Agenda item

Erection of four detached dwellings with access from Skippool Road (following demolition of existing buildings) (amendment to planning permission reference 20/00882/FUL).

The application was brought before the members for determination as the application involved amendments that were materially different to the scheme approved by the Committee in January 2021.

 

A site visit was conducted to enable members to understand the proposal beyond the submitted plans.

 

Harry Carter, the agent, spoke in favour of the application.

 

Members expressed disappointment regarding the amendments made to the footprint of the application but many did also state that they were happy that the site was being developed and improved, particularly due to the eco nature of the development.

 

The Planning Development Manager clarified to members that the site was designated as a greenfield site on Green Belt land; however members had approved the previous application which was a material consideration in deciding this application. Whilst the scale of the proposed buildings had changed, the design concept had not been amended, and so members were asked to consider whether the change to the scale of the dwellings would result in a harmful, unacceptable impact on the Green Belt. She also reassured members that the applicant had proposed new tree-planting which would be secured by conditions. She also confirmed that should the applicant or future homeowners wish to make any future additions to the site, they would need to submit a planning application.

 

Following discussion, it was proposed by the Vice-Chairman Councillor Ballard and seconded by Councillor Orme, that the application be approved, as per the officer recommendation, under the provisions of the Town and Country Planning Act 1990. Subject to the following 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 14.07.2021 including the following plans/documents:

 · Site Location Plan PR SP-0003 Rev P1

· Site Access Plan Drg No.SP-1008

· Proposed Site Plan Drg No.PR SP-0001 Rev P2, received 17th November 2021;

· Ground Floor Plan Drg No.T2-GA-1101 Rev P1;

· First Floor Plan Drg No.T2-GA-1102 Rev P1;

· First Floor Plan - Mezzanine Drg No.T2-GA-1103 Rev P1;

· Roof Plan Drg No.T2-GA-1104 Rev P1;

· Proposed Sections Drg No.T2-SC-1105 Rev P1;

· Proposed Elevations Drg No.T2-EL-1101 Rev P1;

· Ground Floor Plan Drg No.T1-GA-1102 Rev P2, received 17th November 2021;

· First floor Plan Drg No.T1-GA-1103 Rev P2, received 17th November 2021;

· Roof Plan Drg No.T1-GA-1104 Rev P2, received 17th November 2021;

· Proposed Sections T1-SC1105 Rev P2, received 17th November 2021;

· Proposed Elevations Drg No.T1-EL-1101 Rev P2, received 17th November 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.    The development shall be carried out strictly using those materials specified on the approved plans (T2-EL-1101 Rev P1 and T1-EL-1101 Rev P2) unless other minor variations are submitted to and approved in writing by the Local Planning Authority after the date of this permission and before implementation.

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

 

4.    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, with evidence of an assessment of the site conditions to include site investigation and test results to confirm infiltrations rates to be submitted. 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 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.

 

5.    No dwelling hereby approved shall be first occupied until the parking / turning areas shown on the approved Proposed Site Plan Drg No.PR SP-0001 Rev P2 and Ground Floor Plan Drg No.T1-GA-1102 Rev P2, as relating to that dwelling, has been laid out, surfaced and drained. The parking / turning areas shall thereafter be retained and maintained and not used for any purpose other than for the parking and manoeuvring of vehicles without express planning consent from the local planning authority first being obtained.

Reason: To ensure that adequate off road parking is provided and retained to serve the development in the interests of highway safety and in accordance with the provisions of Policy CDMP6 of the Wyre Local Plan (2011-31).

 

6. An electric vehicle recharging (EVCP) scheme shall be submitted for each dwellings 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).

 

7.    Prior to first occupation of any dwelling hereby approved, works to amend the site access at the junction with Skippool Road, as shown on the approved access plan (Drawing No.SP-1008), shall be carried out, unless an alternative timetable for implementation is submitted to and approved in writing by the Local Planning Authority.

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. Before any dwelling is first occupied, that part of the access extending from the highway boundary for a minimum distance of 10m into the site shall be appropriately paved in tarmacadam, concrete, block paviours, or other approved materials.

Reason: To prevent loose surface material from being carried on to the public highway thus causing a potential source of danger to other road users.

 

9. The development hereby approved shall be implemented in full accordance with the Envirotech Letter dated 1st December 2020 [Ref 2824] submitted with the planning application including all of the mitigation recommendations set out in that report (on Page 6) .

Reason: To prevent adverse impact on great crested newts which are protected species 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

 

10. Prior to commencement of the development hereby approved (excluding demolition of existing buildings), a statement outlining:

(i) the range of measures to be incorporated into the proposed development in respect of sustainable construction techniques; and

(ii) details of a mechanism for undertaking of post construction assessment (including timetables for submission of assessments for approval and implementation of measures) shall be submitted to and agreed in writing by the Local Planning Authority. The post construction assessment shall then be submitted to and agreed in writing by the Local Planning Authority in accordance with the agreed timetables and the development shall be carried out in accordance with the provisions of the approved post construction assessment and sustainable construction techniques / measures.

Reason: To ensure the environmental integrity of the scheme is secured in accordance with Policy CDMP4 of the Wyre Local Plan and given that the sustainability credentials of the development contributed to the very special circumstances identified in allowing the development in the Green Belt.

 

11. No development shall take place (excluding demolition of existing buildings) until details of the existing and proposed ground, slab and finished floor levels have been 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: To ensure that the development has a satisfactory visual impact 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.

 

12. Prior to the commencement of development (excluding any demolition works), 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).

 

13. Prior to first occupation of any dwelling hereby approved, the scheme of noise insulation measures set out in Chapter 4 of the supporting Acoustic Assessment by Martin Environmental Solutions (Report No.1988-1, Dated October 2016) submitted with the application shall be implemented. 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).

 

14. The measures contained within the approved Arboricultural Impact Assessment by Jon Oliver Arboriculture, Method Statement and Tree Protection Plan Dated 18.08.2021 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.

 

15. No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority. These details shall include, areas of soft landscaping (including any retained trees, hedgerows and other planting and any replanted or transplanted hedgerows and replacement trees), hard surfaced areas and materials, planting plans specifications and schedules (including plant size, species and number/ densities), existing landscaping to be retained, and shall show how account has been taken of any underground services. The landscaping works shall be carried out in accordance with the approved details prior to first occupation or first use of any part of the development or otherwise in accordance with a programme agreed in writing by the Local Planning Authority and shall thereafter be retained and maintained. 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. The details are required to be approved prior to commencement of development to ensure landscaping is implemented at an appropriate time during the development.

 

16. 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.

 

17. No dwelling shall be first occupied until details of the refuse storage provision (including location, design and materials of construction) have been submitted to and approved in writing by the Local Planning Authority. The refuse storage area(s) shall be provided in accordance with the approved details prior to first occupation of any dwelling and shall thereafter be 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).

 

18. Prior to first occupation of any dwelling hereby permitted, a plan indicating the positions, design, materials and type of boundary treatment to be erected, shall be submitted to and approved in writing by the Local Page 117 Planning Authority. The approved boundary treatment shall be completed before the dwellings are first occupied. The approved details shall thereafter be maintained and retained.

Reason: In the interests of the appearance of the locality and the amenity of occupants in accordance with policy CDMP1 and CDMP3 of the Wyre Local Plan (2011-31).

 

19. Prior to first occupation, 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[1]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.

 

20. 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 dwellings 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 from the local planning authority first being obtained.

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 in accordance with Policies SP3 and CDMP3 of the Wyre Local Plan (2011-31).

 

21. Prior to first occupation of any dwelling hereby approved, the existing dwelling and agricultural buildings as shown in red hatched lines on the approved proposed site plan shall be entirely demolished and any leftover materials removed from the site.

Reason: The retention of the existing dwelling/ buildings would impact on the openness of the Green Belt and fail to achieve a high quality development, contrary to policies SP3 and CDMP3 of the Wyre Local Plan (2011-31) and the National Planning Policy Framework.