report to: planning committee date of meeting: 30th march ... - dc-2015-0218… · ref:...

Report to: Planning Committee

Date of Meeting: 30th March 2016

Subject: DC/2015/02186 Land Adjacent To Town Lane And Birkdale Cop, Kew, Southport

Proposal: Variation of Condition 45 attached to planning permission referenced

S/2012/0400 granted 6 March 2014 involving the re-plan of Phase 2 to substitute 113 dwellings (Plots B1-B45, B58, C1-C17 & C47-C96) with 104 dwellings (Plots 35-70 & 83-150)

Applicant: Mrs Jacquelyn Colquhoun

Agent: David Wilson Homes North West

Report of: Head of Planning Services

Wards Affected: Kew Ward

Is this a key decision? No

Is it included in the Forward Plan? No

Exempt/Confidential No

Summary The proposal is for a variation of condition 45 attached to S/2012/0400 to replan phase 2 of the approved development. This involves a change of house types and reduction in the number of units from 113 to 104. The proposed change in numbers is considered to be acceptable and the change in dwelling type will not have an adverse impact upon existing properties. Due to the application being a variation of condition and with the change in numbers a new section106 agreement will need to be entered into but this is not expected to change in substance. Recommendation Approve with Conditions Approval subject to completion of Section 106 Agreement covering the following:

- Management and maintenance of all public open spaces, including the SuDS - The delivery of affordable housing setting out tenures, rental levels nomination - rights and the timing of delivery - Age of occupancy for the Extra Care Village to over 55 only - Commitment to working with Build Sefton to secure opportunities for Local

Labour, - Commuted sum payment towards improved capacity and safety at roundabout - junction - Off site highway works as required outside the Sefton borough.

Implementation Date for the Decision Immediately following the Committee meeting Contact Officer: Steve Matthews

Tel: 0345 140 0845 (Option 4)

Case Officer: Mr David Robinson

Tel: 0345 140 0845 (Option 4)

Email [email protected] Background Papers The full planning application including all supporting documents, plans and reports can be viewed at http://pa.sefton.gov.uk/online-applications/

http://pa.sefton.gov.uk/online-applications/

The Site

The site is the large development site at Town Lane and Birkdale Cop in Kew. Proposal Variation of Condition 45 attached to planning permission referenced S/2012/0400 granted 6 March 2014 involving the re-plan of Phase 2 to substitute 113 dwellings (Plots B1-B45, B58, C1-C17 & C47-C96) with 104 dwellings (Plots 35-70 & 83-150) History Planning Applications Ref: DC/2015/00787, Proposal: Approval of Details reserved by conditions: 14a, 15a, 24, 26a, 35a, 36a & b and 37 pursuant to planning application DC/2012/0400 - phase 1 of the development., Decision: Approved, Decision Date: 24-AUG-15, Ref: S/2012/0400, Proposal: Part (A) Erection of 669 houses and apartments; an extra care development comprising of 126 homes and 44 bed respite and dementia care building; a unit comprising 216 sq m retail; associated hard and soft landscaping and new access and highways. Part (B) Outline planning permission for a business park with uses B1, B2, B8 and Sui Generis car showroom, Decision: Approved, Decision Date: 06-MAR-14, Ref: DC/2014/00844, Proposal: Non material amendment to plots A11-A26 pursuant to planning application S/2012/0400 approved 06/03/2004, Decision: Approved, Decision Date: 01-MAY-14, Ref: DC/2014/01371, Proposal: Approval of Details Reserved by Conditions; 2a, 3a, 5a, 7a, 9, 11a, 12a, 18a, 20a, 21a, 30, 31a (Enablement Works Phase), 36, 37, 39a and 40a pursuant to planning application S/2012/0400 approved 06/03/2014 (Phase 1 and Enabling Works), Decision: Approved, Decision Date: 07-JAN-15, Ref: DC/2015/01813, Proposal: Non-material amendment following a grant of planning permission referenced S/2012/0400 approved 6 March 2014 - for amendments to internal layout and external appearance of Plots A27-A34, Decision: Approved February 2016 Ref: DC/2015/01779, Proposal: A non-material amendment application pursuant to planning application S/2012/0400 to amend the external appearance of the building, Decision Approved February 2016 Ref: DC/2015/01517, Proposal: Non-Material Amendment pursuant to planning application S/2012/0400 approved 6 March 2014 - for amendments to parking arrangements for Plots A9-A22 and improvement of street-scene to Plots A23-A26, Decision: Approved February 2016.

Ref: DC/2015/02124, Non-material amendment following a grant of planning permission referenced S/2012/0400 approved 6 March 2014 - removal of underpasses and introduction of lay-bys. Decision approved: 18-DEC-2015. Ref: DC/2015/01875 Proposal Approval of details reserved by condition numbers 3a, 14a, 15a and 21 attached to planning application S/2012/0400 granted 06.03.2014. (Phase 1) - awaiting decision. Consultations Building Control A separate Building Regulation application will be required for this phase. However in terms of Building Regulation requirements B5 (Access and Facilities for the Fire Service), h6 (Solid Waste Storage) and M1 (Access To and Use of Buildings) the plans submitted to planning show compliance, though its assumed level access will be provided to the principal entrance of each new dwellinghouse. Environmental Protection No objections. Contaminated Land Team - Environment No objections subject to contaminated land conditions. Environment Agency No Comment Received. Flooding And Drainage The Lead Local Flood Authority has no objection to the variation as it does not suggest it impacts the drainage Highways Development Design There are no objections to the proposals as there are no highway safety implications. There will still be sufficient car parking associated with the proposed layout. Merseyside Environmental Advisory Service No objections Local Plan Team No Comment Received.

Neighbour Representations Last date for replies: 10th March 2016 Comments received from 7, 17 and 27 Winston Crescent, summarised below:

• Concern about the height of the development and potential overshadowing , privacy and also causing drainage issues.

• Concerns about the work that is being carried out in relation to noise and

disturbance for residents and expresses concerns over the piling and future work.

• Request for a landscaping buffer to be put between the dwellings and the new

estate as in phase 1.

• No information on the web site for the public to view. Policy The application site is situated in an area allocated for housing on the Council’s Adopted Unitary Development Plan. The following policies apply: NPPF National Planning Policy Framework Unitary Development Plan CS3 Development Principles H4 Land at Town Lane DQ1 Design H10 Residential Development and Development in Primarily Residential Areas SPD New Housing Development Emerging Local Plan (January 2016) SD1 Presumption in Favour of Sustainable Development SD2 Principles of Sustainable Development HC2 Housing Type, Mix and Choice HC3 Residential Development and Development in Primarily Residential Areas EQ2 Design The draft policies above were subject to discussion at the recent Local Plan Examination and have been given weight in forming this recommendation.

Whilst changes may subsequently be made to a number of these policies, particularly where there are remaining objections, or where the Inspector has indicated he needs to give them further consideration, those with no objections or modifications may be regarded to carry full weight. Assessment of the Proposal The proposal is for a variation of condition 45 attached to S/2012/0400 to replan phase 2 of the approval involving a change of house types and reduction in the number of units from 113 to 104. Condition 45 is as follows: 45. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved and shall not be varied other than by prior agreement in writing by the Local Planning Authority. Reason: To ensure a satisfactory development. The committee report for S/2012/0400 is attached as appendix A. The reason why the application is required is because the change in units and change in house types for so many dwellings is material and therefore cannot be considered as a non-material amendment. Since the original application was approved there have been three applications to discharge conditions – DC/2014/01371, DC/2015/00787 and DC/2015/01875 – relating primarily to enabling works and to phase 1 of the development which is under construction. There has also been a Non-Material Amendment to plots 71-82 on phase 2 for some very minor changes. Those plots are not part of this application. The main issues are:

• Neighbouring Amenity • Design • Section106 and conditions • Response to residents’ concerns • Other issues

Neighbouring Amenity The proposal borders neighbouring properties on Winston Crescent, Ruddington Road and Folkestone Road. The layout of the properties on this side are very similar to those previously approved with only small changes to the layout. There are a few slightly larger rear garages, particularly at the northern end of the site but far fewer of them. The footprints of the houses are very similar and they comply with interface distances for rear facing windows. The exceptions are in relation to nos.5 and 17 Winston Crescent which are slightly less than 21 metres from the proposed properties. However they are at angles to the proposal with the main buildings having few main windows facing the proposal although no.17 does have a conservatory. The proposed buildings are in any case in the same

location as the approved drawings. The proposal will not result in an increase in harm to the amenity of neighbouring properties. The proposal also includes some second floor rooflights. These were included in the previous scheme but on different plots to where there are proposed now. All the rooflights comply with the interface distances in the “SPD New Housing Development”. Design and Layout The proposal will involve an alteration in house types. All are of a modern design and a mix of 1, 2, 3 and 4 bedroom properties. All are of a good quality of design and comply with policy DQ1 and the SPD New Housing Development. Most of the houses greatly exceed the SPD garden space standards although a few are sub-standard. However compared to the existing approved scheme, significantly more now meet the standards. The other main change is that the number of dwellings has altered and reduced by 9. The main changes are within the site and not adjoining site boundary. It is not considered that the reduction in numbers will be harmful to the character and layout of the site. Section 106 agreement and Conditions Whilst the scheme is only for a change in house type and a small reduction in numbers of units, the permission is effectively a new permission for the site. Therefore the conditions for the original application will need to be reattached and a new linked Section 106 will need to be agreed between all of the parties. It is not the intention of the developer to make any material changes to the s106 agreement. Therefore it is recommended that if permission is granted it should be subject to agreeing a linked s106 covering the following as agreed on the original application: - Management and maintenance of all public open spaces, including the SuDS - The delivery of affordable housing setting out tenures, rental levels nomination rights and the timing of delivery - Age of occupancy for the Extra Care Village to over 55 only - Commitment to working with Build Sefton to secure opportunities for Local Labour - Commuted sum payment towards improved capacity and safety at roundabout junction - Off site highway works as required outside the Sefton borough. Response to residents’ concerns In response to the comments that plans weren’t available to view - the plans have been on the website for public viewing during the notification period. Concerns have been raised about the noise and disturbance on the site. It is only to be expected that some disturbance will take place on a development of this size. However this is not a material planning consideration and is a matter to take up with the contractors. The Council can only intervene where there is a statutory nuisance. One neighbour has asked if a landscaping strip can be provided between phase 2 and existing housing. The original application includes approved dwellings in this location and they were assessed then and now to be acceptable. It is not therefore considered that a landscape strip is necessary.

A number of concerns have been raised over the height of the land during construction and there are concerns that land may be considerably raised within this part of the site creating issues of overlooking, overshadowing and drainage problems. The developer has submitted sections showing that the proposed levels and these are shown to be +/-15cm of the approved floor levels. This is not considered to be a material alteration to the approved plans. In relation to drainage, the developer will be required to submit drainage plans for both surface water and foul water in order to discharge conditions. Other issues The proposal will result in a change of housing mix with a reduction in 1 and 3 bedroom properties and an increase in 2 and 4 bedroom properties. The Emerging Plan policy – HC2 – Housing type, Mix and Choice – would encourage more 1 and 2 bed properties. However this policy is subject to unresolved objections and as such has little weight. There are no highways objections connected with the proposal. Conclusions The proposed change in house types and numbers is not considered to cause any significant harm to neighbouring properties and is acceptable in design. Therefore it is recommended that the application be granted permission subject to conditions and a linked Section 106 agreement as set out above. Recommendation Approve with Conditions subject to completion of Section 106 Agreement covering the following:

- Management and maintenance of all public open spaces, including the SuDS, - The delivery of affordable housing setting out tenures, rental levels nomination rights

and the timing of delivery, - Age of occupancy for the Extra Care Village to over 55 only, - Commitment to working with Build Sefton to secure opportunities for Local

Labour, - Commuted sum payment towards improved capacity and safety at roundabout

junction – Off site highway works as required outside the Sefton borough.

Conditions This application has been recommended for approval, The following conditions and associated reasons apply: Full Schedule of Conditions: (A) - Erection of 669 houses and apartments; an extra care development comprising of 126 homes and 44 bed respite and dementia care building; a unit comprising 216 sq m retail; associated hard and soft landscaping and new access and highways (the Development Site) 1. The development hereby permitted shall be commenced before the expiration of

five years from the date of this permission.

Reason: To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.

2. a) A detailed phasing scheme for each of the Residential, Extra Care and

Commercial scheme (and phase within such scheme where appropriate) including proposed order of development, including remediation/other ground works, location of construction compound(s) build phase, sequence of highway works, delivery of open spaces and all other external works shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development of each scheme.

b) The first phase shall make specific provision for the delivery of all development fronting the re-aligned Town Lane unless the Local Planning Authority gives its express consent to any variation.

c) The submitted phasing plan for the first phase shall make specific provision for the remediation of all land associated with the Extra Care scheme within 2 years of commencement of the first phase of development to afford opportunity for the delivery of extra care accommodation unless the Local Planning Authority gives its express consent to any variation.

d) The submitted phasing plan for the first phase shall make specific provision for the construction of the retail unit prior to the completion of the extra care building and thereby made available for occupation unless the Local Planning Authority gives its consent to any variation.

Reason: To ensure the proper phasing of the Extra Care scheme

3. a) No development within each phase as identified within the requirements of

condition 2 shall be commenced until such time as detailed measures for foul sewerage and its drainage to pump stations prior to pumping into the existing

network are submitted to and agreed in writing by the Local Planning Authority for all dwellings within the development phase.

b) The measures shall be implemented prior to first occupation of any dwelling within the phase unless the Local Planning Authority gives its consent to any alternative.

Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of foul sewerage from the site and to comply with Sefton UDP Policies EP8 and DQ5.

4. In respect of the Residential Scheme only: Notwithstanding the specific

requirements of condition 30 (iii), The finished floor levels (FFL) for the plots B1-B22, C1-C24 and D1-D8 shall be constructed as shown on drawing no. C731 / 100 Rev C unless the Local Planning Authority gives its consent to any variation.

Reason: In the interests of privacy and amenity of neighbouring occupiers and to ensure that the development complies with policies H10, CS3 and DQ1 of the Sefton Unitary Development Plan.

5. Before any construction commences on the Extra Care scheme or the Residential

scheme or retail units:- a) Samples of the facing and roofing materials to be used in the external construction of the scheme shall be submitted to and approved in writing by the Local Planning Authority.

b) The materials approved under (a) above shall then be used in the construction of the development. Provided that any scheme shall not be prevented from commencement of construction where this condition has been complied with insofar as it relates to that particular scheme

Reason: To ensure a satisfactory appearance to the development in the interests of visual amenity and to comply with policy DQ1 of the Sefton Unitary Development Plan.

6. Residential Scheme: -

a) A 1.8 metre fence shall be erected to the site boundary with existing residential dwellings between no. 127 Folkestone Road and no. 33 Markham Drive.

b) The fence shall be completed in so far as it relates to the boundary with each new residential dwelling prior to the occupation of any such dwelling as constructed with a residential curtilage bordering that of existing dwellings and maintained as such thereafter.


7. Development Site:-

a) A detailed scheme of piling works and/or ground compaction, including the proposed duration and hours of piling/ ground compaction and details of mitigation methods for the suppression of dust covering each scheme shall be submitted to and approved by the Local Planning Authority prior to work commencing on site on any scheme as identified.

b) Piling/ ground compaction works shall then be carried out in accordance with the details approved under (a) above.

Reason: To ensure that the amenities of nearby residents are not unduly harmed by noise and dust from piling/ ground compaction works and to comply with policies CS3 and EP6 of the Sefton Unitary Development Plan.

8. Residential Scheme: -

a) Before any equipment, machinery or materials are brought onto site where these intended for use in the construction of any development within 25 metres of Birkdale Cop, a 1 metre high fence or other barrier as agreed in writing with the Local Planning Authority, shall be erected around the outer limit of the crown spread of the boundary hedgerow to be retained on the approved plans.

b) The fencing shall be maintained in a satisfactory manner until that development is completed.

c) No materials shall be stored, fires started or trenches dug within the enclosed areas without the prior consent in writing of the Local Planning Authority.

Reason: To prevent damage to the trees/ hedges in the interests of visual amenity and to comply with policy DQ3 of the Sefton Unitary Development Plan.

9. Residential and Extra Care Scheme: -

A detailed landscaping specification covering each phase of construction shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of construction works on any individual phase as identified within the requirements of condition 2, including i) existing and proposed levels or contours; ii) proposed and existing services above and below ground; iii) details of boundary treatments and hard surfaces; iv) the location, size and species of all trees to be planted; v) the location, size, species and density of all shrub and ground cover planting; vi) a schedule of implementation.

Reason: In the interests of visual amenity and to comply with policy DQ3 of the Sefton Unitary Development Plan.

10. Residential and Extra Care Scheme: -

a) The hard and soft landscaping scheme for each phase of development identified within the requirements of paragraph (a) of condition 2 shall be carried out in the first planting/season following completion of any phase thereby identified or in accordance with a timetable to be agreed in writing with the Local Planning Authority.

b) Any trees or plants that within a period of five years after planting, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective shall be replaced with others of a species, size and number as originally approved in the first available planting season unless the Local Planning Authority gives its written consent to any variation.


11. a) A landscape management plan for both the Residential Scheme and the Extra

Care Scheme , including long term design objectives, management responsibilities and maintenance schedules for all landscape areas and Sustainable Drainage Systems (SuDS), shall be submitted to and approved by the Local Planning Authority prior to the first occupation of any dwelling/unit to which the landscape management plan relates.

b) The landscape management plan shall be carried out as approved under (a) above and for the timescale agreed within such a plan.


12. a) Before construction works are commenced, a scheme for the enhancement of

biodiversity within the Development Site, including a timescale for its implementation, shall be submitted to and approved in writing by the Local Planning Authority.

b) This scheme shall then be implemented in accordance with the details approved under (a) above.

Reason: To secure biodiversity enhancement as required under Sefton Unitary Development Plan Policy NC3.

13. a) No tree, shrub or hedgerow felling, or any vegetation management and/ or

cutting operations should take place during the period 1st March to 31st August inclusive.

b) Should it be necessary to undertake works during these dates, then all trees, scrub and hedge rows should be first checked by a qualified ecologist to ensure no breeding birds are present and written notice given to the Local Planning Authority a minimum of three days prior to works taking place.

Reason: To protect birds during their breeding season and to comply with Policy NC2 in the Sefton Unitary Development Plan.

14. a) A scheme of works for the proposed vehicular and/or pedestrian accesses shall

be submitted to and approved in writing by the Local Planning Authority for each phase of development as identified within the requirements of paragraph (a) of condition 2.

b) No part of the development shall be brought into use until a means of vehicular and/or pedestrian access to the identified phase has been constructed. These works shall be in accordance with the scheme approved under 14 (a) above.

Reason: In the interests of highway safety and to accord with policies CS3 and DQ1 of the in the Sefton Unitary Development Plan.

15. Development Site

a) Unless otherwise agreed in writing by the Local Planning Authority, the development shall not be commenced until a detailed scheme of highway improvement works for the provision of:

• Town Lane (Kew)/Town Lane roundabout - alteration of the geometry of the

north and east arms of the roundabout;

• Bentham’s Way/Moss Road/Stamford Road - removal of mini-roundabout and introduction of traffic signals; and,

• Guildford Road/Kew Road - removal of mini-roundabout and introduction of

traffic signals together with a programme for the completion of the works has been submitted to and approved in writing by the Local Planning Authority.

b) The approved highway improvement works shall be completed in accordance with

a timetable to be submitted to and agreed writing with the Local Planning Authority.


16. Development Site.

All areas for vehicle parking, turning and manoeuvring shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved phasing plan for each phase prior to any building/dwelling within that phase being

used in association with said areas and these areas shall be retained thereafter for that specific use.


17. No part of the Extra Care Scheme or any apartment block shall be brought into

use until space and facilities for cycle parking have been provided in accordance with that phased part of the scheme on the approved plan and these facilities shall be retained thereafter for that specific use.


18. a) The Residential Scheme shall not be occupied until a Travel Plan for the

residential element of the scheme has been submitted to and approved in writing by the Local Planning Authority.

b) The provisions of the Travel Plan approved under (a) above shall be implemented and operated in accordance with the timetable contained therein unless otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure that a range of non-car dependent travel options are provided for within the development and to comply with Sefton UDP Policies AD2 and AD4.

19. a) The Extra Care Scheme shall not be occupied until a Travel Plan for the Extra

Care Scheme has been submitted to and approved in writing by the Local Planning Authority.



20. a) Prior to the commencement of development of the Residential Scheme and

Extra Care Scheme, full details of the proposed measures to ensure that mud and other loose materials are not carried on the wheels and chassis of any vehicles leaving the site and measures to minimise dust nuisance on any scheme as identified shall be submitted to and agreed in writing with the Local Planning Authority.

b) The details approved under (a) above shall be implemented throughout the period of construction unless otherwise agreed in writing with the Local Planning Authority.


21. a) Prior to the commencement of development of the Residential Scheme and

Extra Care Scheme (including all engineering works associated with land remediation) a Construction Traffic Management Plan detailing all vehicular routes on any scheme as identified shall be submitted to and approved in writing by the Local Planning Authority.

b) The provisions of the Construction Traffic Management Plan approved under (a) above shall be implemented in full during the period of construction and shall not be varied unless otherwise agreed in writing with the Local Planning Authority.


22. a) The turning and servicing facilities for the retail unit permitted as indicated on

the approved plans shall be provided before the retail unit is first brought into use.

b) The servicing facilities used for the manoeuvring of vehicles shall subsequently be maintained free of obstruction at all times.


23. a) The construction of the retail unit hereby permitted shall not be commenced

until a Traffic and Delivery Management Plan for that unit has been submitted to and approved in writing by the Local Planning Authority.

b) The provisions of the Traffic and Delivery Management Plan shall be implemented and strictly adhered to and shall not be varied other than through agreement with the Local Planning Authority.


24. Unless otherwise agreed in writing by the Local Planning Authority, no part of the

Development Site where it fronts an access road or is served via such an access road shall be occupied until a Traffic Regulation Order (TRO) for a 20mph zone on the proposed access roads within the development site has been implemented


25. a) Unless otherwise agreed in writing by the Local Planning Authority, no development shall take place within the Residential Scheme and Extra Care Scheme until a detailed scheme of traffic calming designed to maintain vehicle speeds at 20mph or less on the proposed access roads within the Development Site has been submitted for the approval of the Local Planning Authority.

b) No part of the development provided for within a phase as identified within the requirements of paragraph (a) of condition 2 shall be occupied until the approved scheme has been implemented where required to serve development within that phase.


26. a) Unless otherwise agreed in writing by the Local Planning Authority, no

development of the Development Site shall take place until a detailed scheme of traffic calming designed to maintain vehicle speeds at 20mph or less on Folkestone Road and Ovington Drive has been submitted for the approval of the Local Planning Authority.

b) No part of the development fronting a road where said measures are identified to be required within that scheme shall be occupied until the approved scheme has been implemented in full.


27. a) Unless otherwise agreed in writing by the Local Planning Authority, no

development shall take place until a detailed scheme of street lighting on the proposed access roads within the respective phase of the site, has been submitted for the approval of the Local Planning Authority, the said scheme shall comply with the requirements of BS5489.

b) The approved scheme shall be implemented in full prior to the respective phase (as identified within the requirements of paragraph (a) of condition 2) of the development to which it relates being brought into use. Provided that this will not preclude any phase being occupied and brought into use where this condition has been fully complied with insofar as it relates to the relevant scheme,


28. Unless otherwise agreed in writing by the Local Planning Authority, no part of the

Development Site shall be occupied until a Traffic Regulation Order (TRO) to introduce waiting restrictions on Town Lane and other roads within the

development site and surrounding area, to control on-street parking has been implemented in full.


29. a) Conditions 30-34 shall in all cases be applied to each individual phase of

development as identified within the requirements of condition 2 and shall not apply to the development permitted in its entirety.

Reason: To ensure the proper phasing of the development.

30. An investigation and risk assessment, in addition to any assessment provided with

the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme and scope of works are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to:

- human health, - property (existing or proposed) including buildings, crops, livestock, pets,

woodland and service lines and pipes, - adjoining land, - groundwaters and surface waters, - ecological systems, - archeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the most appropriate remediation strategy for the site. This must be conducted in accordance with DEFRA and the Environment Agency's Model Procedures for the Management of Land Contamination, CLR 11.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy EP3 of the Sefton Unitary Development Plan.

31 (i) A detailed remediation strategy to bring the each individual phase to a condition

suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historic environment, must be prepared and is subject to the approval in writing by the Local Planning Authority.

(ii) The strategy must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works, site management procedures and roles and responsibilities. The strategy must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 on completion of each phase of development as identified by condition 2 and commencement of its use.

(iii) In the event that the proposed remediation scheme involves the provision of a ground cover system a plan indicating the existing and proposed external ground levels on the application site shall be submitted for approval to the Local Planning Authority.

(iv) The development shall proceed in accordance with the external ground levels approved under (iii) unless the Local Planning Authority gives its prior written approval to any variation.


32. The approved remediation strategy must be carried out in accordance with its

terms prior to the commencement of construction works within each individual phase as identified by condition 2 other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation works.


33. Following completion of the remedial works for each phase of development as

identified in the approved remediation strategy, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority, prior to commencement of use of that phase of development.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled

waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy EP3 of the Sefton Unitary Development Plan.

34. In the event that previously unidentified contamination is found at any time when

carrying out the approved development immediate contact must be made with the Local Planning Authority and works must cease in that area. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 30, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 32, which is subject to the approval in writing of the Local Planning Authority. Following completion of the remedial works identified in the approved remediation strategy a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 33 above.


35. a) A detailed scheme of works for the lighting of all rear parking courts in respect

of a scheme shall be submitted to and agreed in writing with the Local Planning Authority prior to the commencement of development of each scheme. The scheme shall detail management and maintenance responsibilities in the event that lighting should cease to work.

b) No parking shall be brought into use prior to the lighting associated with the parking court has been installed and the lighting shall be maintained at all times thereafter.

Reason: To protect the amenity of adjoining residents and ensure that perception and fear of crime is minimised and to comply with Sefton UDP Policy DQ1.

36. a) No development shall take place until a surface water drainage scheme for the

site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the Development Site, has been submitted to and approved in writing by the local planning authority.

b) The drainage strategy shall demonstrate the surface water run-off generated up to and including the 100 year (with an allowance for climate change) critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event.

c) The scheme shall subsequently be implemented in accordance with the approved details before the Development Site is completed.

Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and to comply with Sefton UDP Policies EP8 and DQ5.

37. a) The development hereby permitted shall not be commenced until such time as a

scheme for the management of overland flow from surcharging of the site's surface water drainage system has been submitted to and approved in writing by the Local Planning Authority.

b) The scheme shall reference the proposed ground levels and proposed building finished floor levels and shall be implemented prior to the respective phase of each scheme of development as identified by paragraph (a) condition 2 being occupied.

Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and to comply with Sefton UDP Policies EP8 and DQ5.

38. a) Prior to the commencement of development of any phase with a boundary to

Birkdale Cop/Boundary Brook, a scheme for the provision and management of a buffer zone alongside the riparian boundaries shall be submitted to and agreed in writing by the Local Planning Authority. The scheme shall make provision for:

- details of the extent and layout of the buffer zone - details of the planting scheme (for example, non-invasive native species) - details demonstrating how the buffer zone will be protected during

development and managed/maintained over the longer term, and; - details of any footpaths/fencing.

b) The development shall be carried out in accordance with the approved scheme unless the Local Planning Authority gives its consent to any variation

Reason: To ensure that the development where it lies adjacent to a watercourses has no adverse impact on ecological value and to comply with Sefton UDP Policies NC2, NC3 and DQ1.

39. a) A minimum of 10 bird nesting boxes shall be provided within the Development

Site in accordance with details to be previously submitted to and agreed in writing with the Local Planning Authority.

b) The bird nesting boxes shall be installed in accordance with the approved details and a timescale to be agreed with the Local Planning Authority.


40. a) A minimum of two bat bricks within each phase of the Residential Scheme and

Extra Care Scheme, or 20 for the Residential Scheme in total (whichever is the

greater) shall be provided in accordance with details to be submitted to and agreed in writing with the Local Planning Authority.

b) The bat bricks shall be installed in accordance with the approved details and a timescale to be agreed with the Local Planning Authority.


41. a) A scheme of low level lighting for the open space adjacent to Boundary Brook,

directed away from the Boundary Brook, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any phase of the residential scheme as identified within paragraph (a) condition 2 and bordering the Boundary Brook.

b) No lighting to the south of the vehicular route to plots fronting the Boundary Brook shall be installed at any time other than that approved by condition 41 (a) above.

Reason: To minimise the potential adverse impact of lighting on habitat and to comply with Sefton UDP Policies NC2 and NC3.

42. No apartment or residential dwelling as constructed shall be occupied until space

and facilities for bin storage has been provided for its use in accordance with the approved plans. These facilities shall then be retained and permanently reserved for bin storage.

Reason: To ensure appropriate bin storage provision is provided for residents and to comply with Sefton UDP Policy DQ1.

43: Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 2008 (or any subsequent Order or statutory provision revoking or re-enacting the provisions of that Order), no dormer windows or other rooflights (other than those hereby permitted) shall be erected or installed above eaves level to plots B1-B22, C1-C24 and D1-D8 unless expressly authorised.

Reason: In order to protect the residential amenities of nearby occupants and to accord with policies CS3 and H10 in the Sefton Unitary Development Plan.

44. The retail unit hereby permitted shall not be open for business outside the hours of

0700-2000.

Reason: In order to protect the residential amenities of nearby occupants and to accord with policies CS3 and H10 in the Sefton Unitary Development Plan.

45. The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved and shall not be varied other than by prior agreement in writing by the Local Planning Authority.

Reason: To ensure a satisfactory development.

(B) - Outline planning permission for a business park with uses B1, B2, B8 and Sui Generis car showroom (the Commercial Scheme) 1. The development hereby permitted shall be commenced before the expiration of

10 (ten) years from the date of this permission or two years from the date of the approval of the last of the reserved matters, whichever is the later.

Reason: To comply with Section 92 (as amended) of the Town and Country Planning Act 1990.

2. Details of the reserved matters set out below shall be submitted to the Local

Planning Authority for approval within 10 (ten) years from the date of this permission: (a) Layout (b) Scale (c) Appearance (d) Access and (e) Landscaping Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced and shall be carried out as approved.

Reason: To enable the Local Planning Authority to control the development in detail and to comply with Section 92 (as amended) of the Town and Country Planning Act 1990.

3. The detailed landscaping plans submitted as reserved matters shall include:

(i) details of boundary treatments and hard surfaces (ii) the location, size and species of all trees to be planted (iii) the location, size, species and density of all shrub and ground cover planting (iv) a schedule of implementation

Reason: In the interests of visual amenity and to ensure that the development complies with polices CS3, DQ1 and DQ3 of the Sefton Unitary Development Plan.

4. The development proposal/ detailed submission shall incorporate equipment to

produce renewable energy in order to ensure that at least 10% of the predicted energy requirements for the development proposal/detailed submission are

provided from on-site renewable energy sources, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the development makes provision for the use of energy from renewable sources and to comply with Policy DQ2 of the Sefton Unitary Development Plan.

5. Before any construction commences on the Commercial Scheme:-

a) Samples of the facing and roofing materials to be used in the external construction of this development shall be submitted to and approved in writing by the Local Planning Authority.

b) The materials approved under (a) above shall then be used in the construction of the development.

Reason: To ensure a satisfactory appearance to the development in the interests of visual amenity and to comply with policy DQ1/MD1 of the Sefton Unitary Development Plan.

6. a) Should any part of the development of the Commercial Scheme incorporate

piling works or ground compaction, details of the works, proposed duration and hours of piling/ ground compaction and details of mitigation methods for the suppression of dust shall be submitted to and approved by the Local Planning Authority prior to work commencing on site.

b) Piling/ ground compaction works shall then be carried out in accordance with the details approved under (a) above.

Reason: To ensure that the amenities of nearby residents are not unduly harmed by noise and dust from piling/ ground compaction works and to comply with policies CS3 and EP6 of the Sefton Unitary Development Plan.

7. a) The hard and soft landscaping scheme approved by reserved matters shall be

carried out prior to the occupation of any part of the Commercial Scheme or in accordance with a timetable to be agreed in writing with the Local Planning Authority.

b) Any trees or plants that within a period of five years after planting, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective shall be replaced with others of a species, size and number as originally approved in the first available planting season unless the Local Planning Authority gives its written consent to any variation.


8. a) A scheme of works for the proposed vehicular and/or pedestrian access shall be submitted to and approved in writing by the Local Planning Authority.

b) No part of the Commercial Scheme shall be brought into use until a means of vehicular and/or pedestrian access to the site/development has been constructed. These works shall be in accordance with the scheme approved under (a) above.


9. No part of the Commercial Scheme shall be brought into use until areas for vehicle

parking, turning and manoeuvring have been laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and these areas shall be retained thereafter for that specific use.

Reason: In the interests of highway safety and to accord with policies CS3 and DQ1 in the in the Sefton Unitary Development Plan.

10. No part of the Commercial Scheme shall be brought into use until space and

facilities for cycle parking have been provided in accordance with the approved plan and these facilities shall be retained thereafter for that specific use.

Reason: To ensure appropriate provision is made for cyclists and to accord with policies AD2, CS3 and DQ1 in the in the Sefton Unitary Development Plan.

11. a) No part of the Commercial Scheme shall be occupied until a Travel Plan has

been submitted to and approved in writing by the Local Planning Authority.



12. a) Prior to the commencement of development of the Commercial Scheme, full

details of the proposed measures to ensure that mud and other loose materials are not carried on the wheels and chassis of any vehicles leaving the site and measures to minimise dust nuisance shall be submitted to an agreed in writing with the Local Planning Authority.

b) The details approved under (a) above shall be implemented throughout the period of construction unless otherwise agreed in writing with the Local Planning Authority.


13. a) Prior to the commencement of development of the Commercial Scheme a

Construction Traffic Management Plan shall be submitted to and approved in writing by the Local Planning Authority.

b) The provisions of the Construction Traffic Management Plan approved under (a) above shall be implemented in full during the period of construction and shall not be varied unless otherwise agreed in writing with the Local Planning Authority.


14. a) The turning and servicing facilities indicated on the approved plans shall be

provided before the Commercial Scheme is brought into use.

b) The servicing facilities used for the manoeuvring of vehicles shall subsequently be maintained free of obstruction at all times.


15. No materials or equipment shall be stored on the site outside the buildings, except

in the areas defined for external storage on any plan approved at reserved matters stage.

Reason: In the interests of visual amenity and to comply with Policy CS3/H10/DQ1 in the Sefton Unitary Development Plan.

16. Any development permitted to the east of the principal access road and/or where it

adjoins the curtilage of any residential dwelling/extra care unit shall be occupied for B1 (office/light industrial) use and for no other purpose (including any purpose in B2/B8 of the schedule to the Town and Country Planning Use Classes (Amendment) Order 2005, or any subsequent Order or statutory provision revoking or re-enacting that Order.

Reason: In order to protect the residential amenities of nearby occupants and to accord with policy CS3/ H10 in the Sefton Unitary Development Plan.

17. An investigation and risk assessment, in addition to any assessment provided with

the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme and scope of works are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the

findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to:

- human health, - property (existing or proposed) including buildings, crops, livestock, pets,

woodland and service lines and pipes, - adjoining land, - groundwaters and surface waters, - ecological systems, - archeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the most appropriate remediation strategy for the site. This must be conducted in accordance with DEFRA and the Environment Agency's Model Procedures for the Management of Land Contamination, CLR 11.


18. (i) A detailed remediation strategy to bring the site to a condition suitable for the

intended use by removing unacceptable risks to human health, buildings and other property and the natural and historic environment, must be prepared and is subject to the approval in writing by the Local Planning Authority.

(ii) The strategy must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works, site management procedures and roles and responsibilities. The strategy must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 on completion of the development and commencement of its use.

(iii) In the event that the proposed remediation scheme involves the provision of a ground cover system a plan indicating the existing and proposed external ground levels on the application site shall be submitted for approval to the Local Planning Authority.

(iv) The development shall proceed in accordance with the external ground levels approved under (iii) unless the Local Planning Authority gives its prior written approval to any variation.


19. The approved remediation strategy must be carried out in accordance with its

terms prior to the commencement of development of the Commercial Scheme other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation works.


20. Following completion of the remedial works identified in the approved remediation

strategy, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority, prior to commencement of use of the Commercial Scheme .


21. In the event that previously unidentified contamination is found at any time when

carrying out the approved development of the Commercial Scheme immediate contact must be made with the Local Planning Authority and works must cease in that area. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 17, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 18, which is subject to the approval in writing of the Local Planning Authority. Following completion of the remedial works identified in the approved remediation strategy a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 20 above.


22. A detailed scheme for the control of non-residential parking within the existing and

proposed residential areas to the south and east of the development shall be submitted to and approved in writing by the Local Planning Authority as part of any reserved matters planning application. The scheme shall have appropriate regard to the parking provisions within the extended business park and measures associated with reducing the need for travel as set out within the Travel Plan as required by condition 11.

Reason: To ensure that existing and proposed residents are not inconvenienced by parking associated with the business park in the interests of highway safety and to comply with Sefton UDP Policies AD2 and DQ1.

23. Prior to first occupation of any unit adjoining a residential dwelling and/or an extra

care unit, a 2 metre high brick wall, acoustic fence or other form of boundary attenuation shall be erected to the boundary with its neighbouring curtilage and thereafter maintained as such..


24. Noise levels from any plant and equipment to be installed at the development at

any B1/B2/B8 uses classes and the Sui Generis car showroom should not exceed a noise rating level of 0dB above the average background noise level at the boundary to any residential use.

Reason: In the interests of amenity of neighbouring occupiers and to ensure that the development complies with policy EP6 of the Sefton Unitary Development Plan.

24. The development hereby granted shall be carried out strictly in accordance with the

details and plans hereby approved and shall not be varied other than by prior agreement in writing by the Local Planning Authority.

Reason: To ensure a satisfactory development.

Drawing Numbers Layout Ref: C731/P001 e received on 11.02.2016 Block plans Ref: PHASE 2 received on 11.02.2016 Other Ref: PHASE 2 HOUSE TYPE PACK received on 18.12.2015 Cross Section Ref: H4568:CS:01 received on 03.03.2016

Existing Site Plan

Proposed Site Plan

Appendix A

report to: planning committee date of meeting: 30th march ... - dc-2015-0218… · ref:...

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