Agenda item

Demolition of existing dwelling at 84 & 86 Chapel Lane and construction of 6 new dwellings with garages.

 

Lisa Salmon, a local resident, spoke in objection to the application.

 

The Service Manager – Development Services introduced the report.

 

RESOLVED:

 

To GRANT FULL PLANNING PERMISSION subject to the applicant entering into a Section 106 Agreement with the Borough Council as Local Planning Authority for the provision of a financial contribution to be expended on offsite Public Open Space; and subject to the conditions listed for the reasons set out in the report.

 

Conditions

 

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

 

 2         This permission shall be read in accordance with the application form received on 28th August 2019, Arboricultural Method Statement received on 3rd October 2019, and deposited plans, drawing no's VED587-03A received on 28th August 2019, VED587-10A, VED587-11A, VED587-12A, VED587-13A, VED587-14A and VED587-15A received on 3rd October 2019, VED587-04B and VED587-06B received on 18th October 2019 and VED587-02F received on 15th November 2019. The development shall thereafter be undertaken in accordance with these plans/details.

 

 3         No above ground construction works shall commence until precise details of the proposed external facing and roofing materials to be used in the construction of the development have been submitted to, and approved in writing by the Local Planning Authority and the development shall only be undertaken in accordance with the materials so approved and shall be retained as such thereafter.

 

 4         Before development hereby approved is first commenced full details of both soft and hard landscape works shall be submitted to and approved in writing by the Local Planning Authority. The detailed landscape plans and particulars shall include: (a) details of size, species, positions and densities of all trees, hedges and shrubs to be planted; (b) details of the boundary treatments, including those to individual plot boundaries; (c) the proposed means of surfacing access roads, car parking areas, and the frontages of properties such as driveways and footpaths to front doors, and (d) a programme of implementation. The development shall be implemented in accordance with the approved details, which shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Local Planning Authority.

 

 5         If within a period of five years beginning with the date of the planting of any tree or shrub, approved in relation to Condition 4, that tree or shrub, or any tree or shrub that is planted in replacement of it, is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority seriously damaged or defective, another tree or shrub of the same species and size as that originally planted shall be planted at the same place, unless otherwise prior agreed in writing by the Local Planning Authority.

 

6         No development shall take place until the following information has been submitted to and approved in writing by the Local Planning Authority: a full site survey showing the datum used to calibrate the site levels, levels along all site boundaries levels across the site at regular intervals; full details of the proposed finished floor levels of all buildings and hard landscaped surfaces; and cross-sections of the. The development shall be carried out in accordance with the approved details.

 

 7         From the date of first occupation each dwelling hereby permitted shall be provided with access to a fully operation 3 pin socket on a dedicated 16A circuit, capable of providing a safe overnight 'trickle' charge to an electric vehicle using a mode 2 charging cable.  Charging points should be provided either within garage space or via outdoor, weatherproof sockets within 3m easy access of the off road parking areas.  All EV charging points shall be clearly marked with their purpose.

 

 8         The foundations to plot 1 and the driveways to serve plots 1, 2 and 6 hereby approved within the root protection area of trees T10, T11, T12, T13, T14 and T15 shall be constructed in accordance with the method of installation described in sections 2.5 and 2.6 of Arboricultural Method Statement and Tree Protection Plan received on 3rd October 2019.

 

 9         Before development is commenced precise details for the installation and location of one general purpose bat box shall be submitted to and approved in writing by the Local Planning Authority. The bat box shall be positioned on one of the retained trees, in a south-east / south-west direction, at a height of 3-5 metres above ground level and with a clear flight path to and from the entrance. The bat box shall be installed in accordance with the approved details.

 

10        No part of the development hereby permitted shall be brought into use until the visibility splays shown on drawing no. VED587-02F received on 15th November 2019 are provided. The area within the visibility splays referred to in this condition shall thereafter be kept free of all obstructions, structures or erections.

 

11        No part of the development hereby permitted shall be brought into use until the bin store has been provided, as shown on drawing no. VED587-02F received on 15th November 2019.

 

12        No part of the development hereby permitted shall be brought into use until the site access on Chapel Lane and verge crossing have been widened and made available for use and constructed in accordance with the Highway Authority specification and drawing no.VED587-02F received on 15th November 2019.

 

13        No part of the development hereby permitted shall be brought into use until both access drives (to Chapel Lane and to Birchwood Drive) are surfaced in a hard-bound material (not loose gravel) for a minimum of 5.5 metres behind the Highway boundary. The surfaced drives shall then be maintained in such hard-bound material for the life of the development.

 

14        No part of the development hereby permitted shall be brought into use until both access drives (to Chapel Lane and to Birchwood Drive) are constructed with provision to prevent the unregulated discharge of surface water from the driveways to the public highway in accordance with details first submitted to and approved in writing by the Local Planning Authority. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development.

 

15        The demolition of the buildings at no.84 Chapel Lane shall only be undertaken in strict accordance with Appendix 4 - Precautionary Method Statement of Bat Emergence and Re-entry Surveys received on 5th November 2019.

 

16        The first floor windows in the north and south (side) elevations of the dwellings on plots 1 and 2 shall be glazed with obscure glass to a minimum privacy level of Pilkington 4 and shall be non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor level of the room they serve. The windows shall be permanently retained as such fort the life of the development.

 

Reasons

 

 1         In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

 

 2         For the avoidance of doubt.

 

 3         To ensure a satisfactory development in accordance with the aims of policy LPD 40 of the Local Planning Document.

 

 4         To ensure a satisfactory development in accordance with the aims of Policy 10 of the Aligned Core Strategy and policy LPD 32 of the Local Planning Document.

 

 5         To ensure a satisfactory development in accordance with the aims of Policy 10 of the Aligned Core Strategy and policy LPD 32 of the Local Planning Document.

 

 6         To ensure a satisfactory development in accordance with the aims of Policy 10 of the Aligned Core Strategy and policy LPD 32 of the Local Planning Document.

 

 7         To ensure the development is constructed in an appropriate sustainable manner which takes into consideration air quality with in the Borough, and takes into consideration the National Planning Policy Framework and policy LPD 11 of the Local Planning Document.

 

 8         To ensure the trees are offered adequate protection.

 

 9         To ensure bats recorded in the local area are offered adequate protection.

 

10        In the interest of Highway safety.

 

11        To allow the bins to be pulled to the highway on refuse collection day.

 

12        In the interest of Highway safety.

 

13        To reduce the possibility of deleterious material being deposited on the public highway (loose stones etc.).

 

14        To ensure surface water from the site is not deposited on the public highway causing dangers to road users.

 

15        To prevent any harm to protected bats during demolition.

 

16        To avoid the possibility of overlooking, in accordance with the aims of policy LPD 32 of the Local Planning Document.

 

Reasons for Decision

 

The construction of six detached dwellings on the site, by virtue of the size, scale, design and layout proposed, would result in an acceptable form of development, in keeping with the character and appearance of the streetscene and the wider area; in accordance with Sections 5, 11 and 12 of the National Planning Policy Framework, Policies 8 and 10 of the Aligned Core Strategy and Policies LPD 11, LPD 21, LPD 32, LPD 33, LPD 34, LPD 40, LPD 57 and LPD 61 of the Local Planning Document. Accordingly it is recommended that planning permission be granted.

 

Notes to Applicant

 

Positive and Proactive Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework. Negotiations have taken place during the consideration of the application to address adverse impacts identified by officers and/or address concerns raised by letters of representation submitted in connection with the proposal, addressing the identified adverse impacts, thereby resulting in a more acceptable scheme and a favourable recommendation.

 

The applicant is advised that all planning permissions granted on or after 16th October 2015 may be subject to the Community Infrastructure Levy (CIL). Full details of CIL are available on the Council's website. The proposed development has been assessed and it is the Council's view that CIL IS PAYABLE on the development hereby approved as is detailed below.  Full details about the CIL Charge including, amount and process for payment will be set out in the Regulation 65 Liability Notice which will be sent to you as soon as possible after this decision notice has been issued.  If the development hereby approved is for a self-build dwelling, residential extension or residential annex you may be able to apply for relief from CIL.  Further details about CIL are available on the Council's website or from the Planning Portal: www.planningportal.gov.uk/planning/applications/howtoapply/whattosubmit/cil

 

When considering carrying out any work to trees it is important to consider the provisions made in the Wildlife and Countryside Act 1981, Conservation (natural habitats) Regulations 1994 and the Countryside Rights of Way Act 2000, which mean it is an offence to intentionally or recklessly kill, injure or take a bat, Intentionally or recklessly damage, destroy or obstruct access to any structure or place used for shelter or protection by a bat, Intentionally or recklessly disturb a bat while it is occupying a structure or place that it uses for shelter or protection, damage, destroy or block access to the resting place of any bat, Intentionally or recklessly kill, injure or take a wild bird, Intentionally or recklessly take, damage or destroy the nest of any wild bird when it is in use or being built, Intentionally or recklessly take, damage or destroy the egg of any wild bird. These points outline the main parts of the above legislation. If you are unsure about these issues, it would be advisable to contact an ecological consultant before undertaking any tree work operations.

 

The proposal makes it necessary to widen the verge/ vehicular crossing on Chapel lane over the verge of the public highway. These works shall be constructed to the satisfaction of the Highway Authority. You are, therefore, required to contact the County Council's Customer Services, on telephone 0300 500 80 80, to arrange for these works be carried out.

 

The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on 0845 762   6848. Further information is also available on The Coal Authority website at www.coal.decc.gov.uk.Property specific summary information on past, current and future coal mining activity can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com.