolition works.
2. The applicant is advised that the new site access, and off site highway works will need to be constructed under a section 278 agreement of the 1980 Highways Act. The Highway Authority hereby reserves the right to provide the highway works within the highway associated with this proposal. Provision of the highway works includes design, procurement of the work by contract and supervision of the works. The applicant is advised to contact LCC Highways before works begin on site.