1 Application Number: 11/17/0282 Full Application: Major: Resubmission of planning application 11/15/0347: Erection of 42 no houses, 8 no apartments with associated access and landscaping (following demolition of existing structures). Address: Former Britannia Mill, Spring Street Determination by: 25 th September 2017 Applicant: Mr J Emmanuel Agent: D K Seddon The application is being presented to Planning Committee as the Chief Planning Officer would like Planning Committee to consider the proposal. Human Rights The relevant provisions of the Human Rights Act 1998 and the European Convention on Human Rights have been taken into account in the preparation of this report, particularly the implications arising from the following rights:- Article 8 The right to respect for private and family life, home and correspondence. Article 1 of Protocol 1 The right of peaceful enjoyment of possessions and protection of property. Application Site: The application site measures 0.82ha and comprises a site previously occupied by the former Bridgefield and Britannia Mill. The site is now in a derelict and demolished state, lying to the rear of dwellings fronting Spring Street. It is bordered by the Leeds and Liverpool Canal to the East, and further residential land use to the north and south, located on Well Street. The site is located adjacent to Spring Street located off Hermitage Road (A678) which forms the main arterial route through Rishton. The northern section of the site includes an access road located off Bridge Street, an electrical substation, and collections of debris and rubble from previous demolition work on site. The southern section is inhabited by trees of low to medium height, overgrown shrubbery and vegetation, areas of hard standing and collections of debris and rubble.
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Application Number: 11/17/0282
Full Application: Major: Resubmission of planning application 11/15/0347:
Erection of 42 no houses, 8 no apartments with
associated access and landscaping (following demolition
of existing structures).
Address: Former Britannia Mill, Spring Street
Determination by: 25th September 2017
Applicant: Mr J Emmanuel
Agent: D K Seddon
The application is being presented to Planning Committee as the Chief Planning
Officer would like Planning Committee to consider the proposal.
Human Rights
The relevant provisions of the Human Rights Act 1998 and the European Convention on
Human Rights have been taken into account in the preparation of this report, particularly the
implications arising from the following rights:-
Article 8
The right to respect for private and family life, home and correspondence.
Article 1 of Protocol 1
The right of peaceful enjoyment of possessions and protection of property.
Application Site:
The application site measures 0.82ha and comprises a site previously occupied by the
former Bridgefield and Britannia Mill. The site is now in a derelict and demolished state, lying
to the rear of dwellings fronting Spring Street. It is bordered by the Leeds and Liverpool
Canal to the East, and further residential land use to the north and south, located on Well
Street. The site is located adjacent to Spring Street located off Hermitage Road (A678)
which forms the main arterial route through Rishton.
The northern section of the site includes an access road located off Bridge Street, an
electrical substation, and collections of debris and rubble from previous demolition work on
site. The southern section is inhabited by trees of low to medium height, overgrown
shrubbery and vegetation, areas of hard standing and collections of debris and rubble.
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Proposed Development:
The application seeks planning permission for 42no dwelling houses and 8no apartments
the houses would consist of a number of different house types; 8no 2bed semi-detached on
Spring Street, 16no 3 bed town houses with integral garages along the canal (in sets of 4),
9no 3 bedroom semi-detached houses with integral garages within the site, 4no 3 bed semi
detached houses within the site, 3no 3 bed semi-detached houses within the site, 2no 4 bed
semi-detached town houses within the site, 2no 1bed apartments and 6no 2 bed
apartments. The main access to the site would be from Spring Street, down Shuttleworth
Street. The application is proposing 50 dwellings on a site of 0/92ha, which provides a
density of 54 houses per hectare.
The apartment block would be located at the canal side, on the corner of Bridge Street in the
North West corner of the site, adjacent to the electricity sub-station. The block would have a
controlled sliding gate along Bridge Street, and would also have a controlled pedestrian gate
access to and from the remainder of the site.
There would be a path and hedgerow separating the canal side properties from the canal,
and providing access for bins to be moved from the rear of the properties to the front.
Parking would be provided on site at 200%, and 8no cycle spaces would be provided to
serve the apartments. All the proposed houses would have gardens and there would be
communally landscaped areas at the apartments.
Consultations:
Neighbour notifications and site notices: One letter of objection has been received; the
issues raised are as follows:
• Security of objector’s property as a result of the removal of the boundary wall, and
associated loss of plant life and sheds abutting the garden wall.
LCC Highways: Confirmation that comments remain the same as per 11/15/0347 as the
scheme has not changed.
The site layout plan 10297 200 Rev E was previously agreed with the Highway
Authority
A request for a contribution of £20,000 for works to the canal towpath between
Rishton and Blackburn cycle route 6 to promote sustainable travel was previously
requested and is still required.
The following conditions are recommended:
Construction Management Plan is produced
Wheel washing facilities
Surfacing/paving of apartment block car park
The new estate road/access shall be constructed in accordance with the
Lancashire County Council Specification for Construction of Estate Roads to at
least base course level.
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Visibility splays
Scheme for the construction of the site access and the off-site works of highway
improvement.
LCC Education: No request has been made.
Designing Out Crime Officer: Comments have been received which provide advice in
relation to the finer detail of the development.
Lead Local Flood Authority: owing to the fact that the previous planning application was
refused following an objection from the Lead Local Flood Authority, their consultation
response has been set out in full below.
Thank you for inviting the Lead Local Flood Authority (LLFA) to comment on the above
application. The Flood and Water Management Act 2010 sets out the requirement for LLFAs
to manage 'local' flood risk within their area. 'Local' flood risk refers to flooding or flood risk
from surface water, groundwater or from ordinary watercourses. Comments provided in this
representation, including conditions, are advisory and it is the decision of the Local Planning
Authority (LPA) whether any such recommendations are acted upon. It is ultimately the
responsibility of the Local Planning Authority to approve, or otherwise, any drainage strategy
for the associated development proposal. The comments given have been composed based
on the current extent of the knowledge of the LLFA and information provided with the
application at the time of this response.
Discharge to Combined Sewer/Surface Water Sewer/Highway Drain/Existing Drainage
System
It is evident from the Percolation Drawing that the applicant intends to discharge surface
water to the Leeds and Liverpool Canal.
The Planning Practice Guidance (PPG) establishes a hierarchy for surface water disposal,
which encourages a SuDS approach:
Generally, the aim should be to discharge surface run off as high up the following hierarchy
of drainage options as reasonably practicable:
· into the ground (infiltration);
to a surface water body;
· to a surface water sewer, highway drain, or another drainage system;
· to a combined sewer.
Particular types of sustainable drainage systems may not be practicable in all locations. It
could be helpful therefore for local planning authorities to set out those local situations
where they anticipate particular sustainable drainage systems not being appropriate.
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No Objection to Proposed Discharge Point
The applicant has provided evidence which demonstrates why discharge options into the
ground (infiltration) and therefore, the Lead Local Flood Authority considers the proposed
runoff destination to the Canal is acceptable subject to the Canal Trust's agreement.
Sustainable Drainage Systems: General Advice
Paragraph 103 of the National Planning Policy Framework (NPPF) and Written Statement
on Sustainable Drainage Systems (HCWS161) requires that surface water arising from a
developed site should, as far as it is practicable, be managed in a sustainable manner to
mimic surface water flows arising from the site prior to the proposed development, whilst
reducing flood risk to the site itself and elsewhere, taking climate change into account.
The Lead Local Flood Authority encourages that site surface water drainage is designed in
line with the Non-Statutory Technical Standards for Sustainable Drainage Systems and
Planning Practice Guidance, including restricting developed discharge of surface water to
greenfield runoff rates making suitable allowances for climate change and urban creep,
managing surface water as close to the surface as possible and prioritising infiltration as a
means of surface water disposal where possible.
Regardless of the site’s status as greenfield or brownfield land, the Lead Local Flood
Authority encourages that surface water discharge from the developed site should be as
close to the greenfield runoff rate as is reasonably practicable in accordance with Standard
2 and Standard 3 of the Non-Statutory Technical Standards for Sustainable Drainage
Systems.
Sustainable drainage systems offer significant advantages over conventional piped drainage
systems in reducing flood risk by attenuating the rate and quantity of surface water run-off
from a site, promoting groundwater recharge absorbing diffuse pollutants and improving
water quality. Ponds, reedbeds and seasonally flooded grasslands can be particularly
attractive features within public open space. The wide variety of available sustainable
drainage techniques means that virtually any development should be able to include a
scheme based around these principles and provide multiple benefits, reducing costs and
maintenance needs.
Multi-Functional SuDS
The multifunctional potential of sustainable drainage systems (SuDS) should be exploited to
maximise their cost effectiveness, regardless of the size of development site. Early design
consideration is advised to build SuDS into multi-functional spaces and build up a network of
SuDS that manage runoff close to its source to avoid the need for large storage areas.
Designing green space and public realm with SuDS that work well when both wet and dry
can provide valuable community recreational space as well as important blue and green
infrastructure. Sports pitches, squares, courtyards, playgrounds, landscapes around
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buildings, urban parks, green corridors and woodlands are all popular types of open space
which can be integrated with SuDS. SuDS can also contribute to development targets for
open space where they are designed to be multi-functional.
On smaller development sites, space efficient SuDS can still be incorporated and include,
for example, green roofs, bioretention gardens, permeable paving, rills, rainwater
harvesting, hardscape storage, micro-wetlands, and bioretention tree pits.
Lead Local Flood Authority Position
The Lead Local Flood Authority has no objection to the proposed development subject to
the inclusion of the following conditions, in consultation with the Lead Local Flood Authority:
Condition 1 - Appropriate surface water drainage scheme to be submitted
No development shall commence until details of the design, based on sustainable drainage
principles, and implementation of an appropriate surface water sustainable drainage
scheme have been 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) The drainage strategy should demonstrate that the surface water run-off must not
exceed the pre-development greenfield runoff rate. The scheme shall subsequently
be implemented in accordance with the approved details before the development is
completed.
c) Any works required off-site to ensure adequate discharge of surface water without
causing flooding or pollution (which should include refurbishment of existing culverts
and headwalls or removal of unused culverts where relevant);
d) Flood water exceedance routes, both on and off site;
e) A timetable for implementation, including phasing as applicable;
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
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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.
3. To ensure that water quality is not detrimentally impacted by the development
proposal.
Condition 2 - No Occupation of Development until completion of SuDS in accordance
with agreed SuDS Scheme and Management & Maintenance Plan
No development hereby permitted shall be 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.
Reasons
1. To ensure that the drainage for the proposed development can be adequately
maintained.
2. To ensure that there is no flood risk on- or off-the site resulting from the proposed
development or resulting from inadequate the maintenance of the sustainable
drainage system.
Condition 3 - Surface Water Lifetime Management and Maintenance Plan
No development shall commence until details of an appropriate management and
maintenance plan for the sustainable drainage system for the lifetime of the development
have been submitted which, as a minimum, 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 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.
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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.
If there are any material changes to the submitted information which impact on surface
water, the local planning authority is advised to consider re-consulting the LLFA. Please