Agenda item

Proposed residential development of 45no. dwellings and associated works.

Note; that paragraph 7 on page 42 of the agenda relates to Sandygate Square and not Land West of Station Road Padiham.

Decision

That the application be delegated to the Head of Housing and Development Control to approve the application subject to the conditions set out in the report, with Condition 2 as amended, upon receipt of a satisfactory Unilateral Undertaking in respect of a contribution to be paid towards  Education Provision.

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: Location Plan, drawing no.100 Rev 1; Existing Site Plan, drawing no. 101; Masterplan Overlay, drawing no. 103; Boundary Plan, drawing no. 109; Finished Levels and Retaining Walls, drawing no. SPB-AJB-XX-00-DR-C-1405 Rev 2; Drainage Layout, drawing no. SPB-AJP-XX-00-DR-C-1000 REV p1;Vehicle tracking, drawing no. SPB-AJP-XX-00-DR-C-1570; Tree Survey and Root Protection Areas drawing no.5877.01; Tree Protection Plan, drawing no.5877.02; House Type 2B4P plans, drawing no. 115; House Type 2B4P elevations, drawing no. 116; House Type 3B5P plans, drawing no 120; House Type 3B5P elevations, drawing no.121; House Type 1B2P Flat plans, drawing number 150A; House Type 1B2P Flat elevations, drawing no. 151A; Fence details, drawing no. FD03; Fencing details,drawing no. FD04; Gate details, drawing no. FD13 all received 31 Oct 18

         Amended Plan, Indicative Planting, drawing no. 108A received 29 Nov 18;

         Site Plan drawing no. 105B; Street Elevations drawing no. 110A received 30 November 2018.

3.      No dwellings shall be occupied until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved in writing by the local planning authority. The streets shall thereafter be maintained in accordance with the approved management and maintenance details, until such time as an agreement has been entered into under Section 38 of the Highways Act 1980 or a private management and maintenance company has been established.

4.      For the full period of construction, facilities shall be provided within the site by which means the wheels of the vehicles may be cleaned before leaving the site. There should also be provision to sweep the surrounding highway network by mechanical means if necessary.

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

6.      The development shall be carried out in full accordance with the approved construction method statement throughout the construction period, which provides for:

i)             The parking of vehicles of site operatives and visitors

ii)            The loading and unloading of plant and materials

iii)           The 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)           A scheme for recycling/disposal of waste water from construction works

vii)         Details of working hours

viii)        Routing of delivery vehicles to/from the site.

7.      In the event that previously unidentified, or unexpected contamination is found at any time during the development, it must be reported in writing immediately to the local planning authority. A full risk assessment (including investigations if necessary) must be undertaken and a remediation scheme must be prepared if appropriate. The assessment must be submitted and approved in writing by the Local Planning Authority before any works continue.

8.      Where any remedial works are necessary, a verification report must be submitted to and approved in writing by the local planning authority.  The report shall also provide details of the long term effectiveness and monitoring of the proposed remediation in accordance with DEFRA and the Environment Agency’s ‘Model Procedure for the Management of Land Contamination, CR11’

9.      No works to trees or shrubs shall occur between 1 March and 31 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 to the local planning authority to confirm that no active birds’ nests are present.

10.    Before any of the properties are occupied, a landscape and biodiversity enhancement plan for the trees and scrub alongside Green Lane, including measures to provide for bird nesting opportunities, shall be submitted to and approved in writing by the local planning authority.

11.    No construction work shall take place on the development hereby approved outside the hours of  8am to 6pm Monday to Friday, 8am to 1pm on Saturday and not at any time on Sundays and Bank Holidays, unless approved in writing by the local planning authority.

12.    Notwithstanding any description of materials in the application, precise details of facing and roofing materials shall be submitted to and approved in writing by the local planning authority before their use in the construction work. The materials used in the development shall be in accordance with the approved scheme, to the satisfaction of the local planning authority.

13.    All tree works shall be in complete accordance with the submitted Arboricultural Impact Assessment and Method Statement (tba landscape architects, Ref: MG/5877/AIA &AMS/OCT18) and Drawing No. 5877.02 (Tree Protection Plan) to the satisfaction of the local planning authority.

14.    The landscaping works, detailed on Drawing No. 108 rev A (Indicative Planting), received 29 November 2018 shall be carried out in the first planting season following the substantial completion of the dwellings and thereafter maintained in accordance with good horticultural practice to the satisfaction of the local planning authority.

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 the proper management and maintenance of the proposed streets within the development, in the interests of highway safety.

4.      To avoid the possibility of the public highway being affected by the deposit of mud and/or loose materials thus creating a potential hazard to road users.

5.      To ensure that the streets are constructed in an appropriate manner, in the interests of highway safety and residential amenity.

6.      To ensure that the development progresses in an orderly and controlled manner in the interests of highway and pedestrian safety.

7/8.   Having regard to Policy NE5 of Burnley’s Local Plan, to ensure that all environmental risks have been evaluated and appropriate measures have been taken to minimise risks of adverse impacts.

9.      Having regard to Policy NE1 in order to protect nesting birds and their 

        habitat.

10.    In order to provide an enhancement to the landscaped area to encourage biodiversity and bird nesting opportunities, in line with Policy NE1.

11.    To protect the amenities of nearby residents, in accordance with Policy NE5 of Burnley’s Local Plan (July 18).

12.    To secure a satisfactory development in materials which are appropriate to the locality, in the interests of visual amenity and in accordance with Policy HS4 of Burnley’s Local Plan (July 18).

13.    To ensure that the tree works are carried out in an appropriate manner and the trees are adequately protected during the construction period.

14.    In order to ensure that landscaping works contribute to a satisfactory standard of completed development and the long term appearance of the site harmonises with its surroundings in accordance with Policy NE4 of Burnley’s Local Plan.