Agenda item
Application A- Land East Of Hollins Lane, Forton, Preston, Lancashire (20/00505/FULMAJ)
Residential development comprising of 60 dwellings with access from Hollins Lane, open space and associated infrastructure (Pursuant to variation of conditions 2 and 16 on approved application 18/00660/FULMAJ to amend site levels).
Minutes:
The application was brought before Members of the Planning Committee for determination as the site forms an allocated site in the Wyre Local Plan and is of strategic importance. Furthermore previous applications for development on this site have also been presented to the Committee for determination.
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 indicated that since the publication of the Committee Report the applicant had submitted revised drainage plans which correctly annotated the hydrobrake / discharge rates to tally with the plans submitted to United Utilities (UU) as part of ongoing discussions with them in relation to adoption. UU had confirmed the updated plans are now in line with the plans they are considering. WBC’s Drainage Engineer had seen the revised plans and considered them acceptable. Condition 3 which lists the approved drainage plans was updated to reflect the revised plans as shown below. Two additional representations were outlined although these did not raise any new issues. Subsequent to the update sheet being published, two further representations were received before the start of the meeting which were verbally presented to the meeting.
Written statements objecting to the application from five members of the public were read out at the meeting.
Jonny Leech (Wyre Borough Councillor for Wyresdale ward) spoke objecting to the application.
Bill Fulster (Agent to the applicant) spoke in support of the application.
It was proposed by Councillor Ballard, seconded by Councillor Amos and a decision was taken that the application be approved (as per the recommendation but with the substitution of the drainage condition set out in the report with one that requires details to be submitted and approved by the council) under the provisions of the Town and Country Planning Act 1990, and accordingly subject to the conditions as set out below and subject to a deed of variation to the approved s106 agreement to carry over and secure appropriate financial contributions towards local education provision and delivery and future management and maintenance of Green Infrastructure and on site Affordable Housing. That the Head of Planning Services be authorised to issue the decision on the satisfactory completion of the s106 agreement.
Conditions
1. 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 22/06/2020 including the following plans/documents:
· Proposed site Layout Rev W
· Boundary Treatments Plan Rev G
· Boundary Treatments Rev B
· Site Location Plan
· 2b3p Bungalow 61
· 2b4p House Type 70 Rev A
· 2b4p Aspect House Type 77 Rev A
· 3b4p Aspect House Type 84
· 3b5p House Type 85 Rev A
· 3b5p Dormer Bungalow 100
· 4b6p Aspect House Type 102
· 4b6p Type E 121 Rev B
· 4b6p Type F 119 Rev D
· Materials Distribution Plan Rev E
· Section Through POS Area Rev A
· MCI.TS.95 Hollins Lane Forton Topo Survey
· Landscaping Proposal 1 of 3 Drawing Number 5896.01 Rev A
· Landscaping Proposal 2 of 3 Drawing Number 5896.02 Rev A
· Landscaping Proposal 3 of 3 Drawing Number 5896.03 Rev A
· Hollins Lane Sections to boundary Drawing Rev A
· External Works Layout Sheet 1 of 2 Ref 30325/8/1 Rev A
· External Works Layout Sheet 2 of 2 Ref 30325/8/2 REV A
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.
2. Prior to first occupation of any dwelling hereby approved 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.
3. 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;
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.
4. Prior to first occupation of any dwelling hereby approved the site access and off-site works of highway improvement [namely, upgrading two bus stops on the northbound and southbound side of the A6 near to the New Holly Hotel to quality bus stop standards and providing a 2m wide footpath fronting Hollins Lane along the site frontage] shall be provided, 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 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).
5. The visibility splays identified as that land in front of a line drawn from a point 2.4m measured along the centre line of the proposed access from the continuation of the nearer edge of the carriageway of Hollins Lane to a point measured 51m in both directions shall be provided prior to first occupation of any dwelling and shall not at any time thereafter be obstructed by any building, wall, fence, hedge, tree, shrub or other device exceeding a height not greater than 1 metre above the crown level of the adjacent highway.
Reason: To ensure the safe, efficient and convenient movement of all highway users, for the free flow of traffic, in accordance with Policy CDMP6 of the Wyre Local Plan (2011-31).
6. Each phase of the development hereby approved shall be carried out in accordance with approved estate street phasing and completion plan (Revised Site Welfare Plan (Hollins Lane / Site Welfare Plan Rev A) and submitted Cover Letter dated 4th February 2020).
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 Policy CDMP6 of the Wyre Local Plan (2011-31).
7. No dwelling hereby approved shall be first occupied or brought into use until the parking / turning area(s) which serves that particular dwelling as shown on the approved plan (Proposed site Plan Drawing Number Rev W) have been laid out, surfaced to at least base level 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. (a) 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 other development takes place within the site.
(b) No dwelling hereby approved shall be first occupied until the new estate road(s) affording access to those dwelling(s) has been constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least base course level.
(c) In the event that the new estate road is not proposed for adoption by the Local Highway Authority then details of their road construction (surface materials and depth) and highway infrastructure (footways, street lighting, drainage) shall be submitted to, and approved in writing by, the Local Planning Authority. No dwelling hereby approved shall be first occupied until the new estate road(s) affording access to that dwelling has been constructed in accordance with the approved details.
Reason: To ensure that satisfactory access is provided to the development site, that the road surfaces are visually acceptable, that the private roads are of sufficiently adequate construction to support any loading applied to them to enable effective waste management and emergency services access, and that the necessary infrastructure is provided in the interests of highway safety in accordance with Policies CDMP3 and CDMP6 of the Wyre Local Plan (2011-31).
9. The construction of the development shall be carried out strictly in accordance with the approved Construction Environmental Management Plan as set out below:
Revised Site Welfare Plan (Hollins Lane / Site Welfare Plan Rev A) and Construction Method Statement & Dust Management Plan (Version 2)
Reason: Such details 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).
10. Notwithstanding 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), the garage(s) 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 it from being used for that purpose.
Reason: To ensure that the on-site vehicle parking provision is maintained to avoid the standing of traffic on the adjoining highway to the detriment of the safety and free flow of traffic thereon and in the interest of the amenity of the street scene and in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999) and the National Planning Policy Framework.
11. a) Prior to the first occupation of any dwelling hereby approved, the proposed arrangements for future management and maintenance of the roads/ footways/ cycleways within the development shall be submitted to, and approved in writing by, the Local Planning Authority. These details shall include a plan showing areas of highway 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 highway within the estate would be privately managed, details of a Road Management Plan to detail how those sections of highway would be maintained in perpetuity, such as a private management and maintenance company to be established if applicable, shall be submitted to and approved in writing by the Local Planning Authority. The highway shall thereafter be maintained in accordance with the approved management and maintenance details or until such time as an agreement has been entered into under section 38 of the Highways Act 1980.
(c) Should the plan required by (a) show that any highway within the estate would be proposed for adoption by the Local Highway Authority, those roads/ footways/ cycleways shall be made up to, and retained thereafter to, the Local Highway Authority's Adoptable Standards.
Reason: To ensure that all highways, footways and cycleways will be maintained to a sufficient standard by either the Local Highway Authority or by a site management company in accordance with Policy CDMP6 of the Wyre Local Plan (2011-31).
12. A watching brief shall be undertaken during the course of the development works. The watching brief shall be undertaken by a suitably qualified person, who shall be responsible to notify the Local Planning Authority immediately if any significant contamination is discovered. 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).
13. The Soft landscaping works shall be carried out in accordance with the approved details [Drawing Numbers 5896.01 Rev A, 5896.02 Rev A,5896.03 Rev A) 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.
14. No development shall take place until 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 (ie driveways, paths, structures, furniture, play equipment, benches lighting etc).
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.
15. The ground, slab and finished floor levels shall be constructed and completed in accordance with the approved details (External Works Layout drawings (30325/8/1 Rev A and 30325/8/2 Rev A) and (Revised Drainage Layout Plan (Rec 7/9/2020)
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).
16. Prior to first occupation of any dwelling hereby approved, the noise mitigation measures set out in the supporting Noise Assessment submitted with the application (by Sound Advice, dated 13/01/17 (ref GAA Hollins Lane) as supplemented by the Echo Acoustics Technical Memorandum dated 20th September 2019 shall be fully implemented (namely the 1.8m high acoustic boundary fence along the eastern boundary and acoustic window glazing for those plots identified in Figure 6 of the Echo Acoustic Technical Memorandum). 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).
17. The tree protection shall be carried out in accordance with the approved details (Tree Protection Plan 4054-02 Rev B) and shall remain in place during the construction stage of development.
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.
18. 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 .
19. No dwelling hereby approved shall be first occupied until the electric vehicle recharging point has been provided for the dwelling to which it relates (as shown on the approved Car Charging Plan Rev B (Hollins Lane / Car Charging Plan) and Confirmation E-mail regarding Power output received from MCI Developments dated 29/7/2020), 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).
20. The approved boundary treatment (Boundary Treatments Rev B & Materials Layout Drawing Number 18028_02 Revision B and Boundary Treatment details Rev G and the boundary treatment sited along the western boundary shown on site section to existing boundary plan Rev A) that relate to the relevant dwellings shall be completed before those dwelling(s) are first occupied. The approved details shall thereafter be maintained and retained in accordance with the approved details.
Reason: In the interests of the appearance of the locality and the residential amenity of occupants / neighbours and in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999).
21. The development shall be carried out in accordance with the Cover Letter submitted dated 4th February 2020 highlighting how 20% of the dwellings shall be of a design suitable or adaptable for older people and people with restricted mobility. The approved measures shall be 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.
22. 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 dwelling house forward of the main front elevation or side elevation of that dwelling house; and
(b) no areas of soft landscaping to the front of properties shall be removed to make provision for additional car-parking, without express planning permission from the Local Planning Authority first being obtained.
Reason: To safeguard the appearance of open plan development and in accordance with Policy CDMP3 of the Adopted Wyre Borough Local Plan.
23. The development shall be carried out strictly using those materials specified on the approved plan (Materials Distribution Plan Rev E) 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).
24. Prior to the first occupation of Plot 39, the ground floor window(s) in the western elevation(s) of Plot 39 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).
Notes: -
1. The applicant should be aware that the decision is subject to a separate legal agreement.
Councillor Ballard left the meeting at 3.55pm.
Supporting documents:
- 2000505 - Item 1 Report, item PA.5 PDF 155 KB
- 2000505FULMAJ - Map, item PA.5 PDF 155 KB
- update sheet - item 1, item PA.5 PDF 128 KB