planning committee 07/09/2010 application no: p/2010/0611...

Planning Committee 07/09/2010

P/2010/0611

APPLICATION NO: P/2010/0611 LOCATION: LAND TO REAR OF 1 TO 79 STATION ROAD,

HAYDOCK, ST HELENS. PROPOSAL: Outline application for the erection of 20 no

apartments and associated works, and laying out 5 allotments (all matters except for access, layout and scale reserved).

WARD: Haydock PARISH: CASE OFFICER: Jeff Eaton AGENT(S) / APPLICANT(S):

PLANNING PROBLEMS SOLVED MR NIGEL ROBINSON ASHTON-ON-RIBBLE

DEVELOPMENT PLAN ALLOCATION: St Helens Unitary Development Plan (1998)

Other Open Space GEN 1 ‘Primacy of the Development Plan’ GEN 2 ‘Good Environments’ GEN 4 ‘Security and Crime Prevention’ GEN 5 ‘Design and Layout of New Housing’ GB 12 ‘Development Adjoining the Green Belt’ ENV 1 ‘Protection of Open Space’ ENV 9 ‘Species Protection Policy’ ENV 11 ‘Tree Surveys’ ENV 12A ‘Development Affecting Existing Trees’ ENV 12B ‘Development Affecting Existing Trees’ ENV 13 ‘New Tree Planting on Development Sites’ ENV 26 ‘Contaminated Land’ REC 5 ‘Strategic Footpaths and Cycleways’

BACKGROUND PAPERS: See Section 3 Policy Context See Section 4 Consultations See Section 5 Representations Planning Application File P/2004/1549 Planning Application File P/2009/0398 Planning Application File P/2009/0926 Planning Application File P/2010/0611

REPRESENTATIONS: 13 letters of objection RECOMMENDATION: Grant planning permission subject to conditions

/ 1.0 Application Site 1.1 The application site is a rectangular shaped piece of land located to the rear

of no.1 to 79 Station Road in Haydock. The site is 0.46 hecatres in area. The site was last used as allotment gardens and is allocated as Other Open Space in the St Helens Unitary Development Plan. The site is currently disused and is overgrown.

1.2 The application site has a direct boundary with the Green Belt to the south.

To the north of the application site are the rear of no.1 to 79 Station Road, which are two storey terraced dwellinghouses. To the west of the application site is Cooper Avenue with two storey residential properties located on the opposite side. To the east of the application site are two storey dwellinghouses located on Oakthorn Grove.


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2.0 The Application 2.1 This is an outline application for the erection of 20no apartments and

associated works, and laying out 5 allotments. All matters except for access, layout and scale are reserved for future consideration.

2.2 The layout plan submitted with the application indicates 2no apartment blocks

on the western part of the site. Each block would be identical in dimension at 40m in length and a maximum of 9.5m in width. The indicative elevations submitted with the application show the maximum height of the apartment blocks to be 10.5m in height, which equates to the equivalent of 3 storeys.

2.3 Vehicular access to the apartments would be provided from Cooper Lane with

30no parking spaces proposed. 20no spaces would be provided next to the site entrance from Cooper Lane with the remaining 10no spaces provided in between the two blocks.

2.4 The 5 allotments proposed would be located on the eastern side of the site

and would include a vehicular access point from Station Road and 5no parking spaces. The site plan indicates 1no allotment, which would be 250sqm. The other 4no allotments would each be 125sqm.

3.0. Policy Context 3.1 The application has been considered having regard to Article 1 of the First

Protocol of the Human Rights Act 1998, which sets out a persons rights to the peaceful enjoyment of property and Article 8 of the Convention of the same Act which sets out his/her rights in respect for private and family life and for the home. Officers consider that the proposed development would not be contrary to the provisions of the above Articles in respect of the human rights of surrounding residents/occupiers.

3.2 This application has been considered in relation to Section 17 of The Crime

and Disorder Act. The Police Crime Prevention Officer has been afforded the opportunity to comment on this scheme, but no comments have been received.

3.3 The application has been considered in accordance with the St Helens

Council’s Comprehensive Equality Policy, which seeks to prevent unlawful discrimination, promote equality of opportunity and good relations between people in a diverse community. In this case the proposed development is not anticipated to have any potential impact from an equality perspective.

3.4 Section 38(6) of Planning and Compulsory Purchase Act 2004 (“2004 Act“)

requires, where an accepted or approved development plan contains relevant policies, that an application for planning permission or an appeal shall be determined in accordance with the plan, unless material considerations indicated otherwise. The development plan for the area is the St Helens Unitary Development Plan (adopted July 1998 for the period up to 2001. The Council applied to the Secretary of State under paragraph 1(3) of schedule 8 to the 2004 Act to save polices of the development plan in accordance with PPS 12 ‘Local Development Frameworks: A Companion to PPS 12 and DCLG Protocol. The SoS issued a direction and accompanying schedule


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saving 88 policies on 27th September 2007. Only the saved policies are relevant to the consideration of this application.

3.5 St Helens Unitary Development Plan (1998)

GEN 1 ‘Primacy of the Development Plan’ GEN 2 ‘Good Environments’ GEN 4 ‘Security and Crime Prevention’ GEN 5 ‘Design and Layout of New Housing’ GB 12 ‘Development Adjoining the Green Belt’ ENV 1 ‘Protection of Open Space’ ENV 9 ‘Species Protection Policy’ ENV 11 ‘Tree Surveys’ ENV 12A ‘Development Affecting Existing Trees’ ENV 12B ‘Development Affecting Existing Trees’ ENV 13 ‘New Tree Planting on Development Sites’ ENV 26 ‘Contaminated Land’ REC 5 ‘Strategic Footpaths and Cycleways’

4.0. Consultations 4.1 Highway Planning Advisor – No objection to the proposed development

subject to the attachment of a number of conditions and informatives. 4.2 Environmental Health – Noise Section – No objection to the proposed

development. 4.3 Environmental Health – Contaminated Land Section – No objection to the

proposed development subject to the attachment of one condition and a number of informatives.

4.4 Environmental Health – Pollution Section – No objection to the proposed

development with regards to air quality. 4.5 Public Rights of Way Officer – No issues with regard to public rights of way. 4.6 Merseyside Police Crime Reduction Officer – No objection to the proposed

development. The observations received should be attached as an informative.

4.7 Merseyside Environmental Advisory Service – Having reviewed the great

crested newt report and other available survey data, they are satisfied that the proposed scheme will not have significant ecological impacts provided that the standard Japanese Knotweed and breeding birds conditions are attached. Other conditions with regard to sustainable building techniques, soil resource and waste have been suggested.

4.8 United Utilities – No observations have been received in relation to this

application, however the layout is identical to that in P/2009/0926 and no objections were received. They comment that there is a critical sewer within the site and that they will allow a diversion of the sewer provided it is carried out by United Utilities term contractor. Deep rooted shrubs and trees should not be planted in the vicinity of the public sewer and overflow systems. A number of points have been raised which can be dealt with by informatives.


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5.0 Representations 5.1 The application was publicised by 64 individual neighbour notification letters

and two site notices. 13 letters of objection were received following the publicity given to the application.

5.2 The letters of objection raised the following issues:

� The form states that there are no trees on the land however there are trees on this land.

� There is no mention of affordable housing in the application form. � The proposal will result in increased vehicular movements along Cooper Lane

and Station Road, which will create more health and safety issues as well as extra traffic problems.

� Traffic problems in the area at the weekend will be even worse due to the local playing fields being used by football and rugby teams adding to the existing car parking problems.

� The land once housed 12 allotments that were fully occupied by local residents. Who will the 5 allotments go to and is there no scope for more allotment plots to be considered.

� Building work will create noise pollution for residents on Station Road. � The site is home to a lot of wildlife. � Where have the Great Crested Newts gone? � There are too many developments in a small area. � There are plenty of houses to let in the area as well as vacant properties and

no need for further development. � The proposal would block light to houses in Station Road. � The proposal would compromise views from the rear of properties on Station

Road. � The developer’s actions have delayed the implementation of the alleygating

scheme to the rear of properties on Station Road. � The proposal would bring back anti-social behaviour problems to the area.

6.0. Planning History 6.1 The site subject of the application has been subject to the following planning

applications. 6.2 P/2001/0516 Outline application for the erection of 5 dwellings

Land to the rear of 1-27 Station Road

Granted – 05/10/2001

P/2002/0434 Erection of 8 dwellings


Granted – 02/08/2002

P/2003/0237 Erection of 4 semi-detached dwellings and 2 detached bungalows


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Granted – 17/04/2003

P/2004/1549 Erection of 2no three storey buildings to accommodate 24 apartments.


Refused – 01/04/2005 for the following reason:

The proposed residential development of land to the rear of 1 to 59 Station Road is unnecessary, as there is an adequate supply of sequentially preferable sites available for residential development within the Borough. Accordingly, to allow the development would be contrary to the Regional Spatial Strategy for the North West (2003), Planning Policy Guidance Note 3, and the Council's Interim Planning Policy on Housing Developments, which prioritises the use of sites where there are significant regeneration benefits.

Dismissed on appeal – 03/05/2006.

P/2009/0398 Outline application for the erection of 20 no apartments and associated works, and laying out 5 allotments (all matters except for access, layout and scale reserved)


Refused – 07/08/2009 for the following reasons:

1. The applicant has provided insufficient information regarding the site’s potential habitat for great crested newts as a European Protected Species and other notable species. Therefore the Council cannot assess the proposals against the three tests (Habitat Regulations) for European species and whether it would have an adverse effect on wildlife species and their habitats. To allow the proposal would be contrary to Policy ENV 9 of the St Helens Unitary Development Plan, Policy DP 2 of Regional Spatial Strategy and Planning Policy Statement 9, which states that the aim of planning decisions should be to prevent harm to biodiversity interests.

2. The applicant has provided insufficient information to

demonstrate that the 900mm diameter critical public sewer, which crosses the application site, can be diverted to accommodate the layout proposed, as United Utilities will not permit building over it. To allow the proposal would be contrary to design principles contained in Planning Policy Statement 1 ‘Delivering Sustainable Development’ which states that although visual appearance and the architecture of individual buildings are clearly factors in achieving these objectives, securing high quality and inclusive design goes far beyond aesthetic considerations.

3. The proposal layout fails to provide sufficient car parking for

20no apartments and insufficient access to the site by virtue of the substandard width of Cooper Lane. This would result in on


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street parking in a location where parking is at a premium and would compromise the free flow of two-way traffic to the detriment of highway safety. To allow the proposal would be contrary to Policy GEN 5 (viii) of the St Helens Unitary Development Plan and Supplementary Planning Guidance Note 7, which requires proposals to make appropriate off-street provision for garaging and parking of cars and Policy GEN 1 (ii) of the St Helens Unitary Development Plan, which requires proposals to make adequate and safe provision for access (including visibility splays and, where necessary, off-site highway improvements) for all classes of road user.

P/2009/0926 Outline application for the erection of 20 no apartments and

associated works, and laying out 5 allotments (all matters except for access, layout and scale reserved) (Resubmission of P/2009/0398)

Land to the rear of 1-79 Station Road, Haydock.

Refused – 22/01/2010 for the following reason:

The applicant has provided insufficient information regarding the site’s potential habitat for great crested newts as a European Protected Species. Therefore the Council as Local Planning Authority is not in a position to discharge its statutory duty under Regulation 3 (4) of the Conservation (Natural Habitats, &c.) Regulations 1994 as amended, having regard to the three tests as set out in the Habitats Regulations. To allow the proposal would be contrary to Policy ENV 9 of the St Helens Unitary Development Plan, Policy DP 2 of Regional Spatial Strategy and Planning Policy Statement 9, which states that the aim of planning decisions should be to prevent harm to biodiversity interests.

7.0. Assessment 7.1 This application seeks to establish the principle of residential development on

the application site. The detailed matters, which have been applied for, include access, layout and scale.

7.2 Principle of Development

The site has a lengthy planning history, which is outlined above and includes the granting of planning permission for residential development. The most recent planning application (P/2009/0926) was refused on the grounds of insufficient information to consider the site’s potential habitat for great crested newts as a European Protected Species whilst a previous application (P/2004/1549) was refused only on the basis of housing supply being restricted in line with the Interim Planning Policy, which has now been rescinded.

7.3 In order to address the previous reason for refusal, this application is accompanied by a Great Crested Newt Presence / Absence Survey. The conclusion of this survey is that there is no evidence of great crested newts within either pond within 250 metres of the proposed development site and there are therefore no apparent implications to development with regard to this species. This survey has been reviewed in conjunction with the Phase I


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habitat survey report by Merseyside Environmental Advisory Service and they have advised the Council that the proposed scheme will not have significant ecological impacts provided that the standard Japanese Knotweed and breeding birds conditions are attached to any grant of planning permission. The proposal is now considered to accord with both Policy ENV 9 of the St Helens Unitary Development Plan and Planning Policy Statement 9.

7.4 The site is located within the defined urban area and in the inspectors report

relating to P/2004/1549, it was concluded that the site is previously developed and we do not wish to challenge its previously developed land status. The site is also considered to be in a sustainable location on the edge of the settlement of Haydock.

7.5 The site is designated as Other Open Space and the site formerly provided

12 allotments, however it is accepted that this is no longer evident nor can the owner be made to reinstate this facility. The application proposes the provision of 5 allotments and whilst this is on a smaller scale to the provision, which originally existed on the site, it represents a significant improvement as the site is currently of a low value in terms of its recreational usage. This application would enable improved allotment facilities whilst on a smaller scale to be provided with issues such as implementation and management being secured by condition. This would enable a recreational use on the site to be reinstated and secured. This is considered to accord with Policy ENV 1 of the St Helens Unitary Development Plan.

7.6 Considering all the above, the application site is in the defined urban area, it

is previously developed, has previously benefited from planning permission for residential development and the proposal has now demonstrated that it would not have significant ecological implications, the principle of developing the site for residential purposes is acceptable.

7.7 Affordable Housing

The Council adopted the Affordable Housing Supplementary Planning Document (SPD) on 27th January 2010. The SPD clarifies the Council’s policy position in light of the saved 1998 UDP Policy RES2, the changed national policy guidance introduced through PPS3, and the findings of the 2006 Housing Needs Assessment (HNA) and the 2009 Housing Viability Study (HVS). The SPD requires 30% of the total site capacity to be provided as Affordable Housing and applies to development sites with 5 or more units. This target includes both housing for social rent (15%) and intermediate housing (15%) to meet Affordable Housing needs. On sites of 15 or more dwellings, the presumption will be for on-site provision unless no local need exists.

7.8 The Councils Housing Strategy Section has confirmed the need for affordable

housing in this area and on-site provision of Affordable Housing of 30% of the total dwellings is required i.e. 6 units (3 units social rent; 3 units intermediate housing). The application form stated that the proposal was for 20 units for sale on the open market, however the applicant has recently confirmed that they are prepared to provide the required affordable housing in accordance with the Affordable Housing SPD. This is to be secured by condition.

7.9 Layout & Scale

Considering the proposed layout, there is a 900mm diameter critical public sewer, which crosses the site. United Utilities require a 4m easement on both


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sides of the sewer, which is a significant constraint to development on this site in its current location. United Utilities have informed the agent that they would allow a diversion of the sewer provided it is carried out by United Utilities term contractor. Even after diverting the sewer to the southern side of the site, up to a third of the width of the site cannot be built on which dictates the location of the proposed development. This is illustrated on the proposed site layout plan.

7.10 Considering the location of the proposed apartment blocks, the layout with

this scheme is not dissimilar to that previously dealt with by planning applications P/2004/1549, P/2009/0398 & P/2009/0926 in terms of size of blocks and relationship to properties on Station Road.

7.11 It was previously acknowledged that the area is generally characterised by a

number of house types, with the terraced properties on Station Road forming the main context against which the development would be viewed. The scale parameters indicate that the blocks would be three-storey, but would not be significantly higher that the dwellings adjacent. It is considered that the proposal would be in character with the area.

7.12 The main rear elevations of the dwellings on Station Road would be located a

distance of 19 metres from the proposed buildings. This is below the Council’s adopted interface standard of 23 metres contained in Supplementary Planning Guidance Note 5 (SPGN 5). However, the indicative internal layout and positioning of windows means that the majority of windows facing the dwellings on Station Road would be obscurely glazed or form a secondary opening in a living space. On this basis, it is not considered that residential amenity in terms of light and privacy would be unduly harmed.

7.13 As regards the proposed layout restricting views from the rear of properties

on Station Road, the planning system should not be used to protect a private right to a view or other private interests.

7.14 Considering the above with respect to layout and scale, the proposal would

accord with Policy GEN 1, GEN 2, GEN 5 and SPGN 5 of the St Helens Unitary Development Plan.

7.15 Access

Cooper Lane and Station Road serve as access to approximately 285 dwellings and a number of other facilities including a health centre, social club, church, and school car park. Both roads have adequate visibility at their junctions with Clipsley Lane and the junction of Station Road is generous in design terms allowing for easy movement through the junction for all vehicles. The junction of Cooper Lane and Clipsley Lane is more constrained, due to the tight junction radii, but still caters adequately for two-way car traffic; although movements by larger vehicles such as refuse or service vehicles are more restricted.

7.16 Although both Cooper Lane and Station Road are adequate in terms of actual

width; being some 6.1m wide, they suffer from heavy on-street parking due to the fact that the majority of dwellings in the area are terraced with no off-street parking facilities. This parking physically restricts the width for vehicle movement, particularly along Station Road.


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7.17 Within the accompanying Transport Statement, an analysis of the number of trips likely to be generated by the proposal indicates that a maximum of 17 two-way vehicle trips would be predicted (10 arrivals and 7 departures during the PM peak hour). This has been verified using the TRICS database and is considered valid.

7.18 The development would provide off-street parking in line with the required

standards, providing 30 parking spaces together with secure cycle parking. 7.19 The site layout would provide a satisfactory junction access in terms of design

and visibility and includes a pedestrian footway along the frontage of the site, whilst the internal layout provides adequate turning facilities for refuse/service vehicles.

7.20 In view of the fact that the development would not cause a material impact on

the existing traffic situation and will not lead to increased on-street parking along the access route to Clipsley Lane; and given that refuse/service vehicles already accessing the area can turn around within the site or within the site access, there is insufficient reason to raise an objection to this proposal.

7.21 The proposal is considered to make adequate and safe provision for access

in accordance with Policy GEN 1 of the St Helens Unitary Development Plan. 7.22 Contaminated Land

The Council’s Scientific Officer dealing with contaminated land has commented that the application site has historical land uses and in order to ensure that ground contamination issues are addressed, a full ground contamination is to be attached. This would ensure that the proposal complies with Policy ENV 26 of the St Helens Unitary Development Plan.

7.23 Tree Issues It is acknowledged that the application form states that there are no trees on site, however as stated in the representations, this is incorrect. The Trees and Woodlands Officer has commented that the trees on site do not merit retention and a tree survey is not required in this instance. In terms of landscaping, this is reserved for future consideration and will secure appropriate planting.

7.24 Development Adjoining the Green Belt

The site is particularly narrow and given that a critical sewer runs through the site, which requires a 4m easement on both sides, achieving a layout, which provides a significant buffer to the Green Belt is difficult in this instance. Appropriate planting in the space available can be secured in a reserved matters application, which deals with landscaping. It is therefore considered that this would ensure that the proposal would comply with Policy GB 12 of the St Helens Unitary Development Plan.

7.25 Security and Crime Prevention

The Merseyside Police Crime Reduction Officer has considered the proposed development and has not raised an objection. A number of observations have been made regarding the detailing of the building and boundary treatments, which would be dealt with at the reserved matters stage. These are to be attached as an informative. As regards the proposal bringing back anti-social behaviour problems to the area, no objection has been raised in


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this regard. It is therefore considered that subject to the use of appropriate boundary treatments and the incorporation of the points made by the Merseyside Police Crime Reduction Officer into the detailed design, the proposal would comply with Policy GEN 4 of the St Helens Unitary Development Plan.

7.26 Strategic Footpath and Cycleway

There is designated strategic footpath/cycleway, which runs to the south of the site along the line of a dismantled railway. The Rights of Way Officer has raised no issues with regards to rights of way and the developing of this site would not compromise the strategic footpath/cycleway. It is therefore considered that the proposal accords with Policy REC 5 of the St Helens Unitary Development Plan.

7.27 Other issues raised in the representations which ha ve not been

addressed above With the majority of development proposals, some level of disruption is inevitable and a refusal on this basis could not be sustained. In order to ensure residential amenity is not unduly harmed, it is considered reasonable to attach a condition restricting hours of construction to 0800-1800 Monday-Friday and 0800-1300 Saturday. As regards to there being too many developments in a small area, each proposal has to be considered on its own merits.

7.28 It is noted that there may be empty properties for sale and rent in the area,

however market forces must dictate and a reason for refusal on this basis cannot be sustained. This view is contrary to that of the Council’s Housing Strategy Section, which states that there is a requirement for affordable housing in the area, which this proposal would provide an element of.

7.29 The issue regarding the developer’s actions delaying the implementation of

the alley-gating scheme to the rear of properties on Station Road is not directly related to this planning application and details of boundary treatments for the site would be dealt with at reserved matters stage.

8.0. Conclusions 8.1 The development of the site for residential purposes is considered

appropriate. The layout is considered acceptable, as it would provide sufficient separation for light, privacy and flexible living. The scale would ensure that the proposal is in character with the area. The proposal would provide sufficient parking and the means of access to the site is considered acceptable.

9.0. Recommendation 9.1 Grant planning permission subject to the following conditions:

1. Time limit under S.92 (outline permission 3 years) (T11) 2. This permission is an outline permission in respect of the erection of one

or more buildings and, except with the written consent of the Council as Local Planning Authority, no site works of any kind shall be commenced until full details of as many of the following matters as have been reserved for later approval by the terms of the outline application have been


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submitted to and finally approved in writing by the Council as Local Planning Authority, namely, (a) external appearance (including materials of construction and their colour), (b) landscaping (including walls and fences).

3. Development shall be carried out in accordance with the following

parameters:

• Residential development for 20 apartments • Maximum height to eaves level – 7m • Maximum height to ridge level – 10.5m • Proposed Site Layout as shown on Drawing No. 04-745-OP01 Rev E

– Scale 1:250 – Date Apr.09 – Received 30/06/2010.

4. Except for site clearance and remediation, no part of the development hereby approved shall commence until a scheme for the design and construction of the works of highway improvement has been submitted to, and approved in writing by, the Council as Local Planning Authority. For avoidance of doubt the works of highway improvement comprise:

i. The widening of the carriageway of Cooper Lane fronting the development site to a width of 5.5 metres. ii. The reconstruction of that part of the carriageway of Cooper Lane from the southern side of the junction of Quayle Close to the southern extremity of the development site frontage with Cooper Lane The approved schemes shall subsequently be constructed and completed prior to first occupation.

5. The development hereby approved shall not be commenced until the

surface water drainage of the site has been designed so as to prevent the discharge of water on to the public highway. The details shall be submitted to, and approved in writing by, the Council as Local Planning Authority.

6. Sight splays of 2.4 x 25 metres, measured as described in Section 7.7 of

Manual for Streets, shall be provided at the junction of the site access road and Cooper Lane prior to first occupation. The splays shall be kept permanently free of all obstructions to visibility to footway/verge level.

7. Sight splays of 2.4 x 25 metres, measured as described in Section 7.7 of

Manual for Streets, shall be provided at the junction of the allotment car park access and the rear alley of Station Road prior to first use of the car park. The splays shall be kept permanently free of all obstructions to visibility exceeding 600mm in height above footway/verge level.

8. Except for site clearance and remediation, no part of the development

hereby approved shall commence until a scheme for the design and construction of the site access in accordance with the principles of the approved drawings has been submitted to, and approved in writing by, the Council as Local Planning Authority. For avoidance of doubt the site access shall consist of kerb radii of 6 metres, carriageway width at the inner tangent points of 5 metres, footway widths of 2 metres and shall include pedestrian crossing points and tactile paving. The approved


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scheme shall subsequently be constructed and completed prior to first occupation.

9. Except for site clearance and remediation, no part of the development

hereby approved shall commence until a scheme for the design and construction of the access to the allotments car park in accordance with the principles of the approved drawings has been submitted to, and approved in writing by, the Council as Local Planning Authority. For avoidance of doubt the site access shall consist of kerb radii of 6 metres and carriageway width at the inner tangent points of 6 metres. The approved scheme shall subsequently be constructed and completed prior to first occupation.

10. Any gate or other form of barrier across the access herby approved shall

be positioned at least 5 metres from the channel line of Cooper Lane and shall be constructed to open into the site only.

11. Prior to first occupation, the areas indicated on the submitted plans to be

set aside for parking and servicing needs shall be surfaced, drained and permanently marked out/demarcated in accordance with the details and specifications shown, unless the Council as Local Planning Authority agrees to any variation in writing. The approved parking/servicing areas shall be retained for those uses thereafter.

12. Prior to first occupation cycle parking provision in line with the Council’s

current standards shall be provided in accordance with details, which shall have first been submitted to, and approved in writing by, the Council as Local Planning Authority. The approved cycle parking provision shall be kept free for that specific use thereafter. Notwithstanding the provisions of the Town and Country Planning Act (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) no Building works, which reduce this provision, shall take place except following the express grant of planning permission by the Council.

13. Prior to the commencement of the development hereby approved wheel

cleaning facilities shall be provided within the site in accordance with details of location and type of equipment to be submitted to, and approved in writing by, the Planning Authority. The facilities shall be maintained and available for use throughout the course of the development works.

14. During construction works there shall be no heavy goods vehicles

exceeding 7.5 tonnes maximum gross weight permitted to arrive, depart, be loaded or unloaded on Sundays or Bank Holidays nor at any time except between the hours of 0900-1500 & 1600-1800 on Monday to Fridays and 0800-1300 on Saturdays.

15. Protection of trees (L04)

16. Japanese knotweed (Fallopia japonica) is identified as being present on

the development site. This plant is included in Schedule 9 Part 2 of the Wildlife and Countryside Act 1981 (as amended) and as such, it is an offence to cause the plant to grow in the wild.

Prior to commencement of any development, full details of a scheme (to include a timetable for implementation) for the eradication of Japanese


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Knotweed to be carried out by the developer, shall be submitted to and approved in writing by the Council as Local Planning Authority. Should a delay of more than one year occur between the date of agreement of the eradication scheme and the date of development commencing, a further site survey must be undertaken, submitted to and agreed in writing by the Council as Local Planning Authority to ensure the agreed methods are still applicable. A revised implementation timetable must also be submitted to and agreed in writing by the Council as Local Planning Authority. The eradication scheme shall be implemented in complete accordance with the agreed implementation timetable.

17. Hours of construction (Monday – Friday 0800-1800, Saturday 0800-1300)

(X15) 18. No part of the development hereby permitted shall commence until

ground contamination issues have been addressed as detailed below:

a) a investigation and assessment methodology, including analysis suite and risk assessment methodologies, has been agreed in writing by the Local Planning Authority prior to site investigations. b) a site investigation and assessment has been carried out by the appropriate qualified and experienced personnel to determine the status of contamination [including chemical / radiochemical / flammable or toxic gas / asbestos / biological / physical hazards / other contamination] at the site and submitted to the Local Planning Authority. The investigations and assessment shall be in accordance with current Government and Environment Agency recommendations and guidance and shall identify the nature and concentration of any contaminants present, their potential for migration and risks associated with them.

c) a remediation scheme, which shall include an implementation timetable, monitoring proposals and remediation validation methodology, has been agreed with the Local Planning Authority and The agreed remediation scheme shall be demonstrably and successfully completed before the proposed use commences. It is important that remediation is undertaken in accordance with the proposed remediation strategy, and that accurate documentary evidence is maintained so that it can be summarised along with validation testing as part of a site completion report. Any variation found in the ground should trigger the immediate notification of the developer’s consultant, the Planning Department and the Council’s Environmental Protection Section.

A Site Completion Report shall be submitted to the Local Planning Authority and approved in writing before this condition will be discharged. This shall include details on: the remediation works undertaken; validation testing of the adequacy of any remediation; certificates of the suitability of the imported cover materials (from a suitably qualified independent person); the fate of any excavated material; and any planned verification monitoring programme including details of any installed post-completion monitoring devices with measures to be undertaken should action limits be exceeded. This report forms the most important documentary evidence that the site has been remediated to a ‘suitable for use’ standard, and should be conducted by a suitably qualified professional.


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19. The development shall not begin until a scheme for the provision of affordable housing (3 social rented units and 3 intermediate housing units), in accordance with the definition set out in Annex B of PPS 3 and the Council’s Affordable Housing SPD, as part of the development has been submitted and approved in writing by the Council as Local Planning Authority. The affordable housing shall be provided in accordance with the approved scheme. The scheme shall include: � The numbers, type and location on the site of the affordable housing

provision to be made; � The timing of the construction of the affordable housing; � The arrangements to ensure that such provision is affordable for both

initial and subsequent occupiers of the affordable housing; and � The occupancy criteria to be used for determining the identity of

prospective and successive occupiers of the affordable housing, and the means by which such occupancy shall be enforced.

20. No development shall take place until a Site Waste Management Plan has

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

21. No development shall take place until a soil method statement for the

importation of soils has been submitted to and approved in writing by the Council as Local Planning Authority. The importation of soil shall be implemented in complete accordance with the agreed statement.

22. No vegetation removal, tree, scrub or hedgerow felling, management and

/ or cutting operations should take place during the period 1 March to 31 August inclusive to protect breeding birds unless a visual inspection is undertaken by an Ecologist on the day of the proposed works to ensure no breeding birds are present. Confirmation that the inspection occurred and that no active nests were found must be submitted to the Council as Local Planning Authority within 3 days of the inspection.

23. No development shall take place until a scheme detailing the

implementation and management of the 5 allotments has been submitted to approved in writing by the Council as Local Planning Authority. The allotments shall be fully implemented prior to the first occupation of the any residential unit hereby approved and be maintained thereafter.

Informatives Highway Informatives It is an offence to carry out any works within the public highway without permission of the Highway Authority. The grant of planning permission will require the applicant to enter into a S278 Agreement with the Council as Highway Authority. The applicant is advised to contact Mike Taylor, Transport Planning, Town Hall, Victoria Square, St Helens WA10 1HP (Tel 01744 676187) to ascertain the details of such an agreement and the information to be provided. Prior to commencement of development a joint inspection between the applicant and the Highway Authority of the condition the existing footways/carriageways within the vicinity of the site should be carried out. The applicant is advised to contact Danny Gordon, Streetworks Manager, Wesley House, Corporation Street, St Helens WA10 1HF (Tel 01744 676382) for further details.


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The grant of planning permission does not entitle a developer to obstruct public highway and any proposed stopping-up or diversion of highway should be the subject of an Order under the appropriate Act. The grant of planning permission does not entitle a developer to obstruct a right of way and any proposed stopping-up or diversion of a right of way should be the subject of an Order under the appropriate Act. It is an offence to erect a sign on the public highway without permission of the Highway Authority. The grant of planning permission does not entitle a developer to erect any form of signing (directional, advertisement or otherwise) on the highway and consent is required from the Highway Authority. Contact Dave Whittleston, Traffic Management Section, Wesley House, Corporation Street, St Helens WA10 1HF (Tel 01744 676388) for further details. Any landscaping within the site is to be positioned and maintained such that it does not encroach on or over the adjacent highway. The grant of planning permission shall not be construed as authority to erect scaffolding, hoarding or any other device or apparatus for which a licence must be sought from the Highway Authority. Contact Danny Gordon, Streetworks Manager, Wesley House, Corporation Street, St Helens WA10 1HF (Tel 01744 676382) for further details. The applicant is reminded that it is an offence to allow material to be carried from the site and deposited on or cause damage to the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and will prosecute persistent offenders under Sections 131, 148 & 149 of the Highways Act 1980. Environmental Health Informatives The developer is advised to consider the following informative statement attached to the permission concerning the Environmental Protection Act 1990, Part IIA: INFORMATIVE - Environmental Protection Act 1990 - Part IIA: It is strongly recommended that the applicant considers the status of the site under Part IIA of the EPA 90 at the same time as assessing its suitability for use under the planning process and that the advice of the LPA and Environment Agency is routinely sought. This approach is advised to minimise the potential for any future regulation from uncharacterised issues. The applicant should also have regard to the following statement in PLANNING POLICY STATEMENT 23 (section 2.51) “As a minimum, after carrying out the development and commencement of its use, the land should not be capable of being determined as contaminated land under Part IIA of the EPA 1990.” Crime Reduction Officer Informative The Merseyside Police Crime Reduction Officer has the following questions with regard to this proposal, which need to be addressed prior to the submission of the reserved matters application. If you wish to discuss, please contact Dave Devonport on (0151) 777 6047.

� What type of gate is to be fitted to the main site entrance? What will be the design, height, construction materials and will it be a manual or electrical etc.


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� Please supply details of the site boundary treatment i.e fence design, heights and materials.

� Could the developer please supply details of the access control to

apartments, i.e intercom audio or video.

� What will be the window and door types and standards, also include info re individual dwelling doors.

� Consideration should be given to windows in the gable ends. This will offer

better surveillance over the car parking areas.

� Will there be a maintenance contract for the communal areas?

� Will the developer be applying for the secure by design accreditation? United Utilities Informative United Utilities have informed the agent that they will allow a diversion of the sewer provided it is carried out by United Utilities term contractor. Deep rooted shrubs and trees should not be planted in the vicinity of the public sewer and overflow systems. In accordance with PPS25 surface water must not be allowed to discharge to foul/combined sewer. This prevents foul flooding and pollution of the environment. This site must be drained on a separate system, with only foul drainage connected into the foul sewer. Surface water should discharge to the soakaway/watercourse/surface water sewer and may require the consent of the Environment Agency. If surface water is allowed to be discharged to the public surface water sewerage system we may require the flow to be attenuated to a maximum discharge rate determined by United Utilities. If any sewers on this development are proposed for adoption then the developer should contact our Sewer Adoptions Team on 01925 428267. There are also water mains that run along the southern boundary of the site and care should be taken during and after construction not to damage the mains or alter the level of cover to them. A copy of United Utilities standard condition for working near pipelines has been forwarded to the agent. A separate metered supply to each unit will be required at the applicant's expense and all internal pipework must comply with current water supply (water fittings) regulations 1999. The applicant should be instructed to lay their own private pipe to United Utilities standards, back to the existing water main. If this involves passing through third party land United Utilities must receive a solicitor’s letter confirming an easement, prior to connection. Should this application be approved the applicant must contact our water fittings section at Warrington North WwTW, Gatewarth Industrial Estate, off Liverpool Road, Sankey Bridges, Warrington, WA5 2DS. The applicant should also contact our Service Enquiries on 0845 7462200 regarding connection to the water mains/public sewers United Utilities offers a fully supported mapping service at a modest cost for our electricity, water mains and sewerage assets. This is a service, which is constantly updated by our Map Services Team (Tel No: 0870 7510101) and I recommend that the applicant give early consideration in project design as it is better value than


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traditional methods of data gathering. It is, however, the applicant's responsibility to demonstrate the exact relationship on site between any assets that may cross the site and any proposed development.


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10.0 Images


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Photograph showing the application site and its rel ationship to the rear of

properties on Station Road.




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Photograph showing the gap between no.57 and no.59 Station Road which

would provide access to the proposed allotments.


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Photograph showing the application site as viewed f rom the gap between

no.57 and no.59 Station Road.

planning committee 07/09/2010 application no: p/2010/0611...

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