Professor Steven Broomhead Chief

To: Members of the Development Management Professor Steven Broomhead Committee Chief Executive

Councillors: Chair – T McCarthy Town Hall Deputy Chair – J Grime Sankey Street P Carey, G Friend, B Maher, L Morgan, K Mundry, Warrington R Purnell, S Wright, J Wheeler, B Barr, S Parish. WA1 1UH

4 February 2020

Development Management Committee

Wednesday, 12 February 2019, 6.30pm

Venue – Council Chamber, Town Hall, Sankey Street, Warrington, WA1 1UH

Agenda prepared by Jennie Cordwell, Senior Democratic Services Officer – Telephone: (01925) 442139 E-mail: [email protected]

A G E N D A

Part 1

Items during the consideration of which the meeting is expected to be open to members of the public (including the press) subject to any statutory right of exclusion.

Item 1. Apologies for Absence

To record any apologies received.

2. Code of Conduct - Declarations of Interest Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012

Members are reminded of their responsibility to declare any disclosable pecuniary or non-pecuniary interest which they have in any item of business on the agenda no later than when the item is reached.

1 Item Page No.

3. Minutes

To confirm the minutes of the meeting held on 22nd January 2020 3 as a correct record.

4. Planning Applications (Main Plans List)

Report of the Director of Growth Attached as a separate document

Part 2

Items of a “confidential or other special nature” during which it is likely that the meeting will not be open to the public and press as there would be a disclosure of exempt information as defined in Section 100I of the Local Government Act 1972.

Nil

2 Agenda Item 3

DEVELOPMENT MANAGEMENT COMMITTEE

22 January 2020

Present: Councillor T McCarthy (Chairman) Councillors J Grime, P Carey, K Mundry, R Purnell, J Wheeler, L Morgan, S Parish, S Wright and B Barr

DM83 Apologies for Absence

Apologies for absence were received from Councillor B Maher.

DM84 Code of Conduct – Declarations of Interest

Councillor Minute Reason Action Cllr McCarthy DM91 Ward Councillor for No involvement area in question with the application, remained in the room and took part in the discussion and vote Cllr Wheeler DM88 & DM90 Ward Councillor for No involvement area in question with the application, remained in the room and took part in the discussion and vote

DM85 Minutes

Resolved,

That the minutes of the meeting held on 18 December 2019 and 13 March 2019 were agreed as correct records and signed by the Chairman.

DM86 Planning Applications

Resolved,

That Pursuant to the Town and Country Planning Act 1990 (As Amended) the applications for permission to develop land be considered and dealt with in the manner agreed.

3 Agenda Item 3

DM87 2019/34804 – 126, PARK ROAD, GREAT SANKEY, WARRINGTON, WA5 3HQ Householder- Proposed ground and first floor side extension with a single storey garden room to rear of property.

The Director of Environment and Transport submitted the above application with a recommendation for approval.

A site visit took place on Friday 17 January 2020.

Representations were heard in support of and against the application.

Members noted the update report.

A motion was put to the Committee to approve the application. This motion was lost.

A motion was put to the Committee to refuse the application. This motion was agreed.

Resolved,

That application 2019/34804 be refused on the grounds of; 1. The application, by means of its scale and siting in proximity to the window of the neighbouring property, no. 124 Park Road, would have an overbearing and dominant impact to the detriment of residential amenity. As such the application is contrary to the provisions of policy QE6: Environment and Amenity Protection contained within the Core Strategy (2014). 2. The single storey side extension presents a blank elevation to the street scene and, as such, it is out of keeping with the host dwelling and introduces an incongruous feature contrary to policy QE7: Ensuring a High Quality Place contained within the Core Strategy (2014).

DM88 2019/35118 - WALTON LEA NURSERY, CHESTER ROAD, WARRINGTON, WA4 6TB Full Planning - Erection of Greenhouse, modular buildings and sheds (retrospective) and the Change of use of existing buildings to use as a tea room and retail space ancillary to existing educational use of the site

The Director of Environment and Transport submitted the above application with a recommendation for approval.

A site visit took place on Friday 17 January 2020.

Representations were heard in support of and against the application.

Members noted the update report.

4 Agenda Item 3

Resolved,

That application 2019/35118 be deferred to allow further discussion with all parties on the matters of (1) Retail/ teashop weekend opening (2) Timeframes for removal of structures Both of these issues would be subject to control by condition.

DM89 2019/35896 – 6, GRANTHAM AVENUE, WALTON, WARRINGTON, WA4 6PF - Full Planning - Proposed construction of new dwelling with a new vehicular access and the alteration to fenestration of existing dwelling

The Director of Environment and Transport submitted the above application with a recommendation for approval.

A site visit took place on Friday 17 January 2020.

Representations were heard in support of and against the application.

Members noted the update report.

Resolved,

That application 2019/35896 be refused on the grounds of; (1) The proposal, by means of height, massing and siting, is out of keeping with the established character of the area and would appear incongruous. It would have a significant adverse impact of the visual amenity of the street scene and is therefore contrary to policy QE7: Ensuring a High Quality Place contained within the Core Strategy (2014). (2) The subdivision of the plot would lead to the erection of an enclosure in close proximity to the ground floor windows on the side elevation of no. 6 Grantham Avenue, which would detrimentally impact on the amenity of future occupiers. As such the application is contrary to the provisions of policy QE6: Environment and Amenity Protection contained within the Core Strategy (2014). (3) The proposed vehicular access to the dwelling would lead to the loss of a lime tree positioned within the highway that provides significant value, as part of a larger grouping, to the street scene. In absence of the opportunities for suitable mitigation, the proposal is contrary to policy QE7: Ensuring a High Quality Place contained within the Core Strategy (2014).

5 Agenda Item 3

DM90 2019/36022 – 84, BRIDGE LANE, APPLETON, WARRINGTON, WA4 3AJ - Householder - Proposed construction of a 2 story rear extension comprising of a new kitchen to the ground floor and 2 additional bedrooms to the first floor.

The Director of Environment and Transport submitted the above application with a recommendation for approval.

Members noted the update report.

Resolved,

That application 2019/36022 be approved as per the Officer recommendation and update report.

DM91 2019/36071 – 4, BARNFIELD ROAD, WOOLSTON, WARRINGTON, WA1 4NW - Householder - Proposed single storey rear, side and front porch extension

The Director of Environment and Transport submitted the above application with a recommendation for approval.

Members noted the update report.

Resolved,

That application 2019/36071 be approved as per the Officer recommendation and update report.

DM92 2019/36139 – 1, DEEPDALE CLOSE, GREAT SANKEY, WARRINGTON, WA5 3DG - Householder - Proposed single storey link/infill extension

The Director of Environment and Transport submitted the above application with a recommendation for approval.

Resolved,

That application 2019/36139 be approved subject to an additional condition that states, prior to any above ground works, detailing of the join between the proposed extension and the existing front outbuilding shall be submitted to and agreed in writing by the Local Planning Authority and shall be implemented in full thereafter. Reason: These details are not included within the application and are required in the interests of good design in accordance with policy QE7: Ensuring a High Quality Place contained within the Core Strategy (2014).

Signed………….………………..

Dated...…………………

6 DEVELOPMENT MANAGEMENT COMMITTEE

Wednesday 12th February 2020

Start 18:30

Item Page App number App Location/Description Recommendation

1 3 2019/36091 LAND ADJACENT TO 88, HIGHER LANE, LYMM, Approve WARRINGTON, WA13 0BY Full Planning - Proposed construction of new dwelling

2 34 2019/35772 SIR THOMAS BOTELER CHURCH OF ENGLAND Approve HIGH SCHOOL, GRAMMAR SCHOOL ROAD, LATCHFORD, WARRINGTON, WA4 1JL Full Planning - Proposed Installation of new 2400mm mesh and railing boundary fencing and 3000mm mesh fencing around tennis courts, to include vehicle and pedestrian gates.

Approve 48, LODGE DRIVE, CULCHETH AND GLAZEBURY, 3 49 2019/35800 WARRINGTON, WA3 4ER Full Planning - Proposed change of use from Shop/Retail to Bar for sale of Alcoholic Beverages and ancillary use of a Coffee Bar

4 63 2019/35915 18, GRAMMAR SCHOOL ROAD, LYMM, Approve WARRINGTON, WA13 0BQ Full Planning - Proposed demolition of detached dwelling and the erection of 2No. Detached dwellings.

5 94 2019/36125 VICTORIA PARK, KNUTSFORD ROAD, Approve LATCHFORD, WARRINGTON Full Planning - Proposed Artificial Grass Pitch (AGP) with associated features including 3.00m high ball stop fencing and entrance gates; high pitch barriers with entrance gates internally within fenced AGP enclosure; hard-standing areas complete with associated porous asphalt surfacing for portable goals

storage, pedestrian access and circulation and access

as well as vehicular maintenance and emergency

access; artificial grass surfaced match day access; 15.00m and 16.00m high floodlight system around AGP perimeter; 6.00m high amenity lighting along hard standing access; 2.59m high maintenance equipment store located within AGP fenced enclosure; cycle park with 2.13m high covered shelter

6 115 2019/36175 DEWHURST ROAD, BIRCHWOOD, WARRINGTON, Approve WA3 7QS Full Planning - Proposed telecommunications upgrade. Proposed phase 7 monopole C/W wraparound cabinet at base and associated works

7 128 2019/36218 TOWN HALL, SANKEY STREET, BEWSEY AND Approve WHITECROSS, WARRINGTON, WA1 1UH Listed building- Proposed exploratory ground work to investigate and determine the nature of the soil and foundation

8 139 2019/36253 SHELTER AT WARRINGTON CEMETERY, Approve MANCHESTER ROAD, WARRINGTON, WA1 3BG Full Planning - Proposed replacement of decayed fascia, soffit and plywood deck to flat roof. Replace failed roof felt and damaged PVCU gutters.

9 150 2019/36267 VACANT LAND AT THE JUNCTION OF DALLAM Approve LANE/TANNERS LANE, WARRINGTON Full Planning - Proposed change of use on a temporary basis as a private car park for up to 50

vehicles associated with The Base office development.

The project includes new street lighting, access control

barrier and resurfacing and lining of the existing surface

DEVELOPMENT MANAGEMENT COMMITTEE DATE 12th February 2020 ITEM 1

Application Number: 2019/36091

Description of Development: Full Planning – Proposed construction of new dwelling Location Address: Land adjacent to 88 Higher Lane, Lymm, WA13 0BY Applicant: Donna O’Keefe Ward: Lymm Site Allocation: None Number of representations Six Neighbours received: Parish Council Cllr Fradgley Reason for Referral: Parish Objection Cllr Fradgley request Statutory expiry date: 12th February 2020

Recommendation: Approve subject to conditions

Case Officer: Angela Forsyth [email protected]

SUMMARY OF KEY REASONS FOR RECOMMENDATION • The principle of residential development in this location including the impact on the woodland setting is considered acceptable. • The design and construction of the dwelling and access to and from the site, parking provision and layout within the site, including impact on the woodland to be retained, is considered acceptable. • The replacement planting and woodland management as proposed is considered to be acceptable.

• The living conditions of future occupiers and adjacent occupiers would be protected from undue harm. • The impact of the development upon any protected species has been assessed and subject to appropriate mitigation is acceptable.

OFFICER’S REPORT TO PLANNING COMMITTEE 1. APPLICATION SITE AND SURROUNDINGS

1.1 Application site is a small woodland sandwiched in between a linear strip of housing within Lymm inset village, with the Green Belt boundary to the rear. The small woodland is covered by a Tree Preservation Order No.366.The site edged blue (to the rear) appears to be part inset village and part Green Belt. The site is defined with a post and rail timber fence to the front, with an access gate to the north- western side of the site.

1.2 The street scene is of a particularly high character; one of large individual detached dwellings on large plots with strong front boundaries, extensive tended landscaping / greenery, all sitting on a tree lined / grass verge road. To the rear of the site is farmed agricultural land 1.3 A small substation with access off Higher Lane sits to one side of / just outside of the site; with a gated access off Higher Lane to provide access.

2. DESCRIPTION OF PROPOSAL

2.1 The proposal is effectively for the construction of a single 1½ storey dwelling in that the bedrooms are located within a monopitch roof space. Basically, the ceiling height of the internal bedroom space would be restricted to the front but full height to the rear. The dwelling has been specifically designed to respect the woodland setting. 2.2 The style of the dwelling is bespoke in that it comprises three linked chambers and is curved both in foot print, elevations and the roof. The curved footprint manages to accommodate the root protection zones of the retained protected trees. The elevations would be timber clad and the curved wildflower green roof will incorporate a setback in each of the three sections to provide what would be a recessed dormer window. To the rear, 2 full height floors are evident which, for the most part, would be finished as a wall of glass. A large patio is also proposed to the rear. Access would be off Higher Lane and a large area of hard standing is proposed to provide appropriate levels of off street parking and manoeuvring space. 2.3 The timber post and rail fence along the front boundary of the site would be marginally re-sited and landscaping re-aligned to ensure that an appropriate visibility splay can be accommodated

3. AMENDED PLANS

3.1 Amended plans are not required

4. LOCAL REPRESENTATIONS

Ward Councillors Cllr Fradgley: requests that this case be put forward to the Development Management Committee and also asks for a site visit by the committee, for the following reasons, summarised as: Loss of Trees • The site is a TPO woodland copse with good and poor trees. Deterioration of the trees is due to neglect. Woodland TPOs protect trees as a collective unit. The value of the vegetation within the woodland also has merit. The application dismissed at appeal, should be considered in conjunction with this application, very little differs other than it now being a single storey. There will be a loss of TPO trees and undergrowth to build the property. • A dwelling on this site will not support the character of the woodland. A ‘domestic garden’ is not the same as ‘woodland’.

Residential Amenity • Occupiers will have reduced amenity due to the woodland, specific to light and enjoyment of outdoor space. This will lead to pressure for further loss of trees and vegetation.

Design and Character: • The design of this building does not sit within the street scene of the buildings on either side. • This application will have a detrimental effect on the character and appearance of the coppiced woodland, it contravenes QE7 and the Design and Construction SPD

Other Material Considerations: • The Planning Inspectorate’s Appeal Decision APP/M0655/W/18/3203510 - it will have a detrimental effect on the residential property leading to a pressure for further tree and vegetation loss.

Parish Council Lymm Parish Council objection on the following grounds, summarised as: Loss of Trees

• The value of the woodland coppice area which was never intended to be built on. Any future planting would not hold the same protection as the current trees have.

Impact on Ecology • Value to wildlife and the ecosystem which would be destroyed if the coppice area is destroyed.

Design • The house design is not in keeping with the street scene.

Other Material Considerations • There are no substantial changes from the previously refused application.

General Public The applications was publicised by 9 neighbour notification letters. As a result six objections have been received from residents. These are summarised as follows: Woodland Character • The land in question was planted as a woodland coppice well over 100 years ago and a woodland TPO since 1951 providing valued amenity to Lymm. Small areas like this make a significant contribution to amenity / local character; and as such, the loss of trees would cause significant harm to amenity and its verdant setting; • The loss of predominant visible mature protected woodland trees cannot be compensated for with trees which are not visible from the public space, nor can they be compensated with "woodland screening" which is contained within a residential curtilage; • The change of use of TPO designated woodland to residential conflicts with the sustainable objectives of the NPPF. It would bring a domestic visual appearance to the street scene, as opposed to the existing appearance which provides a significant contribution through its strong woodland verdant character. The screening woodland to the front of a domestic residential use, would not be one which would be appropriate for a TPO woodland. • A house cannot be built there without the need to remove trees or subsequent applications to prune / fell further trees;

Habitat • The felling of trees by its condition is deceiving and misleading. Trees of poor condition, in a Woodland TPO area provide a regenerative function, and form biological and ecological habitats for the future. • The woodland provides nesting and habitat for birds and bats; development resulting in the loss or deterioration of irreplaceable habitats should be refused unless there are exceptional reasons and a suitable compensation strategy exists. Exceptional reasons have not been put forward, damage will occur hence the proposed compensation scheme extending into the Green Belt. The planting proposed is typical of gardens, extending the residential area into the Green Belt.

Previous Appeal • A similar proposal was refused by the Council and dismissed on appeal; the only differences are house design and the inclusion of land edged blue, to be planted as an extension to the woodland; • The application does not address the points in the Inspector’s report, nor the local planning authority’s reasons for refusal. It is not in accordance with the current development plan. It would be harmful to the distinctive landscape setting and appearance of this area.

Green Belt • The development as a single private residential development is not comparable with the examples listed as wholly exceptional circumstances and therefore should not qualify for the possibility of balance being sought through compensatory measures.

Highways • One neighbour raise no objection to the proposal provided that, during construction, no vehicles associated with the development are parked on Higher Lane;

Neighbours / Residential Amenity • The design does not protect the amenity of future occupiers of the proposed new dwelling with respect to daylight / sunlight / overshadowing from both existing and proposed replacement planting. • The proposal seeks to create a large extent of new woodland with significant high planting to the south of the site. This would result in significant adverse impact on amenity through reduced daylight/sunlight and overshadowing levels of the habitable rear rooms of the neighbouring property (no.88). High density of tall trees in compensation would occur at a much higher ground level than the habitable rooms of no.88. • The presence of a number of Wild Privet of Semi-Evergreen variety within proximity of no.88 would result in a constant grounds for complaint under the Anti-Social Behaviour Act 2003, Part 8 - High Hedges, and thus putting constant pressure on the new area of TPO Woodland.

5. CONSULTEES

Greater Manchester Ecology Unit: No objection in principle subject to complying with the mitigation as agreed and conditions regarding badgers and landscaping. WBC Trees and Landscape Officer: No objection in principle subject to conditions with regard to protective measures held within the Arboricultural Report to be adhered to. Also 5 year retention and replacement condition should be placed on landscape plantings, to allow suitable time for consideration of amendments to the TPO to include new plantings.

WBC Transport Planning and Development Control - No objection subject to conditions for a construction management plan and vehicle charging point.

WBC Families and Wellbeing Directorate – Public Protection Contaminated Land: No objection Noise: No objection

United Utilities – No objection

6. RELEVANT SITE HISTORY

Planning Description of Decision Date of Decision Reference Development 2017/29715 Full Planning – Withdrawn 27th April 2017 Proposed new dwelling including vehicle access 2017/31434 Full Planning – Refused for the 12th December Proposed new following reason: 2017 dwelling The proposed including vehicle dwelling would significantly affect access protected, good quality tree stock which make a significant contribution to the character of the area; and without scope for suitable replacement planting with same long term value. Furthermore in the event that the house was built, the retained and the replacement trees would have a detrimental impact on the living conditions of any future occupiers and lead to pressure for further tree loss. It is therefore considered that the proposal would be harmful to the protected trees/woodland and the character and appearance of the area contrary to policies QE7 and QE3 of the Core Strategy.

APP/M0655/ Planning appeal Appeal 30th October W/18/3203510 for 2017/31434 Dismissed 2018

7. PLANNING POLICY

7.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires the Committee to make its determination in accordance with the Development Plan unless material planning considerations support a different decision being taken. Whilst third party representations are regarded as material planning considerations (assuming that they raise town planning matters) the primary consideration, irrespective of the source or number of third party representations received, remains the extent to which planning proposals comply with the Development Plan. The National Planning Policy Framework (NPPF) supports this legislative position and its contents are a material consideration in determining the application.

National Planning Policy Framework 2019 (NPPF) 7.2 The National Planning Policy Framework (2019) (NPPF) confirms that decisions should apply a presumption in favour of sustainable development. Paragraph 7 of the document states that the objective of sustainable development can be summarised as meeting the needs of the present without compromising the ability of future generations to meet their own needs. This is balanced by Paragraph 9 which states that plans and decisions need to take local circumstances into account, so that they reflect the character, needs and opportunities of each area.

7.3 Where there are other specific, relevant, material issues raised in the NPPF these will be discussed within the Assessment below. As stated above, the NPPF re-iterates that planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan, in the case of Warrington, refers to the Local Plan Core Strategy (2014).

7.4 Relevant Policies in the Local Plan Core Strategy (2014) • Policy CS1 Overall Spatial Strategy – Delivering Sustainable Development • Policy CS5 Overall Spatial Strategy – Green Belt • Policy SN1 Distribution and Nature of New Housing • Policy SN2 Securing Mixed & Inclusive Neighbourhoods • Policy QE4 Flood Risk • Policy QE5 Biodiversity • Policy QE6 Environment and Amenity Protection • Policy QE7 Ensuring a High Quality Place • Policy MP1 General Transport Principles • Policy MP7 Transport Assessments and Travel Plans • Policy MP10 Infrastructure • Policy CC1 Inset and Green Belt Settlements

7.5 Supplementary Planning Documents • Environmental Protection SPD • Design and Construction SPD • Standards for Parking in New Development SPD

Lymm Neighbourhood Plan (2019)

8. EQUALITIES ACT (2010)

8.1 In determining this application, the Local Planning Authority has considered the requirements under S149 of the Equalities Act 2010. It is considered that the application has no differential impacts.

9. ASSESSMENT

Background – Appeal APP/M0655/W/18/3203510 (dismissed October 2018)

9.1 The previous application 2017/31434 for a detached house on the site, was refused by the Council for reasons relating to loss of trees that makes a significant contribution to local character, poor replacement planting and impact on the living conditions of future occupiers (see section 6).

9.2 The 2017 application is noticeably different to this proposal in that the residential curtilage proposed (gardens) was significantly larger, it consisted of all of the woodland site as defined within the inset village boundary (it did not include green belt land to the rear, this was edged in blue). The dwelling proposed was a much larger 2 storey flat roof modern dwelling and large parking area. The layout, construction and design of the proposed dwelling and hardstanding all had very limited regard to the protected woodland site and its character / amenity value. In addition, the planting proposed did not compliment the woodland setting, the loss of some trees were not sufficiently justified, replacement specimens were poor choices and the application site had limited scope in accommodating replacement planting without impacting the amenity of the new dwelling. The proposal advocated the removal of 11 trees based on condition, 4 trees for the development (1 of which was a tree ‘of significance’) and replacement planting of 14 trees.

9.3 The 2017 application was appealed and subsequently dismissed as the inspector was of the opinion that the presence of a mature tree population which contributes to the character of the surrounding area, and the requirement to replace lost trees, would place constraints on the usability of this space for the domestic purposes typically associated with a dwelling of this nature. The proposal would not accord with the development plan taken as a whole and there were no other material considerations to outweigh this finding. Below is a summary of the Inspector’s findings:

9.3.1 The main issues are the effect of the proposed development on the character and appearance of the area, including its effect on protected trees, and whether the requirement for replacement trees would have a harmful effect on the living conditions of the future occupiers of the proposed dwelling.

Character and appearance 9.3.2 The site makes a contribution to the verdant mature landscape setting of the area. It is clear that the site has not been well managed and that as a result some trees are of poor quality. Each tree need not individually warrant protection, but the unit as a whole should.

9.3.3 The proposal would involve the removal of 12 individual trees and 4 groups of smaller trees; 4 individual trees to make way for the development and the others removed as part of good management practice. The poorer quality and diseased trees would typically be removed in stages as part of normal woodland management operations seeking to manage woodland habitats.

9.3.3 The removal of around half the current mature tree cover, mostly from the middle section of the site, would have a significant effect on the contribution it makes to the character and appearance of the area. Replacement planting around the periphery and to the rear of the site would comprise largely modestly sized and ornamental tree varieties. These trees have been selected to enable the management of tree cover within the context of a domestic garden. This selection would not support the long term maintenance of the woodland character of the site.

9.3.4 On this basis, there would be conflict within Policy QE7 which seeks to reinforce local distinctiveness and enhance the character, appearance and function of the street scene, local area and wider townscape, and Policy QE3 which seeks to protect existing green infrastructure and the function it performs. There would also be conflict with the Warrington Borough Council Supplementary Planning Document ‘Design and Construction’ which states that trees and woodland are of vital importance to people especially in urban areas.

Living conditions 9.3.5 The usability of the garden area for the usual range of domestic activities would be restricted by the shading and sense of enclosure generated by existing trees, and replacement planting; the degree of light received would be greatly compromised. The occupancy levels associated with a four bedroomed property would be likely to generate an expectation of a reasonably high level of outdoor use, which may result in pressure to remove further trees. Of concern in this case would be the overwhelming impact and restrictions imposed by this woodland environment on the living conditions of future occupiers.

9.3.6 Therefore, there would be conflict with Local Plan Policies CS1 and QE6 which, amongst other things, seek to safeguard the living conditions of future occupiers of new housing.

Other 9.3.7 Local Plan Policy CC1 states new build development will be allowed providing it complies with national policy and is sustainable in terms of Policy CS1. Policy CS1 refers to support for sustainable development proposals, including sustaining and enhancing biodiversity and the delivery of high standards of design that have regard to local distinctiveness and energy efficiency. Whilst the proposal has been designed as an energy efficient building and its contemporary appearance was considered

acceptable by the Council, I have found that this proposal would be harmful to the distinctive landscape setting and appearance of this area. Therefore, whilst neither Policy CC1 nor Policy CS1 are identified within the reason for refusal, there is further conflict with these policy principles.

9.3.8 This scheme would make a small contribution to housing supply in a sustainable location, it would also be designed as a highly energy efficient building. Elements of the scheme would also accord with other aspects of the Framework, including the promotion of small to medium sized sites for housing development. Overall I afford these matters modest weight in the planning balance.

9.4 It is noted that the Inspector did not object in principle to the use of this inset site for residential use. Nor have there been significant policy changes since the 2018 appeal (The NPPF from 2012 was revised in 2019 but changes mostly related to Green Belt and principles for provision of housing within the borough). The appeal summary above is fairly comprehensive in setting out the constraints to be considered / managed in moving forward with development on this site.

9.5 The assessment below considers the merits of the current proposal in full: however, the more significant changes are summarised below: • Woodland management is more of a significant consideration from the outset as set out in both the woodland management strategy, the layout, design and construction of the new dwelling, replacement planting and ecological improvements; • The dwelling is bespoke and has been designed following the outcome of a more robust arboriculture / tree survey and considered tree protection / longer term viability for the trees to be retained. • The residential curtilage of the new dwelling (gardens) is much smaller. • It identifies potential impacts on the woodland on the residential amenity of future occupiers.

Principle of Development 9.6 The National Planning Policy framework (NPPF) states that to support the Government’s objective of significantly boosting the supply of homes, it is important that a sufficient amount and variety of land can come forward where it is needed, that the needs of groups with specific housing requirements are addressed and that land with permission is developed without unnecessary delay.

9.7 Small and medium sized sites can make an important contribution to meeting the housing requirement of an area, and are often built-out relatively quickly. To promote the development of a good mix of sites local planning authorities should support the development of windfall sites through their policies and decisions – giving great weight to the benefits of using suitable sites within existing settlements for homes; provided they are well located and designed, and supported by the necessary infrastructure and facilities.

9.8 Local Planning Authorities should set clear expectations for the quality of the development and how this can be maintained and ensure that a variety of homes to meet the needs of different groups in the community will be provided.

9.9 Policy CS1 states that throughout the Borough development proposals that are sustainable will be welcomed and approved without delay. In order to be sustainable, development should accord with national and local policy and have regard to housing growth; prioritise growth on inner Warrington’s previously developed land; protect the Green Belt / character of the countryside; safeguard environmental standards, public safety and residential amenity; and the need to develop sites in appropriate locations accessible by public transport, walking and cycling. Sites should make use of existing infrastructure within existing settlements and deliver high standards of design and construction.

9.10 Policy CC1 states that within settlements that are inset (excluded from Green Belt), including Lymm, new build developments will be allowed provided they comply with national planning policy and are sustainable in terms of Policy CS1.

9.11 Policy CS2 outlines the broad spatial strategy and specifies, amongst other things; that the town of Warrington will continue to function as the primary settlement in the borough; 80% of new homes should be delivered on previously developed land (PDL), 40% of new homes will be delivered within suburbs and the boroughs defined settlements (including Lymm).

9.12 Policy SN1 sets out the Council’s approach to managing the distribution and nature of new housing, ensuring that the mix of housing meets identified needs and ensures that an attractive and balanced housing offer is available. This policy reiterates PDL and location of new homes within the suburban areas of the town and the Borough’s outlying settlements. It goes on to clarify that small-scale, low impact infill development will be supported in the Borough’s defined settlements, where the proposal accords with relevant national policy.

9.13 The Local Plan Core Strategy housing target was quashed by the High Court in February 2015. In the absence of a housing target the Council is not currently able to demonstrate a 5 year housing land supply.

9.14 Paragraph 11 of the NPPF states that for an application involving the provision of housing, where the local planning authority cannot demonstrate a five year supply of deliverable housing sites, planning permission should be granted unless; • Policies in the Framework protect areas or assets of particular importance, providing a clear reason for refusing the development proposed; or • Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

9.15 The application site is considered to be greenfield and not previously developed. An appropriate residential development within an inset village, may be considered favourably, subject to the development being sustainable. All of the site edged red (residential curtilage) falls within the inset village boundary. The development of this site within the village of Lymm with an appropriate sympathetic dwelling is not considered to compromise the Councils ability to meet the target of 80% of new housing on brownfield sites; whilst supporting 40% of dwellings being located within a defined settlement.

9.16 It is noted that the location plan submitted with the application confirms that the applicant has an interest in land to the south of / adjacent to the application site (edged in blue). The land edged in blue consists of part protect woodland located with the defined boundary of the inset village and part Green Belt. This does not constitute part of the development site (dwelling and gardens) other than to confirm that the application has control over this land and if necessary the Local Planning Authority can condition works to be undertaken on this land in recompense for mitigation. This does not give the landowner permission to use / tend it as a garden.

9.17 On that basis, the principle of a new house on this site is considered to comply with policies CS1, CS2, CC1 and SN1, which state that small scale, low impact and sustainable new build developments located with defined settlements will be welcomed and approved without delay.

Woodland / Ecological Habitat 9.18 The NPPF states that planning policies and decisions should protect and enhancing valued landscapes or sites of biodiversity in a manner proportionate to their statutory status in the development plan. Policy QE5 is in compliance with the NPPF in that sites of recognised nature value will be protected and enhanced where possible. Development proposals affecting protected habitats should be accompanied by information proportionate to their nature conservation value; permissions can be conditioned to provide appropriate compensatory measures.

9.19 The NPPF states that local planning authorities should ensure that significant harm to biodiversity resulting from development is adequately mitigated or compensated for. Opportunities to incorporate biodiversity improvements in and around developments should be encouraged.

9.20 It is noted that this site does not fall within a designated protected site as defined in the Local Core Strategy; however, as a protected woodland site it is recognised as having a significant local amenity and biodiversity nature value.

9.21 In compliance with the NPPF and policy QE5, a comprehensive tree report, landscape scheme and an ecological survey have been submitted in support of the application. The documents have influenced the current design of the building and have sought to address the protected woodland and biodiversity concerns previously raised by the Inspector on the previous appeal on this site.

9.22 They state that the proposed development in combination with proper woodland management would result in: • The loss of 20 trees in poor condition; comprising of 7 individual trees plus 13 trees in three small woodland groups. Of the 20 trees, 2 large beech trees to the front of the site T6 & T7 have extensive fungal infection and at risk of failure, as such they should be felled with immediate effect. The loss of all 20 trees is expected to promote good woodland management in the interests of long term of the protected woodland

• The loss of 3 trees in good condition. This is not considered to be good practice but given the overall size of the woodland site, it represents a very small number of trees on a protected site • Impact on the root protection zones of 3 trees in good condition. Providing the impact is proportionately small and works are undertaken using best practice arboricultural techniques, this is unlikely to be significant. • No impact on 18 trees – 13 individual trees and 2 woodland groups. Good woodland management promoted by the removal of the poor trees is considered to support the long term health of the protected woodland site. • The planting of 65 new trees / understorey planting both within the proposed residential curtilage and in the adjoining site edged blue. This is in mitigation for the loss of the trees categorised as poor and the 3 trees categorised as good. The species selected represent a balance to be achieved between trees suitable for critical locations in a domestic setting and those suitable for a more rural woodland setting. • No evidence of roosting bats and a number of bat and bird boxes can be placed in and around the remaining woodland.

9.23 The Tree and Landscape Officer is satisfied that the previous concerns over future pressures to the remaining woodland and inadequate space for mitigation planting have been addressed. The majority of trees marked for removal have been categorized as U with three removals falling under category C. The Tree Quality Rating Category (TQRC) assesses trees in accordance with life left, and in particular: • U has between 0 – 5 and 5 – 10 years left (11 trees); • C has 10+ years (16 trees); • B has 20+ years (5 trees); and • A has 40+ years (0 trees).

9.24 The main focus of the site to the road frontage with Higher Lane has been the stand of mature Beech; however, given their maturity these trees have been failing over recent years, two of which are now full of fungal infection and have reach the end of their useful life expectancy. The loss of over maturing Beech is not unique to this site and is a matter which is effecting the tree coverage across Lymm. This proposed development provides the Council with the opportunity to take a proactive approach in supporting woodland management of this site through both a landscaping scheme, a woodland management document and ensuring the scheme is monitored and actively assured for a minimum period of 5 years.

9.25 The application is proposing to fell the trees as part of the first phase of development and utilise appropriate tree protection measures for the remainder of the site during the construction phase. It is noted that little woodland management has been undertaken on this site in a significant period of time and in some regards, works have now become urgent.

9.26 The loss of 23 trees at one time will have a significant impact on how the woodland looks at the moment; however for all but three trees, the applicant has demonstrated that these works would be necessary regardless of this application.

The inspector raises concerns with regards to the loss of trees and negative impact on local character, however, the previous application was more focused on changing it into a site suitable for residential use. Whereas, the current proposal is more carefully considered not just in regard to the loss of the trees but also in the provision of landscaping mitigation, the longer term character of the woodland, it’s ecological value and the bespoke design of and how the dwelling would sit on the site. It also provides an opportunity for the pro-active woodland management of the site to be assured for a minimum of five years.

9.27 Notwithstanding the above, in acknowledging the potential options available within this site and on the basis of the information provided; a standalone TPO application to undertake woodland management works to the woodland is unlikely to be contested by the Local Planning Authority. Standard mitigation for such an approval would be replacement tree planting on a two for one basis; the siting of which would be discussed and agreed in due course. In this instance, it is noted that the felled trees would be replaced on a three for one basis (both tree and understorey planting (the woodland lacks understorey planting)).

9.28 To ensure that impacts and mitigation can be properly considered at this stage, the applicant has submitted a comprehensive landscape scheme. It is noted that an additional 65 trees / understorey planting providing a wide variety of scale, mass and growth periods are proposed in mitigation for the lost trees; four of which would be planted across the front boundary. Part of the inspector’s comments referred to the lack of space to adequately mitigate for the loss of trees; whilst assuring minimal residential amenity for future occupiers. In addition to designing a bespoke dwelling, this application addresses this issue through redefining the application site (site edged red) so that the gardens are much smaller; whilst retaining part of the woodland as woodland (not garden) and expanding the woodland into a small part of the Green Belt to the rear (edged in blue). This small addition would effectively utilise a small site not utilised by the farmer as it is on the edge of the field and represents an awkward piece of land sheltered by a separate small copse of trees / bushes (see aerial photograph at the end of this report).

9.29 The Tree Officer has raised no objection to this, however, neighbours have raised some concerns with regards to particular species i.e. privet (can be invasive). In addition, the Ecology officer has made reference to ensuring that the species of the proposed landscaping are inclusive of improving the natural habitat of the woodland. Although the detail refers to the provision of bat and bird boxes, the focus of landscaping has primarily been on woodland character as opposed to combining it with targeted habitat improvements. The standard of the landscaping scheme is evident; to ensure that comprehensively caters towards habitat creation, this can be conditioned for further details. In addition, replacement planting can be conditioned to be undertaken in the next planting season and agreed landscaping protected from removal, diseased or dying (to be replaced) for a period of five years.

9.30 The applicant has submitted an updated ecological report; the content of which the Ecology officer is satisfied with. Protected species as identified in the Wildlife & Countryside Act 1981, (as amended) have been considered as follows:

9.31 The survey indicates that there is no evidence of bats roosting in the trees to be felled; but suggested a number of precautionary measures to be undertaken before felling to ensure this position has not changed.

9.32 The proposal will result in the loss of trees and scrub which is potential bird nesting habitat. However, works to the trees and scrub can be undertaken outside of the bird nesting season. A number of bat and bird boxes are to be placed in and around the remaining woodland. Also the landscape plan can be conditioned to ensure that it has regard to proactive habitat creation over the longer term. It should include elements to mitigate for loss of trees, shrubs, bat roosting and bird nesting habitat.

9.31 No updated survey on badgers has been provided; there is previous evidence of badgers utilising the site as terrestrial habitat, however, no setts were found. This is acceptable subject to any permission being conditioned to re-confirm this position before commencement of development.

9.32 The likelihood of Great Crested Newts being found on the site is low due to the distance to ponds and lack of any great crested newts records for this area. This is also acceptable and no survey was required.

9.33 The new dwelling would include a wildflower green roof and new planting alongside replacement planting on the Higher Lane boundary. The proposal will also introduce proactive management of vegetation and trees within the site. With the inclusion of the bats surveys, the ecology statement setting out mitigation measures to be implemented and a habitat reinforcement landscape condition; on balance, the proposed development is considered to meets Policy QE5 requirements and therefore the NPPF.

Design and Impact on Character of the Area 9.34 The NPPF states that the creation of high quality buildings and places is fundamental to what the planning and development process should achieve. Good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities.

9.35 Planning policies and decisions should ensure that developments will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development. They should be visually attractive as a result of good architecture, layout and appropriate and effective landscaping; sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change. 9.36 In determining applications, great weight should be given to outstanding or innovative designs which promote high levels of sustainability, so long as they fit in with the overall form and layout of their surroundings.

9.37 Policy QE6 supports development which would not lead to an adverse impact on the environment or amenity of future occupiers or those currently occupying adjoining or nearby properties, or does not have an unacceptable impact on the surrounding area. Where development is permitted which may have an impact on such considerations, the Council will consider the use of conditions or planning

obligations to ensure any appropriate mitigation or compensatory measures are secured.

9.38 Policy QE7 sets out that proposals should be designed to be sustainable, inclusive and energy efficient; reinforce local distinctiveness and enhance the character, appearance and function of the street scene, local area and wider townscape. Also be of an appropriate scale, materials, respect the landscape character and be visually attractive as a result of good architecture.

9.39 Where appropriate, developments should harness the imagination and creative skills of artists and urban designers in the design process to create distinctive urban environments.

9.40 The new dwelling is bespoke to the site and has been designed to create a highly energy efficient property to reduce its carbon foot print. The thermal efficiency of the house construction is the main contributing factor to its energy consumption using fabric first construction techniques which is proven to dramatically improve the performance and efficiency of a building.

9.41 The proposed layout, scale and design have been arrived at following the conclusions of the previous appeal, the ecology report and the tree survey. The Tree and Woodlands Officer is of the opinion that, in this instance, the design and layout of the new dwelling would likely encourage occupiers who would show care and management of the remaining trees and ensure continued and managed tree coverage at this site over the longer-term. Though this cannot be guaranteed at this point, active management of replacement planting (and by association, the woodland) can be assure via condition for a minimum period of five years.

9.42 Materials (wildflower roof, timber cladding, timber doors and windows) and landscaping have been selected to respect the woodland setting and the high quality / mature street scene and village character. The new dwelling, having a relatively wide frontage yet subtle two storey, with bedrooms on the first floor being within a curved roof, and recessed dormer windows, is very different from the dwelling the subject of the appeal. It will also be very different in context to the large bespoke detached dwellings on large plots evident in this part of Lymm.

9.43 However, this in itself does not warrant a refusal on design / character grounds. In particular, it is not intended for this dwelling to be read in the same context as all of the neighbouring dwellings. Its setting is a TPO woodland and the house would be set in sufficiently from the neighbouring properties on either side. This, together with its smaller scale, use of natural materials and considered landscape screening all serve to reduce the visual prominence of this new dwelling and to support the woodland character setting. On balance, the proposed dwelling is considered to represent a positive example of a unique and distinctive dwelling in a mixed woodland setting.

Amenities of future occupiers 9.44 Concerns have been previously raised by officers and the inspector regarding the quality / provision of outdoor amenity space in and around this dwelling; and conflicting with expectations of future occupiers, particularly in regard to natural light

/ leaf fall etc. The applicant has submitted a natural light assessment with illustrates that the rear patio would receive varying levels of natural light all year round; also, the design of the house with effectively a rear wall of glass serves to allow for significant amounts of available light into the dwelling. The inclusion of a large driveway / off street parking area and a large open patio area to the rear sets boundaries and should also ensure that the woodland does not crowd the dwelling / occupants / residential amenity to an unacceptable level. In addition proper woodland care of the existing / replanted tree stock will help trees to grow in their best form to balance this.

9.45 Taking a balanced approach, officers are reasonably satisfied that the applicant has provided sufficient information to demonstrate that this site can accommodate this dwelling as illustrated. On that basis, it is considered that this material concern is not of sufficient weight so as to override the relevant policy requirements and the proposal is considered to comply with policies QE6 and QE7 which supports development which would not lead to an adverse impact on the environment or amenity of future occupiers or those currently occupying adjoining or nearby properties; be sustainable, energy efficient, reinforce local distinctiveness and enhance local character.

Highways Issues 9.46 Policy MP1 states that new development should comply with parking standards. Standards for Parking Supplementary Planning Document states that new residential development should provide appropriate pedestrian and vehicular visibility splays and 2 off street parking spaces should be provided for a three bedroom development. The proposed development provides for in excess of 2 off street parking spaces plus sufficient space for the turning of vehicles. The plans do not yet illustrate appropriate visibility splays but this can be conditioned. The proposed development is considered to comply with policy MP1.

9.47 In addition, the applicant has submitted a simple construction management plan, however, it lacks sufficient detail / operating statement and can be conditioned for further information.

Other 9.48 The Preliminary Risk Assessment (contaminated land) is deemed satisfactory and appropriate for a site of this nature and the development proposed. 9.49 Appropriate noise mitigation to achieve recommended BS8233:2014 internal and external levels will be required for noise arising from road traffic noise. This can be conditioned. Lymm Neighbourhood Plan (2019)

9.50 The Lymm Neighbourhood Plan has not yet reached the pre-submission consultation stage and no draft plan has yet been produced. Therefore no weight can be afforded to it in consideration of this application.

10. CONCLUSIONS AND RECOMMENDATIONS

10.1 This small site for one dwelling, within the settlement of Lymm, can make a small but important contribution to meeting the Borough’s housing requirement. As such, this is considered to be in compliance with the NPPF and policies CS1, CC1, CS2 and SN1 which state that throughout the Borough development proposals that are sustainable will be welcomed and approved without delay; within Lymm new build developments will be allowed. Small-scale, low impact infill development will be supported in the Borough’s defined settlements.

10.2 The design and materials of the proposed dwelling would have specific regard to the woodland character setting. The smaller scale and massing, the design and materials of the dwelling should, over time weather and settle into the site Landscaping proposed will ensure that the dwelling will further blend into the woodland setting; with the woodland maintaining its significant amenity value on local character and the street scene. The dwelling is set in sufficiently from neighbouring properties and would not result in overlooking. As such this is considered to be compliance with the NPPF and policies QE6 and QE7 which state that design should not be used as a reason to object to development; great weight should be given to innovative designs which promote high levels of sustainability. Development should not lead to an adverse impact on neighbouring or future occupiers. Proposals should be of an appropriate scale, use of materials, sustainable, reinforce local distinctiveness and enhance local character and the street scene.

10.3 The application site does not fall within a protected site as defined in the Local Plan; however, it is a protected woodland site. As such, the loss of a large number of trees at the same time and subsequent replanting does not follow best practice; but is not unacceptable and ultimately woodland management is in the interests of the medium to long term viability and vitality of the protected woodland. The information submitted, including replacement planting of 65No trees / understorey and a bespoke dwelling, demonstrates that the build can likely be accommodated within the application site, using suitable root / tree protection build techniques; to assure the long term health and viability of the protected woodland site. As such the proposal is considered to be compliant with the NPPF and policy QE5 which states that valued landscape / biodiversity should be enhanced / protected in a manner proportionate to their statutory status. Significant harm to biodiversity resulting from a development will be adequately mitigated or compensated for.

10.4 The considered landscape scheme puts forward a mixture of trees and understorey bushes to compensate for the loss of trees and to ensure that trees in close proximity to the dwelling are appropriate in scale over the long term. They are unlikely to outgrow their location, which could ultimately lead to unnecessary tree works or their felling over the longer term. Additional bat and bird boxes will be provided throughout the site. As such this is considered to be compliance with the NPPF and policies QE5, QE6 and QE7 which states that valued landscape / biodiversity should be enhanced / protected in a manner proportionate to their statutory status. Significant harm to biodiversity resulting from a development will be adequately mitigated or compensated for. The proposed development should not lead to an adverse impact on neighbouring or future occupiers. It would reinforce

21 local distinctiveness, enhance local character and the street scene. It will also respect the landscape character and be visually attractive.

10.5 Highways has raised no objection to access / off street parking associated with the proposed development. As such, the development is considered to comply with policy MP1 which states that new development would adhere to locally determined car and cycle parking standards.

10.6 On balance, the proposed development is considered to comply with the NPPF and the relevant policies within Warrington Local Plan Core Strategy (2014).

11. SCHEDULE OF CONDITIONS

1. The development hereby approved shall be commenced before the expiration of three years from the date of this permission.

Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 91 (as amended) of the Town & Country Planning Act 1990. 2. The development shall be carried out in accordance with the following documents:

(a) The planning application forms, design and access statement and additional information received by Warrington Borough Council on 14th November 2019. (b) Submitted drawing No's: Proposed Site Plan, Dwg No.1110 200 Rev C, Proposed Plan, Dwg No.1110 202 Rev A, Proposed Elevations, Dwg No.1110 203 Rev -, Proposed Street Scene, Dwg No.1110 204 Rev -, Site Set Up Plan, Dwg No.1110 205 Rev A and Highways, Dwg No. 1110 206 Rev A received on 22nd January 2020.

Reason: for the avoidance of doubt and to enable Warrington Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with Policy QE7 of the Warrington Core Strategy. 3. Prior to the commencement of the development hereby permitted, all trees to be retained on site shall be protected in accordance with BS 5837:2012 Trees in relation to design, demolition and construction. The measures required by the British Standard shall be implemented and all measures retained until the development has been completed.

Reason: To ensure that the trees on the site are protected during construction works in the interests of local amenity, and in order to comply Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction. 4. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to the Local Planning for approval. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials

iii. storage of plant and materials used in constructing the development iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v. wheel washing facilities vi. measures to control the emission of dust and dirt during construction vii. a scheme for recycling/disposing of waste resulting from demolition and construction works

Reason: In order to comply with Policy QE6 of the Warrington Core Strategy. A pre-commencement condition is needed so that all construction matters are properly controlled prior to commencement of all development including construction.

5. Prior to the commencement of the development herby approved, a scheme for the protection of all tree/ shrubs/ and vegetation to be retained both within and adjoining the site shall be submitted to and approved in writing by the Local Planning Authority. This scheme shall also include a detailed construction methodology for development within root protection areas and the installation of foundations, hard surfaces, utility services and drainage systems in relation to root protection areas, in accordance with Bs 5837:2012. Proposed materials, excavation depths and finished levels shall also be detailed in the scheme. The development shall be completed in accordance with the approved scheme and protective measures being in place for the duration of construction works.

Reason: To ensure that the trees on the site are protected during the construction works in the interests of local amenity, and in order to comply Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction. 6. Prior to the commencement of development hereby permitted, a landscape and boundary treatment scheme shall be submitted to and approved in writing by the LPA. The scheme shall indicate the size, species and spacing of planting and the areas to be grassed. The content shall also have regard to promoting biodiversity, for example, to mitigate for loss of trees, shrubs, bat foraging / roosting and bird nesting habitat. Any such planting which within a period of 5 years of implementation of the landscaping die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size or species, unless the LPA gives written consent to any variation. The approved scheme shall be fully implemented prior to the first occupation of the dwelling hereby approved.

Reason: To ensure a satisfactory form of development and to enhance the visual amenities of the locality and to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction. 7. Prior to commencement of any earthworks a re-survey of the site and within 20m of the southern boundaries for badger setts shall be undertaken and the findings, and if necessary, any appropriate action / mitigation, shall be submitted to and agreed in writing by the LPA. Development shall be completed in accordance with the agreed details.

Reason: In order to comply with Circular 06/05 and in order to comply with the

NPPF and Policy QE5 of the Warrington Core Strategy.

8. Before construction of the dwelling above ground level, written and photographic details (including manufacturer’s details) of external facing materials shall be submitted to the local planning authority for approval. Materials samples shall be made available to view on site and shall NOT be deposited with the Local Planning Authority. The development shall be constructed in accordance with the approved details/samples.

Reason: In order to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction 9. A ‘Watching Brief’ shall be implemented to legislate for unexpected or previously- unidentified contamination encountered during site works. Occupancy or use of the development shall not be permitted until such time as written confirmation of the presence or absence of contamination during site works.

If contamination is not present, a ‘Confirmation Report’ providing suitable photographic (or other) evidence, shall be submitted to and agreed in writing with the Local Planning Authority.

If contamination is present work shall cease immediately until such time as provisions A to D below are completed to the written satisfaction of the Local Planning Authority. All requirements to be completed in accordance with the following guidance references: CLR11 (Environment Agency/DEFRA, 2004); BS10175 (British Standards Institution, 2011); C665 (CIRIA, 2007):

A: CHARACTERISATION: With specific consideration to human health, controlled waters and wider environmental factors, the following documents must be provided (as necessary) to characterise the site in terms of potential risk to sensitive receptors: •Preliminary Risk Assessment (PRA or Desk Study) •Generic Quantitative Risk Assessment (GQRA) informed by a Intrusive Site Investigation •Detailed Quantitative Risk Assessment (DQRA) •Remedial Options Appraisal Completing a PRA is the minimum requirement. DQRA should only to be submitted if GQRA findings require it.

B: SUBMISSION OF A REMEDIATION & VERIFICATION STRATEGY: As determined by the findings of Section A above, a remediation strategy (if required) and verification (validation) strategy shall submitted in writing to and agreed with the LPA. This strategy shall ensure the site is suitable for the intended use and mitigate risks to identified receptors. This strategy should be derived from a Remedial Options Appraisal and must detail the proposed remediation measures/objectives and how proposed remedial measures will be verified.

C: REMEDIATION & VERIFICATION: Remediation (if required) and verification shall be carried out in accordance with an approved strategy. Following

completion of all remediation and verification measures, a Verification Report must be submitted to the LPA for approval.

D: REPORTING OF UNEXPECTED CONTAMINATION: All unexpected or previously-unidentified contamination encountered during development works must be reported immediately to the LPA and works halted within the affected area(s). Prior to site works recommencing in the affected area(s), the contamination must be characterised by intrusive investigation, risk assessed (with remediation/verification measures proposed as necessary) and a revised remediation and verification strategy submitted in writing and agreed by the LPA.

E: LONG-TERM MONITORING & MAINTENANCE: If required in the agreed remediation or verification strategy, all monitoring and/or maintenance of remedial measures shall be carried out in accordance with the approved details.

The site shall not be taken into use until the investigations, remediation and verification are completed. The actions required in Sections A to E shall adhere to the following guidance: CLR11 (Environment Agency/DEFRA, 2004); BS10175 (British Standards Institution, 2011); C665 (CIRIA, 2007).

10. Before first use of the dwelling hereby permitted, pedestrian and vehicular visibility splays at the junction of the means of access and the highway shall be completed in accordance with details which shall have first been submitted to and agreed in writing with the Local Planning Authority. Nothing shall subsequently be erected or allowed to grow to a height in excess of 600mm within the splays. 11. Before first use of the development hereby permitted, a Electric Vehicle Charging point shall be fitted in accordance with details which shall have first been cubmitted to and agreed in writing by the Local Planning Authority; and maintained as such thereafter.

Reason: In accordance with Policy QE7 of the Warrington Local Plan Core Strategy (2014) which states that new development should be sustainable and energy efficient. 12. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re- enacting that Order with or without modification); under the provisions of Schedule 2, Parts 1 and Parts 2 no extensions, alterations or additions shall be undertaken within the curtilage of the dwelling hereby permitted other than those expressly authorised by this permission; unless planning permission for such development has been granted by the Local Planning Authority.

Reason: In the interests of visual amenity and in order to protect the amenities of the occupiers of neighbouring properties and to comply with Policy QE6 of the Warrington Core Strategy. 13. The proposed development hereby permitted shall be completed in full accordance / compliance with the arboricultural report completed by Murray Tree Consultancy reference PM/FULL/17/10/19 dated October 2019, and in particular, section 8.8 Summary of Methodology for the Protection of Trees.

Reason: To ensure that the trees on the site are protected during construction works in the interests of local amenity, and in order to comply Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction. 14. The development hereby permitted shall be completed in full accordance with the Updated Bat Tree Survey and recommendations provided by Richard Roe, Kingdom Ecology dated 26th September 2019; and in particular: (i) A furher tree climbing inspection to be undertaken by an appropriately qualified ecologist immediately prior to felling; (ii) Felled trees should remain on site for 48hrs prior to being sectioned, chipped or moved; (iii) T5, T6 and T8 should be partly retained on site to provide dead wood habitats; (iv) 5 Schwegler 1FD bat boxes and 5 Schwegler 1B bird boxes shall be installed on retained mature trees on site; in accordance with the advice provided.

Reason: In the interests of nature conservation and to accord with the NPPF. 15. No works to trees or shrubs shall occur between the 1st March and 31st August in any year unless a detailed bird nest survey by a suitably experienced ecologist has been carried out immediately prior to clearance and written confirmation provided that no active bird nests are present; which has been submitted to and agreed in writing by the Local Planning Authority.

Reason: To ensure that birds are protected and their habitat enhanced, in accordance with Circular 06/05, the Wildlife and Countryside Act 1981 (as amended) and the Conservation (Natural Habitats, & c.) Regulations 2010 and in order to comply with the NPPF and Policy QE5 of the Warrington Core Strategy 16. This permission does not grant or imply consent for the felling of any trees on the site with the exception of the trees as identified the Arboricultural Tree Report reference PM/FULL/17/10/19 dated October 2019.

Reason: For the avoidance of doubt as there are a number of trees within the site covered by Tree Preservation Orders, and in order to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction. 17. Prior to the occupation of the development hereby approved, the car parking / manouvering space as identified on the approved plan shall be implemented and thereafter retained.

Reason: To ensure that off-street parking is maintained for the safe, efficient and convenient movement of all highway users and to comply with Policy QE6 of the

Warrington Core Strategy and Warrington SPD: Standards for Parking in new Development.

12. PLAN EXTRACTS

Site Layout Plan

Floor Plans

External Elevations

Street Scene Context

Street Scene Illustration to the front (without landscaping)

Street scene illustration to the front (with landscaping)

Application site

Adjacent property / store and access

Application site in context

Street Scene

Source: Google Maps; The Aerial Photograph illustrates the extent of existing woodland and the proposed extension would infill a small gap and adjoin a separate small landscaped copse. It would not utilise existing farmed land (too small).

ARTICLE 35 STATEMENT Officers have worked with the applicant in a positive and proactive manner in order to seek solutions to the issues relevant to the proposed development, consistent with the requirement in the National Planning Policy Framework (NPPF), paragraph 38.

DEVELOPMENT MANAGEMENT COMMITTEE DATE 12th February 2020 ITEM 2 Application Number: 2019/35772

Description of Development: Full Planning - Proposed Installation of new 2400mm mesh and railing boundary fencing and 3000mm mesh fencing around tennis courts, to include vehicle and pedestrian gates. Location Address: Sir Thomas Boteler Church Of England High School, Grammar School Road, Latchford, Warrington, WA4 1JL Applicant: Mrs Beverley Scott-Herron Ward: Latchford East Site Allocation: None Number of representations None received: Reason for Referral: Application relates to Council owned land. Statutory expiry date: 14 February 2020

Recommendation: Approve subject to conditions. Case Officer: Philip Forster [email protected]

SUMMARY OF KEY REASONS FOR RECOMMENDATION - The principle of the development is considered acceptable. - The proposal will not have an unacceptable impact upon the local highway. - Through the submission of amended plans, the design of the proposal is in keeping with the character of the area and will not have an adverse impact upon the setting of the nearby locally listed heritage assets. - The proposal will not have an adverse impact upon the neighbouring occupiers of the site.

OFFICER’S REPORT TO PLANNING COMMITTEE 1. APPLICATION SITE AND SURROUNDINGS

1.1 The application site covers the entire northern boundary of Sir Thomas Boteler Church of England School. The school grounds are extensive, with the main building located towards the east of the site. The northern boundary fronts on to Grammar School Road, where the main school entrance is located. The boundary then turns and runs for some 350m along Knutsford Road, which includes the entrance to a leisure centre facility. From Knutsford Road the boundary then turns south along Wash Lane where it terminates with the boundary of Christ Church. Due to its length, the application site fronts on to a variety of properties with a mixture of commercial and residential uses.

2. DESCRIPTION OF PROPOSAL

2.1 Planning permission is sought to partially replace and erect an entirely new boundary fence around the site and to erect a new fence around the existing tennis courts. There are two styles of fencing proposed along the boundary, all at a height of 2.4m, with a section of 3m high fencing proposed around the existing tennis courts which are located at the leisure centre. The fencing is required to secure the school grounds, which are susceptible to trespass and has led to safeguarding issues for the school management.

2.2 The majority of the proposed fencing consists of a fine wire mesh system which is supported on posts at 3m intervals. This would be located along the south eastern boundary with the coach House and Brook House, both located on Grammar School Road. From the junction with Grammar School Road and Knutsford Road to the entrance of the Community Sports Centre, the existing low level fencing will be replaced. The fencing then continues from the Community Sports Centre car park and tennis courts through the existing bank of trees to the pedestrian entrance at the junction of Knutsford Road and Wash Lane. From here, it then returns in a southerly direction behind a further bank of trees to the nearby boundary with Christ Church. A short stretch of fencing either side of the main entrance ornate gates has been set back into the site and consists of a more traditional railing appearance. All fencing is proposed to be finished in black.

3. AMENDED PLANS

3.1 Amended plans have been received since the application was originally submitted. These were requested following negotiations with the applicant because of concerns raised by Officers in relation to the prominence of the site and the potential impact that the nature of the fencing would have upon the character of the street scene and the wider school setting. The changes can be summarised as:

• The design and alignment of the fencing adjacent to the existing ornate main entrance gates has been amended.

• The alignment of the fencing has been amended so that it runs behind the bank trees rather than adjacent to the boundary with Wash Lane.

3.2 Consideration has been given to the necessity to re-consult on the amended plans received. In this instance, it was considered that the nature of the proposed amendments do not constitute substantial differences or fundamental change to the originally submitted proposal and they have, therefore, not been subject to public re-consultation. The LPA has acted fairly and reasonably taking in to account the duty to fully consider representations from interested parties and considers that nobody has been deprived of the opportunity to make any representations that they may have wanted to make on the application as amended due to the nature of the changes. Notwithstanding this, all representations received are outlined below and are appraised against planning policy (where they are material in determining the application) within the assessment. 4. LOCAL REPRESENTATIONS

Ward Councillors Ward Councillors were notified. No responses were received. Parish Council Unparished Area. General Public The application was publicised by 63 neighbour notification letters. As a result no objections have been received from residents. 5. CONSULTEES

WBC Transport Planning and Development Control No objection subject to a condition to ensure that all access gates be installed in a manner where they only open inwards into the site.

WBC Families and Wellbeing Directorate – Public Protection No objection subject to informative in relation to previous land use contamination and working hours.

WBC Estates & Valuation No response received.

WBC Public Realm - Flood Risk team No response received.

6. RELEVANT SITE HISTORY

Planning Description of Decision Date of Reference Development Decision 2018/32516 Full Planning - Approved with 19/07/2018 Proposed conditions installation of a 2.4m high manually operated pedestrian and vehicle access gate to the access road 2012/20112 Proposed single Approved with 17/07/2012 storey infill conditions extension 2011/18469 Proposed Approved with 04/08/2011 replacement of conditions two temporary classroom buildings with one temporary single storey building, 1.8m high paladin fence and tarmac finish to outdoor play area 2010/16871 Proposed Approved with 22/09/2010 installation of conditions new lift core within existing school courtyard 2008/14030 Proposed single Approved with 27/01/2009 storey extension conditions to music room 2008/13299 Proposed siting Approved with 16/09/2008 of mobile conditions classroom 2007/11885 Proposed Approved 17/01/2008 conversion of old boiler house into a teaching facility incorporating minor elevational changes and glass roof structure

2007/10915 Proposed Approved with 24/07/2007 disabled ramp to conditions front entrance 2003/00938 Extension to Approved with 21/08/2003 design and conditions technology block 2003/00088 Proposed Sports Approved with 02/07/2003 Hall for use by conditions the school and community A01/43329 Siting of Approved with 31/07/2001 classroom conditions A01/42555 Proposed Approved with 05/03/2001 extension to conditions. school to accommodate music, art and general teaching space

7. PLANNING POLICY

7.2 National Planning Policy Framework 2019 (NPPF) The National Planning Policy Framework (2019) (NPPF) confirms that decisions should apply a presumption in favour of sustainable development. Paragraph 7 of the document states that the objective of sustainable development can be summarised as meeting the needs of the present without compromising the ability of future generations to meet their own needs. This is balanced by Paragraph 9 which states that plans and decisions need to take local circumstances into account, so that they reflect the character, needs and opportunities of each area.

Relevant Policies in the Local Plan Core Strategy (2014) CS1 - Overall Spatial Strategy - Delivering Sustainable Development CS4 – Overall Spatial Strategy - Transport QE5 – Biodiversity and Geodiversity QE6 – Environment and Amenity QE7 – Ensuring a High Quality Place QE8 – Historic Environment MP1 – General Transport Principles

8. EQUALITIES ACT (2010)

9. ASSESSMENT

9.1 The key issues of this particular application relate to: • The principle of the development. • Highways matters. • Design/Impact on Character & Appearance. • Residential Amenity. • Heritage Matters. • Trees.

Principle 9.2 The application relates to the erection of entirely new stretches of fencing and the replacement of existing fencing on the site boundary, and within the confines of an established school. The principle of the proposal is considered to be acceptable, subject to an assessment of its design and location in respect of the highway safety, the character of the street scene, surrounding heritage assets and existing mature tree and vegetation. Highways 9.3 Where the new fencing is proposed, this would be predominantly located within the school grounds set back from the highway edge. There are very limited sections of the new fencing which would about the back of any footway, such as at the pedestrian access adjacent to the junction of Knutsford Road and Wash Lane and where the fence would run from the junction with Knutsford Road and Grammar School Road. 9.4 The proposed alignment of the fencing does not encroach on to the highway or obstruct visibility and enables the existing pedestrian and vehicular access arrangements to be maintained. The gates at the existing pedestrian and vehicular access points are shown to open inwards on the submitted plans.

The Highways Officer recommends a condition be imposed to ensure that this remains the case.

9.5 It is considered that there would be no detrimental impact as a result of the proposal upon the highway network and it is therefore considered acceptable in accordance with Core Strategy policies CS4 and MP1 of the Local Plan.

Design and residential amenity 9.6 The proposed fencing in its entirety is one of a lightweight mesh design, with a heavier, more traditional design adjacent to the main entrance gates. When viewed in close proximity the form of mesh fencing is clearly visible. However, when it is viewed from an ever increasing distance, the lightweight nature of the material reduces its impact and its form becomes more see- through. The mesh panels are attached to thin fence posts at 3m intervals. 9.7 Those areas of the fencing which are deeper within the school grounds are unlikely to be widely visible from the public vantage points. Much of this is located behind the existing trees. The same applies to the proposed 3m high fencing around the tennis court. These will not have an adverse impact upon the street scene or the amenity of the nearby occupiers. Those areas of proposed fencing which adjoin the highway, as mentioned in paragraph 9.3, as well as the fencing to be located adjacent to the ornate gates and the south eastern boundary with The Coach House and Brook House will be more apparent. 9.8 The amended plans have reduced the amount of fencing that would be seen adjacent to the highway. However, there is a significant stretch of approximately 100m which would be located at the junction of Knutsford and Grammars School Roads. 9.9 Whilst the proposed fencing will introduce a new style of enclosure to the area, it is considered that its lightweight appearance will not appear overly incongruous when viewed within the street scene in this particular location. Motorists and pedestrians will predominantly approach this boundary on the same orientation rather than directly facing it. Due to the scale of the school grounds and the presence of the belt of vegetation across its frontage, the replacement will appear as a standalone street boundary and will be read in the same context as the other varied styles of enclosures and built form in the immediate vicinity. 9.10 Where the proposed fencing is to be located adjacent to the original ornate gates on Grammar School Road, this has been amended so that it has been set back into the site so as not to compete with them. A more traditional fence design is shown in this location. This, with the retention of the boundary hedge, will minimise the presence of the fence in this location and will not diminish the positive contribution the gates and the school building make to the wider street scene.

9.11 The proposed stretch of fencing along the south eastern boundary will be visible to the neighbouring occupiers (a children’s day nursery) because of its height. However, its lightweight appearance will not result in an oppressive structure, nor will there be a detrimental loss of daylight. 9.12 It is considered that there would be no detrimental impact as a result of the proposal upon the visual amenity of the street scene or the amenity enjoyed by the neighbouring occupiers and is therefore considered acceptable in accordance with Core Strategy policies CS1, QE6 and QE7 of the Local Plan.

Heritage 9.13 There are a number of buildings locally listed in Appendix 3 of the Local Plan which will be seen in the same context as the proposed fencing. The closest area of new fencing to the locally listed buildings is around the existing gates and entrance which will be seen against the backdrop of the main school building, the neighbouring Brook House and a group of buildings on the corner of Knutsford Road and Grammar School Road. The amendment of the fencing to a more traditional design, its set back behind the gates and the retention of the hedgerow will not detract from the visual importance of these assets. 9.14 Where the fencing is more prominent, it will be seen as a typical street scene feature and located some distance on the opposite side of the road to the Grade II listed Cheshire Cheese public house. The enclosure is unlikely to be seen in the same context and will therefore have a limited impact upon its setting. 9.15 Further to the west, as the enclosure would be located behind the bank of trees at the school front boundary, there will be little opportunity to view it in the same context as the Grade II listed 562 - 568 Knutsford Road or the locally listed Richard Fairclough House or Christ Church. Again, their setting will not be harmed 9.16 It is considered that there would be no detrimental impact upon the significance of any heritage asset and therefore as a result of the proposal no harm is caused. The proposal is considered acceptable in accordance with Core Strategy policies CS1, QE7 and QE8 of the Local Plan. Trees 9.17 There are no trees within the school grounds or on adjacent land within influencing distance of the proposed fencing which are the subject to a Tree Preservation Order. The proposal will result in the need to trim back foliage and remove limited number of branches to facilitate the alignment of the enclosure. This will be limited to the dense areas of tree coverage along the Knutsford Road frontage and will not impact to a detrimental extent any individual trees of significant amenity value. The fence posts are at 3m intervals and are likely to have limited impact upon root protection areas of the

trees. Any interference with future tree growth is expected to be extremely limited and localised and not to the detriment of the wider townscape character. This will accord with Core Strategy policies CS1 and QE7 of the Local Plan.

10. CONCLUSIONS AND RECOMMENDATIONS

10.1 The application site forms part of established school grounds and has a strong boundary edge with the adjoining highway. The proposed fencing has been designed in a manner which will maximise the presence of existing landscaping and also reflect existing features of the school grounds whilst providing the security to the site that is required by the school.

10.2 The proposal will not have an adverse impact upon the amenity of nearby residents, any heritage assets and will not cause a hazard to the local highway network. The application is recommended for approval subject to conditions.

11. SCHEDULE OF CONDITIONS

1. The development hereby approved shall be commenced before the expiration of three years from the date of this permission.

Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 91 (as amended) of the Town & Country Planning Act 1990.

2. The development shall be carried out in accordance with the following documents:

(a) The planning application form and Design and Access Statement; (b) Submitted drawing numbers 398_01 Rev P1, 398_03 Rev P2 and 398_04 Rev T2.

3. All fencing shall be finished or painted in black as stated on the application form and approved drawings and shall not be varied without the prior written approval of the Local Planning Authority.

Reason: To ensure that the development will be of a satisfactory appearance and to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction.

4. All gates shall open inwards into the site. For the avoidance of doubt, no gates shall open outwards over any part of the adopted highway.

Reason: to ensure a safe access to the site without cause an obstruction to pedestrians on the adjoining footway in accordance with Policy QE7 of the Warrington Core Strategy.

PLAN EXTRACTS

Proposed site layout (Wash Lane)

Proposed site layout (Knutsford Road western section)

Proposed site layout (Knutsford Road eastern section and main entrance/Grammar School Road)

Proposed fence design (main entrance only)

Fence design for remainder of site

DEVELOPMENT MANAGEMENT COMMITTEE DATE 12th February 2020 ITEM 3

Application Number: 2019/35800

Description of Development: Full Planning - Proposed change of use from Shop/Retail to Bar for sale of Alcoholic Beverages and ancillary use of a Coffee Bar Location Address: 48 Lodge Drive, Culcheth And Glazebury, Warrington, WA3 4ER Applicant: Barry and Jane Tuffs Ward: Culcheth, Glazebury and Croft Site Allocation: Culcheth Village Neighbourhood Centre Green Belt Inset Village Number of representations Twelve received: Reason for Referral: Parish Council Objection

Statutory expiry date: 17th February 2020

Recommendation: Approve (subject to conditions) Case Officer: Viv Pearson [email protected]

SUMMARY OF KEY REASONS FOR RECOMMENDATION • The principle of Use Class A4 (Drinking Establishment) with an ancillary A3 (Café/Restaurant) in this location is considered acceptable and would not have an unacceptable effect upon the vitality and viability of the Culcheth Village Neighbourhood Centre. • The living conditions of adjoining occupiers would be protected from undue harm subject to restrictions on the hours of use and deliveries and servicing via planning condition. • The development is in an appropriate location with respect to pedestrian and public transport including the availability of public car parking and would not have an unacceptable impact upon the local highway network;

OFFICER’S REPORT TO PLANNING COMMITTEE 1. APPLICATION SITE AND SURROUNDINGS 1.1 The application site is a single storey retail unit located in Culcheth Village Neighbourhood Centre and is situated toward the western end of a parade of shops. The unit occupies a prominent corner position with the main façade and entrance fronting directly towards the rest of the shopping parade and a number of customer parking bays.

1.2 Lodge Drive is part of the Culcheth Village Neighbourhood Centre which provides a range of shops and services to meet the everyday needs of the local community. The surrounding commerical units and area comprise two grocery supermarkets, and a range of independent shops, cafes, restaurants, food takeaways, a Public House, a Post Office and a Pharmacy.

1.3 The Neighbourhood Centre is set within a wider residential area, the closest residential properties to the application site are the units above the adjacent commercial units. Further afield is Gilbert Court, a three storey development of residential apartments situated on the opposite corner of the junction of Lodge Drive and Ellesmere Road. Gilbert Court is situated circa 26m away from the application site with the principal elevation and entrance of the proposal orientated to the other side of the shopping parade and therefore not visible from Gilbert Court.

2. DESCRIPTION OF PROPOSAL 2.1 The proposal consists of a change of use from a Use Class A1 (retail) to a Use Class A4 (Drinking Establishment). The applicant’s intention is to operate as a café/restaurant during the day with evenings and weekends focusing on operating as a bar with a small range of cold food available for purchase. Opening hours would be Monday to Saturday 10:00 to 23:30 and Sundays and Bank Holidays 10am to 22:00.

2.2 No external alterations or extensions to the unit are proposed, with the exception of repainting the shop front and new signage which would be subject to a separate application for advertisement consent, should the signage not benefit from deemed consent. It is proposed to utilise existing bin stores located to the rear of the building.

3. AMENDED PLANS

3.1 Amended plans were not required.

4. LOCAL REPRESENTATIONS

Ward Councillors - One representations has been received from a ward councillor, who objects to the proposal on the following grounds;

• Residential Amenity through extended opening hours and increased noise and disturbance • Potential for Anti-Social Behaviour Parish Council - Culcheth and Glazebury Parish Council object to the proposal on the following grounds; • Residential Amenity through increased noise and disturbance • Inadequate Parking provision • Anti-Social Behaviour

General Public The application was publicised by seven neighbour notification letters and a site notice. Further consultation was carried out of nearby residential properties at Gilbert Court. Seven objections have been received from residents raising the following reasons for objecting to the proposal; Residential Amenity • Increased noise, particularly at night and at closing time to the detriment of residential properties and in relation to Gilbert Court apartments. • The proposed closing time of 11:30pm is too late. • Use of the bins will increase noise late at night. • Increased noise if seating were to be placed outside the application site and/or smokers congregating outside.

To date, two responses have been received from residents of Gilbert Court following the period of further consultation which expresses similar concerns to the above in regards to noise and disturbance.

Highway Safety • Issues with parking in the area and concerns regarding congestion at busy times in the customer parking area.

Other • Over proliferation - there are already two cafes with a similar offer and other establishments, including restaurants, pubs and two bars serving alcohol in the surrounding area. Another café/wine bar is not needed. • Residents of Gilbert Court felt they should have been consulted individually.

5. CONSULTEES

WBC Transport Planning and Development Control - no objection subject to conditions to ensure a scheme for secure, covered cycle parking is submitted to and agreed in writing with the local planning authority.

Environment & Public Protection

WBC’s Environment & Public Protection team reviewed the application and responded that they had no objections, subject to conditions and informative being attached to any consent.

6. RELEVANT SITE HISTORY

Planning Description of Decision Date of Decision Reference Development 77/4843 Proposed re-roofing of Approved. 31/08/1977 shopping centre.

88/21893 Change of Use from Approved subject 13/07/1988 retail to estate agent’s to a Section 106 office. Agreement.

7. PLANNING POLICY 7.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires the Committee to make its determination in accordance with the Development Plan unless material planning considerations support a different decision being taken. Whilst third party representations are regarded as material planning considerations (assuming that they raise town planning matters) the primary consideration, irrespective of the source or number of third party representations received, remains the extent to which planning proposals comply with the Development Plan. The National Planning Policy Framework (NPPF) supports this legislative position and its contents are a material consideration in determining the application.

7.3 Where there are other specific, relevant, material issues raised in the NPPF these will be discussed within the Assessment below.

7.4 As stated above, the NPPF re-iterates that planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan, in the case of Warrington, refers to the Local Plan Core Strategy (2014).

Relevant Policies in the Local Plan Core Strategy (2014)

• - Policy CS 1 – Delivering Sustainable Development

• - Policy CS 2 – Quantity and Distribution of Development • - Policy QE 6 – Environment and amenity protection • - Policy QE 7 – Ensuring a high quality place • - Policy CC 1 – Inset & Green Belt settlements • - Policy SN 4 – Hierarchy of Centres • - Policy SN 5 – New Retail & Leisure Development within Defined Centres • - Policy SN 6 – Sustaining the Local Economy and Services • - Policy SN 7 – Enhancing Health and Well Being • - Policy PV 7 – Promoting the Visitor Economy • - Policy MP 1 – General Transport Principles

Supplementary Planning Documents: • Supplementary Planning Document Standards for Parking in New Development (March 2015) • Construction and Design • Environmental Protection SPD (May 2013)

8. EQUALITIES ACT (2010)

9. ASSESSMENT

9.1 The key issues of this particular application relate to: • Principle of the development • Impact on residential amenity • Impact on Character & Appearance of the surrounding area • Highways matters • Other matters

Principle of the development

9.2 Culcheth Village is identified under Policy SN4 of the Core Strategy as a Neighbourhood Centre. The Village Centre comprises a mixture of retail and leisure uses including Use Classes A1 (Retail), A2 (Professional Services), A3 (Café/Restaurant) and A4 (Drinking Establishment).

9.3 Policy SN6 of the Core Strategy seeks to ensure that local economy and services are sustained by ensuring development proposals to not lead to the “loss of viable or change of use of viable convenience shops, cultural facilities, post offices and public houses where the loss would impact on the diversity of local services in communities”. Despite the loss of this A1 (Retail) unit, there would still be a significant number of A1 units within the wider neighbourhood centre ensuring it would not result in a unacceptable loss of retail units. It is

considered that the proposal would result in a new community facility in the form of a Drinking Establishment/Café which would contribute positively to the diversity of the uses found in the centre.

9.4 It is considered that the proposal will not have an unacceptable impact upon the vitality or viability of the Culcheth Village Neighbourhood Centre and would comply with the aims and objectives of Policy SN6 of the Core Strategy and the relevant provisions of the NPPF.

Impact on residential amenity

9.5 The Culcheth Village Centre is set within a wider suburban area and the nearest residential properties to the application site are flats above the adjacent commercial properties with further residential properties to the north of the site on Ellesmere Road and Lodge Drive. Given the nature of the proposed use there is the potential for noise and disturbance associated with patrons of the bar or movements for deliveries and servicing to impact upon residential amenity.

9.6 In terms of scale, the development is relatively small, as it comprises only 23 covers and there is limited standing room for patrons. Given this relatively small size, it is not envisioned that the proposal would result in any adverse impact on amenity. 9.7 The impact of the noise generated by the proposed use has been assessed by the Council’s Environmental Protection Team and it considered that hours of use (Monday to Saturday 10:00 to 23:30 and Sundays and Bank Holidays 10am to 22:00) are acceptable in an area that does have other businesses with similar operating hours. For example, the following businesses are located in the Village Centre but not concentrated enough to result in adverse cumulative impacts. Jhalak Indian restaurant, 36 Common Lane, open 5 to 11pm weekdays, 5pm to 12am Friday and Saturdays and 4 to 10:30pm on Sunday. Cherry Tree (Sizzling Pubs) 35 Common Lane, open 11am to 11pm Monday to Thursday and Sunday, 11am to 1am Friday and Saturday.

In addition to restricting the opening hours via planning condition, further measures to mitigate against impact upon the amenity of local residents would be achieved via conditions restricting refuse collection and deliveries to not occur at anti-social hours. Finally, whilst it is not currently proposed to play live music, a condition requires the implementation of a noise management plan (that needs the prior approval of the Council), before any live music can be played in the unit. 9.8 It is therefore considered that the development will not result in any undue adverse impact to the residential amenity of future or current occupiers of adjoining or nearby properties and therefore the proposal accords with Policy

CS 1 and QE6 of the Local Plan Core Strategy and the relevant provisions of the NPPF.

Visual Amenity and Design/ Impact on Character & Appearance

9.9 With the exception of painting the existing shopfront no external alterations to the unit are proposed. Any alterations to the advertisements for the unit will be subject to an application for advertisement consent should they not benefit from deemed consent. On this basis it is considered that the proposal would not have an unacceptable impact upon the street scene and wider townscape and therefore complies with Policy QE7 of the Local Plan Core Strategy.

9.10 It is acknowledged that the proposed change in use may lead to an increase in refuse and recycling associated with the bar, however the present storage and refuse areas for the unit, which are accessed by a small service road off Ellesmere Road, are sufficient for the proposed use. Hours for recycling collections can be controlled by planning condition.

Highways matters

9.11 The proposal benefits from off street customer parking associated with the Neighbourhood Centre and the parking requirements for an A4 unit are not significantly more than for the existing A1 unit. It is noted that given the hours of operation proposed for the unit being later in the day and into the evening when compared to the daytime hours of operation for the majority of surrounding units, the Highways Team are satisfied that sufficient parking is provided within the local area to accommodate the minor increase in the demand for parking which may result from the proposed change of use. 9.12 In view of the above, there is no highway objection to the proposal. In addition, the site is in a sustainable location, accessible by public transport, walking and cycling. In these respects, the scheme accords with Policy CS 1 and the Council’s Parking Standards. Other matters

9.13 The residents of Gilbert Court have been consulted.

10. CONCLUSION AND RECOMMENDATIONS

10.1 The site is in Culcheth Neighbourhood Centre and the proposal is an appropriate use which is consistent with the nature and function of the Centre. It is also in a sustainable location, accessible by public transport, walking and cycling with the availability of sufficient public car parking immediately to the front of the site and close by. The proposal would not have a detrimental impact upon the amenities of any adjoining occupiers. It is therefore considered the proposal accords with the relevant provisions of the Core Strategy and the application is therefore recommended for approval.

11. SCHEDULE OF CONDITIONS

1. Approved plans and documents

The development shall be carried out in accordance with the following documents:

(a) The planning application forms, design and access statement and additional information received by Warrington Borough Council on 23rd of September 2019. (b) Submitted drawing No's - Block Plan/Location Plan Dwg No. 1930-PL-03 - General arrangements Dwg No. 1930-SK02 - Design & Access Statement - Business Overview

2. The development hereby approved shall be commenced before the expiration of three years from the date of this permission.

Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 91) as amended) of the Town & Country Planning Act 1990.

3. A scheme for secure, covered cycle parking shall be submitted to and agreed in writing with the local planning authority. The scheme as approved shall be provided prior to first operation as A4 and retained for use as such thereafter.

Reason: So that the development provides for the needs of cyclists and provides a choice of modes of transport in accordance with Policies QE6 and MP3 of the Warrington Local Plan Core Strategy.

4. The use hereby permitted shall only open for trade between the hours of 10:00 in the morning and 23:30 in the evening from Mondays to Saturdays, and between the hours of 10:00 in the morning and 22:00 in the evening on Sundays and Bank or Public Holidays.

Reason: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area. In accordance with: Policy QE6 of the Adopted Local Plan Core Strategy (July 2014); and Paragraph 123 of the National Planning Policy Framework

(Feb 2019); and Section 6 of the Environmental Protection Supplementary Planning Document (May 2013)

5. Prior to the playing of any music other than background music, the applicant shall submit in writing to the local planning authority, a noise management plan for written approval. The noise management plan shall identify suitable and appropriate control measures and necessary operational precautions to minimise the impact of music on nearby residential dwellings. Once approved, the noise management plan shall be implemented in full whenever music other than background music is played and for the duration of playing of such music. The noise management plan shall be reviewed periodically and in response to any justifiable complaint.

Reason: To prevent an increase in background noise levels and protect the amenity of any residents.

In accordance with: Policy QE6 of the Adopted Local Plan Core Strategy (July 2014); and Paragraphs 170(e) & 180(a) of the National Planning Policy Framework (February 2019); and Section 6 of the Environmental Protection Supplementary Planning Document (May 2013)

6. The delivery of goods to the site shall be limited to the hours of 08:00 to 20:00 on Mondays to Fridays, 09:00 to 20:00 on Saturdays, and at no time on Sundays and Bank or Public Holidays.

Reason: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

7. The collection of refuse from the site shall be limited to the hours of 08:00 to 20:00 on Mondays to Fridays, 09:00 to 20:00 on Saturdays, and at no time on Sundays and Bank or Public Holidays.

Reason: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

8. Tables and chairs shall be accommodated only within the physical building subject to this application; the outside curtilage of the site shall not be used for

eating and drinking associated with the use hereby approved and there shall be no tables or chairs located outside of the building at any time.

Reason: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area, and to ensure it does not cause a hazard to pedestrians or other highway users in the interests of highway safety.

In accordance with: Policy QE6 of the Adopted Local Plan Core Strategy (July 2014); and Paragraph 123 of the National Planning Policy Framework (Feb 2019); and Section 6 of the Environmental Protection Supplementary Planning Document (May 2013) to enable Warrington Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with Policy QE7 of the Warrington Core Strategy.

PLAN EXTRACTS/ SITE PHOTOGRAPHS

Internal floorplan

DEVELOPMENT MANAGEMENT COMMITTEE DATE12th February 2020 ITEM 4

Application Number: 2019/35915

Description of Development: Proposed demolition of detached dwelling and the erection of 2No. detached dwellings. Location Address: 18, Grammar School Road, Lymm, Warrington, WA13 0BQ Applicant: Mr David Exley Ward: Lymm South Site Allocation: Inset Greenbelt Village Number of representations 14 received: Reason for Referral: Parish Objection & Cllr Call-In

Statutory expiry date: 14th February 2020

Recommendation: Approve Subject to Conditions Case Officer: Natalie Blackhurst [email protected]

SUMMARY OF KEY REASONS FOR RECOMMENDATION • The principle of residential development in this location including the location of the development in the Inset Settlement of Lymm is appropriate • The design and safety of access to and from the site from Grammar School Road and parking provision and layout would be acceptable. • The living conditions of adjacent occupiers would be protected from undue harm. • The development will not have an unacceptable impact upon flood risk. • The impact of the development upon any protected species has been assessed and subject to appropriate mitigation is acceptable.

OFFICER’S REPORT TO PLANNING COMMITTEE 1. APPLICATION SITE AND SURROUNDINGS

1.1 The site is located within the settlement of Lymm which is an inset village within the Green Belt, as defined in the Adopted Local Plan (refer to Policy CC1).

1.2 No 18 Grammar School Road is located within an existing residential area and is positioned on the southern side of the road. The existing dwelling is situated in a large plot with a rear garden stretching approx. 35m to a boundary with the rear garden of a dwelling on Woodland Drive. The site is enclosed by an established hedge to all boundaries and there is a driveway with dropped curb providing vehicular access from Grammar School Road. 1.3 There are a mix of house types (although mainly large, detached properties) along the road, and a new housing development (Scholars Green Lane). There is a substantial detached traditionally styled dwelling on the opposite side of the road with pitched roofs and bay projections, it is screened from the road by tall mature trees and hedgerow. 1.4 The site lies within Flood Risk Zone 1 which is the lowest risk category for flooding.

2. DESCRIPTION OF PROPOSAL

2.1 The application seeks consent for the demolition of the existing dwelling and the construction of two new 5no. bedroom detached dwellings.

2.2 The dwellings would be 2.5 storeys in height with projecting bays to the front and recessed porches. It is proposed that integral garages are provided to the sides of the proposed dwellings. The proposed dwellings would be symmetrical in nature and would be matching in design.

2.3 At ground floor the dwellings would accommodate a living room and office to the front with windows facing Grammar School Road, centrally would be a WC, utility room and a dining room accessed off an atrium hallway. Both the WC and the utility room would have no windows, and only one small window would be located in the side elevations of the dwellings facing the adjacent proposed property.

2.4 To the rear of the dwellings would be a large open plan kitchen/dining and family area with patio doors opening out onto the garden areas of the proposed dwellings.

2.5 The garages would be on the outer most elevations of the properties closest to the neighbouring dwellings at numbers 20 and 16 Grammar School Road. The garage elements would be lower in height than the main houses and would feature dormer windows within both the front and rear elevations serving an upper floor which is to be used as a gymnasium.

2.6 The remaining first floor level of the dwellings would accommodate a master bedroom with en-suite to the rear of the dwelling. Two elongated windows are proposed within this elevation serving the walk in wardrobe and the en-suite and a large window serving the main bedroom area. Centrally within the first floor of the dwellings would be wardrobes and en-suites serving bedrooms 2 & 3. The principle

windows for bedrooms 2 & 3 would be located within the front elevations of the dwellings facing Grammar School Road. No windows are proposed within the side elevations of the proposed dwellings at first floor.

2.7 At second storey level there would be two additional bedrooms with an outlook to the rear, walk through wardrobes located centrally and en- suites to the front. The en-suite windows would be set within the peaks of the roof and would be relatively small in size.

2.8 Access to the site is to be taken from Grammar School Road to the north and would include two separate driveways. Parking would be available to the front of the dwellings on private driveways and each dwelling would have one car parking space within the integral garages.

2.9 Private amenity space would be located to the rear of the dwellings. The proposals include hard landscaping to the front to create the driveways and soft landscaping to the boundaries and to the rear of the dwellings.

2.10 Some trees are located to the very end of the garden area of the site, however these are to be retained as part of the development and have been afforded no formal protection under any Tree Preservation Order (TPO).

3. LOCAL REPRESENTATIONS

3.1 Ward Councillors Councillor Fradgeley has requested that the application is heard by members of the Development Management Committee and has objected to the proposals on the following grounds: • Increase in footprint and cubic volume • Overdevelopment of the plot • Over bearing mass of brickwork and glazing to the frontage • The development would constitute almost a doubling of the footprint of the existing building • Impact upon the spaciousness of Grammar School Road • The design of the properties is out of keeping • The proposals contravene Policy QE7 of the Adopted Core Strategy • Reduction in landscaping to allow for the creation of new driveways • Reference to the dismissed Inspectors decision for the site at 14 Grammar School Road in 2018 (ref: APP/M0655/W/18/3199674). 3.2 Parish Council Lymm Parish Council has objected to the application on the following grounds: • Overdevelopment of the site

3.3 General Public

The applications was publicised by 11 neighbour notification letters and a site notice. As a result, objections from 14 addresses have been received from residents. These are summarised as follows: Principle Issues • The scheme does not provide affordable housing

Design & Impact upon the Visual Amenity of the Area: • The scale of the properties would be out of proportion with other properties on the road • The size of the dwellings would detract from the spacious nature of the area and is not in keeping with the gaps between existing houses • The site is within the Lymm Village Conservation Area • Overbearing impact upon the street scene • The proposed dwellings would be significantly larger than the buildings which are on site at present • Comparisons between the site at 14 Grammar School Road and the subsequent Inspector’s decision (Appeal ref: APP/M0655/W/18/3199674) • Removal of part of the front wall and hedges would have an impact upon the character of the area • The details of how the front boundary will be treated have not been provided – the development would lead to a loss of an attractive sandstone wall to the front of the site affecting the character of the area.

Residential Amenity • Noise and Disturbance during construction • Overbearing and would cause overlooking to neighbouring properties

Highways Implications • The driveway is close to the hedge with number 16 Grammar School Road and the junction with Scholars Green Lane • The proposed development would cause the potential for additional on street parking on Grammar School Road causing issues for visitors to other properties on the road • In order to maintain highway safety hedges would need to be removed and the existing wall would be affected • The visibility splays would involve pruning of neighbouring hedges • Increase in activity to and from the site by construction traffic impacting on the safety of pedestrians including children from the nearby school • unacceptable provision of parking within the site boundary

Ecology Issues • Decrease in the number of bats and owls since the new properties have been built along this road • The applicant has already removed trees on the site

Other issues • Request that a timescale for development be agreed • Request that lighting is controlled so that light spillage does not occur affecting neighbouring gardens

4. CONSULTEES

4.1 Warrington Borough Council Environment & Transport Directorate – Highways No objection subject to conditions to ensure that: • The drainage of the site is designed so that water does not discharge onto the public highway • The dwellings are not be occupied until the visibility splays shown on drawing number 19-411-040 are cleared of all obstruction exceeding 600mm in height above the footway and shall be maintained as such • The driveways for the first 5 metres from the back of the footpath are paved in a material to be approved by the Local Planning Authority • No gates or other means of obstruction are erected across the vehicular access formed as part of the development • The parking provision shall be made available prior to first occupation • A scheme for vehicle charging points is submitted.

4.2 Warrington Borough Council - Environment and Public Protection No objections subject to conditions relating to Contaminated Land and informative relating to working hours and lighting.

4.3 Greater Manchester Ecology Unit (GMEU) GMEU have commented that the submitted bat survey is sufficient and has requested that a condition is attached to require that the development is carried out in accordance with the recommendations within the submitted report.

5. RELEVANT SITE HISTORY

Planning Description of Decision Date of Decision Reference Development 93/30609 Proposed Approved 9th July 1993 precast concrete garage

93/35656 Proposed Approved with 29th November extension to Conditions 1993 home workshop

6. PLANNING POLICY

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires the Committee to make its determination in accordance with the Development Plan unless material planning considerations support a different decision being taken. Whilst third party representations are regarded as material planning considerations (assuming that they raise town planning matters) the primary consideration, irrespective of the source or number of third party representations received, remains the extent to which planning proposals comply with the Development Plan. The National Planning Policy Framework (NPPF) supports this legislative position and its contents are a material consideration in determining the application.

National Planning Policy Framework 2019 (NPPF) The National Planning Policy Framework (2019) (NPPF) confirms that decisions should apply a presumption in favour of sustainable development. Paragraph 7 of the document states that the objective of sustainable development can be summarised as meeting the needs of the present without compromising the ability of future generations to meet their own needs. This is balanced by Paragraph 9 which states that plans and decisions need to take local circumstances into account, so that they reflect the character, needs and opportunities of each area.

Where there are other specific, relevant, material issues raised in the NPPF these will be discussed within the Assessment below.

As stated above, the NPPF re-iterates that planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan, in the case of Warrington, refers to the Local Plan Core Strategy (2014).

Relevant Policies in the Local Plan Core Strategy (2014) CS1 – Overall Spatial Strategy – Delivering Sustainable Development CS2 – Overall Spatial Strategy QE6 – Environment and Amenity Protection QE7 – Ensuring a High Quality Space SN1 – Distribution and Nature of New Housing CC1 – Inset and Green Belt Settlements

Supplementary Planning Documents Environmental Protection SPD Design and Construction SPD Standards for Parking in New Development SPD

Lymm Neighbourhood Plan (2019)

7. EQUALITIES ACT (2010)

In determining this application, the Local Planning Authority has considered the requirements under S149 of the Equalities Act 2010. It is considered that the application has no differential impacts.

8. ASSESSMENT

The key issues of this particular application relate to: • Principle of Development & Previously Developed Land • Impact upon Visual Amenity & the Character of the Area • Impact upon Residential Amenity • Impact Upon Parking and Highway Safety • Ecology Issues • Other Matters

8.1 Principle of Development 8.11 Policy CS1 of the Warrington Core Strategy states that throughout the Borough development proposals that are sustainable will be welcomed and approved without delay. It states that in order to be sustainable, development should accord with national and local policy and have regard to, amongst other things, the planned provision for housing growth; the priority afforded to accommodating growth in inner Warrington through the use of previously developed land; the priority afforded to the protection of the Green Belt and the character of the countryside; the need to safeguard environmental standards, public safety and residential amenity; the delivery of high standards of design and construction, that have regard to local distinctiveness and energy efficiency and the need to develop sites in appropriate locations accessible by public transport, walking and cycling.

8.12 Policy CC1 identifies those settlements that are Inset (that is excluded) from the Green Belt. Within these settlements, which includes Lymm, new build development will be allowed provided they comply with national planning policy and are sustainable in terms of Policy CS1.

8.13 Policy CS2 (Overall Spatial Strategy) outlines the broad spatial strategy and specifies, amongst other things; that the town of Warrington will continue to function as the primary settlement in the borough and the re-use of previously developed land within defined settlements (of which Lymm is included) will be prioritised.

8.14 Policy SN1 (Distribution and Nature of New Housing) sets out the Council’s approach to managing the distribution and nature of new housing required, with this policy emphasising the need to ensure that the mix of housing in terms of type, size and tenure meets identified needs and ensures that an attractive and balanced housing offer is available. The policy states that 40% of new homes will be achieved

primarily through development within the suburban areas of the town and the Borough’s outlying settlements. The policy acknowledges that small-scale, low impact infill development will be supported in the Borough’s defined settlements, where the proposal accords with relevant national policy. 8.15 The principle of the proposed development has been assessed against local and national policy taking in to account the requirement for the Council to be able to demonstrate a 5 year housing land supply; currently the council can only demonstrate up to a 3.35 year supply of deliverable housing land and this is a material consideration in the determination of the application. 8.16 It is considered that, when taking into account Policies CC1 and CS1 of the Adopted Core Strategy and the NPPF, the development would comply.

8.17 Paragraph 11 of the NPPF states that for application involving the provision of housing, where the local planning authority cannot demonstrate a five year supply of deliverable housing sites, planning permission should be granted unless;

i. The application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or ii. Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

Annex 2 of the NPPF provides a definition of what constitutes previously developed land states that Land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed) and any associated fixed surface infrastructure. It advises that land in built up areas, such as private residential gardens are not previously developed land.

8.18 The two proposed dwellings will be positioned on a similar footprint to the existing house and garage and the majority of the existing garden will remain undeveloped, therefore this proposal would constitute development on previously developed land.

8.19 This small scale proposal will result in the net gain of one dwelling and will contribute towards the Councils objective of delivering 80% of new homes on previously developed land.

8.20 Furthermore, the application site is considered to be located within a sustainable location, within walking distance of local amenities in Lymm centre which is approximately 0.5 miles or a ten minute walk from the site. Frequent bus services also run along Higher Lane to the south of the site. The proposal is therefore considered to represent an efficient and effective use of land as it would involve the development of a site which is well located in terms of access to goods and services.

8.2 Impact upon Visual Amenity & the Character of the Area 8.21 There are a range of property styles along Grammar School Road which add to the overall mix and character. The majority of dwellings along Grammar School Road are two storey in nature. 8.22 The proposal is for 2 no. two storey detached properties with integral garages. These present a mirror image and are symmetrical in design. The information submitted indicates that the external materials will be facing brick and slate roofing. These materials are considered appropriate for the character of the area. 8.23 The siting of the dwellings will mean they will have an immediate presence on the street scene, however they maintain the building line along this straight section of Grammar School Road. The proposal is of a regular arrangement with spacing consistent with other properties along Grammar School Road. The pattern of development, with dwellings having garages to the side of the property, is evident from neighbouring properties.

8.24 The current plan shows each property having its own access from Grammar School Road. The scale and massing of the proposal is in keeping with neighbouring properties with the integrated garages on the outside boundaries and at one storey retaining a sufficient separation distance between the neighbouring properties. There would remain 3.1 metres from the side of the garage for House B to the closest elevation of number 16, and 4 metres from the side elevation of the garage belonging to House A and the closest side elevation of number 20. It is considered that this is sufficient space about the buildings to ensure that the development does not appear ‘cramped’ within the street scene. (A visual plan of this arrangement can be found within the Proposed Layout Plan section within the Appendices section of this report).

8.25 In relation to the amenity of future occupiers, although there are no defined spacing standards within any adopted policies for new housing development, it is generally expected that a 1 metre separation distance is maintained between dwellings. This is a standard which is generally applied though the Adopted House Extensions SPD and the principle of such is considered relevant in the context of this development. The proposed layout maintains a 2 metre separation distance and as such it is considered that the amenity of future occupiers would be protected. It is acknowledged that the properties along this row sit within large curtilages, however it is considered that the open character of the area is due mostly to the large front gardens and the set back of dwellings from Grammar School Road. The proposed dwellings would maintain this large front garden and set back arrangement and would follow the existing building line. It is not considered that the proposed dwellings would be significantly closer to the common boundaries with the adjacent properties than the existing dwelling. It is there for considered that the proposed buildings would not have any significant or detrimental impact upon the overall character of the street scene or the open nature of the area.

8.56 Whilst there are a range of housing designs around the site, the proposed development should not have a detrimental impact upon the character and appearance of the street scene because of the retained space, the symmetry in design and position on the existing footprint and within the building line of Grammar School Road.

8.3 Impact upon Residential Amenity 8.31 Policies CS1 and QE6 of the Warrington Borough Council Core Strategy identify the need to safeguard public amenity.

8.32 The proposed development would be located on land where there is currently a two storey dwelling. The proposals involve the construction of 2no 2.5 storey dwellings. The adjacent properties at numbers 16 and 20 sit within large curtilages with space between the buildings as a result of their private driveways and existing garages. The proposed height of the development would be slightly higher than the existing building (increase of 36.8 cm) on the site and would not be significantly higher than the adjacent buildings. This is apparent within the street scene drawing which forms part of the appendix to this report. Given the existing building mass of the site and the similar footprint which is now proposed, it is not considered that the immediately adjacent neighbour’s amenities would be detrimentally affected by any overshadowing over and above that which could already reasonably be expected to occur.

8.33 The proposed layout of the buildings is such that the dwellings would not project significantly beyond either the front or rear elevations of the adjacent dwellings, and as such it is not considered that any overshadowing would occur to windows within the front or rear elevations of the adjacent buildings. The main building line at this point along Grammar School Road would be maintained as a result of the dwellings being constructed according to the proposed layout.

8.34 The proposed dwellings have been designed in such a way that the lower parts of the buildings (garages) will be located closest to numbers 16 and 20, this lessening the impact upon these properties in terms of appearance and bulk and massing closer to the party boundaries.

8.35 The proposed properties would benefit from generous rear gardens which would not only provide adequate amenity space for future occupiers, but would also create a significant separation distance between the properties, the rear party boundary and dwellings beyond on Woodland Drive.

8.36 The proposals involve a significant amount of glazing especially to the rear elevation, and therefore there would be some potential for overlooking from first floor windows. However the location of the glazing is situated away from common boundaries and it is considered that as there are currently windows in the existing house at first floor level; furthermore, it is generally accepted that the main rear elevation will contain the main windows. As such there would be no significant or detrimental impact upon the privacy of the adjacent neighbours.

8.37 No windows are proposed within the side elevations of the proposed dwellings aside from two small dining room windows at ground floor level. By virtue of the relatively small size of these windows and their location at ground floor it is not considered that they would have any significant or detrimental impact upon the neighbouring property. It is considered unnecessary to require that these small windows serving dining rooms be obscured, especially since boundary treatments will

exist along the common boundary which is considered sufficient to protect the privacy and amenity of future occupiers.

8.38 Whilst the submitted plans state that no habitable windows are in the east/west elevations, consideration must be given to their relationship with any habitable windows on the side elevations of the neighbouring properties at numbers 16 and 20. Policy QE6 of the Warrington Borough Council Core Strategy identifies that consideration should be had to the need to respect the living conditions of existing neighbouring occupiers in relation to overlooking/loss of privacy, outlook, sunlight, daylight, overshadowing, noise and disturbance. In light of this, and in order to protect the amenities of the occupiers of these dwellings permitted development rights have been removed, including for the insertion of new windows, in order to retain control should the occupants wish new openings to be created in the future.

The neighbours raise objections in relation to the impact upon amenity; however, for the reasons set out above, and subject to conditions, it is considered that there would be no significant or detrimental impact upon residential amenity in terms of loss of light, overlooking, overshadowing or by being over bearing. 8.39 Neighbour objections have also been noted in relation to disturbance during construction. Whilst the hours of construction are not normally controlled by a planning condition an informative would be attached, should permission be granted, to recommend that working hours are restricted to avoid undue disturbance to neighbours. A condition requiring a Construction Environment Management Plan (CEMP) is also suggested to identify and mitigate against impacts upon the wider area. 8.40 Overall it is considered that the proposals would be in accordance with Policy QE6 of the Adopted Core Strategy and the broader aims of Policy CS1. 8.4 Impact upon Parking and Highway Safety 8.41 Policy CS1 of the Warrington Borough Council Core Strategy identifies the need to protect public safety. Policy QE6 of the Warrington Borough Council Core Strategy identifies the need to consider the effect and timing of traffic movements to, from and within the site, and whether adequate car parking is proposed in order to ensure that any new development does not have an adverse impact upon highway safety.

8.42 The proposals involve the creation of two separate driveways to serve each of the properties. Private driveways are also proposed to the front of each dwelling.

8.43 At this point, Grammar School Road is relatively straight with low walls and hedgerows along the front common boundaries. In order to maintain the safety of users of the highway, including pedestrians, the applicant has submitted a detailed plan showing the visibility splays both for vehicles and pedestrians. (This can be found in the Plan Extracts section of this report at figure 11.3).

8.44 The Warrington Borough Council Highways Department have commented that the visibility splays are acceptable and meet with current standards. A number of conditions have also been requested relating to boundary treatments and future works to the access points. There are some shrubs on the site which would need to be

pruned to allow for visibility, but these are not of any significant amenity value, and a landscaping scheme condition has been attached to require that replacement planting is provided. The existing sandstone wall and hedge boundary are to be retained and re-configured around new openings. This is shown on the Visibility Splay Entrance detail within the appendices to this report. A condition has also been attached to ensure that a scheme for boundary treatments is submitted to and approved in writing by the Local Planning Authority.

8.45 The neighbour objections in relation to highway safety are acknowledged however subject to the recommended conditions being complied with it is considered that the development would not give rise to any significant highway safety concerns.

8.46 The level of car parking as proposed is considered to be sufficient and would be in accordance with the Adopted Warrington Borough Council’s ‘Car Parking in New Developments’ SPD.

8.5 Ecology Issues 8.51 Policy QE8 of the Adopted Warrington Borough Core Strategy requires that all development proposals affecting protected sites, wildlife corridors, key habitats or priority species (as identified in Local Biodiversity Action Plans) should be accompanied by information proportionate to their nature conservation value.

8.52 Aside from the existing building the site is generally open with some trees to the rear common boundary and at the front corners of the site. The garden area consists of an expanse of lawn with few ornamental shrubs and hedges along the common boundaries.

8.53 No trees are proposed to be felled as part of the application. Neighbours have commented that trees have been felled prior to the submission of the application, however none of the trees on the site are subject to Tree Preservation Orders and the trees are in the ownership of the applicant. It is not considered that any tree felling which has already taken place can be afforded significant weight in the determination of this application.

8.54 The applicant has submitted an Ecology Report which has been assessed by the Greater Manchester Ecological Unit. The findings of the report was that bat activity in the area was still high albeit the survey was carried out late in the season, but that the findings are still valid. Greater Manchester Ecological Unit have requested that conditions are attached to ensure that adequate mitigation measures are put in place to avoid any impact upon protected place to species.

8.55 The neighbour comments are acknowledged in relation to loss of habitats however it is considered that through appropriate conditions, the impact upon local wildlife can be mitigated. The applicant has submitted an Ecological survey and it concludes that the development would not result in a loss of any habitats, but would benefit the area by securing ecological enhancements. It is therefore considered that the development overall would be in accordance with the aims of Policy QE5 of the Adopted Core Strategy.

8.6 Other Matters 8.61 Conservation Area For the avoidance of doubt the Site does not fall within any Designated Conservation Area as defined by the Adopted Warrington Borough Council Core Strategy. 8.61 Inspectors decision at 14 Grammar School Road decision (Appeal ref: APP/M0655/W/18/3199674) The neighbour comments in relation to the previous Inspector’s Decision at the site at 14 Grammar School Road are acknowledged. Within this case the Inspector considered the main issues to be the effect upon the character of the site and the area, and the living conditions of the occupiers of number 16 Grammar School Road. The Inspector found that the site was occupied by a bungalow on a large corner plot, and noted that the area enjoyed a spacious character with dwelling set well back from their site frontages. It is considered that the proposed development at number 18 Grammar School Road would maintain this open character with the buildings being set back and respecting the established building line along this part of Grammar School Road. The decision is recognised, however it is considered that the two sites have significant differences in that number 4 is a corner plot with a bungalow and the resulting built form would be significantly greater than the existing. The application site is significant different as it is within an established row of dwellings and the level of development would not be significantly greater than the existing. Whilst some comparisons can be made between the sites, it remains that each site and development proposal should be considered on its own merits taking into account the specific characteristics of that site.

8.62 Lymm Neighbourhood Plan (2019)

The Lymm Neighbourhood Plan has not yet reached the pre-submission consultation stage and no draft plan has yet been produced. Therefore no weight can be afforded to it in consideration of this application.

9. CONCLUSIONS AND RECOMMENDATIONS

9.1 Overall it is considered that the development of the site for residential use is acceptable in principle, and the size, scale, layout and massing of the proposed dwellings is acceptable in relation to the existing character of the area.

9.2 That there is a benefit to the scheme due to the provision of one extra dwelling and having regard to the council’s current 5-year housing land supply position.

9.3 It is not considered that there would be any significant or detrimental impact upon residential amenity, highway safety, or ecology subject to appropriate conditions being attached should the application be approved.

9.4 The recommendation is therefore that the application is approved subject to conditions.

10. SCHEDULE OF CONDITIONS

1. The development hereby approved shall be commenced before the expiration of three years from the date of this permission.

(a) The planning application forms, design and access statement and additional information received by Warrington Borough Council on 7th Oct 2019 (b) Submitted drawing No's:

Site Location Plan 19-411-001-b Existing Site Plan 19-411-002-b Proposed Site Plan 19-411-003-c House A Proposed Ground Floor Plan 19-411-004 House A Proposed First Floor Plan 19-411-005 House A Proposed Second Floor Plan 19-411-006 House A Proposed Roof Plan 19-411-007 House A Proposed Front Elevation 19-411-008 House A Proposed Rear Elevation 19-411-009 House A Proposed Side Elevations 19-411-010 House B Proposed Ground Floor Plan 19-411-011 House B Proposed First Floor Plan 19-411-012 House B Proposed Second Floor Plan 19-411-013 House B Proposed Roof Plan 19-411-014 House B Proposed Front Elevation 19-411-015 House B Proposed Rear Elevation 19-411-016 House B Proposed Side Elevations 19-411-017 Proposed Street Elevations 19-411-018-a Visibility Splay Entrance Detail 19-411-040

received on 7th October 2019 .

Reason: for the avoidance of doubt and to enable Warrington Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with Policy QE7 of the Warrington Core Strategy. 3. None of the building(s) hereby approved shall be constructed until written and photographic details of the external roofing and facing materials (including manufacturer’s details) shall be submitted to the local planning authority for approval. Materials samples shall be made available to view on site and shall

NOT be deposited with the Local Planning Authority. The development shall be constructed in accordance with the approved details/samples

Reason: In order to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction 4. The development shall not be implemented until the surface water drainage of the site has been designed to prevent the discharge of water on to the public highway. The drainage design shall be submitted to and approved in writing by the Council as Local Planning Authority.

Reason: To prevent unnecessary surface water from being deposited on to the highway thus causing a potential source of danger to other road users in accordance with Policies QE6 and QE7 of the Adopted Warington Borough Council Core Strategy. 5. No part of the development hereby approved shall be occupied until the visibility splays defined on Drawing No. 19-411-040 are cleared of all obstructions to visibility exceeding 600mm in height above footway level. The visibility splays shall subsequently be maintained free of any visual obstruction thereafter.

Reason: To ensure adequate visibility at the street junction or site access in the interests of road safety and to accord with Policies QE6 and QE7 of the Adopted Warington Borough Council Core Strategy.

6. Before the drives are used for vehicular purposes, that part of the drives extending from the nearside edge of the highway boundary of Grammar School Road for a minimum distance of 5 metres into the site shall be appropriately paved in a bound material such as tarmacadam, concrete, block paviours or other material approved in writing by the Council as Local Planning Authority.

Reason: To prevent loose surface material/debris from being carried on to the public highway thus causing a potential source of danger to other road users in the interests of road safety in accordance with Policies QE6 and QE7 of the Adopted Warington Borough Council Core Strategy.

7. No gates or other means of obstruction shall be placed across the vehicular access formed as part of this development.

Reason: To permit vehicles to pull clear of the carriageway when entering the site in the interests of road safety in accordance with Policies QE6 and QE7 of the Adopted Warington Borough Council Core Strategy.

8. The parking provision shown within the curtilage of each dwelling on the approved plans shall be provided prior to first occupation of the dwelling to which it relates. The parking provision shall not be used for any other purpose other than the parking of vehicles. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or re-enacting that order), no building works, which would reduce this provision, shall take place except following the express grant of planning

permission by the Council.

Reason: To ensure that appropriate provision for parking vehicles is made and maintained, thereby avoiding hazards caused by indiscriminate parking in accordance with Policies QE6 and QE7 of the Adopted Warington Borough Council Core Strategy.

9. A scheme for the provision of electric vehicle charging points, or passive provision, shall be submitted to and agreed in writing with the Local Planning Authority. The agreed scheme shall be provided prior to first occupation of each unit and retained as such thereafter.

Reason: To ensure that appropriate provision for current and future electric and electric/hybrid vehicles and encourage more sustainable means of transport in accordance with Policies QE6 and QE7 of the Adopted Warington Borough Council Core Strategy.

10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification): (i) no external alterations shall be carried out to the dwelling(s) (ii) no extensions shall be carried out to the dwelling(s) (iii) no garages or outbuildings shall be erected within the curtilage of the dwelling(s) (iv) no vehicle standing space or hardstanding shall be provided within the curtilage of the dwelling(s) (v) no gates, walls, fences or other structures shall be erected along any boundary to the curtilage of the dwelling(s) (vi) no means of vehicular access shall be constructed to the curtilage of the dwelling(s) (vii) no new window openings or dormer windows shall be added to the dwelling(s) other than those expressly authorised by this permission, unless planning permission for such development has been granted by the Local Planning Authority.

Reason: In the interests of visual amenity and in order to protect the amenities of the occupiers of neighbouring properties and to comply with Policy QE6 of the Warrington Core Strategy. 11. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to the Local Planning for approval. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials iii. storage of plant and materials used in constructing the development iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v. wheel washing facilities vi. measures to control the emission of dust and dirt during construction vii. a scheme for recycling/disposing of waste resulting from demolition and construction works Reason: In order to comply with Policy QE6 of the Warrington Local Plan Core Strategy. A pre-commencement condition is needed so that all construction matters are properly controlled prior to commencement of all development

including construction.

12. The garages within the development hereby approved shall be kept freely available for the parking of cars , and shall not be converted or altered to form an additional room within the dwelling without the submission and grant of a planning permission for that purpose by the local planning authority.

Reason: In order to comply with Policy QE6 of the Warrington Local Plan Core Strategy

13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with our without modification) details of the position, type and height of all fences and walls to be erected on the site shall be submitted to the local planning authority for approval. The development shall thereafter accord with approved details.

Reason: No details of fences and walls have been submitted with the application and In order to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction 14. Prior to first occupation of any building(s) hereby approved a satisfactory programmed landscaping scheme which shall include hard surfacing, means of enclosure, planting of the development, indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of the development, shall be submitted to the Local Planning Authority for approval. The approved scheme shall be implemented during the first planting season following the completion of development and any tree or shrub planted which dies or is felled, uprooted, willfully damaged or destroyed in the first five year period commencing with the date of planting shall be replaced by the applicants or their successors in title.

Reason: To ensure a satisfactory form of development and to enhance the visual amenities of the locality and to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction. 15. No development (other than demolition and site clearance works) shall take place until the steps in Sections A and B below are undertaken: A: CHARACTERISATION: With specific consideration to human health, controlled waters and wider environmental factors, the following documents must be provided (as necessary) to characterise the site in terms of potential risk to sensitive receptors: • Preliminary Risk Assessment (PRA or Desk Study) • Generic Quantitative Risk Assessment (GQRA) informed by a Intrusive Site Investigation • Detailed Quantitative Risk Assessment (DQRA) The actions required in Sections A and B shall adhere to the following guidance: CLR11 (Environment Agency/DEFRA, 2004); BS10175 (British Standards Institution, 2011); C665 (CIRIA, 2007).

Reason: To mitigate risks posed by land contamination to human health, controlled water and wider environmental receptors on the site (and in the vicinity) during development works and after completion. In accordance with: Policy QE6 of the Adopted Local Plan Core Strategy (July 2014); Paragraphs 170(f) & 178 of the National Planning Policy Framework (February 2019), and Section 4 of the Environmental Protection Supplementary Planning Document (May 2013). Disclaimer: Irrespective of any involvement by this LPA, the responsibility to address contaminated land issues, including safe (re)development and secure occupancy, resides entirely with the Landowner/Developer of the site.

• Remedial Options Appraisal Completing a PRA is the minimum requirement. DQRA should only to be submitted if GQRA findings require it. B: SUBMISSION OF A REMEDIATION & VERIFICATION STRATEGY: As determined by the findings of Section A above, a remediation strategy (if required) and verification (validation) strategy shall submitted in writing to and agreed with the LPA. This strategy shall ensure the site is suitable for the intended use and mitigate risks to identified receptors. This strategy should be derived from a Remedial Options Appraisal and must detail the proposed remediation measures/objectives and how proposed remedial measures will be verified. 16. The development shall not be taken into use until the following requirements have been met and required information submitted to and approved by the Local Planning Authority (LPA):

A: REMEDIATION & VERIFICATION: Remediation (if required) and verification shall be carried out in accordance with an approved strategy. Following completion of all remediation and verification measures, a Verification Report must be submitted to the LPA for approval. B: REPORTING OF UNEXPECTED CONTAMINATION: All unexpected or previously-unidentified contamination encountered during development works must be reported immediately to the LPA and works halted within the affected area(s). Prior to site works recommencing in the affected area(s), the contamination must be characterised by intrusive investigation, risk assessed (with remediation/verification measures proposed as necessary) and a revised remediation and verification strategy submitted in writing and agreed by the LPA. C: LONG-TERM MONITORING & MAINTENANCE: If required in the agreed remediation or verification strategy, all monitoring and/or maintenance of remedial measures shall be carried out in accordance with the approved details. The site shall not be taken into use until remediation and verification are completed. The actions required to be carried out in Sections A to C above shall adhere to the following guidance: CLR11 (Environment Agency/DEFRA, 2004); BS10175 (British Standards Institution, 2011); C665 (CIRIA, 2007).

2014); Paragraphs 170(f) & 178 of the National Planning Policy Framework (February 2019), and Section 4 of the Environmental Protection Supplementary Planning Document (May 2013). Disclaimer: Irrespective of any involvement by this LPA, the responsibility to address contaminated land issues, including safe (re)development and secure occupancy, resides entirely with the Landowner/Developer of the site. 17. The development hereby approved shall be carried out in accordance with the recommendations and mitigation measures as set out in the Bat Presence Survey Carried out by Braithwaites Bat Surveys dated 5th October 2019 and received by Warrington Borough Council on the 7th October 2019.

Reason: In order to ensure protection of endangered species and to accord with Policy QE5 of the Adopted Warrington Borough Coucil Core Strategy.

11. PLAN EXTRACTS

11.1 Existing Site Layout

11.2 Proposed Site Layout Plan

Plan showing separation distances:

11.3 Proposed Visibility Splays As reference within the Highway Safety section of the above report to show the pedestrian and vehicular visibility splays proposed:

This diagram also shows the retention of the existing sandstone wall and hedgerow to the front of the site.

11.4 Proposed Elevations House A

Front Elevation

Rear Elevation

Side Elevation

House B Front Elevation

Rear Elevation

Side Elevations

Street scene Elevation

12. Site Photographs Front of Existing Dwelling

Driveway as Existing

Adjacent Property at Number 16:

Front Garden Area:

Side elevation of Existing Dwelling:

Rear Garden

ARTICLE 35 STATEMENT Officers have worked with the applicant in a positive and proactive manner in order to seek solutions to the issues relevant to the proposed

92 development, consistent with the requirement in the National Planning Policy Framework (NPPF), paragraph 38.

DEVELOPMENT MANAGEMENT COMMITTEE DATE 12th February 2020 ITEM 5

Application Number: 2019/36125 Description of Development: Full Planning - Proposed Artificial Grass Pitch (AGP) with associated features including 3.00m high ball stop fencing and entrance gates; high pitch barriers with entrance gates internally within fenced AGP enclosure; hard-standing areas complete with associated porous asphalt surfacing for portable goals storage, pedestrian access and circulation and access as well as vehicular maintenance and emergency access; artificial grass surfaced matchday access; 15.00m and 16.00m high floodlight system around AGP perimeter; 6.00m high amenity lighting along hard standing access; 2.59m high maintenance equipment store located within AGP fenced enclosure; cycle park with 2.13m high covered shelter Location Address: Victoria Park, Knutsford Road, Latchford, Warrington Applicant: Warrington Borough Council. Ward: Latchford West Site Allocation: Public Open Space Number of representations None received: Reason for Referral: The site is owned by Warrington Borough Council Statutory expiry date: 14 February 2020

Recommendation: Approve subject to conditions

Case Officer: Nick Howard [email protected]

SUMMARY OF KEY REASONS FOR RECOMMENDATION • The proposed development meets the provisions of Paragraph 79 of the National Planning Policy Framework • The proposed development accords with Policy IW2 of the Councils Core Strategy. • The proposed development accords with Sport England’s policies • The proposed development would not be harmful to highway safety and the living conditions of nearby residents.

OFFICER’S REPORT TO PLANNING COMMITTEE 1. APPLICATION SITE AND SURROUNDINGS

1.1 The application site is situated within the centre of Victoria Park, Knutsford Road, Warrington. Vehicular and pedestrian access to the site is gained via a driveway entrance adjoining Knutsford Road as well as a further pedestrian footpath (and footbridge) connecting to Riverside Close to the west. Victoria Park is a multi-sport venue open twenty-four hours a day with facilities and attractions including:

• Victoria Park ASICS Stadium • Play area • Large skate park • Floodlit training pitches • Football and rugby pitches • Bowling greens • Toilets and WC • Changing facilities • Picnic benches • Car park • Allotments • Angling

1.2 Victoria Park is accessible from Warrington town centre on the A50 Knutsford Road. There is also a large hard standing car park with room for about 390 car parking spaces including 10 accessible parking spaces.

2. DESCRIPTION OF PROPOSAL

2.1 The proposal seeks full planning permission for an Artificial Grass Pitch (AGP). The proposed AGP will replace part of a grass playing field at Victoria Park and is to be located to the east of the existing Victoria Park Stadium.

2.2 The proposal also comprises a number of other ancillary elements, including a 3.00m high ball stop fencing and entrance gates; high pitch barriers with entrance gates, hard-standing areas for portable goals storage, pedestrian access and circulation and access as well as vehicular maintenance and emergency access; 8no.15.00m and 16.00m high floodlight system around the AGP perimeter; 6.00m high amenity lighting along hard standing access; 2.59m high maintenance equipment store located within AGP fenced enclosure and a cycle park with 2.13m high covered shelter.

2.3 The proposed AGP will be located close to existing facilities onsite, providing access for all community visitors to and from the changing accommodation and administration facilities.

2.4 The applicant has stated the plan is for Warrington Borough Council to increase grassroots sport development and to encourage whole-life sport by enhanced pathways, through an enhanced offer and via pre-arranged and structured community access, which continues the Council’s long history of providing sporting opportunities for the community.

2.5 This proposal has been strategically identified for Rugby League World Cup 2021 Legacy Funding to be invested into a new 3G Rugby Pitch (the proposed Artificial Grass Pitch (AGP)) at Victoria Park, creating a new community centre of excellence for rugby league within the Central 6 ward area.

2.6 The proposed activity times available for community access would be up to 22:00 Monday to Friday as well as Saturdays and Sundays. To ensure that community visitors can safely leave the AGP and for players and coaches to change if required before leaving Victoria Park, a final curfew time of 22:15 throughout the week and at weekends is requested. The requested operational times will provide opportunities for the AGP to be used for a maximum of 91 hours each week which is necessary to satisfy community demands for the sports facility.

2.7 The AGP will replace a grass rugby league pitch at Victoria Park and the applicant states this proposed location will afford convenient access for all community visitors to and from changing accommodation and administration facilities; as well as convenient maintenance and emergency access.

2.8 The applicant considers overall that this project will deliver genuine benefits in terms of sports engagement and as such, the proposed sports facility will serve to further enhance the excellent sporting offer that Warrington Borough Council provides to the local community.

3. AMENDED PLANS

None 4. LOCAL REPRESENTATIONS

4.1 Ward Councillors

None 4.2 Parish Council None

4.3 General Public A site notice was posted 3rd January 2020 and neighbour letters were posted. No representations were received. 5. CONSULTEES

5.1 United Utilities- No objections subject to conditions

5.2 Asset and Flood Risk Team – No objections

5.3 Highways – No objections subject to conditions. The site benefits from a ghost- island priority junction access arrangement that caters adequately for existing and anticipated vehicular movements and has a large surfaced car park with space that can accommodate approximately 399 cars. Victoria Park already provides a range of sporting and leisure facilities and is open 24 hours a day.

5.4 The proposed artificial pitch will replace an existing grassed pitch although the installation of floodlighting will lead to a potential increase in use as the pitch will be available for longer periods throughout the year.

5.5 The existing access arrangements meet required standards in respect of geometry and layout with good visibility available at the access point to Knutsford Road; the ghost island arrangement accommodates a greater capacity of movement at the junction than a standard priority junction arrangement, minimising impact on the flow of traffic along Knutsford Road.

5.6 Car parking provision is substantial and the site is accessible on foot, by cycle and by public transport; the proposal includes additional cycle parking facilities.

5.7 Although the improved facilities may lead to an overall increase in movement to the site it is considered that the existing access and parking facilities are appropriate and there will be no material impact on the existing highway situation.

5.8 Sports England- raises no objection to this application which is considered to meet Exception 5 of our adopted Playing Fields Policy (see paragraph 9.9 of this report for details), subject to conditions relating to:

a) The technical specification of the Artificial Grass Pitch (AGP), specifically showing the cross sections of the sublayers with materials; and b) Details of the run-off distances around and between the natural turf football pitches to comply with FA guidance.

5.9 Sports England consultation is set out in more detail in the main body of the report.

5.10 Environmental Health- 5.11 As this is a change from an existing pitch to one that can operate all year around plus operate until 22.00hrs on each day, it is not necessarily considered a new activity but it can be considered to potentially intensify the existing use of that specific pitch.

5.12 Apart from one complaint about tannoy use approximately 3 years ago, the only other noise complaints concerning Victoria Park have been down to music events or fairs. Routine noise complaints about sporting activities do not appear to be problematic as a whole. However, introducing similar activities to existing but extending the hours to 22.00 as proposed may result in some complaints. It would therefore be for the management of the site to ensure that occasional monitoring of noise levels is undertaken to ensure that noise levels at the boundary of the site are not deemed to be unacceptable when the new AGP pitch is in use. This has been recommended as an informative only.

5.13 There are a number of other residential properties in the vicinity of the site which may be sensitive to construction noise so an informative has been recommended for this.

5.14 This is a large scheme for a non-sensitive end use located on land that is not currently designated as Potentially Contaminated Land (PCL). There appears to be a potential ground gas generation source(s) within 250m of the subject site (EAHLD16894: Blackbear Canal). On this basis a Contaminated Land Informative has been recommended to make the applicant/developer/agent aware of the potential for contamination to exist.

5.15 Environment Agency – No Objections

5.16 Great Manchester Ecology Unit- There are unlikely to be any significant ecological issues associated with this development. It still however represents a negative ecological impact unless mitigation is provided.

5.17 The proposed floodlighting has the potential to impact on bat foraging and commuting. The risk is however very low the development proposal located on very low risk habitat (amenity grassland), with the nearest high risk habitat the River Mersey 70m to the north, which is screened by trees from the proposed lighting. GMEU are satisfied that the floodlighting will not have any significant impact on the favourable nature conservation status of these species. No further information or measures are required.

5.18 Section 170 of the NPPF 2018 states that the planning system should contribute to and enhance the natural and local environment. The development will result in the loss of around 1.6 hectares of amenity grassland a low value ecological habitat. This represents a low ecological impact at the site level as there is large areas of additional amenity grassland at this site. It is still however a negative impact and contrary to the NPPF guidance unless mitigated. This would most easily be achieved by strengthening the existing screen of trees along the River Mersey. An area of approximately 0.2ha of native tree planting would be

equivalent in terms of habitat value (using the defra off-set matrices). Landscape details should be conditioned. Given this area is within the blue line, i.e. land within the applicant’s control, this can be required by condition.

6. RELEVANT SITE HISTORY

Planning Description of Decision Date of Reference Development Decision 2018/32998 Full Planning - Proposed Approved 14/09/2018 extension and minor refurbishment of existing Bowling Pavilion 2014/23866 Full Planning (Major) - Approved 17/07/2014 Proposed new community hub/sports facilities comprising of changing rooms, bar, community room, 300 seat grandstand

7. PLANNING POLICY

National Planning Policy Framework 2019 (NPPF)

7.2 The National Planning Policy Framework (2019) (NPPF) confirms that decisions should apply a presumption in favour of sustainable development. Paragraph 7 of the document states that the objective of sustainable development can be summarised as meeting the needs of the present without compromising the ability of future generations to meet their own needs. This is balanced by Paragraph 9 which states that plans and decisions need to take local circumstances into account, so that they reflect the character, needs and opportunities of each area.

7.3 Where there are other specific, relevant, material issues raised in the NPPF these will be discussed within the Assessment below.

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Relevant Policies in the Local Plan Core Strategy (2014)

Policy CS1 – Delivering Sustainable Development Policy CS6 - Strategic Green Links Policy CS9 – Strategic Location –Inner Warrington Policy LPCS IW2 – Victoria Park Policy QE6 - Environment and Amenity Protection Policy QE7 - Ensuring a High Quality Place Supplementary Planning Documents Supplementary Planning Document: Design and Construction Supplementary Planning Document: Environmental Protection (May 2013) Supplementary Planning Document: Standards for Parking in New Development (March 2015)

8. EQUALITIES ACT (2010)

9. ASSESSMENT

9.1 The key issues relating to this application are as follows:

o Principle of development including Sports England comments o Design and character o Floodlighting o Highway matters o Impact on neighbouring residential amenity o Flood Issues

Principle of Development 9.2 Paragraph 96-101 of the Framework sets out the Government policies with respect to open space and recreation. In particular Paragraph 97 is of relevance which states the following:

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Existing open space, sports and recreational buildings and land, including playing fields, should not be built on unless: a) an assessment has been undertaken which has clearly shown the open space, buildings or land to be surplus to requirements; or b) the loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable location; or c) the development is for alternative sports and recreational provision, the benefits of which clearly outweigh the loss of the current or former use. 9.3 Criterion b) is of most relevance to this proposal in that although the existing open space is to be built upon, its loss would be replaced by better provision in terms of quality. The proposed AGP together with the proposed floodlighting will ensure that the proposed pitch will be usable in the winter when the existing ground is waterlogged and the pitch will be used outside daylight hours. The proposal is therefore considered to comply with the provisions of Paragraph 97 of the Framework.

9.4 Turning to the Core Strategy, Policies CS6 and LPCS IW2 are considered to be of particular relevance to the proposal. Policy CS6 refers to Strategic Green Links. The policy states the Council will work with partners to develop and adopt a strategic approach to the care and management of the borough's Green Infrastructure. A key focus of these efforts will be on reinforcing, and maximising the environmental and socio-economic benefits from, those Strategic Green Links. The proposal will retain and improve the Green Infrastructure located within the park and will enhance the social-economic benefits for the local area and the Borough as a whole. The proposal therefore complies with Policy CS6.

9.5 Policy LPCS IW2 refers specifically to Victoria Park. The policy states the following:

The Council and its partners will look to preserve and enhance the unique characteristics of Victoria Park. Appropriate small scale development ancillary to the role of the park will be supported where it; • does not result in an unsubstantiated loss of green space or adversely affect the quality and extent of sports, play and park facilities that create vibrancy and activity throughout the day; • makes the park more sustainable, viable and attractive; • supports and does not prejudice works planned or undertaken as part of the Environment Agency's Flood Risk Management Strategy; • preserves the flood management role of the park as part of the identified functional flood plain by developing innovative and sustainable responses to flood risk issues within the park, using flood resilient materials and design;

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• opens up access to and enjoyment of the River Mersey and riverside links through to the Town Centre and Black Bear Park and encourages access to the park by active travel modes; • increases the functionality and improves the quality of Green Infrastructure particularly where this creates environments that mitigate the causes of and are resilient to the impacts of climate change and increases the area's attractiveness and its value as a habitat for biodiversity. • preserves and enhances the historic interest of the park, and historic assets within, including their setting, in accordance with national and local policies relating to Heritage Assets.

9.6 The proposed development will improve the quality of the sports provision and will increase the activity throughout the day and into the evenings. The proposal would make the park more viable and attractive and improve its sustainable credentials. The proposal is supported by the Environment Agency and would not be harmful to the flood management role of the park. The proposal would have a neutral impact on opening up access to the River Mersey, however it will attract more visitors to the park. The proposal would improve the quality of the Green Infrastructure and would have a slight harmful impact on the biodiversity of the park, however this could be off-set by additional tree planting. This can be required by condition.

9.7 In terms of the historic interest within the park, it has an early 19th century mansion ‘Old Warps’ sited to the western part of the park and is Grade ll listed. The building is located some distance from the application site and is not visible from the site due to the intervening running track and associated stands. The proposal would therefore not harm the historic interest within the park.

9.8 Accordingly, the proposal complies with Policy IW2. Overall the proposal is compliant with the provisions of the Framework and the Council’s Core Strategy Policies and the principle of development is acceptable, subject to Sports England comments which are set out below.

Design and Character

9.9 The main proposal is the provision of the AGP, which will have little impact on the character of the area as it replaces the grassed area. The structures which will be erected above ground comprise a new open steel mesh ball stop fencing and entrance gates around the entire AGP perimeter which will be 3.00m in height, the entrance gates internally to segregate the artificial grass pitch surface from adjoining hard standing areas will be 1.20m above ground, the floodlight system will be 15.00m and 16.00m above ground and comprise of eight (8no.) masts, two amenity lamp posts six metres high and some minor structures consisting of a store, team shelters and a cycle store.

9.10 The site is located within the centre of the park and adjacent to the existing sports stadium. The character of the immediate area is therefore a sports venue

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with large structures in close proximity to the site. Although the proposal will introduce a number of above ground structures the proposal design is complementary to a multi-sport venue and will introduce minimal visual impact. The proposal is therefore sympathetic to its surroundings and does not create unacceptable impact to any adjacent public areas. The proposal complies with Policy QE7 of the Councils Core Strategy.

Sports England comments 9.11 Sport England are a statutory consultee for the application and has considered the application in light of the National Planning Policy Framework (in particular Para. 97), and against its own playing fields policy, which states:

'Sport England will oppose the granting of planning permission for any development which would lead to the loss of, or would prejudice the use of: all or any part of a playing field, or land which has been used as a playing field and remains undeveloped, or land allocated for use as a playing field unless, in the judgement of Sport England, the development as a whole meets with one or more of five specific exceptions.' 9.12 This application relates to the provision of a new indoor/outdoor sports facility or facilities on the existing playing field at the above site. It therefore needs to be considered against Exception 5 of the above policy, which states:

'The proposed development is for an indoor or outdoor facility for sport, the provision of which would be of sufficient benefit to the development of sport as to outweigh the detriment caused by the loss, or prejudice to the use, of the area of playing field.' 9.13 The AGP will be located on the playing field on the site of a current natural turf rugby league pitch and immediately adjacent to the current natural turf stadia rugby league pitch. The proposal intends to be predominantly for rugby league but with an offer for 11v11, 9v9 and 7v7 football. The supporting statement states the proposal is to be implemented by Warrington BC in partnership with the Warrington Wolves Foundation and a bid has been submitted to the Rugby Football League for the Rugby League World Cup 2012 Legacy Fund.

9.14 Whilst Sport England does not wish to discourage new sport facilities, where they result in the loss of grass playing field, it is essential that there are sufficient benefits to the development of sport as to outweigh the detriment caused by the loss of the playing field. The reason for this approach is because a grassed playing field can be used for a number of sporting purposes whilst a 3G artificial pitch is a fixed structure, with fixed dimensions which is only suitable for a limited number of

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sports. It therefore cannot be moved or resized to cater for any changes in sport requirements that may be required.

9.15 In seeking to balance the potential loss of playing field against the provision of a new indoor or outdoor sports facility, Sport England have therefore assessed the existing and proposed playing fields against the above policy to determine whether the proposals meet Exception 5.

9.16 It is noted that the applicant has submitted a supporting statement to accompany the application, which sets out that the proposal aims to enhance facilities for club players, young aspiring and senior sports people, to be enjoyed by the local community visiting Victoria Park. The AGP will replace one grass rugby pitch, however, its location has been carefully considered in the context of understanding the impact the proposed development would have on other pitch provision on site. The application site location has therefore been located close to existing facilities to enable convenient access to and from the changing rooms etc. There is already community use available on the site, however the aim of the proposal is to provide additional benefits to local communities to gain maximum sport development opportunities. The site will be available during the day and evenings via pre- arranged and structured community access. Warrington has limited access to AGPs particularly for RFL and therefore this proposal will meet some of the demand in the area. The proposal has been accompanied by a number of technical documents which set out the design of the AGP in detail. In addition, the AGP allows for the adequate storage of goals and maintenance equipment which will help with existing deficiencies on site. However, a design specification specifically showing the cross sections of the sub layers with material to scale appears to be missing. It is noted that the layout design of the AGP accords with the Rugby League technical design recommendations for AGPs and scaled drawings of the cross sections and materials would ensure the AGP is fully compliant.

9.17 Both the applicant, via the submitted planning statement, and in consultation with the Rugby Football League (RFL), confirm the AGP will meet a strategic need and provide sporting benefits that outweigh the loss of the playing field.

9.18 The application site is important to the growth of sport in the local area and the AGP will be sited close to existing onsite facilities at Victoria Park providing convenient access to and from changing rooms offering changing accommodation and administration facilities.

9.19 The AGP will be managed and operated as an additional amenity to current sports facilities onsite to provide sporting benefits to local community groups and community sports clubs from Warrington, to gain the maximum sport developmental outcomes; both during the day and during evenings and at weekends via pre-arranged and structured community access.

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9.20 The proposed AGP will accord with Sport England’s and Rugby Football League technical design recommendations. As part of the assessment of this application under the terms of a memorandum of understanding that Sport England has with the National Governing Bodies for Sport, Sport England has sought the views of the Rugby Football League (RFL) and the Football Foundation (FF). The comments from both the RFL and FF have been summarised below for information.

9.21 Rugby Football League- The RFL support the proposed facility as it will increase the capacity of activity available for the local community clubs. The AGP will be RFL, FA and RFU compliant for training and match play. Victoria Park work very closely with the RFL and Rugby League partners to provide opportunities for multiple sports.

9.22 Football Foundation- Whilst in agreement with the principal of the proposal, the FF would seek clarity that the natural turf football pitches located to the north of the proposed AGP are at least 3m away to ensure a suitable run-off.

9.23 Given the Football Foundation have raised a query regarding the impact on the natural turf football pitches to the north of the proposed AGP, a condition is required to ensure that a 3 metre suitable run-off is maintained. A condition to deal with this issue is set out at the foot of this report. Overall Sports England have no objection to the proposal.

Floodlighting

9.24 The proposed height of the new floodlight system is 15.00m and 16.00m above ground comprising eight (8no.) masts mounted with sixteen LED luminaires with a 2no. / 2no. / 2no. / 2no. arrangement along Western and Eastern longitudinal sides of the AGP. The proposed height of new amenity lamp posts is 6.00m above ground comprising two (2no.) masts mounted with LED luminaires along hard standing access.

9.25 The applicant has stated the floodlighting has been sensitivity designed with overspill largely contained within the football ground and consequently; light trespass, light intrusion into windows and intensity (glare) comply with an Environmental Zone E2 (ILP) which is a rural surrounding with low district brightness, for example a village or relatively dark outer suburban location; as recommended within The Institution of Lighting Professionals: Guidance Notes for The Reduction of Obtrusive Light GN01:2011. They further state that modern floodlights create very little light leakage outside of the sports facility, with backward light and overspill diminishing within a short distance around the AGP boundaries to restrict horizontal and vertical overspill. The proposal includes a finish at 22:00 hours and 22:15 hours where the floodlights are extinguished.

9.26 The proposed AGP with its associated floodlighting is located in the middle of the main sports complex well away from neighbouring buildings. Therefore, no

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objection is raised by Environmental Health in respect of the proposed floodlighting.

9.27 GMEU has raised the issue of the proposed floodlighting and its impact on bat foraging and commuting. However, they have concluded that the risk is very low as the site comprises a very low risk habitat (amenity grassland), with the nearest high risk habitat the River Mersey 70m to the north, which is screened by trees from the proposed lighting. Additional trees would be planted within this screen to support ecology within the area and this would be secured by condition.

9.28 Overall the proposed floodlighting is therefore considered acceptable and accords with Policy QE6 of the Councils Core Strategy. A condition requiring the floodlights to be extinguished by 2215 hours is considered to be relevant to prevent nearby residents being disturbed at a late hour.

Highway matters 9.29 It is accepted there will be increased traffic movements because of the AGP, but the applicant considers there will be enough car parking provision onsite which will be available, and the Council will implement a travel plan / parking management plan to direct all visitors travelling by car to use onsite parking areas. These measures will ensure that parking demands are satisfied onsite and do not result in overspill onto the adjacent highway (Knutsford Road) when the AGP is used by local organisations and community sports clubs.

9.30 The Council Highways department consider that although the improved facilities may lead to an overall increase in movement to the site it is considered that the existing access and parking facilities are appropriate and there will be no material impact on the existing highway situation.

Impact on neighbouring residential amenity 9.31 The site is situated in the centre of the park. Therefore, there are no residential neighbours close to the subject area, with the closest residential properties located approximately 170m to the North (beyond the River Mersey) along Howley Lane and approximately 187m to the East along Stringer Crescent. Given the significant separation distances it is considered that residential neighbours will not be adversely affected by this proposal. Furthermore, due to intervening mature vegetation, direct views of the AGP from surrounding land and public areas will be mostly obscured. The proposal is not considered to be harmful to the living conditions of the neighbouring residents and therefore accords with Policy QE6 of the Councils Core Strategy.

Flood Issues 9.32 The site is located within Flood Zone 3B ‘The Functional Floodplain’. The definition of land within Zone 3B is land where water has to flow or be stored in times of flood. The Planning Practice Guidance to the National Planning Policy Framework, states that amenity open space, nature conservation and biodiversity, outdoor sports and recreation and essential facilities such as changing rooms are

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classified as Water Compatible Development. Therefore, according to the guidance no exception test is required. Furthermore, as the site is located within a Flood Zone 3B a sequential test is required. However, as the site is used (and historically designated) as a playing field (grass rugby league pitch) the development can be deemed to have passed the sequential test.

9.33 The applicant has stated the AGP proposal is appropriately flood resilient and resistant, with residual risks that can be safely managed. It will ensure flood risk is not increased elsewhere and includes a sustainable drainage system. In addition, the proposed surface water drainage scheme associated with the AGP is in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards. The Environment Agency raise no objections on this basis and therefore the proposal complies with Policy QE4 of the Council’s Core Strategy.

10. CONCLUSIONS AND RECOMMENDATIONS

10.1 The proposed AGP and its ancillary structures meets the provisions of the Framework and the Councils Policies. The proposal also complies with Sport England’s policies. The proposal would also not be harmful to highway safety and the living conditions of neighbouring residents located on the perimeter of the park. Furthermore, the proposed development, including floodlighting would not have a harmful impact on the ecology or the character of the area.

10.2 On this basis the recommendation is to approve subject to the following conditions.

11. SCHEDULE OF CONDITIONS

1. The development hereby permitted shall begin no later than three years from the date of this decision.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2. The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan 19-Victoria Park 01, Site Plan 19- Victoria Park 02, Proposed Plan 19-Victoria Park 04, Development Layout 19- Victoria Park 05, Proposed Surface Water Drainage 19-Victoria Park 06, Proposed Floodlights 19-Victoria Park 07, Proposed Elevations A 19-Victoria Park 08, Proposed Elevations B 19-Victoria Park 09 & Proposed Playing Pitch Arrangement 19-Victoria Park 10,

Reason: For the avoidance of doubt and in the interests of proper planning.

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3. No development shall commence until a surface water drainage scheme has been submitted to and approved in writing by the Local Planning Authority. The drainage scheme must include:

(i) An investigation of the hierarchy of drainage options in the National Planning Practice Guidance (or any subsequent amendment thereof). This investigation shall include evidence of an assessment of ground conditions and the potential for infiltration of surface water; (ii) A restricted rate of discharge of surface water agreed with the local planning authority (if it is agreed that infiltration is discounted by the investigations); and (iii) A timetable for its implementation.

The approved scheme shall also be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards. The development hereby permitted shall be carried out only in accordance with the approved drainage scheme.

Reason: To promote sustainable development, secure proper drainage and to managethe risk of flooding and pollution.

4. The foul and surface water shall be drained on separate systems.

Reason: To secure proper drainage and to manage the risk of flooding and pollution.

5. The development shall not be brought into use until the areas indicated on the submitted plans to be set aside for cycle parking have been provided in accordance with the details and specifications shown. The cycle parking shall be retained as such thereafter.

Reason: To ensure that adequate provision is made for parking cycles on the site; and to establish measures to encourage non-car modes of transport.

6. Prior to the commencement of any works on site, the developer shall provide in writing a Construction, Highways & Environmental Management Plan (CHEMP) to the LPA for written approval. The CHEMP shall review all demolition and construction operations proposed on site including logistics. It shall cover as a minimum the following areas of work on a phase by phase basis, identifying appropriate mitigation measures as necessary:

A. Highway and Traffic Construction traffic routes, including provision for access to the site. Entrance/exit from the site for visitors/contractors/deliveries. Temporary roads/areas of hard standing. Schedule for large vehicles delivering/exporting materials to and from site and details of manoeuvring arrangements. For the avoidance of doubt all construction vehicles shall load/unload within the confines of the site and

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not on the highway. Details of street sweeping/street cleansing/wheel wash facilities.

B Site layout and Storage Proposed locations of Site Compound Areas. Siting of temporary containers. Location of directional signage within the site. Parking for contractors, site operatives and visitors. Identification of working space and extent of areas to be temporarily enclosed and secured during each phase of demolition/construction. Storage of materials and large/heavy vehicles/machinery on site.

C Environmental Controls Proposed Construction Hours, proposed delivery hours to site, phasing of works including start/finish dates. Details of activity on site outside the stated construction hours, e.g. workers / security on site, movement, setting up or dismantling of equipment, lighting, installation of services, etc. Environmental mitigation measures, including noise & vibration, dust and air quality measures mitigation measures including consideration of using low emission non-road mobile machinery. Details for the recycling/storage/disposal of waste resulting from the site. Consideration for joining a Considerate Contractors Scheme.

Once approved in writing, all identified measures within the CHEMP shall be implemented in accordance with the requirements therein and shall be reviewed on a regular basis and in case of receipt of any justified complaint. The CHEMP and agreed requirements therein shall remain in force for the duration of all construction activities on site. Any changes to the identified CHEMP mitigation measures from either the regular review process or following receipt of a complaint shall be forwarded to the Local Planning Authority within 24hrs of a change being agreed or implemented.

The development shall be carried out in accordance with the approved plan, unless otherwise agreed in writing with the Council as Local Planning Authority.

Reason: To ensure that adequate on-site provision is made for construction traffic, including allowance for the safe circulation, manoeuvring, loading and unloading of vehicles, as well as parking, and to reduce impact on residential amenity and the general amenity of surrounding occupiers.

7. No development shall commence until details of the Artificial Grass Pitch, specifically showing the cross sections of the sublayers with materials, have been submitted to and approved in writing by the Local Planning Authority after consultation with Sport England. The Victoria Park Artificial Grass Pitch shall not be constructed other than in accordance with the approved details.

Reason: To ensure the development is fit for purpose and sustainable and to accord with Policy IW1 of the Warrington Core Strategy and paragraph 97(c) of the NPPF.

8. No development shall commence until scale drawings showing the natural turf football pitches located to the north of the proposed Artificial Grass Pitch are at

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least 3 metres away to ensure a suitable run-off is maintained, have been submitted to and approved in writing by the Local Planning Authority after consultation with Sport England. The approved details shall be fully implemented.

Reason: To ensure the development is fit for purpose and sustainable and to accord with Policy IW1 of the Warrington Core Strategy and paragraph 97(c) of the NPPF

9. The floodlighting serving the proposed Artificial Grass Pitch shall not be illuminated after 2215 hours on any day.

Reason: In the interests of protecting the living conditions of nearby residential residents in accordance with Policy QE6 of the Council’s Core Strategy.

10. Prior to commencement of development, a scheme for supplementary tree planting within the existing screen of trees along the River Mersey site shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include planting plans, written specifications (including cultivation and other operations associated with tree, shrub, hedge or grass establishment), schedules of plants noting species, plant sizes, the proposed numbers and densities and a maintenance and implementation programme. a) The approved landscaping scheme shall be fully implemented within the first planting season following completion of the development. b) All trees, shrubs and hedge plants supplied shall comply with the requirements of British Standard 3936, Specification -for Nursery Stock. All pre-planting site preparation, planting and post-planting maintenance works shall be carried out in accordance with the requirements of British Standard 4428(1989) Code of Practice for General Landscape Operations (excluding hard surfaces). c) All new tree plantings shall be positioned in accordance with the requirements of Table A.1 of BS5837:2012 Trees in Relation to Design, Demolition and Construction(Recommendations) d) Any trees, shrubs or hedges planted in accordance with this condition which is removed, die, become severely damaged or become seriously diseased within five years of planting shall be replaced within the next planting season by trees, shrubs or hedging plants of similar size and species to those originally required to be planted.

Reason: To ensure appropriate landscaping of the site.

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1. PLAN EXTRACTS

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DEVELOPMENT MANAGEMENT COMMITTEE DATE 12th February 2020 ITEM 6

Application Number: 2019/36175

Description of Development: Full Planning – Proposed telecommunications upgrade. Proposed phase 7 monopole complete with complete with wrap around base cabinet and associated works. Location Address: Dewhurst Road, Birchwood, WA3 7QS Applicant: MBNL Ward: Birchwood Site Allocation: None Number of representations Public - None received: Town Council - One Reason for Referral: Council owned Land

Statutory expiry date: 7th February 2020

Recommendation: Approved subject to conditions

Case Officer: Angela Forsyth [email protected]

SUMMARY OF KEY REASONS FOR RECOMMENDATION • The principle of a telecoms mast in this location is considered acceptable. • Environmental conditions are assured.

OFFICER’S REPORT TO PLANNING COMMITTEE 1. APPLICATION SITE AND SURROUNDINGS

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1.1 The application site is part of the public highway sitting opposite bus stops / turnaround associated with the Birchwood Shopping Centre. The public highway backs onto a grassed / treed verge and a number of 2 and 3 storey high office buildings / car parks to the rear.

2. DESCRIPTION OF PROPOSAL

2.1 The application proposes a 5G monopole mast, 20m in height by 500mm in diameter with 4 additional equipment cabinets. The proposal would be a replacement for the current monopole mast which is 14.7m high by 300mm diameter and also has 4 associated cabinets. The applicant states that the upgrade is necessary to ‘significantly improve connectivity’ and enhance coverage for EE, ESN & H3G.

The location of the new equipment would be approximately 80m to the south of the existing mast. 2.2 The agent has confirmed that it will take approximately 1 month to have the new mast integrated and to remove the old one.

3. AMENDED PLANS

3.1 Amendments not required

4. LOCAL REPRESENTATIONS

Ward Councillors 4.1 Ward Councillors were notified. No responses were received. Birchwood Town Council 4.2 The lifting equipment for the monopole will be stationed on Dewhurst Road and may block the bus service and impede visibility for pedestrians / other road users.

4.3 Dewhurst Road is a main arterial route through Birchwood, could the lifting equipment be deployed early on a Sunday morning in order to keep any potential disruption to a bare minimum for the community and local businesses.

General Public 4.4 The applications was publicised by 19 neighbour notification letters. As a result no objections have been received from residents.

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5. CONSULTEES

5.1 WBC Transport Planning and Development Control - no objection subject to an informative advising the applicant to contact the Council’s Highway Maintenance team before carrying out work in the highway.

5.2 WBC Families and Wellbeing Directorate – Public Protection – No objection.

6. RELEVANT SITE HISTORY

Planning Description of Decision Date of Decision Reference Development 2006/07497 Proposed 15m Approved 16 March 2006 monopole mast with 3 antenna & ancillary equipment. 2014/24525 Deemed Permission not 17 October 2014 application for required 14.7m street works tower & assoc. works.

7. PLANNING POLICY

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Relevant Policies in the Local Plan Core Strategy (2014) 7.4 QE6 - Environment and Amenity Protection MP2 - Telecommunications

8. EQUALITIES ACT (2010)

9. ASSESSMENT

9.1 The key issues of this particular application relate to: • The principle of the development; • Highways matters • Design / Impact on Character & Appearance • Public Protection

The Principle of the Development 9.2 Policy MP2 Telecommunications states that the Council will support applications for proposals for commercially operated or public service telecommunications equipment provided that they comply with the relevant health and safety guidelines and satisfy a number of criteria, including the possibility of sharing existing facilities in the locality; there is no significant harm to the character of the area, the street scene, or local highway network.

9.3 NPPF states that advanced, high quality and reliable communications infrastructure is essential for economic growth and social well-being. The number of radio and electronic communications masts should be kept to a minimum consistent with the needs of consumers and the efficient operation of the network.

9.4 Impact on local character will be dealt with in a separate section. There are no schools within 250m of the proposed mast. The telecoms mast will be shared between both EE and Hutchinson 3G UK service providers. The mast and associated facilities are an upgraded replacement for an existing adjacent facility.

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9.5 The principle of this location is considered to comply with Policy MP2 and the NPPF in that the facility is shared, is an upgrade to an existing facility, there is no harm to the highway network and impact on local character is considered to be acceptable. Highways matters 9.6 The application is for the installation of telecommunication apparatus to replace existing equipment located at the back of the western footway of Dewhurst Road as part of an upgrade programme.

9.7 The position of the apparatus does not affect any required visibility splays nor does it impact on movement along the highway.

9.8 The installation of any street furniture will require the approval of the Council as Highway Authority under a S50 licence as the installation is within the adopted highway and an informative note to this effect should be included with any approval notice. Highways would also be in a position to ensure that works undertaken within the highway are carried out at an appropriate time to ensure minimal disruption to the highway network.

Design / Impact on Character & Appearance 9.9 As discussed above, this is a replacement facility and as such, the principle of this location in this area is acceptable. The current monopole, 14.7m high by 300mm diameter plus 4 cabinets are being replaced with a 20m monopole by 500mm in diameter; plus 4 larger equipment cabinets. The location of the new equipment would be approximately 80m to the south of the existing mast.

9.10 The backdrop for the mast is leafy and spacious with a tended open large grassed strip heavily planted with trees. This immediate area supports a number of tall features including street lamps 8 – 10m in height plus a number of taller trees (approximately 10-15m) located within a grassed verge; and beyond that 2 and 3 storey office blocks / car parking.

9.11 At 20m in height, the mast will be noticeable above this existing street paraphernalia but as it will sit within a cluster of trees and office blocks with no nearby residential uses, it is unlikely to be a prominent incongruous feature on the street scene to a degree that would be unduly harmful.

9.12 The cabinets, are likely to be much more prominent on the street scene in that the existing cabinets are significantly smaller both in height and width, up to maximum of 1.3m x 1.3m; whereas the new cabinets would be up 1.8m high by 2.6m wide. The number of cabinets are necessary due to sharing of the mast by a number of different providers.

9.13 The prominence of these cabinets is not ideal but are not uncommon within the street scene. They are necessary to facilitate service provision and in the context of location, they are better suited to this mixed commercial / office environment that a more characterful residential setting.

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9.14 The existing cabinets are all pale grey in colour, however the use of a more appropriate colour cabinet, for example green, would reduce the prominence of the new cabinets on the street scene, ensuring that they blend better into the background. This can be secured by means of condition.

9.15 The mast and cabinets are necessary to upgrade a shared facility and the cabinets would be finished in an appropriate colour; set against an established and tall landscaped background. On that basis, it is considered that there is no significant harm to the character of the area, nor the street scene, the proposed mast and associated equipment are considered to comply with policy MP2.

Environmental Protection 9.16 The applicant has submitted the appropriate ICNIRP certificate and on that basis, no objection is raised by the Environmental Protection officer.

10. CONCLUSIONS AND RECOMMENDATIONS

10.1 On balance, subject to conditioning the colour, the prominence of the proposed mast and cabinets are considered to be acceptable in this location and as such, the proposal complies with the NPPF and policy MP2 of the Warrington Local Core Strategy (2014).

11. SCHEDULE OF CONDITIONS

1. The development hereby approved shall be commenced before the expiration of three years from the date of this permission.

(a) The planning application forms, design and access statement and additional information received by Warrington Borough Council on 25/11/2019, 08/01/2020 & 10/01/2020. (b) Submitted plan reference 1006567_WAR012_66920_WA0235_M001 Rev A; drawing Nos 002, 003, 005,215 and 265 received on 27/11/2019.

Reason: for the avoidance of doubt and to enable Warrington Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with Policy QE7 of the Warrington Core Strategy. 3. The associated cabinets hereby permitted shall be finished in green to match the surrounding landscaping; unless as otherwise agreed in writing with the Local Planning Authority. Development shall be completed in accordance with the agreed details.

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Reason: To ensure that the development will be of a satisfactory appearance and to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction

12. PLAN EXTRACTS

Existing (blue) and proposed (red) location of the telecoms masts

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Layout of the proposed masts and cabinets

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Elevation of existing mast and cabinets

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Elevation of proposed mast and cabinets

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Existing telecoms mast

Proposed location for telecoms mast; existing telecoms just to the right of the photograph

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DEVELOPMENT MANAGEMENT COMMITTEE DATE 12th February 2020

ITEM 7

Application Number: 2019/36218

Description of Development: Application for Listed Building Consent - Proposed exploratory ground work to investigate and determine the nature of the soil and foundation construction at the East and West Annexes.

Location Address: Town Hall, Sankey Street, Bewsey and Whitecross, Warrington Applicant: Darren Davies on behalf of Warrington Borough Council Ward: Bewsey and Whitecross Site Allocation: Unallocated Number of representations 0 received: Reason for Referral: The application site is owned by the Council. Statutory expiry date: 30/01/2020

Recommendation: Approve subject to conditions Case Officer: C Carruthers [email protected]

SUMMARY OF KEY REASONS FOR RECOMMENDATION • The development would ensure the retention of buildings and features of historic character and interest within the site and would not have a detrimental impact upon the significance of the heritage assets.

OFFICER’S REPORT TO PLANNING COMMITTEE 1. APPLICATION SITE AND SURROUNDINGS

1.1 The Town Hall complex is sited on the edge of the town centre, and includes the West and East Annexes. They are all Grade I Listed Buildings. The complex is sited in the Town Hall Conservation Area. The full listing description is included as an appendix to this report.

2. DESCRIPTION OF PROPOSAL

2.1 It is proposed to carry out investigatory works for the purpose of establishing and assessing the cause of cracking and distortion to the gable end wall of the Drill Hall, which faces the public car park, and the cracking of the brickwork; damage to the stone cill; failure of a flat arch and distortion of the window openings to the bay window on the West Annexe. A visual inspection

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of the property has already been carried out however, further investigatory works are required to establish whether there has been any differential settlement as a result of a variation in the supporting subsoil conditions beneath the wall foundation.

2.2 It is proposed to carry out exploratory ground work to investigate and determine the nature of the construction and depth of the existing soil and foundation. This will require both trial pit and borehole investigation in areas adjacent to the walls that are exhibiting defects. The trial holes will be hand dug to maximum dimensions of 1 metre in length and one metre in width and to foundation depth. The hand augered boreholes will be up to a depth of 2 metres from the existing ground level and will be located within the hand dug trial pits.

3. LOCAL REPRESENTATIONS

Ward Councillors No comments have been received.

General Public The application was publicised by 15 neighbour notification letters; a site notice and press notice. As a result no representations have been received.

4. CONSULTEES Historic England - do not wish to make comment

Warrington Civic Society- no comments received

National Amenity Societies - no comments received

Archaeology Planning Advisory Service - The proposed test pits have been reviewed in order to assess their impact on any potential below ground remains, given their proximity to the Grade I listed building on the western side of the Town Hall and the building on the east. The test pits to the eastern side are in an area which on the 1851 town plan show buildings present. The test pits on the western side show no potential impacts on structural remains but may have impact on any buried garden features. To this extent, it is advised that although there is very limited potential for the test pits to disturb the features seen on the 1851 Warrington Town Plan, any remnants of the 1851 structures or garden features are likely to have been removed during successive building projects and expansions of the Town Hall, and as such there are no archaeological observations required for these test pits.

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5. RELEVANT SITE HISTORY

5.1 The Town Hall complex has been the subject of a significant number of previous planning and/or listed building consent applications but there are no applications that have direct relevance to the current application.

6. PLANNING POLICY

6.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires the Committee to make its determination in accordance with the Development Plan unless material planning considerations support a different decision being taken. Whilst third party representations are regarded as material planning considerations (assuming that they raise town planning matters) the primary consideration, irrespective of the source or number of third party representations received, remains the extent to which planning proposals comply with the Development Plan. The National Planning Policy Framework (NPPF) supports this legislative position and its contents are a material consideration in determining the application.

6.2 As stated above, the NPPF re-iterates that planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan, in the case of Warrington, refers to the Local Plan Core Strategy (2014).

6.3 When making a decision on all listed building consent applications or any decision on a planning application for development that affects a listed building or its setting, a local planning authority must have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Preservation in this context means not harming the interest in the building, as opposed to keeping it utterly unchanged.

6.4 This obligation, found in sections 16 and 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, applies to all decisions concerning listed buildings. Decision-making policies in the NPPF and in the local development plan are also to be applied, but they cannot directly conflict with or avoid the obligatory consideration in these statutory provisions.

National Planning Policy Framework 2019 (NPPF)

6.5 The National Planning Policy Framework (2019) (NPPF) confirms that decisions should apply a presumption in favour of sustainable development. Paragraph 7 of the document states that the objective of sustainable development can be summarised as meeting the needs of the present without compromising the ability of future generations to meet their own needs. This is balanced by Paragraph 9 which states that plans and decisions need to take local circumstances into account, so that they reflect the character, needs and opportunities of each area.

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6.6 Where there are other specific, relevant, material issues raised in the NPPF these will be discussed within the Assessment below.

6.7 The NPPF sets out in paragraph 189 sets out that local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting.

6.8 Paragraph 190 states that local planning authorities should identify and assess the particular significance of any heritage asset that may be affected by a proposal and this into account when considering the impact of a proposal on a heritage asset, to avoid or minimise any conflict between the heritage asset’s conservation and any aspect of the proposal.

6.9 Paragraph 193 sets out that great weight should be given to the asset’s conservation and paragraph 194 states that any harm to, or loss of, the significance of a designated heritage asset (from its alteration or destruction, or from development within its setting), should require clear and convincing justification.

6.10 Paragraph 196 of the framework states that where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.

6.11 Significance is defined in the NPPF- 2019 as “The value of a heritage asset to this and future generations because of its heritage interest. The interest may be archaeological, architectural, artistic or historic. Significance derives not only from a heritage asset’s physical presence, but also from its setting.”

Relevant Policies in the Local Plan Core Strategy (2014) Policy QE8 – Historic Environment

6.11 The Council has prepared a number of Supplementary Planning Documents to guide development in the Borough, the document relevant to this proposal is: • Town Hall Conservation Area Appraisal [Dated February 2007].

7. EQUALITIES ACT (2010)

7.1 In determining this application, the Local Planning Authority has considered the requirements under S149 of the Equalities Act 2010. It is considered that the application has no differential impacts.

8. ASSESSMENT The key issue of this particular application relates to heritage.

Heritage Matters

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8.1 Local Plan Core Strategy Policy QE8 confirms that the Council seeks to recognise the significance of heritage assets by identifying their positive influence on the character of the environment and an area’s sense of place; their ability to contribute to economic activity and act as a catalyst for regeneration. The policy also seeks to ensure that the fabric and setting of heritage assets are appropriately protected and enhanced in accordance with the principles set out in National Planning Policy.

8.2 Warrington Town Hall, its associated outbuildings, walls, gates and piers are Grade I listed buildings, marking it among the top 2.5% of all listed buildings in England. The building is of considerable historic, communal and aesthetic value. In the local area, the building is among Warrington’s most important buildings, and set within the positive context of its historic grounds, the conservation area and other listed buildings.

8.3 In accordance with the NPPF, the need to conserve the above assets is recognised and this is best achieved via the timely maintenance and repair of those assets. It is evident that some structures within the Town Hall complex are exhibiting defects and in an effort to establish the cause of those defects an initial visual structural inspection of the East Annexe (Drill Hall) gable wall and the West Annexe bay window was undertaken. The survey was limited to visible surface defects and did not include any invasive survey work. Externally the survey revealed cracking in the masonry to the right of the garage door and some bulging to the corner of the building. Further cracking, brickwork displacement and distortion was also evident on the gable end adjacent to the public car park. Internally, similar damage to the masonry was evident.

8.4 The surface defects outlined above are considered to be indicative of slight settlement of the gable wall towards the corner of the building. There has been lateral movement of the Drill Hall gable wall (adjacent to the public car park) and this may be the result of buckling due to differential settlement rather than any stability issues associated with the original construction. It is therefore necessary to carry out more invasive investigatory works to determine whether this is the case. To undertake this it is proposed to dig trial pits and boreholes in order to investigate the sub soil conditions beneath the supporting wall foundation.

8.5 It should be noted that this gable wall to the East Annexe (Drill Hall) is not considered to be unstable however repairs to the cracks are recommended in order to restore the structural integrity of the wall. It is proposed to excavate 3 trial holes along this gable wall in order to determine the foundation detail and the nature and the condition of the supporting sub-soil.

8.6 A visual inspection of the West Annexe has also found fractures within the masonry walls, which has resulted in the horizontal displacement of the masonry including detached brickwork voussoirs which form the flat arch detail above the windows [see below], and damaged stone cills. Internally, there is evidence of localised ceiling plaster collapse and cracking. Distortion is evident in the form of sloping floors and distorted window openings which

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makes it difficult for the windows to function properly. It is evident from the initial visual survey of the West Annexe that damage to the fabric of the building has occurred and that some attempts at repair have been undertaken in the past (circa 1959 and 1973) however, movement of the building has continued. The cause of movement is not currently known and could be due to a number of factors including; • Historic Settlement due to foundations being constructed on filled ground adjacent to the nearby basement construction; • Subsidence due to clay shrinkage as a result of proximity to a nearby tree; • Subsidence due to leakage from the underground drains.

8.7 As with the East Annexe, it is recommended that further investigative work is carried out, including 3 hand dug trial pits and augered boreholes to determine the foundation detail and condition of the supporting sub-soil. In addition, some localised sub-surface cctv drainage and ground penetrating radar surveys have been carried out.

8.8 The drainage survey information arising from the proposed investigatory works, as outlined above, will be used along with the information collected from the trial pits, to determine the causes of the defects to the building. Information obtained as a result of the investigatory works will be evaluated by the Structural Engineer and any remedial action that may be required will form the basis of a separate Listed Building application.

8.9 The proposed works are considered to be the minimum necessary to establish the cause of the defects to the two buildings. The following images depict examples of the issues identified with the building.

West Annexe – Slipped Flat Arch

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West Annexe – Broken Cill

8.10 The proposal would accord with sections 66 and 72 of the Planning [Listed Building and Conservation Areas] Act 1990. The proposal would also accord with the NPPF and Policy QE8 of the Local Plan Core Strategy, in that the proposed works, subject to their implementation in accordance with the Structural Engineers Report, which is a condition of approval, would inform the need for any future works of remediation to prevent further damage to the buildings and ultimately to allow for the sustainable repair of the current defects. In accordance with para 196 of the NPPF, the proposed works will lead to less than substantial harm to the significance of this designated heritage asset. Any limited harm arising from the investigatory works would be outweighed by securing the assets optimum viable use as part of the Town Hall complex and protecting them from further damage and loss of historic fabric. It is considered that the proposal would ensure that the fabric of the Listed Buildings are appropriately protected and would sustain the boroughs built heritage by preserving the buildings and the features of special architectural or historic interest which they possess. There would be no conflict between the heritage asset’s conservation and any aspect of the proposal. The proposal would have no impact on the Conservation Area.

9.2 Statutory Instrument 2015 No 809 amends regulation 13[2] of the LBCA Regulations 1990. It is now only necessary to refer a local authority’s own application for listed building consent to the Secretary of State were an objection has been received from Historic England and /or one of the National Amenity Societies, and were the LPA are minded to approve the application.

9.3 In this instance, no objection has been received from Historic England nor any of the National Amenity Societies, so the application does not need to be referred to the Secretary of State for a decision.

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9 CONCLUSIONS AND RECOMMENDATIONS

9.1 For the reasons set out above, it is considered that the proposal would result in less than substantial harm to the grade 1 listed building and would have no material impact on the conservation area. It is recommended that the application is granted subject to conditions.

10 SCHEDULE OF CONDITIONS

1. The works hereby given consent shall be begun not later than the expiration of 3 years from the date of this permission

Reason: To comply with the provisions of section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990

2. The development shall be carried out in accordance with the following documents:

(a) The planning application forms, design and access statement and additional information received by Warrington Borough Council on6/12/2019. (b) Submitted drawing No's:

18-7873-WBC-Engineers Report-Warrington Town Hall West Annexe. 18-7873-SK1-Site Investigation Works 17-7507-SK1-Site Investigation Works 17-7507- SKI - Proposed Trial Holes – East Annexe 17-7873-SKI- Proposed Trial Holes –West Annexe received on 6/12/2019

Reason: for the avoidance of doubt and to enable Warrington Borough Council to adequately control the development and to minimise its impact on the Grade i Heritage Assets and to conform with Policy QE8 of the Warrington Core Strategy. 3. The proposed investigatory works shall be carried out in accordance with the methodology contained within the supporting documentation, including the Heritage Statement which specifies the size and depths of trial pits and boreholes; their location and method of digging.

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11 PLAN EXTRACTS

12 APPENDIX

Listing Description;

“Built 1750 by Gibbs, formerly Bank Hall, seat of Patten family. Pevsner opinion "finest house of its date in South Lancashire". Palladian, 3 storeys, rusticated stone facing to red brick, hipped slate roof, brick parapet, stone modillioned cornice. Main front has slight central projection with 4 3/4 Corinthian columns frieze and pediment with coat of arms. 9 sash windows with glazing bars, in moulded architraves, 1st floor having alternate segmental and pointed pediment except 3 centre ones between columns, which are arched. Centre 1st floor double doors up flight of stone steps with iron railings and 4 lamps. Curved flanking walls run from main house to entrances to side courts. Contemporary R W Hs and pipes. Garden front similar but no columns. Interior has 2 stone staircases with iron balustrades and plasterwork.

Detached service block at each side, long rectangular plan, similar but not identical in detail; 2 storeys, with 3-storeyed centre finished with a pediment, centre rusticated stone, side wings brick, whole of 13 bays. East and west drives in front have 5 iron standard lamps with round lanterns. Entrance gateway in front has 4 square hollow iron piers of patterned tracery, 6 iron gates of elaborate ornament, all about 20ft high, with 4 angels on tops of

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piers, and a round arch over the centre supporting the coat of arms; this entrance was exhibited at London Exhibition of 1862.

Nos 76 to 86 (even) Borough Treasurer's Office and Bank House Town Hall with Eastern and Western outbuildings Entrance gates, piers and lamps, lamps on east and west drives form a group with Nos 75, l0lA, l0lB”.

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DEVELOPMENT MANAGEMENT COMMITTEE DATE 12th February 2020 ITEM XXX

Application Number: 2019/36253

Description of Development: Proposed replacement of decayed fascia and plywood deck to flat roof. Replace failed roof felt and damage PVCu gutters Location Address: Shelter at Warrington Cemetery, Manchester Road, Warrington WA1 3BG Applicant: Warrington Borough Council Ward: Fairfield & Howley Site Allocation: Unallocated Number of representations None received: Reason for Referral: WBC owned land

Statutory expiry date: 14th February 2020

Recommendation: Approved subject to conditions relating to materials

Case Officer: Pauline Shearer [email protected]

SUMMARY OF KEY REASONS FOR RECOMMENDATION • The principle of the proposal is considered acceptable. • The development would retain buildings and features of historic character and interest within the site. • No adverse impact on highway safety. • No adverse impact on residential amenity.

OFFICER’S REPORT TO PLANNING COMMITTEE 1. APPLICATION SITE AND SURROUNDINGS

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1.1 The site is part of a much larger Manchester Road Cemetery site. The cemetery is over 14 ha and whilst there is a mix of uses opposite the site, the wider area is predominantly residential. The application relates to a small part of the site which faces directly onto Manchester Road. The application relates to a canopy which is a small element of the overall collection of buildings at the northern perimeter of the site, which comprise the gateway into the cemetery. The building to which the canopy is attached is currently used as a staff workshop, store, and public WC.

1.2 The Shelter and WC are a Locally Listed Historic Asset in the Warrington Local Plan Core Strategy.

2. DESCRIPTION OF PROPOSAL

2.1 The proposal seeks planning permission for alterations to repair and replace elements of the canopy structure. The canopy measures approximately 4.1sqm in area (4.1m in length and 1m in depth) and is 3.3m above the footway of Manchester Road. 2.2 The proposed works are summarised as follows:- • Remove existing felt roof covering and decayed plywood deck.

• Remove decayed softwood soffit boards and softwood fascias. Remove damaged PVCu square line gutters to canopy only.

• Replace the existing flat roof deck with marine grade plywood to match the existing profile.

• Replace all softwood soffit boards and softwood fascias, to match existing profile.

• Decoration of new softwood timber components to match existing colour scheme and in strict accordance with Warrington Borough Council Building Services Painting Trade Preambles.

• Apply new covering to roofing system.

• Replace the PVCu square line gutters around the canopy and connect them to the existing building gutters.

2.3 These measures will ensure that the canopy is improved visually and given its proximity to the footway beneath, will prevent further deterioration and potential adverse impact on pedestrians using the Manchester Road footway.

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3. AMENDED PLANS

3.1 The Council’s Conservation Officer has suggested the preferred materials to be used for the development. It is therefore considered appropriate to attach a planning condition for all materials to be agreed prior to the commencement of development on site on the further advice of the Conservation Officer. 3.2 The applicant submitted amended drawings which omit reference to materials.

3.3 Consideration has been given to the necessity to re-consult on the amended plans received. In this instance it is considered that the proposed amendments do not constitute substantial differences or fundamental change to the originally submitted proposal and the amendments were not subject to public re- consultation. The LPA has acted fairly and reasonably taking in to account the duty to fully consider representations from interested parties and considers that nobody has been deprived of the opportunity to make any representations that they may have wanted to make on the application as amended due to the nature of the change/s. Notwithstanding this, all representations received are outlined below and are appraised against planning policy (where they are material in determining the application) within the assessment.

4. LOCAL REPRESENTATIONS

Ward Councillors • No comments have been received.

General Public The application was publicised by one neighbour notification letter and site notice. As a result no objections have been received from residents

5. CONSULTEES

WBC Conservation – Development Management – • No objection in principle but has suggested that some alternative solutions in terms of fabric should be considered.

WBC Transport Planning and Development Control – • No objection.

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6. RELEVANT SITE HISTORY

6.1 There is no planning history of particular relevance to the determination of this current application.

7. PLANNING POLICY

7.3 Where there are other specific, relevant, material issues raised in the NPPF these will be discussed within the Assessment below.

7.5 Relevant Policies in the Local Plan Core Strategy (2014)

• CS9 – Strategic Location – Inner Warrington • QE7 - Ensuring a High Quality Place • QE8 – Historic Environment • MP1 – General Transport Principles • MP3 – Active Travel

• Design and Construction – SPD 2010

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8. EQUALITIES ACT (2010)

9. ASSESSMENT

9.1 The key issues of this particular application relate to: • Heritage/Design Matters and Street Scene • Highway Safety • Residential Amenity

9.2 Heritage/Design Matters & Street Scene The building to which the canopy is attached is a Locally Listed Heritage Asset and as such both the design and materials used are material considerations in the determination of this application to which considerable weight should be attached. Local Plan Core Strategy Policy QE8 seeks to ensure that the fabric and setting of heritage assets are appropriately protected and enhanced. In addition Policy QE7 seeks to support designs that ensure a high quality of place in terms of enhancing the street scene character and harmonising with existing buildings. 9.3 The Council’s Conservation Officer has raised no objection to the proposal but has made suggestions in order to achieve the best possible heritage solution with regard to materials. It agreed that a condition can be added for materials to be agreed in consultation with the Conservation Officer prior to commencement of the development. 9.4 On this basis the proposal complies with Local Plan Core Strategy Policies QE7 and QE8 and is acceptable. 9.5 Highways matters The underside of the canopy is 3.1m above the footway of Manchester Road. The proposal is to repair an existing structure and there is no change to the existing height as a result. Warrington Borough Council Transportation have raised no objection on the grounds of highway safety. 9.6 The impact of the proposal on the safety of pedestrians is a material consideration to which significant weight should be attached. The promotion and safety of pedestrians when using Warrington’s highway network are requirements of Policies MP1 and MP3 of the Warrington Local Plan Core Strategy. The proposal would repair a structure which if left could result in an adverse impact on both the building quality and the safety of pedestrians. On the basis of the submitted drawings and the improvements sought through the

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scheme as a whole, the proposal fully complies with both these policies and is acceptable. 9.7 Residential Amenity The nearest affected residential occupiers are those of Cliff Villas – 266 and 268 Manchester Road. The nearest of these, 266 Manchester Road is 37m from the proposal. 9.8 Impact on residential amenity is a material consideration in the determination of the application to which considerable weight should be attached, however in this instance it is considered that there is only minimal impact on the nearest occupiers and as the proposal will improve the appearance of the canopy, the impact will be positive. 9.9 On this basis the proposal complies with Local Plan Core Strategy Policy QE6 and is acceptable.

10. CONCLUSIONS AND RECOMMENDATIONS

10.1 The proposal is a small scale development to repair and thereby improve part of the Locally Listed Historic Asset of the Shelter and WC, which is in the ownership of Warrington Borough Council.

10.2 The NPPF paragraphs 192 and 197 direct local planning authorities to take appropriate account of heritage assets and their significance.

10.3 This proposal will result in an improvement to the appearance of the canopy and street scene, with no adverse effects on highway safety and residential amenity and as such the proposal results in a positive impact on the heritage asset and is acceptable.

11. SCHEDULE OF CONDITIONS

1. The development hereby approved shall be commenced before the expiration of three years from the date of this permission.

(a)The planning application forms, design and access statement and additional information received by Warrington Borough Council on 11.12.2019 (b) Submitted drawing No's WCSP001 received on 11.12.2019 and WCC001 Rev A received on 14.01.2020.

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Reason: for the avoidance of doubt and to enable Warrington Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with Policy QE7 of the Warrington Core Strategy. 3. None of the building(s) hereby approved shall be constructed until written and photographic details of the external roofing and facing materials (including manufacturer’s details) shall be submitted to the local planning authority for approval. Materials samples shall be made available to view on site and shall NOT be deposited with the Local Planning Authority. The development shall be constructed in accordance with the approved details/samples

Reason: In order to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction

12. PLAN EXTRACTS

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13. PHOTOS

Front Elevation – Looking West Topside of Canopy – Looking West

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Underside of Ca

Underside of Canopy Example of Damage to Canopy

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DEVELOPMENT MANAGEMENT COMMITTEE DATE 12th February 2020 ITEM 9

Application Number: 2019/36267

Description of Development: Full Planning – Proposed change of use on a temporary basis as a private car park for up to 50 vehicles associated with The Base office development. The project includes new street lighting, access control barrier, resurfacing and lining of the existing surface. Location Address: Vacant land at the junction of Dallam Lane / Tanners Lane, Warrington. Applicant: Mr Stephen Fitzsimons Ward: Bewsey and Whitecross Site Allocation: Unallocated Number of representations None received: Reason for Referral: Council owned land

Statutory expiry date: 6th February 2020

Recommendation: Approved subject to conditions

Case Officer: Angela Forsyth [email protected]

SUMMARY OF KEY REASONS FOR RECOMMENDATION • Taking in to account material considerations, the principle of a car park to support an office development in the town centre is considered to be acceptable. • Access and egress from the site and potential impacts on the local highway network are considered to be acceptable.

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OFFICER’S REPORT TO PLANNING COMMITTEE 1. APPLICATION SITE AND SURROUNDINGS

1.1 The application relates to a vacant plot of land on the corner of Dallam Lane and Tanners Lane, enclosed with 2.4m high metal railings. The land has a concrete surface with ramped access via Dallam Lane. The local area is mixed in character with commercial, industrial and car parking within the immediate vicinity. The application site is located just outside of and adjacent to the town centre boundary.

2. DESCRIPTION OF PROPOSAL

2.1 The proposal is for the use of the land for up to 50 car parking spaces for a temporary period of three years. The parking spaces are required to support The Base in the Stadium Quarter on the opposite side of Tanners Lane. The change of use will also involve the resurfacing of the land, laying out of the surface with white lining, controlled barriers at the entrance / exit and 7No. 6m high lighting columns. The barbed wire is to be removed from the top of the existing fencing and a pedestrian gate 1.2m by 2.4m would be installed.

3. AMENDED PLANS

3.1 Amended plan have been received following initial concerns raised by WBC Transport Planning and Development Control to ensure that circulation within the site is better managed and to provide an informal crossing at Tanners Lane.

3.2 Consideration has been given to the necessity to re-consult on the amended plans received. In this instance it is considered that the proposed amendments do not constitute substantial differences or fundamental change to the originally submitted proposal and the amendments were not subject to public re- consultation. The LPA has acted fairly and reasonably taking in to account the duty to fully consider representations from interested parties and considers that nobody has been deprived of the opportunity to make any representations that they may have wanted to make on the application as amended due to the nature of the change/s. Notwithstanding this, all representations received are outlined below and are appraised against planning policy (where they are material in determining the application) within the assessment. 4. LOCAL REPRESENTATIONS

Ward Councillors None Parish Council

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None General Public The applications was publicised by 11 neighbour notification letters and site notice. As a result no objections have been received from residents

5. CONSULTEES

WBC Transport Planning and Development Control No objection subject to conditions

WBC Families and Wellbeing Directorate – Public Protection No objection

Cheshire Archaeology Planning Advisory Service No objection in principle

6. RELEVANT SITE HISTORY

Planning Description of Decision Date of Decision Reference Development 96/34824 Proposed Approved 12th June 1996 change of use from a car park to car and vehicle hire depot

7. PLANNING POLICY

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balanced by Paragraph 9 which states that plans and decisions need to take local circumstances into account, so that they reflect the character, needs and opportunities of each area.

7.3 Where there are other specific, relevant, material issues raised in the NPPF these will be discussed within the Assessment below.

7.5 Relevant Policies in the Local Plan Core Strategy (2014) • Policy CS1 Overall Spatial Strategy - Delivering Sustainable Development • Policy CS7 Strategic Location - The Town Centre • Policy QE6 Environment and Amenity Protection • Policy QE7 Ensuring a High Quality Place • Policy QE 8 Historic Environment • Policy MP 1 General Transport Principles • Policy MP7 Transport Assessments and Travel Plans

7.6 Supplementary Planning Documents • Parking Standards March 2015

7.7 Other relevant supporting local document: • Warrington Local Transport Plan 4 December 2019

8. EQUALITIES ACT (2010)

9. ASSESSMENT

9.1 The key issues of this particular application relate to: • The principle of the development • Highways matters • Visual Amenity • Other Matters

Applicants Supporting Statement Summary 9.1 The applicant has submitted a supporting statement to set out why the temporary car park is required. The statement has been summarised as follows:

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9.2 A key corporate objective for Warrington Borough Council is to “grow a strong economy for all”.

9.3 The Base has been open since January 2016 and currently has a 61% occupancy rate (consisting of 23 local businesses employing 209 staff). The base contributes as an anchor tenant for the Stadium Quarter Development which will eventually include the Technical College (400+ pupils and staff), the Youth Zone (50 staff plus 200 young people) and 350 residential apartments; all of which will be significant capital investors in and around the town centre.

9.4 The letting agent for The Base has stated that despite the ‘ongoing green agenda’, potential new tenants of The Base have not taken up an offer as a result of not having a designated car park. The operator for The Base concurs that demand for parking remains strong despite environmental considerations. A 2018 tenant survey highlighted that 42% of the responding tenants (5 out of 12) are unhappy with the car park situation.

9.4 The close proximity to the bus and train stations still offers a car-free alternative journey to The Base and this will continue to be promoted as a selling point. However, many of the tenants are commuting significant distances and some tenants are regularly visiting clients; on that basis, daytime car parking is, on occasion, required.

9.5 The operator estimates that around 6% of enquiries since 2016 did not rent because of a lack of car parking. This is equivalent to 7 lost opportunities, 8,000 sq ft and £250,000 per year revenue. The ambition for the Base is to achieve 75% occupancy by the summer of 2020; which should be achievable should the office offer include car parking.

9.6 Travel to work plans could and should change in the future, especially as LTP4 is put into practice. The timescale for the car park is for temporary use of 3 years.

Principle of Development 9.7 Policy CS1 states that development proposals that are sustainable will be welcomed and approved without delay. To be sustainable, development must accord with national and local planning policy and must have regard to the vitality and viability of the Town Centre, make the best use of existing infrastructure and ensure additional provision where needed to support development; and address the causes of and be resilient to the effects of climate change.

9.8 Relevant elements of Policy CS7 states that development in the Town Centre should support its viability and vitality; add to the provision and attractiveness of the office market in the Town Centre; and supports existing investment.

9.9 Policy QE6 states that development will be supported providing it would not lead to an adverse impact on the environment and surrounding area; including air quality, odours, fumes, dust and the effect and timing of traffic movement to and from the site.

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9.10 Policy QE7 states that the Council will look positively upon proposals that are designed to be sustainable, durable, adaptable and energy efficient;

9.11 Policy QE8 states the Council will ensure that areas of known or potential Archaeological Interest are appropriately protected and enhanced in accordance with the principles set out in National Planning Policy.

9.12 Policy MP1 seeks to secure sustainable development, proposals will be supported where they: reduce the need for private car use through its location, marketing and other measures to change travel behaviour; and adhere to locally determined car and cycle parking standards.

9.13 Policy MP7 states that all development will be required to demonstrate that it will not significantly harm highway safety and that trips generated by the development can adequately be served by Warrington's Transport Network.

Warrington Local Transport Plan 4 December 2019 states:

‘Warrington will be a thriving, attractive, accessible, and well-connected place with popular, high-quality walking, cycling, and public transport networks supporting our carbon-neutral future.’

9.14 The plan aims to improve Warrington Borough transport offer through: • Provide people with a choice about how they travel for each journey • Encourage a culture change that reduces the need for people to travel by car • Improve access to the town centre for all sustainable modes • Develop a resilient and efficient transport network that supports the town’s growth • Reduce traffic congestion • Reduce both exhaust and non-exhaust emissions from transport • Maintain and improve all transport infrastructure • Encourage healthier lifestyles by increasing day-to-day activity • Improve safety for all highway users • Make Warrington a more disabled friendly place

9.15 The proposal is for a car park for up to 50 spaces to support The Base office development. The Base is located within the outer edge of the town centre as defined in the Local Plan; whereas the proposed application site, located on the opposite side of Tanners Lane, is located just outside of the town centre boundary.

9.16 Office developments are a town centre use and it is clear from the NPPF and relevant policies above that new office development should primarily be focused in town centre locations to ensure that it can take full advantage from a variety of travel options in addition to cars. The accessible location of the Stadium Quarter and in particular The Base, just within the defined town centre, represent a positive planned asset in close proximity to the local high frequency public

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transport network. Since 2016 The Base has been promoting itself as a highly accessible and an environmentally aware option.

9.17 The proposed car park would be 40m away from The Base. There is another car park available within 100m of this site, however, it is of particularly poor quality and presents a very poor impression for businesses and visitors to Warrington.

9.18 With a 61% occupancy rate, the offer provided has been relatively successful over the short / medium term, attracting tenants who can accept the parameters driven by its green agenda of not offering a parking option. However, after 4 years of marketing this building on that basis, this continuing under occupation is hugely inefficient and not financially sustainable over the medium to long term.

9.19 The car park is identified as a temporary incentive to retain / attract businesses to The Base. In the more medium tern it is anticipated that other development will negate the need for longer term parking. The policies adopted as part of Local Transport Plan 4 (December 2019) will be enacted over the next few years and seeks to provide more efficient car parking, to further improve the public space (pedestrianisation) and to ensure a more efficient / linked public transport network is offered to businesses and employees within the Borough. However, this will take time to come to fruition whereas The Base must continue improving its attractiveness in a very competitive market

9.20 In addition, with a 61% occupancy rate employing 209 people, car parking provision for up to 50 parking spaces means that The Base will still be reliant on alternative forms of transport for the majority of its staff. It is merely ensuring that it improves its attractiveness to other businesses that would otherwise look elsewhere, likely in less accessible locations, in which on site car parking is available.

9.21 The location of the car park just outside of the town centre would facilitate a better offer for businesses looking for accessible offices in Warrington town centre. The car park would be for a temporary period of three years. Notwithstanding the fact that this site is located just outside of the town centre; it supports an office development within the town centre. On that basis, the proposed car park is considered to comply with policies CS1, CS7, QE6 and QE7.

Highways 9.22 In contrast to the number of vehicles currently visiting the Town Centre each day, a car park for up to 50 additional cars in a town centre location should not adversely impact the environment and road network in the surrounding area. In addition, the applicant has submitted a statement to clarify that the vehicles are expected to arrive and leave the site at various times during the day. On that basis, the proposal is considered to comply with policies QE6 and MP7, the development is very small scale, and as such is likely to have a negligible impact

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on environmental factors, traffic movement to and from the site and the local highway network.

9.23 The proposed development is also considered to comply with policies QE7 and MP1 in that The Base is a sustainable office development in a town centre location. A flexible car parking option is required for a comparatively small number of business / staff operating within The Base; for a temporary period of three years. This temporary provision will not reduce the attraction / marketing of The Base in promoting car free options to local businesses.

Visual Amenity 9.24 The proposed development is considered to have a positive impact on the street scene and local character is that all of the barbed wire sitting above the palisade fence would be removed, the surface of the car park would be renewed. The entrance / exit barriers proposed are typical of the barriers currently in operation in car parks throughout the town centre. There would be a new pedestrian gate and lighting columns; however, in the context of the street scene, these would not be significant features in the proliferation of other street furniture evident in this busy edge of centre location. This complies with policies QE6 and QE7 in that the proposed development is in keeping with or enhances local character.

Other Matters

9.25 This is a small scheme for a non-sensitive end use located on land that is currently designated as Potentially Contaminated Land. There do not appear to be any significant potential ground gas generation sources within 250m of the subject site. This is in accordance with policy QE6 which seeks to ensure impacts regarding environmental issues are managed.

9.26 There is the potential for archaeological features to be evident in this location; however, the works proposed are superficial surface or shallow foundations for lighting columns / barriers etc. which are not expected to disturb any potential features. This is in accordance with policy QE8 which appropriately protects known archaeological interests.

10. CONCLUSIONS AND RECOMMENDATIONS

10.1 The proposed temporary small car park will serve as an additional enticement to existing and new businesses within an existing office development in the town centre. The Base currently promotes a targeted agenda to support alternative means of transport to the private car and the favourable consideration of this proposal would not change that.

10.2 On balance, the proposed development supports existing development / town centre investment. For the reasons outlines above it is considered to comply with

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the NPPF and Policies CS1, CS7, QE6, QE7, QE8, MP1 and MP7 of the Warrington Local Plan Core Strategy (2014).

11. SCHEDULE OF CONDITIONS

1. The use hereby permitted shall be for a temporary period of three years, ending on or before 28th February 2023, at which point the land shall be reinstated to it's original condition (remove the barriers / land left in a safe condition).

Reason: The use hereby approved is not considered suitable as a permanent form of development to safeguard amenity and to comply with Policy QE6 of the Warrington Core Strategy 2. The development shall be carried out in accordance with the following documents:

(a) The planning application forms, design and access statement and additional information received by Warrington Borough Council on 18th December 2019 and 22nd January 2020. (b) Submitted drawing No. H18-027-100 (all drawing no's) Visibility Splay received on 18th December 2019 and General Arrangement and Vehicle Tracking, Tracking Plan and Tactile Blister Paving Plans (x2) received on 22nd January 2020.

Reason: for the avoidance of doubt and to enable Warrington Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with Policy QE7 of the Warrington Core Strategy. 3. A scheme for the proposed uncontrolled crossing shall be submitted to and approved in writing by the local planning authority. The scheme as approved shall be provided prior to first use of the development hereby approved.

Reason to ensure compliance with the Council’s policies relating to accessibility for all and in the interest of highway safety.

4. The development shall not be implemented until the surface water drainage of the site has been designed to prevent the discharge of water on to the public highway. The drainage design shall be submitted to and approved in writing by the Council as Local Planning Authority.

Reason: To prevent unnecessary surface water from being deposited on to the highway thus causing a potential source of danger to other road users.

5. Any gate or other form of barrier across the access shall be positioned at least 5 metres back from the nearside edge of the highway boundary and shall be constructed to open vertically only.

Reason: To permit vehicles to pull clear of the carriageway when entering the site

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in the interests of road safety.

6. The parking spaces indicated on the approved plans shall be provided for the use of occupiers and visitors of The Base office development only and shall not be sold, leased or hired out to any third party.

Reason: To ensure that appropriate provision for parking vehicles is made and maintained, thereby avoiding hazards caused by indiscriminate parking. The Local Planning Authority would wish to retain control over any subsequent change of use of these premises in the interests of safeguarding the amenities of the area and to comply with Policy QE6 of the Warrington Core Strategy.

12. PLAN EXTRACTS

Proposed Layout

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Entrance at Dallam Lane into the application site

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