Agenda item

Erection of 3 storey building to provide approx. 932 sqm (gross) of retail floor space (Class A1) and 23 residential apartments with associated new car parking.

 

The application was brought before the Planning Committee for consideration at the request of Councillor Lady Atkins and as the Planning Committee had previously considered applications at the site.

 

A site visit took place to enable councillors 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, this information only having become available after the original agenda was published.  The committee considered the update sheet, which contained additional information and suggested that an additional condition be imposed.

 

The applicant, Eian Bailey, addressed the meeting and responded to questions from members of the committee.

 

It was proposed by Councillor Le Marinel, seconded by Councillor I Amos and a decision was taken that the application be approved (as per the recommendation but with the additional condition 27 as per the update sheet) under the provisions of the Town and Country Planning Act 1990, subject to a s106 agreement to secure financial contributions towards affordable housing, green infrastructure, local education, health care, sustainable travel and highway improvements and to secure public access to Memorial Garden, subject to the conditions set out below. The Head of Planning Services was authorised to issue the decision upon the satisfactory completion of the s106 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 08.07.2020 including the following plans/documents:

             

·                         Drawing No. KW/HSG/LP/01 - Location Plan

·                         Drawing No. KW/HSG/E/01 - Elevations

·                         Drawing No. KW/HSG/E/02 Rev C - NW and SE Elevations as Proposed

·                         Drawing No. KW/HSG/E/03 Rev C - NE and SW Elevations as Proposed

·                         Drawing No. KW/HSG/E/04 Rev C - South West True Elevation as Proposed

·                         Drawing No. KW/HSG/PD/02 - Ground Floor Demise Plan

·                         Drawing No. KW/HSG/FP/02 Rev B - First floor fire plan as proposed (showing proposed first floor layout)

·                         Drawing No. KW/HSG/PFP/02 Rev G - Proposed Second Floor and Roof Plan

·                         Drawing No. KW/HSG/SC/01 - Section A-A and B-B

·                         Drawing No. KW/HSG/SC/02 Rev B - Section C-C, D-D and E-E

 

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.           The development shall be carried out strictly using those materials specified on the approved plans (Drawing no.s KW/HSG/E/02 Rev C, KW/HSG/E/03 Rev C, and KW/HSG/E/04 Rev C) 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).

 

4.           The development hereby approved shall be carried out in accordance with the approved Flood Risk Assessment (FRA) (Ref: 880917-R1 (02)-FRA, dated June 2016) and FRA Addendum (Ref: 880917/L01/KJ, dated 1 August 2016), and the following mitigation measures detailed therein:

             

·                         Limiting the surface water run-off generated so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site.

·                         Demonstration within the FRA that the improvement/protection and maintenance of existing flood defences will be provided.

·                         Identification and provision

·                         Finished floor levels are set no lower than 18.87 metres above Ordnance Datum (mAOD).

 

The mitigation measures shall be fully implemented prior to first occupation or first use of the development or implemented subsequently in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may be agreed in writing by the Local Planning Authority.

             

Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site in accordance with Policy CDMP2 of the Adopted Wyre Local Plan 2011-31 and the provisions of the NPPF.

             

5.           Prior to the first occupation or first use of any part of the development, plans should be submitted and approved in writing by the Local Planning Authority detailing the sewer diversions and proposed connections to the existing Combined Sewer Overflow which is a critical Utilities Asset, with foul and surface water drained on separate systems.

             

Reason: To ensure a satisfactory form of development, to manage flood risk, to prevent pollution from foul and surface water in accordance with Policies CDMP2 and CDMP4 of the Adopted Wyre Borough Local Plan (2011-31) and the provisions of the NPPF.

 

6.           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 as submitted in the Scott Hughes Drainage Report (Project number 3396 dated October 2018). Thereafter the approved scheme shall be retained, managed and maintained at all times 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 Policy CDMP2 of the Wyre Local Plan and the National Planning Policy Framework.

 

7.           No part of the development hereby approved shall be first occupied or opened for trading until the site access and the off-site highway works and improvements (namely Main Site access junction on High Street including provision of dropped kerbs for pedestrians; and 2No bus stops to Quality Bus Standard on High Street) have been constructed and completed, unless an alternative timeframe for implementation is first submitted to and approved in writing by the Local Planning Authority, in which case the works shall be completed by the alternative agreed timeframe.

             

Reason: In order to ensure the timely delivery of the necessary off-site highway works in the interests of highway safety / to encourage sustainable travel in accordance with Policy CDMP6 of the Wyre Local Plan (2011-31).

 

8.           No part of the development hereby approved shall be first occupied or brought into first use until an Interim Travel Plan has been submitted to, and approved in writing by, the Local Planning Authority. The provisions of the Interim Travel Plan shall be implemented in accordance with the timetable contained therein unless otherwise agreed in writing by the Local Planning Authority.

             

Reason:  To ensure that the development provides sustainable transport options.

 

9.           The construction of the development including any demolition works shall be carried out at all times in accordance with the approved Construction Environmental Management Plan (CEMP) (Tritan Construction: Construction Management Plan).

             

Reason: 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 Policies CDMP1 and CDMP3 of the Wyre Local Plan 2011-31.

             

10.         Prior to first occupation or first use of any part of the development the written submission of additional gas monitoring results and confirmation of a historic oil spill, as set out within the submitted Geo Environmental Investigation report by Arley Consulting and Nov 18 Addendum report (Submitted March 19th 2019), is required and this shall be agreed in writing by the Local Planning Authority. Validation of the agreed remediation shall then be submitted and agreed in writing by the Local Planning Authority on completion of the works.

             

Reason: The development is for a sensitive land use. The potential for contamination must therefore be addressed in order to safeguard the development in accordance with Policy CDMP1 of the Wyre Local Plan.

             

11.         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).

 

12.         Prior to the installation of any external lighting associated with the development hereby approved (other than lighting of the site required during construction), a scheme for the provision of such external lighting together with an Artificial Lighting Assessment shall be submitted to and approved in writing by the Local Planning Authority. 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", will be oriented and screened to prevent light spillage onto the adjacent residential dwellings and adjacent river, and appropriate lighting management will be in situ to ensure no active lighting of the wider site at night-time beyond what is considered reasonably necessary. The light intrusion into the windows of any sensitive premises shall not exceed 10 Lux before 23.00, and 2 lux after 23.00 (Environmental Zone E3).The development shall operate in accordance with this approved scheme, which shall thereafter not be varied without the prior written approval of the Local Planning Authority.

             

Reason: In the interests of public safety whilst protecting the amenity of neighbouring residential properties and nearby ecology in accordance with the provisions of Policy CDMP3 of the Adopted Wyre Local Plan 2011-31 and the provisions of the NPPF.

 

13.         Prior to first occupation or first use of any part of the development hereby permitted, the building shall have been constructed or modified to provide effective sound insulation against internally generated noise from the retail use hereby permitted. The sound insulation works shall be in accordance with the maximum noise standards within BS 8233:2014 'Guidance on sound insulation and noise reduction for buildings': Living Rooms 35 dB LAeq, T where T is 16 hours (07.00 to 23.00), and bedrooms 30 dB LAeq, T where T is 8 hours (23.00 to 07.00). Additionally, the sound insulation works shall ensure that the maximum level for single sound events inside bedrooms will not exceed 45 dB LAFmax between the hours of 19.00 and 07.00.

             

Reason: In order that there is no adverse effect on the health and quality of life of the future occupiers of the proposed dwellings from the retail use, to avoid an unacceptable impact on residential amenity by virtue of noise in accordance with Policy CDMP1 of the Adopted Local Plan 2011-31, and the provisions of the NPPF.

             

14.         The residential apartments hereby permitted shall be designed so that cumulative noise (from industrial, commercial and transportation sources) does not exceed:

             

·                         35dB LAeq (16 hour) from 07.00 to 23.00 within living rooms and 30dB LAeq (8 hour) from 23.00 to 07.00 and 45dB LAFmax from 19.00 to 07.00 for single sound events within bedrooms, or any such level as approved in writing by the Local Planning Authority.

 

·                         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.

 

·                         50dB LAeq (16 hour) from 07.00 to 23.00 to outdoor living areas, or any such level as approved in writing by the Local Planning Authority.

             

Reason: In order that there is no adverse effect on the health and quality of life of the future occupiers of the proposed dwellings from cumulative noise from the existing and proposed industrial, commercial and traffic sources, to avoid an unacceptable impact on residential amenity by virtue of noise in accordance with Policy CDMP1 of the Adopted Wyre Local Plan and the provisions of the NPPF.

             

 

15.         Prior to first occupation of any of the residential units hereby approved the approved sound proofing details and mitigation set out within the approved Noise Assessment report (Agility Acoustics- Noise Assessment AA18-1081-R01v2 Jan 19) shall be installed, as well as for apartments 19-23 within the first floor of the building, unless alternative measures are first agreed in writing by the Local Planning Authority prior to implementation. The development shall be maintained and retained in accordance with the approved sound proofing details at all times thereafter.

             

Reason: In order that there is no adverse effect on the health and quality of life of the future occupiers of the proposed dwellings from the retail use, to avoid an unacceptable impact on residential amenity by virtue of noise in accordance with Policy CDMP1 of the Wyre Local Plan and the provisions of the NPPF.

 

16.         (a)     There shall be no deliveries or collections of goods (including waste) to or from the retail use hereby permitted outside the hours of 08.00 to 20.00 Monday to Saturday, nor at any time on Sundays, Bank or Public Holidays.

 

(b)         No vehicle delivering to or collecting from the retail use hereby permitted, or waiting within any part of the application site, shall operate the vehicle's engine or any mechanical refrigeration unit other than when entering or leaving the site.

 

(c)          Prior to the retail unit hereby approved being first brought into use, a scheme of signage shall be submitted to and agreed in writing by the Local Planning Authority which shall include clearly legible signs displayed at all times to notify delivery and collection vehicle drivers of the permitted hours for deliveries/collections, the need to switch off vehicle engines and refrigeration equipment, and that they are in a noise sensitive residential area. This agreed signage scheme shall be implemented prior to first use.

             

Reason: In order that there is no adverse effect on the health and quality of life of the future occupiers of the proposed dwellings or existing residents from the retail use, to avoid an unacceptable impact on residential amenity by virtue of noise in accordance with Policy CDMP1 of the Wyre Local Plan and the provisions of the NPPF.

 

17.         Waste compactors used in connection with the retail use hereby permitted shall not be operated between the hours of 20.00 and 08.00 Monday to Saturday, or at any time on Sundays and Public and Bank holidays.

             

Reason: In order that there is no adverse effect on the health and quality of life of the future occupiers of the proposed dwellings or existing residents from the retail use, to avoid an unacceptable impact on residential amenity by virtue of noise in accordance with Policy CDMP1 of the Wyre Local Plan and the provisions of the NPPF.

 

18.         The retail use hereby permitted shall not be open to customers outside the following times 08.00 to 20.00, Monday to Saturday, and 10.00 to 16.00 on Sundays and Bank and Public Holidays.

             

Reason: In order that there is no adverse effect on the health and quality of life of the future occupiers of the proposed dwellings or existing residents from the retail use, to avoid an unacceptable impact on residential amenity by virtue of noise in accordance with Policy CDMP1 of the Adopted Wyre Local Plan and the provisions of the NPPF.

 

19.         The approved hard and soft landscape works as shown on approved plans Landscape Strategy Drawing No. 090.3.01 A, Hardworks Layout Drawing No. 090.3.02 A and Softworks Layout Drawing No. 090.3.03 A, which includes the relocation of T9: Millennium Tree, and the Tobermore Landscape Plan PA652, Tobermore Product Sheet PA652, shall be carried out as approved prior to first occupation or first use of the development hereby approved or on completion of the development (whichever is the sooner) 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 7 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 in accordance with the provisions of Policies CDMP3 and CDMP4 of the Adopted Wyre Borough Local Plan (2011-31).

 

20.         During the construction works the Tree/Hedgerow Protection measures set out in the Bowland Tree Consultancy Tree Protection Scheme October 2018 shall be in place, and shall be retained for the duration of the works, and only removed once the development is complete and all machinery and works material has been removed from the site.

             

Reason: In order to adequately protect the trees to be retained on site in the interests of the appearance of the site and biodiversity in accordance with the NPPF and Policy CDMP4 of the Wyre Local Plan 2011-31.

 

21.         The development hereby approved shall be implemented in full accordance with the approved Ecological Appraisal (document titled Dusk Survey Results in Relation to Bats, produced by Tyler Ecological Consultants, dated Oct 2018) including all the mitigation measures set out in that report.

             

Reason: To ensure compliance with the Wildlife and Countryside Act 1981 and section 15 of the National Planning Policy Framework.

 

22.         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.

 

23.         The refuse store for the apartments shown on the approved plans shall be provided before the apartments hereby approved are first occupied and shall thereafter be retained. The refuse store for the retail unit shown on the approved plans shall be provided before the retail unit hereby approved is first in use and shall thereafter be retained.

             

Reason: In order to ensure that adequate provision is available for the storage of refuse in the interests of residential amenity and the appearance of the site in accordance with the provisions of paragraph 17 of the NPPF and Policies CDMP1 and CDMP3 of the Wyre Local Plan.

 

24.         Prior to first occupation of the residential development or first use of the commercial development hereby approved, a car park management plan shall be submitted to and approved in writing by the Local Planning Authority detailing the location and amount of car parking spaces to be dedicated for the residential and commercial elements of the development hereby approved and the location and amount of car parking spaces to be made available for general public use, along with details of operational measures to ensure this parking provision will be made available for such users thereafter. The approved plan / management details shall be implemented in accordance with the approved details. 

             

Reason: In order to ensure that adequate car parking provision exists on site in the interests of the appearance of the site and locality, residential amenity and highway safety in accordance with the provisions of paragraph 17 of the NPPF and Policy CDMP6 of the Adopted Wyre Local Plan.

 

25.         Prior to the first occupation of any of the residential units 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.

 

26.         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).

 

27.      Notwithstanding the submitted plans showing a fully rendered side wall from ground floor level to the top of the parapet wall on the north east elevation, full details of the external facing materials to be used on this side parapet wall shall be submitted to and approved in writing by the Local Planning Authority prior to the construction of this wall. The parapet wall shall be constructed and retained thereafter in accordance with the approved details.

 

Reason: For the avoidance of doubt and to ensure a satisfactory standard of appearance of the development in accordance with Policies CDMP3 and CDMP5 of the Adopted Wyre Local Plan 2011-31.

 

Notes

 

1.           The grant of planning permission will require the applicant to enter into an appropriate Legal Agreement with the County Council as Highway Authority. 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 should be advised to contact Lancashire County Council, in the first instance, to ascertain the details of such an agreement and the information to be provided.