OUTLINE PLANNING PERMISSION

Transcription

1 Correspondence Address: G L Hearn Mr Phil Robinson 1 St James' Square Manchester M2 6DN Applicant: Telereal Trillium 140 London Wall London EC2Y 5DN OUTLINE PLANNING PERMISSION Town and Country Planning Act 1990 Application Number: 13/00200/OULMAJ Proposal: Outline application for mixed use development consisting of Class B1 (office) floorspace, Class C3 (residential) and a local centre consisting of a supermarket, Class A1/A2/A3/A4 and A5 uses together with vehicular and pedestrian access, open space and landscaping Location: Land at Norcross Lane Thornton Cleveleys Lancashire FY5 3TZ Wyre Borough Council (the Local Planning Authority) gives notice of its decision to grant planning permission for the above proposal, subject to conditions stated below: 1. In the case of any reserved matter, namely appearance, landscaping, layout and scale of the buildings, application for approval must be made not later than the expiration of five years beginning with the date of this permission and the development shall be begun not later than whichever is the later of the following dates: a) the expiration of five years from the date of this permission; or b) 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. 2. Prior to the commencement of any element of the development, a Construction Method Statement for that element shall be developed in consultation with the local highway authority and submitted to and approved in writing by the local planning authority. The Construction Method Statement shall provide details of: i) Site clearance programme & construction phasing; ii) iii) iv) Loading and unloading of plant and materials; Storage of plant and materials used in the construction of the development; The erection and maintenance of security fencing; v) Wheel washing facilities; vi) The periods when plant and materials trips should not be made to and from the site (mainly peak hours, but the developer to suggest times when trips of this nature should not be made); and vii) Construction traffic routing plan.

2 The approved Construction Method Statement shall be adhered to throughout the entire period of construction works, allowing for periodic review and revision in consultation with both the local highway authority and the local planning authority subject to changes in development phasing. 3. No part of any element of the development hereby permitted shall be occupied until a Travel Plan has been submitted to and approved in writing by the local planning authority in consultation with the local highway Authority and Highways England for that element of the development. The Travel Plan shall be implemented within the timescale set out in the approved plan and shall be audited and updated at intervals not greater than 18 months to ensure that the approved plan is carried out. 4. No development pursuant to the retail element of this application (as defined by use classes A1/A2/A3/A4/A5) shall commence unless and until the full design and construction details of the required highway improvements to the Norcross Roundabout junction of the A585 trunk road (the junction of the A585, Fleetwood Road South and Norcross Lane) as shown in outline on Curtins Consulting drawing number 90323_TA_008 Rev B dated , have been submitted to and approved in writing by the local planning authority in consultation with Highways England. The details to be submitted shall include: Final details of how the scheme interfaces with the existing highway alignment. Final traffic signal operating parameters. Full signing and carriageway marking details. Full construction details. Confirmation of compliance with current departmental standards (as set out in the Design Manual for Roads and Bridges) and policies (or approved relaxations/departures from standards). An independent Stage 1 & Stage 2 Road Safety Audit carried out in accordance with current departmental standards and current advice notes. 5. No development pursuant to the retail element of this application (as defined by use classes A1/A2/A3/A4/A5) shall be occupied or brought into its intended use until the highway improvements, in accordance with Condition 4 above, have been constructed and completed to the satisfaction of the local planning authority in consultation with Highways England. 6. The local centre element of the development hereby permitted shall not be occupied until capacity and safety improvements at the eastern site access to Norcross Lane including bus stop facilities (indicated in drawing TA-001E) have been constructed in full in accordance with a scheme to be submitted to and approved by the Local Planning Authority in consultation with the Local Highway Authority. These works to be undertaken by the County Council on behalf of the developer through agreements made under Section 278 of the Highways Act No element of the development hereby permitted shall be occupied until all the highway works relating to that element have been constructed in accordance with a scheme which shall be submitted to and approved by the Local Planning Authority in consultation with the Highway Authority. Such works to be undertaken by the County Council on behalf of the developer through agreements made under Section 278 of the Highways Act 1980: a) Residential element - Capacity and safety improvements including increased conspicuity for pedestrian/cycle crossing at access to White Carr Lane (indicated in drawing TA-002B); b) Local centre element - Capacity and safety improvements at the western site access to Norcross Lane (indicated in drawing TA-003); c) Local centre element - Capacity and safety improvements at Norcross Lane/Faraday Way/Warren Drive/White Carr Lane (indicated in drawing TA-009A);

3 d) Residential element - Safety improvements (Keep Clear markings or similar) at White Carr Lane/Anchorsholme Lane junction. 8. Prior to the occupation of any part of the development hereby approved the internal roads serving that element of the development shall be constructed in accordance with the Lancashire County Council Specification for Construction of Estate Roads and completed to at least base course level. 9. The area of the local centre element of the development hereby approved shall be restricted to 2.9 hectares, and the food store approved within that area shall not exceed 4230 sq.m gross internal floor area, including, for the avoidance of doubt any mezzanine floorspace. The total sales area of the food store shall not exceed 2230 sq.m. 10. No development shall be commenced until a desk study has been undertaken and agreed in writing by the local planning authority to investigate and produce an assessment of the risk of the potential for on-site contamination. If the desk study identifies potential contamination, a detailed site investigation shall be carried out in accordance with a written methodology, which shall first have been submitted to and agreed in writing by the local planning authority. If remediation measures are then considered necessary, a scheme for decontamination of that element shall be submitted to, and approved by, the local planning authority in writing and the scheme implemented prior to the occupation of that element. Any changes to the agreed scheme must be approved in writing by the local planning authority prior to any works being undertaken. 11. In respect of each element of the development, no development works (other than demolition) shall commence until a Construction Management Plan, relating to the control of dust, noise/vibration, and waste from the approved works for that element, has been submitted to and approved in writing by the local planning authority. The plan shall: (i) provide details of the proposed working hours and noise limits at all receptors closest to the development site, marked in zones, and the measures to be employed to ensure strict compliance with these limits, and shall have regard to the recommendations of BS /2: 2009 (Code of Practice for Noise and Vibration Control on Construction and Open Sites), including the adoption and use of best practicable means. (ii) having regard to current best practice, provide details of both the dust mitigation measures to be employed to minimise fugitive dust impacts on localised receptors, and the procedures to be adopted in response to complaints of fugitive dust emissions. (iii) provide details of the scheme for recycling/disposing of waste resulting from construction works. All construction phase works shall be undertaken strictly in accordance with the agreed Management Plan. 12. Where a planned noisy activity is identified as likely to exceed the permitted noise level specified in the Construction Management Plan, or where such an activity is required to be undertaken outside of the permitted hours of work, that activity, and the associated noise levels, must be agreed in writing by the local planning authority, prior to the commencement of the planned noisy activity, and must satisfy the local planning authority that best practicable means are being utilised to minimise noise disturbance during the agreed activity. 13. Within the local centre element of the development, the opening hours and delivery times to each unit shall be submitted to and approved in writing by the local planning authority prior to the occupation of that individual unit. 14. The residential and sheltered housing elements of the development shall not commence until full details of the glazing specifications and acoustic ventilation of the development hereby approved has been agreed by the LPA.

4 15. Development of the local centre element shall not commence until a detailed assessment has been undertaken of the noise sources within it. The assessment shall include: an assessment of all fixed plant; an assessment of vehicle noise, including deliveries and service yard movements; an assessment of noise caused by music/entertainment from the public house; an assessment of noise from the car park; and an assessment of all other significant noise sources not detailed above. 16. The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) and the following mitigation measure detailed within the FRA: Limiting the surface water run-off generated by the 1 in 100 year critical storm so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site. The mitigation measures shall be fully implemented prior to the occupation of any part of the development and subsequently 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. 17. No development of any part of any element of the development shall take place until a foul and surface water drainage scheme for that element, has been submitted to and approved in writing by the local planning authority. The scheme shall: include an assessment of the hydrological and hydrogeological context of the development show satisfactory evidence of an assessment of site conditions (inclusive of how the scheme shall be maintained and managed after completion and any necessary infrastructure) Include details of how the scheme shall be maintained and managed after completion satisfactorily demonstrate that the surface water run-off generated up to and including the 1 in 100 year critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event be based on sustainable drainage principles. The approved scheme shall subsequently be implemented concurrently with the remainder of the development in accordance with the approved details and shall be operational prior to the first occupation of any part of the development within that element, and shall be managed thereafter in accordance with the approved scheme. For the avoidance of doubt, no surface water shall, at any time, discharge into the existing foul, combined or surface water sewerage systems. 18. The sheltered housing element of the development shall only be used for purposes within use classes C3b and C2 schedule of the Town and Country Planning (Use Classes) Order 1987 or any provision equivalent to that Class in any Statutory Instrument revoking and/or re-enacting that Order). 19. Tree felling, vegetation clearance works, or other works that may affect nesting birds shall not be carried out between March and August inclusive, unless the absence of nesting birds has been confirmed by further surveys or inspections. 20. Prior to the commencement of development in respect of any element of the development a scheme of external lighting associated with that element of the development shall be submitted and approved in writing by the local planning authority and subsequent implementation and maintained and retained thereafter. The lighting shall be minimal, designed to avoid excessive light spill and shall not illuminate potential bat habitat (e.g. hedgerow, trees) and or/ bird breeding places. The principles of relevant guidance should be followed (e.g. the Bat Conservation Trust and Institution of Lighting Engineers guidance Bats and Lighting in the UK, 2009). 21. No site preparation or development work shall take place until a method statement demonstrating the avoidance of impacts on semi-natural habitats and associated species during the

5 proposed works has been submitted to and approved by the local planning authority. The approved method statement shall be implemented in full. 22. No site preparation or development work shall take place until a scheme and programme of landscaping has been submitted and approved by Wyre Borough Council. The scheme shall demonstrate that all unavoidable ecological impacts will be adequately off-set and that biodiversity will be maintained and enhanced and that habitat connectivity will be retained. This shall include replacement nesting opportunities for birds and roosting opportunities for bats. The approved landscape scheme shall be implemented in full. 23. Prior to the first occupation of any part of the development, a management plan for the proposed open space shall be submitted and approved by Wyre Borough Council in consultation with specialist advisors. The management plan shall demonstrate the avoidance of impacts on protected and priority species and that biodiversity will be maintained and enhanced. The approved management plan shall be implemented in full. 24. Prior to the commencement of the residential element of the development, full details of the infrastructure (roads and utilities) to serve development within the employment element of the site shall be submitted to and approved by the local planning authority. Not more than 50% of the dwellings on the residential development shall be occupied until the approved infrastructure works (roads and utilities) have been implemented and completed in accordance with the agreed scheme, unless an agreed amount of affordable housing is provided following the deferred viability assessment carried out as identified within the S.106 agreement. The reasons for the above conditions are: 1. This condition is required to be imposed pursuant to Section 91 of the Town and Country Planning Act In order to ensure safe working practices on or near the highway in the interests of safety and in the interests of the amenities of nearby residents and road users. 3. To promote and provide access to sustainable transport options and to ensure that the trunk road network might continue to fulfil its purpose as a national system of routes for through traffic, in accordance with Section 10 (2) of the Highways Act 1980, maintaining the safety of traffic on the road. 4. To ensure that the trunk road network might continue to fulfil its purpose as a national system of routes for through traffic, in accordance with Section 10 (2) of the Highways Act 1980, maintaining the safety of traffic on the road. 5. To ensure that the trunk road network might continue to fulfil its purpose as a national system of routes for through traffic, in accordance with Section 10 (2) of the Highways Act 1980, maintaining the safety of traffic on the road. 6. To minimise the impact of the development on existing road users by providing safe and sustainable transport options at the outset of development. 7. To minimise the impact of the development on existing road users 8. To ensure that safe access is provided to the site before each element of the development hereby permitted becomes operative. 9. In order to protect the vitality and viability of nearby town, district, and local centres in accordance with the provisions of section 2 (Ensuring the vitality of town centres) of the National

6 Planning Policy Framework, and because the retail impacts associated with the development have been assessed on the basis of these floorspace figures. 10. The development is for a sensitive land use. The potential for contamination must therefore be addressed in order to safeguard the development in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999). 11. In the interests of the amenity of the occupiers nearby residential properties in accordance with the provisions of saved Policy SP14 of the adopted Wyre Borough Local Plan. 12. In the interests of the amenity of the occupiers nearby residential properties in accordance with the provisions of saved Policy SP14 of the adopted Wyre Borough Local Plan. 13. In the interests of the amenity of the occupiers nearby residential properties in accordance with the provisions of saved Policy SP14 of the adopted Wyre Borough Local Plan. 14. In the interests of the amenity of the occupiers of proposed and nearby residential properties in accordance with the provisions of saved Policy SP14 of the adopted Wyre Borough Local Plan. 15. In the interests of the amenity of the occupiers of proposed and nearby residential properties in accordance with the provisions of saved Policy SP14 of the adopted Wyre Borough Local Plan. 16. To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future occupants. 17. To prevent the increased risk of flooding, both on and off site. 18. In order to justify a reduced car parking requirement in the interests of highway safety. 19. In the interests of protecting wildlife and biodiversity and to comply with the provisions of the 20. In the interests of protecting wildlife and biodiversity and to comply with the provisions of the 21. In the interests of protecting wildlife and biodiversity and to comply with the provisions of the 22. In the interests of protecting wildlife and biodiversity and to comply with the provisions of the 23. In the interests of protecting wildlife and biodiversity and to comply with the provisions of the 24. To ensure that the other elements of the development other than residential are provided and not the residential development on its own and to enable the Local Planning Authority to retain a measure of control over the development thereby safeguarding the amenities of the area and in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999). Attention is drawn to the following notes: 1. The grant of planning permission will require the applicant to enter into an appropriate Legal Agreement, with the County Council as Highway Authority. The Highway Authority hereby reserves the right to provide the highway works within the highway associated with this proposal. Provision of the highway works includes design, procurement of the work by contract and supervision of the works. The

7 applicant should be advised to contact the Environment Directorate in the first instance to ascertain the details of such an agreement and the information to be provided. 2. The applicant should be made aware that the legislative protection afforded to protected species applies even following the issuing of planning consent. If Species of Principal Importance (e.g. common toad, hedgehog) are encountered during the proposed works, they should be moved to a safe area of suitable habitat, which will then remain undisturbed. If clearance works are unavoidably carried out at the time of year when such species are found to be hibernating or breeding, then they should not be disturbed and advice should be sought from an appropriately qualified person. If protected species are suspected or detected at any point prior to or during works then works must cease immediately and advice sought from Natural England regarding the need for a licence and/or the implementation of necessary mitigation measures. 3. If any invasive plant listed on Schedule 9 of the Wildlife and Countryside Act 1981 (as amended) is encountered then working methods shall be employed to eradicate such species from the site and prevent their spread into the wild. This permission relates only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment or under the Building Regulations. Any other consent or approval which is necessary must be obtained from the appropriate authority. Signed: David Thow Head of Planning Services Date: 8 December 2015