Agenda item

Hybrid planning application seeking detailed planning permission for the development of 202 dwellings including associated access, highway works, open space provision and landscaping and outline planning permission for the development of a two form entry primary school (all matters reserved).

 

The application was before the Planning Committee for consideration as the application site falls primarily within an allocated site in the Wyre Local Plan and is of strategic importance. The application has also been requested to come before the Planning Committee at the request of Councillor Michael Vincent and Councillor McKay.

 

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 for this application with some additional information and amendments 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 extra information about landowner representation, an amended recommendation and received additional documents which included amended layout plans.

 

Alf Clempson, the Lancashire County Councillor for Poulton-Le-Fylde spoke in disagreement to the application.

 

Councillor Mckay, Wyre Borough Councillor for Tithebarn, spoke as the Ward Councillor for this application.

 

The applicant, Siobhan Sweeney, addressed the meeting and spoke in support of the application.

 

Following discussions, it was proposed by Councillor Moon, seconded by Councillor Ballard and a decision took place to approved the application (as per the recommendation as set out on the update sheet), under the provisions of the Town and County Planning Act 1990, subject to the following conditions and a S106 legal agreement to secure on-site affordable housing (30%) and green infrastructure and financial contributions towards the Poulton Mitigation Strategy, travel plan support, health care and Education. That the Head of Planning Services be authorised to issue the decision following the expiry of the date of the notice being served on the relevant landowner and where no representation or new material planning issue is received, 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 17/06/2019 including the following plans/documents:

           

•           Site Location Plan (BRP-LP Rev C)

•           General Arrangement Layout (Planning NTS) (40039.03.01FS Revision P)

•           General Arrangement Plan (40039.03.01 Rev Z)

•           Boundary Treatments Plan (40039.03.03 Rev M)

•           Standard Boundary Details Plan (40039.03.03 Rev A)

•           Elevational Treatments Plan (40039.03.02 Revision M)

•           Hard Surfaces Plan (40039.03.04 Rev N)

•           Refuse Collection Layout (40039.03.12 Rev G)

•           Land Disposal Plan (40039.03.12 Rev H)

•           Landscaping Full Site with LEAP Plan (5974.06 Rev I)

•           Landscaping Full Site Plan at 1.200 (Drawing number 5974.07 Rev H)

•           Landscaping Proposals Sheet 1 of 5 (Drawing number 5974.01 Rev I)

•           Landscaping Proposals Sheet 2 of 5 (Drawing number 5974.02 Rev I)

•           Landscaping Proposals Sheet 3 of 5 (Drawing number 5974.03 Rev I)

•           Landscaping Proposals Sheet 4 of 5 (Drawing number 5974.04 Rev I)

•           Landscaping Proposals Sheet 5 of 5 (Drawing number 5974.05 Rev I)

 

House types

           

Butterworth floor and elevations plan

           

•           Butterworth Layout 1 - BWH-PLP1

•           Butterworth Elevation 1/1 - BWH-PLE1/1

•           Butterworth Elevation 1/2 - BWH-PLE1/2

 

Bailey floor and elevations plan

           

•           Bailey Layout 1 - BAY-PLP1

•           Bailey Elevation 1/1 - BAY-PLE1/1 Rev A

•           Bailey Elevation ½ - BAY-PLE1/2 Rev A

 

Charlton floor and elevations plan

           

•           Charlton Layout 1 - CRN-PLP1

•           Charlton Elevation 1/1 - CRN-PLE1/1

•           Charlton Elevation 2 - CRN-PLE1/2

•           Charlton Elevation 3 - CRN-PLE1/3

 

Emmerson floor and elevations plan

 

•           Emmerson Layout 1 - EMN-PLP1

•           Emmerson Elevation 1/1- EMN-PLE1/1

•           Emmerson Elevation 1/2 EMN-PLE1/2

           

Fraser floor and elevations plan

           

•           Fraser Layout 1 - FRR-PLP1 Rev A

•           Fraser Elevation 1/1 - FRR-PLE1/1 Rev B

•           Fraser Elevation 1/2 - FRR-PLE1/2 Rev B

           

Harper floor and elevations plan

           

•           Harper Layout 1 - HPR-PLP1 Rev A

•           Harper Elevation - 1/1 HPR-PLE1/1 Rev B

•           Harper Elevation - 1/2 HPR-PLE1/2 Rev B

 

Harrison floor and elevations plan

 

•           Harrison Layout 1 - HRN-PLP1

•           Harrison Elevation 1/1 - HRN-PLE1/1

•           Harrison Elevation 1/2 - HRN-PLE1/2

•           Harrison Elevation 1/3 - HRN-PLE1/3

 

Hewson floor and elevations plan

           

•           Hewson Layout 1 - HWN-PLP1

•           Hewson Elevation - 1/1 HWN-PLE1/1

•           Hewson Elevation - 1/2 HWN-PLE1/2

•           Hewson Elevation - 1/3 HWN-PLE1/3

 

Jefferson floor and elevations plan

           

•           Jefferson Layout 1 - JFN-PLE1/1

•           Jefferson Elevation - 1/1 JFN-PLE1/1

•           Jefferson Elevation - 1/2 JFN-PLE1/2

•           Jefferson Elevation - 1/3 JFN-PLE1/3

 

Masterton floor and elevations plan

           

•           Masterton Layout - MTN-PLP1

•           Masterton Elevation 1/1 - MTN-PLE1/1

•           Masterton Elevation 1/2 - MTN-PLE1/2

 

Oxley floor and elevations plan

           

•           Oxley Layout 1 - OXY-PLP1 Rev A

•           Oxley Elevation 1/1 - OXY-PLE1/1 Rev A

•           Oxley Elevation 1/2 - OXY-PLE1/2 Rev A

           

Spencer floor and elevations plan

           

•           Spencer Layout 1 -SPR-PLP1

•           Spencer Layout 2 - SPR-PLP2

•           Spencer Elevation 1/1 - SPR-PLE1/1

•           Spencer Elevation 1/2 - SPR-PLE1/2

•           Spencer Elevation 2/1 - SPR-PLE2/1

•           Spencer Elevation 2/2 - SPR-PLE2/2

 

Sanderson floor and elevations plan

 

•           Sanderson Layout - SAN-PLP1

•           Sanderson Elevation 1/1 - SAN-PLE1/1

•           Sanderson Elevation 1/2 - SAN-PLE1/2

•           Sanderson Elevation 1/3 - SAN-PLE1/3

           

Wilson floor and elevation plan

           

•           Wilson Layout 1 - WLN-PLP1

•           Wilson Elevation 1/1 - WLN-PLE1/1Wilson Elevation 1/2 - WLN-PLE1/2

•           Wilson Elevation 1/3 - WLN-PLE1/3

•           Wilson Layout 2 - WLN-PLP2

•           Wilson Elevation 2/1 - WLN-PLE2/1

•           Wilson Elevation 2/3 - WLN-PLE2/3

•           Wilson Elevation 2/4 - WLN-PLE2/4

 

Garage Booklet

           

•           Single Garage 1 Drawing GB-CPE1

•           Double Garage 1 Drawing GB CPE2 

           

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 a phasing programme for the whole of the application site has been submitted to and approved in writing by the Local Planning Authority. This phasing plan shall include delivery of:-

           

•           the main spine road

•           the dwellings and their respective spur roads

•           all green infrastructure including children's play facility (LEAP) and landscaping (to include two compensation ponds)

•           boundary treatments outside of private curtilages (as shown on the approved Land Disposal Plan)

•           pedestrian/cycle access link to the northern boundary

•           pedestrian link to the existing public right of way to the southern boundary

•           the drainage system including drainage connection to the northern boundary

•           provision of the spur road/pedestrian link to the school site

 

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.

           

Reason: 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, CDMP6 and SA1/6 of the Wyre Local Plan (2011-31)

 

4.         Prior to commencement of the development, a construction phasing programme for delivery of the site accesses and all off-site works of highway improvement (to be carried out as part of a section 278 agreement under the Highways Act 1980) namely:-

           

•           Blackpool Road - new priority junction the scope of which is shown on plan 2566-F01 Rev B

•           Poulton Road - new priority junction the scope of which is shown on plan 2566-F02 Rev A

•           Blackpool Road / Poulton Road signalised junction upgrade to include MOVA and PUFFIN facilities.

•           Tithebarn Street / Queensway signalised junction upgrade to include MOVA and PUFFIN facilities.

•           Queensway Pelican Crossing upgrade to PUFFIN Crossing.

 

shall be submitted to and approved in writing by the Local Planning Authority.  The site accesses and off-site highway works shall be delivered in accordance with the agreed phasing programme, unless any alternative phasing programme is subsequently submitted to and approved in writing by the Local Planning Authority.

           

Reason: In order to ensure the timely delivery of the necessary site accesses and 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).

 

5.         The development shall be carried out strictly using those materials specified on approved plan ref: Elevations Treatments Plan Drawing Number 40039.03.02 Rev M 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

 

6.         The approved boundary treatments (as shown on Boundary Treatment Plan ref 40039.03.03 Rev M and Boundary Treatment elevation 40039.03.03 Rev A) within private curtilages (as shown within the approved Land Disposal Plan) shall be completed prior to first occupation of the respective dwelling(s). 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).

 

7.         The ground, slab and finished floor levels shall be constructed and completed in accordance with the approved details as shown on the following plans:

           

•           External Works Sheet 1 of 4 Drawing Number 40-25-01 REV P5

•           External Works Sheet 2 of 4 Drawing Number 40 -25 -02 Rev P5

•           External Woks Sheet 3 of 4 Drawing Number 40-25-03 Rev P5

•           External Works Sheet 4 of 4 Drawing Number 40-25-04 Rev P5

 

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 streetscene, a satisfactory impact on neighbouring residential amenity in accordance with Policies CDMP2 and CDMP3 of the Wyre Local Plan (2011-31). 

 

8.         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 and shall follow the parameters as set out within the Drainage strategy and Flood Risk assessment submitted with the planning application (RSK Flood Risk Assessment 881703-R1(09)-FRA, September 2020, drainage technical note and the proposed culvert plan, drawing 40039/ENG700, 21/10/2020) including any mitigation measures set out within.

           

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 separately 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 (or approved phase of the development) shall be first occupied or brought into first use until the drainage works and levels have been completed (for that phase) 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.

 

9.         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.

 

10.      The development hereby permitted shall be carried out in accordance with the approved Flood Risk Assessment (FRA) (RSK Flood Risk Assessment 881703-R1(09)-FRA, September 2020, drainage technical note and the proposed culvert plan, drawing 40039/ENG700, 21/10/2020, prepared by Ironside Farrar Limited) and the following mitigation measures detailed within the FRA:

           

•           Finished floor levels shall be set no lower than 7.23 metres above Ordnance Datum (mAOD) or 300mm above the ground level, whichever is higher, as stated in section 10.2.

•           Compensatory storage shall be provided on a level for level basis for the loss of floodplain resulting from raising ground levels, based on Section 10.5 and the Flood Compensation Strategy - Whole Site Overview' plan (dated 16 December 2019) in Appendix I.

           

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.

 

11.      No development approved by this planning permission shall commence until such time as a scheme for the provision and implementation of compensatory flood storage in accordance with the approved Flood Risk Assessment (referenced 881703-R1(09)- FRA; dated September 2020; RSK) has been submitted to, and approved in writing by, the local planning authority. The scheme shall be fully implemented and subsequently maintained, in accordance with the scheme's timing/phasing arrangements, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

           

Reason: To prevent flooding to the development and elsewhere by ensuring that compensatory storage of flood water is provided.

 

12.      Prior to the commencement of development a detailed site investigation shall be carried out in accordance with a written methodology, which shall first have been submitted to and approved in writing by the Local Planning Authority.  If remediation measures are then considered necessary, a scheme for decontamination of the site shall be submitted to, and approved by, the Local Planning Authority in writing and the approved scheme implemented prior to the development of the site.  Any changes to the approved scheme must be approved in writing by the Local Planning Authority prior to any works being undertaken. On completion of any remediation works deemed necessary, a verification scheme shall be submitted to 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).

           

13.      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).

 

14.      No development shall take place until the applicant, or their agent or successors in title, has secured the implementation of a phased programme of archaeological investigation, recording and analysis. This must be carried out in accordance with a written scheme of investigation, which shall first have been submitted to and agreed in writing by the Local Planning Authority. The programme of works should comprise either targeted trial trenching (with a minimum 5% sampling strategy of the site) or an archaeological watching brief on the preliminary stages of topsoil stripping and excavation for services, roads and foundations on the site. Should significant archaeological remains be encountered then a further phase of mitigation works should be designed and implemented in accordance with a further written scheme of investigation, which shall first have been submitted to and agreed in writing by the Local Planning Authority. All such works should be undertaken by an appropriately qualified professional archaeological contractor to the standards and guidance of the Chartered Institute for Archaeologists (www.archaeologists.net).

           

Reason: Such a programme of archaeological work and investigation was not submitted with the application but is necessary prior to the commencement of development to ensure that any archaeological remains at the site are recorded and to ensure that there is an understanding of the significance of the heritage asset before it is lost, in accordance with policy CDMP5 of the Wyre Local Plan (2011-31) and Section 16 of the NPPF.

 

15.      Prior to the commencement of development, including any demolition works and site clearance, 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 (including timing) 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

           

(l)        how biodiversity would be protected throughout the construction period

           

(m)      the potential impacts from all construction activities on both groundwater, public water supply and surface water and identify appropriate mitigation measures necessary to protect and prevent pollution of these waters from sediments entering the river Wyre

           

(n)       A Reasonable Avoidance Method Statement (RAMS) for site clearance including details of site preparation and vegetation clearance to prevent harm to great crested newts and exclusion fencing and supervised destructive search of specific high quality habitat features.

           

The construction of the development including any demolition works shall be carried out in accordance with the approved CEMP.

           

Reason: In order to safeguard the biodiversity of the site, protect the water environment and public drinking water supplies, and to maintain the operation and safety of the local highway network, during site preparation and construction, in accordance with Policies CDMP1, CDMP4 and CDMP6 of the Wyre Local Plan and the provisions of the NPPF.

 

16.      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.

 

17.      (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 of any estate roads not being 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).

 

18.      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).

           

19.      The scheme of noise insulation measures set out in the supporting Noise Assessment submitted with the application [report by RSA Acoustic Engineering dated 174/2019] shall be implemented for those plots identified within Figure 4.1 of the report prior to first occupation of each of these 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).

 

20.      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).

 

21.      Prior to the commencement of above ground development 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.

 

22.      Prior to the first occupation of any of the Sanderson and Spencer house types, the first floor side windows 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 windows (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).

 

23.      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 (as amended) (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 dwellinghouse 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 higway visibility in accordance with Policies CDMP3 and CDMP6 of the Adopted Wyre Borough Local Plan.

 

24.      The pedestrian/cycle connection shown linking to the northern boundary and footpath shown linking to the existing Public Right of Way on the southern boundary as shown on the approved site layout plan shall be constructed up to the respective site boundary in surface materials that have first been submitted to and approved in writing by the Local Planning Authority prior to the commencement of the approved phase they fall within.  The pedestrian/cycle connection and footpath link shall thereafter be maintained and remain open and unobstructed at all times.

           

Reason: In order to ensure that the links are appropriately designed and managed, and are provided to the boundary with any adjacent land to ensure access is not prejudiced in accordance with the provisions of Policies CDMP3, CDMP6 and SA1/6 of the Wyre Borough Local Plan 2011-2031.

 

25.      The measures contained within the approved Arboricultural Impact Assessment, Method Statement and Tree Protection 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.

 

26.      The approved landscaping proposals outlined below shall be implemented in full in accordance with the approved phasing plan, with the addition of two compensation ponds to be provided within flood zone 2, details of which (including cross-sections and scheme details for creation of terrestrial habitat to support a population of great crested newts) shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of any development and the two ponds shall be implemented in accordance with the approved phasing plan:-

           

•           Landscaping Full Site with LEAP Plan (5974.06 Rev I)

•           Landscaping Full Site Plan at 1.200 (Drawing number 5974.07 Rev H)

•           Landscaping Proposals Sheet 1 of 5 (Drawing number 5974.01 Rev I)

•           Landscaping Proposals Sheet 2 of 5 (Drawing number 5974.02 Rev I)

•           Landscaping Proposals Sheet 3 of 5 (Drawing number 5974.03 Rev I)

•           Landscaping Proposals Sheet 4 of 5 (Drawing number 5974.04 Rev I)

•           Landscaping Proposals Sheet 5 of 5 (Drawing number 5974.05 Rev I)

           

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:  The details are required to be approved prior to commencement of development to ensure landscaping is implemented at an appropriate time during the development.

 

27.      Prior to first occupation of any dwelling, a scheme for the provision of home-owner information packs highlighting the sensitivity of Morecambe Bay (a European protected nature conservation site) to recreational disturbance shall be submitted to and agreed in writing by the Local Planning Authority. The scheme details shall include the content of the home-owner information packs which 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 on public rights of way 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.

           

28.      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.

 

29.      No tree felling, tree works or works to hedgerows including grass sward removal or earth moving 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.

 

30.      Prior to the commencement of development a water vole survey shall be undertaken by a suitably qualified ecologist and submitted to the Local Planning Authority for written approval including a full assessment of the Horsebridge Watercourse together with any mitigation measures deemed necessary as a result of the survey.  The approved mitigation measures shall be undertaken in accordance with the agreed details.

           

Reason: To prevent possible harm to ecology if the development were commenced without the necessary mitigation measures in accordance with the Wildlife and Countryside Act 1981, Policy CDMP4 of the Wyre Local Plan (2011 the NPPF.

 

31.      No development shall commence until a Landscape and Habitat Creation and Management scheme (LHCMS) has been submitted to and agreed in writing by the Local Planning Authority along with a timetable for implementation to include the mitigation measures set out within section 5 of the Ecological Appraisal submitted with the planning application [Erap Limited May 2019 Updated - Including licensed great crested newt surveys and breeding birds survey,]

           

For the purposes of this condition the scheme shall identify:

           

•           Design of attenuation ponds to hold water under normal circumstances and to include amphibian protection measures through headwall and outflow designs and flow control mechanisms;

•           The road infrastructure design to include amphibian friendly features such as off-set gully pots and dropped kerbs in locations between ponds and adjoining hedgerows/green infrastructure;

•           Details of long term management for the water bodies and terrestrial habitat specifically for great crested newts along with other retained or recreational habitats;

•           The erection of temporary protection fencing to retained trees, shrubs and hedgerows (section 5.2.1). Protection measures to also include Pond 5 and the ditches within the public open space (Ditches 9 and 10) (section 5.2.5 and Figure 8.2, Phase 1 Habitat & Vegetation Map);

•           Details of how the scheme is designed to maintain connectivity and ecological permeability such as supplementary native species planting as identified within section 5.2.8 a - c and section 5.6.2 and boundary fencing details to allow habitats connectivity (section 5.2.8) and ecological movement of small mammals and amphibians to be applied to the 1.8m boundary fencing as shown on Boundary Treatments plan 40039.03.03 revision M). The specification and location of the ecological permeability measures to be shown on plan;

•           A re survey of trees 2 & 3 as set out in Section 5.3.5 prior to commencement to include updated condition assessment, aerial inspection and/or activity surveys and identification of any additional mitigation or need for licence;

•           Provision of bat, bird, beetle and hedgehog boxes within the development;

•           Details of informative signage and any new countryside furniture/path/surfacing details in relation to North Blackpool Pond Trail.

           

The development shall then proceed in full accordance with these agreed scheme details

           

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.

 

32.      Details of the appearance (size, materials and external colour finish) of the Pumping Station as shown on the approved Proposed Site Layout Plan, shall be submitted to and approved in writing by the Local Planning Authority prior to its installation.  The development shall be carried out and retained thereafter in accordance with the approved details.

           

Reason: For the avoidance of doubt and so that the Local Planning Authority shall be satisfied as to the details.

 

33.      Prior to first occupation of any dwelling, details of the Local Equipped Area for Play (LEAP) shown on the approved site layout plan shall be submitted to and approved in writing by the Local Planning Authority, which shall include how this is to be laid out, the design / appearance of play equipment including materials, surfacing and enclosure(s) of the LEAP area and any other associated equipment including benches and waste bins. The LEAP shall be provided in accordance with the approved details.

           

Reason: To ensure adequate provision and delivery of public open space in accordance with Policies SP8 and HP9 of the Wyre Local Plan (2011-31) and the National Planning Policy Framework.

 

CONDITIONS RELATING TO OUTLINE PLANNING PERMISSION

 

1.         In the case of any reserved matter, namely access, appearance, landscaping, layout and scale of the buildings application for approval must be made before the expiration of three years beginning with the date of this permission; and that the development hereby permitted shall be begun not later than:

           

•           the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

 

Reason: This condition is required to be imposed pursuant to Section 92 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 17/06/2019 including the following plans/documents (in so far as this defines the application site area):

           

•           Site Location Plan (BRP-LP Rev C)

•           General Arrangement Layout (Planning NTS) (40039.03.01FS Revision P) (in so far as this plan outlines the site area of this outline planning permission)

•           General Arrangement Plan (40039.03.01 Rev Y) (in so far as this plan outlines the site area of this outline planning permission)

 

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.         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.

           

h)        Full details of headwall and outfall designs to prevent trapping and killing of amphibians

           

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.

 

4.         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.

 

5.         Prior to the submission of a reserved matters application relating to layout, or simultaneously with that reserved matters application, details of the existing and proposed ground, slab and finished floor levels shall be submitted to and approved in writing by the Local Planning Authority.

           

The ground, slab and finished floor levels shall be constructed and completed in accordance with the approved details.

           

Reason:  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.

 

6.         Prior to the commencement of development, including any demolition works and site clearance, 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

           

(l)        how biodiversity would be protected throughout the construction period

           

(m)      the potential impacts from all construction activities on both groundwater, public water supply and surface water and identify appropriate mitigation measures necessary to protect and prevent pollution of these waters from sediments entering the river Wyre

           

(n)       the submission of a Reasonable Avoidance Methodology Statement (RAMS) for site clearance including details of site preparation and vegetation clearance to prevent harm to great crested newts and exclusion fencing and supervised destructive search of specific high quality habitat features.

           

The construction of the development including any demolition works shall be carried out in accordance with the approved CEMP.

           

Reason: In order to safeguard the biodiversity of the site, protect the water environment and public drinking water supplies, and to maintain the operation and safety of the local highway network, during site preparation and construction, in accordance with Policies CDMP1, CDMP4 and CDMP6 of the Wyre Local Plan and the provisions of the NPPF.

 

7.         The development hereby permitted shall be carried out in accordance with the approved Flood Risk Assessment (FRA) (RSK Flood Risk Assessment 881703-R1(09)-FRA, September 2020, drainage technical note and the proposed culvert plan, drawing 40039/ENG700, 21/10/2020, prepared by Ironside Farrar Limited) and the following mitigation measures detailed within the FRA:

           

•           Finished floor levels shall be set no lower than 7.23 metres above Ordnance Datum (mAOD) or 300mm above the ground level, whichever is higher, as stated in section 10.2.

•           Compensatory storage shall be provided on a level for level basis for the loss of floodplain resulting from raising ground levels, based on Section 10.5 and the Flood Compensation Strategy - Whole Site Overview' plan (dated 16 December 2019) in Appendix I.

           

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.

 

8.         No development approved by this planning permission shall commence until such time as a scheme for the provision and implementation of compensatory flood storage in accordance with the approved Flood Risk Assessment (referenced 881703-R1(09)- FRA; dated September 2020; RSK) has been submitted to, and approved in writing by, the local planning authority. The scheme shall be fully implemented and subsequently maintained, in accordance with the scheme's timing/phasing arrangements, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

           

Reason: To prevent flooding to the development and elsewhere by ensuring that compensatory storage of flood water is provided.

 

9.         No development shall take place until the applicant, or their agent or successors in title, has secured the implementation of a phased programme of archaeological investigation, recording and analysis. This must be carried out in accordance with a written scheme of investigation, which shall first have been submitted to and agreed in writing by the Local Planning Authority. The programme of works should comprise either targeted trial trenching (with a minimum 5% sampling strategy of the site) or an archaeological watching brief on the preliminary stages of topsoil stripping and excavation for services, roads and foundations on the site. Should significant archaeological remains be encountered then a further phase of mitigation works should be designed and implemented in accordance with a further written scheme of investigation, which shall first have been submitted to and agreed in writing by the Local Planning Authority. All such works should be undertaken by an appropriately qualified professional archaeological contractor to the standards and guidance of the Chartered Institute for Archaeologists (www.archaeologists.net).

           

Reason: Such a programme of archaeological work and investigation was not submitted with the application but is necessary prior to the commencement of development to ensure that any archaeological remains at the site are recorded and to ensure that there is an understanding of the significance of the heritage asset before it is lost, in accordance with policy CDMP5 of the Wyre Local Plan (2011-31) and Section 16 of the NPPF.

 

10.      Prior to the commencement of development a desk study to investigate and produce an assessment of the risk of the potential for on-site contamination shall be undertaken and submitted to and approved in writing by the Local Planning Authority. If the desk study identifies potential contamination, a detailed site investigation shall be carried out in accordance with a written methodology, which shall first have been submitted to and approved in writing by the Local Planning Authority.  If remediation measures are then considered necessary, a scheme for decontamination of the site shall be submitted to, and approved by, the Local Planning Authority in writing and the approved scheme implemented prior to the development of the site.  Any changes to the approved scheme must be approved in writing by the Local Planning Authority prior to any works being undertaken.

           

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).

           

11.      A noise assessment in relation to any noise sources e.g. extraction equipment associated with the development shall be submitted with the first reserved matters application relating to layout. This shall demonstrate that development has been 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 55 dB 16 hours - gardens and outside living areas, daytime (07.00-23.00)

•           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)*

•           LAFmax 60 dB 8 hours - façade level night time (23.00-07.00)

•           LAFmax 60 dB 4 hours - façade level 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).

 

12.      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.

 

13.      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).

 

14.      No tree felling, tree works or works to hedgerows including grass sward removal or earth moving 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.

 

15.      Prior to the commencement of development a water vole survey shall be undertaken by a suitably qualified ecologist and submitted to the Local Planning Authority including a full assessment of the Horsebridge Watercourse. Any mitigation measures identified as being required as a result of the survey shall be submitted to the Local Planning Authority for approval in writing and be fully undertaken in accordance with the agreed details.

           

Reason: To prevent possible harm to ecology if the development were commenced without the necessary mitigation measures in accordance with the Wildlife and Countryside Act 1981, Policy CDMP4 of the Wyre Local Plan (2011 the NPPF.

 

16.      No development shall commence until a Landscape and Habitat Creation and Management scheme (LHCMS) has been submitted to and agreed in writing by the Local Planning Authority along with a timetable for implementation. This includes the measure set out within the Ecological Appraisal submitted with the planning application [Erap Limited May 2019 Updated - Including licensed great crested newt surveys and breeding birds survey,] including all the mitigation measures set out in that report within Section 5 (as referenced below)

           

For the purposes of this condition the scheme shall identify:

           

•           the retention of hedgerows and trees, or where this is not possible, sufficient replacement native tree and hedgerow planting;

•           the removal of any trees, with those which have the potential for bat roosting to have been inspected for the presence of bats. Should any bats be found these trees shall be either retained or compensation put forwards for the potential harm to bats;

•           opportunities to enhance the value of the site for wildlife through, for example, new structure planting;

•           the use of locally native species planting specification;

•           the erection of temporary protection fencing to retained trees, shrubs and hedgerows;

•           Provision of bird, bat, beetle and hedgehog boxes within the development;

•           Continuous terrestrial connectivity along the boundaries of the development for species movement;

•           Ecological connectivity across the site, such as the road infrastructure design to include amphibian friendly features and ecologically permeable boundary treatments designed to allow habitats connectivity and ecological movement of small mammals and amphibians through boundary features.

           

The development shall then proceed in full accordance with these agreed scheme details

           

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.

 

Notes: -

 

1.         It is an offence to disturb, harm or kill any species specifically protected under the Wildlife and Countryside Act 1981. In the event of any such species being unexpectedly encountered before and during site clearance or development work, then work shall stop immediately until specialist advice has been sought from a suitably qualified Ecologist regarding the need for additional survey(s), a license from Natural England and/or the implementation of necessary mitigation measures.

 

2.         Horsebridge Dyke, adjacent to the application site is designated a main river. The Environmental Permitting (England and Wales) Regulations 2016 require a permit to be obtained for any activities which will take place:

 

•           on or within 8 metres of a main river (16 metres if tidal);

•           on or within 8 metres of a flood defence structure or culverted main river (16 metres if tidal);

•           on or within 16 metres of a sea defence involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert;

•           in a floodplain more than 8 metres from the river bank, culvert or flood defence structure (16 metres if it's a tidal main river) and you don't already have planning permission.

 

For further guidance please visit https://www.gov.uk/guidance/flood-risk-activitiesenvironmental- permits or contact our National Customer Contact Centre on 03702 422 549. The applicant should contact CMBLNC-PSO@environment-agency.gov.uk to discuss permitting requirements for the proposed site. The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.

 

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.