Agenda item

Outline application for the erection of 10 dwellings with access from Little Tongues Lane / Boubles Lane and layout applied for (all other matters reserved)

Item 8 (b) – Selbys Pig Farm, Little Tongues Lane, Preesall, Poulton-le-Fylde, Lancashire, FY6 0PD

 

17/00267/OUTMAJ

 

Messrs Gornall & Dewhurst.  Outline application for the erection of 10 dwellings with access from Little Tongues Lane / Bourbles Lane and layout applied for (all other matters reserved).  Selbys Pig Farm, Little Tongues Lane, Preesall, Poulton-le-Fylde, Lancashire, FY6 0PD.

 

This application was before Members at the request of Councillor Orme. Committee Members had the benefit of a site visit before the public meeting to enable Members to understand the proposal beyond the plans submitted and the photos taken by the Case Officer.

 

Councillor Graham Holden left the room for this one item.

 

A Parish Councillor for Preesall spoke to the Committee, objecting to the application.

 

The Committee considered that an additional condition regarding drainage would be required on any approval. The Committee considered that the amenity provided by a group of trees should be maintained.

 

The application was approved as per the recommendation in the report of the Head of Planning Services subject to (i) a revised plan amending the point of access onto Little Tongues Lane and handing the dwelling on that plot along this frontage (if required, following confirmation of the exact location of the group of tree(s) ), to avoid the need to remove those trees at that site access to the satisfaction of the Head of Planning Services and (ii) to the conditions and reasons set out in the report and to the additional condition and reason which are together set out below:

 

 

 

Condition and Reasons: -

 

1.  In the case of any reserved matter, namely, appearance, landscaping, 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 30/03/2017 including the following plans/documents:

           

Revised Site Layout Plan (Showing Levels) (streetscene elevation) Drawing Number LF/SG/3301

Revised Site Layout Plan Drawing Number LF/SG/3201 Rev A

Site Location Plan  

In respect to Layout Floor Plans (Elevations and scale remain illustrative):

Garage Layout Drawing Number LF/SG/3203

Dwelling Floor Plans Drawing number LF/SG/3202

           

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 the National Planning Practice Guidance and the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015), or any subsequent replacement national guidance / standards, 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 and to prevent an undue increase in surface water run-off to reduce the risk of flooding in accordance with Policy ENV15 of the Adopted Wyre Borough Local Plan (July 1999) 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.

 

4.  No tree felling, tree works or works to hedgerows shall take place during the optimum period for bird nesting (March to July 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 11 of the National Planning Policy Framework (March 2012).

 

5.  No development shall take place until full details of biodiversity enhancements within the site have been submitted to and approved in writing by the Local Planning Authority. These details shall include, but not be exclusive to, areas of soft landscaping (including any retained trees, hedgerows and other planting and any replanted or transplanted hedgerows), and schedules of any new trees and landscape planting (including plant size, species and number/ densities and mitigation for nesting bird habitat).

           

Any trees or shrubs planted in accordance with this condition which are removed, uprooted, destroyed, die, or become severely damaged or seriously diseased within 5 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 the provisions of Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999) and to ensure compliance with the Wildlife and Countryside Act 1981 and section 11 of the National Planning Policy Framework.

 

6.  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.  The potential for contamination must therefore be addressed in order to safeguard the development in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999).

 

7.  a) No development approved by this permission shall be commenced 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.

           

b) The scheme 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 SP14 and ENV15 of the Adopted Wyre Borough Local Plan (July 1999).

 

8.  The development hereby permitted shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) (Ref: 2016-C-154 Preesall; received by Wyre Borough Council on 8 March 2018) prepared by CTC Infrastructure and the following mitigation measures detailed within the FRA:

           

1. Finished floor levels are set no lower than 6.44 metres above Ordnance Datum (mAOD)

 

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

           

Reason: To reduce the risk of flooding to the proposed development and future occupants.

 

9.  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 development takes place within the site.

           

Reason: To ensure that satisfactory access is provided to the site before the development hereby permitted becomes operative in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999).

           

10.  The visibility splays shown on plan reference LF/SG/3201/A identified as that land in front of a line drawn from a point 2.4m measured along the centre line of the proposed access from the continuation of the nearer edge of the carriageway of Little Tongues Lane and Bourbles Lane to a point measured 25m along the nearer edge of the carriageway of Little Tongues Lane and Bourbles Lane from the centre line of the proposed access shall be provided prior to first occupation of the development and shall not at any time thereafter be obstructed by any building, wall, fence, hedge, tree, shrub or other device exceeding a height not greater than 1 metre above the crown level of the adjacent highway.

           

Reason: To ensure the safe, efficient and convenient movement of all highway users, for the free flow of traffic, in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999).

 

11.  Prior to the commencement of development a scheme for the construction of the site access and the off-site works of highway improvement [namely, the new 2m wide pedestrian foot path on the western side of Little Tongues Lane from the northern boundary of No. 9 Little Tongues Lane to the southern boundary of Ivy Dean], including a timetable for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The site access and off-site works of highway improvement shall be constructed and completed in accordance with the approved scheme details.

           

Reason: In order to satisfy the Local Planning Authority that the final details of the highway scheme/works are acceptable before work commences on site in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999). 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.  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 development takes place within the site and shall be further extended before any development commences fronting the new access road. The road with all supporting infrastructure (drainage, footways, lighting and traffic calming measures) shall be completed prior to that phase of development being substantially constructed.

           

Reason: To ensure that satisfactory access is provided to support each phase of site construction hereby permitted in the interests of highway safety in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999).

           

13.  Prior to the commencement of development a Traffic Management Plan (TMA) shall be submitted to and approved in writing by the Local Planning Authority (in conjunction with the highway authority). The TMA shall include and specify the provisions to be made for the following:-

           

o          The parking of vehicles of site operatives and visitors;

o          Loading and unloading of plant and materials used in the construction of the development;

o          Storage of such plant and materials;

o          Wheel washing facilities;

o          Periods when plant and materials trips should not be made to and from the site (mainly peak hours but the developer to identify times when trips of this nature should not be made)

o          Routes to be used by vehicles carrying plant and materials to and from the site;

o          Measures to ensure that construction and delivery vehicles do not impede access to adjoining properties.

           

The development shall be carried out in accordance with the approved TMA

           

Reason: to protect existing road users and to maintain the operation and safety of the local highway network and to minimise the impact of the construction works on the local highway network.

 

14.  The development hereby approved shall not be first occupied or brought into use until the parking / turning area(s) shown on the approved plan LF/SG/32011A has been laid out, surfaced and drained. The parking / turning area(s) shall not thereafter be used for any purpose other than for the parking and manoeuvring of vehicles.

           

Reason: To ensure that adequate off road parking is provided to serve the development in the interests of highway safety and in accordance with the provisions of Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999).

 

15. Prior to the commencement of the development, a plan indicating the design and appearance of the drainage structure required to facilitate a road crossing over the drain(s) running across the site shall be submitted to and approved in writing by the Local Planning Authority. The approved drainage structure shall be completed before the new site access at the corner of Little Tongues Lane and Baubles Lane is first used and shall be retained thereafter.

 

Reason: To safeguard the existing drainage systems to ensure a safe form of development that poses no unacceptable risk of flooding in accordance with Policy ENV15 of the Adopted Wyre Borough Local Plan (1999).

 

 

Notes: -

 

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

 

2.     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.

 

3.  The grant of planning permission does not authorise any closure, obstruction or diversion of a public right of way. Any proposed stopping-up or diversion of a public right of way should be the subject of an Order under the appropriate Act and Lancashire County Council should be contacted for advice in the first instance.