Decision details

 

Mr T Myers spoke in support of the application and Mr A Upton of Hothersall Parish Council spoke against the application.

 

RESOLVED THAT COMMITTEE:

 

GRANT planning permission subject to the following conditions:-

 

1.         The development must be begun not later than the expiration of three years beginning with the date of this permission.

 

REASON:  Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004

 

2.         Unless explicitly required by condition within this consent, the development hereby permitted shall be carried out in complete accordance with the proposals as detailed on drawings:

 

EAD_203_01: Location Plan

EAD_203_03 Rev: C6: Proposed Site Plan

EAD_203_04 Rev: C3: Proposed Floor Plan Block 1

EAD_203_05 Rev: C4: Proposed Elevations Block 1

EAD_203_06 Rev: C2: Typical building Plan and Elevation

EAD_203_08 Rev: C2: Proposed Site section

EAD_203_09 Rev: C3: Proposed Floor Plan Block 2

EAD_203_10 Rev: C1: Proposed Floor Plan Block 3 & 4

EAD_203_11 Rev: C4: Proposed Elevations Block 2

EAD_203_12 Rev: C3: Proposed Elevations Block 3 & 4

EAD_203_14: Site Phasing Plan

5492 01: Planting Plan

5492 02: Indicative Section

Arboricultural Impact Assessment (October 2023)

Preliminary ecological Appraisal

 

REASON:  For the avoidance of doubt and to clarify which plans are relevant to the consent hereby approved.

 

3.         Notwithstanding the submitted details, precise specifications and samples of all surfacing, walling and roofing materials including details of all proposed window and doors to be implemented within the development hereby approved shall have been submitted to and approved in writing by the Local Planning Authority before their use in the proposed development.  The development shall be carried out in strict accordance with the approved details.

 

REASON:  In order that the Local Planning Authority may ensure that the materials to be used are appropriate to the locality and respond positively to the inherent character of the area.

 

4.         Details of the alignment, height, and appearance of all boundary treatments, fencing, walling, retaining wall structures and gates to be erected within the development shall have been submitted to and approved in writing by the Local Planning Authority prior to their installation.

 

For the avoidance of doubt the submitted details shall include the precise nature and location for the provision of measures to maintain and enhance wildlife movement within and around the site by virtue of the inclusion of suitable sized gaps/corridors at ground level. 

 

The development shall be carried out in strict accordance with the approved details.  The agreed wildlife corridors/gaps shall be retained in perpetuity and thereafter remain free from obstructions which would preclude their use by wildlife.

 

REASON: To ensure a satisfactory standard of appearance in the interests of the visual amenities of the area and to minimise the potential impacts of the development upon protected and non-protected species through the inclusion of measures to retain and enhance habitat connectivity for species of importance or conservation concern.

 

5.         Prior to their installation details of a scheme for any external building mounted or ground mounted lighting/illumination, shall have been submitted to and approved in writing by the local planning authority. For the avoidance of doubt the submitted details shall include luminance levels and demonstrate how any proposed external lighting has been designed and located to avoid excessive light spill/pollution and shall include details to demonstrate how artificial illumination of important wildlife habitats is minimised/mitigated.

 

The lighting schemes(s) be implemented in accordance with the approved details and retained as approved unless agreed in writing by the Local Planning Authority

 

REASON: To enable the Local Planning Authority to exercise control over development which could prove materially harmful the character and visual amenities of the immediate area and to minimise/mitigate the potential impacts upon protected species resultant from the development and to limit unnecessary light spill/pollution.

 

6.         Notwithstanding the submitted details, prior to their installation, details of the proposed roof mounted Photovoltaic Panels, including section details, shall have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in strict accordance with the approved details. 

 

REASON:  In order that the Local Planning Authority may ensure that the detailed design and external appearance of the proposal is appropriate to the locality and responds positively to the inherent character of the area.

 

7.         No extract vents, means of extract, air conditioning, ventilation or any other associated externally mounted/located plant or HVAC shall be installed upon the buildings hereby approved unless details of the design, specification, noise ratings, fixing and finish has first been submitted to and approved in writing by the Local Planning Authority. 

 

The development shall be carried out in accordance with the approved details.

 

REASON:  In order that the Local Planning Authority may ensure that the detailed design of the proposal is appropriate to the locality and that any externally mounted equipment is not of detriment to the visual amenities of the area.

 

8.         Notwithstanding the submitted details, elevational details at a scale of not less than 1:20 and details of the precise location and capacity of all proposed refuse storage provision shall have been submitted to and approved in writing by the Local Planning Authority prior to their installation. 

 

            The development shall be carried out in strict accordance with the approved details.  The approved details shall be installed and made available for use prior to any of the uses hereby approved becoming first operative, the agreed provision shall be retained and made available for use at all times thereafter.

 

            REASON:  In order that the Local Planning Authority may ensure that the detailed design of the proposal is appropriate to the locality and that any ancillary structures are not of detriment to the visual amenities of the area.

 

9.         The landscaping hereby approved (Drawing: 5492-01 Rev: A) shall be implemented and carried out in strict accordance with the phasing and timings as indicated on the submitted ‘Site Phasing Plan’ (Drawing EAD-203-14). 

 

            The landscaping proposals shall be maintained thereafter for a period of not less than 20 years to the satisfaction of the Local Planning Authority.  This maintenance shall include the replacement of any tree or shrub which is removed, or dies, or is seriously damaged, or becomes seriously diseased, by a species of similar size to those originally planted.   For the avoidance of doubt all trees/hedgerow shown as being retained within the approved details shall be retained as such in perpetuity.

 

            REASON: To ensure the proposal is satisfactorily landscaped and trees/hedgerow of landscape/visual amenity value are retained as part of the development.

 

10.       Notwithstanding the submitted details, no development, including any site preparation, demolition, scrub/hedgerow clearance or tree works/removal shall commence or be undertaken on site unless and until a scheme for protective fencing for trees within and adjacent to the site, has been submitted to and approved in writing by the Local Planning Authority. 

 

            Such fencing shall be in accordance with BS5837 (2012): ‘Trees in Relation to Construction’.  Such fencing shall be erected in its entirety prior to any other operations taking place on the site.

 

            For the avoidance of doubt the erected fencing should not be breached or removed during development.  Furthermore, within the areas so fenced the existing ground level shall be neither raised nor lowered and there shall be no development or development-related activity of any description including the deposit of spoil or the storage of materials within these areas.

 

            REASON: To protect trees/hedging of landscape and visual amenity value on and adjacent to the site or those likely to be affected by the proposed development.

 

11.       No removal of vegetation including trees or hedges shall be undertaken within the nesting bird season (1st March – 31st August inclusive) unless a pre-clearance check on the day of removal, by a licenced ecologist, confirms the absence of nesting birds. A letter from the ecologist confirming the absence of nesting birds shall be submitted to the Council within one month of the pre-clearance check being undertaken. 

 

            Any removal of vegetation outside the nesting bird season shall be preceded by a pre-clearance check by a licensed ecologist on the day of removal to ensure that removal does not result in unacceptable impacts upon nesting birds or other species of conservation concern.

 

            REASON:  To ensure that there are no adverse effects on the favourable conservation status of birds, to protect the bird population and species of importance or conservation concern from the potential impacts of the development.

 

12.       No increase to existing land levels shall be undertaken on site, over and above those hereby approved, to accommodate the development hereby approved unless precise details of the increase in land-levels have been submitted to and approved in writing by the Local Planning Authority. 

 

            For the avoidance of doubt the submitted information shall include existing and proposed sections through the site including details of the height, scale and location of proposed building in relation to adjacent existing development/built form (where applicable). 

 

            The development shall be carried out in strict accordance with the approved details.

 

            REASON:  To ensure the proposed development responds positively to characteristics of the area and to ensure the Local planning Authority can make an accurate assessment of potential impacts upon existing nearby residential amenity or the amenities of the area.

 

13.       No goods, plant or materials associated with the use(s) hereby approved shall be deposited or stored externally on site or around/adjacent the building(s) to which the application relates.

 

            REASON: To ensure a satisfactory appearance of the site in the interests of the character and visual amenities of the area.

 

14.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any subsequent enactment or re-enactment thereto, no enlargements, improvements or other alterations, including the insertion of additional mezzanine floors or any increase in commercial floorspace shall be undertaken within or to the buildings/uses hereby approved without express planning permission being obtained.

 

            REASON:  To clarify the nature of the consent hereby approved and to ensure the floorspace created remains commensurate with the dedicated parking provision to be provided.

 

15.       The Class E(g) uses hereby approved shall only be operated between the following hours:

 

08:00hrs to 19:00hrs Monday to Friday

09:00hrs to 17:00hrs Saturdays

10:00hrs to 16:00hrs on Sundays

 

            For the avoidance of doubt there shall be no business or activities operated or undertaken on the site associated with the use(s) hereby approved outside the stated operating hours.

 

            REASON:  To clarify the nature of the consent hereby approved and to ensure the development hereby approved remains compatible with the character of the area.

 

16.       Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended or re-enacted) and the Town and Country Planning (General Permitted Development)(England) Order 2015 (as amended or re-enacted) and the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (as amended or re-enacted) the use of the development/buildings hereby approved shall only be used for purposes within Use Class E(g) and for no other sub-activities or sub-class uses within Use Class E.

 

            REASON: To define the scope of the permission hereby approved and to ensure that the development remains compatible with the Employment Designation (EAL3) of the site to which the application relates.

 

17.       No development shall commence in any phase until a detailed, final surface water sustainable drainage strategy for the site has been submitted to, and approved in writing by, the Local Planning Authority.

 

            The detailed surface water sustainable drainage strategy shall be based upon the site-specific flood risk assessment and indicative surface water sustainable drainage strategy (October 2023 / 23.1384 / REFORD) submitted and sustainable drainage principles and requirements set out in the National Planning Policy Framework, Planning Practice Guidance and Defra Technical Standards for Sustainable Drainage Systems. No surface water shall be allowed to discharge to the public foul sewer(s), directly or indirectly.

 

            The details of the drainage strategy to be submitted for approval shall include, as a minimum;

 

            A: Sustainable drainage calculations for peak flow control and volume control for the:

 

(i)         100% (1 in 1-year) annual exceedance probability event;

(ii)        3.3% (1 in 30-year) annual exceedance probability event + 40% climate change allowance.

(iii)       1% (1 in 100-year) annual exceedance probability event + 50% climate change allowance.

 

            Calculations must be provided for the whole site, including all existing and proposed surface water drainage systems.

 

            B: Final sustainable drainage plans appropriately labelled to include, as a minimum:

 

(i)         Site plan showing all permeable and impermeable areas that contribute to the drainage network either directly or indirectly, including surface water flows from outside the curtilage as necessary;

(ii)        Sustainable drainage system layout showing all pipe and structure references, dimensions and design levels; to include all existing and proposed surface water drainage systems up to and including the final outfall;

(iii)       Details of all sustainable drainage components, including landscape drawings showing topography and slope gradient as appropriate;

(iv)       Drainage plan showing flood water exceedance routes in accordance with Defra Technical Standards for Sustainable Drainage Systems;

(v)        Finished Floor Levels (FFL) in AOD with adjacent ground levels for all sides of each building and connecting cover levels to confirm minimum 150 mm+ difference for FFL;

(vi)       Details of proposals to collect and mitigate surface water runoff from the development boundary;

(vii)      Measures taken to manage the quality of the surface water runoff to prevent pollution, protect groundwater and surface waters, and delivers suitably clean water to sustainable drainage components;

 

            C: Evidence of an assessment of the existing on-site culverted watercourse to be used, to confirm that these systems are in sufficient condition and have sufficient capacity to accept surface water runoff generated from the development.

 

            D:Evidence that a free-flowing outfall can be achieved. If this is not possible, evidence of a surcharged outfall applied to the sustainable drainage calculations will be required.

 

            The sustainable drainage strategy shall be implemented in accordance with the approved details.

 

            REASON:  To ensure satisfactory sustainable drainage facilities are provided to serve the site in accordance with the Paragraphs 173 and 175 of the National Planning Policy Framework, Planning Practice Guidance and Defra Technical Standards for Sustainable Drainage Systems.

 

18.       No development shall commence until a Construction Surface Water Management Plan, detailing how surface water and stormwater will be managed on the site during construction, including demolition and site clearance operations, has been submitted to and approved in writing by the Local Planning Authority.

 

            The details of the plan to be submitted for approval shall include method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include for each phase, as a minimum:

 

A.         Measures taken to ensure surface water flows are retained on-site during the construction phase(s), including temporary drainage systems, and, if surface water flows are to be discharged, they are done so at a restricted rate that must not exceed the equivalent greenfield runoff rate from the site.

B.         Measures taken to ensure surface water flows are retained on-site during the construction phase(s), including temporary drainage systems, and, if surface water flows are to be discharged, they are done so at a restricted rate that must not exceed the equivalent greenfield runoff rate from the site.

 

            The plan shall be implemented and thereafter managed and maintained in accordance with the approved plan for the duration of construction.

 

            REASON: 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 surface water flood risk on-site or elsewhere during any construction phase in accordance with Paragraph 182 of the National Planning Policy Framework.

 

19.       The commencement of use of the development shall not be permitted until a site-specific Operation and Maintenance Manual for the lifetime of the development, pertaining to the surface water drainage system and prepared by a suitably competent person, has been submitted to and approved in writing by the Local Planning Authority.

 

The details of the manual to be submitted for approval shall include, as a minimum:

 

A.         A timetable for its implementation;

B.         Details of the maintenance, operational and access requirement for all SuDS components and connecting drainage structures, including all watercourses and their ownership;

C.        Pro-forma to allow the recording of each inspection and maintenance activity, as well as allowing any faults to be recorded and actions taken to rectify issues;

D.        The arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme in perpetuity;

E.         The arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme in perpetuity;

F.         Details of whom to contact if pollution is seen in the system or if it is not working correctly; and

G.        Means of access for maintenance and easements.

           

            Thereafter the drainage system shall be retained, managed, and maintained in accordance with the approved details.

 

            REASON: To ensure that surface water flood risks from development to the future users of the land and neighbouring land are minimised, together with those risks to controlled waters, property, and ecological systems, and to ensure that the sustainable drainage system is subsequently maintained pursuant to the requirements of Paragraph 182 of the National Planning Policy Framework.

 

20.       The commencement of use of the development shall not be permitted until a site-specific verification report, pertaining to the surface water sustainable drainage system, and prepared by a suitably competent person, has been submitted to and approved in writing by the Local Planning Authority.

 

            The verification report must, as a minimum, demonstrate that the surface water sustainable drainage system has been constructed in accordance with the approved drawing(s) (or detail any minor variations) and is fit for purpose. The report shall contain information and evidence, including photographs, of details and locations (including national grid references) of critical drainage infrastructure (including inlets, outlets, and control structures) and full as-built drawings. The scheme shall thereafter be maintained in perpetuity.

 

            REASON: To ensure that surface water flood risks from development to the future users of the land and neighbouring land are minimised, together with those risks to controlled waters, property, and ecological systems, and to ensure that the development as constructed is compliant with the requirements of Paragraph 182 of the National Planning Policy Framework.

 

21.       Notwithstanding the submitted details, elevational details at a scale of not less than 1:20 and details of the precise location of all proposed cycle storage provision shall have been submitted to and approved in writing by the Local Planning Authority prior to their installation.  For the avoidance of doubt all proposed cycle storage shall be enclosed and lockable.

 

            Before the development hereby permitted is first occupied the agreed provision for cycle storage shall be provided within the site prior to any of the uses hereby approved becoming first active and shall be retained and made available for use at all times thereafter.

 

            REASON:  Reason: To ensure sustainable travel modes are promoted and supported and to minimise use/reliance of the private motor-vehicle.

 

22.       Notwithstanding the submitted details, details of the precise location and nature of all proposed motorcycle parking provision shall have been submitted to and approved in writing by the Local Planning Authority prior to their installation.

 

            Before the development hereby permitted is first occupied the agreed provision for motorcycle parking shall be provided within the site prior to any of the uses hereby approved becoming first active and shall be retained and made available for use at all times thereafter.

 

            REASON: To ensure adequate motorcycle parking provision within the development hereby approved.

 

23.       No development shall take place, including any works of demolition, until a construction method statement has been submitted to and approved in writing by the local planning authority. The approved statement shall be adhered to throughout the construction period. It shall provide for:

 

A.         The parking of vehicles of site operatives and visitors

B.         The loading and unloading of plant and materials

C.        The storage of plant and materials used in constructing the development

D.        The erection and maintenance of security hoarding

E.         Details of working hours

F.         HGV delivery times and routeing to/from the site

G.        Contact details for the site manager

 

            REASON: In the interests of protecting residential amenity from noise and disturbance and to ensure the safe operation of the Highway.

 

24.       The new road/access between the site and Blackburn Road shall be constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least base course level 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 and to facilitate safe access for construction vehicles.

 

25.       The existing access on Lower Lane (along the western boundary of the site) shall not be used for the purposes of access in connection or conjunction with the development hereby approved. Measures to control and limit access shall have been submitted to and approved in writing by the Local Planning Authority prior to the use(s) hereby approved becoming first active.

 

            REASON: To prevent increased use of an access which has insufficient geometry and visibility splays.

 

26.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 there shall not at any time in connection with the development hereby permitted be erected or planted or allowed to remain upon the land hereinafter defined any building, wall, fence, hedge, tree, shrub or other device over 1m above road level.

 

The visibility splay to be the subject of this shall be that land in front of a line drawn from a point 2.4m measured along the centre line of the proposed road from the continuation of the nearer edge of the carriageway of Blackburn Road to points measured 61m in each direction along the nearer edge of the carriageway of Blackburn Road, from the centre line of the access, and shall be maintained at footway/verge level in accordance with a scheme to be agreed by the Local Planning Authority in conjunction with the Highway Authority.

 

REASON: To ensure adequate visibility at the street junction or site access.

 

27.       No part of the development hereby approved shall commence until a scheme for the timings and construction/completion of the site access and the off-site works of highway improvement has been submitted to, and approved by, the Local Planning Authority in consultation with the Highway Authority.

 

For the avoidance of doubt the off-site highway works shall include:

 

A.         Provision of pedestrian refuge and localised carriageway widening

B.         Signing and lining

C.        Junction realignment at the Blackburn Road, Lower Lane, Preston Road junction

D.        Provision of a footway on the south side of Blackburn Road from the proposed pedestrian refuge to Woodville cottages

E.         Advertising and implementation of a 40mph speed limit on Blackburn Road from the current 30mph terminal point in an easterly direction

 

For the avoidance of doubt no part of the development or use(s) hereby approved shall be occupied or become operative until the approved details have been constructed and completed in accordance with the scheme details.

 

REASON: In order to satisfy the Local Planning Authority and Highway Authority that the final details of the highway scheme/works are acceptable before work commences on site and to ensure that the traffic generated by the development does not exacerbate unsatisfactory highway conditions in advance of the completion of the highway scheme/works.

 

28.       The car parking hereby approved shall be surfaced or paved in accordance with a scheme that shall been submitted to, and approved by, the Local Planning Authority in consultation with the Highway Authority prior to the commencement of any development within the site.  The car-parking spaces and manoeuvring areas shall be marked out in accordance with the approved details prior to the first use of any of the premises becoming operative.

 

REASON: To allow for and ensure the effective use of the parking and vehicular manoeuvring areas.

 

29.       Prior to the commencement of the development, details of the provisions for electric vehicle charging points shall have been submitted to and approved in writing by the Local Planning Authority.  The agreed provision(s) shall be installed and made available for use prior to any of the uses hereby approved becoming first operative and thereafter be retained.

 

REASON: To encourage sustainable methods of transport and to reduce carbon emissions resultant from activities associated with the development hereby approved.

 

30.       The Framework Travel Plan hereby approved (Ref: T4246 R-01) shall be adhered to and undertaken in strict accordance with the agreed details and timetable/timings for a period of 5 years from the date of any of the uses hereby approved becoming first operative.

 

REASON: To ensure sustainable travel modes are promoted and supported and to minimise use/reliance of the private motor-vehicle.