RIBBLE VALLEY BOROUGH COUNCIL Department of Development Council Offices, Church Walk, Clitheroe, Lancashire, BB7 2RA Telephone: 01200 425111 Fax: 01200 414488 Planning Fax: 01200 414487 Town and Country Planning Act 1990 PLANNING PERMISSION APPLICATION NO: 3/2016/0711 DECISION DATE: 24 November 2016 DATE RECEIVED: 21/07/2016
APPLICANT: AGENT: Mr A Jackson Mr Alan Kinder C/o Agent Avalon Town Planning Ltd 2 Reedley Business Centre Redman Road Reedley Burnley BB10 2TY
DEVELOPMENT Demolition of an existing building and the erection of two detached dwellings and PROPOSED: annex (resubmission of withdrawn application 3/2015/0768). AT: 9 Downham Road Chatburn BB7 4AU Ribble Valley Borough Council hereby give notice that permission has been granted for the carrying out of the above development in accordance with the application plans and documents submitted subject to the following condition(s):
1. 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. Unless explicitly required by condition within this consent, the development hereby permitted shall be carried out in complete accordance with the proposals as detailed on drawings:
Location Plan (1:1250) 5203 - 01 B (amended plan received 02/11/16) 5203 - 02 B (amended plan received 02/11/16) 5203 - 03 C (amended plan received 25/10/16)
Reason: For the avoidance of doubt and to clarify which plans are relevant to the consent.
P.T.O. RIBBLE VALLEY BOROUGH COUNCIL PLANNING PERMISSION CONTINUED
APPLICATION NO. 3/2016/0711 DECISION DATE: 24 November 2016
3. Notwithstanding any description of materials in the application and the requirements of condition 2 of this permission, samples or full details of all materials to be used on the external surfaces of the dwellings and annex building hereby approved have been submitted to and approved in writing by the Local Planning Authority prior to their use on site. Such details shall include the type, colour and texture of the materials. The development shall thereafter be implemented in accordance with the duly approved materials.
Reason: In order that the Local Planning Authority may ensure that the materials to be used are appropriate to the locality in accordance with Policies DMG1 and DMH3 of the Ribble Valley Core Strategy.
4. Prior to commencement of development on site, a scheme shall be submitted to and approved in writing by the Local Planning Authority (including a timetable for implementation) to secure at least 10% of the energy supply of the development hereby permitted from renewable or low carbon energy sources or a scheme that demonstrates that alternative measures will achieve at least 10% less energy consumption than similar development constructed in accordance with the current Building Regulations Standards. The approved scheme/details shall be implemented as part of the development/as approved and retained as operational thereafter.
REASON: In order to encourage renewable energy and to comply the Key Statement EN3 and Policies DMG1 and DME5 of the Ribble Valley Core Strategy.
5. Notwithstanding the submitted details, prior to the commencement of the development, details at a scale of not less than 1:20 of the proposed boundary walling, gates and fencing shall have been submitted to and approved by the Local Planning Authority, and such details shall include the provision of an acoustic fence along the east boundary shared with the railway line. The development shall be carried out in strict accordance with the approved details.
Reason: In order that the Local Planning Authority may ensure that the detailed design of the proposal is appropriate to the locality in accordance with Policies DMG1 and DMH3 of the Ribble Valley Core Strategy.
P.T.O.
2 RIBBLE VALLEY BOROUGH COUNCIL PLANNING PERMISSION CONTINUED
APPLICATION NO. 3/2016/0711 DECISION DATE: 24 November 2016
6. Notwithstanding the details shown on the approved plans and the requirements of condition 2 of this permission, within three months of development first taking place a landscaping scheme for the site (including elements of both 'hard' and 'soft' landscaping) shall be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include details of the proposed surface treatment of all hard surfaced areas and the type, species, siting, planting distances and programme of planting of any trees, hedges and shrubs. The duly approved landscaping scheme shall be carried out within 12 months of either dwellinghouse first being occupied and the areas which are landscaped shall be retained as landscaped areas thereafter. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within three years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted.
Reason: In order to achieve a satisfactory level of landscaping and provision of adequate off- road parking facilities for the dwellinghouses in the interests of visual amenity and highway safety in accordance with the requirements of Policy DMG1 of the Ribble Valley Core Strategy.
7. Notwithstanding the submitted details, no development shall commence or be undertaken on site until full details of existing and proposed ground levels and proposed building finished floor levels (all relative to ground levels adjoining the site) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out strict in accordance with the approved details.
Reason: In order that the Local Planning Authority may ensure that proposed development responds appropriately to the topography of the site and is appropriate to the locality in accordance with Policy DMG1 of the Ribble Valley Core Strategy.
8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking, amending or re-enacting that Order) any future extensions and/or alterations to the dwellinghouses including any development within the curtilage as defined in Schedule 2 Part 1 Classes A to H shall not be carried out without the formal written consent of the Local Planning Authority.
Reason: To enable the Local Planning Authority to exercise control over development which could materially harm the character and visual amenities of the development and locality, and to protect any adjacent trees, in accordance with the requirements of Policy DMG1 of the Ribble Valley Core Strategy.
P.T.O.
3 RIBBLE VALLEY BOROUGH COUNCIL PLANNING PERMISSION CONTINUED
APPLICATION NO. 3/2016/0711 DECISION DATE: 24 November 2016
9. All new and replacement windows and doors shall be of timber construction and full details of the window frames to be utilised in the development hereby permitted, including samples if so required, shall be submitted to and approved in writing by the Local Planning Authority before any such frames are installed in the development. Such details shall indicate, at a scale of not less than 1:20, the longitudinal and cross-sectional detailing, reveal, and means of opening together with any finished treatment. The window frames shall be installed in accordance with the approved details and thereafter so maintained.
Reason: In order to safeguard the appearance and significance of Chatburn Conservation Area in accordance with Key Statement EN2 and Policies DME4 and DMG1 of the Ribble Valley Core Strategy.
10. All new window/door cills and lintels shall be natural stone and full details or samples of the materials to be used for the cills, lintels and any external steps shall be submitted to and approved in writing by the Local Planning Authority before installation on site. The development shall be implemented in complete accordance with the approved details and retained as such thereafter.
Reason: In order to safeguard the appearance and significance of Chatburn Conservation Area in accordance with Key Statement EN2 and Policies DME4 and DMG1 of the Ribble Valley Core Strategy.
11. All new and replacement gutters shall be cast iron or aluminium supported on 'drive in' galvanised gutter brackets.
Reason: In order to safeguard the appearance and significance of Chatburn Conservation Area in accordance with Key Statement EN2 and Policies DME4 and DMG1 of the Ribble Valley Core Strategy.
12. Unless otherwise agreed in writing by the Local Planning Authority, no building or engineering operations within the site or deliveries to and from the site shall take place other than between 07:30 hours and 18:00 hours Monday to Friday and between 08:30 hours and 14:00 hours on Saturdays, and not at all on Sundays or Bank Holidays.
Reason: In order to protect the amenities of existing residents in accordance with Policy DMG1 of the Ribble Valley Core Strategy.
P.T.O.
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APPLICATION NO. 3/2016/0711 DECISION DATE: 24 November 2016
13. The first floor bathroom and en-suite windows, in the north and west facing elevations of Plot 1 hereby approved, the first floor en-suite window in the east facing side elevation of Plot 2, along with the first floor windows in the north facing elevation of the annex/ancillary building hereby approved, shall all be fitted with obscure glazing (which shall have an obscurity rating of not less than 4 on the Pilkington glass obscurity rating or equivalent scale) and shall be non- opening, unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed. The windows shall remain in that manner in perpetuity at all times unless otherwise agreed in writing by the Local Planning Authority.
Reason: To protect nearby residential amenity in accordance with Policy DMG1 of the Ribble Valley Core Strategy.
14. The dwellings hereby approved shall be constructed in accordance with the recommendations detailed within section 8 of the submitted Residential Noise Survey (Ref: 382AJ) with the specified measures retained thereafter in perpetuity.
Reason: To safeguard the privacy and amenity of occupiers of proposed dwellings in accordance with the requirements of Policy DMG1 of the Ribble Valley Core Strategy.
15. The annex building hereby approved shall only be occupied as an extended family unit in conjunction with the proposed new dwelling (Plot 2). It shall not be divided by way of sale or sub-letting to form separate residential accommodation.
Reason: To avoid the creation of separate dwelling which may be sub-standard in terms of parking provision and/or vehicular manoeuvring area and impact upon the residential amenity of nearby occupants in accordance with Ribble Valley Core Strategy Policy DMG1.
16. Prior to the commencement of any development, details of the foul drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. Foul shall be drained on a separate system. Each dwelling shall not be occupied until the approved foul drainage scheme has been completed to serve that building, in accordance with the approved details. The development shall be completed maintained and managed in accordance with the approved details
REASON: To ensure satisfactory means of foul drainage in accordance with Policies DMG1 and DME6 of the Ribble Valley Core Strategy.
P.T.O.
5 RIBBLE VALLEY BOROUGH COUNCIL PLANNING PERMISSION CONTINUED
APPLICATION NO. 3/2016/0711 DECISION DATE: 24 November 2016
17. No development, including any site preparation, demolition, scrub/hedgerow clearance or tree works/removal shall commence or be undertaken on site until details of the provisions to be made for building dependent species of conservation concern, artificial bird nesting boxes / artificial bat roosting sites have been submitted to, and approved in writing by the Local Planning Authority.
For the avoidance of doubt the details shall identify the nature and type of the nesting boxes/artificial roosting sites and the locations(s) or wall and roof elevations into which the above provisions shall be incorporated.
The artificial bird/bat boxes shall be incorporated into the dwellinghouses during the construction stage of the development and made available for use before each dwellinghouse hereby approved is first occupied and thereafter retained. The development shall be carried out in strict accordance with the approved details.
REASON: In the interests of biodiversity and to enhance nesting/roosting opportunities for species of conservation concern and reduce the impact of development in accordance with Policies DMG1 and EN4 of the Ribble Valley Core Strategy.
18. Unless otherwise agreed in writing with the Local Planning Authority, all trees/hedges directly adjacent to the site, as shown within the submitted Tree Constraints Plan (except those shown to be removed on the aforementioned plan), shall have been enclosed with temporary protective fencing in accordance with BS 5837: 2012 Trees in relation to design, demolition and construction - Recommendations. The fencing shall be retained during the period of construction and no work, excavation, tipping, or stacking/storage of materials shall take place within such protective fencing during the construction period. Any trees that are damaged or suffer at the expense of the development shall be replaced at the applicant's expense.
Reason: To protect the existing trees in the interest of visual amenity in accordance with Policies DMG1 and DME2 of the Ribble Valley Core Strategy.
19. 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.
Reason: To prevent stones and mud being carried onto the public highway to the detriment of road safety in accordance with Ribble Valley Core Strategy Policies DMG1 and DMG3.
20. Notwithstanding the requirements of condition 6 of this permission, the car parking and manoeuvring areas shall be laid out in accordance with the approved plan (5203 - 03 C - amended plan received 25/10/16) before either dwellinghouse hereby approved is first brought into use and shall be permanently maintained as such thereafter.
Reason: To allow for the effective use of the parking areas in accordance with Ribble Valley Core Strategy Policies DMG1 and DMG3. P.T.O.
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APPLICATION NO. 3/2016/0711 DECISION DATE: 24 November 2016
21. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking, amending or re-enacting that Order), all garages shown on the approved plan 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 to allow for the effective use of the parking areas in accordance with Ribble Valley Core Strategy Policies DMG1 and DMG3.
22. Before the access is used for vehicular purposes, that part of the access extending from the highway boundary of Downham Road for a minimum distance of 10m into the site shall be appropriately paved in bound porous material, details of which shall have been first submitted to and agreed in writing with the Local Planning Authority. The access shall be surfaced in the approved material and retained as such thereafter.
Reason: To prevent loose surface material from being carried on to the public highway thus causing a potential source of danger to other road users in accordance with Ribble Valley Core Strategy Policies DMG1 and DMG3.
23. Prior to the commencement of any development, a Risk Assessment and Method Statement (RAMS) shall be submitted to and approved in writing by the Local Planning Authority and Network Rail. The Risk Assessment and Method Statement shall consider all works being undertaken within 10m of the operational railway. The development shall be implemented in full accordance with the details agreed,
Reason: In order to protect the adjacent railway in accordance with Ribble Valley Core Strategy Policies DMG1 and DMG3.
P.T.O.
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APPLICATION NO. 3/2016/0711 DECISION DATE: 24 November 2016
24. All surface water is to be directed away from the direction of the railway. Soakaways, as a means of storm/surface water disposal must not be constructed near / within 20 metres of Network Rail's boundary or at any point which could adversely affect the stability of Network Rail's property. Once water enters a pipe it becomes a controlled source and as such no water should be discharged in the direction of the railway.
" Storm/surface water must not be discharged onto Network Rail's property or into Network Rail's culverts or drains. " Suitable drainage or other works must be provided and maintained by the developer to prevent surface water flows or run-off onto Network Rail's property. " Proper provision must be made to accept and continue drainage discharging from Network Rail's property. " Suitable foul drainage must be provided separate from Network Rail's existing drainage. " Drainage works could also impact upon culverts on developers land.
Water discharged into the soil from the applicant's drainage system and land could seep onto Network Rail land causing flooding, water and soil run off onto lineside safety critical equipment / infrastructure; or lead to de-stabilisation of land through water saturation.
Reason: To ensure satisfactory means of surface drainage and to protect the adjacent railway line in accordance with Policies DMG1, DMG3 and DME6 of the Ribble Valley Core Strategy.
Note(s)
1. For rights of appeal in respect of any condition(s)/or reason(s) attached to the permission see the attached notes.
2. The applicant is advised that should there be any deviation from the approved plan the Local Planning Authority must be informed. It is therefore vital that any future Building Regulation application must comply with the approved planning application.
3. The Local Planning Authority operates a pre-planning application advice service which applicants are encouraged to use. Whether or not this was used, the Local Planning Authority has endeavoured to work proactively and positively to resolve issues and considered the imposition of appropriate conditions and amendments to the application to deliver a sustainable form of development.
4. If any evidence of bats is found at any time during works then works should cease immediately and advice sought from Natural England or a suitably qualified bat worker.
5. The Environment Agency recommends that sleeping accommodation is not situated on the floor for developments close to a watercourse.
P.T.O.
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APPLICATION NO. 3/2016/0711 DECISION DATE: 24 November 2016
6. As the proposal includes works may impact the existing operational railway, a BAPA (Basic Asset Protection Agreement) will need to be agreed between the developer and Network Rail. The developer will be liable for all costs incurred by Network Rail in facilitating this proposal, including any railway site safety costs, possession costs, asset protection costs / presence, site visits, review and agreement of proposal documents and any buried services searches. The BAPA will be in addition to any planning consent. The applicant / developer should liaise directly with Asset Protection to set up the BAPA:
7. The developer/applicant must ensure that their proposal, both during construction, after completion of works on site and as a permanent arrangement, does not affect the safety, operation or integrity of the operational railway / Network Rail land and our infrastructure. The works on site must not undermine or damage or adversely impact any railway land and structures. There must be no physical encroachment of the proposal onto Network Rail land, no over-sailing into Network Rail air-space and no encroachment of foundations onto Network Rail land and boundary treatments. Any future maintenance must be conducted solely within the applicant's land ownership.
8. Any scaffolding which is to be constructed within 10 metres of the Network Rail / railway boundary must be erected in such a manner that at no time will any poles over-sail the railway and protective netting around such scaffolding must be installed. The applicant / applicant's contractor must consider if they can undertake the works and associated scaffolding / access for working at height within the footprint of their land ownership boundary. The applicant is reminded that when pole(s) are erected for construction or maintenance works, should they topple over in the direction of the railway then there must be at least a 3m failsafe zone between the maximum height of the pole(s) and the railway boundary.
9. If vibro-compaction machinery / piling machinery or piling and ground treatment works are to be undertaken as part of the development, details of the use of such machinery and a method statement must be submitted to the Network Rail Asset Protection Engineer for agreement.
" All works shall only be carried out in accordance with the method statement and the works will be reviewed by Network Rail. The Network Rail Asset Protection Engineer will need to review such works in order to determine the type of soil (e.g. sand, rock) that the works are being carried out upon and also to determine the level of vibration that will occur as a result of the piling. " The impact upon the railway is dependent upon the distance from the railway boundary of the piling equipment, the type of soil the development is being constructed upon and the level of vibration. Each proposal is therefore different and thence the need for Network Rail to review the piling details / method statement.
Maximum allowable levels of vibration - CFA piling is preferred as this tends to give rise to less vibration. Excessive vibration caused by piling can damage railway structures and cause movement to the railway track as a result of the consolidation of track ballast. The developer must demonstrate that the vibration does not exceed a peak particle velocity of 5mm/s at any structure or with respect to the rail track. P.T.O.
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APPLICATION NO. 3/2016/0711 DECISION DATE: 24 November 2016
10. Network Rail will need to review all excavation and earthworks within 10m of the railway boundary to determine if the works might impact upon the support zone of our land and infrastructure as well as determining relative levels in relation to the railway. Network Rail would need to be informed of any alterations to ground levels, de-watering or ground stabilisation and we would need to agree the works on site to ensure that there is no impact upon critical railway infrastructure.
11. Where trees/shrubs are to be planted adjacent to the railway boundary these shrubs should be positioned at a minimum distance greater than their predicted mature height from the boundary. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary as the species will contribute to leaf fall which will have a detrimental effect on the safety and operation of the railway. Where landscaping is proposed as part of an application adjacent to the railway it will be necessary for details of the landscaping to be reviewed to ensure it does not impact upon the railway infrastructure. Any hedge planted adjacent to Network Rail's boundary fencing for screening purposes should be so placed that when fully grown it does not damage the fencing or provide a means of scaling it. No hedge should prevent Network Rail from maintaining its boundary fencing. Lists of trees that are permitted and those that are not permitted are provided below:
Permitted: Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees - Pines (Pinus), Hawthorne (Cretaegus), Mountain Ash - Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat "Zebrina"
Not Permitted: Alder (Alnus Glutinosa), Aspen - Popular (Populus), Beech (Fagus Sylvatica), Wild Cherry (Prunus Avium), Hornbeam (Carpinus Betulus), Small-leaved Lime (Tilia Cordata), Oak (Quercus), Willows (Salix Willow), Sycamore - Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), London Plane (Platanus Hispanica).
JOHN HEAP DIRECTOR OF COMMUNITY SERVICES
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