Meeting documents

Planning Committee
Wednesday, 14th September, 2016

Place: Shield Room, Civic Centre, West Paddock, Leyland, PR25 1DH

 Present: Councillor Hesketh (Chairman)

Councillors D Bird, M Donoghue, W Evans, D B Forrest, Mrs M Green, K Jones, J Marsh, Ms L Mawson, M Nathan, J Walton and Yates
 In attendance: David Whelan (Legal Services Manager), Jonathan Noad (Planning Manager), Mike Atherton (Assistant Planning Manager), Catherine Lewis (Senior Planning Officer) and James Wallwork (Democratic Services Officer)
 Public attendance: 48 members of the public were present
 Other Officers: 2 other officers were present

Councillors Ms Bell, Clark, Michael Green, Hughes, Martin and Mullineaux were also present.

Item Description/Resolution Status Action
OPEN ITEMS
39 Welcome and Introductions

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.


Noted   
40 Apologies for Absence

Apologies for absence were submitted on behalf of Councillors Mrs Mort and Mrs Noblet.


Noted   
41 Declarations of Interest

Councillor Donoghue declared a prejudicial interest in planning application 07/2016/0499/REM.

Councillor Marsh declared a personal interest in planning application 07/2016/0649/FUL.
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Noted   
42 Minutes of the Last Meeting
Minutes attached

RESOLVED (11 Yes, 0 No, 1 Abstention):
That the minutes of the meeting held on 24 August 2016 be approved as a correct record and signed by the chairman.
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Agreed   
43 Appeal Decisions

Jonathan Noad, Planning Manager, referred to an appeal for the retention of a building associated with the operation of a micro light airfield (resubmission) at Long Fold Farm, Doles Lane, Bretherton, planning application 07/2015/1522/FUL. He indicated that the Inspector had allowed the appeal. He also indicated that the enforcement notice had also been quashed.


Noted   
44 Planning Application 07-2016-0299-FUL - Land To The Rear Of 60-64 Fossdale Moss, Moss Side, Leyland
Report attached
Appendix attached

Address: Land To The Rear Of 60-64 Fossdale Moss, Fossdale Moss, Moss Side, Leyland

Applicant: Five Star Development Homes Ltd

Agent: Mr Christie McDonald, Steven Abbott Associates LLP, Broadsword House, N Quarry Bus. Park, Appley Bridge, Wigan, WN6 9DL

Development: Erection of 12 dwellings and associated garages together with access following demolition of existing garage at 64 Fossdale Moss

UNANIMOUSLY RESOLVED: Refused

REASONS FOR REFUSAL:

1. That the increase in traffic flow within the cul-de-sac spur off Fossdale Moss (50-66 Fossdale Moss - even numbers only), and the resulting amount of traffic and associated traffic noise, resulting from the proposed vehicular access would have a detrimental impact on the residential amenity of the occupants of neighbouring properties within the cul-de-sac. This is contrary to Policy B1 (criterion c) of the South Ribble Local Plan (2012-2026).

2. The proposed access road between 62 and 64 Fossdale Moss, by virtue of its size, design and proximity, would appear crammed in the streetscene. It would be situated in very close proximity to the southern (front) elevation of 64 Fossdale Moss and, as such, would be seriously detrimental to the character and appearance of the residential area. This is contrary to Policy G17 (criterion b) of the South Ribble Local Plan (2012-2026).
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Agreed   
45 Planning Application 07/2016/0310/OUT ? Land North of Altcar Lane, Leyland
Report (319K/bytes) attached
Update (24K/bytes) attached

Address: Land To The North of Altcar Lane, Leyland

Applicant: Homes and Communities Agency

Agent: Mr Matthew Stopforth, 4th Floor, Bridgewater House, Whitworth Street, Manchester, M1 6LT

Development: Outline application for a residential development (approx 200 dwellings) with access off Leyland Lane (Access applied for)

RESOLVED: (10 Yes, 1 No, 1 Abstention)
That Members be minded to approve the application and that the decision be delegated to the Planning Manager in consultation with the Chair and Vice-Chair of the Planning Committee upon the successful completion of a Section 106 Agreement to secure off site highway works, sustainable highway measures, starter homes, and a financial contribution towards local highway improvements and Worden Park.

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RECOMMENDED CONDITIONS:

1. An application for approval of reserved matters must be made no longer than the expiration of three years beginning with the date of this permission and the development must be commenced not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
REASON: Required to be pursuant to section 92 of the Town and Country Planning Act 1990

2. No development shall commence until approval of the details of the Appearance, Landscaping, Layout and Scale hereinafter called 'the reserved matters', has been obtained from the Local Planning Authority in writing. An application for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission.
REASON: To comply with the requirements of Section 92 of the Town & Country Planning Act 1990.

3. The development hereby approved shall be constructed in accordance with the approved plans:
Drawing No. 60445720 Sheet Number 01002 entitled ?Altcar Lane Site boundary Plan?
Drawing Number 60445720-TS-02 entitled ?Trees Tree Protection Plan?.
D Drawing Number No. 60445720 01006 entitled Movement Parameters Plan.
Drawing Number No. 60445720 01007 entitled ?Green Infrastructure Parameters Plan
Drawing Number No. 60445720 01008 entitled ?Development Area Parameters Plan?
Drawing Number No. 60445720 01009 entitled ?Scale Parameters Plan?
REASON: To ensure a satisfactory form of development

4. Construction Management Plan
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. suitable wheel washing/road sweeping measures
VII. appropriate measures to control the emission of dust and dirt during construction
VIII. appropriate measures to control the emission of noise during construction
IX. details of all external lighting to be used during the construction
X. 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

5. During the site preparation and construction of the development no machinery, plant or powered tools shall be operated outside the hours of 08:00 to 18:00 Monday to Friday 09:00 - 13:00 on Saturdays. No construction shall take place at any time on Sundays or nationally recognised Bank Holidays.
REASON: To safeguard the amenities of neighbouring properties in accordance with Policy 17 of the Central Lancashire Core Strategy.

6. No deliveries of construction materials or removal of construction waste shall be undertaken outside the hours of 09:00 - 17:00 Monday to Friday. No deliveries or removal of waste shall be carried out at weekends or nationally recognised Bank Holidays.
REASON: To safeguard the amenities of neighbouring properties in accordance with Policy 17 of the Central Lancashire Core Strategy.

7. Prior to the commencement of any works on site, details of all piling activities shall be submitted to the local planning authority together with all mitigation measures to be taken and agreed in writing by the local planning authority. Piling activities shall be limited to 09:30-17:00 Monday to Friday with no workings at week end and Bank Holidays.
REASON: To safeguard the amenities of neighbouring properties in accordance with Policy 17 of the Central Lancashire Core Strategy.

8. Prior to the commencement of any works on site, 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 and 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 2A, 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 buildings, 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 be 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.
(d) 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.
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.
REASON: To ensure that the site investigation and remediation strategy will not cause pollution of ground and surface waters both on and off site, and the site cannot be capable of being determined as contaminated land under Part 2A of the Environmental Protection Act 1990 in accordance with G14 in the South Ribble Local Plan.

9. Once works commence on the site, should site operatives discover any adverse ground conditions and suspect it to be contaminated, they should report this to the Site Manager and the Contaminated Land Officer at South Ribble Borough Council. Works in that location should cease and the problem area roped off. A Competent Person shall be employed to undertake sampling and analysis of the suspected contaminated materials. A report which contains details of sampling methodologies and analysis results, together with remedial methodologies shall be submitted to the Local Planning Authority for approval in writing. The approved remediation scheme shall be implemented prior to further development works taking place and prior to occupation of the development.
Should no adverse ground conditions be encountered during site works and/or development, a verification statement shall be forwarded in writing to the Local Planning Authority prior to occupation of the building(s), which confirms that no adverse ground conditions were found.
REASON: To ensure that the site is suitable for its intended end use and development work will not cause pollution of ground and surface waters both on and off site, in accordance with Policy G14 of the South Ribble Local Plan.

10. Before any site activity (construction or demolition) is commenced in association with the development, barrier fencing shall be erected around all trees to be retained on the site as detailed in the Tree Protection Plan drawing number 60445720-TS-02 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

11. If the development hereby approved does not commence before 15 March 2017, the developmental resurvey shall be carried out to establish whether protected species are present at this site. This shall be undertaken by a qualified person or organisation. In the event of the survey confirming the presence or a protected species details of measures including timing for the protection or relocation of the species shall be submitted to and agreed in writing by the local planning authority.
REASON: To ensure the protection of schedule species protected by the Wildlife and Countryside Act 1081 and so to ensure work is carried out in accordance with Policy 22 in the Central Lancashire Core Strategy and Policy G 16 of the South Ribble Local Plan

12. Prior to the commencement of development a landscape and ecological enhancement plan shall be submitted to and agreed in writing by the local planning authority. The plan shall include full details of:
Location, species, composition and lengths of new hedgerows; location and design of bird breeding and bat roosting opportunities; location and variety of replacement apple trees which should be locally native; species rich grassland that adequately mitigates for the loss of low value 9 ha agricultural grassland including seed supplier and species; the timing of the works and a five year management plan and monitoring plan.
REASON: In the interests of amenity and appearance of the area and in accordance with Policies G17 of the South Ribble Local Plan.

13. Prior to the commencement of the development the varieties of apples to be retained and removed will be ascertained and the information supplied in writing to the local planning authority, which will determine and inform the developer whether grafts should be taken by the developer.
REASON: To ensure a satisfactory form of development

14. Prior to the commencement of development, a scheme and programme for the laying out, landscaping, maintenance and retention of any formal or informal public open space and sports facilities within that phase, shall be submitted to the Local Planning Authority for approval in writing. The development shall proceed in accordance with the agreed scheme.
REASON: In the interests of visual amenity of the area in accordance with Policy G17 of the South Ribble Local Plan 2012-2026.

15. That any tree felling, vegetation clearance works, demolition work or other works that may affect nesting birds shall not take place during the nesting season, normally between March and August, unless the absence of nesting birds has been confirmed by further surveys or inspections and written approval has been given from the Local Planning Authority.
REASON: To protect habitats of wildlife in accordance with Policy 22 of the Central Lancashire Core Strategy.

16. Prior to the commencement of any works on site an assessment for the presence of invasive plants, as identified under the Wildlife and Countryside Act 1981, shall be undertaken and the results submitted to the local planning authority for approval along with a detailed methodology for the removal of any identified invasive plants.
REASON: To prevent the spread of invasive plants.

17. Any application for Reserved Matters shall accord with the parameters plan referred to in Condition 3 and entitled "Scale Parameters Plan" of this permission which identifies the building heights across the site unless the prior written approval of the local planning authority is obtained to any variation thereto.
If the permission of the local planning authority is obtained for any variation thereto, the relevant Development shall only be constructed in accordance with the permitted variation.
REASON: To ensure that a satisfactory form of development is achieved.

18. That the proposed site layout to be submitted with the Reserved Matters application shall include a scheme for the provision of public open space broadly in accordance with the illustrative Masterplan. The designated areas of public open space shall remain free from development thereafter.
REASON: In the interests of residential amenity so as to accord with Policy G17 in the South Ribble Local Plan 2012-2026.

19. Electric vehicle recharge points shall be installed during the construction of the dwelling.
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.

20. No development shall commence until an Interim Travel Plan has been submitted to, and approved in writing by, the Local Planning Authority. The provisions of the Interim Travel Plan shall be implemented and operated in accordance with the timetable contained therein unless otherwise agreed in writing with the Local Planning Authority.
REASON: To ensure that the development provides sustainable transport options.

21. No part of the residential development hereby approved shall be occupied until a scheme and programme for the 2 existing flag and pole bus stops nearest to the stile have been improved to full mobility standard with shelters.
REASON: To ensure a satisfactory form of development and make bus travel more attractive to residents.

22. No part of the development hereby approved shall commence until a scheme (and full construction details) 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. The Site Access and highway improvement works (including traffic calming and speed limit extension) to be based on the in principle scheme drawings Drawing Numbers 604457200_001 Rev C, "Potential site access location and swept path analysis", no. 04002 "Proposed Access with trees" and 604457200_002 Rev C "Proposed site access location, traffic calming and visibility splays".
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.

23. No part of the residential development hereby approved shall be occupied until the approved scheme for the site access has been constructed and completed in accordance with the 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.

24. The new estate road/access between the site and Leyland Lane shall be constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads to at least base course level before the occupation of the first dwelling.
REASON: To ensure that satisfactory access is provided to the site before the development hereby permitted becomes operative.

25. No development shall 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 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 future management and maintenance of the proposed streets is secured.

26. No part of the residential development hereby approved shall be occupied until the existing PROWs (Footpaths 46 and 20) passing through the site have been upgraded to 3m wide lit shared use routes for shared pedestrian/cycle use, in accordance with a scheme which shall have first been submitted to and agreed in writing with the local planning authority.to be submitted
REASON: To safeguard the PROW routes and to provide connectivity to the surrounding built environment Road to satisfy the aims of NPPF.

27. The foul and surface water systems shall be drained on separate systems.
REASON: To secure proper drainage and to manage the risk of flooding and pollution.

28. The drainage of the development hereby approved shall be carried out in accordance with the principles set out in the principles of the Flood Risk Assessment dated April 2016 which was prepared by AECOM. No surface water will be permitted to drain directly or indirectly in to the public sewer. Any variation to the discharge of foul shall be agreed in writing by the local planning authority prior to the commencement of the development. The development shall be completed in accordance with the application details.
REASON: To ensure a satisfactory form of development and to prevent an undue increase in surface water runoff and to reduce the risk of flooding.

29. As part of any reserved matters application and prior to the commencement of any development the following details shall be submitted to, and approved in writing by the local planning authority, in consultation with the Lead Local Flood Authority.
Surface water drainage scheme which as a minimum shall include:
a) Information about the lifetime of the development design storm period and intensity (1in 30 & 1 in 100 year +30% allowance for climate change), discharge rates and volumes (both pre and post development ) temporary storage facilities means of access for maintenance and easements where applicable the methods employed to delay and control surface water discharged from the site and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters, including watercourse , and details of flood levels in AOD.
b) The drainage scheme should demonstrate that the surface water runoff must not exceed existing green field runoff. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.
c) Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant):
d) Flood water exceedance routes, both on and off site:
e) A timetable for implementation, including phasing where applicable
f) Site investigation and test results to confirm infiltration rates;
g) Details of water quality controls where applicable.
The scheme shall be fully implemented and subsequently maintained, in accordance with the timing/phasing arrangements embodied within the scheme or within any other period as may subsequently be agreed, in writing, by the local planning authority.
REASON: To reduce the risk of flooding to the proposed development elsewhere and to future users.

30. No development hereby permitted shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with the submitted details.
The sustainable drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan.
REASON: To ensure that there is no flood risk on-or off the site resulting from the proposed development or resulting from inadequate maintenance of the sustainable drainage system.

31. Prior to the commencement of the development a sustainable drainage maintenance and management 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, management and maintenance by a Residents Management Company.
(b) Arrangements concerning appropriate funding mechanisms for its ongoing maintenance of all elements of sustainable drainage system (including mechanical components) and will include elements such as ongoing inspections relating to performance and asset conation assessments, operation costs, regular maintenance, remedial works 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 are funding and maintenance mechanisms for the lifetime of the development.

32. No development shall commence until details of the finished floor levels have been submitted to and approved in writing by the local planning authority. The development shall be constructed in accordance with the approved details.
REASON: For the avoidance of doubt to ensure a satisfactory standard of development.

33. All new dwellings are required to achieve a minimum Dwelling Emission Rate of 19% above 2013 Building Regulations.
REASON: Policy 27 of the adopted 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. However 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.

34. 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 Adopted 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. However, 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 it can be assured that the design meets the required dwelling emission rate.

35. 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 adopted 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. However 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.

36. No development shall take place until the applicant or their agent or their successors in title has secured the implementation of a programme of work. This work must be carried out in accordance with a written scheme of investigation which shall first have been submitted to and agreed in writing by the Local Planning Authority.
The programme of archaeological work should include a programme of geophysical surveying undertaken by a professionally qualified archaeological contractor followed by such subsequent work as required to investigate and record any remains encountered.
REASON: To ensure and safeguard the recording and inspection of matters or archaeological importance associated with the site.

37. Prior to the commencement of development hereby approved, full details of the design and materials of construction for internal estate road shall be submitted to and approved in writing by the Local Planning Authority. This detail shall be in accordance with the LCC Specification for Construction of Estate Roads. This estate road shall be constructed to base course level prior to the commencement of construction of any dwelling.
REASON: In the interests of highway safety as required Policy G17 in the South Ribble Local Plan 2012-2026

38. Prior to the commencement of development hereby approved, full details of the design and materials of construction for internal estate road shall be submitted to and approved in writing by the Local Planning Authority. This detail shall be in accordance with the LCC Specification for Construction of Estate Roads. This estate road shall be constructed to base course level prior to the commencement of construction of any dwelling.
REASON: In the interests of highway safety as required Policy G17 in the South Ribble Local Plan 2012-202

39. Prior to the first use of the development, 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.

40. The development shall not commence until an Employment and Skills Training Plan that is tailored to the development has been submitted to an approved by the Local Planning Authority. The development shall be carried out in accordance with that plan.
REASON: In the interests of delivering local employment and skills training opportunities and in accordance with Core Strategy Policy 15.
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Agreed   
46 Planning Application 07/2016/0479/FUL - Spring Bank, 123 Duddle Lane, Bamber Bridge
Report attached
Update (24K/bytes) attached

Address: Spring Bank, 123 Duddle Lane, Bamber Bridge, PR5 4TB

Applicant: Jones Homes Lancashire and Bowsall Ltd

Agent: Mr Alexis De Pol, Farington House, Stanifield Business Park, Stanifield Lane, Leyland, PR25 4UA

Development: Erection of 26 dwellings (including 7 Starter homes) with associated infrastructure following demolition of existing dwelling and outbuildings

Some members of the committee expressed concern regarding a pedestrian refuge in the centre of the highway on Station Road near to Duddle Lane. The members indicated that as it was located adjacent to a bus stop, when a bus does stop it causes significant congestion. They indicated that it had been an issue which the Eastern My Neighbourhood Committee has been trying to address. The Planning Manager stated that this could not be included as part of this application but agreed to raise the matter at a forthcoming meeting with Lancashire County Council.


UNANIMOUSLY RESOLVED:
That the Members be minded to approve the application and that the decision be delegated to the Planning Manager in consultation with the Chair and Vice-Chair of the Planning Committee upon the submission of the appropriate survey of the existing dwelling on-site for bats and, if necessary, a Method Statement giving details of measures to be taken to avoid any possible harm to bats during site clearance and construction works together with the successful completion of a Section 106 Agreement to secure the provision of on-site affordable housing and a financial contribution for off-site affordable housing provision.

RECOMMENDED CONDITIONS:

1. That 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 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 submitted approved plans numbered DUDDLE/LOC/01 (Site Location Plan), DUDDLE/SK/01 (Planning Layout), DUDDLE/SK/02 (Boundary Treatment Plan), SCP/16253/F01 (Proposed Site Access), SF 10 (Fence Details), FYDLE-SDL-FENCE-01 (Screen Fence Details), D5829.001B (Detailed Planting Plan), D5829.002B (Detailed Planting Plan), STA-P01 (2010) (The Standen, ), MSS-L1A2010-PLNG01 (The Marton/Sutton 3 Block), MSS-L1A2010-PLNG02 (The Marton/Sutton 3 Block), HOL-P-01 (2010) (The Holcombe), DUDLE/APT/01 (Apartments), DUDLE/APT/02 (Apartments), DET-DG-PLNG01 (Detached Double Garage), DET-DG-PLNG02 (Detached Double Garage), DAV-P-01 (2010) (The Davenham), DAV-P-02 (2010) (The Davenham), BAYS-P-01 (2010) The Bayswater), BAN-P-01 (2010) (The Banbury), BAN-P-02 (2010) (The Banbury), AVIARY-L1A2010-PLNG01 (The Aviary), AVIARY-L1A2010-PLNG02 (The Aviary), STA-P01 (2010) (The Standen) and DET-QG-PLNG01 (Detached Quadrauple Garage)
REASON: To ensure a satisfactory standard of development in accordance with Policy 17 in the Central Lancashire Core Strategy and Policy G1 of the South Ribble Local Plan (2012-2026).

3. No work shall be commenced until satisfactory details of the colour and texture of the facing and roofing materials to be used have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details
REASON: To ensure the satisfactory detailed appearance of the development in accordance with Policy 17 in the Central Lancashire Core Strategy and Policy G17 in the South Ribble Local Plan (2012-2026).

4. The dwelling is required to achieve a minimum Dwelling Emission Rate of 19% above 2013 Building Regulations.
REASON: Policy 27 of the Adopted 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. However 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.

5. Prior to the commencement of the development details shall be submitted to and approved in writing by the Local Planning Authority demonstrating that the 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 Adopted 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. However 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

6. 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 Adopted 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. However 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.

7. Prior to the commencement of development details of the landscaping of the site including, wherever possible, the retention of existing trees and hedges 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

8. Prior to the commencement of development, a scheme for the provision of foul and surface water drainage shall be submitted to and be approved in writing by the Local Planning Authority. The approved scheme shall be implemented in accordance with the approved plans during the development and shall be thereafter retained and maintained for the duration of the approved use.
REASON: For the avoidance of doubt and to protect the living conditions of future occupants of the site in accordance with Policy 29 in the Central Lancashire Core Strategy

9. No development shall commence until details of the design, based on sustainable drainage principles, and implementation of an appropriate surface water sustainable drainage scheme have been submitted to and approved in writing by the local planning authority.
Those details shall include, as a minimum:
a) Information about the lifetime of the development, design storm period and intensity (1 in 30 & 1 in 100 year + allowance for climate change see EA advice Flood risk assessments: climate change allowances'), discharge rates and volumes (both pre and post development), temporary storage facilities, the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters, including watercourses, and details of floor levels in AOD;
b) The drainage strategy should demonstrate that the surface water run-off must not exceed 10 litres per second. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.
c) Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant);
d) Flood water exceedance routes, both on and off site;
e) A timetable for implementation, including phasing as applicable;
f) Evidence of an assessment of the site conditions to include site investigation and test results to confirm infiltrations rates
g) Details of water quality controls, where applicable.
h) Robust evidence as to why the preferred discharge destination (PPG para80) cannot be utilised
The scheme shall be implemented in accordance with the approved details prior to first occupation of any of the approved dwellings, or completion of the development, whichever is the sooner. Thereafter the drainage system shall be retained, managed and maintained in accordance with the approved details.
REASON: For the avoidance of doubt and to protect the living conditions of future occupants of the site in accordance with Policy 29 in the Central Lancashire Core Strategy

10. No development hereby permitted shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with the submitted 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 proposed development can be adequately drained, to improve water management and reduce the risk of flooding in accordance with Policy 29 in the Central Lancashire Core Strategy

11. No development shall commence until details of an appropriate management and maintenance plan for the sustainable drainage system for the lifetime of the development have been submitted which, as a minimum, shall include:
a) The arrangements for adoption by an appropriate public body or statutory undertaker, management and maintenance by a Residents' Management Company
b) Arrangements concerning appropriate funding mechanisms for its on-going maintenance of all elements of the sustainable drainage system (including mechanical components) and will include elements such as:
i. on-going inspections relating to performance and asset condition assessments
ii. operation costs for regular maintenance, remedial works 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;
c) Means of access for maintenance and easements where applicable.
The plan shall be implemented in accordance with the approved details prior to first occupation of any of the approved dwellings, or completion of the development, whichever is the sooner. Thereafter the sustainable drainage system shall be managed and maintained in accordance with the approved details.
REASON: To ensure that the proposed development can be adequately drained, to improve water management and reduce the risk of flooding in accordance with Policy 29 in the Central Lancashire Core Strategy

12. Prior to the commencement of development, a ground level survey to include existing ground levels and existing and proposed ground and slab levels shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with this scheme.
REASON: To ensure the satisfactory appearance and drainage of the site and to accord Policy 17 of the Core Strategy

13. No development shall take place, including any works of demolition, until a suitable Construction Nuisance Prevention 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 parking of vehicles of site operatives and visitors
II. loading and unloading of plant and materials
III. storage of plant and materials used in constructing the development
IV. the location of the site compound
V. suitable wheel washing/road sweeping measures
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).

14. No machinery shall be operated; no process shall be carried out and no deliveries taken at or dispatched from the site outside the following times:
0800 hrs to 1800 hrs Monday to Friday
0800 hrs to 1300 hrs Saturday
No activities shall take place on Sundays, Bank or Public Holidays.
REASON: To safeguard the living conditions of nearby residents particularly with regard to the effects of noise in accordance with Policy 17 in the Central Lancashire Core Strategy.

15. Once works commence on the site, should site operatives discover any adverse ground conditions and suspect it to be contaminated, they should report this to the Site Manager and the Contaminated Land Officer at South Ribble Borough Council. Works in that location should cease and the problem area roped off. A Competent Person shall be employed to undertake sampling and analysis of the suspected contaminated materials. A Report which contains details of sampling methodologies and analysis results, together with remedial methodologies shall be submitted to the Local Planning Authority for approval in writing. The approved remediation scheme shall be implemented prior to further development works taking place and prior to occupation of the development.
Should no adverse ground conditions be encountered during site works and/or development, a Verification Statement shall be forwarded in writing to the Local Planning Authority prior to occupation of the building(s), which confirms that no adverse ground conditions were found.
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).

16. Prior to the first occupation of any dwelling, that dwelling shall be provided with an electric vehicle charging point which shall be retained for that purpose thereafter.
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.

17. No property shall be occupied, or be brought into use, until their respective car parking spaces have been surfaced or paved in accordance with a scheme to be approved in writing by the Local Planning Authority and the car parking spaces and manoeuvring areas marked out in accordance with the approved plan.
REASON: To allow for the effective use of the parking areas, in accordance with Policy 17 in the Central Lancashire Core Strategy and Policy F1 of the South Ribble Local Plan (2012-2026).

18. 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 built development takes place within the site.
REASON: To ensure that satisfactory access is provided to the site before the development hereby permitted becomes operative in accordance with Policy 3 of the Core Strategy.

19. 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.

20. Nothwithstanding the provisions of the Town and Country Planning (General Development Procedure) (Amendment) (No2) (England) Order 2008, or any subsequent Orders or statutory provision re-enacting the provisions of these Orders, all garages shown on the approved plans shall be maintained as such and shall not be converted to or used for living accommodation without the prior written approval of the Local Planning Authority in consultation with the Highway Authority.
REASON: In the interests of highway safety and other highway users in accordance with Policy 3 of the Core Strategy.

21. 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 and E of Part 1 of Schedule 2 of that Order shall be undertaken in relation to Plots 12, 12a and 14, as identified on the approved site layout plan, without the express permission of the Local Planning Authority
REASON: To enable the Local Planning Authority to retain control over the use of the land and to prevent future damage to trees in accordance with Policy 17 in the Central Lancashire Core Strategy.

22. Prior to the commencement of each phase of development, a scheme and programme for the laying out, landscaping, maintenance and retention of any area of public amenity land within that phase, shall be submitted to the Local Planning Authority for approval in writing. The development shall proceed in accordance with the agreed scheme.
REASON: In the interests of visual amenity of the area in accordance with Policy 17 of the Core Strategy and Policy G17 of the South Ribble Local Plan 2012-2026.

23. No development shall take place, including any works of demolition, until a suitable Reasonable Avoidance Measures Statement in relation to Great Crested Newts has been submitted to, and approved in writing by, the local planning authority. The approved Plan shall be adhered to throughout the demolition and construction period.
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).

24. Should the development not have commenced within 12 months of the date of this permission, a re-survey be carried out to establish whether bats or barn owls are present at the site shall be undertaken by a suitably qualified person or organisation. In the event of the survey confirming the presence of bats or barn owls details of measures, including timing, for the protection or relocation of the species shall be submitted to and agreed in writing by the Local Planning Authority and the agreed measures implemented.
REASON: To ensure the protection of schedule species protected by the Wildlife and Countryside Act 1981 and so as to ensure work is carried out in accordance with Policy 22 in the Central Lancashire Core Strategy and Policy G16 in the South Ribble Local Plan 2012-2026

25. Prior to the first occupation of the dwellings hereby approved, the cycling storage facilities be provided in accordance with a scheme to be submitted to and approved by the Local Planning Authority and the cycling storage facilities to be provided in accordance with the approved plan and permanently maintained thereafter.
REASON: To ensure the provision and retention of adequate on-site parking facilities and to accord with Policy F1 and Policy G17 in the South Ribble Local Plan 2012-2026

26. Prior to the commencement of the development, hereby approved, full details of the bin storage facilities for the apartments hereby approved (Plots 17-20) shall be submitted to and approved in writing by the Local Planning Authority. The approved bin storage facilities shall be provided prior to first occupation of any of the relevant plots and retained as such thereafter
REASON: To provide effective storage facilities for domestic refuse and to safeguard the visual amenity of the area in accordance with Policies 17 and 27 in the Central Lancashire Core Strategy and Policy G17 in the South Ribble Local Plan 2012-2026

27. That any tree felling, vegetation clearance works, demolition work or other works that may affect nesting birds shall not take place between March and July inclusive of any year, unless the absence of nesting birds has been confirmed by further surveys or inspections and written approval has been given from the Local Planning Authority.
REASON: To protect habitats of wildlife, in accordance with Policy 22 of the Core Strategy.

28. Prior to the importation of any subsoil and/or topsoil material into the proposed development site, a written assessment of the suitability of the material shall be submitted to and approved in writing by the Local Planning Authority. The information submitted shall include details of the material source, sampling methodologies and analysis results, in order to demonstrate that the material does not pose a risk to human health as defined under Part 2A of the Environmental Protection Act 1990.
REASON: To ensure that the material is suitable for its intended use and development will not cause pollution of ground and surface waters both on and off site, in accordance with Policy 17 of the Central Lancashire Development Plan and the National Planning Policy Framework.
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Agreed   
47 Planning Application 07/2016/0499/REM - Roadferry Ltd, Carr Lane, Farington
Report attached

(Councillor Donoghue declared a prejudicial interest in the following planning application as he lived close to the application site and left the meeting during the consideration of the application.)

Address: Roadferry Ltd, Carr Lane, Farington, Lancashire

Applicant: Rowland Homes Ltd

Agent: Mr Chris Betteridge, Farington House, Stanifield Business Park, Stanifield Lane, Leyland, PR25 4UA

Development: Application for Reserved Matters for the erection of 70 dwellings (including 7 affordable) together with associated infrastructure (appearance, landscaping, layout and scale)

RESOLVED: (9 Yes, 0 No, 2 Abstention)
That the Members be minded to approve the application and that the decision be delegated to the Planning Manager in consultation with the Chair and Vice-Chair of the Planning Committee upon the successful completion of a Deed of Variation to the Section 106 Agreement on the associated outline planning permission (07/2008/0426/OUT) to secure a provision of 10% affordable housing on-site and to allow staircasing of the Shared Ownership properties to 100%.

RECOMMENDED CONDITIONS:

1. The development hereby approved shall be begun either before the expiration of 3 years from the date of the outline permission, or before the expiration of 2 years from the date of the permission herein.
REASON: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990

2. The development shall be carried out in accordance with the approved materials schedule detailed on the approved Drawing no. R082/3 (Materials Schedule Plan) unless otherwise agreed in writing with the Local Planning Authority.
REASON: To ensure the satisfactory detailed appearance of the development in accordance with Policy 17 in the Central Lancashire Core Strategy and Policy G17 in the South Ribble Local Plan 2012-2026.

3. No property shall be occupied, or be brought into use, until their respective car parking spaces have been surfaced or paved in accordance with a scheme to be approved in writing by the Local Planning Authority and the car parking spaces and manoeuvring areas marked out in accordance with the approved plan.
REASON: To allow for the effective use of the parking areas, in accordance with Policy 17 in the Central Lancashire Core Strategy and Policy F1 of the South Ribble Local Plan 2012-2026.

4. Nothwithstanding the provisions of the Town and Country Planning (General Development Procedure) (Amendment) (No2) (England) Order 2008, or any subsequent Orders or statutory provision re-enacting the provisions of these Orders, all garages shown on the approved plans shall be maintained as such and shall not be converted to or used for living accommodation without the prior written approval of the Local Planning Authority in consultation with the Highway Authority.
REASON: In the interests of highway safety and other highway users in accordance with Policy 3 of the Core Strategy.

5. The development shall be carried out in accordance with the approved Construction Management Plan (ref. Revision B) unless otherwise agreed in writing with the Local Planning Authority.
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

6. Prior to the commencement of each phase of development, a scheme and programme for the laying out, landscaping, maintenance and retention of any area of public amenity land within that phase, shall be submitted to the Local Planning Authority for approval in writing. The development shall proceed in accordance with the agreed scheme.
REASON: In the interests of visual amenity of the area in accordance with Policy 17 of the Core Strategy and Policy G17 of the South Ribble Local Plan 2012-2026.

7. The approved landscaping scheme shall be implemented in the first planting season following completion of the development or first occupation/use, whichever is the soonest, and shall be maintained thereafter for a period of not less than 5 years to the satisfaction of the Local Planning Authority, in compliance with BS 5837 2012 - Trees in Relation to Design, Demolition and Construction - Recommendations. This maintenance shall include the watering, weeding, mulching and adjustment and removal of stakes and support systems, and shall include the replacement of any tree or shrub which is removed, becomes seriously damaged, seriously diseased or dies by the same species. The replacement tree or shrub must be of similar size to that originally planted.
REASON: In the interests of the amenity of the area in accordance with Policy 17 in the Central Lancashire Core Strategy, Policy G13 and Policy G17 in the South Ribble Local Plan 2012-2026.

8. The development, hereby permitted, shall be carried out in accordance with the submitted approved plans Dwgs no. R082/1 D (Planning Layout), R082/2 B (Fencing Layout), R082/1000 (Location Plan), HT101/P/02 A (Cranbrook), HT105/P/111 D (Burlington), HT132/P/111 (Victoria), HT138/P/113 (Ashgate), HT150/P/02 (Wallace), HT164/P/1 (A2), HT165(H)/P/1-1 (A3), HT166/P/111 (Charleston), P/SG/1 (Single Detached Garage), P/TG/1 (Twin Detached Garage), 5260.01 B (Landscape Proposal) and 5260.02 BA (Landscape Proposal).
REASON: To ensure a satisfactory standard of development in accordance with Policy 17 in the Central Lancashire Core Strategy and Policy G17 in the South Ribble Local Plan 2012-2026.
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Agreed   
48 Planning Application 07/2016/0643/FUL - Vue Cinema, The Capitol Centre, Capitol Way, Walton-le-Dale
Report attached

Address: Vue Cinema, The Capitol Centre, Capitol Way, Walton-Le-Dale, Preston,
PR5 4AW

Applicant: The Royal London Mutual Insurance Society Ltd

Agent: Mr Danny Simmonds, 140 London Wall, London, EC2Y 5DN

Development: Refurbishment of existing cinema building including extension to front to provide new entrance feature following demolition of existing entrance canopy structure and part of colonnade walkway together with new cladding to building frontage

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 11932-132 Rev A Proposed Site Plan: 11932-134 Rev B Proposed Elevations 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
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Agreed   
49 Planning Application 07/2016/0649/FUL - Gregson Lane Pavilion, Gregson Lane, Hoghton
Report attached

(Councillor Marsh declared a personal interest in the following planning application as he umpired at Gregson Lane and had volunteered to help at some fundraising events, but was able under the Code of Conduct for Elected Members, to remain in the meeting and take part in the consideration of the application.)

Address: Gregson Lane Pavilion, Gregson Lane, Hoghton, Lancashire

Applicant: Gregson Green

Development: Erection of portable steel storage box (adjacent existing changing rooms)

RESOLVED: (11 Yes, 0 No, 1 Abstention)

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 8-SK01 Plans and Elevations 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. The building hereby permitted shall be removed and the land restored to its former condition on or before 1 September 2021
REASON: To enable the Local Planning Authority to retain control over the use of the land
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Agreed   

  Published on Friday 23 September 2016
(The meeting finished at 9.05pm)