Agenda item

Erection of three dwellings (following demolition of existing light industrial buildings) (resubmission of 20/00835/FUL).

The application was brought to committee for determination at the request of Councillor Peter Cartridge.

 

A site visit occurred to enable members to understand the proposal beyond the plans submitted and the photographs taken by the Case Officer.

 

Wyre Borough Councillor for Great Eccleston Ward, Peter Cartridge, submitted a letter, writing in objection to the application.

 

Jake Salisbury, the agent, spoke on behalf of the applicant, in favour of the application.

 

Members raised questions on the following topics:

·         Flood risks on the site

·         Traffic issues with surrounding developments

·         Whether any contributions could be used by the Highways Authority to improve access in the area

 

The Head of Planning Services explained to members that when developments began on the A6, the County Council developed the A6 Barton to Garstang Sustainable Transport Strategy, with the intention of improving traffic flow and safety. He told members that they could ask the County Council for an update on works they had done in regards to this.

 

Councillor Orme asked that his unease over the access to the service station just opposite the application site, and his apprehension regarding the Highway Authority's decision on this, be minuted to record his concerns on road safety for the inhabitants of the application site and the wider public.

 

The Chairman recommended that members asked the Lancashire County Council Cabinet Member for Highways and Transport to visit the site to understand their concerns, as well as asking members to pass on their concerns to the parish council.

 

The Head of Planning Services responded to the concerns raised over flooding and traffic. He told members that on the face of it, this application would be contrary to policy; however, officers considered the visual impact of the site and the flood risk, and in comparing what could be implemented on the site versus what was already permissible, officers considered the application proposal to  be preferable. He responded to the concerns over traffic, and explained to members that the application would not be adding traffic to the area, thus the Highway Authority was not objecting to the application. According to the National Planning Policy Framework (NPPF), the committee would have to demonstrate a severe impact on highway safety to justify refusing the application for traffic/highway reasons but that a refusal on this basis was not supported by the responses from the relevant consultees.

 

 

Following discussion, it was proposed by the Chairman, Councillor Moon, seconded by the Vice Chairman, Councillor Ballard, that the application be approved, as per the officer recommendations subject to conditions as set out below.

 

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 3/12/20 including the following plans/documents:

             

·                         Site location plan GA3214-PL03-01G

·                         Site layout as proposed GA3214-PL03-03G

·                         Plans as proposed GA3214-PL03-05G

·                         Proposed elevations GA3214-PL03-06G

·                         Existing and proposed strip elevations GA3214-PL03-07G

             

The development shall be retained hereafter in accordance with this detail.

             

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

 

3.           No development 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), 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.

 

4.           No development shall take place until, 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 Planning Authority. The approved boundary treatment shall be completed before the dwelling(s) 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/neighbours in accordance with policy CDMP3 of the Wyre Local Plan (2011-31).

 

5.           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, and validation of the approved measures shall be submitted to, and approved by, the Local Planning Authority in writing on completion of the works.  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).         

 

6.           No development, clearance, demolition, site preparation or other works shall take place on the original stone-built portion of the building complex until the applicant or their agent or successors in title has secured the implementation of a programme of building recording, analysis and reporting work. This must be carried out in accordance with a written scheme of investigation, which shall first have been submitted to and agreed in writing by the Local Planning Authority. The programme of works should comprise the creation of a record of the building to level 2-3 as set out in "Understanding Historic Buildings" (Historic England 2016). It should include a full description of the building, inside and out, drawn plans, elevations and at least one section (which drawings may be derived from checked and corrected architect's drawings), and a full photographic coverage, inside and out. The record should also include a rapid desk-based assessment, putting the building and its features into context. The work must be undertaken by an appropriately qualified and experienced professional contractor to the standards and guidance of the Chartered Institute for Archaeologists. A copy of this record shall be submitted to the Local Planning Authority and the Lancashire Historic Environment Record before any dwelling hereby approved is first occupied.

             

Reason: To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the site in accordance with Policy CDMP5 of the Adopted Local Plan, and the NPPF.

 

7.           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, 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.

 

8.           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

·                         Bird Boxes

             

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.

 

9.           Prior to the commencement of the works on the dwellings hereby approved, the existing buildings at the application site, as shown on the approved site plan shall be entirely demolished, and any leftover materials removed from the site.

             

Reason: To protect visual amenity in accordance with Policies SP4 and CDMP3 of the Wyre Local Plan (2011-31) and the National Planning Policy Framework.

 

10.         Prior to the commencement of the development hereby approved, the agreed method statement for the control of Himalayan Balsam [Envirotech letter 13/6/2019] shall be implemented in full, unless carried out in accordance with an alternative timetable for implementation submitted to and approved in writing by the Local Planning Authority.

             

Reason: 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.

 

11.         No development above ground level shall be commenced until details of the materials to be used in the construction of the external surfaces of that dwelling(s) (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).

 

12.         The development hereby permitted shall be carried out in accordance with the approved Flood Risk Assessment (FRA) [GA3214; published on the LPA website on 14 January 2021] and flood emergency plan [published on the LPA website on 14 December 2021], and the following mitigation measures detailed within the FRA:

             

1.           The floor level of the properties is to be set at 12.80m AOD

 

2.          Flood proofing measures are to be incorporated into the building designs including:

 

·                         Forming the ground bearing slab in solid concrete

·                         Incorporate a non-return valve on the drainage system

·                         Connect incoming services at high level on the face of the building

·                         Locating all fittings, fixtures and services above design floor level

·                         Using UPVC skirting / architraves and flood resistant linings internally

·                         Using storm dry additives to mortar and masonry cream application to limit penetrating water to external masonry

·                         Used closed cell insulation to walls and floors

·                         Provide movable flood barriers for door openings

             

The mitigation measures shall be fully implemented prior to first occupation of the development or subsequently in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be approved in writing by the Local Planning Authority.

             

Reason: To reduce the risk of flooding to the proposed development and future occupants in accordance with Policy CDMP2 of the Wyre Local Plan (2011-31) and the National Planning Policy Framework.

 

13.         The ground and finished floor levels shall be constructed and completed in accordance with the approved details [Site layout as proposed GA3214-PL03-03G].

             

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).

 

14.         No dwelling hereby approved shall be first occupied until the parking shown on the approved plan [Site layout as proposed GA3214-PL03-03G] as relating to that dwelling has been laid out, surfaced and drained. The parking 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).

 

15.         Prior to the first occupation of the development hereby approved, the noise mitigation and control of odour measures set out in the supporting assessment submitted with the application [Acoustic and Odour Assessment January 2021 Report No: 2039-1] shall be implemented, and the following mitigation measures detailed within the assessment:

 

·                         6/12/6 double glazing unit that provide a sound reduction, Rw(C;Ctr), of 33(- 1;-3) for all the windows in the dwellings.

·                         The installation of an alternative ventilation system incorporating acoustic trickle ventilators for all windows to habitable rooms to the dwellings.

·                         The erection of a 2.0m high close boarded fence of at least 12Kg/m3 around the garden area

·                         Installation of positive input ventilation (PIV) system, with an additional carbon filter to remove odour and particulates, located within the roof space of the dwellings.

             

The approved noise and control of odour mitigation measures shall thereafter be retained and maintained.

             

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).

 

16.         An electric vehicle recharging (EVCP) scheme shall be submitted to and agreed in writing by the Local Planning Authority for all dwellings with parking provision unless it is demonstrated that such provision of EVCP is not practical in communal parking areas or due to other identified site constraints. No dwelling shall be occupied until the agreed electric vehicle recharging point scheme 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).

 

17.         No demolition, 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.

 

18.         The development hereby approved shall be implemented in full accordance with the Ecological Appraisal submitted with the planning application [Envirotech report reference 5347] including all the mitigation measures set out in that report.

             

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