Agenda item

The Head of Planning Services reminded members that outline planning permission had been allowed on appeal by a Planning Inspector.

 

He also reported that as the comments from the Lead Local Flood Authority had now been received which resulted in the recommendation changing to Approval as opposed to defer and delegate

 

RESOLVED that the application be approved subject to the following conditions:

 

1.    The development must be begun not later than the expiration of two years from the date of this reserved matters consent.

 

REASON: Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchasing 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:   

           

            Proposed Site Layout             Ref: 20126-01 Rev P6            Received: 26^th April 2022

            Site Location Plan                   Ref: 20126-00_A                     Received: 26th April 2022     

            Ecological Mitigation Plan      Ref: P21-1399_005 Rev B     Received: 26th April 2022

Surface Water Catchment Plan          Ref: HIG-AJP-ZZ-00-DR-C-1040 Rev: P02 Received 29th April 2022

            Proposed Drainage Layout                 Ref: HIG-AJP-ZZ-00-DR-C-1000 Rev P05 Received 29th April 2022   

            Proposed Drainage Layout                 Ref: HIG-AJP-ZZ-00-DR-C-1001 Rev P02 Received 29th April 2022   

            SuDS Basin 1                                     Ref: HIG-AJP-ZZ-00-DR-C-1070 Rev P02 Received 29th April 2022

            SuDS Basin 2                                     Ref: HIG-AJP-ZZ-00-DR-C-1071 Rev P02 Received 29th April 2022

            Delivery Timescales Strategy             Ref: S2002-01-03-001 Rev A             Received: 26th April 2022

            Waste Management Plan       Ref: 20216-08 Rev B              Received: 26th April 2022

            Boundary Treatment Details   Ref: 20216-04 Rev A              Received: 26th April 2022

            Boundary Treatment Layout   Ref: 20216-03 Rev B              Received: 26th April 2022

            House Type D1                       Ref: 20216_HT_16 Rev A      Received: 26th April 2022

House Type D                         Ref: 20216_HT_17                 Received: 26th April 2022

            House Type J                         Ref: 20216_HT_09 Rev: A     Received: 26th April 2022

            House Type K                         Ref: 20216_HT_10 Rev: A     Received: 26th April 2022

            House Type L                         Ref: 20216_HT_11 Rev: A     Received: 26th April 2022

            House Type L                         Ref: 20216_HT_12                 Received: 26th April 2022

            House Type H2                       Ref: 20216_HT_08 Rev: A     Received: 26th April 2022

            House Type H1                       Ref: 20216_HT_07 Rev: A     Received: 26th April 2022

            House Type F/E                      Ref: 20216_HT_05 Rev: A     Received: 26th April 2022

            House Type G                        Ref: 20216_HT_06 Rev: A     Received: 26th April 2022

House Type C                         Ref: 20216_HT_03 Rev: A     Received: 26th April 2022

            House Type B                         Ref: 20216_HT_02 Rev: A     Received: 26th April 2022

            House Type A                         Ref: 20216_HT_01 Rev: A     Received: 26th April 2022

            House Type E                         Ref: 20216_HT_04                 Received: 26th April 2022

            House Type A1                       Ref: 20216_HT_13                 Received: 26th April 2022

            House Type A1                       Ref: 20216_HT_14 Rev A      Received: 26th April 2022

            House Type C1                       Ref: 20216_HT_15 Rev A      Received: 26th April 2022

            Affordable Housing Plan         Ref: 20216-07 Rev B              Received: 26th April 2022

Plot Landscape Details           Ref: P21-1399_003 Rev: D    Received: 26th April 2022

Plot Landscape Details           Ref: P21-1399_002 Rev: D    Received: 26th April 2022

Plot Landscape Details           Ref: P21-1399_001 Rev: D    Received: 26^th April 2022

POS and Play Area                 Ref: P21-1399_004C              Received: 26th April 2022

            Proposed Site Layout Site Lines        J1401/SIGHTLINE/FIG1        Received: 26th April 2022

Proposed Site Layout Traffic Calming           J1401/TRAFFICCALMING/FIG2 Received: 26th April 2022

Proposed Site Layout Tracking          J1401/TRACKING/FIG3        Received: 26th April 2022

Proposed Site Layout Tracking          J1401/TRACKING/FIG4        Received: 26th April 2022

Vehicle Restraint Risk Assessment    2022/S/1579                Received: 26th April 2022

 

REASON:  For the avoidance of doubt as the proposal was the subject of agreed design improvements and/or amendments and to clarify which plans are relevant to the consent hereby approved.

 

3.    The development hereby permitted shall only be carried out in conformity with the proposed ground and building slab levels shown on the approved plan(s).

 

REASON:  To protect the appearance of the locality and in the interests of the amenities of local residents.

 

4.    No dwelling shall be occupied until all fences and walls shown in the approved details to bound its plot, have been erected in conformity with the approved details. 

 

The Local Highway Authority require the 1.1m high railing provided at Plots 1, 2, 5, 6, 7, 8, 9, 10, 22 and 23 is reduced in height to 0.9m to maintain suitable visibility splays.

 

Other fences and walls shown in the approved details shall have been erected in conformity with the approved details prior to substantial completion of the development.

 

REASON:  To ensure a visually satisfactory form of development and to provide reasonable standards of privacy to residents.

 

5.    Prior to the occupation of any of the dwellings hereby approved full details of the Management Company to deal with the future management and maintenance of the site shall be submitted to and approved in writing by the Local Planning Authority. The site shall thereafter be managed by the approved Management Company.

 

REASON: To ensure the satisfactory management of the communal landscape areas, the footpath link between Plots 92-99; the footpath link to Hollin Hall Drive and areas of play space

 

6.    The materials to be used on the external surfaces of the development as indicated within the approved details shall be implemented in 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.

 

7.    For the full period of construction facilities shall be available on site for the cleaning of the wheels of vehicles leaving the site and such equipment shall be used as necessary to prevent mud, stones and debris being carried onto the highway. Provision to sweep the surrounding highway network by mechanical means will be available and the roads adjacent to the site shall be mechanically swept as required during the full construction period.

 

REASON: To prevent stones, mud and debris being carried onto the public highway to the detriment of road safety.

 

8.    Prior to the above ground construction of any of the dwellings hereby approved full details of the electric motor vehicle charging points to be provided within the development shall be submitted to and approved in writing by the Local Planning Authority. At least one charging point per dwelling shall be provided. Charge points must have a minimum power rating output of 7kW, be fitted with a universal socket that can charge all types of electric vehicle currently. Thereafter the charging point at each dwelling shall be installed in accordance with the approved details and made available for use prior to the occupation of the dwelling to which the charging point is associated.

 

REASON: To support sustainable transport objectives and to contribute to a reduction in harmful vehicle emissions.

 

9.    Prior to the occupation of any of the dwellings hereby approved the car parking areas shall have been surfaced or paved in accordance with the approved plans and the car parking spaces and manoeuvring areas marked out in accordance with the approved plan. The car parking area shall thereafter be kept free of obstruction and available for the parking cars at all times.

 

REASON: To allow for the timely provision and effective use of the parking areas.

 

10.  No development shall not be commenced until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved in writing by the Local Planning Authority.  The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under section 38 of the Highways Act 1980 or a private management and Maintenance Company has been established.

 

REASON:  To ensure that the estate streets serving the development are maintained to an acceptable standard in the interest of residential / highway safety

 

11.  No development shall be commenced until full engineering, drainage, street lighting and constructional details of the streets proposed for adoption have been submitted to and approved in writing by the local planning authority. The development shall, thereafter, be constructed in accordance with the approved details.

 

REASON: In the interest of highway safety; to ensure a satisfactory appearance to the highway’s infrastructure serving the approved development; and to safeguard the visual amenities of the locality and users of the highway.

 

12.  Nothing shall be erected, retained, planted and / or allowed to grow at or above a height of 0.6 metres located in the front gardens of Plots 104 and 32 which would obstruct the visibility splays provided on DTPC drawing number J1401/SIGHTLINE/Fig1. The visibility splays shall be maintained free of obstruction at all times thereafter for the lifetime of the development.

 

REASON: To ensure adequate inter-visibility between highway users at the street junction or site access, in the interests of highway safety.

 

13.  The development hereby permitted shall not be occupied until such time as the parking and turning facilities have been implemented in accordance with DTPC drawing number J1401/ TRAFFIC CALMING/ Fig 2. Thereafter the onsite parking provision shall be so maintained in perpetuity.

 

REASON: To ensure that adequate off-street parking provision is made to reduce the possibility of the proposed development leading to on-street parking problems locally and to enable vehicles to enter and leave the site in a forward direction in the interests  of highway safety and in accordance with the National Planning Policy Framework  (2021).

 

14.  Prior to the above ground construction of any of the dwellings hereby approved a cycle storage plan for the residential units shall be submitted to and approved in writing by the Local Planning Authority. These cycle facilities shall thereafter be provided in accordance with the approved details prior to the occupation of the dwelling(s) to which they are associated, kept free of obstruction and available for the parking of bicycles only at all times.

 

REASON: To allow for the effective use of the parking areas and to promote sustainable transport as a travel option, encourage healthy communities and reduce carbon emissions.

 

15.  Prior to the above ground construction of any of the dwellings hereby approved full details of the colour, form and texture of all hard landscaping (ground surfacing materials) (notwithstanding any such detail shown on previously submitted plans and specification) shall have been submitted to and approved in writing by the Local Planning Authority.  All works shall be undertaken strictly in accordance with the details as approved and shall be completed in all respects before the final completion of the development and thereafter retained.

 

REASON:  To ensure a satisfactory form of development in the interest of the visual amenity of the area.

 

16.  All hard and soft landscape works shall be carried out in accordance with the approved details within the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 10 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

 

To ensure the visibility splays are not obstructed at Plots 104 and 32 nothing shall be planted above 0.6m within the garden of these two plots to be maintained in perpetuity.

 

REASON: To ensure that a satisfactory landscaping scheme for the development is carried out to mitigate the impact of the development and secure a high-quality design.

 

17.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (Schedule 2, Part 1, Classes A, B, C, D, E) or any subsequent re-enactment thereof no extension to the dwelling(s), porch, garden shed, greenhouse, garage or car port shall be erected nor any hardstanding area extended other than those expressly authorised by this permission on the following plots:

1, 2, 4-11 (inclusive), 15-21 (inclusive), 22-27 (inclusive), 32-103 (inclusive), 105, 106, 109-111 (inclusive), 116-121 (inclusive), 123

 

REASON:  In the interests of neighbour amenity.

 

18.  Notwithstanding the submitted plans prior to the above ground construction of any of the dwellings hereby approved a scheme for the provision of public open space and play areas within the site, including the trim trail, shall have been submitted to and approved in writing by the Local Planning Authority.  The scheme to be submitted to include full details of all play and other equipment to be provided along with a timetable for implementation. The public open space shall thereafter be implemented in accordance with the approved plans and approved timetable.

 

REASON:  To ensure adequate provision for public open space and play areas within the development

 

19.  The central equipped play space and public open space shall be implemented and made available for use in accordance with the approved details prior to the occupation of the following plots: 21/ 59/ 60/ 61/ 62/ 63/ 64/ 11/112/113/ 122. 

 

REASON:  In the interests of neighbour amenity and to ensure the future purchasers are aware of the location of the play area in advance of occupation

 

20.  The trim trail and associated public open space be implemented and made available for use in accordance with the approved details prior to the occupation of the following plots: 34-48 (inclusive). 

 

REASON:  In the interests of neighbour amenity and to ensure the future purchasers are aware of the location of the play area in advance of occupation

 

21.  Prior to the completion of the footpath link to Hollin Hall Drive bollards shall be erected and a section of the existing hedge shall be removed to enable pedestrian access.

 

REASON: The footpath links the development site to the wider area and will enable connectivity through the site however bollards are required to avoid unauthorised access by vehicles.

 

22.  Prior to any above ground construction of the dwellings hereby approved full details of the retaining walls shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the retaining walls shall be constructed in accordance with the approved details.

 

REASON: In the interests of the visual amenities of the area to ensure that the design of the retaining wall structures does not adversely impact on the character of the development.

 

INFORMATIVES:

 

PLEASE NOTE: It should be ensured that the proposal is provided with suitable provision Of Fire Fighting water. Any provisions should comply with National Guidance, details of which can be found: http://www.water.org.uk/publications/water-industry-guidance/%E2%80%A8nationalguidance-document-provision-water-fire-fighting-3rd

 

PLEASE NOTE: ACCESS - DOCUMENT B, PART B5: It should be ensured that the scheme fully meets all the requirements of Building Regulations Approved Document B, Part B5 ‘Access and facilities for the Fire Service’.

 

PLEASE NOTE:

Landscaping

·         Any landscaping should be at least 3 metres away from a Public right of way that is either within the proposed development site or in the vicinity – this is to prevent encroachment of roots onto or through a Right of Way surface, overhanging branches or foliage that could cause a health and safety risk to users of the Right of Way or cause an obstruction.

 

 

 

Ground level/drainage

·         Any changes in ground level should ensure that any Public Rights of Way in the vicinity of the development site are not subject to water surface run off creating the potential for flooding of the Right of Way concerned.

·         Drainage within the proposed development should be adequate enough to prevent surface water being drained onto or near a Public Right of Way to prevent potential flooding of a Public Bridleway or footpath

 

Temporary closure/diversion

·         If work relating to the proposed development is likely to cause a health and safety risk to users of Public Rights of Way in the vicinity of the site a temporary closure will need to be in place prior to work commencing.

·         Planning permission does not provide the applicant with the legal right of obstruct a Public Right of Way and should not be used to store materials, machinery or vehicles – if an obstruction is identified without a certified Diversion the applicant would be liable to enforcement proceedings.

 

PLEASE NOTE: The grant of planning permission will require the applicant to enter into an appropriate legal agreement (Section 38), with Lancashire County Council as Highway Authority prior to the start of any development. The applicant should be advised to contact the county council for further information by telephoning the Development Support Section on 0300 123 6780 or email developeras@lancashire.gov.uk, in the first instance to ascertain the details of such an agreement and the information to be provided, quoting the location, district and relevant planning application reference number

 

            PLEASE NOTE: The Lead Local Flood Authority strongly advises the applicant to include an allowance for urban creep within the design of the development so as to best plan for future of the development without causing flooding onsite or elsewhere.

 

The Lead Local Flood Authority expects the applicant to adequately assess the condition, capacity and discharge point of the intended surface water sewer on Tarn Yard Lane which leads to the culverted watercourse south of Blackburn Road, as outlined in the LLFA's comments on planning application 3/2016/1082, in order to prevent flooding both onsite and elsewhere.

 

(Paul Walton spoke in favour of the above application)

 

Councillors J Rogerson and B Holden returned to the meeting.