Case Reference: 3241233
Wyre Borough Council • 2020-04-01
Decision/Costs Notice Text
Appeal Decision
Site visit made on 3 February 2020
by Diane Cragg DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 01 April 2020
Appeal Ref: APP/U2370/W/19/3241233
Land off Holts Lane, Poulton-le-Fylde.
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission under section 73 of the Town and
Country Planning Act 1990 for the development of land without complying with
conditions subject to which a previous planning permission was granted.
• The appeal is made by [APPELLANT] against
the decision of Wyre Borough Council.
• The application Ref 18/00680/OULMAJ , dated 11 July 2018, was refused by notice
dated 3 October 2019.
• The application sought planning permission for outline application for the erection of up
to 130 dwellings with means of access off Holts Lane (layout, landscaping, scale and
appearance reserved), following demolition of existing buildings (re-submission of
16/00233/OULMAJ) without complying with a condition attached to planning permission
Ref 16/01043/OULMAJ, dated 12 April 2017.
• The condition in dispute is No 3 which states that: Prior to commencement of
development hereby approved, a scheme for the provision and retention of affordable
housing as part of the development shall be submitted to and approved in writing by
the Local Planning Authority. The affordable housing shall be provided and thereafter
retained in accordance with the approved scheme and shall meet the definition of
affordable housing in Annex 2 of the National Planning Policy Framework or any future
guidance that replaces it. The scheme shall include:
a) the numbers, type, tenure and location on the site of the affordable housing
provision to be made which shall consist of not less than 30% of housing units/bed
spaces;
b) the timing of the construction of the affordable housing and its phasing in relation to
the occupancy of the market housing;
c) the arrangements for the transfer of the affordable housing to an affordable housing
provider [or the management of the affordable housing];
d) the arrangements to ensure that such provision is affordable for both first and
subsequent occupiers of the affordable housing;
e) the occupancy criteria to be used for determining the identity of occupiers of the
affordable housing and the means by which such occupancy criteria shall be enforced.
• The reason given for the condition is: To ensure the adequate provision and delivery of
affordable housing in accordance with the National Planning Policy Framework (March
2012).
Decision
The appeal is allowed and planning permission is granted for outline application for
the erection of up to 130 dwellings with means of access off Holts Lane (layout,
landscaping, scale and appearance reserved), following demolition of existing
buildings (re-submission of 16/00233/OULMAJ), Land off Holts Lane, Poulton-le-
Fylde in accordance with application Ref 18/00680/OULMAJ, dated 11 July 2018,
without complying with condition number 3 previously imposed on planning
permission Ref 16/01043/OULMAJ dated 12 April 2017, but subject to the
conditions in the attached schedule.
Procedural Matters
1. The Council’s 5-year housing land supply has been confirmed through the
publication of an Annual Position Statement (APS). Consequently, the Council
can demonstrate a 5-year housing land supply of deliverable housing sites until
31 October 2020. The housing land supply figure includes the appeal site.
2. Outline planning permission has been granted at the appeal site for the
erection of up to 130 dwellings subject to a section 106 agreement. Matters
relating to layout, landscaping, scale and appearance were reserved. The
planning permission was subject to a condition which requires the provision of
affordable housing in accordance with the definition and requirements of the
National Planning Policy Framework as at March 2012.
3. Since the approval of the planning permission the Wyre Local Plan (2011-2031)
adopted 28 February 2019 (Local Plan) has been adopted. Further, an
amended version of the National Planning Policy Framework (2019) (the
Framework) has come into force.
4. The Framework states that where a need for affordable housing is identified
planning policies should specify the type of affordable housing required and
generally expect it to be met on site. Policies in the adopted Local Plan require
the provision of 30% affordable housing. The appellant asserts that the scheme
would not be viable with an affordable requirement of 30% and seeks to vary
the condition to allow for a reduced affordable housing provision.
5. I have been provided with a copy of a signed Unilateral Undertaking (UU) dated
4th February 2020. The obligation varies the section 106 agreement related to
the original outline planning permission Ref 16/01043/OULMAJ dated 12 April
2017. The UU requires financial contributions towards education, traffic
management and a travel plan. The Council consider that the UU is enforceable
and secures the necessary provisions as per the original Section 106 Planning
Obligation. I am satisfied that the provisions of the UU are directly related to
the development and fairly and reasonably related in scale and kind to it.
Main Issue
6. The main issue is whether the variation of the condition would provide
adequately for the provision and delivery of affordable housing within the site.
Reasons
7. The appeal site comprises predominantly green field land on the edge of
Poulton-le-Fylde. There is open agricultural land to the south, an industrial
estate beyond the railway line which forms the eastern site boundary, and
residential development on the northern side, from where access to the
development is proposed. The site is allocated for residential development in
the Local Plan.
8. The Framework states that in preparing and reviewing local plans, contributions
expected from developments, including levels and types of affordable housing,
should be set out. Such policies should not undermine the deliverability of the
plan. Where up-to-date policies have set out the contributions expected from
development, planning applications that comply with them should be assumed
to be viable. The weight to be given to a viability assessment is a matter for
the decision maker, having regard to all the circumstances in the case.
9. Policy HP3 of the Local Plan requires that new residential developments of 10
dwellings or more contribute towards meeting the identified need for affordable
housing. For sites in Poulton-le-Fylde the policy requires 30% affordable
housing provision. Policy SP6 of the Local Plan states that the Council’s
overarching objective is to ensure that development is viable.
10. Based on the evidence before me it seems that, although the approved outline
permission is for up to 130 units, it has been discovered that adverse ground
conditions would limit the numbers of houses that can be accommodated on
the site. It is considered that the site could deliver a scheme for 102 houses.
Based on the requirements of Policy HP3 a development consisting of 102
dwellings would equate to a need for 31 affordable houses. However, the
appellant contends that an affordable housing requirement in line with Policy
HP3 would render the scheme unviable.
11. The indicative site layout submitted with the appeal for the 102 dwelling units
would comprise 12 no.1-2 bed units, 66 no. 3 bed units and 24 no. 4 bed units.
This housing mix forms the basis of the viability assessment submitted with the
appeal.
12. Officers from the Council recommended that the application be approved,
based on the assessment of viability carried out on their behalf by Keppie
Massie. It appears to me that the approach in the viability document is
consistent with the guidance set out in the viability section of the Planning
Practice Guidance (PPG). The Council’s consultant indicates that based on the
housing mix proposed 9 affordable housing units is the maximum that could be
provided to ensure the scheme’s viability. The viability is based on a developer
profit margin of close to 20%. The Council’s consultant considers that the site
has a relatively high-risk profile and that the level of profit is reasonable in this
case.
13. However, the Council in coming to their decision considered that the ground
conditions at the site should not have come as a surprise to land promoters
and therefore it should not be necessary to seek to review the affordable
housing requirements at this stage. Indeed, the Council say part of the original
support for the development of the site was based on the site bringing
forwarded much needed affordable housing.
14. Taking into account local and national policy I have some sympathy for the
Council’s view that affordable housing is needed within the district and that
schemes should be required to deliver it. Particularly on sites allocated for
development which have been assessed as viable and deliverable. However,
based on the information put to me I cannot conclude that the scheme in
question would be capable of delivering 30% affordable housing whilst
providing sufficient incentive for the developer to carry out the development.
On this basis, persisting with the existing condition would prejudice the delivery
of any housing on site.
15. Further, the appeal site is allocated for housing and is part of the Council’s 5-
year housing land supply. The affordable housing provision would be lower than
the Local Plan policy requirement, but this has been justified and the nine
dwellings proposed to be affordable would contribute to meeting an identified
need.
16. Given that the delivery of housing is a central aim of the Framework, this is a
matter to which I attribute significant weight. As well as securing the delivery
of housing on an allocated site, the Council acknowledge that the proposed
housing mix would accord with the latest housing market assessment and that
additional green infrastructure secured by the reduced density of the scheme
would be a visual benefit. These considerable benefits of the scheme would
outweigh the harm in not achieving greater affordable housing. In this respect
the development would be consistent with the approach in SP6 of the Local
Plan.
17. The Council propose two conditions to replace the original condition 3 to secure
the amended affordable housing provision. Condition 3 would be framed as per
the original condition with point (a) reworded to replace the requirement for
30% affordable housing with a requirement to provide 9 housing units, 4 of
which would be for affordable rent and 5 to be shared ownership. A second
condition is proposed to secure the number and mix of dwellings to accord with
the assessed viable housing mix which is based on a total of 102 units.
18. The Council propose amendments to a number of the other conditions
attached to the original permission including those affecting drainage and
public open space. However, these other conditions are not before me and I
have limited evidence that the variation to affordable housing provision would
require the reconsideration of these other elements of the planning conditions.
Including condition 18 in relation to open space.
19. The UU acts as a deed of variation, it secures the traffic management and a
travel plan required as part of the section 106 agreement related to the original
outline planning permission. It also provides for an education contribution for
primary school places and, where required, secondary school places. The UU
also provides for the recalculation of the education contribution in the event
that the required number of primary and secondary school places changes. The
UU proposes to divert any surplus monies that may accrue through reduced
education contributions towards a contribution to off-site affordable housing.
The appellant and the Council agree that, although Policy HP3 seeks on site
provision of affordable housing in the first instance, it would not be practical or
reasonable to expect any reserved matters scheme to be amended to enable
available surplus education contribution to provide on-site affordable housing.
Thus, an off-site affordable housing contribution is seen as an exceptional
circumstance in relation to Policy HP3 and I see no reason to disagree.
20. I invited the parties comments on the need to reappraise the scheme in the
event of a delay in the commencement of construction or a change in types or
mix of dwellings. A possibility suggested in the Council’s viability assessment.
The proposed variation of the planning conditions would prevent a re-appraisal
of the numbers and mix of dwellings without further application. Further, as the
outline planning permission is near to expiry it is likely that there would be a
shorter than normal delay from the grant of outline permission to the
commencement of construction, consequently, I am satisfied that no specific
requirement for reappraisal is necessary in this specific case.
21. Overall, I consider that the variation of condition 3 would provide adequately
for the provision and delivery of affordable housing within the site and would
accord with Policy HP3 of the local plan. In this respect it would also accord
with the Framework.
Other Matters
22. I appreciate that there are third-party concerns including about additional
traffic, the amount of development, new housing in the area not selling and
objections to social housing. However, the original extant planning permission
establishes the principle of the development to which most of the objections
relate. My role is not to reconsider the established principle of the development
but to consider the variation of condition 3 in so far as it relates to the amount
of affordable housing to be provided as part of the development.
Conditions
23. The guidance in the Planning Practice Guidance makes clear that decision
notices for the grant of planning permission under Section 73 of the Town and
Country Planning Act 1990 should also repeat the relevant conditions from the
original planning permission, unless they have already been discharged.
24. I have amended the condition relating to the time to implement the permission
to accord with the original planning permission. I have amended condition 3
and added condition 25 as set out above. These conditions are necessary to
ensure a suitable mix and number of dwellings and provide for affordable
housing in accordance with the Council’s viability appraisal.
25. I have considered the comments made by the parties with regard to conditions.
However, for the reasons set out I have not found it necessary to amend the
other conditions of the permission. I have therefore reapplied the conditions
attached to the original permission for clarity.
Conclusion
26. For the reasons given above the appeal is allowed.
Diane Cragg
INSPECTOR
Schedule of Conditions
1. (a) In the case of any reserved matter, namely appearance, landscaping,
layout and scale of the buildings, application for approval must be made not
later than the expiration of three years beginning on the 12 April 2017;
(b) the development to which the permission relates must be begun not later
than the expiration of two years from the final approval of the reserved
matters or, in the case of approval on different dates, the final approval of
the last matter to be approved.
2. The development hereby permitted shall be carried out in accordance with
the following approved plan: - 1409/01B Proposed site access arrangements.
3. Prior to commencement of development hereby approved, a scheme for the
provision and retention of affordable housing as part of the development
shall be submitted to and approved in writing by the Local Planning
Authority. The affordable housing shall be provided and thereafter retained
in accordance with the approved scheme and shall meet the definition of
affordable housing in Annex 2 of the National Planning Policy Framework or
any future guidance that replaces it. Unless otherwise agreed in writing by
the Local Planning Authority the scheme shall include:
a) the numbers, type, tenure and location on the site of the affordable
housing provision to be made which shall consist of the location on the site
of the affordable housing provision to be made which shall consist of not less
than 9 dwelling units, 4 of which shall be for affordable rent and 5 of which
shall be shared ownership;
b) the timing of the construction of the affordable housing and its phasing in
relation to the occupancy of the market housing;
c) the arrangements for the transfer of the affordable housing to an
affordable housing provider [or the management of the affordable housing];
d) the arrangements to ensure that such provision is affordable for both first
and subsequent occupiers of the affordable housing;
e)the occupancy criteria to be used for determining the identity of occupiers
of the affordable housing and the means by which such occupancy criteria
shall be enforced.
4. The development permitted by this planning permission shall be carried out
in accordance with the approved Flood Risk Assessment (FRA) February
2016, Ref: HYD055_HOLTS.LANE_FRA&SDA by Betts Hydro Consulting
Engineers and the following mitigation measures detailed within the FRA:
• Limiting the surface water run-off generated by the development to
greenfield runoff rate so that it will not increase the risk of flooding
off-site.
• Identification and provision of safe route(s) into and out of the site to
an appropriate safe haven.
• Finished floor levels are set no lower than 150mm following any re-
grade above Ordnance Datum (AOD).
The mitigation measures shall be fully implemented prior to first occupation
and subsequently in accordance with the timing / phasing arrangements
embodied within the scheme, or within any other period as may
subsequently be agreed, in writing, by the local planning authority in
consultation with the lead local flood authority.
5. Prior to the commencement of any development, full details of a surface
water drainage scheme shall be submitted to and agreed in writing by the
Local Planning Authority. For the purpose of this condition, the drainage
scheme shall include;
a) information about the lifetime of the development design storm period
and intensity (1 in 30 & 1 in 100 year +30% allowance for climate
change), discharge rates and volumes (both pre and post
development), temporary storage facilities, means of access for
maintenance and easements where applicable, 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 flood levels in AOD;
b) any works required off-site to ensure adequate discharge of surface
water without causing flooding or pollution (which should include
refurbishment of any existing culverts and headwalls or removal of
unused culverts where relevant);
c) flood water exceedance routes, both on and off site;
d) a timetable for implementation, including phasing where applicable;
e) site investigation and test results to confirm infiltrations rates;
f) details of water quality controls, where applicable.
The scheme shall be fully implemented and subsequently maintained in
accordance with the approved details and the details to be agreed by
condition 6 and in accordance with the timing / phasing arrangements
embodied within the scheme, or within any other period as may
subsequently be agreed, in writing, by the local planning authority.
6. (i) Prior to the commencement of development, a management and
maintenance plan for the sustainable drainage system for the lifetime of the
development shall be submitted to and agreed in writing by the Local
Planning Authority. For the purpose of this condition, this plan shall include:
a) The arrangements for adoption by an appropriate public body or
statutory undertaker, management and maintenance by a Residents'
Management Company;
b) Arrangements concerning appropriate funding mechanisms for its on-
going maintenance of all elements of the sustainable drainage system
(including mechanical components and designed biodiversity features)
and will include elements such as on-going inspections relating to
performance and asset condition assessments, 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;
d) The maintenance and management of any designed biodiversity
features.
(ii) 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.
7. No development hereby permitted shall be first occupied until the
sustainable drainage scheme for the site has been completed in accordance
with the submitted details. The sustainable drainage scheme shall be
managed and maintained thereafter in accordance with the agreed
management and maintenance plan approved under condition 6.
8. Prior to the commencement of development, a scheme for the disposal of
foul waters within the site shall be submitted to and approved in writing by
the Local Planning Authority. The development shall be carried out in
accordance with the approved scheme.
9. Vegetation shall only be removed / cleared outside of the optimum period for
bird nesting (March to July inclusive) unless, before the removal / clearance
commences, a report has been submitted to and approved in writing by the
Local Planning Authority demonstrating that the nesting / breeding birds
have been shown to be absent.
10. Prior to the commencement of development hereby approved, including any
vegetation clearance or ground works, and notwithstanding any information
submitted with the application, a Comprehensive Great Crested Newt
Reasonable Avoidance Measures Method Statement shall be submitted to
and approved in writing by the Local Planning Authority. The Method
Statement shall give full details of how any possible harm to great crested
newts is to be avoided during the course of the development. The
development shall be carried out in accordance with the approved Method
Statement.
11.Prior to the commencement of development hereby approved, including any
vegetation clearance or ground works, a Barn Owl Mitigation Method
Statement, in line with section 5.5 of the submitted Ecological Survey And
Assessment reference (ERAP Ltd ref: 2015_069 and amended April 2016)
shall be submitted to and approved in writing by the Local Planning
Authority. The Method Statement shall give full details of the type, location,
management and maintenance of the barn owl tower. The development shall
be carried out in accordance with the approved Method Statement.
12.Prior to the commencement of development hereby approved, including any
vegetation clearance or ground works, a Landscape and Ecology
Management Plan (LEcoMP) shall be submitted to and approved in writing by
the Local Planning Authority. The approved Plan shall identify the
opportunities for biodiversity enhancement on site including (but not limited
to):
a) Species rich hedgerow planting;
b) Bolstering of hedgerows;
c) Creation of ponds;
d) Bat bricks and/or tubes within the new development;
e) Bat boxes;
f) Bird boxes;
g) Native tree and shrub planting.
The approved scheme shall be implemented in accordance with the approved
scheme details.
13.Prior to commencement of development hereby approved, a scheme which
provides for the assessment, retention and protection of trees, shrubs and
hedges within (or overhanging) the site, which may be affected by the
construction process (apart from those whose removal is approved through
the reserved matters application(s)), shall be submitted to and approved in
writing by the Local Planning Authority in the form of a Tree Protection Plan
and Arboricultural Impact Assessment. The agreed tree protection measures
shall remain until all development is completed and no work, including any
form of drainage or storage of materials, earth or topsoil shall take place
within the perimeter of such protective fencing.
14.Prior to the commencement of the development hereby approved, a
Construction Environmental Management Plan (CEMP) shall be submitted to
and approved in writing by the Local Planning Authority to include details of
the measures proposed during construction to manage and mitigate the
main environmental effects. The following matters shall be addressed:
a) the times of construction activities on site;
b) the parking of vehicles of site operatives and visitors;
c) loading and unloading of plant and materials;
d) storage of plant and materials used in constructing the development; e)
the erection and maintenance of security hoarding including decorative
displays and facilities for public viewing, where appropriate;
f) wheel washing facilities;
g) measures to control the emission of dust and dirt during construction;
h) a scheme for recycling/disposing of waste resulting from demolition and
construction works;
i) measures to prevent disturbance to adjacent dwellings from noise and
vibration, including any piling activity;
j) measures to prevent the pollution of watercourses;
k) measures to avoid light pollution;
l) routes to be used by vehicles carrying plant and materials to and from the
site and measures to be taken to ensure that drivers use these routes as far
as is practicable;
m)management of silt and run-off during the build out of the development.
The development hereby approved shall be carried out in accordance with
the approved CEMP.
15. Prior to commencement of development hereby approved, a desk study
shall be undertaken and agreed in writing by the Local Planning Authority to
investigate and produce an assessment of the risk of the potential for on-site
contamination. If the desk study identifies potential contamination, a
detailed site investigation shall be carried out in accordance with a written
methodology, which shall be submitted to and agreed in writing by the Local
Planning Authority. If remediation measures are then considered necessary,
a scheme for decontamination of the site shall be submitted to, and,
approved in writing by the Local Planning Authority and the scheme
implemented in accordance with the approved details prior to the
development of the site. Any changes to the agreed scheme must be
approved in writing by the Local Planning Authority prior to any works being
undertaken.
16.(a) The residential development hereby permitted shall be designed so that
cumulative noise (from industrial, commercial and transportation sources)
does not exceed: -
• 50dB LAeq 16 hours (07.00 to 23.00) in gardens and outside living
areas, daytime
• 35dB LAeq 16 hours (07.00 to 23.00) - indoors, daytime
• 30dB LAeq 8 hours (23.00-07.00) - indoors, night-time
• 45dB LAFmax (23.00-07.00) - indoors, night-time
• 60 dB LAFmax 8 hours-(23.00-07.00) façade level night time
• 60 dB LAFmax 4 hours-(19.00-23.00) façade level night time
(b) Any mechanical ventilation system shall meet or exceed the
specifications set out in clause 6, schedule 1 of the Noise Insulation
Regulations 1975 with regard to acoustic performance and airflow rates.
(c) Where noise mitigation measures are required to ensure compliance with
the agreed noise levels e.g. acoustic glazing, noise barrier fencing and
ventilation, such mitigation details shall be submitted to and approved in
writing by the Local Planning Authority prior to commencement of
development demonstrating how they would mitigate noise to the approved
levels together with a timetable for implementation. The approved noise
mitigation measures shall be implemented in accordance with the approved
timescale and shall thereafter be maintained and retained.
17.Prior to the commencement of the development hereby approve, an
assessment and a scheme for the mitigation of intrusive lighting effects from
the railway shall be submitted to and approved in writing by the Local
Planning Authority. The assessment and the mitigation measures shall
demonstrate that the lighting will be in accordance with the institution of
Lighting Professionals.' "Guidance Notes for the Reduction of Obtrusive Light
GN01:2011" and shall be oriented and screened to mitigate light spillage
from the railway onto the development.
The light intrusion into the windows of any residential premises shall not
exceed 10 Lux before 23.00, and 2 lux after 23.00 (Environmental Zone E3).
The mitigation measures shall be installed prior to the first occupation of any
of the dwellings or the completion of the development whichever is the
earliest and shall be maintained thereafter.
18.As part of any reserved matters application where layout is applied for,
public open space shall be provided on site in accordance with the
requirements of saved Policy H13 of the adopted Wyre Borough Local Plan
(1999), or any equivalent policy in an adopted Local Plan that replicates the
existing Local Plan, and such area or areas of open space shall be provided
and made available for use, and shall thereafter be retained and maintained
for use by the public in accordance with a scheme which shall be submitted
to and approved in writing by the Local Planning Authority prior to the first
occupation of any dwelling on the site.
19. No development shall take place within the area indicated until the
applicant, or their agents or successors in title, has secured the
implementation of a programme of archaeological work in accordance with a
written scheme of investigation (which shall include the timetable for the
investigation) which has been submitted by the applicant and approved in
writing by the Local Planning Authority.
20.The land indicated on drawing SAF(001) submitted with the planning
application shall be safeguarded for use in connection with the construction
of a railway footbridge and ramped access required by Network Rail in
connection with the electrification of the Blackpool-Preston-Manchester line,
unless written confirmation is provided by Network Rail to the Local Planning
Authority that this safeguarded land is no longer required for such purpose.
Prior to construction work on the railway footbridge and ramped access, the
land shall be used in connection with no other development hereby approved
other than in accordance with landscaping details to be approved at the
reserved matters stage.
21.No part of the development hereby approved shall commence until a
timescale for the construction of the site accesses and the agreed scheme of
off-site works of highway improvement has been submitted to, and approved
in writing by, the Local Planning Authority in consultation with the Highway
Authority. The highway improvements shall thereinafter be constructed in
accordance with the agreed timescale. The agreed scheme of highway
improvements/works are as shown on drawings 1409/01/ B, 1409/05/B,
1409/07, 1409/08/A and 1409/09/A and include:
• Resurfacing of footway on both sides of Site Access 1 including
dropped kerbs and tactile paving.
• Resurfacing of footway on both sides of Site Access 2 including
dropped kerbs and tactile paving.
• Resurfacing of footway the south side of Holts Lane between Site
Access 1 and Brockholes Crescent.
• Repatch and repair existing footway on east side of Holts Lane
between Brockholes Crescent and proposed pedestrian refuge on
Garstang Road East.
• Introduce tactile paving at the junction of Holts Lane with Brockholes
Crescent.
• Introduce tactile paving at the junction of Edenfield Avenue with Holts
Lane.
• Introduce dropped kerbs and tactile paving at the junction of
Broadfield Avenue with Holts Lane.
• Revise layout of Main Drive/Brockholes Crescent junction to reduce
bell mouth and introduce dropped kerbs and tactile paving to provide
a safer environment for pedestrians.
• Introduce tactile paving and junction treatment at the junction of
Holts Lane with Garstang Road East.
• Introduce tactile paving and junction treatment at the junction of
Argyle Road with Garstang Road East.
• Introduce pedestrian/cycle refuge on Garstang Road East in the
vicinity of the junction with Holts Lane. Pedestrian/cycle refuge to be
sited on the desire line of residents of the proposed development
undertaking trips to Tesco, Hodgson Academy and Poulton town
centre.
• Widen footway on the north side of Garstang Road East between
Lower Green to a point beyond Argyle Road. With surface treatment at
the Tesco access and egress.
• Introduce tactile paving and junction treatment at the junction of Carr
Head Lane with Garstang Road East.
• Revise existing pelican crossing facilities at Garstang Road East/Lower
Green junction to 'Toucan' type.
• Revise existing pelican crossing facilities at Garstang Road
East/Garstang Road West/Hardhorn Road junction to 'Puffin' type.
Introduce 3.0m wide shared footway/cycleway along the north side of
Garstang Road East between Lower Green and Argyle Road (distance
of circa 200m), with pedestrian/cycle refuge on Garstang Road East in
the vicinity of the junction with Holts Lane.
• Introduce 'Toucan' format crossing facilities at Lower Green/Garstang
Road East junction. Upgrade 2no bus stops (with shelters) on
Garstang Road East. These are located at (iii) Westbound services:
90m east of Holts Lane; (iv) Eastbound services: 120m west of Holts
Lane.
• Introduce a new stop on Carr Head Lane. Details to be agreed.
Garstang Road East / Holts Lane junction - introduce right turn lane
waiting areas on Garstang Road East to cater for movements into
Holts Lane and Argyle Road (Drg No 1409/09/A).
• Garstang Road East / Carr Head Lane junction - increase width of right
turn lane on Garstang Road East to assist right turn movements out of
Carr Head Lane (Drg No 1409/07).
• Hardhorn Road / Highcross Road / Beech Drive junction - introduce
'KEEP CLEAR' markings on Hardhorn Road at the Beech Drive and
Highcross Road junctions with supporting surface treatment (Drg No
1409/08/A).
22.The approved Travel Plan (Ashley Helme, November 2016, Report Reference
1409/3/C) must be implemented in full in accordance with the timetable
contained within it unless otherwise agreed in writing with the Local Planning
Authority. All elements shall continue to be implemented at all times
thereafter for as long as any part of the development is occupied or used/for
a minimum period of at least 5 years.
23.As part of any reserved matters application where layout is applied for, a
footpath link / links shall be provided on site between the application site
and the land to the west. The approved footpath link(s) is only to be
provided in the event that development on the land to the west is permitted.
In which case, the footpath link shall be constructed in accordance with the
approved details prior to development on land to the west being first
occupied.
24.No dwellings shall be first occupied until the provision of electric vehicle
charging points are provided for the dwelling to which they relate, and such
provision shall be permanently retained for that purpose thereafter.
25.The development hereby permitted is for 102 dwelling units only which shall
comprise of the following housing mix schedule:
• 4 x 1 bed dwelling units
• 8 x 2 bed dwelling units
• 66 x 3 bed dwelling units
• 24 x 4 bed dwelling units
Site visit made on 3 February 2020
by Diane Cragg DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 01 April 2020
Appeal Ref: APP/U2370/W/19/3241233
Land off Holts Lane, Poulton-le-Fylde.
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission under section 73 of the Town and
Country Planning Act 1990 for the development of land without complying with
conditions subject to which a previous planning permission was granted.
• The appeal is made by [APPELLANT] against
the decision of Wyre Borough Council.
• The application Ref 18/00680/OULMAJ , dated 11 July 2018, was refused by notice
dated 3 October 2019.
• The application sought planning permission for outline application for the erection of up
to 130 dwellings with means of access off Holts Lane (layout, landscaping, scale and
appearance reserved), following demolition of existing buildings (re-submission of
16/00233/OULMAJ) without complying with a condition attached to planning permission
Ref 16/01043/OULMAJ, dated 12 April 2017.
• The condition in dispute is No 3 which states that: Prior to commencement of
development hereby approved, a scheme for the provision and retention of affordable
housing as part of the development shall be submitted to and approved in writing by
the Local Planning Authority. The affordable housing shall be provided and thereafter
retained in accordance with the approved scheme and shall meet the definition of
affordable housing in Annex 2 of the National Planning Policy Framework or any future
guidance that replaces it. The scheme shall include:
a) the numbers, type, tenure and location on the site of the affordable housing
provision to be made which shall consist of not less than 30% of housing units/bed
spaces;
b) the timing of the construction of the affordable housing and its phasing in relation to
the occupancy of the market housing;
c) the arrangements for the transfer of the affordable housing to an affordable housing
provider [or the management of the affordable housing];
d) the arrangements to ensure that such provision is affordable for both first and
subsequent occupiers of the affordable housing;
e) the occupancy criteria to be used for determining the identity of occupiers of the
affordable housing and the means by which such occupancy criteria shall be enforced.
• The reason given for the condition is: To ensure the adequate provision and delivery of
affordable housing in accordance with the National Planning Policy Framework (March
2012).
Decision
The appeal is allowed and planning permission is granted for outline application for
the erection of up to 130 dwellings with means of access off Holts Lane (layout,
landscaping, scale and appearance reserved), following demolition of existing
buildings (re-submission of 16/00233/OULMAJ), Land off Holts Lane, Poulton-le-
Fylde in accordance with application Ref 18/00680/OULMAJ, dated 11 July 2018,
without complying with condition number 3 previously imposed on planning
permission Ref 16/01043/OULMAJ dated 12 April 2017, but subject to the
conditions in the attached schedule.
Procedural Matters
1. The Council’s 5-year housing land supply has been confirmed through the
publication of an Annual Position Statement (APS). Consequently, the Council
can demonstrate a 5-year housing land supply of deliverable housing sites until
31 October 2020. The housing land supply figure includes the appeal site.
2. Outline planning permission has been granted at the appeal site for the
erection of up to 130 dwellings subject to a section 106 agreement. Matters
relating to layout, landscaping, scale and appearance were reserved. The
planning permission was subject to a condition which requires the provision of
affordable housing in accordance with the definition and requirements of the
National Planning Policy Framework as at March 2012.
3. Since the approval of the planning permission the Wyre Local Plan (2011-2031)
adopted 28 February 2019 (Local Plan) has been adopted. Further, an
amended version of the National Planning Policy Framework (2019) (the
Framework) has come into force.
4. The Framework states that where a need for affordable housing is identified
planning policies should specify the type of affordable housing required and
generally expect it to be met on site. Policies in the adopted Local Plan require
the provision of 30% affordable housing. The appellant asserts that the scheme
would not be viable with an affordable requirement of 30% and seeks to vary
the condition to allow for a reduced affordable housing provision.
5. I have been provided with a copy of a signed Unilateral Undertaking (UU) dated
4th February 2020. The obligation varies the section 106 agreement related to
the original outline planning permission Ref 16/01043/OULMAJ dated 12 April
2017. The UU requires financial contributions towards education, traffic
management and a travel plan. The Council consider that the UU is enforceable
and secures the necessary provisions as per the original Section 106 Planning
Obligation. I am satisfied that the provisions of the UU are directly related to
the development and fairly and reasonably related in scale and kind to it.
Main Issue
6. The main issue is whether the variation of the condition would provide
adequately for the provision and delivery of affordable housing within the site.
Reasons
7. The appeal site comprises predominantly green field land on the edge of
Poulton-le-Fylde. There is open agricultural land to the south, an industrial
estate beyond the railway line which forms the eastern site boundary, and
residential development on the northern side, from where access to the
development is proposed. The site is allocated for residential development in
the Local Plan.
8. The Framework states that in preparing and reviewing local plans, contributions
expected from developments, including levels and types of affordable housing,
should be set out. Such policies should not undermine the deliverability of the
plan. Where up-to-date policies have set out the contributions expected from
development, planning applications that comply with them should be assumed
to be viable. The weight to be given to a viability assessment is a matter for
the decision maker, having regard to all the circumstances in the case.
9. Policy HP3 of the Local Plan requires that new residential developments of 10
dwellings or more contribute towards meeting the identified need for affordable
housing. For sites in Poulton-le-Fylde the policy requires 30% affordable
housing provision. Policy SP6 of the Local Plan states that the Council’s
overarching objective is to ensure that development is viable.
10. Based on the evidence before me it seems that, although the approved outline
permission is for up to 130 units, it has been discovered that adverse ground
conditions would limit the numbers of houses that can be accommodated on
the site. It is considered that the site could deliver a scheme for 102 houses.
Based on the requirements of Policy HP3 a development consisting of 102
dwellings would equate to a need for 31 affordable houses. However, the
appellant contends that an affordable housing requirement in line with Policy
HP3 would render the scheme unviable.
11. The indicative site layout submitted with the appeal for the 102 dwelling units
would comprise 12 no.1-2 bed units, 66 no. 3 bed units and 24 no. 4 bed units.
This housing mix forms the basis of the viability assessment submitted with the
appeal.
12. Officers from the Council recommended that the application be approved,
based on the assessment of viability carried out on their behalf by Keppie
Massie. It appears to me that the approach in the viability document is
consistent with the guidance set out in the viability section of the Planning
Practice Guidance (PPG). The Council’s consultant indicates that based on the
housing mix proposed 9 affordable housing units is the maximum that could be
provided to ensure the scheme’s viability. The viability is based on a developer
profit margin of close to 20%. The Council’s consultant considers that the site
has a relatively high-risk profile and that the level of profit is reasonable in this
case.
13. However, the Council in coming to their decision considered that the ground
conditions at the site should not have come as a surprise to land promoters
and therefore it should not be necessary to seek to review the affordable
housing requirements at this stage. Indeed, the Council say part of the original
support for the development of the site was based on the site bringing
forwarded much needed affordable housing.
14. Taking into account local and national policy I have some sympathy for the
Council’s view that affordable housing is needed within the district and that
schemes should be required to deliver it. Particularly on sites allocated for
development which have been assessed as viable and deliverable. However,
based on the information put to me I cannot conclude that the scheme in
question would be capable of delivering 30% affordable housing whilst
providing sufficient incentive for the developer to carry out the development.
On this basis, persisting with the existing condition would prejudice the delivery
of any housing on site.
15. Further, the appeal site is allocated for housing and is part of the Council’s 5-
year housing land supply. The affordable housing provision would be lower than
the Local Plan policy requirement, but this has been justified and the nine
dwellings proposed to be affordable would contribute to meeting an identified
need.
16. Given that the delivery of housing is a central aim of the Framework, this is a
matter to which I attribute significant weight. As well as securing the delivery
of housing on an allocated site, the Council acknowledge that the proposed
housing mix would accord with the latest housing market assessment and that
additional green infrastructure secured by the reduced density of the scheme
would be a visual benefit. These considerable benefits of the scheme would
outweigh the harm in not achieving greater affordable housing. In this respect
the development would be consistent with the approach in SP6 of the Local
Plan.
17. The Council propose two conditions to replace the original condition 3 to secure
the amended affordable housing provision. Condition 3 would be framed as per
the original condition with point (a) reworded to replace the requirement for
30% affordable housing with a requirement to provide 9 housing units, 4 of
which would be for affordable rent and 5 to be shared ownership. A second
condition is proposed to secure the number and mix of dwellings to accord with
the assessed viable housing mix which is based on a total of 102 units.
18. The Council propose amendments to a number of the other conditions
attached to the original permission including those affecting drainage and
public open space. However, these other conditions are not before me and I
have limited evidence that the variation to affordable housing provision would
require the reconsideration of these other elements of the planning conditions.
Including condition 18 in relation to open space.
19. The UU acts as a deed of variation, it secures the traffic management and a
travel plan required as part of the section 106 agreement related to the original
outline planning permission. It also provides for an education contribution for
primary school places and, where required, secondary school places. The UU
also provides for the recalculation of the education contribution in the event
that the required number of primary and secondary school places changes. The
UU proposes to divert any surplus monies that may accrue through reduced
education contributions towards a contribution to off-site affordable housing.
The appellant and the Council agree that, although Policy HP3 seeks on site
provision of affordable housing in the first instance, it would not be practical or
reasonable to expect any reserved matters scheme to be amended to enable
available surplus education contribution to provide on-site affordable housing.
Thus, an off-site affordable housing contribution is seen as an exceptional
circumstance in relation to Policy HP3 and I see no reason to disagree.
20. I invited the parties comments on the need to reappraise the scheme in the
event of a delay in the commencement of construction or a change in types or
mix of dwellings. A possibility suggested in the Council’s viability assessment.
The proposed variation of the planning conditions would prevent a re-appraisal
of the numbers and mix of dwellings without further application. Further, as the
outline planning permission is near to expiry it is likely that there would be a
shorter than normal delay from the grant of outline permission to the
commencement of construction, consequently, I am satisfied that no specific
requirement for reappraisal is necessary in this specific case.
21. Overall, I consider that the variation of condition 3 would provide adequately
for the provision and delivery of affordable housing within the site and would
accord with Policy HP3 of the local plan. In this respect it would also accord
with the Framework.
Other Matters
22. I appreciate that there are third-party concerns including about additional
traffic, the amount of development, new housing in the area not selling and
objections to social housing. However, the original extant planning permission
establishes the principle of the development to which most of the objections
relate. My role is not to reconsider the established principle of the development
but to consider the variation of condition 3 in so far as it relates to the amount
of affordable housing to be provided as part of the development.
Conditions
23. The guidance in the Planning Practice Guidance makes clear that decision
notices for the grant of planning permission under Section 73 of the Town and
Country Planning Act 1990 should also repeat the relevant conditions from the
original planning permission, unless they have already been discharged.
24. I have amended the condition relating to the time to implement the permission
to accord with the original planning permission. I have amended condition 3
and added condition 25 as set out above. These conditions are necessary to
ensure a suitable mix and number of dwellings and provide for affordable
housing in accordance with the Council’s viability appraisal.
25. I have considered the comments made by the parties with regard to conditions.
However, for the reasons set out I have not found it necessary to amend the
other conditions of the permission. I have therefore reapplied the conditions
attached to the original permission for clarity.
Conclusion
26. For the reasons given above the appeal is allowed.
Diane Cragg
INSPECTOR
Schedule of Conditions
1. (a) In the case of any reserved matter, namely appearance, landscaping,
layout and scale of the buildings, application for approval must be made not
later than the expiration of three years beginning on the 12 April 2017;
(b) the development to which the permission relates must be begun not later
than the expiration of two years from the final approval of the reserved
matters or, in the case of approval on different dates, the final approval of
the last matter to be approved.
2. The development hereby permitted shall be carried out in accordance with
the following approved plan: - 1409/01B Proposed site access arrangements.
3. Prior to commencement of development hereby approved, a scheme for the
provision and retention of affordable housing as part of the development
shall be submitted to and approved in writing by the Local Planning
Authority. The affordable housing shall be provided and thereafter retained
in accordance with the approved scheme and shall meet the definition of
affordable housing in Annex 2 of the National Planning Policy Framework or
any future guidance that replaces it. Unless otherwise agreed in writing by
the Local Planning Authority the scheme shall include:
a) the numbers, type, tenure and location on the site of the affordable
housing provision to be made which shall consist of the location on the site
of the affordable housing provision to be made which shall consist of not less
than 9 dwelling units, 4 of which shall be for affordable rent and 5 of which
shall be shared ownership;
b) the timing of the construction of the affordable housing and its phasing in
relation to the occupancy of the market housing;
c) the arrangements for the transfer of the affordable housing to an
affordable housing provider [or the management of the affordable housing];
d) the arrangements to ensure that such provision is affordable for both first
and subsequent occupiers of the affordable housing;
e)the occupancy criteria to be used for determining the identity of occupiers
of the affordable housing and the means by which such occupancy criteria
shall be enforced.
4. The development permitted by this planning permission shall be carried out
in accordance with the approved Flood Risk Assessment (FRA) February
2016, Ref: HYD055_HOLTS.LANE_FRA&SDA by Betts Hydro Consulting
Engineers and the following mitigation measures detailed within the FRA:
• Limiting the surface water run-off generated by the development to
greenfield runoff rate so that it will not increase the risk of flooding
off-site.
• Identification and provision of safe route(s) into and out of the site to
an appropriate safe haven.
• Finished floor levels are set no lower than 150mm following any re-
grade above Ordnance Datum (AOD).
The mitigation measures shall be fully implemented prior to first occupation
and subsequently in accordance with the timing / phasing arrangements
embodied within the scheme, or within any other period as may
subsequently be agreed, in writing, by the local planning authority in
consultation with the lead local flood authority.
5. Prior to the commencement of any development, full details of a surface
water drainage scheme shall be submitted to and agreed in writing by the
Local Planning Authority. For the purpose of this condition, the drainage
scheme shall include;
a) information about the lifetime of the development design storm period
and intensity (1 in 30 & 1 in 100 year +30% allowance for climate
change), discharge rates and volumes (both pre and post
development), temporary storage facilities, means of access for
maintenance and easements where applicable, 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 flood levels in AOD;
b) any works required off-site to ensure adequate discharge of surface
water without causing flooding or pollution (which should include
refurbishment of any existing culverts and headwalls or removal of
unused culverts where relevant);
c) flood water exceedance routes, both on and off site;
d) a timetable for implementation, including phasing where applicable;
e) site investigation and test results to confirm infiltrations rates;
f) details of water quality controls, where applicable.
The scheme shall be fully implemented and subsequently maintained in
accordance with the approved details and the details to be agreed by
condition 6 and in accordance with the timing / phasing arrangements
embodied within the scheme, or within any other period as may
subsequently be agreed, in writing, by the local planning authority.
6. (i) Prior to the commencement of development, a management and
maintenance plan for the sustainable drainage system for the lifetime of the
development shall be submitted to and agreed in writing by the Local
Planning Authority. For the purpose of this condition, this plan shall include:
a) The arrangements for adoption by an appropriate public body or
statutory undertaker, management and maintenance by a Residents'
Management Company;
b) Arrangements concerning appropriate funding mechanisms for its on-
going maintenance of all elements of the sustainable drainage system
(including mechanical components and designed biodiversity features)
and will include elements such as on-going inspections relating to
performance and asset condition assessments, 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;
d) The maintenance and management of any designed biodiversity
features.
(ii) 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.
7. No development hereby permitted shall be first occupied until the
sustainable drainage scheme for the site has been completed in accordance
with the submitted details. The sustainable drainage scheme shall be
managed and maintained thereafter in accordance with the agreed
management and maintenance plan approved under condition 6.
8. Prior to the commencement of development, a scheme for the disposal of
foul waters within the site shall be submitted to and approved in writing by
the Local Planning Authority. The development shall be carried out in
accordance with the approved scheme.
9. Vegetation shall only be removed / cleared outside of the optimum period for
bird nesting (March to July inclusive) unless, before the removal / clearance
commences, a report has been submitted to and approved in writing by the
Local Planning Authority demonstrating that the nesting / breeding birds
have been shown to be absent.
10. Prior to the commencement of development hereby approved, including any
vegetation clearance or ground works, and notwithstanding any information
submitted with the application, a Comprehensive Great Crested Newt
Reasonable Avoidance Measures Method Statement shall be submitted to
and approved in writing by the Local Planning Authority. The Method
Statement shall give full details of how any possible harm to great crested
newts is to be avoided during the course of the development. The
development shall be carried out in accordance with the approved Method
Statement.
11.Prior to the commencement of development hereby approved, including any
vegetation clearance or ground works, a Barn Owl Mitigation Method
Statement, in line with section 5.5 of the submitted Ecological Survey And
Assessment reference (ERAP Ltd ref: 2015_069 and amended April 2016)
shall be submitted to and approved in writing by the Local Planning
Authority. The Method Statement shall give full details of the type, location,
management and maintenance of the barn owl tower. The development shall
be carried out in accordance with the approved Method Statement.
12.Prior to the commencement of development hereby approved, including any
vegetation clearance or ground works, a Landscape and Ecology
Management Plan (LEcoMP) shall be submitted to and approved in writing by
the Local Planning Authority. The approved Plan shall identify the
opportunities for biodiversity enhancement on site including (but not limited
to):
a) Species rich hedgerow planting;
b) Bolstering of hedgerows;
c) Creation of ponds;
d) Bat bricks and/or tubes within the new development;
e) Bat boxes;
f) Bird boxes;
g) Native tree and shrub planting.
The approved scheme shall be implemented in accordance with the approved
scheme details.
13.Prior to commencement of development hereby approved, a scheme which
provides for the assessment, retention and protection of trees, shrubs and
hedges within (or overhanging) the site, which may be affected by the
construction process (apart from those whose removal is approved through
the reserved matters application(s)), shall be submitted to and approved in
writing by the Local Planning Authority in the form of a Tree Protection Plan
and Arboricultural Impact Assessment. The agreed tree protection measures
shall remain until all development is completed and no work, including any
form of drainage or storage of materials, earth or topsoil shall take place
within the perimeter of such protective fencing.
14.Prior to the commencement of the development hereby approved, a
Construction Environmental Management Plan (CEMP) shall be submitted to
and approved in writing by the Local Planning Authority to include details of
the measures proposed during construction to manage and mitigate the
main environmental effects. The following matters shall be addressed:
a) the times of construction activities on site;
b) the parking of vehicles of site operatives and visitors;
c) loading and unloading of plant and materials;
d) storage of plant and materials used in constructing the development; e)
the erection and maintenance of security hoarding including decorative
displays and facilities for public viewing, where appropriate;
f) wheel washing facilities;
g) measures to control the emission of dust and dirt during construction;
h) a scheme for recycling/disposing of waste resulting from demolition and
construction works;
i) measures to prevent disturbance to adjacent dwellings from noise and
vibration, including any piling activity;
j) measures to prevent the pollution of watercourses;
k) measures to avoid light pollution;
l) routes to be used by vehicles carrying plant and materials to and from the
site and measures to be taken to ensure that drivers use these routes as far
as is practicable;
m)management of silt and run-off during the build out of the development.
The development hereby approved shall be carried out in accordance with
the approved CEMP.
15. Prior to commencement of development hereby approved, a desk study
shall be undertaken and agreed in writing by the Local Planning Authority to
investigate and produce an assessment of the risk of the potential for on-site
contamination. If the desk study identifies potential contamination, a
detailed site investigation shall be carried out in accordance with a written
methodology, which shall be submitted to and agreed in writing by the Local
Planning Authority. If remediation measures are then considered necessary,
a scheme for decontamination of the site shall be submitted to, and,
approved in writing by the Local Planning Authority and the scheme
implemented in accordance with the approved details prior to the
development of the site. Any changes to the agreed scheme must be
approved in writing by the Local Planning Authority prior to any works being
undertaken.
16.(a) The residential development hereby permitted shall be designed so that
cumulative noise (from industrial, commercial and transportation sources)
does not exceed: -
• 50dB LAeq 16 hours (07.00 to 23.00) in gardens and outside living
areas, daytime
• 35dB LAeq 16 hours (07.00 to 23.00) - indoors, daytime
• 30dB LAeq 8 hours (23.00-07.00) - indoors, night-time
• 45dB LAFmax (23.00-07.00) - indoors, night-time
• 60 dB LAFmax 8 hours-(23.00-07.00) façade level night time
• 60 dB LAFmax 4 hours-(19.00-23.00) façade level night time
(b) Any mechanical ventilation system shall meet or exceed the
specifications set out in clause 6, schedule 1 of the Noise Insulation
Regulations 1975 with regard to acoustic performance and airflow rates.
(c) Where noise mitigation measures are required to ensure compliance with
the agreed noise levels e.g. acoustic glazing, noise barrier fencing and
ventilation, such mitigation details shall be submitted to and approved in
writing by the Local Planning Authority prior to commencement of
development demonstrating how they would mitigate noise to the approved
levels together with a timetable for implementation. The approved noise
mitigation measures shall be implemented in accordance with the approved
timescale and shall thereafter be maintained and retained.
17.Prior to the commencement of the development hereby approve, an
assessment and a scheme for the mitigation of intrusive lighting effects from
the railway shall be submitted to and approved in writing by the Local
Planning Authority. The assessment and the mitigation measures shall
demonstrate that the lighting will be in accordance with the institution of
Lighting Professionals.' "Guidance Notes for the Reduction of Obtrusive Light
GN01:2011" and shall be oriented and screened to mitigate light spillage
from the railway onto the development.
The light intrusion into the windows of any residential premises shall not
exceed 10 Lux before 23.00, and 2 lux after 23.00 (Environmental Zone E3).
The mitigation measures shall be installed prior to the first occupation of any
of the dwellings or the completion of the development whichever is the
earliest and shall be maintained thereafter.
18.As part of any reserved matters application where layout is applied for,
public open space shall be provided on site in accordance with the
requirements of saved Policy H13 of the adopted Wyre Borough Local Plan
(1999), or any equivalent policy in an adopted Local Plan that replicates the
existing Local Plan, and such area or areas of open space shall be provided
and made available for use, and shall thereafter be retained and maintained
for use by the public in accordance with a scheme which shall be submitted
to and approved in writing by the Local Planning Authority prior to the first
occupation of any dwelling on the site.
19. No development shall take place within the area indicated until the
applicant, or their agents or successors in title, has secured the
implementation of a programme of archaeological work in accordance with a
written scheme of investigation (which shall include the timetable for the
investigation) which has been submitted by the applicant and approved in
writing by the Local Planning Authority.
20.The land indicated on drawing SAF(001) submitted with the planning
application shall be safeguarded for use in connection with the construction
of a railway footbridge and ramped access required by Network Rail in
connection with the electrification of the Blackpool-Preston-Manchester line,
unless written confirmation is provided by Network Rail to the Local Planning
Authority that this safeguarded land is no longer required for such purpose.
Prior to construction work on the railway footbridge and ramped access, the
land shall be used in connection with no other development hereby approved
other than in accordance with landscaping details to be approved at the
reserved matters stage.
21.No part of the development hereby approved shall commence until a
timescale for the construction of the site accesses and the agreed scheme of
off-site works of highway improvement has been submitted to, and approved
in writing by, the Local Planning Authority in consultation with the Highway
Authority. The highway improvements shall thereinafter be constructed in
accordance with the agreed timescale. The agreed scheme of highway
improvements/works are as shown on drawings 1409/01/ B, 1409/05/B,
1409/07, 1409/08/A and 1409/09/A and include:
• Resurfacing of footway on both sides of Site Access 1 including
dropped kerbs and tactile paving.
• Resurfacing of footway on both sides of Site Access 2 including
dropped kerbs and tactile paving.
• Resurfacing of footway the south side of Holts Lane between Site
Access 1 and Brockholes Crescent.
• Repatch and repair existing footway on east side of Holts Lane
between Brockholes Crescent and proposed pedestrian refuge on
Garstang Road East.
• Introduce tactile paving at the junction of Holts Lane with Brockholes
Crescent.
• Introduce tactile paving at the junction of Edenfield Avenue with Holts
Lane.
• Introduce dropped kerbs and tactile paving at the junction of
Broadfield Avenue with Holts Lane.
• Revise layout of Main Drive/Brockholes Crescent junction to reduce
bell mouth and introduce dropped kerbs and tactile paving to provide
a safer environment for pedestrians.
• Introduce tactile paving and junction treatment at the junction of
Holts Lane with Garstang Road East.
• Introduce tactile paving and junction treatment at the junction of
Argyle Road with Garstang Road East.
• Introduce pedestrian/cycle refuge on Garstang Road East in the
vicinity of the junction with Holts Lane. Pedestrian/cycle refuge to be
sited on the desire line of residents of the proposed development
undertaking trips to Tesco, Hodgson Academy and Poulton town
centre.
• Widen footway on the north side of Garstang Road East between
Lower Green to a point beyond Argyle Road. With surface treatment at
the Tesco access and egress.
• Introduce tactile paving and junction treatment at the junction of Carr
Head Lane with Garstang Road East.
• Revise existing pelican crossing facilities at Garstang Road East/Lower
Green junction to 'Toucan' type.
• Revise existing pelican crossing facilities at Garstang Road
East/Garstang Road West/Hardhorn Road junction to 'Puffin' type.
Introduce 3.0m wide shared footway/cycleway along the north side of
Garstang Road East between Lower Green and Argyle Road (distance
of circa 200m), with pedestrian/cycle refuge on Garstang Road East in
the vicinity of the junction with Holts Lane.
• Introduce 'Toucan' format crossing facilities at Lower Green/Garstang
Road East junction. Upgrade 2no bus stops (with shelters) on
Garstang Road East. These are located at (iii) Westbound services:
90m east of Holts Lane; (iv) Eastbound services: 120m west of Holts
Lane.
• Introduce a new stop on Carr Head Lane. Details to be agreed.
Garstang Road East / Holts Lane junction - introduce right turn lane
waiting areas on Garstang Road East to cater for movements into
Holts Lane and Argyle Road (Drg No 1409/09/A).
• Garstang Road East / Carr Head Lane junction - increase width of right
turn lane on Garstang Road East to assist right turn movements out of
Carr Head Lane (Drg No 1409/07).
• Hardhorn Road / Highcross Road / Beech Drive junction - introduce
'KEEP CLEAR' markings on Hardhorn Road at the Beech Drive and
Highcross Road junctions with supporting surface treatment (Drg No
1409/08/A).
22.The approved Travel Plan (Ashley Helme, November 2016, Report Reference
1409/3/C) must be implemented in full in accordance with the timetable
contained within it unless otherwise agreed in writing with the Local Planning
Authority. All elements shall continue to be implemented at all times
thereafter for as long as any part of the development is occupied or used/for
a minimum period of at least 5 years.
23.As part of any reserved matters application where layout is applied for, a
footpath link / links shall be provided on site between the application site
and the land to the west. The approved footpath link(s) is only to be
provided in the event that development on the land to the west is permitted.
In which case, the footpath link shall be constructed in accordance with the
approved details prior to development on land to the west being first
occupied.
24.No dwellings shall be first occupied until the provision of electric vehicle
charging points are provided for the dwelling to which they relate, and such
provision shall be permanently retained for that purpose thereafter.
25.The development hereby permitted is for 102 dwelling units only which shall
comprise of the following housing mix schedule:
• 4 x 1 bed dwelling units
• 8 x 2 bed dwelling units
• 66 x 3 bed dwelling units
• 24 x 4 bed dwelling units
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Appeal Details
LPA:
Wyre Borough Council
Date:
1 April 2020
Inspector:
Cragg D
Decision:
Allowed
Type:
Planning Appeal
Procedure:
Written Representations
Development
Address:
Land off Holts Lane, Poulton le Fylde, FY6 8HP
Type:
Major dwellings
Site Area:
4 hectares
Quantity:
130
LPA Ref:
18/00680/OULMAJ
Case Reference: 3241233
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