Agenda item

Application B

Minutes:

 

The application was brought forward on the agenda to accommodate time for the speakers on the application.

 

The application was before members of the Planning Committee due to its strategic significance in delivering Local Plan infrastructure requirements.

 

A site visit was conducted to enable Members to understand the proposal beyond the plans submitted and the photos taken by the Case Officer.

 

An update sheet with additional information was published on the council’s website, this information only having become available after the original agenda was published. The committee considered the update sheet, which contained an update with an additional response from the lead local flood authority, additional plans and information from the applicant and a proposed amendment to conditions 2, 11, 22, 27 on the full permission and condition 3 on the outline permission by the officers.

 

The Planning Development Manager, Lyndsey Hayes, reminded members that as this was a hybrid application, the committee would be discussing and approving both a full application and an outline application, with the final phase of the Lambs Road allocation not having been admitted yet.

 

County Councillor John Shedwick was in attendance, and spoke to Officers for clarification on issues that were of concern.

 

Gareth Salthouse, the agent, spoke in favour of the application.

 

Several members of the committee noted their disappointment with the hybrid nature of the application, including the issue of affordable housing that they highlighted had been allocated only in one phase of the development with very little in other phases of the development. Other points of discussion mentioned were as follows:-

·         Drainage

·         Vehicular access to Raikes Road

·         Traffic concerns

·         Provision of land for a new school

 

The Head of Planning Services, David Thow, responded to members on the issues that were raised. He noted that new surface water drainage connection had been completed and was operational, with a condition that this be connected not just to Phase 1 of the development but to all 3 phases. A few of the concerns raised by members were the concern of Lancashire County Council, including traffic concerns and the land provision for a new school, and recommended that the County Councillor take these concerns to the County Council.

 

Following on from discussion, it was proposed by Cllr Ian Amos and seconded by Cllr Catterall, that the application be approved, as per the officer recommendation with amendments to conditions 2, 11, 22, and 27 on the full permission and condition 3 on the outline permission 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 section 106 agreement to secure on-site GI and affordable housing and financial contributions towards education, health care and Travel Plan support; and grant outline planning permission for up to 194 dwellings, a 1 Form Entry primary school and a convenience store subject to conditions and a section 106 agreement to secure on[1]site affordable housing, GI and housing mix (linked to phase 2 development) and financial contributions towards health care, education and travel plan support. That the Head of Planning Services be authorised to issue the decision following the satisfactory completion of the S106 agreement.

 

CONDITIONS RELATING TO FULL PLANNING PERMISSION

 

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 20.10.2020 including the following plans/documents:

 

- Drawing No. LP01 Location Plan in relation to the full application area delineated by orange line on Drawing No. OF01 (Outline and Full Application Plan)

- Drawing No. AL02 Rev F (Alternative Site Layout Phase 2) received 25th August 2021

- Drawing No. AL02 Rev E ALTERNATIVE SITE LAYOUT PHASE 2 SPOT & FINISH FLOOR LEVELS received 5th July 2021

- Drawing No. 873-2B4P-P1 Planning Drawing NW(Brick) WAINHOMES PORTFOLIO 2021 WD PACK 873-2B4P

- Drawing No. C4-001 CHINLEY (NEW) APARTMENTS

- Drawing No. 1000-3B5P-P1 Planning Drawing NW(Brick) WAINHOMES PORTFOLIO 2021 WD PACK 1000-3B5P

- Drawing No. 1095-4B5P-P1 Planning Drawing NW(Brick) WAINHOMES PORTFOLIO 2021 WD PACK 1095-4B5P

- Drawing No. A105893 - SK001 (Proposed Site Access for Phase 2) received 27th April 2021

- Tree Survey Plan, Lambs Lane Phase 2, August 2017

- Drawing No. 5397.11 Rev C LANDSCAPE PROPOSALS SHEET 2 OF 2 received 25th August 2021

- Drawing No. 5397.12 RevC LANDSCAPE PROPOSALS SHEET 2 OF 2 received 25th August 2021

 

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.           There shall be no commencement of development until the primary access road within Phase 1 up the boundary with Phase 3a, as approved by application 19/01250/FUL (plan ref: 0001 Rev Z), has been constructed to an adoptable standard to its junction with the adjoining land at the easterly site boundary. After its construction in accordance with this condition the said primary access road shall thereafter be maintained and remain open and unobstructed at all times unless and until it has been adopted by the local highway authority.

             

Reason: This is the primary access route required to serve the Phase 3 development including supporting infrastructure. Failure to deliver this road link in a timely manner would prejudice the delivery of Phase 3 of the allocation, and if not delivered prior to the road layout for Phase 2 becoming fixed, would mean that Phase 3 would not be served by a suitable access. This would be contrary to Policies HP1, SA1, SA1/2 and CDMP6 of the Adopted Wyre Local Plan (WLP31), the requirements of the approved Lambs Road/Raikes Road Thornton Masterplan, and the provisions of the NPPF.

 

4.           Prior to first occupation of any dwelling, the access road hereby approved within the application site shall be constructed to an adoptable standard up to the eastern site boundary with Phase 3a) (red line) and offered to the local highway authority for adoption. After its construction this access road shall thereafter be maintained and remain open and unobstructed at all times unless and until it has been adopted by the local highway authority.

             

Reason: To ensure that the development provides a timely access link to subsequent development phases to enable the delivery of site allocation SA1/2 in accordance with the approved Lambs Road/Raikes Road Thornton Masterplan, Policy CDMP3 of the Wyre Local Plan (2011-31), and the National Planning Policy Framework.

 

5.           (a) Prior to first occupation of any dwelling, the cycle and pedestrian link (opposite plots 5 and 6) shall be constructed to adoptable standard up to the southern boundary of the site with Phase 1 and offered to the local highway authority for adoption. After its construction this cycle and pedestrian link shall thereafter be maintained and remain open and unobstructed at all times unless and until it has been adopted by the local highway authority.

             

(b)         Prior to first occupation of plots 72-75, the shared drive to the front of those plots, which is also designed to provide an off-road cycle and pedestrian link shall be constructed in accordance with the approved details, including the provision of bollards at the eastern extent, and shall thereafter be maintained and remain open and unobstructed at all times.

                                   

Reason: To ensure that the development provides sustainable linkages to neighbouring development to support the creation of sustainable communities in accordance with the approved Lambs Road/Raikes Road Thornton Masterplan, Policies SP2, CDMP3 and CDMP6 of the Wyre Local Plan (2011-31), and the National Planning Policy Framework.

 

6.           Prior to the first occupation of any dwelling 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.

 

7.           Prior to first occupation of any dwelling hereby approved the site access (including assessment of the street lighting and provision of tactile paving) and off-site works of highway improvement, namely 3 metre wide shared surface cycle link along the full frontage of the site with Lambs Road, including assessment of the street lighting, and highway improvement scheme as detailed on Drawing A105893-SK002 Rev A (included within the Submitted Transport Assessment) shall be carried out, unless an alternative timetable for implementation is submitted to and approved in writing by the Local Planning Authority. 

                       

The off-site highway works shall be carried out in accordance with any alternative approved timetable for implementation.

                       

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

 

8.           The visibility splays as shown on the approved site access plan (Drawing No. A105893 - SK001) shall be provided prior to commencement of any part of the development (other than works necessary to form the site access and associated visibility splays) 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 during the construction phase and beyond, for the free flow of traffic, in accordance with Policy CDMP6 of the Wyre Local Plan (2011-31).

 

9.           (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 from the highway before any other development takes place within the site.

             

(b)         No dwelling hereby approved shall be first occupied until the new estate road(s) affording access to those dwelling(s) has been constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least base course level.

             

(c)          In the event that the new estate road is not proposed for adoption by the Local Highway Authority then details of their road construction (surface materials and depth) and highway infrastructure (footways, street lighting, drainage) shall be submitted to, and approved in writing by, the Local Planning Authority. No dwelling hereby approved shall be first occupied until the new estate road(s) affording access to that dwelling has been constructed in accordance with the approved details.

             

Reason: To ensure that satisfactory access is provided to the development site, that the road surfaces are visually acceptable, that the private roads are of sufficiently adequate construction to support any loading applied to them to enable effective waste management and emergency services access, and that the necessary infrastructure is provided in the interests of highway safety in accordance with Policies CDMP3 and CDMP6 of the Wyre Local Plan (2011-31).

 

10.         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).

             

11. No dwelling hereby approved shall be first occupied until the parking / turning area(s) shown on the approved plan No. AL02 Rev F Alternative Site Layout Phase 2, 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.

           

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).

 

12.         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. Any EVCP shall be a minimum of Mode 3. 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).

 

13.         Prior to the commencement of development a drainage scheme, which shall detail full 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. For the avoidance of doubt the surface water drainage scheme shall be in accordance with the submitted Flood Risk Assessment and Drainage Management Strategy by Betts Hydro Consulting Engineers October 2020 with surface water drainage to the new surface water outfall being constructed as part of Phase 1, or by an additional discharge to the River should this be required. Where discharge of surface water is proposed to the new outfall, this new surface water outfall shall be completed and operational prior to the commencement of development hereby approved. No surface water shall be discharged from the site to existing local surface water drains at any time (including during construction).

                       

The drainage scheme shall also demonstrate that all existing watercourses on the site are to be diverted to discharge to the new outfall and connections to the existing surface water sewers severed and sealed (as per the submitted Flood Risk Assessment and Drainage Management Strategy).

                       

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 dwelling shall be first occupied 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),  the approved Lambs Road/Raikes Road Thornton Masterplan 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.

             

14.         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.

 

15.         Prior to the commencement of development a Remediation Strategy providing 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. Validation of the approved scheme shall be submitted to and approved by the Local Planning Authority in writing on completion of the works.

                       

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).

             

16.         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).

 

17.         Prior to the commencement of development, including any demolition works, a Construction Environmental Management Plan (CEMP), shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall include and specify the provision to be made for the following:

             

(a)         dust and dirt mitigation measures during the demolition / construction period; complaint management and arrangements for liaison with the Council's Environmental Protection Team

             

(b)         control of noise and vibration emanating from the site during the demolition / construction period; complaint management and arrangements for liaison with the Council's Environmental Protection Team

             

(c)          hours and days of demolition / construction work for the development expected to be 8.00-18.00, Monday to Friday, 08.00-13.00 on Saturday with no working on Sunday and Bank / Public Holidays

             

(d)         contractors' compounds and other storage arrangements

             

(e)         provision for all site operatives, visitors and construction loading, off-loading, parking and turning within the site during the demolition /  construction period

             

(f)          arrangements during the demolition / construction period to minimise the deposit of mud and other similar debris on the adjacent highways (e.g. wheel washing facilities)

             

(g)         the routeing of construction traffic and measures to ensure that drivers use these routes as far as is practicable

             

(h)         external lighting of the site during the demolition / construction period

             

(i)           erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

             

(j)           recycling / disposing of waste resulting from demolition / construction work

             

(k)          measures to protect watercourses against spillage incidents and pollution

             

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

             

Reason: Such details were not submitted with the application and need to be in place throughout the demolition / construction period in the interests of the amenities of surrounding residents, to maintain the operation and safety of the local highway network, to minimise the risk of pollution and to safeguard the character and appearance of the area in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31).

 

18.         Prior to first occupation of any dwelling hereby approved, 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 that 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.

 

19.         Prior to the installation of any external lighting within public areas, 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, demonstrating that artificial lighting will be designed so that it is not intrusive to visual amenity, residential 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). For the avoidance of doubt the light intrusion into the windows of any residential premises shall not exceed 10 Lux before 23.00, and 2 lux after 23.00 (Environmental Zone E3).

             

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.

 

20.         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.

 

21.         Prior to commencement of any development above ground level, a scheme for the provision of bird boxes (types, locations and number) within the new development shall be submitted to and agreed in writing by the Local Planning Authority. Thereafter the boxes shall be implemented in accordance with the approved scheme prior to first occupation of any dwelling on the site, and shall be retained as such thereafter.

             

Reason: Such a scheme was not submitted with the application but is necessary to secure opportunities for the enhancement of the nature conservation value of the site, in particular in relation to ground nesting birds, in the interests of ecology and biodiversity in accordance 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.

 

22. Prior to commencement of any development above ground level full details of hard landscaping works (including location, type, texture and colour) shall be submitted and agreed in writing by the Local Planning Authority, and shall be implemented in accordance with the approved details.

           

The soft landscaping works shall be carried out in accordance with the approved details[Drawing Nos 5397.11 Rev C and 5397.12 Rev C, received 25th August 2021]prior to first occupation or first use of any part of the development or otherwise in accordance with a programme agreed in writing by the Local Planning Authority and shall thereafter be retained and maintained.

           

Any trees or shrubs planted in accordance with this condition which are removed, uprooted, destroyed, die, or become severely damaged or seriously diseased within 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.

 

23.         Prior to the commencement of development, including any demolition or tree works, a Tree Protection Plan for the retained tree(s) shall be submitted to and approved in writing by the Local Planning Authority. This shall indicate the methods and positioning of tree protection measures such as ground protection (where necessary), Heras protective fencing and details of any specialist demolition or construction methods if appropriate.

             

The measures contained within the approved 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. The details are required to be approved prior to commencement of development to ensure timely tree protection measures are in place.

 

24.         The development hereby approved shall be constructed and completed in accordance with the ground, slab and finished floor levels as detailed on approved Drawing No. AL02 Rev E ALTERNATIVE SITE LAYOUT PHASE 2 SPOT & FINISH FLOOR LEVELS received by the Local Planning Authority on 5th July 2021, and such levels shall not be altered without having first been submitted to and approved in writing by the Local Planning.

             

Reason: To ensure that the development has a satisfactory visual impact on the street scene, a satisfactory impact on neighbouring residential amenity and has a minimum risk of flooding in accordance with Policies CDMP2 and CDMP3 of the Wyre Local Plan (2011-31). 

 

25.         No development above ground level shall be commenced until details of the materials to be used in the construction of the external surfaces of the dwellings hereby approved (including the external walls, roof, and windows) have first been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out using the approved materials.

             

Reason: To safeguard the visual amenities of the locality and in accordance with Policy CDMP3 of the Wyre Local Plan (2011-31).

 

26.         No development above ground level shall commence until a plan indicating the positions, design, materials and type of boundary treatments to be erected, shall be submitted to and approved in writing by the Local Planning Authority. The approved boundary treatment shall be completed before the relevant associated dwellings is first occupied. The approved details shall thereafter be maintained and retained.

                       

Reason: In the interests of the appearance of the locality and the residential amenity of occupants in accordance with policy CDMP3 of the Wyre Local Plan (2011-31).

 

27. The development hereby approved shall be carried out in full accordance with Drawing No. AL02 Rev F (Alternative Site Layout Phase 2 received 25th August 2021) with wider parking space provision for adaptable plots, and the supporting statement on adaptable housing (email received from Emery Planning dated 19/08/21) detailing the adaptable units as plots 1, 6-17, 22-26, 31, 32, 36, 49-59, 68, 70-77, 78-80 (43no. units). These plots shall be provided to M4(2) standard of the Building Regulations, and retained and maintained at all times thereafter as accessible and adaptable lifetime homes.

 

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.

 

28.         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) on plots 11-16, 23-25, 30-32, and 69-71 inclusive, 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 dwellings in the interests of preserving the character and amenity of the area and the residential amenity of occupants of the site in accordance with Policy CDMP3 of the Wyre Local Plan (2011-31).

 

29.         Prior to the first occupation of any dwelling hereby approved, details of refuse storage provision (including location, design and materials of construction if necessary), waste collection points, and means of collection (e.g., Council or private), shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details, prior to first occupation of any dwelling, and thereafter maintained and retained.

                       

Reason:  In the interests of the appearance of the site and locality and the residential amenity of occupants and neighbours, in accordance with Policies CDMP1 and CDMP3 of the Wyre Local Plan (2011-31), and the provisions of the NPPW.

 

30.         Prior to first occupation of any dwelling, details of the location and appearance of cycle storage area(s) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details, prior to first occupation of any dwelling and thereafter maintained and retained.

             

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.

 

31.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), no fences, gates, walls, railings or other means of enclosure shall, at any time, be constructed/erected within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts on to a highway without planning permission.

             

Reason: To safeguard the appearance of open plan development and in accordance with Policy CDMP3 and CDMP4 of the Adopted Wyre Local Plan 2011-31.

 

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 [20.10.2020] including the following plans/documents:

             

·                         Drawing No. LP01 Location Plan in relation to the outline application area delineated by the pink line on Drawing No. OF01 (Outline and Full Application 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. (a) The total number of residential units to be provided shall be up to 194;

           

(b) No less than 1.36ha of land shall be provided for a 1-form entry primary school in the general location shown the submitted Sketch Drawing SK03-B;

           

(c) A small convenience store of 280sqm net sales area shall be provided in the general location shown on the submitted layout plan AL02 Rev F (Alternative Site Layout Phase 2) received 25th August 2021;

           

(d) Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2020 or Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), or any subsequent order amending or revoking and replacing that order, the retail unit hereby permitted within (c) above shall only be used for the purposes of class E(a) or F2(a), nor shall any mezzanine floor be installed without the express permission of the Local Planning Authority.

           

Reason: To ensure the development delivers appropriate housing, retail and education, whilst ensuring the uses are provided in the right location on the site and will not undermine the vitality and viability of nearby centres in accordance with Policies SP1, SP2, HP1, EP1, EP5 and SA1 of the Wyre Local Plan (2011-2031) and the approved Lambs Road/Raikes Road Thornton Masterplan.

 

4.           There shall be no commencement of development until the primary access road within Phase 1 up the boundary with Phase 3a, as approved by application 19/01250/FUL (plan ref: 0001 Rev Z), has been constructed to an adoptable standard to its junction with the adjoining land at the easterly site boundary. After its construction in accordance with this condition the said primary access road shall thereafter be maintained and remain open and unobstructed at all times unless and until it has been adopted by the local highway authority.

             

Reason: This is the primary access route required to serve the Phase 3 development including supporting infrastructure. Failure to deliver this road link in a timely manner would prejudice the delivery of Phase 3 of the allocation, and if not delivered prior to the road layout for Phase 2 becoming fixed, would mean that Phase 3 would not be served by a suitable access. This would be contrary to Policies HP1, SA1, SA1/2 and CDMP6 of the Adopted Wyre Local Plan (WLP31), the requirements of the approved Lambs Road/Raikes Road Thornton Masterplan, and the provisions of the NPPF.

 

5.           Where an application is made for approval of details of access and/or layout, the submitted details must provide for a continuous primary access road comprising a 5.5 metre wide carriageway and a footway 2 metres wide on each side of the carriageway across the site from its junction with adjoining land at the westerly site boundary (leading into the approved road layout for Phase 1) to its junction with the adjoining land at the southern site boundary (leading into Phase 3c).

                       

Reason: To ensure that the development provides a timely access link to subsequent development phases to enable the delivery of site allocation SA1/2 in accordance with the approved Lambs Road/Raikes Road Thornton Masterplan, Policy CDMP3 of the Wyre Local Plan (2011-31), and the National Planning Policy Framework.

 

6.           Prior to the first occupation of any dwelling, 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.

 

7.           Prior to first occupation of any dwelling hereby approved the highway improvement scheme as detailed on Drawing A105893-SK002 Rev A (included within the Submitted Transport Assessment) shall be carried out, unless an alternative timetable for implementation is submitted to and approved in writing by the Local Planning Authority. 

                       

The off-site highway works shall be carried out in accordance with any alternative approved timetable for implementation.

                       

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

 

8.           Prior to the commencement of development a drainage scheme, which shall detail full 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. For the avoidance of doubt the surface water drainage scheme shall be in accordance with the submitted Flood Risk Assessment and Drainage Management Strategy by Betts Hydro Consulting Engineers October 2020 with surface water drainage to the new surface water outfall being constructed as part of Phase 1, or by an additional discharge to the River should this be required. Where discharge of surface water is proposed to the new outfall, this new surface water outfall shall be completed and operational prior to the commencement of development hereby approved. No surface water shall be discharged from the site to existing local surface water drains at any time (including during construction).

                       

The drainage scheme shall also demonstrate that all existing watercourses on the site are to be diverted to discharge to the new outfall and connections to the existing surface water sewers severed and sealed (as per the submitted Flood Risk Assessment and Drainage Management Strategy).

                       

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 dwelling shall be first occupied 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),  the approved Lambs Road/Raikes Road Thornton Masterplan 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.

 

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.         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.  Validation of the approved scheme shall be submitted to and approved by the Local Planning Authority in writing on completion of the works.

                       

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 watching brief shall be undertaken during the course of the development works.  The watching brief shall be undertaken by a suitably qualified person, with any significant contamination discovered reported immediately to the Local Planning Authority. The findings of the watching brief shall be reported in writing and submitted to and approved in writing by the Local Planning Authority prior to first occupation of the development.

             

Reason: In order to safeguard human health and the environment against potential contamination and in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31).

 

12.         Prior to the commencement of development, including any demolition works, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall include and specify the provision to be made for the following:

             

(a)         dust and dirt mitigation measures during the demolition / construction period; complaint management and arrangements for liaison with the Council's Environmental Protection Team

             

(b)         control of noise and vibration emanating from the site during the demolition / construction period; complaint management and arrangements for liaison with the Council's Environmental Protection Team

             

(c)          hours and days of demolition / construction work for the development expected to be 8.00-18.00, Monday to Friday, 08.00-13.00 on Saturday with no working on Sunday and Bank / Public Holidays

             

(d)         contractors' compounds and other storage arrangements

             

(e)         provision for all site operatives, visitors and construction loading, off-loading, parking and turning within the site during the demolition /  construction period

             

(f)          arrangements during the demolition / construction period to minimise the deposit of mud and other similar debris on the adjacent highways (e.g. wheel washing facilities)

             

(g)         the routeing of construction traffic and measures to ensure that drivers use these routes as far as is practicable

             

(h)         external lighting of the site during the demolition / construction period

             

(i)           erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

             

(j)           recycling / disposing of waste resulting from demolition / construction work

             

(k)          measures to protect watercourses against spillage incidents and pollution

             

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

             

Reason: Such details were not submitted with the application and need to be in place throughout the demolition / construction period in the interests of the amenities of surrounding residents, to maintain the operation and safety of the local highway network, to minimise the risk of pollution and to safeguard the character and appearance of the area in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31).

 

13.         Any reserved matters application for layout and appearance of the school or convenience store shall include the submission of a noise impact assessment, which shall be carried out to assess the impact of the proposed noise sources (including plant associated with extraction for the kitchen, delivery noise, fan banks etc.) for existing and proposed properties located near to ether building. 

                       

The noise assessment shall demonstrate the following standards are met:

                       

·                         LAeq 50-55 dB 16 Hours - gardens and outside living areas

·                         LAeq 35 dB 16 Hours- indoor daytime 

·                         LAeq 30dB 8 Hours- indoors night-time (23.00-07.00)

·                         LAFmax 45dB (8 hours -Indoors night-time (23.00-07.00) 

·                         LAFmax 45dB 4hours - indoors evening (19.00 -23.00)*

 

*the evening standard LAFmax will only apply were the existing evening LAFmax significantly exceeds standard LAeq and the maximum levels reached are regular in occurrence, for example several times per hour

                       

Reason: To ensure the impacts of these proposed uses can be adequately assessed, and to ensure there is no adverse effect on the health and quality of life of future occupiers of the proposed dwellings 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).

 

14.         Prior to the installation of any external lighting associated with the school, convenience store or residential development (in the case of residential development this shall be lighting within public areas only) a scheme for the provision of external lighting together with an Artificial Lighting Assessment, demonstrating that artificial lighting will be designed so that it is not intrusive to visual amenity, residential amenity, or illuminate potential habitat for bats (e.g. hedgerow, trees) and or/ bird breeding places shall be submitted to, and approved in writing by, the Local Planning Authority. The assessment shall demonstrate that the lighting will be installed in accordance with the Institution of Lighting Professionals' Guidance Notes for the Reduction of Obtrusive Light GN01:2011 and the Bat Conservation Trust and Institution of Lighting Engineers guidance Bats and Lighting in the UK, 2009 (or any subsequent replacement guidance). For the avoidance of doubt the light intrusion into the windows of any residential premises shall not exceed 10 Lux before 23.00, and 2 lux after 23.00 (Environmental Zone E3).

             

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.

 

15.         No development shall take place until a programme of archaeological work and investigation (which shall include the timetable for the investigation) has been submitted to and approved in writing by the Local Planning Authority.

                       

The approved programme of archaeological work and investigation shall be carried out as approved.

                       

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. The condition is required to be approved prior to commencement of development to ensure full details are provided, that have not been forthcoming with the application, providing a true and accurate record which would not be possible after development.

 

16.         Any reserved matters application relating to layout or appearance of the residential development shall include 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. 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.

 

17.         Prior to the first occupation of any dwellings, details of home-owner information packs to include responsible behaviour in the vicinity of the housing development, on Public Rights of Way and at the coast shall be submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt the home-owner information packs shall highlight the conservation value of Morecambe Bay (a European protected nature conservation site) and its sensitivity to recreational disturbance, the potential impacts that can arise from residential development, and the responsible behaviours that would be required from residents to avoid undue ecological impact. The details shall also include 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 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 the Morecambe Bay and Duddon Estuary Special Protection Area (SPA), in accordance with the provisions of Policy CDMP4 of the Wyre Local Plan 2011-31.

 

18.         No tree felling, tree works or works to hedgerows shall take place during the optimum period for bird nesting (March to August inclusive) unless a report, undertaken by a suitably qualified person immediately prior to any clearance, has been submitted to and approved in writing by the Local Planning Authority, demonstrating that nesting / breeding birds have been shown to be absent.

             

Reason: To protect and prevent unnecessary disturbance of nesting birds in accordance with the provisions of the Wildlife and Countryside Act 1981 and section 15 of the National Planning Policy Framework.

 

19.         Prior to the commencement of development, a survey of the trees (to be removed or pruned) for potential bat roost features, including aerial inspection and/or activity surveys, shall be carried out by a suitably qualified ecologist and submitted to and approved in writing by the Local Planning Authority.  If bats are found to be present by the ecology survey then it shall also be accompanied by a Method Statement giving details of measures to be taken to avoid any possible harm to bats during tree works. If required, the approved Method Statement must be implemented in full.

                       

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

 

20.         Prior to the commencement of development a Landscape and Habitat Creation and Management Scheme, including a timetable for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The Scheme shall identify the opportunities for biodiversity enhancement on site including (but not limited to):

             

·                         Native tree and shrub planting

·                         Hedgerow planting

·                         Bolstering of existing hedgerows

·                         Bat bricks and/or tubes within the new development

·                         Bird Boxes

·                         Bat Boxes

·                         Retention of existing ponds

             

The Landscape and Habitat Creation and Management Scheme shall be carried out in accordance with the approved details.

             

Reason: Such a scheme was not submitted with the application but is necessary to secure opportunities for the enhancement of the nature conservation value of the site in the interests of ecology and biodiversity in accordance 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.

 

21.         Any reserved matters application relating to layout or scale shall include details of the existing and proposed ground, slab and finished floor levels. The ground, slab and finished floor levels shall be constructed and completed in accordance with the approved details.

                       

Reason: To ensure that the development has a satisfactory visual impact on the streetscene, a satisfactory impact on neighbouring residential amenity and has a minimum risk of flooding in accordance with Policies CDMP2 and 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.

 

22.         An electric vehicle recharging (EVCP) scheme shall be submitted for all development involving 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. Any EVCP for the dwellings shall be to a minimum of Mode 3. No dwelling shall be occupied or premises shall be first used until the electric vehicle recharging point has been provided for the dwelling or use to which it relates. 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).

 

 

Supporting documents: