DEVELOPMENT CONTROL COMMITTEE TUESDAY, 21ST MAY 2019, 6.30 PM COUNCIL CHAMBER, TOWN HALL, CHORLEY

I am now able to enclose, for consideration at the above meeting of the Development Control Committee, the following reports that were unavailable when the agenda was published.

Agenda No Item

C 18/01211/FULMAJ - LAND 10M SOUTH OF 21 DUNROBIN (Pages 71 - 86) DRIVE, EUXTON

G 19/00106/FUL - CANAL BOAT CRUISES, RILEY GREEN (Pages 87 - 98) MARINA, BOLTON ROAD, WITHNELL, PR5 0SP

I 19/00091/FULMAJ - HASLEM PRINTERS LTD, STANDISH (Pages 99 - STREET, CHORLEY, PR7 3AJ 112)

J 19/00214/FUL - CHURCH FARM LIVERY STABLES, HIGH (Pages 113 - STREET, MAWDESLEY, ORMSKIRK, L40 3TD 122)

K 19/00220/FULMAJ - UNIT 1 BRINDLE MILL, BOURNES ROW, (Pages 123 - BRINDLE 130)

GARY HALL CHIEF EXECUTIVE

Electronic agendas sent to Members of the Development Control Committee

If you need this information in a different format, such as larger print or translation, please get in touch on 515151 or chorley.gov.uk

Meeting contact Nina Neisser on 01257 515140 or email [email protected] This page is intentionally left blank Agenda Page 71 Agenda Item 3c

APPLICATION REPORT – 18/01211/FULMAJ

Validation Date: 2 January 2019

Ward: Euxton South

Type of Application: Major Full Planning

Proposal: Erection of 51 no. dwellings and associated works.

Location: Land 10M South Of 21 Dunrobin Drive Euxton

Case Officer: Mr Iain Crossland

Applicant: Mulbury Homes Ltd & One Vision Housing

Agent: PWA Planning

Consultation expiry: 29 March 2019

Decision due by: 24 May 2019

RECOMMENDATION

1. It is recommended that planning permission is granted subject to conditions and S106 legal agreement to secure a contribution towards the maintenance of on-site amenity greenspace.

SITE DESCRIPTION

2. The application site is located within the settlement area of Euxton and is allocated for housing under policy HS1.40 of the Chorley Local Plan 2012 – 2026. The site has a total area of 1.8Ha and is bound by the west coast mainline railway to the east and an area of open land between the site and the A49 Wigan Road to the west. There is a residential housing estate to the north, from where access is proposed, and an area of open land between the site and the River Yarrow to the south.

3. The application site is relatively flat but slopes towards the south and west before the land starts to fall more steeply towards the River Yarrow and Wigan Road. The site itself is an open area of grassland with ponds and an area of copse to the east. There are mature trees to the north and east of the site, some of which are protected by Tree Preservation Orders (TPOs).

4. The character of the area is typical of the urban rural fringe with suburban residential housing to the north and agricultural land to the south. The application site itself is contained and defined by the topography and physical features surrounding the site including the housing estate, railway line and A49.

DESCRIPTION OF PROPOSED DEVELOPMENT

5. This application seeks planning permission for a residential development of 51 dwellings with associated car parking and landscaping on land off Dunrobin Drive, Euxton. Vehicular access is proposed from the existing estate road at Dunrobin Drive. Agenda Page 72 Agenda Item 3c

REPRESENTATIONS

6. Representations have been received from the occupiers of 32 addresses in objection to the proposed development. These raise the following issues:  Impact on the character of the area.  Impact on the amenity of surrounding occupiers.  Impact on highway safety and the efficient functioning of the highway network.  A new access should be constructed to connect the estate directly with the A49.  Damage and blockages caused by construction traffic.  Damage to the highway.  Children currently play on the road and more traffic would be a danger.  Surface water drainage and flood risk on and around the site. In particular the risks to the properties bordering the site on Dunrobin Drive and Wigan Road including Euxton Methodist Church.  The development should be a mix of social and market housing.  Ecological impact.  Impact on trees.  Impact on visual amenity through loss of green space.  Unsuitable for affordable housing due to lack of accessibility.  Lack of public transport to support future occupiers.  Low level of site accessibility and inaccuracies in the developers accessibility questionnaire.  The site will be expensive to develop due to the site conditions / is the scheme viable?.  Loss of CIL due to social housing.  There are enough low cost homes in the area.  The RSL is not a local one.  Increase in pollution.  The latest application is for 51 properties, this is completely out of proportion with both the previous application for 37 and the current number of houses on Dunrobin Drive which is only 30, resulting in an overdevelopment of the site.  Lack of consultation.

CONSULTATIONS

7. Euxton Parish Council (23rd January 2019): Comments that the increased numbers of properties further increase the problems foreseen by the residents of access for vehicles, parking problems and initially the lack of access for deliveries to the site.

8. There is an unresolved drainage issue which has not been addressed in the planning application papers which is being ignored.

9. The Accessibility/Sustainability report makes suspect assumptions and guesses distances to bus stops, shops and facilities and thus gives itself better scores than are accurate. LCC should take the time to investigate the claims in this report and report back.

10. The LCC measures suggested will not solve the problems which presently exist with the increase of traffic to some 50+ more properties which could mean 100+ more vehicles movements every morning and night.

11. The social/high density housing has been placed at a point to create the maximum disturbance to the already present properties on Dunrobin. The present properties will be close to these high density units with the highest quantities of car movements, bin movements and everyday noise etc. These also overlook present properties directly due to Agenda Page 73 Agenda Item 3c

the levels and window placements. The sustainability of these properties is seriously mis 'guessed' in the Accessibility report.

12. There are already problems on site (before permission) of deliveries struggling getting fencing in, parking of workmen blocking houses, damage to resident lawns etc. The issue of the site needs to be addressed to have car parking - 10 workmen means 10 vehicles with no where to park - etc.

13. The site should have the same condition imposed on it as suggested and agreed by the Development Control Committee at the time the previous application was considered - the site should not operate before 9.30 am and after 3.30 pm as the access to the site would be blocked for anything larger than a small truck due to parked cars of residents who live here.

14. Further comments were received on 27th February 2019 stating that: The Parish Council has considered further information from residents and supports the resident Mr Thornhill's observations on the methods to deal with Surface Water, further intrusion into the Green Belt, Pond damage, reports being enhanced with false information to make the site appear more sustainable and a number of other anomalies such as TPO reports being incorrect.

15. All this information needs to be clarified and verified by CBC before the application can be considered. The implications of some of the items raised could be dire, such as land being left unstable.

16. The Coal Authority: Have no objection.

17. Environment Agency: No comments have been received.

18. Greater Manchester Ecology Unit: No objection subject to conditions.

19. Waste & Contaminated Land: Have no objection subject to condition.

20. Lancashire County Council Highway Services: Have no objection subject to conditions.

21. Lead Local Flood Authority: Have no objection subject to conditions.

22. Lancashire Constabulary Architectural Liaison: Recommend standing advice.

23. Natural England: Have no comments to make.

24. United Utilities: Have no objection subject to conditions.

25. Network Rail: Have provided general advice and have no objection subject to appropriate boundary treatment.

26. Lancashire County Council Archaeology Service: No objection subject to condition.

27. Lancashire County Council (Education): Seek to draw the Council's attention to impacts associated with the above development and propose mitigation for these impacts through a developer contribution.

PLANNING CONSIDERATIONS

Principle of the development 28. The National Planning Policy Framework (The Framework) states that housing applications should be considered in the context of the presumption in favour of sustainable development. This means that development proposals that accord with the development plan should be approved without delay.

29. The application site is located in the settlement area of Euxton, and is part of an allocated housing site covered by policy HS1.40 of the Chorley Local Plan 2012 - 2026. The Agenda Page 74 Agenda Item 3c

development of housing on this site is, therefore, considered acceptable in principle. It is noted that the policy HS1.40 estimates that 36 dwellings would be provided on the site, however, this is only an indicative figure and does not preclude the provision of a higher or lower number of dwellings subject to material considerations. It is, however, an important consideration that the site is used to its full potential in order to deliver the necessary housing supply to ensure that the Borough’s housing requirement can be achieved.

30. In addition to this, it is noted that the application site was included within the Council’s housing land supply statement that was submitted as part of the Council’s case in defence of the recent planning appeal at Pear Tree Lane, Euxton (ref. APP/D2320/W/17/3173275), which was dismissed.

31. It is noted that part of the red line boundary on the location plan extends beyond the housing allocation and into the Green Belt. This is to incorporate the area to be used for surface water drainage, storage and access. The works to form the drainage and storage features are considered to be engineering operations in accordance with paragraph 146.b) of the Framework. Engineering operations are not necessarily inappropriate development within Green Belt locations providing that they preserve the openness of the Green Belt and do not conflict with the purposes of including land in Green Belt.

32. The drainage and storage features would be surface and sub-surface structures, which would effectively preserve the openness of the Green Belt and would not conflict with the purposes of including land in Green Belt in accordance with paragraph 146.b) of the Framework. The proposals therefore do not represent inappropriate development within this Green Belt location.

33. Further to above it is noted that the Development Control Committee resolved to grant planning permission for a residential development of 37 dwellings on the same site subject to conditions and S106 legal agreement at the meeting of 6th February 2019.

Design and impact on the character of the area 34. The proposed development would be located to the south of the residential housing estate at Dunrobin Drive, Euxton. The site is bound by Network Rail land to the east and open land between the site and A49 to the west. As such the site is not visually prominent.

35. The proposed development consists of a single main access road which divides to form two cul-de-sacs. The access road would continue the character of the existing estate road following a circuitous route with dwellings facing onto the highway.

36. The majority of the proposed dwellings are semi-detached although there are a small number of detached, mews style properties and apartments throughout the proposed development. The estate roads and layout follow a logical pattern and would incorporate a range of dwelling types of consistent design. The site layout and differences in dwelling types would provide an adequate degree of character, whilst the dwellings themselves would include consistent materials and details that would provide a level of coherence and would reflect materials and features of the existing estate from which it would extend.

37. The design of the dwellings themselves are traditional in appearance and would include red brickwork and features such as gables, bay windows, porches, varying set backs, and projecting brick dentil courses that would provide diversity and interest to reflect the existing local vernacular and character. It is noted that there is a range of property types in the area and that the proposed dwellings reflect the scale of existing dwellings and the suburban setting.

38. The properties would all have garden areas providing sufficient space for the storage of bins and driveway parking. Some of the properties would also have detached garages situated in inconspicuous positions. The frontages would be open plan contributing to an open and uncluttered street scene. Agenda Page 75 Agenda Item 3c

39. The overall density of the development would be higher than that of Dunrobin Drive but would reflect the suburban character of the area and density of nearby housing estates. The overall density of the development would be low, at approximately 27 dwellings per hectare, which is appropriate in suburban areas whilst making efficient use of the land available.

40. There would be an area of public amenity greenspace to the east of the site where two ponds are located. This would form an attractive area of public open space incorporating the woodland copse, and would be accessible via footpath. The retention of the trees would also help to form an attractive natural feature on entry to the estate. There are numerous mature trees to the periphery of the site, which would largely be retained in accordance with the proposed landscaping and tree protection plan, which would help to frame the development within the landscape to some extent. Native species would be included as part of the proposed landscaping scheme.

41. Overall, the layout and design of the proposed development is considered acceptable and appropriate to the existing surrounding development and is in accordance with policy 17 of the Core Strategy.

Impact on neighbour amenity 42. There is a sufficient degree of separation between the existing dwellings of Dunrobin Drive, Wigan Road and the proposed dwellings to ensure that the Council’s spacing guidelines are met. As such it is considered that the proposal would not result in any loss of amenity for existing residents or the future residents within the development.

43. The properties at 14, 15, 21 and 22 Dunrobin Drive have the closest relationship with the site. The relative positioning and degree of separation between these existing dwellings and the proposed dwellings is such that there would be no unacceptable impact on outlook, light or privacy. It is noted that the trees between the application site and the existing dwellings at 14, 15 and 21 Dunrobin Drive are to be retained. This would help to filter views between the proposed and existing dwellings and would help to soften the visual impact in relation to the existing dwellings.

44. In terms of the interface distances between the proposed dwellings and existing dwelings and garden areas at 14, 15, 21 and 22 Dunrobin Drive, these are in accordance with the Council’s interface guidelines.

45. It is recognised that the continuation of Dunrobin Drive would result in additional traffic movements through the estate road, however, it is not considered that an additional 51 dwellings would not result in such a weight of traffic so as to cause unacceptable harm to residential amenity through noise and disturbance.

46. The dwelling at 289 Wigan Road is located approximately 20m from the site boundary but is at a significantly lower level. There would be garden areas to the rear of this dwelling and there would be no dwellings with windows to habitable rooms facing towards this property, with the nearest properties approximately 28m away and positioned at an obscure angle. As a result of the positioning and degree of separation there would be no impact on light, outlook and privacy in relation to this dwelling.

47. The relationship between the proposed dwellings themselves would also be in accordance with the Council’s interface guidelines, taking into account the level changes across the site. The proposal is, therefore, considered acceptable in terms of the relationship with the existing surrounding properties and between the proposed properties themselves.

Highway safety 48. An assessment of the impact on the local highway network of residential development at the application site was carried out by Lancashire County Council Highway Services (LCC) in detail early last year when planning application, 17/00857/FULMAJ was submitted for the erection of 37 dwellings and associated infrastructure, but which was subsequently withdrawn. Agenda Page 76 Agenda Item 3c

49. As part of the assessment, various off-site works of highway improvements were identified and agreed with the applicant. These works were outlined in a highway response of 26/01/2018 to the Local Planning Authority (LPA).

50. The current proposal is for residential development at the same site, but for the erection of an increased number of 51 dwellings. The current proposed layout is similar to the previous scheme in that although the buildings have been re-planned and the design of the public open space marginally altered, the proposed site access and the internal road layout remains the same.

51. The applicant has revised the Transport Assessment (TA) associated with the withdrawn application to take account of the increased number of dwellings and to determine whether the impact of the development on the highway network is acceptable; and in paragraph 4.4.2 of the revised TA has committed to implementing the off-site highway measures.

52. LCC confirm that the highway improvements identified for the withdrawn application are adequate to mitigate the anticipated transport impacts of the current proposed development and would improve accessibility and safety for all modes of travel, particularly for alternatives to the car such as walking, cycling and public transport.

53. LCC therefore confirm that they have no objection to the current proposed development subject to the implementation of the agreed improvements. As such, highway comments provided on the withdrawn application, including suggested conditions and advice notes remain valid and applicable to the current application.

54. As part of the previous assessment it was agreed that the following measures be implemented.

A49 Wigan Road/Dunrobin Drive: 55. White line junction improvement option at A49 Wigan Road / Dunrobin Drive junction to deliver a small ghost island right turn ‘pocket’ for right turn movements from the A49 (S) to Dunrobin Drive. This layout can be delivered within the existing carriageway extents and would improve right turn traffic movements at the junction. The proposals would also include a small section of increased footway width on the western side of A49 Wigan Road to help channel traffic and assist pedestrian access across the nearby private garage side road access point. In line with good practice guidance, the principles of this local highway improvement scheme have been subject to an Independent Stage 1 Road Safety Audit (RSA) review.

A49 Wigan Road/A581 Dawbers Lane mini roundabout: 56. Full re-marking of the A49 Wigan Road / A581 Dawbers Lane mini roundabout junction, including the inclusion of additional red ‘over-run’ markings to the roundabout central markings and minor amendments to the A49 northbound entry markings (in response to safety audit comments). LCC have also undertaken detailed investigations of whether options exist to provide some measure of marked/physical deflection on the A49 Southbound approach to this junction. However, due to the combination of:

a) the presence of significant buried infrastructure services within the adjacent footway (which effectively rule out any intrusive carriageway works in this location) and,

b) the practical design limitations associated with large HGV vehicle tracking on any works that would involve changes to the current marked central splitter island it can only be concluded that there are no practical options to improve this location within current constraints.

57. LCC Highways have seen scheme drawings and vehicle tracking information to confirm that physical deflections cannot be safely accommodated on the southbound approach to the mini roundabout. LCC, however, considers the proposed measures adequate to address the problem of vehicles speeding through the roundabout which often leads to conflicts with Agenda Page 77 Agenda Item 3c

vehicles from Dunrobin Drive waiting to merge onto the A49 Wigan Road. The scheme is shown on submitted drawing no. 2235-01-SK104 dated 22.01.2018.

Internal layout and parking 58. The development should be constructed to the Lancashire County Council Specification for Construction of Estate Roads to ensure satisfactory access and in order to be acceptable for adoption under the Section 38 agreement of the Highways Act 1980. The connection of the proposed access road to the existing Dunrobin Drive should be undertaken as part of the s278 works.

Existing traffic conditions 59. The highway authority expects the proposed off site works of highway improvement to resolve the issue of safe right turns for traffic leaving Dunrobin Drive. The approved improvements e.g. the widening of footway between the two entrances should go a long way in assisting safe access and egress of the adjacent garage and the Euxton Mill pub.

Sustainability / Accessibility (Walking, Cycling & Public Transport) Dropped kerbs and tactile pavings 60. As requested in the LCC Highways response, the applicant has agreed to provide dropped crossings and tactile pavings on Dunrobin Drive at all junctions where there are currently no such provision from Wigan Road to the proposed site. However, it should be noted that the works would be undertaken through the section 278 agreement of the Highways Act 1980, instead of the S106 contribution stated by the applicant.

Public transport 61. The delivery of a new bus stop bay, carriageway markings (including clearway) and signage/information panel should be delivered as part of the off-site works of highway improvement through a S278 agreement.

Removal of existing traffic signs and provision of new. 62. LCC Highways consider that the existing 'Give-way' sign currently erected above the mini roundabout sign and the 'Keep left' sign on the beacon column both on the northbound approach are inappropriate for this location and need to be removed. In place of the 'Keep left' sign, an additional mini roundabout sign is required on the northbound approach. The 'Keep left' sign on the southbound approach also needs to be removed. The highway authority would carry out the removal and replacement of the signs as part of its routine maintenance to enhance traffic signage at the mini roundabout.

63. LCC Highways confirms that the proposed development is acceptable on the basis that appropriate highway safety measures are implemented. It is recommended that appropriate conditions are attached to any grant of planning permission to secure these highway safety measures, and it is noted that the applicant would be required to enter into a section 278 agreement with Lancashire County Council as the highway authority.

Ecology and trees 64. Due to the nature of the application site, the application is supported by an Ecological Survey and Assessment, as well as supplementary reports. These have been reviewed by the GMEU Ecologist. They advise that ecology surveys that have been undertaken in support of the application have been carried out by suitably qualified consultants and are generally to appropriate and proportionate standards.

65. The site comprises a single field of semi-improved neutral grassland with marginal tall-herb vegetation, bramble scrub and semi-mature and mature trees. Two ephemeral ponds are present in the eastern area of the site. Habitats immediately outside the red line development area boundary comprise scrub, tall-herb vegetation and deciduous woodland (Priority Habitat).

66. The ecology report states that the site and the adjacent land has no statutory or non- statutory designation for nature conservation and no designated sites would be directly or indirectly adversely affected by the proposals. Agenda Page 78 Agenda Item 3c

67. No species-rich habitats are present. No rare or uncommon plant species were detected at the site. None of the semi-improved grassland habitats and tall-herb vegetation within the site are of significant interest in terms of their plant species composition.

68. The semi-mature and mature trees on the site boundaries are of local value as they function as minor wildlife corridors and provide habitat for animal life. The retention and protection of the trees is considered feasible within the remit of the development proposals, and is reflected in the tree protection plan. It s noted that the tree protection plan has been amended in response to the comments of local residents and the Council’s tree officer. The tree officer confirms that the tree protection plan is now a true reflection of the extent and quality of trees that exist on the application site. The level of tree retention and protection set out on the plan is considered to be acceptable retaining the best quality trees with suitable protection measures proposed.

69. The site lies adjacent to habitats, which function as wildlife corridors (semi-natural woodland of Priority Habitat status to the south and the railway corridor to the east). These would be protected by an appropriate area of buffering.

70. Indian Balsam and Crocosmia, both invasive species listed under Schedule 9 of the Wildlife and Countryside Act 1981 (as amended), are present at the site. The control of these species is recommended and once applied and replaced with more favourable habitat in the eastern area of the site would significantly enhance the diversity of habitat present.

71. A ‘medium’ population size class of great crested newts (GCN) has been detected at an off- site pond approximately 65 metres north. Terrestrial habitats within the site are suitable for use by GCN and the presence of individual GCN in the site cannot be discounted. Common toad, a Priority Species is also present in the wider area.

72. The presence of GCN does not preclude the development proposals. It is concluded that appropriate mitigation to achieve a Natural England European Protected Species Mitigation (EPSM) licence to enable the works to proceed legally and ensure the protection of GCN and other amphibians including common toad, is entirely feasible, as it is anticipated that the proposed enhancements to the site, as well as introduction of enhanced ponds would create better habitats for the species group and ensure their continued presence within the site. An updated GCN survey and GCN Mitigation Strategy will also be required to detail the mitigation of the species, in submission with the license.

73. The trees on the site boundaries have been assessed to have suitability for use by roosting bats (one high suitability, five moderate suitability and seven low suitability). All these trees are to be retained. It is noted that the proposed dwellings would be located at similar distances to the protected trees as those of the existing estate. The positioning of the proposed dwellings relative to the trees, along with their separation is such that the trees would not in themselves present a nuisance to future residents and would not be harmed provided that adequate protection measure are put in place throughout the course of development.

74. Section 170 of the Framework states that the planning system should contribute to and enhance the natural and local environment. The main ecological impact of the development is the loss of species poor semi-improved grassland (between 1 and 1.5ha) and small numbers of young trees and scrub. Whilst these habitats are of generally low ecological value, the area to be lost at the northern end of the site is likely to provide terrestrial foraging habitat for great crested newts and mitigation should be provided. Given the area of land available to the developer within and outside the red edge, it is considered that adequate mitigation can be provided. It is therefore recommended that a condition requiring a landscape and environmental management plan is attached to any grant of planning permission.

75. On receipt of the drainage strategy it was identified that a pond to the south of the site would be infilled to facilitate the installation of pipework. The applicant has since confirmed that Agenda Page 79 Agenda Item 3c

although the initial idea suggested by the drainage engineer was to infill/drain the pond to the south of the development adjacent to the River Yarrow, this will not be necessary and the works required would involve either localised infilling or a temporary works system in the immediate area that the outfall pipe would pass through to provide a safe working area for the contractor. Prior to this being implemented the applicant would commission an ecological survey and would carry out the works under the supervision of the appointed ecologist. A small parcel of land that segregates the pond in to two parcels would be utilised thus minimising the ecological impact to the area. This may require a small amount of additional infilling to the sides to ensure its width is adequate and all works associated with the outfall in this area would be carried out under the watching brief of the appointed ecologist. All method statements for these works will be discussed with all relevant parties prior to the works commencing and only then when all are in agreement will the works proceed.

76. GMEU have confirmed that this would be an acceptable approach subject to an ecological survey of all potential ecological issues being provided prior to any works setting out the level of impact on the pond, including a restoration and enhancement plan on completion. It is recommended that this be secured by condition.

77. The ecologist at GMEU accepts the findings of the ecology surveys and supplemental reports, and raises no objection to the proposed development subject to conditions. It is considered that the ecological impacts of the proposal have been fully considered and as such it is considered that the Council, subject to suitable conditions, has discharged its obligations in consideration of any potential impact on protected species.

Drainage 78. The applicant has provided a flood risk assessment (FRA) and surface water drainage strategy with the planning submission. The Lead Local Flood Authority (LLFA) have assessed the site in consideration of this strategy and are satisfied at this stage that the proposed development can be allowed in principle. The LLFA consider that the applicant will need to provide further information to ensure that the proposed development can go ahead without posing an unacceptable flood risk to the properties north of the site. These are namely, 289 Wigan Road, Euxton Methodist Church and houses on Dunrobin Drive adjacent to the north of the site.

79. The application FRA states that the proposed development would be approximately 48.3% impermeable, which would result in an increase in surface water run off across the site. It would therefore be necessary to manage surface water on-site in order to limit the discharge of surface water off-site to an agreed rate to provide sufficient on-site attenuation up to the 1 in 100 year climate change rainfall event and to provide improvements to water quality through appropriate source treatment.

80. The proposed drainage strategy demonstrates that it is feasible to discharge to the watercourse outside of the southern red line boundary at a controlled rate limited to 12.9l/s (the QBar pre-development Greenfield rates). Discharge would need to be controlled through a suitable flow control mechanism. The restricted discharge rate would provide betterment for all large events as any runoff greater than QBar rates would be attenuated on site.

81. By incorporating these attenuation and discharge features into the drainage design then the development would not increase flooding to the development or to others downstream of the development.

82. In principle, the strategy contains the following features and criteria:  It is considered that infiltration techniques will not be suitable on-site due to the ground conditions beneath the site according to British Geological Survey data. Therefore, soakaways or other infiltration based SuDS will not be incorporated into the drainage design;  The surface water discharge is proposed to discharge at pre-development QBar Greenfield Rates (12.9l/s) into the River Yarrow; Agenda Page 80 Agenda Item 3c

 The outfall pipe will have to cross the pond outside of the southern boundary, and;  Cellular storage will be provided at the southern extent of the site. This will provide approximately 100m3 of surface water storage and attenuate for the 1 in 100 year storm plus 40% climate change;

83. The FRA states there is a surface water sewer outfall located to the north of the site that discharges to the River Yarrow and the applicant intends to discharge to the River Yarrow via the drain downstream of the outfall. Under the Land Drainage Act 1991 (as amended by the Flood & Water Management Act 2010), consent would be required from the Lead Local Flood Authority to build a culvert or structure (such as a weir) or carry out works within the banks of any ordinary watercourse, which may alter or impede the flow of water, regardless of whether the watercourse is culverted or not.

84. If the applicant wishes to construct an outfall in the River Yarrow, it is noted that this is classed as a main river. Therefore, any flood risk activity that the applicant wishes to carry out, for example discharging surface water from the proposed development, may require an environmental permit from the Environment Agency.

85. Historic maps indicate there is an existing pond located to the east within the proposed development site. It is unknown whether there are historic/unidentified culverts from this existing pond as they have the potential to cause a flood risk if they are unidentified and unaccounted for in the drainage design and layout of development proposal. It is, therefore, advised that the applicant identifies the current location of any culvert(s) from the existing pond to ensure that it is appropriately accounted for and considered in the sustainable drainage design for the development proposal.

86. It is advised that the applicant submits to the local planning authority details of how surface water and pollution prevention (Information on pollution prevention measures in line with Pollution Prevention Guidance (PPG)) would be managed during each construction phase of the development. A number of conditions are recommended to ensure that an appropriate surface water drainage scheme is designed and implemented at the necessary stages taking account of the particular circumstances of the site.

Affordable housing 87. Policy 7 of the Core Strategy requires 30% affordable housing to be provided on sites of 15 or more dwellings, or 0.5 hectares in size (which this is), in urban areas such as this. The proposed development would comprise entirely of dwellings that are affordable housing units consisting of 25 dwelling for affordable rent and 26 dwellings for shared ownership. The scheme would be partially funded through a Homes England grant.

88. The Council requires at least 70% of affordable housing units to be for social rent or affordable rent as set out in the Affordable Housing SPD. The Councils preference is for social rent units, however, the SPD states that affordable rent will be accepted where there is a demonstrable link to a Homes England funded scheme or in exceptional circumstances where it is appropriate because of the particular location or type of housing proposed. The applicant states that Homes England funding has been secured and has provided evidence of this. On the basis that the development is a Homes England funded scheme consisting entirely of affordable housing types the proposed mix is considered acceptable given the benefit of such a scheme.

89. The submitted scheme would help to create a balanced and mixed community through providing a range of property types that would appeal to a wide housing market, in particular young persons and couples (including first time buyers), families and the elderly. In terms of the latter, it is considered the apartments, particularly those on the ground floor level, will cater to older persons. Half of dwellings would be for sale as shared ownership products, promoting owner occupation, whilst the remaining half would be available for affordable rent, which would attract a range of occupiers preventing any imbalance of local housing tenure mix. Agenda Page 81 Agenda Item 3c

90. The provision of affordable housing as proposed would need to be secured through a condition requiring a scheme for the provision of affordable housing across the site, given the proposal to deliver affordable housing across the whole of the site would result in a benefit that outweighs the necessity to apply the preferred tenure mix set out in the SPD. A viability case has also been submitted on the basis of the proposed scheme, which would be affected by any deviation from the proposed tenure mix. The viability case relates to the provision of public open space, which is set out further below.

Sustainability 91. Policy 27 of the Core Strategy requires all new dwellings to be constructed to Level 4 of the Code for Sustainable Homes or Level 6 if they are commenced from 1st January 2016. It also requires sites of five or more dwellings to have either additional building fabric insulation measures or reduce the carbon dioxide emissions of predicted energy use by at least 15% through decentralised, renewable or low carbon energy sources. The 2015 Deregulation Bill received Royal Assent on Thursday 26th March 2015, which effectively removes Code for Sustainable Homes. The Bill does include transitional provisions which include:

“For the specific issue of energy performance, local planning authorities will continue to be able to set and apply policies in their Local Plans which require compliance with energy performance standards that exceed the energy requirements of Building Regulations until commencement of amendments to the Planning and Energy Act 2008 in the Deregulation Bill 2015. This is expected to happen alongside the introduction of zero carbon homes policy in late 2016. The government has stated that, from then, the energy performance requirements in Building Regulations will be set at a level equivalent to the (outgoing) Code for Sustainable Homes Level 4. Until the amendment is commenced, we would expect local planning authorities to take this statement of the government’s intention into account in applying existing policies and not set conditions with requirements above a Code Level 4 equivalent.”

“Where there is an existing plan policy which references the Code for Sustainable Homes, authorities may continue to apply a requirement for a water efficiency standard equivalent to the new national technical standard, or in the case of energy a standard consistent with the policy set out in the earlier paragraph in this statement, concerning energy performance.”

92. Given this change, instead of meeting the code level, the dwellings should achieve a minimum dwelling emission rate of 19% above 2013 Building Regulations in accordance with the above provisions. This can be controlled by a condition.

Public open space 93. The proposed development would generate a requirement for the provision of public open space in line with policies HS4a and HS4b of the Chorley Local Plan 2012 – 2026 and the Open Space and Playing Pitch SPD, including for the maintenance of amenity greenspace, allotments and playing pitches.

94. The applicant has agreed to make the contribution towards the maintenance of amenity green space on the site. However, the applicant has submitted a viability appraisal setting out that no further contributions would be possible from the development. The scheme would be grant funded in part by Homes England, given that the whole site would be affordable housing. There are a range of abnormal factors affecting the site including the need for site levelling, retaining structures and foundations, surface water storage and outfall, off site highway works and ecological mitigation measures.

95. It is clear that the viability of the site is a serious concern for the development. The Council’s in house surveyor has scrutinised the viability appraisal and sought clarification on certain factors that have been used to calculate viability. These have been addressed in an updated viability appraisal, which continues to demonstrate marginal viability. It is therefore considered that a contribution towards the maintenance of amenity green space only is acceptable in this instance given the viability issues. This should be secured via a condition requiring a scheme for the maintenance of the amenity greenspace. Agenda Page 82 Agenda Item 3c

Community Infrastructure Levy 96. The Chorley CIL Infrastructure Charging Schedule provides a specific amount for development. The CIL Charging Schedule was adopted on 16 July 2013 and charging commenced on 1 September 2013. The proposed development would be a chargeable development and the charge is subject to indexation in accordance with the Council’s Charging Schedule. It is anticipated, however, that an affordable housing exemption will be sought.

Education provision 97. Lancashire County Council (LCC) as Education Authority seeks to draw the Council's attention to impacts associated with the above development and propose mitigation for these impacts through a developer contribution. The request for a contribution from LCC Education is noted, however this is an allocated site and education requests such as this are included within the scope of the Community Infrastructure Levy funds.

Other matters 98. Claims in the Accessibility/Sustainability report are inaccurate and make the site appear more sustainable than it is: LCC does not require the accessibility questionnaire to be completed for all new development proposals. Developers are encouraged to complete the questionnaire as an additional tool in assessing the ability with which people can reach different locations and facilities by different modes from propose developments. LCC does not consider that the accessibility score falls within the low category and even if that were the case, instead of objecting to the proposal, LCC Highways would seek solutions through impact mitigation measures to make the proposal acceptable. From a planning perspective the accessibility and sustainability of the site to provide housing is not a matter for consideration on this site at this moment in time as the site is allocated for housing within the Chorley Local Plan 2012 – 2026 and therefore the principle is established.

99. The social/high density housing has been placed at a point to create the maximum disturbance. The impact of the proposed development on the amenity of neighbouring occupiers is set out above. It is noted that the positioning of the apartment units is similar to the affordable apartment units proposed by Redrow on the previous application, that the Development Control Committee resolved to approve.

100. Impact of construction traffic on highway safety: Concerns have been raised with regards to the impact of construction traffic using Dunrobin Drive on highway safety and public amenity. It is recognised that this would lead to a period of disruption for residents of Dunrobin Drive. It is, however, recognised that this would be a temporary impact and that construction sites are often located within urban areas close to residential properties and smaller highways that are normally only used by cars. It is considered that in circumstances, such as this, where construction is likely to impact on residential amenity and the efficient functioning of the highway network that a construction method statement is provided prior to the commencement of development. This would include information about vehicle routing, delivery times, details of site operation, materials storage, wheel wash facilities etc, and it is recommended that this is required by condition.

101. Lack of detail on surface water drainage arrangements: Surface water drainage details would be required by condition.

102. Children currently play on the road and more traffic would be a danger: The proposed development would result in additional traffic using the estate road, however, it is not recommended that children should play in the road in any event.

103. Damage caused to the highway through construction / mud on the road: Wheel wash facilities would be required on site as part of the construction method statement.

104. A new access should be constructed to connect the estate directly with the A49: A direct access road to the A49 does not form part of the proposal and cannot therefore be considered in the determination of the application. Agenda Page 83 Agenda Item 3c

105. Lack of consultation: It is recommended that developers engage with local residents prior to submitting planning applications, however, Local Planning Authorities cannot ensure that this takes place. In terms of the Council’s responsibility to publicise the application letters of notification were sent to the 56 addresses most affected by the proposed development. In addition to this, an advert was placed in the Chorley Guardian, a site notice posted at the proposed site entrance, the Parish Council were notified and the application available to view on the Council website.

CONCLUSION

106. The application is recommended for approval subject to conditions including a scheme to secure affordable housing and a scheme for the maintenance of the amenity greenspace.

RELEVANT HISTORY OF THE SITE

Ref: 17/00857/FULMAJ Decision: WDN Decision Date: 21 December 2018 Description: Erection of 37 dwellings and associated landscaping and infrastructure

RELEVANT POLICIES: In accordance with s.38 (6) Planning and Compulsory Purchase Act (2004), the application is to be determined in accordance with the development plan (the Central Lancashire Core Strategy, the Adopted Chorley Local Plan 2012-2026 and adopted Supplementary Planning Guidance), unless material considerations indicate otherwise. Consideration of the proposal has had regard to guidance contained within the National Planning Policy Framework (the Framework) and the development plan. The specific policies/ guidance considerations are contained within the body of the report.

Suggested conditions

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APPLICATION REPORT – 19/00106/FUL

Validation Date: 6 February 2019

Ward: Brindle And Hoghton

Type of Application: Full Planning

Proposal: Erection of a tipi from 1st May to 1st October each year to be used as an outdoor activity centre and wedding/events venue with associated car parking (resubmission of planning application ref: 18/00972/FUL).

Location: Canal Boat Cruises Riley Green Marina Bolton Road Withnell Preston PR5 0SP

Case Officer: Chris Smith

Applicant: Canal Boat Cruises

Agent: N/A

Consultation expiry: 7 March 2019

Decision due by: 24 May 2019

RECOMMENDATION

1. It is recommended that this application is refused for the following reasons:

i) Although some weight is given in favour of the application in relation to the economic benefits of the proposal, it is not considered that there are very special circumstances sufficient to outweigh the harm to the Green Belt caused by the inappropriateness of the tipi and encroachment. The proposal is, therefore, contrary to the National Planning Policy Framework.

SITE DESCRIPTION

2. The application site is located in the Green Belt. It is a large and irregularly shaped plot of agricultural grazing land which lies between Bolton Road (A675) to the south and the Leeds Liverpool Canal which runs along the northern site boundary. An access track enables vehicle access to the site from Bolton Road.

3. The north west portion of the site behind ‘The Boatyard Inn’ public house contains several facilities including moorings and the applicant operates a canal boat cruise business on the Leeds Liverpool Canal. Topography across the site is gently undulating and relatively uneven sloping down and away from Bolton Road towards the northern part of the site. Several mature trees populate the site and a large pond lies in the north west corner.

DESCRIPTION OF PROPOSED DEVELOPMENT

4. The application seeks planning permission for the erection of a tipi from 1st May to 1st October each year which would be located centrally within the application site. It would be used as a base and visitor centre to facilitate the provision of a range of outdoor recreational and educational activities such as canal safaris and nature trails. The tipi would accommodate an interactive classroom and catering facilities to be used in conjunction with these activities. Agenda Page 88 Agenda Item 3g

5. It would also be used as a wedding events venue. The statement submitted in support of the application states that it is unlikely that the wedding use would exceed 28 days per year, that wedding numbers would be limited to 80 guests and most weddings would take place at weekends. The tipi would be on site for 5 months of the year.

6. The scheme proposes 6no. car parking spaces and 2no. spaces for minibuses. The applicant intends to utilise the existing 23no. car parking spaces which have been created for the development approved by planning application 15/00528/FULMAJ. This scheme comprises the extension of the Riley Green marina through the creation of new pontoons to create 22 new boat berths as well as a new site access, new car park and facilities to be used in conjunction with the expanded marina. Works to implement this planning permission have commenced.

REPRESENTATIONS

7. Two representations have been received citing the following grounds of objection –

 The application site is in the Green Belt  The applicants have installed high opaque plastic screening across the width of the site  The screening is distracting to drivers  Noise pollution  Traffic  Ecology and potential impact on Bats  There are other wedding venues in the immediate area

8. Two representations in support of the proposed development have been received making the following comments –

 The development would support rural tourism and diversification  Canal Boat Cruises are an award-winning business and the proposed development would be a valuable asset to the business and would help it to diversity into larger functions  Development would create a minimum of six full time members of staff  The tipi is in an extraordinarily beautiful and unique setting  The proposed development is essential in order to allow local businesses to grow  It would boost the local economy

CONSULTATIONS

9. Greater Manchester Ecology Unit (GMEU) – Have no objections subject to the inclusion of conditions.

10. Canal & River Trust – Have confirmed that they have no comments to make.

11. Lancashire Highway Services (LCC Highways) – Have stated that they do not have any objections to the proposed development and are of the opinion that it would not have a significant impact on highway safety, however, conditions are recommended.

12. Chorley Council’s Environmental Health Officer – Has stated that the applicant has provided sufficiently detailed documentation, evidence and mitigation proposals to demonstrate that the proposed development would not result in any adverse impacts on nearby residential properties, however, any grant of planning permission, should be subject to the inclusion of a condition requiring the installation of a sound limiting device set at 85dB(A).

13. Hoghton Parish Council – Have stated that the application should be subject to strict control of the proposed numbers using the Tipi, provision of adequate car parking and parking restrictions on Bolton Road. Agenda Page 89 Agenda Item 3g

Applicant’s case in support of the application in the Green Belt: 14. The tipi would be the base from which outdoor educational and outdoor pursuit activities take place. This would be the primary use of the structure. As ancillary to the outdoor activities business it is an acceptable use within the Green Belt. The wedding use would be restricted to 28 days a year and will be secondary to the primary use.

15. Need to diversify: The existing canal focussed business was badly affected by the closure of the canal in the summer of 2018. If the business is to become more resilient to climate change impacts, it needs to diversify into other forms of income generation on the site.

16. Five months use only: The tipi will only be used over the summer months. It is impractical to erect and take down after every event. It is proposed that the tipi be taken down before the start of October and erected after the 1st of May each year. As a result, the impact on the Green Belt will be significantly reduced.

17. The site already has established screening through the mature deciduous woodland. As the tipi would only be in place over the summer, the screening would remain fully intact and the tipi would not be in place when surrounding trees are not in leaf.

18. Noise impacts will be minimal as demonstrated by the noise impact assessment.

19. The temporary tipi is the only new structure. The existing marina reception building and car park are more than sufficient for the proposed use.

20. The site will provide a unique learning environment for local schools and colleges with significant social and environmental benefits to the local community.

PLANNING CONSIDERATIONS

21. It is considered that the main issues for consideration in this application are as follows;

1. Principle of the development in the Green Belt 2. Impact on the character and appearance of the locality 3. Impact on the amenity of neighbouring occupiers 4. Highway safety 5. Ecology and trees

Principle of development in the Green Belt 22. The application site is located in the Green Belt. National guidance on Green Belt is contained in Chapter 13 of the Framework which states:

133. The Government attaches great importance to Green Belts. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence.

134. Green Belt serves five purposes: a) to check the unrestricted sprawl of large built-up areas; b) to prevent neighbouring towns merging into one another; c) to assist in safeguarding the countryside from encroachment; d) to preserve the setting and special character of historic towns; and e) to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

143. Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.

144. When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, Agenda Page 90 Agenda Item 3g

and any other harm resulting from the proposal, is clearly outweighed by other considerations.

145. A local planning authority should regard the construction of new buildings as inappropriate in the Green Belt. Exceptions to this are: a) buildings for agriculture and forestry; b) the provision of appropriate facilities (in connection with the existing use of land or a change of use) for outdoor sport, outdoor recreation, cemeteries and burial grounds and allotments; as long as the facilities preserve the openness of the Green Belt and do not conflict with the purposes of including land within it; c) the extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building; d) the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces; e) limited infilling in villages; f) limited affordable housing for local community needs under policies set out in the development plan (including policies for rural exception sites); and g) limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings), which would: ‒ not have a greater impact on the openness of the Green Belt than the existing development; or ‒ not cause substantial harm to the openness of the Green Belt, where the development would re-use previously developed land and contribute to meeting an identified

In addition, paragraph 146 states that certain forms of development are not inappropriate in the Green Belt provided they preserve its openness and do not conflict with the purposes of including land within it. There are a number of exceptions which include:

e) Material changes in the use of land (such as changes of use for outdoor sport or recreation, or for cemeteries and burial grounds);

23. In order to consider the impact of the proposed development on the Green Belt it must first be established whether the proposed structure is considered to be a building. Section 336 of the Town and Country Planning Act 1990 (The Act) defines the term building as “any structure or erection, and any part of a building as so defined”.

24. When determining whether something can be taken to constitute a building operation, each case needs to be considered on its own merits considering its size, permanence and physical attachment as to whether a building operation has occurred or it is merely the placing of a ‘chattel’ on land. Case law has established (Cardiff Rating Authority v Guest Keen Baldwin’s Iron and Steel Co 1949) that there are three tests to be made in determining whether a building constitutes operational development. These include whether its size would be such that normally it would have to be built on site rather than brought to the site ready-made; whether the construction would suggest some degree of permanence meaning it could only be removed by pulling down or taking to pieces and whether the construction would be physically attached to the ground. The main issue here is whether the proposed development would be a building operation or merely a ‘chattel’ (moveable item of property) placed on land. In order to make this determination, the three tests of size, permanence and physical attachment will be considered in turn.

25. The proposed structure would comprise four conical sections each measuring approximately 10m by 19m, with the maximum width of the entire structure measuring approximately 25m. It would be approximately 5.5m high with a footprint of approximately 350 square metres and would, therefore, be of substantial size. It is proposed to site the tipi for five months each year. The supporting statement claims that due to the size and complexity of the structure it cannot be taken down after each event that it hosts, and it takes approximately 2 days to erect and dismantle it on site. The tipi would be fixed and secured to the ground via its own weight, a timber frame and also a series of pegs attached to the canvas. This would be a beige canvas attached to timber poles sitting on timber boards. Taking these factors Agenda Page 91 Agenda Item 3g

together, it is considered the tipi does not have a fleeting character but falls to be considered a building operation with a degree of permanence.

26. The design and access statement submitted in support of the application asserts that the proposed development would benefit from the exception of point b) paragraph 145 of the Framework, which states that the provision of appropriate facilities (in connection with the existing use of land or a change of use) for outdoor sport, outdoor recreation, cemeteries and burial grounds and allotments are not inappropriate so long as the facilities preserve the openness of the Green Belt and do not conflict with the purposes of including land within it. It is noted, that at page 17 of the design and access statement, that this is the key consideration in the determination of the application.

27. In the event that the proposed development was to be considered to be an appropriate facility for outdoor recreation in consideration of exception b) of paragraph 145 of the Framework, it would be necessary to assess whether those facilities preserve the openness of the Green Belt and whether the proposed development would conflict with the purposes of including land within it. Whilst the impact of development upon the openness of the Green Belt is a subjective judgment, case law establishes that objective criteria can be employed in formalising a balanced assessment. This can include the volume, the footprint and height although it is important to note that the Framework does not require such an allowance or capacity test. It is also established that the openness of an area is affected by the erection or positioning of any object within it no matter whether the object is clearly visible or not.

28. A landscape and visual impact assessment submitted in support of the application demonstrates that in visual terms the proposed development would not have an unacceptable adverse impact on the character and appearance of the immediate locality. This does not, however, counteract the impact of the proposed development on the spatial aspect of the openness of the Green Belt. The judgement in Boot v Elmbridge (2017) provides the proper interpretation of impact on openness which concludes that where harm to openness arises, it cannot be considered that it ‘preserves’ the openness of the Green Belt. The judgement is clear that the Framework does not give the decision-maker any latitude to find otherwise. The building would be sited within a field which is currently undeveloped. The proposed building would harm the openness of the Green Belt and would, therefore, fail to preserve openness.

29. Notwithstanding this, the proposed development should not conflict with the purposes of including land within the Green Belt. The purposes are set out in the Framework at paragraph 134. As the proposed development would result in encroachment into the surrounding countryside due to the incursion of built form on undeveloped land, it would conflict with point c) of paragraph 134 of the Framework. On this basis it is not considered that the proposed development would fall within exception b) of paragraph 145 of the Framework. The proposed development must therefore be considered inappropriate development in the Green Belt, which is by definition harmful to the Green Belt as set out at paragraph 143 of the Framework.

30. Whilst it is accepted that the proposed development would comprise the siting of a building to be used to facilitate some outdoor recreation in that it would serve as an outdoor activity base, it would also be used as a wedding events venue. Such a development does not fall within any of the exceptions to inappropriate development in the Green Belt set out at paragraph 145. The proposed development must therefore be considered inappropriate, which is harmful by definition, and to which substantial weight must be attached. As the proposed development would result in definitional harm to the Green Belt and other harm through encroachment there would have to be very special circumstances to justify the grant of planning permission that would outweigh this harm.

31. The Council supports new businesses where possible, both in planning terms and through its economic development team. It is considered that the proposal would bring some economic benefits to the area. Three members of staff would be employed alongside existing staff. This is given weight in the planning balance. However, case law has established (see Doncaster MBC v SoS 10/4/2002) that if there is a possibility that very Agenda Page 92 Agenda Item 3g

special circumstances could be replicated, leading to a number of permissions that would in turn degrade a stretch of green belt, this may be a potent reason for rejecting them. It is considered that the very special circumstances which are based on the diversification of an existing business could easily be replicated. Unfortunately, therefore, the circumstances advanced in support of the proposed development are not considered, either individually or when considered together, to amount to very special circumstances that would outweigh the harm to the Green Belt.

Impact on the character and appearance of the locality 32. Policy BNE1 of the Chorley Local Plan 2012 – 2026 states that planning permission will be granted for new development, including extensions, conversions and free standing structures, provided that the proposal does not have a significantly detrimental impact on the surrounding area by virtue of its density, siting, layout, building to plot ratio, height, scale and massing, design, orientation and use of materials.

33. The proposed tipi would be located approximately 125m to the north east of Bolton Road and the site slopes down gently in a south west to north east direction. Whilst the proposed structure would be relatively large and, therefore, partly visible from the public vantage points located along Bolton Road, it is not considered that it would be a highly visible or visually discordant feature when viewed from these points. The visual impact would be mitigated by the separation distance to the public highway, the sloping topography of the site and several mature trees that sit between the site and the public highway.

34. The Leeds and Liverpool canal is located approximately 90m to the north east of the site. Intervisibility between the proposed development and public vantage points located at the canal would be restricted by the dense and mature trees and vegetation, which lie between the north east site boundary and the canal. Whilst the character of the immediate locality is predominantly open and rural in character, there are examples of built development in relatively close proximity to the site including canal moorings and the remnants of ‘The Boatyard Inn’, which lies approximately 170m to the north west of the site. There is also a cluster of residential properties to the south west of the site. The tipi would not, therefore appear out of character with the context of the immediate locality where there are several examples of built development, a public highway and the Leeds and Liverpool Canal. This does not, however, counteract the impact on the openness of the Green Belt discussed above.

Impact on the amenity of neighbouring occupiers 35. Policy BNE1 of the Chorley Local Plan 2012 – 2026 states that the development should not cause harm to any neighbouring property by virtue of overlooking, overshadowing or by creating overbearing impacts.

36. The proposal to host weddings has the potential to impact on residential amenity through noise and disturbance. However, the nearest residential property to the application site ‘Quarry Barn’ is located approximately 180m to the south west of the application site. A small cluster of residential properties are located to the rear of this property. A detached residential property – ‘Riley Green House’, is located approximately 250m to the north west of the site. It is considered that such separation would be more than sufficient to ensure that there would not be any unacceptable adverse impact on the amenity of the occupiers of these residential properties as a result of noise or any other impact.

37. The Council’s Environmental Health Officer has raised no objections to the proposed development and has stated that the applicant has provided sufficiently detailed documentation, evidence and mitigation proposals to demonstrate that the proposed development would not result in an adverse impact on the nearby residential properties. This, however, would only be the case if the development would involve the installation of a sound limiting device set at 85dB(A). This mitigation measure would normally be secured by the imposition of a planning condition.

38. The Council’s Environmental Health Officer has also stated that it is understood that the tipi has previously been erected and used for outdoor activities, including events where live Agenda Page 93 Agenda Item 3g

and/or amplified music has occurred, and there have been no previous complaints received by the Council’s Environmental Health department. The council’s Environmental Health Officer confirmed that he has no objections to the proposed development. Given that there are no neighbouring residential properties located in close proximity to the application site, it is not considered that there would be any other impacts on the amenity of neighbouring occupiers.

Highway safety 39. Policy BNE1 of The Chorley Local Plan 2012 – 2026 states that planning permission will be granted for new development, including extensions, conversions and free-standing structures, provided that, the residual cumulative highways impact of the development is not severe and it would not prejudice highway safety, pedestrian safety, the free flow of traffic, and would not reduce the number of on-site parking spaces to below the standards stated in Site Allocations Policy – Parking Standards, unless there are other material considerations which justify the reduction.

40. The application site would be accessed from the A675 Bolton Road using an access point approved under planning application 15/00528/FULMAJ. This scheme involves the extension of the Riley Green marina through the creation of new pontoons to create 22 new boat berths as well as a new site access and the creation of a new car park to be used in conjunction with the expanded marina. At the time this application was being considered, LCC Highways stated that the visibility from the access point would be acceptable. As this is the case, it is considered that it would be acceptable for the current scheme to utilise the same access point. The main highway issue relates to the provision of on-site car parking spaces.

41. LCC Highways have confirmed that the proposed development would be acceptable in principle from a highway safety perspective although they stated that new and additional on- site car parking spaces would be required to serve the extra numbers of vehicles, which would access the site.

42. On-site car parking was one of the key considerations for the development approved under application 15/00528/FULMAJ and the parking arrangements for this scheme were deemed to be acceptable based on a very precise calculation of the number of spaces that would be required for a canal/marina development. Indeed, the applicant provided justification for the level of parking proposed under this application, by submitting a survey of eight other canal marina facilities in Lancashire where the average parking at other marinas was equivalent to 0.8 spaces per birth.

43. Based on this information, a car park providing spaces for 23 cars was considered to be acceptable for the marina development, which included the provision of 22 moorings. This did not, however, consider any potential for future development or expansion of activities at the site and the number of spaces was justified on the basis that they would serve the development to expand the marina and not future development that would generate demand for increased on-site car parking in its own right.

44. The applicant has stated that this car park would now be for the sole use of the proposed development subject of this application and would not be used for the development at the marina. The current scheme also proposes an additional 6no. car parking spaces and 2no. spaces for minibuses, although the applicant claims the existing car park can be marked out safely to accommodate 35 cars. LCC Highways have stated that they do not have any objections to the proposed development subject to a condition requiring that the marina development is not fully progressed in order to allow the car park to be used solely for the development subject of this application.

45. It is not considered, however, that it would be possible to control the progress of the development of the marina through a planning condition or impose a condition requiring the car park to be used solely for the current development. Such conditions would not comply with the tests for planning conditions detailed at paragraph 55 of the Framework which states that “planning conditions should be kept to a minimum and only imposed where they Agenda Page 94 Agenda Item 3g

are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects”.

46. Whilst the applicant has stated that they are not looking at progressing the marina development at the moment, on a visit of the site it was observed that works to erect the facilities building approved under planning application 15/00528/FULMAJ have commenced and the applicant has not confirmed that it is no longer their intention to progress the marina development at some point in the future. Furthermore, it would not be possible to enforce a planning condition which would restrict the progress of the marina development.

47. It is noted that the applicant has stated that 35 spaces could be provided, however, no plans showing this level of parking provision have been provided and only 6no. additional spaces are now proposed as well as 2no. minibus spaces. It is not considered that this would be a sufficient level of on-site parking provision relative to the size and scale of the building proposed. Furthermore, it would not be possible to control through a planning condition, the means and methods by which groups or individuals would travel to the site and the applicant would not be able to prevent people from attending the venue arriving in their own vehicle.

48. It is acknowledged that the proposed development would not provide an adequate level of on-site car parking provision to support the activities that are now proposed together with that required by the previously approved scheme when implemented in full. The imposition of a condition cannot prevent the marina from being built and the applicant has not indicated that they would enter into a legal agreement not to complete it. Indeed, it is understood that it is still the applicant’s intention to complete the marina at some point in the future given that the planning permission will remain extant following the construction of the facilities building. However, in the absence of any objections from LCC Highways, it is not considered that refusal of the application could be sustained on highway safety grounds despite the lack of on-site car parking provision. Therefore, should Members be minded to approve the application, consideration should be given to whether a legal agreement is necessary whereby the applicant undertakes not to implement the marina.

Ecology and trees 49. A large number of mature trees are located around the site including a series of hawthorn, oak and holly trees protected by a Tree Preservation Order (TPO no.7 (Withnell) 1981), however the proposed tipi would be too far distant from these trees to have any impact on them.

50. The Greater Manchester Ecology Unit (GMEU), the council’s ecology advisor, has not raised any objections to the proposed development. They have, however, stated that bats are likely to use the surrounding trees on site and the canal for commuting and foraging. It is, therefore, recommended that any lighting during construction and post development should be away from any of the surrounding trees and canal. This could be controlled through the imposition of a condition. The council’s Tree Officer has not raised any objections to the proposed development.

CONCLUSION

51. The proposed development would not benefit from any of the exceptions listed at paragraph 145 of the Framework and there would be other harm through encroachment. It, therefore, constitutes inappropriate development which is by definition harmful to the Green Belt as set out at paragraph 143 of the Framework. The proposal is, therefore, contrary to the National Planning Policy Framework.

RELEVANT HISTORY OF THE SITE

Ref: 07/00794/FUL Decision: PERFPP Decision Date: 19 October 2007 Description: Additional car parking (37 spaces) with 4no. lighting columns.

Ref: 15/00528/FULMAJ Decision: PERFPP Decision Date: 30 September 2015 Description: Extension to existing marina by connecting it to the existing disused flooded quarry Agenda Page 95 Agenda Item 3g

(known as the Shale Hole), new set of pontoons to create up to 22 new boat berths, new access and access track from Bolton Road, creation of new car park and new facilities building.

Ref: 18/00386/DIS Decision: REDISZ Decision Date: 8 August 2018 Description: Application to discharge conditions 5 (details of isolation structure of marina), 10 (biodiversity enhancement) and 11 (lighting scheme) of planning permission 15/00528/FULMAJ (Extension to existing marina by connecting it to the existing disused flooded quarry (known as the Shale Hole), new set of pontoons to create up to 22 new boat berths, new access and access track from Bolton Road, creation of new car park and new facilities building).

Ref: 18/00446/FULMAJ Decision: PERFPP Decision Date: 10 August 2018 Description: Section 73 application to vary condition 3 (approved plans) attached to planning approval 15/00528/FULMAJ to reposition the shop and office building.

RELEVANT POLICIES: In accordance with s.38 (6) Planning and Compulsory Purchase Act (2004), the application is to be determined in accordance with the development plan (the Central Lancashire Core Strategy, the Adopted Chorley Local Plan 2012-2026 and adopted Supplementary Planning Guidance), unless material considerations indicate otherwise. Consideration of the proposal has had regard to guidance contained within the National Planning Policy Framework (the Framework) and the development plan. The specific policies/ guidance considerations are contained within the body of the report. This page is intentionally left blank Agenda Page 97 Agenda Item 3g This page is intentionally left blank Agenda Page 99 Agenda Item 3i

APPLICATION REPORT – 19/00091/FULMAJ

Validation Date: 6 February 2019

Ward: Chorley South East

Type of Application: Major Full Planning

Proposal: Demolition of existing building and erection of new commercial buildings

Location: Haslem Printers Ltd Standish Street Chorley PR7 3AJ

Case Officer: Mr Iain Crossland

Applicant: Mr Michael Almond

Agent: Mr Chris Weetman

Consultation expiry: 25 March 2019

Decision due by: 24 May 2019

RECOMMENDATION

1. It is recommended that planning permission is granted subject to conditions.

SITE DESCRIPTION

2. The application site comprises a vacant mill building, and associated space around it. The site is positioned on the north side of Standish Street, which is not a through road, and is located in a largely commercial area of Chorley to the south of the town centre. The subject property has a short frontage onto Standish Street close to the terminus of the street. The building is not of any particular character and is fairly unobtrusive, particularly in the context of the adjacent Standish Street Mill, which is a 5-storey former textile mill.

3. It is noted that the wider site ownership comprises the Standish Street Mill, which is a characterful building of some historic value. There is a current application that is under consideration for the conversion of this building to residential apartments.

4. The physical character of the wider area is mixed with both traditional buildings and more contemporary ones.

DESCRIPTION OF PROPOSED DEVELOPMENT

5. This application seeks planning permission for the demolition of existing buildings and erection of new commercial buildings comprising classes B1 and B8 uses.

REPRESENTATIONS

6. Representations have been received from the occupiers of one address who support the development in principle but have raised the following issues:  Concerns with regards to on street parking and vehicle conflict.  Many local workers park on Standish Street and surrounding streets.  Any temporary street closures would affect local businesses. Agenda Page 100 Agenda Item 3i

 Customer vehicles could be damaged by building and demolition works.  Noise and disruption during building works.  Possible contaminants may be released into the atmosphere.

CONSULTATIONS

7. Waste & Contaminated Land: Has no objection subject to condition.

8. Lancashire Highway Services: Have no objection subject to conditions.

9. Lead Local Flood Authority: Have no objection subject to conditions.

PLANNING CONSIDERATIONS

Principle of the development 10. The National Planning Policy Framework (The Framework) states that development proposals should be considered in the context of the presumption in favour of sustainable development. This means that development proposals that accord with the development plan should be approved without delay.

11. The application site is located in the core settlement area of Chorley close to the town centre. The Central Lancashire Core Strategy Policy 1 is concerned with locating growth and identifies Chorley Town as a Key Service Centre under criterion (b), where growth and investment should be concentrated.

12. The site is located within the core settlement area, under policy V2 of the Chorley Local Plan 2012 - 2026. Within the settlement boundary there is a presumption in favour of appropriate sustainable development, subject to material planning considerations and other policies and proposals.

13. The application site was most recently used as part of a commercial printing works, which falls to be considered as an employment use. The site is therefore defined as an employment site and must be assessed against policy 10 of the Core Strategy. This sets out that all existing employment premises and sites last used for employment will be protected for employment use. There will be a presumption that “Best Urban” and “Good Urban” sites will be retained for B use class employment use. This policy covers and protects class B1, B2 and B8 employment uses. Proposals on all employment sites/premises for re-use or redevelopment other than B use class employment uses will be assessed under criteria (a) to (f).

14. The proposed development would replace existing employment premises with new and improved employment premises of similar scale and therefore the proposed development would be in compliance with policy 10.

15. Policy EP3 of the Chorley Local Plan 2012-2026 provides guidance for the development of new business development, such as that which is proposed. This policy sets out a number of criteria to be satisfied. The most relevant criteria to this proposal are set out and assessed as follows:

16. a) they are of a scale and character that is commensurate with the size of the settlement; The development is of a scale that is commensurate with the area of the application site and scale of other nearby buildings. The scale and appearance of the units would differ between three distinct parts, however, the development would be in keeping with the character of the area given the range of buildings in the vicinity, which includes large commercial buildings of contemporary and traditional appearance.

17. b) the site is planned and laid out on a comprehensive basis; The development would form part of a wider site, part of which has been proposed for residential development under a separate application and therefore the site is laid out on a comprehensive basis. Agenda Page 101 Agenda Item 3i

18. c) the site will not prejudice future, or current economic activities within nearby areas; There is no evidence to suggest that the proposed development would prejudice future, or current economic activities within nearby areas;

19. d) the proposal will not cause unacceptable harm e.g. noise, smells to surrounding uses; The proposed development would not result in any greater impact on noise or disturbance than is currently experienced as a result of the businesses located on the wider site;

20. e) the site has an adequate access that would not create a traffic hazard or have an undue environmental impact; The existing access would be retained and unaltered.

21. f) the proposal will be served by public transport and provide pedestrian and cycle links to adjacent areas; The location is very well served by public transport as it is within walking distance of Chorley rail station and bus station and is within walking distance of a dense catchment of residents.

22. h) adequate screening is provided where necessary to any unsightly feature of the development and security fencing is located to the internal edge of any perimeter landscaping; The development is not considered to be unsightly and, therefore, screening is not considered necessary. No security fencing is proposed at this stage and therefore it is recommended that the boundary treatment details are secured by condition.

23. i) on the edges of industrial areas, where sites adjoin residential areas or open countryside, developers will be required to provide substantial peripheral landscaping; No landscaping is proposed at this stage, and it would appear that opportunities for the landscaping of the site are very limited and therefore inconsequential. The lack of any landscaping on this part of the site would not, however, result in any undue harm.

24. j) the development makes safe and convenient access provision for people with disabilities; The proposed buildings would have level or ramped access, there would be an internal lifts and the development would need to comply with DDA regulations.

25. k) the buildings are designed, laid out and landscaped to maximise the energy conservation potential of any development, and to minimise the risk of crime; The proposed building would occupy a similar footprint of the existing buildings, with the office element being to the southern portion of the site. Policy 27 of the Central Lancashire Core Strategy requires buildings to achieve a certain level of BREEAM, however given the nature of the use and the design of the building (i.e. large proportion of the building to be B8) it is not considered appropriate to apply the requirements of policy 27 in this case.

26. The proposed development is considered to be compatible with policy EP3 as a whole and would be of benefit to the site and wider area.

Impact on the conservation area and heritage assets 27. Standish Street Mill, the subject of planning application 19/00090/FULMAJ and the surviving remnant of Brunswick Mill (latterly known as Viking Mill), the subject of this application are both former cotton mills that currently carry no designation, neither local nor national. For Brunswick Mill this is no great surprise as so little of the original mill building survives. Standish Street Mill is, however, substantially complete, apart from a somewhat truncated chimney.

28. The buildings on the application site only survive as a very small fragment of the original Brunswick Mill complex. As such it is considered that there is little historic significance that can be associated with these remaining structures, and those structures that do remain have been altered to the extent that that any historical significance has been considerably eroded. Agenda Page 102 Agenda Item 3i

29. The proposed simple contemporary style of the buildings that are proposed is considered to be appropriate. They would remain subordinate in scale to the adjacent and historically significant Standish Street Mill.

30. Given the historical association of the site as part of a wider mill complex it is considered necessary to make permission conditional on an archaeological building record being undertake prior to the commencement of any works on site. It is recommended that a condition is attached to secure this.

Design and impact on the character of the area 31. The site is prominent in Standish Street and from a number of vistas beyond at Bolton Street, George Street and the town centre bypass. The scale and appearance of the units would differ between three distinct parts with a two storey office building of contemporary appearance fronting Standish Street. This element would be of similar scale to the existing building that is currently situated in this position. Attached to this would be a lower level storage building that would be less visible due to surrounding structures and beyond this a taller storage building of contemporary design typical of modern ‘self storage’ units. This taller storage building would be more visible from the adjacent Chorley Retail Park, which comprises modern units of not dissimilar style and scale such as the large Wickes unit. Other units on this site are modern but of smaller scale.

32. The proposed arrangement would be compatible with the surrounding buildings both in terms of character and scale, and would be commensurate with the area of the site. It is also considered that given the deteriorating nature of the buildings on the application site and negative impact that these have on the character of the area the proposed development would result in a positive benefit.

33. Overall the development would be in keeping with the character of the area given the range of building scales and appearance in the vicinity, which includes large commercial buildings of contemporary and traditional appearance.

Impact on neighbour amenity 34. The nearest dwellings to the application site are located on Burlington Street approximately 45m to the south of the site. These dwellings are separated from the site to such an extent that there would be no adverse impact on the occupiers of these dwellings from the proposed development.

Highway safety 35. The application site is located on the north side of Standish Street in Chorley within the commercial triangle of George Street to the north, Lyons Lane South to the east, and Bolton Street to the west. It is surrounded predominantly by car dealerships and auto repair shops The site is occupied by an existing mill building and other industrial buildings with off-street parking and has two accesses to Standish Street that are internally interlinked. The existing use of the site is stated as printworks.

36. Standish Street is not a through road and vehicular access is only from Bolton Street, but pedestrians and cyclists access the site from both Bolton Street and Lyons Lane South. The site has two accesses to Standish Street, which the applicant proposes to improve to widths of 6.0m with 3.0m corner radii as part of the proposed development. The proposed 6.0m widths are acceptable for the accesses, but the 3.0m radii would not allow smooth transition of vehicles in and out of the sites and should be increased to 6.0m to be acceptable.

37. Standish Street is a 230m long cul-de-sac with vehicle access from Bolton Street in the west. To the east, Lyons Lane South is closed to motor vehicles, but with access for pedestrians/cyclists. Standish Street has no turning facility and motorists often utilise private frontage spaces to undertake turning manoeuvres. It is an adopted highway with average carriageway width of approximately 6.0m with footways on both sides. It is subject to 30mph speed limit with 'No waiting at Anytime' restrictions on both sides of its junction with Bolton Street for 40m. From the end of the 40m, the waiting restriction extends only on the south Agenda Page 103 Agenda Item 3i

side of the street for the rest of its length. The north side, which has no waiting restrictions is always fully parked with cars thought to belong to customers and workers in the area.

38. Visibility at Bolton Street/Standish Street is good and there are two signal controlled crossings just to the north of the junction to assist pedestrians/cyclists to safely cross the road to the local ASDA Superstore and other amenities and local services.

39. The site is close to Chorley town centre with lit walkable streets and good quality footways of varying widths. Footways in the area are generally in excess of the recommended minimum width of 2.0m, but the footways on Standish Street are less than the 2.0m width with very few dropped crossings and tactile pavings.

40. There are defined on-road cycle routes within walking distance of the site to the north and south including the National Cycle Route 55 accessible via the A6. The footways on both sides of Bolton Street are shared pedestrian/cyclist routes. There are 8no bus stops within 400m walking distance from the centre of the site on Lyons Lane South, Bolton Street, George Street and Pall Mall.

41. LCC's injury accident database has been checked and it shows that there are no recorded injury accidents on Standish Street in the last 5 years, but two accidents resulting in slight casualties occurred in both directions close to Bolton Street/Standish Street.

42. The current application is one of two submitted that would lead to the site being divided into two parts following the proposed developments. The part subject to this application is edged red on the location plan and has existing industrial buildings. The proposal is to demolish the existing buildings and erect new commercial buildings comprising offices and storage units, with 18no off-street parking spaces as shown on submitted site plan

Site access: 43. The existing site as a whole has two accesses to Standish Street which are internally inter- connected, but as part of the proposed developments, the sites would be severed with individual accesses. The existing accesses are proposed to be improved to 6.0m widths with 3.0m corner radii, but as indicated above, while the 6.0m widths are acceptable, the proposed 3.0m radii should be increased to 6.0m to allow drivers to more smoothly access and egress the sites. The radius on the bend of the site access road of the current site should also be increased to 6.0m to ease manoeuvring of vehicles and swept path analysis should be provided to ensure vehicles do not overrun the footway.

44. Dropped kerbs and tactile pavings should be provided on both sides of the proposed site access for both sites to guide and alert the blind and partially sighted pedestrians of the presence of the vehicle accesses and to facilitate access for wheel/push chair users. For the same reason, dropped kerbs and tactile pavings should be provided at all vehicle entrances on Standish Street.

45. Works involving alterations to the footway at the site accesses and the installation of the dropped kerbs and tactile pavings on the entire Standish Street are to be undertaken through s278 agreement.

Internal layout / Parking: 46. The proposed layout shows that from the entrance, the 6.0m width would be maintained into the site with 18no off-street parking spaces provided, including 2no disabled spaces. This overall is 2no spaces less than required to meet Local Authority Standard, but the parking proposal is acceptable. The space within curtilage also considered adequate to allow large/heavy goods vehicles to turn on site and exit driving forward. No provisions have been made for cycle storage, motorcycle parking, and bin storage. It is therefore recommended that a condition be attached to any grant of planning permission to require these details.

Sustainability/Accessibility by non-car modes. 47. The site is well served by public transport with acceptable service frequencies. The bus stops are well within the preferred maximum walking distance of the site with the routes Agenda Page 104 Agenda Item 3i

served by good quality footways with recent physical improvements to disability friendly standards except two bus stops on Lyons Lane South (in both directions of Goring Street), which would need to be secured by LCC through a s278 agreement.

Mitigation measures 48. To help address the transport issues that have arisen in relation to the proposed development, it is considered improvements should be carried out to the two existing bus stops on Lyons Lane South near Lyons Lane South/Goring Street. The improvements should be disability compliant with the provision of raised boarding platforms and kerbs, new bus stop bays and associated carriageway and worded markings, clearways and all necessary signage and a new shelter for the bus stop on the northbound lane.

49. Where developments are proposed, the Framework requires appropriate opportunities to promote sustainable transport modes to be taken up, giving priority first to pedestrian and cycle movements, both within the scheme and with neighbouring areas; and second – so far as possible – to facilitating access to high quality public transport and with appropriate facilities that encourage public transport use. The Framework also stresses the need for proposed developments to also address the needs of people with disabilities and reduced mobility in relation to all modes of transport. As indicated earlier, these two bus stops are within 400m walking distance of the site, but do not comply with the regulations regarding use by the disabled. Hence the need for the improvements.

50. As indicated above, dropped kerbs and tactile pavings are to be installed at all vehicle entrances on Standish Street for its entire length. Apart from being directly related to the proposed development, the mitigation measures are considered fairly and reasonably related in scale and kind to the development and are necessary to make the development acceptable. It is therefore important the measures are delivered.

51. Improvements to the bus stops, provision of dropped kerbs and tactile pavings on Standish Lane and alterations to the site accesses constitute works within the highway and as such would be undertaken through s278 agreement with all costs borne by the applicant.

52. The proposed development is likely to have an effect on the local highway network during construction phase. Therefore, in line with the suggested condition below, prior to any works commencing on site, the applicant should submit a Construction Traffic Management Plan. The Plan should contain information on the number of vehicle trips, hours of operation and suitable means of mitigation of negative impacts. The Plan should also provide details to better manage all types of HGV movements to and from the sites and should identify where safe and legal loading can take place and should provide details of how deliveries are to be proactively managed to reduce the number of vehicle movements to and from the sites.

Employment skills 53. The Central Lancashire Employment Skills Supplementary Planning Document (SPD) was adopted in September 2017. The SPD introduces Employment Skills Statements and provides clarity as to how this requirement relates to the relevant policies set out in the Core Strategy and Local Plan as well as the guidance set out in the Framework. The SPD goes on to state that one of Central Lancashire’s priorities is to encourage economic growth within Central Lancashire that benefits the people and businesses in the three boroughs. The SPD seeks to;

 Increase employment opportunities by helping local businesses to improve, grow and take on more staff  help businesses to find suitable staff and suppliers, especially local ones  improve the skills of local people to enable them to take advantage of the resulting employment opportunities  help businesses already located in Central Lancashire to grow and attract new businesses into the area

54. The SPD requires development over certain thresholds to be accompanied by an Employment and Skills Statement to ensure the right skills and employment opportunities Agenda Page 105 Agenda Item 3i

are provided at the right time. This is to the benefit of both the developer and local population and covers the following areas:

 Creation of apprenticeships/new entrants/graduates/traineeships  Recruitment through Job Hub and Jobcentre plus and other local employment vehicles.  Work trials and interview guarantees  Vocational training (NVQ)  Work experience (14-16 years, 16-19 years and 19+ years) (5 working days minimum)  Links with schools, colleges and university  Use of local suppliers  Supervisor Training  Management and Leadership Training  In house training schemes  Construction Skills Certification Scheme (CSCS) Cards  Support with transport, childcare and work equipment  Community based projects

55. Section 7 of the ES assesses the potential socio-economic impacts of the development including;

 The potential effects of the proposed development arising through construction, eg the temporary construction employment associated with the proposed development of new employment floorspace.  The potential effects of the proposed development arising through new employment from the development (e.g. the permanent jobs supported once the development is complete and occupied).

56. The measures indicated in the Employment Skills Statement can be secured via a planning condition, and it is recommended that a condition requiring an employment and skills plan is attached to any grant of planning permission.

Community Infrastructure Levy (CIL) 57. The Chorley CIL Infrastructure Charging Schedule provides a specific amount for development. The CIL Charging Schedule was adopted on 16 July 2013 and charging commenced on 1 September 2013. This development is subject to the CIL Charge for industrial and office units as listed in Chorley Councils CIL Charging Schedule, which is currently £0 per square metre.

Other matters 58. Concerns with regards to on street parking and vehicle conflict: Although it is recognised that staff and customers of local businesses currently park on Standish Street the availability of on street car parking is a benefit, which cannot be guaranteed and as such cannot be protected in relation to an application for planning permission.

59. Any temporary street closures would affect local businesses: It is not known at this stage whether any road closures would be necessary as this does not form part of any planning assessment.

60. Noise and disruption during building works: Noise and disruption is an inevitable consequence of any development activities. It is, however, recommended that given the scale of the proposed development and proximity of surrounding businesses a construction method statement and management plan should be secured by condition.

61. Customer vehicles could be damaged by building and demolition works: Any damage to vehicles or property is a matter that can only be addressed at the time such damage may occur and is the private responsibility of the parties involved. The construction method statement and management plan should help to alleviate the potential for damage to surrounding property. Agenda Page 106 Agenda Item 3i

CONCLUSION

62. The proposed development is considered to be acceptable in principle. There would be no unacceptable detrimental impact on the character of the area or the amenity of neighbouring occupiers. In addition it is considered that the impact on the adjacent building as a non- designated heritage asset is acceptable. In addition to this it is considered that there is adequate parking given the sustainable nature of the location. On the basis of the above assessment it is recommended that planning permission be granted subject to conditions

RELEVANT HISTORY OF THE SITE

Ref: 91/00879/FUL Decision: PERFPP Decision Date: 10 December 1991 Description: Erection of antennae and microwave dishes on roof tower

Ref: 77/00432/FUL Decision: REFFPP Decision Date: 23 August 1977 Description: Office accommodation on first floor

Ref: 76/00551/FUL Decision: PERFPP Decision Date: 24 August 1976 Description: Single storey building for manufacture of rainwear

Ref: 00/00423/TEL Decision: PAATEL Decision Date: 27 June 2000 Description: Notification of siting of 2 new 600mm microwave dishes on new poles, 4 LNA's on pole,2 dual band dual polar antennae on new poles, 2 dual band dual polar antennae on new longer poles to replace existing,

Ref: 01/00472/FUL Decision: PERFPP Decision Date: 24 July 2001 Description: Installation of telecommunications equipment to include 6 wall mounted antennae, steel supports, 1 equipment cabin (internal), 2 dishes and associated equipment,

Ref: 02/00554/FUL Decision: PERFPP Decision Date: 8 August 2002 Description: Erection of equipment cabin on platform above existing store buildings,

Ref: 98/00867/TEL Decision: PANRQDecision Date: 14 January 1999 Description: Prior notification of installation of 3 dual polar, pole mounted antenna and 4 pole mounted microwave dishes,

Ref: 19/00090/FULMAJ Decision: PCO Decision Date: Description: Change of use from former 'printworks' to 48 residential apartments, including partial demolition and rebuilding of mill.

Ref: 19/00317/NOT Decision: PERTEL Decision Date: 14 May 2019 Description: Notice of intention to install 3 no. antennas on roof.

RELEVANT POLICIES: In accordance with s.38 (6) Planning and Compulsory Purchase Act (2004), the application is to be determined in accordance with the development plan (the Central Lancashire Core Strategy, the Adopted Chorley Local Plan 2012-2026 and adopted Supplementary Planning Guidance), unless material considerations indicate otherwise. Consideration of the proposal has had regard to guidance contained within the National Planning Policy Framework (the Framework) and the development plan. The specific policies/ guidance considerations are contained within the body of the report.

Suggested Conditions

No. Condition 1. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004. Agenda Page 107 Agenda Item 3i

2. The development hereby permitted shall be carried out in accordance with the following approved plans:

Title Drawing Received date Reference Location plan 18046-052 01 February 2019 Proposed site plan 18046-299 01 February 2019 Proposed elevations 18046-300 01 February 2019 Proposed plans 18046-301 01 February 2019 Proposed plans and sections 18046-302 01 February 2019

Reason: For the avoidance of doubt and in the interests of proper planning.

3. Prior to the commencement of development, other than demolition and enabling works, samples of all external facing and roofing materials (notwithstanding any details shown on previously submitted plan(s) and specification) shall be submitted to and approved in writing by the Local Planning Authority. All works shall be undertaken strictly in accordance with the details as approved.

Reason: To ensure that the materials used are visually appropriate to the locality.

4. Prior to the commencement of development, other than demolition and enabling works, full details of the alignment, height and appearance of all fences and walls to be erected to the site boundaries (notwithstanding any such detail shown on previously submitted plan(s)) shall have been submitted to and approved in writing by the Local Planning Authority. No part of the building hereby approved shall be occupied before all walls and fences have been erected in accordance with the approved details. Fences and walls shall thereafter be retained in accordance with the approved details at all times.

Reason: To ensure a visually satisfactory form of development and to protect the amenities of occupiers of nearby property.

5. Prior to the commencement of development, other than demolition and enabling works, an Employment and Skills Plan that is tailored to the development and will set out the employment skills opportunities for the construction phase of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the Employment and Skills Plan (in the interests of delivering local employment and skills training opportunities in accordance with Core Strategy Policy 15: Skills and Economic Inclusion).

Reason: In the interests of delivering local employment and skills training opportunities as per the Central Lancashire Core Strategy Policy 15: Skills and Economic Inclusion and the Central Lancashire Employment Skills Supplementary Planning Document September 2017. No Employment and Skills Plan was submitted with the application.

6. Due to past processes and activities at or adjacent to the above site, there is a potential for ground contamination. No development shall take place, other than demolition and enabling works until: a) a methodology for investigation and assessment of ground contamination has been submitted to and agreed in writing with the Local Planning Authority. The investigation and assessment shall be carried in accordance with current best practice including British Standard 10175:2011 ‘Investigation of potentially contaminated sites - Code of Practice’. The objectives of the investigation shall be, but not limited to, identifying the type(s), nature and extent of contamination present to the site, risks to receptors and potential for migration within and beyond the site boundary; Agenda Page 108 Agenda Item 3i

b) all testing specified in the approved scheme (submitted under a) and the results of the investigation and risk assessment, together with remediation proposals to render the site capable of development have been submitted to the Local Planning Authority; c) the Local Planning Authority has given written approval to any remediation proposals (submitted under b), which shall include an implementation timetable and monitoring proposals. Upon completion of remediation works a validation report containing any validation sampling results shall be submitted to the Local Authority. Thereafter, the development shall only be carried out in full accordance with the approved remediation proposals. Should, during the course of the development, any contaminated material other than that referred to in the investigation and risk assessment report and identified for treatment in the remediation proposals be discovered, then the development should cease until such time as further remediation proposals have been submitted to and approved in writing by the Local Planning Authority.

Reason: Please note it is the applicant’s responsibility to properly address any land contamination issues, to ensure the site is suitable for the proposed end-use, in accordance with Paragraph 121 of the National Planning Policy Framework (DCLG, 2012).

7. The premises hereby approved shall be used for no purpose other than those in Class B1 and B8 of the Town and Country Planning (Use Classes) Order 1987 (as amended).

Reason: To define the permission and in the interests of maintaining neighbour amenity.

8. Prior to the commencement of development, other than demolition and enabling works, a scheme for the construction of the site access and the off-site works of highway improvement shall have been submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority.

Reason: In order to satisfy the Local Planning Authority and Highway Authority that the final details of the highway scheme/works are acceptable before work commences on site.

9. No part of the development hereby approved shall be occupied or opened for trading until the approved scheme for the construction of the site access and the off-site works of highway improvement has been constructed and completed in accordance with the scheme details.

Reason: In order that the traffic generated by the development does not exacerbate unsatisfactory highway conditions in advance of the completion of the highway scheme/works.

10. The parking and associated manoeuvring facilities detailed on plan reference 18046-299, received on 01 February 2019, and identified as ‘Proposed Site Plan’ shall be made available in accordance with the approved plan prior to the first occupation of the development hereby permitted and shall be retained at all times thereafter specifically for this purpose.

Reason: To ensure the provision of adequate car parking on site and in the interest of highway safety.

11. Prior to the commencement of development, including demolition, a Construction Traffic Management Plan (CTMA) shall be submitted to and approved in writing by the Local Planning Authority (in conjunction with the highway authority). The CTMA to include the following provisions:- Agenda Page 109 Agenda Item 3i

a) The parking of vehicles of site operatives and visitors; b) Loading and unloading of plant and materials used in the construction of the development; c) Storage of such plant and materials; d) Wheel washing and road sweeping facilities, including details of how, when and where the facilities are to be used; e) Periods when plant and materials trips should not be made to and from the site (mainly peak hours but the developer to identify times when trips of this nature should not be made) f) Routes to be used by vehicles carrying plant and materials to and from the site; g) Measures to ensure that construction and delivery vehicles do not impede access to adjoining properties.

Reasons: to protect existing road users and to maintain the operation and safety of the local highway network and to minimise the impact of the construction works on the local highway network.

12. Prior to the commencement of development, other than demolition and enabling works, details of the design, based on sustainable drainage principles, and implementation of an appropriate surface water sustainable drainage scheme shall be submitted to and approved in writing by the Local Planning Authority.

Those details shall include, as a minimum: a) Information about the lifetime of the development, design storm period and intensity (1 in 30 & 1 in 100 year + allowance for climate change see EA advice Flood risk assessments: climate change allowances’), discharge rates and volumes (both pre and post development), temporary storage facilities, the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters, including watercourses, and details of floor levels in AOD; b) In accordance standard S3 and S5 of the Non-statutory technical standards for sustainable drainage systems 2015, the drainage strategy should demonstrate that the surface water run-off must be as close as reasonable practicable to greenfield runoff rate from the development. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. c) A plan showing flood water exceedance routes, both on and off site; d) A timetable for implementation, including phasing as applicable; e) Evidence of an assessment of the site conditions to include site investigation and test results to confirm infiltrations rates; f) Details of water quality controls, where applicable. The scheme shall be implemented in accordance with the approved details prior to first occupation of any of the approved dwellings, or completion of the development, whichever is the sooner. Thereafter the drainage system shall be retained, managed and maintained in accordance with the approved details.

Reasons: 1. To ensure that the proposed development can be adequately drained. 2. To ensure that there is no flood risk on or off the site resulting from the proposed Development.

13. Prior to the commencement of development, other than demolition and enabling works, details of an appropriate management and maintenance plan for the sustainable drainage system for the lifetime of the development shall be submitted to and approved in writing by the Local Planning Authority, which, as a minimum, shall include: a) The arrangements for adoption by an appropriate public body or statutory undertaker, management and maintenance by Management Company b) Arrangements concerning appropriate funding mechanisms for its on-going Agenda Page 110 Agenda Item 3i

maintenance of all elements of the sustainable drainage system (including mechanical components) and will include elements such as: i. on-going inspections relating to performance and asset condition assessments ii. operation costs for regular maintenance, remedial works and irregular maintenance caused by less sustainable limited life assets or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime; c) Means of access for maintenance and easements where applicable. The plan shall be implemented in accordance with the approved details prior to first occupation of any of the approved dwellings, or completion of the development, whichever is the sooner. Thereafter the sustainable drainage system shall be managed and maintained in accordance with the approved details.

Reasons: 1. To ensure that appropriate and sufficient funding and maintenance mechanisms are put in place for the lifetime of the development. 2. To reduce the flood risk to the development as a result of inadequate maintenance. 3. To identify the responsible organisation/body/company/undertaker for the sustainable drainage system.

14. No works shall take place until the applicant, or their agent or successors in title, have secured the implementation of a programme of building recording and analysis. This must be carried out by a professionally qualified archaeological/building recording consultant or organisation in accordance with a written scheme of investigation which shall first have been submitted to and agreed in writing by the Local Planning Authority (Chorley Council). Upon completion of the programme of building recording and analysis it shall be submitted to the Local Planning Authority.

Reason: To ensure and safeguard the recording and inspection of matters of archaeological/historic importance associated with the building.

15. Prior to the commencement of development, other than demolition and enabling works details of bin storage and secured cycle storage shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the first occupation/use of the development. The facilities shall be retained at all times thereafter.

Reason: To encourage sustainable transport modes and to ensure a visually satisfactory form of development. PLAN DESIGN GO LTD ARCHITECTURAL DESIGN SERVICES

NORTH COPYRIGHT: THIS DRAWING IS THE SOLE COPYRIGHT OF PLAN DESIGN GO LTD AND REPRODUCTION IN ANY FORM IS FORBIDDEN UNLESS PERMISSION IS OBTAINED IN WRITING. DO NOT SCALE FROM THIS DRAWING ANY DISCREPANCIES ON SITE SHOULD BE BROUGHT TO THE ATTENTION OF PLAN DESIGN GO LTD. WORK AND MATERIALS MUST COMPLY WITH THE CURRENT BUILDING REGULATIONS AND CODES OF PRACTICE AND BE READ IN CONJUNCTION WITH BUILDING SPECIFICATIONS AND OTHER SUB CONTRACTORS INFORMATION

SITE Agenda Page 111

REVISIONS:

DRAWING TITLE: Site Location Plan

PROJECT DESCRIPTION: Agenda Item 3i Proposed Commercial Development

PROJECT ADDRESS: Standish Street - Chorley PLANNING DRAWING

PLAN DESIGN GO LTD ARCHITECTURAL DESIGN SERVICES

PRIESTLEY HOUSE - 170 ELLAND ROAD LEEDS - WEST YORKSHIRE - LS11 8BU 0113 467 6001 www.plan-design-go.co.uk

DATE:Jan 2019 SCALE:1:1250 @ A3 DWG NO:18046-052 This page is intentionally left blank Agenda Page 113 Agenda Item 3j

APPLICATION REPORT – 19/00214/FUL

Validation Date: 12 March 2019

Ward: Eccleston And Mawdesley

Type of Application: Full Planning

Proposal: Demolition of existing livery stables and associated outbuildings and erection of three dwellings and new livery stables

Location: Church Farm Livery Stables High Street Mawdesley Ormskirk L40 3TD

Case Officer: Caron Taylor

Applicant: Mr Andrew Millan

Agent: Mr Chris Weetman

Consultation expiry: 5 April 2019

Decision due by: 24 May 2019

RECOMMENDATION

1. It is recommended the application is approved subject to conditions.

SITE DESCRIPTION

2. Church Farm is a livery and stabling operation that is located in the Green Belt off High Street, Mawdesley. The livery stables are currently located to the rear of the main house, Church Farm, which has a planning condition linking its occupation to the use of the stables and yard.

DESCRIPTION OF PROPOSED DEVELOPMENT

3. Planning permission is sought for the demolition of the existing livery stables and associated outbuildings and erection of three dwellings and new livery stables.

REPRESENTATIONS

4. No representations have been received.

CONSULTATIONS

5. Lancashire Highway Services - See body of report.

6. Greater Manchester Ecology Unit - See body of report.

7. Mawdesley Parish Council - No comments have been received.

8. CIL Officers – Comment that the proposed development is CIL liable.

Agenda Page 114 Agenda Item 3j

PLANNING CONSIDERATIONS

Principle of development

9. The site is located in the Green Belt. The National Planning Policy Framework (The Framework) states that a local planning authority should regard the construction of new buildings as inappropriate in the Green Belt. Exceptions to this are: a) buildings for agriculture and forestry; b) the provision of appropriate facilities (in connection with the existing use of land or a change of use) for outdoor sport, outdoor recreation, cemeteries and burial grounds and allotments; as long as the facilities preserve the openness of the Green Belt and do not conflict with the purposes of including land within it; c) the extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building; d) the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces; e) limited infilling in villages; f) limited affordable housing for local community needs under policies set out in the development plan (including policies for rural exception sites); and g) limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings), which would: – not have a greater impact on the openness of the Green Belt than the existing development; or – not cause substantial harm to the openness of the Green Belt, where the development would re-use previously developed land and contribute to meeting an identified affordable housing need within the area of the local planning authority.

10. The site is an equestrian use which falls to be previously developed land under the definition in Annex 2 of the Framework.

11. The proposal, therefore, falls to be considered under criterion g):

limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings), which would: – not have a greater impact on the openness of the Green Belt than the existing development

12. An assessment, therefore, needs to be undertaken as to whether the proposed development would have a greater impact on the openness of the Green Belt than the existing development.

13. The volume of the existing and proposed buildings on the site are approximately the same as at present, however as well as the spatial impact, the visual impact of a development must also be considered when assessing whether the openness of the Green Belt would be preserved.

14. Two of the dwellings proposed would be sited to the rear of the existing dwelling (this dwelling is outside the red edge of the application and to remain) on an exercise paddock, with the other on the footprint of part of the existing stables. A smaller stable block than exists at present would be erected just to the rear of where the current stables are sited.

15. Although the dwellings proposed would be two storey and more spread out across the site than the current built form, the existing site has very large areas of hardstanding covering the whole site apart from the exercise area to south west. This coupled with the mass of the existing buildings grouped tightly together but sprawling, gives an overall view of a developed site which is almost urban in nature visually. The spreading out of development on the site in the form of dwellings, even though two-storey with the introduction of generous garden for each plot it is considered will reduce the visual impact of the site on the Green Belt.

16. Although an area of parking would be provided for the stables

Agenda Page 115 Agenda Item 3j

17. It is considered that together the spatial impact in terms of volume and visual impact would not have a greater impact on the openness of the Green Belt than the existing development and the proposal is acceptable in principle.

Design

18. A smaller stable block would be associated with plot 1 and would allow the continued use of the existing manege to the north of the site. It would be set in a ‘U’ shape with 10 loose boxes, measuring 3.18m high. In terms of materials the agent has confirmed the stables would be constructed of a timber frame, with a 1m high blockwork wall between the stations, and clad in timber to present a rural look. It is considered the design and materials of the stables are acceptable and comply with the Rural Development Supplementary Planning Document.

19. The proposed dwellings are largely traditional in design being two storey set under a dual pitched roof with side full height chimney though all the properties have a two storey front gable mainly glazed, forming the focal point of the property and adding a contemporary element. Plot 1 has the addition of small front dormers in the front elevation and skylights in the roof to make use of the accommodation in the roof space.

20. The existing dwelling immediately adjacent to the application site to remain is brick under a slate pitched roof, so it is considered the proposed dwellings are in keeping with the immediate area.

Impact on neighbour amenity

21. The proposed dwellings would be set in generous plots. It is not considered that there are any issues in terms of neighbour amenity in relation to either the dwellings proposed or Church House Farm. The proposal would comply with the Council’s interface distances.

22. In terms of the stables they would be located close to the properties, particularly plot 1, but it is intended that the stables would be associated with the dwelling on plot 1. A condition is proposed to secure details of a proposed midden to ensure it is appropriately sited so as not to cause problems to the proposed dwellings.

Highway safety

23. Each dwelling would have its own access point within the site that would feed into the existing access to High Street.

24. LCC Highways state that the site currently offers livery and stabling operations and hosts regular shows and competitions. The operations attract traffic to the site and would continue to do so following the proposed development which would see the existing livery stable being replaced with a new scaled down livery stable, in addition to three, four bed dwellings. They consider that this would lead to increased trip generation of the site notwithstanding the reduction in the scale of the livery stables.

25. The site has existing hardstanding where visitor parking is accommodated for the stables, though much of this would be lost to the proposed dwellings and so LCC Highways have asked for a plan to be provided demonstrating that 40 car parking spaces can be provided (as advised in the application submission).

26. The proposed dwellings would have four bedrooms and are therefore required to have three off-road parking spaces. Each of the dwellings has a generous frontage considered sufficient to park at least three vehicles in line with the Council’s parking standards.

27. In terms of the existing access that would serve the new stables and the proposed dwellings as well as Church Farm, LCC Highways note that the piers at the ends of the side walls to the access impede sight lines when leaving the site and need to be built back in line with the back of the existing hedgerows in order for visibility to be improved. The applicant has been asked to Agenda Page 116 Agenda Item 3j

provide a site layout showing the improved sight lines and this matter will be updated on the committee addendum.

Ecology

28. The Council’s ecology advisor states that the site currently supports a range of buildings and hard standing and does not have substantive ecological value. They agree with the findings of the Ecology survey report submitted to inform the application that the buildings have low- negligible potential to support bats. They do however support nesting birds and therefore recommend that no demolition works commence during the optimum time of year for bird nesting (March to August inclusive) unless nesting birds have been shown to be absent by a suitably qualified person and that new bird nesting boxes be erected on the new buildings (the new stable block would seem the most appropriate building to accommodate the boxes). These aspects can be controlled by conditions.

29. They note that there is a pond on land immediately adjacent to the site but that there is no suitable habitat within the application boundary to support amphibians. Nevertheless, there is a small risk that amphibians could stray onto the work site during the course of any agreed construction period. A ‘Reasonable Avoidance Measures Statement’ has been proposed (in Appendix VI of the Ecology survey report). This Statement says that ‘the impact of works on adjacent habitats will be avoided by the clear demarcation of the works area’. They take this to mean that an amphibian-proof fence will be erected between the works area and the pond for the duration of any development works. They agree with this proposal as providing a proportionate response to the low risk of harm to amphibians which the scheme poses. Again, this can be controlled by a condition.

30. The Ecology report records the presence of Small Toadflax on the application site, a rare plant in Lancashire, although not nationally rare or protected. The report proposes that suitable mitigation for the loss of this plant to the scheme would be the creation of a small ‘wildflower patch’ on part of the application site. In their view this proposal would likely be unsustainable and difficult to enforce. Small toadflax is an annual plant of disturbed and bare ground, unpredictable and difficult to establish artificially. They would advise the applicant that, in an effort to conserve the plant on the site, seed should be collected from any existing plants on the site. The seed should then be sown on a suitable area once any development has been completed, perhaps on land around the new stable block. They state this is just advice and need not be set as a condition of any approval which may be granted to the scheme.

31. The proposal is therefore considered acceptable on ecological grounds subject to conditions.

Other Matters

32. It is noted that the Church Farm has a condition to the existing stables linking its occupation to the use of the stables and yard. It is not possible to remove that condition as part of this application as it is not within the boundary (red edge) of the application site.

CIL

33. The application is CIL liable as it involves the creation of three dwellings.

CONCLUSION

34. The proposal is considered subject to a satisfactory site layout being provided showing sight lines at the access and layout of parking provision for the stables. These matters will be updated on the committee addendum.

RELEVANT POLICIES: In accordance with s.38 (6) Planning and Compulsory Purchase Act (2004), the application is to be determined in accordance with the development plan (the Central Lancashire Core Strategy, the Adopted Chorley Local Plan 2012-2026 and adopted Supplementary Planning Guidance), unless material considerations indicate otherwise. Consideration of the proposal has had regard to guidance contained within the National Agenda Page 117 Agenda Item 3j

Planning Policy Framework (the Framework) and the development plan. The specific policies/ guidance considerations are contained within the body of the report.

RELEVANT HISTORY OF THE SITE

Ref: 93/00736/COU Decision: PERFPP Decision Date: 11 January 1994 Description: Change of use of redundant building to equestrian Workshop

Ref: 85/00337/FUL Decision: PERFPP Decision Date: 1 October 1985 Description: Use of caravan as office/toilet facility rear of church farm livery stables

Suggested conditions

1. The development hereby permitted shall be carried out in accordance with the approved plans below:

Reason: For the avoidance of doubt and in the interests of proper planning.

2. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004.

3. The stables hereby approved shall not be brought into use until a scheme for the containment and storage of manure has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be constructed and completed in accordance with the approved details and retained as such at all times when the stables are in use.

Reason: To prevent the pollution of the water environment.

4. Prior to any above ground works for the dwellings hereby approved, details of all external facing and roofing materials (notwithstanding any details shown on previously submitted plan(s) and specification) shall be submitted to and approved in writing by the Local Planning Authority. All works shall be undertaken strictly in accordance with the details as approved.

Reason: To ensure that the materials used are visually appropriate to the locality.

5. Surface water must drain separate from the foul and no surface water will be permitted to discharge to the foul sewerage system.

Reason: To secure proper drainage.

6. Notwithstanding any details already provided, the stables hereby permitted shall be constructed of a timber frame, with a 1m high blockwork internal wall between the stations, and clad in timber.

Reason: To ensure that the materials used are visually appropriate to the locality and to avoid the proliferation of buildings in the Green Belt for which there is not a continuing need.

7. No demolition works shall take place during the optimum time of year for bird nesting (March to August inclusive) unless nesting birds have been shown to be absent by a suitably qualified person and a report showing this submitted to the Local Planning Authority. Agenda Page 118 Agenda Item 3j

Reason: To ensure a protected species is safeguarded during the development.

8. Enhancement for nesting birds in the form of new bird nesting boxes (as detailed at Appendix III of the submitted Preliminary Ecological Appraisal Report by Tyrer Ecological Consultants Ltd issued 29th August 2018) shall be erected on the stable block hereby approved before it is brought into use.

Reason: To ensure biodiversity is enhanced.

9. The development shall be carried out in accordance with the Reasonable Avoidance Measures set out in Appendix VI of the Preliminary Ecological Appraisal Report by Tyrer Ecological Consultants Ltd survey report issued 29th August 2018. This shall include erection of an amphibian-proof fence between the works area and the pond for the duration of any development works.

Reason: To ensure Great Crested Newts are safeguarded during the development.

10. All new dwellings are required to achieve a minimum Dwelling Emission Rate of 19% above 2013 Building Regulations.

Reason: Policy 27 of the Adopted Central Lancashire Core Strategy requires new dwellings to be built to Code for Sustainable Homes Level 4 however following the Deregulation Bill 2015 receiving Royal Ascent it is no longer possible to set conditions with requirements above a Code Level 4 equivalent. However as Policy 27 is an adopted Policy it is still possible to secure energy efficiency reduction as part of new residential schemes in the interests of minimising the environmental impact of the development.

11. No dwelling hereby approved shall be occupied until a SAP assessment (Standard Assessment Procedure), or other alternative proof of compliance (which has been previously agreed in writing by the Local Planning Authority) such as an Energy Performance Certificate, has been submitted to and approved in writing by the Local Planning Authority demonstrating that the dwelling has achieved the required Dwelling Emission Rate.

Reason: Policy 27 of the Adopted Central Lancashire Core Strategy requires new dwellings to be built to Code for Sustainable Homes Level 4 however following the Deregulation Bill 2015 receiving Royal Ascent it is no longer possible to set conditions with requirements above a Code Level 4 equivalent. However as Policy 27 is an adopted Policy it is still possible to secure energy efficiency reductions as part of new residential schemes in the interests of minimising the environmental impact of the development.

12. Prior to construction of the dwellings hereby permitted details shall be submitted to and approved in writing by the Local Planning Authority demonstrating that each dwelling will meet the required Dwelling Emission Rate. The development thereafter shall be completed in accordance with the approved details.

Reason: Policy 27 of the Adopted Central Lancashire Core Strategy requires new dwellings to be built to Code for Sustainable Homes Level 4 however following the Deregulation Bill 2015 receiving Royal Ascent it is no longer possible to set conditions with requirements above a Code Level 4 equivalent. However as Policy 27 is an adopted Policy it is still possible to secure energy efficiency reductions as part of new residential schemes in the interests of minimising the environmental impact of the development. This needs to be provided prior to the commencement so is can be assured that the design meets the required dwelling emission rate.

13. Before any above ground works to construct the dwellings hereby approved, full details of existing and proposed ground levels and proposed building finished floor levels (all relative to ground levels adjoining the site) shall have been submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail shown on previously submitted plan(s). The development shall be carried out strictly in conformity with the approved details.

Agenda Page 119 Agenda Item 3j

Reason: To protect the appearance of the locality and in the interests of the amenities of local residents. This page is intentionally left blank Agenda Page 121 Agenda Item 3j This page is intentionally left blank Agenda Page 123 Agenda Item 3k

APPLICATION REPORT – 19/00220/FULMAJ

Validation Date: 13 March 2019

Ward: Brindle And Hoghton

Type of Application: Major Full Planning

Proposal: Erection of industrial building

Location: Unit 1 Brindle Mill Bournes Row Brindle Chorley PR5 0DR

Case Officer: Amy Aspinall

Applicant: Mrs J Corner

Agent: Mr R Maudsley

Consultation expiry: 15 May 2019

Decision due by: 12 June 2019

RECOMMENDATION

1. It is recommended that the application is approved, subject to conditions.

SITE DESCRIPTION

2. The application site is comprised of part of Brindle Mill industrial estate which is occupied by various industrial uses. The application site (as defined by the red edge) previously housed a mill which was subject to a fire and had to be demolished due to being structurally unsafe. This building housed workshop and storage facilities, office space and meeting space.

3. The site is accessed via Bournes Row and falls wholly within the settlement boundary of Gregson Lane, as defined by the Chorley Local Plan Policies Map.

DESCRIPTION OF PROPOSED DEVELOPMENT

4. The application seeks full planning permission for the erection of an industrial building with mixed Class B uses (B1, B2 and B8 use).

REPRESENTATIONS

5. 2no. objections have been received. These are available to view on the Council’s website and are summarised below:  Comment is made that the application is refused  Traffic pressures / impact on highways safety and parking  Current impact of traffic going to and from the mill in terms of noise, disturbance and reduced privacy for residents  Impact on character of the rural area, increasingly becoming an industrial estate  Buildings at Brindle Mill need to move to an industrial estate, not a rural residential area.  The construction of such a building in this area is not conducive to the quality of life for residents and pupils attending the two schools on Bournes Row Agenda Page 124 Agenda Item 3k

 Additional industrial constructions will negatively affect the stress and mental health of residents.

CONSULTATIONS

Lancashire Highway Services: Have no objection.

Regulatory Services - Environmental Health: Have no objection.

Brindle Parish Council: Have commented that the: ‘this is an overdevelopment of the site. It should be resisted on traffic grounds as this proposal will lead to increased traffic on what is a basically residential area. There would a detrimental effect on the two schools on Bournes Row’.

United Utilities: Have no objection and recommend drainage condition.

PLANNING CONSIDERATIONS

Principle of development

6. The National Planning Policy Framework at paragraph 80 states that planning policies and decisions should help create the conditions in which businesses can invest, expand and adapt. It also provides that significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development.

7. The application site is located within the settlement boundary of Gregson Lane, as defined by the Chorley Local Plan Policies Map, at the northern periphery of Chorley borough adjacent to the boundary with South Ribble. The settlement area of Gregson Lane forms part of a wider built up area extending from South Ribble borough.

8. Central Lancashire Core Strategy policy 1 seeks to focus growth and investment on well located brownfield sites and the Strategic Location of Preston, the Key Service Centres of Chorley and Leyland and other main urban areas in South Ribble, whilst protecting the character of suburban and rural areas. Gregson Lane falls to be considered an ‘other place’ under policy 1. The policy states that the growth and investment in other places – small villages, substantially built up frontages and Major Developed Sites – will be development that is typically small-scale and limited to appropriate infilling, conversion of buildings, and proposals to meet local need, unless there are exceptional reasons for larger scale redevelopment schemes.

9. Policy EP3 of the Chorley Local Plan 2012 – 2026 states that proposals for new business, industrial and storage and distribution uses, including extensions to existing premises, will be permitted if they satisfy the following criteria:

10.a) they are of a scale and character that is commensurate with the size of the settlement;

The proposal entails the redevelopment of part of the industrial site which was previously occupied by an industrial building. The scale and character of the proposal is consistent with the previous development and established industrial estate and commensurate with the size of the settlement.

11. b) the site is planned and laid out on a comprehensive basis;

The layout of the proposal respects the previous layout of the building which has been demolished and follows the logical pattern of the industrial estate.

12. c) the proposal will not prejudice future, or current economic activities within nearby areas; Agenda Page 125 Agenda Item 3k

There would be no conflict with this criterion.

13. d) the proposal will not cause unacceptable harm e.g. noise, smells to surrounding uses;

The proposed use is consistent with existing industrial uses within the established industrial estate. A residential dwelling is situated immediately adjacent to the site and the level of amenity afforded to this property is of a lower standard than a typical dwelling found within a residential estate, given the prevailing land uses and established relationships. Furthermore, as a building previously occupied this space, it would not be unreasonable to expect the former building to be replaced for industrial purposes. Although the proposed development would have an impact on the adjacent dwelling, it is not considered that this neighbouring dwelling would be subject to unacceptable harm in amenity terms, over and above the established situation prior to the building being demolished.

An objection has been received from the occupier of a neighbouring residential property of Bournes Row in relation to noise, disturbance and loss of privacy for residents as a result of traffic going to and from the site. It should, however, be noted that the site is an existing industrial estate and Bournes Row is the main access into the site. It is acknowledged that larger vehicles have the potential to cause a level of disturbance to properties along Bournes Row, however this is an established situation and the proposal does not result in the expansion or overall intensification of the industrial estate, but the redevelopment of part of the site with a new building, due to the previous building having been demolished as a result of fire damage. In addition, Environmental Health have assessed the application and state that they do not envisage any nuisance arising from the proposal. In the absence of an objection from Environmental Health, and having regard to the above, it is not considered that a reason for refusal on amenity grounds, in particular noise and disturbance, could be sustained.

14.e) the site has an adequate access that would not create a traffic hazard or have an undue environmental impact;

Although objections have been received which raise issues of traffic, parking and highways safety, Lancashire County Council do not raise an objection and state that they are of the opinion that the proposed development will not have a significant impact on highway safety, capacity or amenity in the immediate vicinity of the site. The proposal is therefore considered to accord with criterion (e).

15.f) the proposal will be served by public transport and provide pedestrian and cycle links to adjacent areas;

The site is situated within an area which is served by bus links to surrounding settlements such as Leyland, Bamber Bridge and Chorley. The proposal does not incorporate any additional pedestrian or cycle links, over than those currently serving the industrial estate and area.

16.g) open storage areas should be designed to minimise visual intrusion;

The proposal does not incorporate open storage.

17. h) adequate screening is provided where necessary to any unsightly feature of the development and security fencing is located to the internal edge of any perimeter landscaping;

The application indicates that 1.8 metre high fencing would be provided to the boundary with the adjacent dwellinghouse. However, no additional screening is proposed or required to screen the development. Agenda Page 126 Agenda Item 3k

18. i) on the edges of industrial areas, where sites adjoin residential areas or open countryside, developers will be required to provide substantial peripheral landscaping;

Substantial peripheral landscaping is not proposed between the site and the adjacent residential dwelling. The proposed building would have an increased set back from the common boundary than the previous building and although landscaping is not proposed, it is an improved situation over and above the previous arrangements.

19. j) the development makes safe and convenient access provision for people with disabilities;

Access to the building would be level, however the proposal does not incorporate additional disabled facilities such as disabled parking bays. Nonetheless, LCC Highways do not raise any objections in relation to lack of disabled parking bays.

20. k) the buildings are designed, laid out and landscaped to maximise the energy conservation potential of any development, and to minimise the risk of crime;

The proposed building would occupy a similar footprint of the previous building, with the office element being to the south elevation. Policy 27 of the Central Lancashire Core Strategy requires buildings to achieve a certain level of BREEAM, however given the nature of the use and the design of the building (i.e. large proportion of the building to be B2 and B8) it is not considered appropriate to apply the requirements of policy 27 in this case.

21. l) the proposal will not result in surface water, drainage or sewerage related pollution problems; and

United Utilities raise no objection to the application and a drainage scheme could be secured by way of condition, in the interests of securing proper drainage and preventing water pollution.

22. m) the proposal incorporates measures which help to prevent crime and promote community safety.

The proposed building would be situated within an established industrial estate whereby security measures are already in place. The adjacent dwelling is accessed through the site and would also provide an element of natural surveillance.

23.The proposed development is considered to be compatible with policy EP3 of the Chorley Local Plan 2012 – 2026 as a whole.

24.In line with policy 1 of the Central Lancashire Core Strategy, exceptional reasons are required for larger scale redevelopment schemes. As the proposal is major development, exceptional reasons are required to justify the proposed development, in line with policy 1 of the Central Lancashire Core Strategy.

25.The applicant has advanced the following as exceptional reasons:

- The proposal retains and expands a well-established local business and employer. The new building will facilitate this and subsequent businesses / occupiers to expand and provide further employment as part of an established industrial use linked to the existing site. - The proposal is a development of a brownfield site within an established employment site. - Prior to the fire in January 2018, there was a substantial industrial building of similar scale and position to the proposal which was required to be demolished. The office and industrial use is directly reflected in the proposal. - Access and land use is maintained and enhanced through this proposal.

26.The site is part of an established industrial estate, which provides employment and supports the economy. The site previously housed an industrial building, but this was subject to fire Agenda Page 127 Agenda Item 3k

damage and subsequently demolished. The application seeks planning permission for a modern industrial building to accommodate an existing business which currently operates from the site and would result in significant investment in a local business. The proposal is large scale due the amount of floorspace and nature of the proposed use which incorporates storage and distribution, however it is of a scale which is commensurate with established uses which have, and which continue to operate from the estate. Significant weight is afforded to the benefits of this proposal and it is considered that exceptional reasons justify the proposal, having regard to policy 1 of the Core Strategy.

Design

27.The proposal is for a modern industrial building, with entrance to the southern elevation. The layout is similar to the previous building which occupied the site until recently, although is of a slightly reduced scale and set in from the common boundary with the adjacent dwelling, affording some degree of separation. The scale is consistent with other buildings found on the industrial estate and would be seen in the context of existing industrial development. A condition is recommended to secure appropriate materials.

Highway safety

28.The application proposes 14no. dedicated parking spaces. For a new development, this falls short of the Council’s parking standards, however it is in line with the previous parking arrangements and LCC Highways have raised no objection to the shortfall. Tracking drawings have been provided to demonstrate that a large vehicle can enter and exit in a forward gear, and it is acknowledged that the site has operated successfully previously. Although objections have been received on traffic grounds, it is an established industrial estate and the application site did house a mill up until it was destroyed by fire damage just over a year ago. It is acknowledged that Bournes Row also serves residential properties and primary schools, however in the absence of any objection from LCC Highways, a refusal on highways grounds could not be sustained.

CONCLUSION

29.The Framework is clear that significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development. The proposal would support economic growth, local investment and jobs; and there are exceptional reasons to justify the proposed development in this location, having regard to Core Strategy policy 1 and policy EP3 Chorley Local Plan 2012 - 2026. The application is recommended for approval accordingly, subject to conditions.

RELEVANT POLICIES: In accordance with s.38 (6) Planning and Compulsory Purchase Act (2004), the application is to be determined in accordance with the development plan (the Central Lancashire Core Strategy, the Adopted Chorley Local Plan 2012-2026 and adopted Supplementary Planning Guidance), unless material considerations indicate otherwise. Consideration of the proposal has had regard to guidance contained within the National Planning Policy Framework (the Framework) and the development plan. The specific policies/ guidance considerations are contained within the body of the report.

Suggested conditions

30.To follow. This page is intentionally left blank Agenda Page 129 Agenda Item 3k This page is intentionally left blank