Agenda item

Application A - Land East of Carr End Lane, Stalmine-with-Staynall, Lancashire (20/00773/FULMAJ)

Erection of 74 dwellings, with associated car parking, landscaping and all other associated works.

Minutes:

The application was brought before committee for determination at the request of Councillor Bowen. The application site also fell within an allocated site in the Wyre Local Plan and was of strategic importance.

 

A site visit occurred to enable members to understand the proposal beyond the plans submitted and the photographs 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 updated consultation response from the Education Authority requesting a financial contribution towards primary and secondary school places; there was also an amendment to report para 9.30, as well as amendments to conditions 2, 4, 9, and 18 with revised plans having been received.

 

Letters of representation had been received from Wyre Borough Councillor for Hambleton and Stalmine Ward, Julie Robinson, and Lancashire County Councillor John Shedwick.

 

Katie Delaney, the agent, spoke in favour of the application.

The developer’s drainage consultant, Richard Nicholas, was in attendance and responded to questions from the committee.

 

Members raised significant concerns about the increased number of dwellings on the development as well as the flood risks from this, noting the lack of a detailed drainage plan. There were also concerns over the interconnectivity of the site with the other phases of the development.

 

The Head of Planning Services responded to the concerns raised by members. He told members that the application site had already been granted planning permission for 65 dwellings, which had included on-site green infrastructure (GI). The application before members included both an on-site local area of play as well as an off-site contribution.

He explained to members the issues relating to the interconnectivity of the two development sites, as there was a strip of land between them, however officers did not believe that this caused a significant issue to development.

In relation to the flood risk raised by members, the Head of Planning Services said that the developer was not under any obligation to improve the current situation, just to ensure the proposed development  did not cause more harm. Relevant authorities have powers to require that landowners repair and maintain their drainage systems should there be any issues.

 

 

Following discussion, it was proposed by Councillor Ballard, and seconded by Councillor I Amos, that the application be approved, as per officer recommendation, subject to the following conditions and a Section 106 Legal Agreement to secure education, health, travel plan, and green infrastructure contributions, and provision of 30% on site affordable housing. That the Head of Planning Services be authorised to issue the decision following the satisfactory completion of the S106 legal agreement.

 

Conditions: -

 

1.           The development must be begun before the expiration of three years beginning with the date of this permission.

               

Reason: This condition is required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.         The development shall be carried out, except where modified by the conditions to this permission, in accordance with the Planning Application received by the Local Planning Authority on 20.08.2020 including the following plans/documents:

 

- Drawing No. 00 Site Location Plan

- Drawing No. 01 Rev P12 Proposed Site Layout received 21st February 2022

- Drawing No. ET-P1 Eton House Type (Floor Plans)

- Drawing No. ET-P2 Eton House Type (Elevations)

- Drawing No. OX-P1 Oxford House Type

- Drawing No. STE-P1 Stephenson House Type (Floor Plans)

- Drawing No. STE-P2 Stephenson House Type (Elevations)

- Drawing No. SHA-P1 Shakespeare House Type

- Drawing No. NT-P1 Newton House Type

- Drawing No. JEN-P1 Jenner House Type (Floor Plans)

- Drawing No. JEN- P2 Jenner House Type (Elevations)

- Drawing No. WRE-P1 Wren House Type

- Drawing No. WREB-P1 Wrenbury House Type

- Drawing No. 3.352/P/BU/L10 300 Rev # Shackleton House Type

- Drawing No. TRE-P1 Trevithick House Type

- Drawing No. BRD-P1 Baird House Type

- Drawing No. BL-P1 Bell House Type

- Drawing No. CHIN-P1 Chinley House Type (Types A, Type B and Type C) Floor Plans and Elevations

 

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 express planning permission from the Local Planning Authority no development above ground level shall be commenced until details of the materials to be used in the construction of the external surfaces of any dwelling and garage (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.

             

For the avoidance of doubt and brick walls to the gardens of the properties should match any brick used to construct the host dwelling and carried out in accordance with the approved details.

             

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

 

4.         The development shall take place in accordance with the submitted Drawing No. 04 Rev B (Boundary Treatment Layout) and the following plans:

 

- Drawing No. FD-001 Rev P1 (1.8m Screen Wall/Fence)

- Drawing No. FD-004 Rev P1 (1.8m Feather Edged Fence)

- Drawing No. FD-007 Rev P1 (0.45m Knee Rail)

- Drawing No. FD-008 (0.9m Post & Rail Fence)

- Drawing No. FD-009 (1.8m Hit & Miss Fence)

 

For the avoidance of doubt, the boundary screening walls and entrance feature walls shall be constructed in brick to match the proposed brick to the walls of the associated host property. 

 

The approved boundary treatment to all individual dwellings and apartment blocks shall be completed before the associated dwelling is first occupied; the boundary treatments to the site entrance shall be installed prior to first occupation of any dwelling hereby approved; and the boundary treatments to the play area and shall be installed prior to their first use. 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 Adopted Wyre Borough Local Plan (WLP31).

 

5.           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.

             

The scheme details shall include, as a minimum:

             

a)           Information about the lifetime of the development design storm period and intensity (1 in 30 & 1 in 100 year + allowance for climate change as set out within the Environment Agency's advice on Flood risk assessments: climate change allowances' or any subsequent replacement EA advice note), discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance and easements where applicable, the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters, including watercourses, and details of floor levels in AOD;

             

b)           Demonstration that the surface water run-off would not exceed the pre-development greenfield runoff rate;

             

c)           Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant);

             

d)           Flood water exceedance routes, both on and off site;

             

e)           A timetable for implementation, including phasing as applicable;

             

f)            Evidence of an assessment of the site conditions to include site investigation and test results to confirm infiltrations rates;

             

g)           Details of water quality controls, where applicable.

             

For the avoidance of doubt, surface water must drain separate from the foul and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly.

             

No part of the development shall be first occupied or brought into first use until the drainage works and levels have been completed in accordance with the approved scheme. Thereafter the agreed scheme shall be retained, managed and maintained in accordance with the approved details.

             

Reason: To promote sustainable development using appropriate drainage systems, ensure a safe form of development that poses no unacceptable risk of pollution to water resources or human health, to prevent an undue increase in surface water run-off to reduce the risk of flooding and in the interests of visual and residential amenity in accordance with Policy CDMP2 of the Adopted Wyre Borough Local Plan (WLP31) 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.

 

6.           Prior to the commencement of development save site soil strip and preparation, 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.

 

7.           No development shall commence until details of how surface water and pollution prevention will be managed during construction have been submitted to and approved in writing by the local planning authority. Those details shall include, as a minimum:

             

a)           Measures taken to ensure surface water flows are retained on-site during construction phase(s) and, if surface water flows are to be discharged they are done so at a restricted rate to be agreed with the Lancashire County Council LLFA.

             

b)           Measures taken to prevent siltation and pollutants from the site into any receiving groundwater and/or surface waters, including watercourses, with reference to published guidance.

             

The development shall be constructed in accordance with the approved details.

             

Reasons: To ensure the development is served by satisfactory arrangements for the disposal of surface water during each construction phase(s) so it does not pose an undue flood risk on site or elsewhere; and to ensure that any pollution arising from the development as a result of the construction works does not adversely impact on existing or proposed ecological or geomorphic condition of water bodies.

 

8.           The development hereby permitted shall be carried out in accordance with the approved Flood Risk Assessment and Drainage Strategy Report (FRA) [Ref: HYD538_CARR.END.LANE_FRA&DMS Rev 1.0 Dated 10/09/2020] prepared by Betts Hydro and the following mitigation measures detailed, including those within section 4.8 of the FRA:

             

1.           No surface water from the site shall discharge to the public foul system, either directly or indirectly

2.           All existing watercourses are to remain open with 5m easement for access. No existing watercourse shall be culverted.

3.           Finished floor levels of the buildings set 150mm above existing ground levels

4.           No build offset of between 6m and 8m expected to be required to the watercourse parallel the western site boundary

5.           Any overland flows generated by the development to be carefully controlled.

6.           Surface water run-off generated by the proposals to be managed effectively with the peak rates of run-off being restricted to the pre-development greenfield situation

7.           Onsite surface water drainage system sized to contain the 1 in 30yr return period event below ground with exceedance from storm events up to and including the 1 in 100yr return period storm event with a 40% allowance for climate change being contained onsite

8.           Any drainage systems not be offered for adoption to either United Utilities, an appropriate maintenance regime should be scheduled with a suitably qualified management company for these private drainage systems

             

The mitigation measures shall be fully implemented prior to first occupation of the respective dwellings 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.

 

9.         The development shall take place in strict accordance with the levels and road levels on approved Drawing No’s 05 (Site Sections) received 14th February 2022 and Drawing No. 01 Rev P12 (Proposed Site Layout) received 21st February 2022, unless alternative ground and finished floor levels are submitted and approved in writing by the Local Planning Authority prior to such change taking place. The ground 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 a minimum risk of flooding, in accordance with Policies CDMP2 and CDMP3 of the Wyre Local Plan (2011-31).

             

10.         Prior to first occupation of any dwelling hereby approved the following off-site works of highway improvement shall be carried out, unless an alternative timetable for implementation is submitted to and approved in writing by the Local Planning Authority, in which case the off-site highway works shall be carried out in accordance with any alternative approved timetable for implementation: -

             

a)           Site access including provision of tactile paving

             

b)           Off-site works to include a zebra crossing and upgrade two bus stops on A588 Mill Lane near the junction of Smithy Lane, and provision of a 2m footpath, street lighting and changes to kerb line on Carr End Lane.

             

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).

 

11.         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 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 construction period; complaint management and arrangements for liaison with the Council's Environmental Protection Team

             

(c)         hours and days of 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 construction period

             

(f)          arrangements during the construction period to minimise the deposit of mud and other similar debris on the adjacent highways (e.g. wheel washing facilities, power wash, and road sweeping) including details of how, when and where the facilities are to be used;

             

(g)         the routeing of construction traffic and measures to ensure that drivers use these routes as far as is practicable, and periods when plant and materials trips should not be made to and from the site (developer to identify times when trips of this nature should not be made)

             

(h)         external lighting of the site during the 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 construction work

                       

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

             

(l)           measures to ensure that construction and delivery vehicles do not impede access to adjoining or nearby properties

             

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 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).

 

12.         The visibility splays of 2.4 metres by 49 metres in a northerly direction and 2.4 meters by 53m in a southerly direction from the site access  (as shown on submitted drawing no. A117134-P001 Rev A) measured along the centre line of the proposed new road from the continuation of the nearer edge of the existing carriageway of Carr End Lane, 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).

 

13.         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).

 

14.         (a) The new estate road for the development shall be constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least base course level up to the entrance of the site compound before any other development takes place within the site.

             

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

             

(c)          In the event 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).

 

15.         The development hereby approved shall not be first occupied or brought into use until the parking / turning area(s) shown on the approved Drawing No. 01 Rev P12 (Proposed Site Layout), 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.

             

For the avoidance of doubt the two parking spaces incorrectly labelled as 19 on this plan shall be used as t wo parking spaces to serve plot 18.

             

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 CDMP6 of the Adopted Wyre Borough Local Plan (WLP31).

 

16.         Prior to the commencement of development a detailed site investigation shall be carried out in accordance with a written methodology, which shall first have been submitted to and approved in writing by the Local Planning Authority.  If remediation measures are then considered necessary, a scheme for decontamination of the site shall be submitted to, and approved by, the Local Planning Authority in writing and the approved scheme implemented prior to the development of the site.  In the event that remediation measures are necessary, validation of the approved measures 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).

 

17.         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).

 

18.      No development shall take place until full details of hard landscaping works have been submitted to and approved in writing by the Local Planning Authority. These details shall include the hard surfaced areas and materials (type, colour and finish, bound or porous), and shall show how account has been taken of any underground services.

 

The soft landscaping works for the development shall be carried out in full accordance with the approved soft landscaping details as shown on Landscape Proposal drawing no.s 5090.05 Rev A and 5090.06 Rev A received 28th February 2022, prior to first use of any dwelling, 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.

 

19.         No removal of or works to any hedgerows, trees or shrubs shall take place during the main bird breeding season 1st March and 31st July inclusive, unless a suitably qualified ecologist has undertaken a detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority before any vegetation is cleared.

             

Reason: In order to ensure that nesting birds are not unacceptably affected, in accordance with the National Planning Policy Framework, and Policy CDMP4 of the Adopted Wyre Local Plan 2011-2031.

 

20.         Notwithstanding the submitted Arboricultural Impact Assessment and Appendices, prior to the commencement of development a Tree Protection Plan for TPO/179 (oak tree on Land East of Carr End Lane) and the extent of hedgerow to remain adjacent to the tree, 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. All other retained trees and hedgerows on and adjacent to the site shall be protected in accordance with the measures set out in the submitted Arboricultural Impact Assessment and Appendices.

             

Such measures, including the Tree Protection Plan for TPO/179, 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 the Tree Preservation Order and adjacent hedgerow and all trees and hedgerows identified as being retained 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, in particular for the Protected Tree.

             

 

21.         (A) Prior to commencement of development, a method statement shall be submitted giving details of measures to be taken to avoid any harm to amphibians during the course of construction works. Once agreed, the method statement must be implemented in full.

             

(B)         If any of the trees identified in the Ecology Survey and Assessment report as having the potential to support roosting bats need to be removed they must first be inspected for the possible presence of bats by a suitably qualified person. If bats are found a method statement must be prepared and submitted to the Local Planning Authority for written approval, giving details of measures to be taken to avoid or mitigate any possible harm to bats. Those approved mitigation measures shall then be implemented.

             

Reason: To prevent possible harm to ecology if the development were commenced without the necessary mitigation measures in accordance with the Wildlife and Countryside Act 1981, Policy CDMP4 of the Wyre Local Plan (2011-31) and section 15 of the National Planning Policy Framework.

             

22.         Prior to the commencement of development a Scheme of ecological enhancement (otherwise referred to as a Landscape and Habitat Creation and Management Plan), 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):

             

·                         Bird nesting boxes

·                         Bat boxes

·                         Introduction of nectar and fruit bearing plants

·                         Porous boundaries (where possible)

 

Reason:  To ensure the long term management and maintenance of open space within the site in the interests of ecology, in accordance with Policy CDMP4 of the Wyre Local Plan (2011-31).

 

23.         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-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.

 

24.         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, and any EVCP should 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).

 

25.         The development hereby approved shall be carried out in full accordance with Drawing No. 01 Rev P12 (Proposed Site Layout) showing plots 4, 12, 16, 17, 30, 32-34 (inclusive), 38, 39, 56, 61, 62, 67 and 68 (15no. units) as the adaptable plots along with wider parking space provision. These plots shall be provided to M4(2) standard of the Building Regulations as set out in the submitted Accessible Housing Statement (House Types - Adaptable Dwellings) by Anwyl Homes, and retained and maintained at all times thereafter as accessible and adaptable 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.

 

26.         The development shall be designed so that noise levels at each and every dwelling do not exceed the following levels as assessed in accordance with British Standard 8233:2014 guidelines and WHO guidelines (or any subsequent replacement national standards/guidance):

             

·                         50dB LAeq 16 hours (07.00 to 23.00) in gardens and outside living areas, daytime

·                         35dB LAeq 16 hours (07.00 to 23.00) - indoors, daytime

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

·                         45dB LAFmax (23.00-07.00) - indoors, night-time

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

·                         60 dB LAFmax 4 hours-(19.00-23.00) façade level night time

             

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).

 

27.         Prior to the construction of any dwelling on the site full details of the local area of play (LAP) shown on Drawing No. 01 Rev P12 (Proposed Site Layout) shall be submitted and agreed, and this play area shall be installed in accordance with the approved details and available for use prior to first occupation of the 35th dwelling, unless an alternative timetable is first agreed in writing with the Local Planning Authority.

                       

Reason: To ensure there is sufficient provision for play for all occupants of the site in a timely manner in accordance with Policy HP9 of the Adopted Local Plan 2011-312 (WLP31).

 

28.         An Open Space Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all areas of open space, other than privately owned domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of any dwelling whichever is the sooner for its permitted use.  The Management Plan shall be implemented in accordance with the approved details during the lifetime of the development.

             

Reason:  To ensure the long term management and maintenance of open space within the site in the interests of visual amenity and the health and wellbeing of occupants in accordance with Policies SP8 and HP9 of the Wyre Local Plan (2011-31).

 

29.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order):

             

(a)             no fences, gates or walls other than those shown on approved Drawing No. 01 P11 (Proposed Site Layout), shall be erected along the front or side boundaries of any dwellinghouse forward of the main front elevation or side elevation of that dwellinghouse; and

 

(b)         no areas of soft landscaping to the front of properties shall be removed to make provision for additional car-parking.

             

Reason: The development has been designed with an open plan layout and a variety of individual walls/fences would seriously detract from the overall appearance of the development. The loss of front landscaping areas would also seriously detract from the overall streetscene which would become dominated by car parking. This would be contrary to Policy CDMP3 of the Wyre Borough Local Plan (WLP31) and the provisions section 12 of the NPPF.

 

30.         Notwithstanding the provisions of Schedule 2 Part 1 Classes A-D of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking or re-enacting that Order with or without modification), the dwellings on plots 35-37 and 49-51 inclusive, hereby approved shall not be altered or extended, without express 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 / neighbours of these particular plots in accordance with Policy CDMP3 of the Wyre Local Plan (2011-31).

 

31.         Notwithstanding the provisions of Schedule 2, Part 1 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 garage(s) hereby approved for plots 17, 32, 33, 38, 56, 61, and 62, shall be retained solely for the housing of a private motor vehicle, and at no time shall any works be undertaken that would prevent it from being used for that purpose without prior express planning permission from the Local Planning Authority.

             

Reason: To ensure that there is sufficient off-highway parking for these three bedroom units which require two parking spaces and which without the garages would only have one external parking space, to ensure the on-site vehicle parking provision is maintained to avoid the standing of traffic on the adjoining highway to the detriment of the safety and free flow of traffic thereon, and in the interest of the amenity of the street scene, in accordance with Policies CDMP3 and CDMP6 of the Wyre Local Plan (2011-31).

 

 

Supporting documents: