Agenda item

Erection of 93 dwellings with associated car parking, landscaping, open space improvements and access from Norcross Lane.

The application was brought before committee for determination at the request of Councillor Baxter. 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 included the consultation response from the Local Education Authority, in which they stated they objected to the application. It also contained amendments to conditions 2 and 23.

The Head of Planning Services addressed the committee further on the issues surrounding the sought school land contribution including noting lack in the methodology for calculating such contributions and advising that any such contribution was required to be commensurate with the level of need and fairly and reasonably related to a proposed development.

 

Wyre Borough Councillor for Victoria and Norcross Ward, Callum Baxter, spoke and asked for clarification on concerns raised by residents.

 

Graham Love, the agent, spoke in favour of the application.

 

Members asked questions on the proposed housing mix and traffic concerns in the area. They also expressed disappointment that the previous application for the site to be developed into a retail park had not gone through.

 

The Head of Planning Services responded to questions from members. He told members that Lancashire County Council as Highway Authority, were happy that the road itself and any imposed speed limits were safe for both vehicles and cycles, and had not identified any risks in terms of traffic or vehicle speed.

In terms of the housing mix, he confirmed that the percentages of housing mix identified were set out in the housing market assessment that was completed before the Local Plan had been adopted, and was a borough-wide analysis. The policy acknowledged that the mix should be assessed by a further assessment to provide an appropriate mix to meet identified housing needs and local market demand. He told members that the developer had been asked to provide an assessment and a justification for this, and officers were happy that this provided an appropriate mix of houses based on size, type and tenure.

 

Following discussion, it was proposed by Councillor Le Marinel, and seconded by Councillor I Amos, that the application be approved, as per officer recommendations, subject to receipt of a revised site plan (removing tenures) the conditions set out below, and a Section 106 legal agreement to secure on-site affordable housing (10%) and green infrastructure and financial contributions towards health care and Travel Planning. That the Head of Planning Services be authorised to issue the decision following the satisfactory completion of the Section 106 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 1st September 2021 including the following plans/documents:

 

Plans:

- Site Location Plan Drg No.19053_00, received 22nd September 2021;

- Site Layout (Phase 4) Drg No. M102/PL/05C, received 18^th February 2022;

- Off-site highway works Drg No.3433-F02;

- Drainage Strategy Drg No.17027/100/1 Rev A received 10th February 2022;

- P.O.S Layout & Sections, received 10th February 2022;

- Boundary Treatment Drg No. M102/BT/05a, received 8th February 2022;

- S278 Schematic Plan Drg No.3433 F02;

- External Works Phase 4 Sheet 10 of 10 Drg No.EW 2.10, received 18^th February 2022;

- External Works Phase 4 Sheet 11 of 11 Drg No.EW 2.11, received 18^th February 2022.

 

House Types:

- Drg No. Gar 1.7 Grasmoor (Brick)

- Drg No. Gar 1.71 Grasmoor (Brick Render)

- Drg No. Bou 1.7 (Boulsworth Brick)

- Drg No. Bro 1.71 (Boulsworth Brick Render)

- Drg No. Bro 1.7 (Bromley Brick)

- Drg No. Bro 1.7 (Bromley Brick Render)

- Drg No. She 1.7 C (Sherbourne)

- Drg No. Arni 1.7 (Arnison)

- Drg No. Ash 1.7 (Ashdown)

- Drg No. Ash 1.71 (Ashdown render)

- Drg No. Cha 1.7 (Chatham)

- Drg No. Hea 1.7 (Healey Brick I)

- Drg No. Hea 1.7 (Healey Brick II)

- Drg No. Mai 1.7 (Maidstone)

- Drg No. Oak 1.7 (Oakshurst)

- Drg No. Wel 1.7 (Welland)

- Drg No. Whern 1.7 (Whernside)

 

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 above ground level shall be commenced until details of the materials to be used in the construction of the external surfaces of that dwelling (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).

 

4.           The development hereby permitted shall be carried out in accordance with the letter by REFA Consulting Engineers (response to LLFA dated 4th October 2021) and the approved Flood Risk Assessment (FRA) by KRS Environmental (Ref: KRS.0571.001.R.001.A) and the following mitigation measures detailed within Chapter 8.6 of the FRA:

             

·                         Properties should be located above the back of the footway of the adjacent car park by 150mm to enable the full capacity of any secondary flood conveyance to be utilised.

 

The mitigation measures shall be fully implemented prior to first occupation of any dwelling 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.

 

5.           No dwelling shall be first occupied until the drainage works have been completed in accordance with the approved details shown on Drainage Strategy Drg No.17027/100/1 Rev A.  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 CDMP2 of the Wyre Local Plan (2011-31) and the National Planning Policy Framework.

 

6.           No development shall commence until details of how surface water will be managed during each construction phase have been submitted to and approved in writing by the local planning authority. Those details shall include as a minimum measures taken to ensure surface water flows are retained on-site during construction phases and, if surface water flows are to be discharged they are done so at a restricted rate. 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 to ensure compliance with policy CDMP2 of the Wyre Local Plan.

 

7.           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.

 

8.           Prior to commencement of the development hereby approved, a scheme for the Biodiversity Enhancement Measures, as set out in section 5 of the Ecological Survey And Assessment by ERAP (Consultant Ecologists) Ltd (ref: 2021-240) dated August 2021, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to first occupation of the development (or in accordance with a phasing plan which shall first be agreed in writing with the local planning authority) and shall be retained thereafter.

             

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.

 

9.           Prior to first occupation of any dwelling, 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.

 

10.         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.

 

11.         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).

 

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

             

Reason:  In the interests of the appearance of the site and locality, in accordance with policy CDMP3 of the Wyre Local Plan (2011-31). The condition is required to be approved prior to commencement of development to ensure that full details are provided, that have not been forthcoming with the application.

 

13.         Prior to first occupation of the development hereby approved, details of the location, type and charging speed of electric vehicle charging points for all dwellings with parking provision shall be submitted to and approved in writing by the local planning authority 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).

 

14.         Prior to first occupation of any dwelling hereby approved the off-site works shown on Drg No.3433-F02 of highway improvement, namely:-

             

·                         provision of the site access to Norcross Lane; and

·                         provision of the shared footway / cycle lane to the Norcross Lane frontage of the development

 

shall be carried out, unless an alternative timetable for implementation is submitted to and approved in writing by the Local Planning Authority.  The off-site highway works shall be carried out in accordance with any alternative approved timetable for implementation.

             

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

 

15.         No dwelling hereby approved shall be first occupied until the parking / turning area(s) shown on the approved plan Drg No. M102/PL/05b as relating to that dwelling has been laid out, surfaced and drained. The parking / turning area(s) shall thereafter be retained and maintained and not used for any purpose other than for the parking and manoeuvring of vehicles 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).

 

16.         (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 / for a distance of 10 metres into the site from the highway before any other development takes place within the site.

             

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

             

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

             

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

 

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

             

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

             

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

             

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

             

(d)    contractors' compounds and other storage arrangements

             

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

             

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

             

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

             

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

             

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

             

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

             

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

             

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

             

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

 

18.         Prior to the first occupation of any of the dwellings hereby approved, a full Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The approved Travel Plan (and an associated Travel Plan Co-ordinator as specified in the approved Travel Plan) shall be implemented and operational from the point of the first occupation of any of the dwellings hereby approved for a period of not less than five years from the date of full occupancy of the development.

             

Reason: To promote sustainable development by encouraging sustainable travel modes and reducing dependence on private motor vehicles in accordance with Policy CDMP6 of the Wyre Local Plan (2011-31) and the National Planning Policy Framework.

 

19.         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 garages hereby approved 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 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).

 

20.         No part of the development shall be commenced 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 or first use of the development 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). The details are required prior to the commencement of the development because they were not submitted with the application.

 

21.         The approved boundary treatment shall be completed in accordance with Drg No. M102/BT/05a, received 8th February 2022, before the dwelling to which the boundary relates 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 [DELETE AS APPROPRIATE] in accordance with policy CDMP3 of the Wyre Local Plan (2011-31).

 

22.         The development hereby approved shall be carried out in full accordance with Drg No. M102/PL/05b and Drg No. Whern 1.7 and plots 241, 242, 276, 277, 278, 279, 280, 281, 282, 283, 285, 286, 289, 290, 303, 304, 327, 328 and 329 shall be provided to M4(2) standard of the Building Regulations, and retained and maintained at all times thereafter as accessible and adaptable lifetime homes.

             

Reason: To meet the needs of the ageing population and people with restricted mobility in the borough in accordance with Policy HP2 of the Wyre Local Plan (2011-31) and the provisions of section 5 of the NPPF.

 

23.      The ground, slab and finished floor levels shall be constructed and completed in accordance with the approved details shown on Drg No.EW 2.10 and Drg No.EW 2.11, received 18^th February 2022.

 

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

 

24.         Prior to the first occupation of the dwellings listed below of the development hereby approved, the windows specified below shall be:

             

i)            obscure glazed at a scale of 5 (where 1 is hardly obscured and 5 is totally obscured), and

             

ii)           non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

             

·                         First floor window serving the en-suite in the side elevation of House Types Boulsworth 1.7 / Boulsworth Brick Render 1.71 - Plot 321;

·                         First floor windows serving landing and bathroom in rear elevation of House Types Bromley 1.7 / Bromley Brick Render 1.7 - Plots 243, 318;

·                         First floor window serving landing in side elevation of House Type Sherbourne 1.7 - Plots 219;

·                         First floor window serving landing in side elevation of House Types Ashdown 1.7 / Ashdown Render 1.71 - Plots 257, 259, 266, 294, 302, 306, 316, 324;

·                         First floor windows serving landing and en-suite in side elevations of House Type Maidstone 1.7 - Plots 254, 263, 298, 301, 312;

·                         First floor windows serving landing and bathroom in side elevations of House Type Oakhurst 1.7 - Plots 269, 292, 307, 308, 323;

·                         First floor windows serving landing and bathroom in side elevations of House Type Welland 1.7 - Plots 245, 246, 250, 260, 264, 270, 271, 272, 273, 275, 291, 305, 325.

             

The windows (including any subsequent repaired or replacement window) shall be maintained and retained thereafter in accordance with this detail.

             

Reason: To safeguard the privacy of adjoining residents and in accordance with Policy CDMP3 of the Wyre Local Plan (2011-31).

 

25.          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 on Plots 276, 277, 282, 283, 327, 328 shall not be altered or extended, nor shall any building, structure or enclosure be erected within the curtilage of the dwelling(s) without planning permission.

             

Reason: To ensure that the Local Planning Authority have control over any future development of the dwellings in the interests of preserving the character and amenity of the area and the residential amenity of occupants / neighbours in accordance with Policy CDMP3 of the Wyre Local Plan (2011-31).

 

26.         The area of public open space shall be developed and completed in accordance with the approved sections and levels details shown on Drg No.POS/P4/02 prior to first use of the development hereby approved.

             

Reason: To ensure that the development has a satisfactory visual impact and the public open space would be practical for all users in accordance with Policies CDMP2 and CDMP3 of the Wyre Local Plan (2011-31). 

 

After consideration of this item Councillor Ballard left the meeting.