Meeting documents

The Chairman, Councillor Hesketh, welcomed members of the public to the meeting and introduced the committee and explained the proceedings and the role of its members.

Apologies for absence were submitted on behalf of Councillors Mrs Green, K Jones and Ms Mawson.

Councillor M Nathan declared a personal interest in planning application 07/2016/0519/HOH.

Councillor Noblet declared a prejudicial interest in planning application 07/2016/0509/VAR.

Councillor Yates declared a personal interest in planning application 07/2016/0509/VAR and a prejudicial interest in planning application 07/2016/0519/HOH.

RESOLVED (9 YES, 0 No, 2 Abstention):

That the minutes of the meeting held on 27 July 2016 be approved as a correct record and signed by the chairman.

There were no appeal decisions to report.

Address: Oakland Farm, Hollins Lane, Leyland, Lancashire, PR26 8LJ

Applicant: Mr Lewis Buller

Agent: Mr Kiran Patel, 195 Ribbleton Lane, Ribbleton, Preston, Lancashire, PR1 5DY

Development: Erection of a two storey, detached dwelling with a glazed link to a stables/workshop building for Blacksmiths/Equestrian use and the erection of a detached, single storey building to be used as a cattery following the demolition of existing structures.

UNANIMOUSLY RESOLVED: Refused

REASONS FOR REFUSAL:

1. The proposed dwelling and the cattery unit are considered to amount to inappropriate development within the Green Belt. They would cause substantial harm to the openness of the Green Belt and there are no very special circumstances which would outweigh this harm. The applicant has failed to demonstrate that there is a clear functional need for the erection of a new residential dwelling to be located within the Green Belt and no agricultural or equestrian requirement has been put forward by the applicant. The cattery is not an agricultural use within the definition of agriculture in Section 336 of the Town and Country Planning Act (1990) (as amended) and there is no essential need for a cattery to be located in the Green Belt. Therefore the proposed development is not in accordance with Paragraphs 55, 89 and 90 of the National Planning Policy Framework and is contrary to Policies G1 and D3 in the South Ribble Local Plan 2012-2026.

2. The proposal amounts to a substantial development in a countryside location which would have a serious urbanising effect and a significantly detrimental visual impact upon the rural area. Consequently, the proposed development would have a seriously detrimental impact on the character and appearance of the countryside and would be contrary to paragraph 55 of the National Planning Policy Framework, Policy 17 of the Central Lancashire Core Strategy and Policy G17 of the South Ribble Local Plan 2012-2026.

(Councillor Noblet declared a prejudicial interest in this planning application as she was employed by Lancashire County Council and left the meeting during the consideration of the application.

Councillor Yates declared a personal interest in this planning application as he was a member of Lancashire County Council, but was able under the Code of Conduct for Elected Members, to remain in the meeting during the consideration of the application.)

Address: Land To The Rear Of 110 - 120 and Adjacent To 136 Liverpool Road, Hutton, Lancashire

Applicant: Lancashire County Council

Development: Application for the variation of condition 2 (Approved plans) of planning permission 07/2015/1845/FUL - modification of south west boundary between POS and 136 Liverpool Road

UNANIMOUSLY RESOLVED: Approved with Conditions.

CONDITIONS:

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

REASON: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2. The development, hereby permitted, shall be carried out in accordance with the approved plans Dwg EST/GAJH Ref v1.13a(p) Area of Variation: 14-071 Rev B Proposed Layout: 151105/01C Proposed Access Arrangements; 14-071-SS01 Street Scene; House type plans 1B510; 1B527; 2B698; 3B794; 3B1120b; 4B1197; 4B1270; 4B1342; 4B1430; 4B1565: 14-071 9000 Proposed Cycle Store: or any subsequent amendments to those plans that have been agreed in writing by the Local Planning Authority.

REASON: For the avoidance of doubt and to ensure a satisfactory standard of development

3. None of the dwellings hereby approved shall be first occupied until a management and maintenance scheme for the public open space and public car parking area within the site, including provisions to ensure the car parking area is for short stay only has been submitted to and approved in writing by the Local Planning Authority. The public open space and car parking area shall be provided and maintained within the site wholly in accordance with details agreed and thereafter the public shall have access to the area of open space and parking area at any time, unless agreed otherwise in writing by the Local Planning Authority.

REASON: To ensure the open space and car parking provision are made and maintained for public use as required by Policy 17 in the Central Lancashire Core Strategy and Policy G17 in the South Ribble Local Plan 2012-2026

4. The development hereby approved shall be carried out in accordance with the Flood Risk Assessment (FRA) 26 November 2015, B1808 Hutton FRA Version02, Michael Lambert. Prior to commencement of the development, mitigation measures shall be submitted to and approved in writing by the Local Planning Authority in consultation with the lead local flood authority. The mitigation measures shall include the following details:

1. Limit the surface water run-off generated by the 1 in 1 year, 1 in 30 and 1in 100 year plus 30% for climate change critical storms so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site.

2. Provision of storage of 400m3 of water, as stated in the FRA

3. Details of any improvements, protection and/or maintenance of any existing flood defences.

4. Where appropriate, identification and provision of safe route(s) into and out of the site to an appropriate safe haven.

5. Confirmation of the opening up of any culverts across the site.

6. Details of finished floor levels, set no lower than 300mm above th proposed highway level.

The mitigation measures shall include detail of timing/phasing arrangements and shall be fully implemented prior to first occupation of any of the dwellings.

REASON: To improve water management and reduce the risk of flooding in accordance with Policy 29 in the Central Lancashire Core Strategy

5. Foul and surface water shall be drained on separate systems.

REASON: To secure proper drainage and to manage the risk of flooding and pollution in accordance with Policy 29 in the Central Lancashire Core Strategy

6. Prior to the commencement of any development, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions shall be submitted to and approved in writing by the Local Planning Authority.
The surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards and unless otherwise agreed in writing by the Local Planning Authority, no surface water shall discharge to the public sewerage system either directly or indirectly.
The development shall be completed in accordance with the approved details.

REASON: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution, in accordance with Policy 29 in the Central Lancashire Core Strategy

7. Prior to the commencement of the development a sustainable drainage management and maintenance plan for the lifetime of the development shall be submitted to the Local Planning authority and agreed in writing. The sustainable drainage management and maintenance plan shall include as a minimum:

a) The arrangements for adoption by an appropriate public body or statutory undertaker; or

b) Arrangements concerning appropriate funding mechanisms by a Resident's Management Company including a Management Plan for the ongoing maintenance of all elements of the sustainable drainage system (including mechanical components) and will include elements such as ongoing inspections relating to performance and asset condition assessments, operation costs, regular maintenance, remedial woks and irregular maintenance caused by less sustainable limited life assets or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime.

The development shall subsequently be completed, maintained and managed in accordance with the approved plan.

REASON: To manage flooding and pollution and to ensure that a managing body is in place for the sustainable drainage system and there is funding and maintenance mechanism for the lifetime of the development in accordance with Policy 29 in the Central Lancashire Core Strategy

8. No development hereby permitted shall be occupied until the sustainable drainage scheme for the site, as required by condition 7 above, has been completed in accordance with the agreed details. The sustainable drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan.

REASON: To ensure that the drainage for the proposed development can be adequately maintained and to ensure that there is no flood risk on or off-the site resulting from the proposed development or resulting from inadequate the maintenance of the sustainable drainage system in accordance with Policy 29 in the Central Lancashire Core Strategy

9. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order) no development of the type described in Classes A to E Part 1 of Schedule 2 of that Order shall be undertaken without the express permission of the Local Planning Authority to plots 2 to 8 inclusive.

REASON: To enable the Local Planning Authority to retain control over future development in the interest of residential amenity and the character and appearance of the area in accordance with Policy 17 in the Central Lancashire Core Strategy and Policy G17 in the South Ribble Local Plan 2012-2026

10. No part of the development hereby approved shall commence until a scheme for the construction 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 as part of a section 278 agreement, under the Highways Act 1980.

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 enable all construction traffic to enter and leave the premises in a safe manner without causing a hazard to other road users and to be in accordance with Policy G17 in the South Ribble Local Plan 2012-2026.

11. No part of the development hereby approved shall be occupied until the approved scheme referred to in Condition 10 above has been constructed and completed in accordance with the agreed scheme details.

REASON: In order that the traffic generated by the development does not exacerbate unsatisfactory highway conditions in advance of the completion of the highway scheme/works.

12. The new estate 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 as required Policy G17 in the South Ribble Local Plan 2012-2026

13. For the full period of construction, facilities shall be available on-site for the cleaning of the wheels of vehicles leaving the site. Such equipment shall be used as necessary to prevent mud and stones being carried onto the highway. The roads adjacent to the site shall be mechanically swept as required during the full construction period.

REASON: In the interests of highway safety and other highway users in accordance with Policy G17 in the South Ribble Local Plan 2012-2026

14. No development shall take place, including any works of demolition, until a Construction Management Plan has been submitted to, and approved in writing by, the Local Planning Authority. The approved Plan shall be adhered to throughout the construction period. The Plan shall provide for:

I. the proposed times construction works will take place

II. the parking of vehicles of site operatives and visitors

III. loading and unloading of plant and materials

IV. storage of plant and materials used in constructing the development

V. the location of the site compound

VI. appropriate measures to control the emission of dust and dirt during construction

VII. appropriate measures to control the emission of noise during construction

VIII. details of all external lighting to be used during the construction

IX. a scheme for recycling/disposing of waste resulting from demolition and construction works

REASON: To safeguard the amenities of neighbouring properties in accordance Policy 17 in the Central Lancashire Core Strategy and Policy G17 in the South Ribble Local Plan 2012-2026

15. Prior to the commencement of development, a detailed method statement for the removal or long-term management /eradication of invasive plants, as identified under the Wildlife and Countryside Act 1981 shall be submitted to and approved in writing by the Local Planning Authority. The method statement shall include proposed measures to prevent the spread of invasive plants during any operations such as mowing, strimming or soil movement. It shall also contain measures to ensure that any soils brought to the site are free of the seeds / root / stem of any invasive plant covered under the Wildlife and Countryside Act 1981. Development shall proceed in accordance with the approved method statement.

REASON: The spread of invasive plants is prohibited under the Wildlife and Countryside Act 1981. Without measures to prevent spread as a result of the development there would be the risk of an offence being committed and avoidable harm to the environment recurs

16. During the construction phase of the development hereby approved, the mitigation measures outlined in the submitted document by Envirotech dated 9 February 2016 in respect of Brown Hare shall be implemented in full for the duration of the development.

REASON: To ensure that adequate provision is made for these species in accordance with Policy 22 in the Central Lancashire Core Strategy and Policy G16 in the South Ribble Local Plan 2012-2026

17. Prior to commencement of the development hereby approved, a method statement shall be submitted to and approved in writing which identifies remedial pruning to be carried out. Once the agreed remedial pruning has taken place, and prior to any construction or demolition works being commenced, barrier fencing shall be erected around all trees to be retained on the site as detailed in the Tree Constraints Plan Dwg No: BTC708-TCP which has been agreed by the Local Planning Authority. The fencing shall be constructed and located in compliance with BS 5837 2012 - Trees in Relation to Design, Demolition and Construction - Recommendations. Within these fenced areas no development, vehicle manoeuvring, storage of materials or plant, removal or addition of soil may take place. This includes ground disturbance for utilities. The fencing shall not be moved in part or wholly without the written agreement of the Local Planning Authority. The fencing shall remain in place until completion of all development works and removal of site vehicles, machinery, and materials in connection with the development.

REASON: To prevent damage to trees during construction works in accordance with Policy G13 in the South Ribble Local Plan 2012-2026

18. No development shall commence until details of the landscaping of the site including, the provision of replacement tree and hedgerow planting, have been submitted to, and approved in writing by, the Local Planning Authority. The approved scheme shall be implemented in the first planting season following completion of the development, or first occupation/use, whichever is the soonest.

The approved scheme shall be maintained by the applicant or their successors in title thereafter for a period of 5 years to the satisfaction of the Local Planning Authority. This maintenance shall include the replacement of any tree or shrub which is removed, becomes seriously damaged, seriously diseased or dies, by the same species or different species, and shall be agreed in writing by the Local Planning Authority. The replacement tree or shrub must be of similar size to that originally planted.

Details submitted shall be compliant with 'BS 5837 2012 - Trees in Relation to Design, Demolition and Construction - Recommendations' and shall include details of trees and hedges to be retained or removed, root protection zones, barrier fencing, and a method statement for all works in proximity to those trees or hedges to be retained during the development and construction period. Details shall also indicate the types and numbers of trees and shrubs, their distribution on site, those areas seeded, turfed, paved or hard landscaped, including details of any changes of level or landform and the types and details of all fencing and screening.

REASON: In the interests of the amenity of the area in accordance with Policy 17 in the Central Lancashire Core Strategy and Policy G8 in the South Ribble Local Plan 2012-2026

19. Prior to commencement of the development hereby approved, a scheme detailing the boundary treatments of the whole site be submitted to and approved in writing by the Local Planning Authority. Boundary treatments should include the provision of native hedgerow planting. The occupation of any of the dwellings shall not occur until the fencing/walling has been erected and the hedgerow planted in accordance with the approved details. Any fencing/walling erected or hedgerow planted pursuant to this condition shall be retained at all times thereafter.

REASON: To ensure the provision and retention of adequate screening in the interest of amenity in accordance with Policy 17 of the Central Lancashire Core Strategy and Policy G17 in the South Ribble Local Plan 2012-2026

20. Prior to the commencement of development hereby approved, the following information shall be submitted to the Local Planning Authority (LPA) for approval in writing:

a) A Desk Study which assesses the risk of the potential for on-site contamination and ground gases and migration of both on & off-site contamination and ground gases.

b) If the Desk Study identifies potential contamination and ground gases, a detailed Site Investigation shall be carried out to address the nature, degree and distribution of contamination and ground gases and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of the health and safety of site workers, of nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property.

The sampling and analytical strategy shall be submitted to and approved in writing by the LPA prior to the start of the site investigation survey.

c) A Remediation Statement, detailing the recommendations and remedial measures to be implemented within the site.

Any works identified in these reports shall be undertaken when required with all remedial works implemented by the developer prior to occupation of the first and subsequent dwellings.

On completion of the development/remedial works, the developer shall submit written confirmation, in the form of a Verification Report, to the LPA, that all works were completed in accordance with the agreed Remediation Statement.

REASON: To ensure that the site investigation and remediation strategy will not cause pollution of ground and surface waters both on and off site, in accordance with Policy 17 in the Central Lancashire Core Strategy and Policy G14 in the South Ribble Local Plan 2012-2026

21. Prior to first occupation of the dwellings hereby approved, one Electric Vehicle Recharge point shall be provided to all dwellings with one or more off-street parking space/garage space integral to the curtilage of the property.

REASON: To enable and encourage the use of alternative fuel use for transport purposes in accordance with Policy 3 of the Central Lancashire Core Strategy

22. Prior to the first occupation of the development hereby approved, a Full Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. Where the Local Planning Authority agrees a timetable for implementation of the Full Travel Plan, the elements are to be implemented in accordance with that timetable unless otherwise agreed in writing with the Local Planning Authority.

REASON: To promote and provide access to sustainable transport options in accordance with Policy 3 in the Central Lancashire Core Strategy.

23. The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the Local Planning Authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2 of the Nation Planning Policy Framework. The affordable housing shall remain affordable in perpetuity. The scheme shall include:

i. the arrangements for the transfer of the affordable housing to an affordable housing provider[or the management of the affordable housing] (if no RSL involved) ;

ii. the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

iii. the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

REASON: To ensure the provision of affordable housing on-site in accordance with Policy 7 of the Central Lancashire Core Strategy and the Affordable Housing Supplementary Planning Document.

24. All new dwellings are required to achieve a minimum Dwelling Emission Rate of 19% above 2013 Building Regulations.

REASON: Policy 27 of the Central Lancashire Core Strategy requires new dwellings to be built to Code for Sustainable Homes Level 4. However following the Deregulation Bill 2015 receiving Royal Ascent it is no longer possible to set conditions with requirements above a Code Level 4 equivalent. As Policy 27 is an adopted Policy it is still possible to secure energy efficiency reduction as part of new residential schemes in the interests of minimising the environmental impact of the development.

25. Prior to the commencement of the development details shall be submitted to and approved in writing by the Local Planning Authority demonstrating that each dwelling will meet the required Dwelling Emission Rate. The development thereafter shall be completed in accordance with the approved details.

REASON: Policy 27 of the Central Lancashire Core Strategy requires new dwellings to be built to Code for Sustainable Homes Level 4. However, following the Deregulation Bill 2015 receiving Royal Ascent it is no longer possible to set conditions with requirements above a Code Level 4 equivalent. As Policy 27 is an adopted Policy it is still possible to secure energy efficiency reductions as part of new residential schemes in the interests of minimising the environmental impact of the development. This needs to be provided prior to the commencement so is can be assured that the design meets the required dwelling emission rate

26. No dwelling hereby approved shall be occupied until a SAP assessment (Standard Assessment Procedure), or other alternative proof of compliance (which has been previously agreed in writing by the Local Planning Authority) such as an Energy Performance Certificate, has been submitted to and approved in writing by the Local Planning Authority demonstrating that the dwelling has achieved the required Dwelling Emission Rate.

REASON: Policy 27 of the Central Lancashire Core Strategy requires new dwellings to be built to Code for Sustainable Homes Level 4. However, following the Deregulation Bill 2015 receiving Royal Ascent it is no longer possible to set conditions with requirements above a Code Level 4 equivalent. As Policy 27 is an adopted Policy it is still possible to secure energy efficiency reductions as part of new residential schemes in the interests of minimising the environmental impact of the development.

(Councillor M Nathan declared a personal interest in this application as he was known to the objector?s family, but was able under the Code of Conduct for Elected Members, to remain in the meeting during the consideration of the application.

Councillor Yates declared a prejudicial interest in this application as he was known to the objector. He was able under the Code of Conduct for Elected Members to make representations but then left the meeting during the consideration and voting thereon.)

Address: 17 Holland Avenue, Walton-Le-Dale, Preston, Lancashire, PR5 4RJ

Applicant: Mrs Caroline Whiteside

Agent: Mr Ian Riches, 12 Green Drive, Fulwood, Preston, PR2 9SA

Development: Two storey side and rear extension and single storey rear extension

UNANIMOUSLY RESOLVED: Refused

REASON FOR REFUSAL:

The proposed development would be contrary to policy G17 of the Adopted South Ribble Local Plan as it would have a detrimental impact on the neighbouring occupants at number 19 Holland Avenue by virtue of its design, height, scale, massing and proximity to the nearest dwelling (number 19 Holland Avenue). Furthermore. The development would cause harm to the neighbouring property by leading to undue overshadowing and would have an overbearing impact on the occupants of number 19 Holland Avenue.
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