Agenda item

Erection of 21 dwellings with garages, formation of adoptable road, private road and parking spaces, and new car park and beer garden for the Liberal Club at Birkenshaw Liberal Club, 10 Croft Street, Birkenshaw.

Contact: Katie Chew, Planning Services

Ward affected: Birstall and Birkenshaw

Approval delegated.

The Committee considered Application 2024/91853 for the erection of 21 dwellings with garages, formation of adoptable road, private road and parking spaces, and new car park and beer garden for the Liberal Club at Birkenshaw Liberal Club, 10 Croft Street, Birkenshaw.

Under the provisions of Council Procedure Rule 37, the Committee received representations from Joe Flanagan (agent) and Paul Frain (applicant).

RESOLVED –

(1)      That approval of the application and the issuing of the decision notice be delegated to the Head of Planning and Development in order to:

(a)  complete the list of conditions including those contained within the report, as set out below, and subject to the amendment of Condition 11* to require an updated Construction Management Plan to include provisions to ensure operation of the Liberal Club is maintained during construction, including in respect of deliveries, bin emptying and customer parking:

1.     Three years to commence development.

2.     Development to be carried out in accordance with the approved plans and specifications.

3.     Materials for walls and retaining structures shall comprise of Marshall’s Cromwell reconstituted pitched face stone.

4.    Surfacing and drainage of approved vehicle parking areas.

5.    Visibility splays to be provided.

6.    Means of access to and from the site shall be in accordance with the preliminary access design(s) show on plan ref: PRGN-2318-HGM-DR-CH-0001C.

7.    Management of waste.

8.    Highway condition survey.

9.    Relocation of bus stop.

10.   Development undertaken in accordance with Noise Impact Assessment.

11.* Development in accordance with Construction Management Statement.

12.   Submission of a remediation strategy.

13.   Implementation of remediation strategy.

14.   Submission of Verification Report.

15.   Electric Vehicle Charging Points.

16.   Construction Environment Management Plan (Biodiversity).

17.   Submission of a Landscape Management and Maintenance Plan (LMMP).

18.   Details of cycle storage for all dwellings.

19.   Provision of pedestrian connection.

20.   Removal of permitted development rights for outbuildings and extensions on all dwellings.

21.   Detailed design scheme for foul surface water and land drainage.

22.   Roofing materials – prior to their use.

23.   Development in accordance with Preliminary Ecological Appraisal.

24.   Development in accordance with Arboricultural Impact Assessment.

25.   Development in accordance with Arboricultural Method Statement and Tree Protection Plan.

26.   Unexpected tree works.

27.   No obstruction over or within 3 metres of the public water main.

28.   Submission of a scheme detailing the location and cross-sectional information and construction/design details for all new retaining walls/building retaining walls adjacent to the existing/proposed adoptable highway.

29.   Submission of a scheme detailing the location and cross-sectional information and construction/design details for all new surface water attenuation tanks/pipes/manholes located within the proposed highway footprint or influence zone of highway loading.

(b) secure a Section 106 agreement to cover the following matters:

1.    Affordable Housing – 3 x First Homes (14% provision).

2.    Public Open Space – Off-site contribution to local Public Open Space of £57,615.35.

3.    Highways – £10,000 towards funding waiting restrictions at the site access onto Old Lane.

4.    Management and Maintenance – Management and maintenance of drainage features in perpetuity (unless adopted by the statutory undertaker), informal Public Open space on site in perpetuity and Biodiversity Net Gain measures for a minimum of 30 years.

(2)      That, in the circumstances where the Section 106 agreement has not been completed within 3 months of the date of the Committee’s resolution then the Head of Planning and Development shall consider whether permission should be refused on the grounds that the proposals are unacceptable in the absence of the benefits that would have been secured; and if so, the Head of Planning and Development be authorised to determine the application and impose appropriate reasons for refusal under delegated powers.

A recorded vote was taken, in accordance with Council Procedure Rule 42(5), as set out below:

For: Councillors Armer, Homewood, Pinnock, Scott, Sokhal and Thompson (6 votes)

Against: 0 votes.