Residential development of six semi-detached houses and nine detached houses and access road (demolition of garages attached to electricity substation)

Springbank West Street Padiham Lancashire

 

 

Decision:  That delegated authority be given to the Head of Housing and Development Control to approve the development subject to the completion of a s106 Agreement to secure a contribution towards the improvement of existing public open space and to the following conditions:

 

Conditions

 

1.            The development must be begun within three years of the date of this decision.

 

2.            The development hereby permitted shall be carried out in accordance with the following approved plans listed on this notice below.

 

3.            Prior to construction work commencing on the approved dwellings, details and representative samples of the external materials of construction to be used on the walls and roof of the development shall be submitted to and approved in writing by the Local Planning Authority.  The development shall thereafter only be carried out in accordance with the approved materials.

 

4.            No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement 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 erection and maintenance of security hoarding;

               v)  measures to control the emission of dust and dirt during construction;

              vi) measures to control noise during construction; 

               vii) wheel washing facilities;

               viii) details of working hours;

              ix) details of phasing of the development and timescales for completion of stages of the development;

             x) routing of delivery vehicles to/from the site; and,

               xi) contact details for the site manager.

 

5.            No construction of the approved dwellings shall be commenced until a scheme for the construction of the site access has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved scheme has been carried out and completed in accordance with the approved details.

 

6.            Prior to the commencement of development, the following shall be submitted to and approved in writing by the Local Planning Authority:-

               a) A desktop study to identify all previous site uses, potential contaminants that might reasonably be expected given those uses and other relevant information. Using this information a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors shall be produced.

               b)  If necessary following the recommendations of a) above, a site investigation designed for the site using the information obtained from (a) above; and,

               c)  a site investigation and associated risk assessment; and,

               d)  a Method Statement and remediation strategy, based on the Information obtained from c) above.

 

               The development shall then proceed in strict accordance with the measures approved.  Work shall be carried out and completed in accordance with the approved method statement and remediation strategy referred to in (d) above, and to a timescale which shall be agreed in writing by the Local Planning Authority.

 

7.            Prior to the construction of any built development, a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained and details of new planting shall be submitted to and approved in writing by the Local Planning Authority.

 

8.            All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of any of the dwellings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written approval to any variation.

 

9.            No works to trees or shrubs shall be carried out between the 1st March and 31st August in any year unless a detailed bird nest survey by a suitably experienced ecologist has been carried out immediately prior to clearance and written confirmation provided that no active bird nests are present which has been agreed in writing by the Local Planning Authority.

 

10.          Prior to any earthworks taking place, a method statement detailing eradication and/or control and/or avoidance measures for Wall cotoneaster should be submitted to and approved in writing by the Local Planning Authority.  The approved method statement shall thereafter be implemented and adhered to in full throughout the course of the development.

 

11.          Prior to the commencement of development, details of a surface water drainage scheme, based on sustainable drainage principles, shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented and completed prior to any part of the development being first brought into use. The approved drainage scheme shall thereafter be retained in perpetuity.

 

12.          No dwelling shall be first occupied unless and until its associated car parking has been constructed, drained, surfaced and is available for use in accordance with the approved plans.  The car parking spaces associated with each dwelling shall thereafter be retained for the purposes of car parking at all times in the future.

 

13.          No detached dwelling shall be first occupied until it has been provided with an electric car charging point which uses a three-pin 13-amp electrical socket in a suitable position to enable the recharging of an electric vehicle using a 3m length cable.

 

14.          During the site works and construction phase of the development, no construction work or use of machinery or deliveries to the site shall take place on Sundays and Bank/Public Holidays or other than between 08:00 and 18:00 hours Monday to Friday and between 08:00 and 13:00 hours on Saturdays.

 

15.          No dwelling hereby approved shall be first occupied until refuse and recycling storage facilities have been provided in accordance with details that shall be previously submitted to and approved in writing by the Local Planning Authority.  The approved refuse and recycling storage facilities shall thereafter be retained at all times.

 

16.          Prior to the commencement of the construction of any dwelling, a scheme of boundary treatment which shall include design and material specifications, shall be submitted to and approved in writing by the Local Planning Authority.  The approved boundary treatment shall thereafter be carried out and completed prior to the first occupation of any dwelling to which that part of the approved boundary treatment relates and shall be retained at all times thereafter.

 

17.         The development shall be carried out at all times in accordance with Reasonable Avoidance Measures (RAM’s) in accordance with the recommendations at section 5.7 of the Ecological Appraisal submitted with the application (prepared by Bowland Ecology, dated January 2018).

 

18.         The development shall be carried out at all times in accordance with Reasonable Avoidance Measures (RAM’s) for the protection of mammals as listed below:-

·            All excavations on the site shall be covered at night or a ramp provided to allow hedgehogs/mammals to exit excavations;

·            All excavations shall be checked for hedgehogs/mammals each morning prior to the re-commencement of any works;

·           All stored building materials that could be used as temporary resting places by hedgehogs/mammals shall be stored off the ground on pallets or similar; and,

·            If any hedgehogs/mammals are found then they should be carefully moved to a safe area.

 

19.       No development shall be commenced until a scheme for the means of protecting the woodland to the north of the site and the trees to be retained indicated on drawing number 17-149/PL01RevF, which shall be in accordance with BS 5837 (2012) and include the protection of root structures from injury or damage prior to and during the development works, has been submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall also provide for no excavation, site works, trenches or channels to be cut or laid or soil waste or other materials deposited so as to cause damage or injury to the root structure of the retained trees or hedges. The approved scheme of protection measures shall be implemented in its entirety before any works are carried out, including any site clearance work, and thereafter retained during building operations until the completion of the development.

 

20.       No external lighting during the construction process shall at any time be directed towards the adjacent woodland or trees on the application site.  No other external lighting shall at any time thereafter be installed that directly illuminates any part of the adjacent woodland or trees within the site.

 

21.      Prior to the commencement of built development, a scheme for the enhancement of biodiversity on the site shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include the following:-

            •  Bat brick and/or tubes within the new development;

            •  Bird boxes; and

            •  Native tree and shrub planting.

            •  Details of the timing and timescales for the implementation of the scheme.

            The approved scheme shall thereafter be carried out and completed in accordance with the approved details.

 

22.       Notwithstanding the provisions of Article 3 and Part 1 of the second schedule of the Town and Country Planning General Permitted Development (England) Order 2015 (as amended) (or any Order revoking or re-enacting that Order with or without modification), no development as specified in Class B of Part 1 of Schedule 2 of that Order shall be carried out at Plot 6  without express planning permission first being obtained from the Local Planning Authority.

 

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

 

24.       The new estate road/access between the site and Sycamore Avenue 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.

 

25.       Prior to the commencement of built development, details of finished floor levels for all the development shall be submitted to and approved in writing by the Local Planning Authority.  The development shall thereafter only be carried out in accordance with the approved details.

 

 

Reasons:

 

1.            Required to be imposed by Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.            To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity.

 

3.            To ensure a satisfactory appearance to the development, in accordance with Policies HS4 and SP5 of Burnley's Local Plan (July 2018).

 

4.            To ensure that the safety and amenities of residents in the surrounding area are satisfactorily protected and disturbance is minimised, in accordance with Policies NE5 and IC1 of Burnley's Local Plan (July 2018).  The Construction Management Plan is required prior to the commencement of development to ensure that the measures contained therein can be carried out at the appropriate phases of the construction period.

 

5.            To ensure the minor changes to the highway that are necessitated by the development are agreed and carried out in the interests of highway safety, in accordance with Policy IC1 of Burnley's Local Plan (July 2018).

 

6.            To ensure the site is made suitable for residential use, in accordance with Policy NE5 of the Burnley's Local Plan (July 2018). The investigation and report is required prior to the commencement of development to ensure that measures that are necessary to make the development acceptable can be carried out at an appropriate stage in the development.

 

7.            In the interests of the visual amenities and the ecology of the site, to ensure adequate mitigation for the loss of semi-natural habitat, in accordance with Policies HS4, SP5 and NE1 of Burnley's Local Plan (July 2018).

 

8.            To ensure the satisfactory implementation of the approved landscaping scheme, to ensure a satisfactory appearance to the development and the effective mitigation against the loss of habitat for birds and wildlife, in accordance with Policies HS4, SP5 and NE1 of Burnley's Local Plan (July 2018).

 

9.          To ensure adequate safeguards and protection for bird nests which are protected under the Wildlife and Countryside Act 1981 and in accordance with Policy NE1 of Burnley's Local Plan (July 2018).

 

10.          In order to prevent the spread of an invasive species, in accordance with the Wildlife and Countryside Act 1981 and Policy NE1 of Burnley's Local Plan (July 2018).

 

11.          To ensure the adequate drainage of the site and to reduce the risk of flooding, in accordance with Policy CC4 of Burnley's Local Plan (July 2018).   The scheme is required prior to the commencement of development to ensure that the measures identified in the scheme can be carried out at the appropriate stage of construction.

 

12.          To ensure adequate off-street parking, in the interests of highway safety and amenity, in accordance with Policy IC3 of Burnley's Local Plan (July 2018).

 

13.          To encourage the use of electric vehicles in order to reduce emissions and protect the local air quality in accordance with Policy IC3 of Burnley's Local Plan (July 2018), the National Planning Policy Framework and the Burnley Green Infrastructure Strategy 2013-2031.

 

14.          To protect the amenities of local residents, in accordance with Policy NE5 of Burnley's Local Plan (July 2018). 

 

15.          To ensure adequate refuse and recycling storage for the approved dwellings in order to cater for the needs of the development and to protect the visual amenities of the area, in accordance with Policy SP5 of Burnley's Local Plan (July 2018).

 

16.          To ensure a satisfactory edge to the development and a satisfactory appearance within the street scene, in accordance with Policies HS4 and SP5 of Burnley's Local Plan (July 2018).

 

17.          To ensure adequate protection to bats, in accordance with Policy NE1 of Burnley's Local Plan (July 2018).

 

18.         To ensure adequate protection to hedgehogs and other mammals, in accordance with Policy NE1 of Burnley's Local Plan (July 2018).

 

19.         To ensure adequate protection for the long term health of the adjacent woodland and trees on the site which should be retained in the interests of the visual amenities and biodiversity of the site and its surroundings, in accordance with Policies NE4  and    NE1 of Burnley's Local Plan (July 2018). The details are required prior to the commencement of development to ensure that provision can be made for their implementation at the appropriate stage of the development process.

 

20.          To protect bats and birds that may nest in trees due to the harmful impact of artificial light on wildlife, in accordance with Policy NE1 of Burnley's Local Plan (July 2018).

 

21.         To ensure the scheme provides opportunities for biodiversity enhancement, in accordance with Policy NE1 of Burnley's Local Plan (July 2018) and the National Planning Policy Framework.

 

22.          To allow the Local Planning Authority to assess the impact of any future changes relating to the enlargement within the roof at Plot 6  having regard to its relationship with existing dwellings on East Street and their residential amenities, in accordance with Policies SP5 and HS4 of Burnley’s Local Plan (July 2018).

 

23.         To prevent stones and mud being carried onto the public highway to the detriment of road safety, in the interests of highway safety, in accordance with  Policy IC1 of Burnley’s Local Plan (July 2018).

 

24.        To ensure that satisfactory access is provided to the site before the development hereby permitted becomes operative, in accordance with Policy IC1 of Burnley’s Local Plan (July 2018).

 

25.         To ensure the satisfactory implementation of the proposal, having regard to  the appearance of the development and its surroundings, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).