Mr Alistair Wood spoke in support of the application.
Councillor Birtwhistle was given permission to speak in respect of the application.
RESOLVED THAT COMMITTEE:
Grant planning permission subject to the following 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 hereby permitted shall be carried out in full conformity with the following submitted plans and details received by the Local Planning Authority:
Location Plan BB7 9AZ-A-01
Site Plan BB7 9AZ-A-03 D
Proposed Ground Floor Plan BB7 9AZ-A-04.1
Proposed First Floor Plan BB7 9AZ-A-04.2
Proposed Roof Plan BB7 9AZ-A-06
Proposed West And East Elevations BB7 9AZ-A-05.1
Proposed North and South Elevations BB7 9AZ-A-05.2
Proposed West and East Courtyard Elevations BB7 9AZ-A-05.3
Proposed Dwelling Elevations 1 BB7 9AZ-A-05.4 A
Proposed Dwelling Elevations 1 BB7 9AZ-A-05.5 A
Site Sections BN23 6DW-A-07
Streetscene BB7 9AZ-A-11
Acoustic Fence Detail BB7 9AZ-A-12
Details of Solar PV - JAM60S21 355-375/MR MC4
Details of Solar PV - Easy Roof Data Sheet
Details of Battery Housing - PV01
Details of Bin Store SDL-033A
Details of Cycle Shelter - CYSH-PREM-2250 X 3000 X 2100
Details of EVCP - Quantum EV TOKEN MECH - PAYG Data Sheet -04
Details of Electric Meter House SDL-090.4A
Reason: For the avoidance of doubt and so the Local Planning Authority can be satisfied with the detail.
3. 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) the care home development hereby approved shall only be used for the purposes of a Residential Care Home (C2) and for no other purpose, including any other purpose within Use Class C2.
Reason: To define the scope of the permission hereby approved and to ensure that the development remains compatible with the character of the area.
4. The approved boundary treatments shall be completed before the use hereby permitted is first commenced, or before the dwellings are first occupied. The approved details shall thereafter be maintained and retained.
Notwithstanding the provisions of Schedule 2 Part 2 of the Town and Country Planning (General Permitted Development)(England) Order 2015 (as amended or re-enacted) there shall be no amendments to the approved boundary treatments, or no new fences, walls, railings or other means of enclosure erected within the site, without express planning permission being obtained.
Reason: In the interests of the appearance of the locality and the residential amenity of occupants / neighbours.
5. No development shall commence in any phase (phase 1 being the care home development with associated parking, access, landscaping and ground works, phase 2 being development of the three dwellings), save for demolition works, until a detailed, final surface water sustainable drainage strategy for that phase 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 submitted (January 2023 / Drawing No: 10-01 / RSK) 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, and shall be limited to a maximum peak flow rate of 2l/s.
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, with an allowance for urban creep;
iii. 1% (1 in 100-year) annual exceedance probability event + 50% climate change allowance, with an allowance for urban creep
Calculations must be provided for the whole phase, 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 site conditions to include site investigation and test results to confirm infiltrations rates and groundwater levels in accordance with BRE 365.
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.
e) Evidence of an agreement in principle with the third party asset owner to connect to the off-site combined sewer.
The approved drainage strategy shall be implemented prior to occupation of the development of that phase and/or in accordance with the timing / phasing arrangements embodied within the scheme, and shall be retained thereafter for the lifetime of the development.
Reason: To ensure satisfactory sustainable drainage facilities are provided to serve the site in accordance with the Paragraphs 167 and 169 of the National Planning Policy Framework, Planning Practice Guidance and Defra Technical Standards for Sustainable Drainage Systems, Policy EN3 and Policy DME6 of the adopted Core Strategy 2008 - 2028, Ribble Valley Local Plan.
6. No development shall commence in any phase (phase 1 being the care home development with associated parking, access, landscaping and ground works, phase 2 being development of the three dwellings), save for demolition works, until a Construction Surface Water Management Plan for that phase, 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, 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 prevent siltation and pollutants from the site into any receiving groundwater and/or surface waters, including watercourses, with reference to published guidance.
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 167 of the National Planning Policy Framework.
7. The occupation 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 SuDS components and connecting drainage structures, including watercourses and their ownership, and maintenance, operational and access requirement for each component;
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) Details of financial management including arrangements for the replacement of major components at the end of the manufacturer's recommended design life;
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 169 of the National Planning Policy Framework.
8. The occupation 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 Paragraphs 167 and 169 of the National Planning Policy Framework.
9. The development shall proceed in accordance with the findings of the Geo-Environmental report prepared by Calabrian dated October 2022 (Report ref 7208/1), in particular the recommendations on “Contamination & remediation” at Section 13.6 of that report.
Reason: In order to protect the health of the occupants of the new development.
10. No development shall take place, including any works of demolition or site clearance,
until a Construction Management Plan (CMP) or Construction Method Statement (CMS) has been submitted to, and approved in writing by the local planning authority. The approved plan / statement shall provide:
a. 24 Hour emergency contact number;
b. Details of the parking of vehicles of site operatives and visitors;
c. Details of loading and unloading of plant and materials;
d. Arrangements for turning of vehicles within the site;
e. Swept path analysis showing access for the largest vehicles regularly accessing the site and measures to ensure adequate space is available and maintained, including any necessary temporary traffic management measures;
f. Measures to protect vulnerable road users (pedestrians and cyclists);
g. The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;
h. Wheel washing facilities;
i. Measures to deal with dirt, debris, mud or loose material deposited on the highway as a result of construction;
j. Measures to control the emission of dust and dirt during construction;
k. Details of a scheme for recycling/disposing of waste resulting from demolition and construction works;
l. Construction vehicle routing;
m. Delivery, demolition and construction working hours.
The approved Construction Management Plan or Construction Method Statement shall be adhered to throughout the construction period for the development.
REASON: In the interests of the safe operation of the adopted highway during the demolition and construction phases.
Note: Construction Management Plan.
- There must be no reversing into or from the live highway at any time – all vehicles entering the site must do so in a forward gear, and turn around in the site before exiting in a forward gear onto the operational public highway.
- There must be no storage of materials in the public highway at any time.
- There must be no standing or waiting of machinery or vehicles in the public highway at any time.
- Vehicles must only access the site using a designated vehicular access point.
- There must be no machinery operating over the highway at any time, this includes reference to loading/unloading operations – all of which must be managed within the confines of the site.
- A licence to erect hoardings adjacent to the highway (should they be proposed) may be required. If necessary this can be obtained via the County Council (as the Highway Authority) by contacting the Council by telephoning 01772 533433 or e-mailing firstname.lastname@example.org<mailto:email@example.com>
- All references to public highway include footway, carriageway and verge.
11. Within six months of the granting of planning permission details of the access arrangements for the site shall have been submitted to and approved in writing by the Local Planning Authority. The approved access arrangements shall be implemented prior to first use of the care home development or occupation of any dwelling hereby permitted, whichever is the sooner.
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 the works are completed in a timely manner in the interests of general highway safety.
12. Prior to first occupation of any dwelling / first use of the care home development hereby approved, whichever is the sooner, the off-site works of highway mitigation, namely:
• Kerb build out adjacent to number 1 Cockerill Terrace and dropped crossing provided directly across the adopted carriageway;
• Traffic calming measures in the form of an enhanced gateway treatment on Whalley Road at the 30/40mph speed limit change to the north of the site and school, including a carriageway width restriction, enhanced signage and road markings; and
• A review of the traffic regulation orders in the vicinity of the site access on Whalley Road.
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.
Reason: In order to ensure the timely delivery of the necessary off-site highway works in the interests of highway safety and to encourage sustainable travel.
13. Prior to first use of the care home development hereby approved, a Travel Plan comprising immediate, continuing and long-term measures to promote and encourage alternatives to single-occupancy car use shall be submitted to and approved in writing by the Local Planning Authority. The approved Travel Plan shall be implemented, monitored and reviewed in accordance with the agreed Travel Plan Targets to the satisfaction of the Local Planning Authority.
REASON: In order to deliver sustainable transport objectives including a reduction in single occupancy car journeys and the increased use of public transport, walking & cycling.
14. The development hereby permitted shall not be occupied until such time as the parking and turning facilities have been implemented in accordance with LNT Construction drawing number BB7- 9AZ-A-09. 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).
15. Prior to first use of the care home development hereby approved, the motorcycle parking provision shown on the approved plans shall be constructed and made available for use. The area shall thereafter be kept free of obstruction and available for the parking of motorcycles only at all times.
REASON: To ensure the provision and availability of adequate motorcycle parking and to allow for the effective use of the parking areas.
16. Prior to first use of the care home development hereby approved, the cycle parking provision shown on the approved plans shall be constructed and made available for use. The area shall thereafter be kept free of obstruction and available for the parking of cycles only at all times.
REASON: To ensure the provision and availability of adequate cycle parking and the promotion of sustainable forms of transport.
17. (A) Prior to the first occupation of any dwelling hereby approved, the dwelling shall have an electric vehicle charging point. 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. These shall be retained thereafter for the lifetime of the development.
(B) Prior to first use of the care home development hereby approved, the electric vehicle charging points shown on the approved plans shall be installed and made available for use. These shall be retained thereafter for the lifetime of the development.
REASON: In the interests of supporting sustainable travel.
18. No dwelling hereby permitted shall be occupied until a cycle storage plan for the residential units has been submitted to the Local Planning Authority. These cycle facilities shall thereafter be 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.
19. Within six months of the granting of planning permission details of the pedestrian link along the southern boundary of the site shall be submitted to and approved in writing by the Local Planning Authority. The details shall be informed by an updated Arboricultural Impact Assessment, and include the precise route in relation to existing trees, construction methodology, surfacing and any tree protection measures.
Prior to first use of the care home development hereby approved the pedestrian link shall be constructed in accordance with the approved details and built up to the east and south site boundaries. This pedestrian link shall thereafter be maintained and remain open and unobstructed at all times.
Reason: To ensure that the development provides appropriate connections and sustainable linkages to neighbouring development and public open space.
20. Notwithstanding the submitted details, there shall be no building works above slab level, or no new boundary treatments within or around the site constructed, until details of the provisions to be made for building dependent species of conservation concern, artificial bird nesting boxes, artificial bat roosting sites and measures to support hedgehog movements across the site, have been submitted to, and approved in writing by the Local Planning Authority.
The approved artificial bird/bat boxes and hedgehog features shall be provided before the buildings are first occupied/ brought into first use.
Reason: In the interests of biodiversity and to enhance nesting/roosting opportunities for species of conservation concern and to minimise/mitigate the potential impacts upon protected species resultant from the development.
21. No demolition of 23-25 Old Row or scrub clearance within the curtilage of this building, shall take place until a methodology for dealing with the invasive species identified on site and preventing their spread, has been submitted to and approved in writing by the Local Planning Authority. The invasive species shall then be removed in accordance with the approved methodology.
Reason: To ensure compliance with the Wildlife and Countryside Act 1981.
22. Prior to their installation details of a scheme for any external building 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 approved lighting schemes(s) be implemented in accordance with the approved details prior to the occupation of the development hereby approved and retained as approved.
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.
23. All tree works/tree protection shall be carried out in strict accordance with the recommendations set out in the submitted Arboricultural Impact Assessment dated September 2022.
The specified tree protection measures shall remain in place throughout the demolition and construction phases of the development and the methodology hereby approved shall be adhered to during all site preparation/construction works.
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 hereby approved.
24. No development above ground level shall be commenced until details of the materials to be used in the construction of the external surfaces of the buildings hereby approved (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.
25. No building works shall take place above slab level 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 15 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.
26. Prior to first occupation of the care home development hereby approved, the scheme of noise insulation measures set out in the supporting Noise Assessment submitted with the application [prepared by S&D Garritt Ltd, dated 23rd January 2023] namely acoustic bund and fencing; acoustic glazing and trickle ventilators to identified elevations shall be implemented. The approved noise insulation measures shall thereafter be retained.
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.
1. Cadent Gas Ltd own and operate the gas infrastructure within the area of the development. There may be a legal interest (easements and other rights) in the land that restrict activity in proximity to Cadent Assets in private land. The applicant must ensure that the proposed works do not infringe on legal rights of access and/or restrictive covenants that exist. If buildings or structures are proposed directly above the apparatus the development may only take place following diversion of the apparatus. Prior to carrying out works please submit details of the planned works for review.
2. The grant of planning permission will require the applicant to enter into an appropriate legal agreement (Section 278), 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 firstname.lastname@example.org<mailto:email@example.com>, 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 be aware that the demand to enter into section 278 agreements with Lancashire County Council as the highway authority is extremely high. Enquiries are being dealt with on a first come first served basis. As such all developers are advised to seek to enter into Section 278 agreements at a very early stage.
3. Openreach records indicate that apparatus exists near to the area of your proposed works. Before commencing any work, or moving of heavy plant or equipment over any portion of the site the contractor shall confirm details of Apparatus, owned, leased or rented by the Company, within the site, with the Company Representative, who can be contacted for free on site assistance during office hours, prior to commencement of works :-E-mail: firstname.lastname@example.org<mailto:email@example.com>. Further information is available at: https://www.openreach.com/network-services/locating-our-network