Agenda item

Application D- Land At Bourne Road, Thornton Cleveleys, FY5 4QA (20/00405/LMAJ)

Erection of 210 residential dwellings with vehicular access from Bourne Road and associated public open space and infrastructure.

Minutes:

The application was brought before the Planning Committee for consideration at the request of Councillor Emma Ellison.

 

Due to the current COVID-19 Government restrictions, a site visit did not take place on this occasion. Nonetheless, site photos and plans were displayed by the Development Manager to provide sufficient information to Members of the site and its surroundings to enable them to make an informed decision.

 

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 included additional neighbour representations.

 

Andrea Kay, County Councillor for Cleveleys East, spoke against the application.

 

The agent, Philip Rothwell, addressed the Committee in support of the application.

 

After discussion it was proposed by Councillor Moon, seconded by Councillor Ballard, and a decision was taken that the application be approved, as per the recommendation, under the provisions of the Town and County Planning Act 1990, subject to the application not being called in for consideration by the Secretary of State and subject to conditions (set out below) and a S106 legal agreement to secure on-site affordable housing (10%) and green infrastructure and financial contributions towards off-site green infrastructure, travel plan support, health care and contamination monitoring. That the Head of Planning Services be authorised to issue the decision following confirmation from the HSE or Secretary of State that the application is not to be called in for his determination and on 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 15.05.2020 including the following plans/documents:

           

           P01 - Bourne Road - Proposed Site Layout - Rev G

           P02 - Bourne Road - Boundary Treatments Plan - Rev E

           P03 - Bourne Road - Boundary Treatments Rev A

           P04 - Bourne Road - Materials Distribution Plan - Rev C

           P05 - Bourne Road - Car Charging Plan - Rev D

           P08 - Bourne Road - Site Location Plan

           P10 - 2b4p House type 68

           P11 - 2b4p 68 Terr 3

           P12 - 2b4p 68 Terr 4

           P13 - 3b5p 82

           P14 - 3b4p 82 2b4p 68

           P15 - 3b5p 82 3b4p Asp 80

           P16 - 3b4&5p 80-82 Terr 3

           P17 - 4b6p 95

           P18 - 1b2p Bungalow 50

           P19 - 2b3p Bungalow 60

           P20 - 1b2p Apartments

           P21 - Bourne Road - Street Scenes - Rev A

           P22 - Bin & Cycle Stores

           P24 - Bourne Road - 3b4p 80 Aspect House Type

           P25 - Bourne Road - 3b5p 82 Detached House Type

           P27 - Bourne Road - Tree Retention Plan

           P28 - Bourne Road - 10% Affordable Housing Plan

           P29 - Bourne Road - Site Section

           P31 - Bourne Road - GI Layout - Rev A

           P32 - Bourne Road - Tree Retention Plan

           BOURNERD-CULVERTPLAN

           30431_200A_Autotrack Analysis Refuse Vehicle

           BOURNE ROAD - P36 - Proposed Substation plan

 

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 plan(s) (Materials Distribution Plan ref Bourne Road - PO4 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 (2011-3

 

4.         The ground, slab and finished floor levels shall be constructed and completed in accordance with the approved details (as shown on plan drawings Proposed Development and Drainage Layout ref 30431/100 Rev B and Bourne Road Site Section Plan ref Bourne Road - P29 Rev A) 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 ensure that the development has a satisfactory visual impact on the street scene, a satisfactory impact on neighbouring residential amenity in accordance with Policies CDMP2 and CDMP3 of the Wyre Local Plan (2011-31). 

 

5.         The approved boundary treatments (approved plans "Boundary Treatment Plan ref Bourne Road - PO2 REV E" and "Bourne Road P03 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 in accordance with policy CDMP3 of the Wyre Local Plan (2011-31).

 

6.         The landscaping works and ecological enhancements shall be carried out in accordance with the approved details [ref: Landscape Structure Plan Drawing Number 6293.03] prior to first occupation of any dwelling 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 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 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.

 

7.         (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, and 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).

 

8.         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.

 

9.         Prior to first occupation, a scheme for the provision of home-owner information packs (as outlined in the Habitats Regulations Assessment completed for this application) 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 must explain the conservation value of Morecambe Bay, the potential impacts that can arise from residential development and explain the responsible behaviours in the vicinity of the housing development along with what would be required from residents to avoid undue ecological impact, as well as a methodology for the distribution of the home-owner packs to future home owners including upon resale of the dwellings as far as is reasonably practicable. 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.

           

10.      The development hereby approved shall be implemented in full accordance with section 4.3 of the EUS Reptile Presence/Absence Survey July 2020 submitted with the planning application including the strategy put forwards for mitigating for potential harm to lizards and compensating for habitat losses.

           

Reason: To ensure compliance with the Wildlife and Countryside Act 1981, Policy CDMP4 of the Wyre Local Plan (2011-31) and section 15 of the National Planning Policy Framework.

 

11.      Prior to the installation of any external lighting within the development a scheme for the provision of external lighting together with an Artificial Lighting Assessment shall be submitted to and agreed in writing by the Local Planning Authority. The scheme shall demonstrate that artificial lighting will be designed so that it is not intrusive to visual amenity or illuminate potential habitat for bats (e.g. hedgerow, trees) and or/ bird breeding places. 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 and the Bat Conservation Trust and Institution of Lighting Engineers guidance Bats and Lighting in the UK, 2009 (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: In order to safeguard visual amenity and biodiversity and residential amenity and in the interests of public safety in accordance with Policies CDMP1, 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.

 

12.      No development above ground level shall be commenced until full details of the construction (to include elevation details, cross-sections and landscape scheme) of the acoustic/wildlife enhancement bund along the eastern boundary of the site has been submitted to and approved in writing by the Local Planning Authority. The details shall include how the adjacent Biological Heritage Site will be protected during its construction and how any protective measures that are required shall be fully installed and retained / maintained at all times thereafter. The bund shall then be provided in accordance with the approved details prior to first occupation of any dwelling unless an alternative timeframe is first submitted to and approved in writing by the Local Planning Authority, in which case the bund shall then be provided in accordance with the agreed timeframe.

           

Reason:  To ensure the bund is satisfactorily constructed and landscaped in a timely manner in the interests of visual amenity and ecology and residential amenity (noise mitigation) in accordance with Policies CDMP3 and CDMP4 of the Wyre Local Plan (2011-31)

 

13.      The measures contained within the approved Arboricultural Impact Assessment, Method Statement and Tree Protection Plan (P32 - Bourne Road - Tree Retention Plan and P27 - Bourne Road - Tree Retention Plan)  with respect to those trees 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.

 

14.      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 and the adjacent Biological heritage Site (BHS) against spillage incidents, pollution and sediments during the construction phase.

           

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).

 

15.      The visibility splays shown along Bourne Road on approved plan reference Bourne Road- P01 Rev G shall be provided prior to first occupation of any dwelling hereby approved 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).

 

16.      a) Prior to the first occupation of any dwelling, 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).

           

17.  No dwelling hereby approved shall be first occupied unless and until the site access and off-site works of highway improvement [namely, provision of a 2m wide footpath on the northern side of Bourne Road along the entire site frontage and provision of two new bus shelters on Fleetwood Road North at the existing bus stops near "The Iron Horse" public house] have been 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 travel in accordance with Policy CDMP6 of the Wyre Local Plan (2011-31).

 

18.      Prior to the commencement of development save site soil strip and site preparation, 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.

 

19.      Prior to the commencement of development save site soil strip and site preparation 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.

 

20.      The scheme of noise insulation measures set out in the supporting Noise Assessment submitted with the application [report by Echo Acoustics dated 21st October 2020] shall be implemented for those plots identified on Figures 9 and 10 as requiring solid fencing or up rated glazing prior to first occupation of the respective dwellings. The approved noise insulation measures shall thereafter be retained.

           

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).

 

21.      No dwelling shall be occupied until the electric vehicle recharging points (as set out on approved plan P05 - Bourne Road - Car Charging Plan - Rev D ) 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).

                       

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, or along the side or rear boundaries of the curtilage of any dwelling beyond the rear elevation where that elevation directly faces a highway; 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.

           

Reason: To safeguard the appearance of open plan development and junction highway visibility in accordance with Policies CDMP3 and CDMP6 of the Adopted Wyre Borough Local Plan.

 

23.      Notwithstanding the provisions 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 dwelling(s) shall not be altered or extended, nor shall any building, structure or enclosure be erected within the curtilage of the dwelling(s) without planning permission.

           

Reason: To ensure that the Local Planning Authority have control over any future development of the dwelling(s) in the interests of preserving the character and amenity of the area, the residential amenity of occupants / neighbours and to ensure that appropriate remediation is incorporated as required in light of the historical use of the site in accordance with Policies CDMP1 and CDMP3 of the Wyre Local Plan (2011-31).

 

24.      The development hereby approved shall be carried out in full accordance with the supporting adaptable dwellings statement (dated 7/12/20) and the 51 house types 2B4P(68) shall be retained and maintained at all times thereafter as adaptable for older people and people with restricted mobility.

           

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.

           

25.      a) Prior to the commencement of development, further investigation and risk assessment of the development site shall be undertaken in accordance with the proposals detailed in the submitted Remediation Strategy - Reference 345.05.20.RS (dated 21st April 2020), and the subsequent RPS Consultation Response - Reference JER8741 (dated 3rd July 2020), allowing for a revised Remediation Scheme to be submitted by the applicant, and approved in writing by the Local Planning Authority. The Remediation Scheme shall include all works to be undertaken; proposed remediation objectives and remediation criteria; a timetable of works; site management procedures; and, detail of any necessary long term maintenance and monitoring programme.  The Scheme must ensure that the site will not qualify as 'contaminated land' under Part2A of the Environmental Protection Act 1990, or any subsequent version, in relation to the intended use of the land after remediation.   Any changes to the agreed Scheme shall require the express consent of the Local Planning Authority.

           

b)        Prior to the first occupation of any dwelling, all work as identified in a) above, shall be undertaken and completed in strict accordance with the approved Remediation Scheme, and a Validation Report submitted by the applicant, and approved in writing by the Local Planning Authority, confirming strict compliance with all aspects of the agreed remediation scheme.  Where relevant the Validation Report shall also include a long term monitoring and maintenance plan, which shall be implemented as approved, with all monitoring reported to the Local Planning Authority at agreed intervals.  Any changes to the agreed plan shall require the express consent of the Local Planning Authority.

           

Should any significant unexpected contamination not previously identified, be discovered during the works detailed above in a) and b), all works should cease, and the Local Planning Authority should be immediately informed in writing.  If unacceptable risks are identified, a remedial options appraisal and revised Remediation Scheme shall be submitted by the applicant and agreed in writing by the Local Planning Authority.

           

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).

 

26.      The development hereby permitted shall be carried out in accordance with the approved Flood Risk Assessment (FRA) dated April 2020 (ref. 30431/SRG and addendum letter (ref: 30431/SRG; dated 1 December 2020), prepared by Ironside Farrar Limited and the following mitigation measures detailed within the FRA:

           

           Finished floor levels shall be set no lower than 6.6 metres above Ordnance Datum (mAOD), as stated in the addendum letter (ref:30431/SRG; dated 1 December 2020).

           Implementation of all flood resilience measures, as stated on page 13 of the FRA and in the addendum letter.

           

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 National Planning Policy Framework.

 

27.      No development above ground level shall be commenced until a phasing programme for the whole of the application site to include the approved dwellings, green infrastructure, emergency access / pedestrian link to Bourne Road and pedestrian link on the northern site boundary (as shown on Plan Bourne Road P01 Rev G) has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved phasing programme unless an alternative programme has otherwise been submitted to and approved in writing by the Local Planning Authority. The pedestrian links shall be constructed up to the site boundary and shall thereafter be maintained and remain open and unobstructed at all times.

           

Reason: To define the permission and in the interests of the proper development of the site, to ensure the timely delivery of supporting infrastructure and to ensure the development provides appropriate connections and sustainable linkages to neighbouring development and the wider highway network in accordance with policies SP7, CDMP3, EP1 and SA3/4 of the Wyre Local Plan (2011-31)

 

28.      Prior to the first occupation of any of the dwellings hereby approved, a full Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The approved Travel Plan (and an associated Travel Plan Co-ordinator as specified in the approved Travel Plan) shall be implemented and operational from the point of the first occupation of any of the dwellings hereby approved for a period of not less than five years from the date of full occupancy of the development.

           

Reason: To promote sustainable development by encouraging sustainable travel modes and reducing dependence on private motor vehicles in accordance with Policy CDMP6 of the Wyre Local Plan (2011-31) and the National Planning Policy Framework.

 

29.      Prior to the first occupation of any of the apartments the cycle and bin stores (as shown on Plan Drawing Number Bourne Road - P01 Rev G and P22 - Bin & Cycle Stores) shall be fully constructed for the apartments to which they relate and shall thereafter be retained and maintained at all times.

           

Reason:  In the interests of the appearance of the site and locality, in accordance with policy CDMP3 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.

 

30.      No dwelling hereby approved shall be first occupied until the parking / turning area(s) shown on the approved plan (Bourne Road P01 - Rev G) as relating to that dwelling has been laid out, surfaced and drained. The parking / turning area(s) shall thereafter be retained and maintained and not used for any purpose other than for the parking and manoeuvring of vehicles without express planning consent from the local planning authority first being obtained.

           

Reason: To ensure that adequate off road parking is provided and retained 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).

 

Notes: -

 

1.         The applicant should be aware that the decision is subject to a separate legal agreement.

 

2.         Prior to the commencement of development, a risk assessment and method statement (RAMS) in respect of all works to be undertaken within 10m of the adjacent railway shall be submitted to and agreed in writing with Network Rail to ensure that works on site follow safe methods of working and have taken into consideration any potential impact on Network Rail land and the operational railway. Network Rail Asset Protection should be contacted by email at AssetProtectionLNWNorth@networkrail.co.uk to discuss the RAMS requirements in more detail.                        

 

A Party Wall notification (under the Party Wall Act of 1996) should be submitted to Network Rail's Asset Protection team for any works 3 metres or less from the Network Rail boundary (not the railway tracks) and structures. Embankments and cuttings are considered structures by Network Rail. Plans and sections showing the location and depth of the proposed excavations and foundations and the location of the proposed third party building or structure should be included with the notice.

 

3.         This grant of planning permission will require an appropriate legal agreement to be entered into with Lancashire County Council as the Local Highway Authority. The Highway Authority 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. Before any works begin Lancashire County Council should be contacted to ascertain the details of such an agreement and the information to be provided by telephoning 0300 123 6780 or writing to Lancashire Highways Services, Cuerden Way, Bamber Bridge, Preston, PR5 6BS quoting the planning application number.

 

4.         Considerations in relation to gas pipeline/s identified on site:

 

Cadent have identified operational gas apparatus within the application site boundary. This may include a legal interest (easements or wayleaves) in the land which restricts activity in proximity to cadent assets in private land. The Applicant must ensure that proposed works do not infringe on Cadent's legal rights and any details of such restrictions should be obtained from the landowner in the first instance.                 

 

If buildings or structures are proposed directly above the gas apparatus then development should only take place following a diversion of this apparatus. The Applicant should contact Cadent's Plant Protection Team at the earliest opportunity to discuss proposed diversions of apparatus to avoid any unnecessary delays.   

 

If any construction traffic is likely to cross a Cadent pipeline then the Applicant must contact Cadent's Plant Protection Team to see if any protection measures are required.              

 

All developers are required to contact Cadent's Plant Protection Team for approval before carrying out any works on site and ensuring requirements are adhered to Email: plantprotection@cadentgas.com Tel: 0800 688 588

 

 

 

 

 

 

Supporting documents: