Decision details

Preston City and Fylde Borough: Application number. LCC/2016/0046
Development of new highways including Preston Western Distributor Road, Cottam Link Road and East West Link Road. The development includes a new motorway junction to the M55 togeth

Decision status: Recommendations approved

Is Key decision?: No

Decisions:

A report was presented on an application for the development of new highways including Preston Western Distributor Road, Cottam Link Road and East West Link Road on land in Lea, Cottam and Bartle and to the west and north of the existing built up area of Preston.

 

The committee was reminded that at their meeting held on 4 October 2017, they had resolved to approve the application, subject to the signing of a section 106 agreement in relation to the provision and retention of off-site bat mitigation measures.

 

In the meantime, the applicant had undertaken further design work on the proposed highway and associated mitigation measures and proposed a number of amendments to the previously submitted scheme. These included a proposed diversion route for the Hodder Aqueduct, noise mitigation measures and details of the mitigation measures for bats.

 

The report included the views of the county council's Specialist Advisor (Ecology) and Natural England.

 

It was also reported that since the application was considered in October 2017, a landowner had served a pre action protocol letter on the county council giving details of their intention to apply to the High Court for a judicial review of the Preston Western Distributor Road scheme.

 

The council's response to the issues raised in the pre action protocol letter were set out in the committee report.

 

The Development Management Officer presented a PowerPoint presentation showing an aerial photograph of each section of the proposed highway and the nearest residential properties. The committee was also shown illustrations of the proposed diversion route of the Hodder Aqueduct together with photographs of each section of the proposed highways.

 

The officer reported orally that since the report had been published two further letters of representation have been received from DPP, a consultant working on behalf of Tom Barron Farms Ltd, a land owner at the northern end of the scheme. A summary of the issues and the response to the issues raised was set out in the 'Update Sheet' circulated at the meeting (Copy set out at Annex A to the Minutes)

 

Mr Purser of DPP Planning addressed the committee on behalf of his client. He advised that his client did not wish to frustrate the development provided that their land was not rendered inaccessible to the bypass. Their support for the scheme was conditional upon securing a direct roundabout access south of M55 Junction 2.  They felt that such a roundabout would not only serve their land, but it would render the delivery of the scheme considerably cheaper and would furthermore facilitate a future expansion of North West Preston as a strategic development site. Mr Purser also reiterated the issues set out in the pre action protocol letter in relation to his client's view that the scheme should be promoted through a Development Consent Order rather than a planning application. It was also felt that the county council should undertake a revised screening assessment of the project in the light of recent case law regarding the impacts of developments on European wildlife sites.

 

The officers reiterated their response to the above issues as set out in the committee report. The officers also advised that the county council's response had been confirmed by the legal advice from their own Counsel and therefore the landowners view was not supported. In response to requests for clarification from members, officers explained that a judicial review application had been lodged by Tom Barron Farms Ltd but that even if the committee approved the planning application today, it would be some time before commencement of development which would allow time for the matters in dispute to be determined by the courts.  It was also explained that there may, in the future, be an opportunity to construct a further roundabout to facilitate additional development as proposed by Tom Barron Farms Ltd, but this would need to take the normal course of an application to Preston City Council. 

 

Officers responded to questions raised by the members with regard to the impact of the scheme on the Guild Wheel, following which it was:

 

Resolved:- That after first taking into consideration the environmental information, as defined in the Town and Country Planning (Environmental Impact Assessment) Regulations 2011, and subject to a section 106 agreement relating to the provision and retention of off-site bat mitigation measures, planning permission be granted subject to the conditions set out in the report to the committee.

 

Report author: Jonathan Haine

Date of decision: 14/11/2018

Decided at meeting: 14/11/2018 - Development Control Committee

Accompanying Documents: