REPORT TO: Development Control Committee

DATE: 13 th October 2008

REPORTING OFFICER: Strategic Director - Environment

SUBJECT: Planning Applications to be determined by the Committee

The following applications for planning permission are submitted to the Committee for consideration with a recommendation in each case. Those applications marked * are considered to have significant employment implications.

An Amendments List, containing the categorisation of planning applications, additional information and amendments to recommendations, will be circulated to Committee Members before the meeting together with plans showing the location of each application site. Those applications now before the Committee, where the planning issues are considered clear by the Chairman, will be included in List A. Unless a Member considers that additional information is required on a particular application in List A it is RECOMMENDED that each of the applications be determined (whether for approval or for refusal) in accordance with the conditions or the reasons printed in the Agenda and in the Amendments List previously circulated.

The remaining applications are included in List B. Together with those applications about which Members require further information, List B applications will be considered following determination of applications remaining in List A.

PLAN NUMBER: 04/01064/FUL and 04/01065/LBC

APPLICANT: Daresbury Hall Developments

PROPOSAL: Application for part demolition, restoration and conversion of hall and outbuildings into 22no. residential units and erection of 9 no. houses (31 no residential units in total).

ADDRESS OF SITE: Daresbury Hall, Daresbury Lane, Daresbury

WARD: Daresbury

SUMMARY RECOMMENDATION:

Referred to the Secretary of State with a recommendation to approve subject to conditions and legal agreement

CONSULTATION AND REPRESENTATION:

The applications have been advertised by site and press notices. No. 1 and 2 Hall Lane Farm were sent neighbour consultation letters.

English Heritage, , Society for the Protection of Ancient Buildings, Rural Scene, Ancient Monuments Society, Council for British Archaeology, Halton Civic Society, , United Utilities, Environment Agency, Health & Safety Executive, Cheshire Fire Service, Daresbury Parish Council and Warrington Borough Council have been consulted. The Council’s Highways Engineer, Trees and Woodlands Officer, Nature Conservation Officer and retained adviser on the built heritage and conservation matters have also been consulted.

Comments received can be summarised as follows:

• Warrington Borough Council raise no objection. • United Utilities raise no objection. • Health and Safety Executive have raised an initial objection to the scheme which is expected to be withdrawn. • Fire Service recommends that turning heads be provided near the Coach House development and the Staff Houses. The Fire Service also recommends the instillation of sprinkler systems. The applicant is also advised to submit details of the water main installations in order that fire hydrant requirements can be assessed. • Cheshire County Council recommend a developer funded watching brief to be maintained during the relevant groundworks, such as the excavations for foundations for the new houses, the digging of major drains, and other significant earthmoving • The Georgian Group raised concerns over the scale and nature of the enabling development and the setting of the listed building and felt that the Managers House should be included as part of the proposal. The group also objected to the scheme as they are not convinced that the scheme satisfies English Heritage’s assessment for enabling development, they consider that the staff houses should be toned down, the Arts House should be removed due to the impact on the Hall, the walled garden element would be screened from the Hall by the existing trees and the enclosing walls and the extension of the managers house is not acceptable due to it’s impact on the hall. • Daresbury Properties raised issues of land ownership and the proximity of the Kitchen Garden to the trees. Amended plans have been received addressing these issues. • Lord Daresbury (through Nathaniel Litchfield and Partners) has raised objections in relation to the costs forming the basis of the enabling development, impact on the openness and visual amenity of the greenbelt. • Environment Agency raises no objection to the scheme • Highways Engineer recommends an improvement of the visibility splay and the improvements of pedestrian access and sufficient turning is provided for a fire tender. • Ancient Monument Society thought that the Managers House should be included within the scheme, the large numbers within the Hall would require a high level of parking within its setting. They concluded that if the proposal satisfied English Heritage criteria for enabling development then they would not wish to object to the proposal. • Warrington and District Model Engineering Society object to the kitchen garden element of the proposal due to the proximity of the rail track and landscaping impacting on the use of the track. • Daresbury Parish Council welcomed the proposed development of the Hall however raised concerns of the proposal’s impact on the green belt and that the Mangers House should be dealt with at the same time. They also raise concerns in relation to the Kitchen Garden in particular the westerly elevation as it is unsympathetic with the view of the Hall and have requested to be consulted on proposed materials and have requested a S106 payment towards improvements to the community. • English Heritage have confirmed that the scheme can now be justified as an exceptional circumstance and that they withdraw their objection to the application. They are satisfied that the proposed enabling development scheme offers a means of securing the future of Daresbury Hall without causing undue harm to its special architectural and historic interest.

Any other significant issues and comments raised will be covered within the Observation and Issues section of this report.

SITE/LOCATION:

Daresbury Hall is located in open countryside between Runcorn and Warrington. It is set within landscaped grounds with an area of around 6.75 ha on slightly elevated land around 500m east of the village of Daresbury and to the south of Daresbury Lane.

The hall is three storey brick Grade II* Listed Building set in it’s own substantial grounds. To the rear of the hall is a single storey sandstone block and beyond that two storey brick outbuildings.

There are a number of additions and extensions to Daresbury Hall, together with freestanding classrooms and residential accommodation within the grounds.

RELEVANT HISTORY:

There is extensive planning history on this site. Applications 96/00196/FUL; 96/00197/LBC and 96/00305/LBC for the refurbishment and conversion of Daresbury Hall and outbuildings into 18 flats together with 23 dwellings in the grounds was recommended for approval in 1996. However, the applications were ‘called-in’ by the Secretary of State and a Public Inquiry held in May 1997. The inspector refused the applications, as inappropriate development in the Green Belt, excessive number of units and harmful to the setting of the Listed Building.

In 1998, planning permission was granted for the change of use of the Hall and outbuildings to a single dwelling with ancillary workshops and demolition of modern additions (Application no. 98/00486/COU). The applicant in this case was the Rural Building Preservation Trust.

Applications 99/00082/FUL and 99/00085/LBC for the proposed restoration and conversion of the hall and outbuildings into 14 no. units and erection of 24 no. houses, garages and associated hard and soft landscaping were refused in January 2000. Applicants 99/00083/FUL and 99/00084/LBC were for the same development except 27 no. new dwellings instead of 24 no. dwellings. All four of these applications were refusewd and the subject of a planning appeal, and were also dismissed, for the same reasons as the previous applications.

UNITARY DEVELOPMENT PLAN DESIGNATION, KEY POLICIES AND SUSTAINABILITY OBJECTIVES:

The site is allocated as within Green Belt and an Area of Special Landscape Value where policies S21 Green Belt, GE1 Control of Development in the Green Belt, GE3 Extensions, Alterations and Replacement of Existing Dwellings in the Green Belt, GE4 Re-Use of Buildings in the Green Belt and GE23 Protection of Areas of Special Landscape Value in the Halton Unitary Development Plan (UDP) are of relevance

The other key policies of relevance are BE 1 General Requirements for Development, BE2 Quality of Design, BE9 Alterations and Additions to Listed Buildings, BE10 Protecting the Setting of Listed Buildings, BE11 Enabling Development and the Conservation of Heritage Assets.

OBSERVATION AND ISSUES:

The proposal involves the restoration of Daresbury Hall and converting it into 7 residential apartments, and also the restoration of the former coach house by converting it into 8 cottages, together with two new build cottages to the rear to form a courtyard.

The current scheme totals 31 dwellings, comprising 8 converted dwellings in the coach house, 7 apartments in the hall and 16 new dwellings. The 16 dwellings comprise of:

• A three storey terrace of 5 No. houses located to the north of the hall in the location of the existing terrace of Staff Houses. • A three storey Arts House to the north of the Hall, in approximately the same location as an existing bungalow building. The Arts House is to have two car parking spaces within the garage block to the north east of the hall (in addition to the parking serving the hall) • A Home Farm development is to be a mixture of two and three storeys, comprising 5 No. dwellings. • A Kitchen Garden development to the south west of the Hall comprising three dwellings.

Policy

There is no question that considered as a whole the scheme would represent inappropriate development in the Green Belt and by definition inappropriate development is harmful to the Green Belt. However it is recognised that the benefit of securing the restoration of a listed building could constitute a very special circumstance that would justify new housing development in the Green Belt.

In terms of the impact on the openness of the Green Belt it is clear that the proposal will have an impact on the openness due to the increase in the built form. The proposal does however include the demolition of existing extension to the Hall and stables and the demolition of the Staff Houses and the Caretakers Houses. The Arts House and new Staff Houses are to built on the footprint of some of the demolished structures, thus considered to be replacement of dwellings.

The visual impact on the Green Belt is an important consideration. The layout of the development has been designed to minimise its impact when viewed from outside the site. In particular the walled kitchen garden to the south west of the site comprises three dwellings predominantly surrounded by a brick wall. The Home Farm element of the scheme is not clearly visible from outside the site. The Staff Houses and the Art House are both located on the footprints of existing dwellings. Therefore the proposal would not have a damaging visual impact on the Green Belt and the countryside generally. There would also be no detrimental impact upon views out of Daresbury Conservation Area.

The appearance of the Hall and outbuildings would benefit as a result of the removal of the modern extensions. There would also be an improvement to their setting with the removal of the modern buildings from the grounds in particular the Lewis Carroll building. The setting would also benefit from the enhancement, maintenance and management of landscaping on the site. The current application represents a more sympathetic and holistic response to the development of the site than the earlier proposals. The inter-relationship between the various parts of the site in landscape terms is important to the setting of the Hall, and the scheme has been designed to integrate the new housing, parking areas and roadways as part of a comprehensive landscape structure. The Hall remains the dominant structure on the site, with all the other buildings being clearly subservient.

Daresbury Hall has been included on the English Heritage register of Buildings at Risk for a number of years in the highest category of risk. English Heritage have confirmed that the scheme can now be justified as an exceptional circumstance.

The Council commissioned an independent assessment of the enabling development. The independent assessment confirms that the proposal is the minimum number of units to fund the conservation deficit. The conservation deficit refers to the funding gap which occurs between the cost of restoring the Hall and the market value of the building. The assessment did take into account the extension to the Managers House and concluded that it would make a negligible difference to the enabling contribution and the proposed costs of the extension out weigh the increase in value.

Ecological Issues

The site contains a heavily wooded area and a pond within the grounds. The trees and buildings within the site are suitable for bats as such a bat survey has been undertaken. The survey has shown the presence of a number of species of bats and has recommended the necessary mitigation measures required for the development.

The pond within the site has also been assessed. The pond has become silted over the years and as such the restoration of the pond is to be included in the conditions and legal agreement.

Trees

An abricultural report was submitted as part of the scheme. The Council’s Trees and Woodlands Officer has assessed the report and has not raised concerns. It is recommended that conditions be attached in relation to the protection of the trees to be retained on the site and that an updated survey is provided inline with revised standards and to reflect the current situation.

Conclusion

Daresbury Hall has been included on the English Heritage register of Buildings at Risk for a number of years in the highest category of risk. The independent assessment of the application has concluded that the scheme is the minimum required to fund the conservation deficit. English Heritage have confirmed that the scheme can now be justified as an exceptional circumstance. As such the benefit of securing the restoration of a listed building constitutes a very special circumstance that would justify new housing development in the Green Belt. The Legal Agreement for this application relates to the phasing of the development in line with English Heritage’s recommendation.

RECOMMENDATION:

Referred to the Secretary of State with a recommendation to approve subject to conditions and legal agreement

The planning application conditions as follows:

1. Standard condition relating to timescale and duration of the permission; 2. Specify plans (BE1) 3. Materials condition, requiring the submission and approval of the materials to be used (BE2) 4. Landscaping condition, requiring the submission of both hard and soft landscaping to include tree planting. (BE2) 5. Boundary treatments to be submitted and approved in writing. (BE2) 6. Submission and agreement of wheel cleansing (BE1) 7. Vehicle access, parking, servicing etc to be constructed prior to occupation of properties/ commencement of use. (BE1) 8. Submission of drainage (PR5) 9. Submission of lighting details (BE1) 10. Details of hard surfacing to be submitted (BE1) 11. Update arboricultural report and method statement to be submitted (BE1) 12. Tree protection conditions (BE1) 13. Removal of permitted development rights (BE1) 14. Conditions relating to the finishing details of windows, doors and gate piers. (BE1) 15. Works to be carried out in accordance with the Bats Survey (GE21) 16. Works to the pond to be carried out inaccordance with approved details (GE25)

The listed building consent conditions as follows:

1. Standard condition relating to timescale and duration of the permission; 2. Specify plans (BE1) 3. Materials condition, requiring the submission and approval of the materials to be used (BE2) 4. A number of conditions relating to the finishing details (both internal and external of windows, doors, fire places, coving etc. (BE1) 5. Works to be carried out in accordance with the Bats Survey (GE21) 6. Update of scheduale of repairs external and internal to be submitted (BE1)

PLAN NUMBER: 05/00274/FUL

APPLICANT: Mr M Royle

PROPOSAL: Application for alterations and extension to Managers House

ADDRESS OF SITE: The Manager’s House Daresbury Hall, Daresbury Lane, Daresbury

WARD: Daresbury

SUMMARY RECOMMENDATION:

Referred to the Secretary of State with a recommendation to approve subject to conditions.

CONSULTATION AND REPRESENTATION:

The application has been advertised by site and press notices. No. 1 and 2 Hall Lane Farm, Daresbury Hall and the Warrington and District Model Engineering Society were sent neighbour consultation letters.

English Heritage, Ancient Monuments Society, Twentieth Century Society, Council for British Archaeology, The Georgian Group, Health & Safety Executive and Daresbury Parish Council have been consulted. The Council’s Highways Engineer and retained adviser on the built heritage and conservation matters have also been consulted.

Comments received can be summarised as follows:

• Health and Safety Executive have raised no objections on safety grounds against this development. • The Georgian Group raised objections to the extension to the Manager’s House on the grounds that the applications for the Manager’s House and the restoration of the Hall should not be considered separately, the existing Manager’s House has a detrimental impact on the setting of the Grade II* listed building and suggest that the house is demolished as part of the overall scheme. The Group also consider the erection of other building within the site of the Manager’s House unacceptable and that the landscaping is not appropriate. • Lord Daresbury has stated that the proposal should not be excluded from the enabling development and objects to the application in terms of the impact on the Hall. • Warrington and District Model Engineering Society raised concerns over the application form stating the Manager’s House was an existing dwelling, as this is misleading as the property was never the Manager’s House and objects as the size, external design and close proximity are not sympathetic to the Georgian features of the listed Hall. • Daresbury Parish Council welcomed the proposed development of the Hall however raised concerns of the proposals impact on the green belt and that the Mangers House should be dealt with at the same time. They also raise concerns in relation to the kitchen garden in particular the westerly elevation as it is unsympathetic with the view of the Hall and have requested to be consulted on proposed materials and have requested a S106 payment towards improvements to the community. • English Heritage stated that the revised design for the Manager’s House is a considerable improvement and the overall impact of these changes does not significantly affect the setting of the Grade II* listed Hall and therefore do not object to the proposal.

Any other significant issues and comments raised will be covered within the Observation and Issues section of this report.

SITE/LOCATION:

The Manager’s House is within the grounds of Daresbury Hall to the south east corner of the site. Daresbury Hall is located in open countryside between Runcorn and Warrington. It is set within landscaped grounds with an area of around 6.75 ha on slightly elevated land around 500m east of the village of Daresbury and to the south of Daresbury Lane.

RELEVANT HISTORY:

There is extensive planning history on this site. Applications 96/00196/FUL; 96/00197/LBC and 96/00305/LBC for the refurbishment and conversion of Daresbury Hall and outbuildings into 18 flats together with 23 dwellings in the grounds was recommended for approval in 1996. However, the applications were ‘called-in’ by the Secretary of State and a Public Inquiry held in May 1997. The inspector refused the applications, as inappropriate development in the Green Belt, excessive number of units and harmful to the setting of the Listed Building.

In 1998, planning permission was granted for the change of use of the Hall and outbuildings to a single dwelling with ancillary workshops and demolition of modern additions (Application no. 98/00486/COU). The applicant in this case was the Rural Building Preservation Trust.

Applications 99/00082/FUL and 99/00085/LBC for the proposed restoration and conversion of the Hall and outbuildings into 14 no. units and erection of 24 no. houses, garages and associated hard and soft landscaping were refused in January 2000. Applications 99/00083/FUL and 99/00084/LBC were for the same development except 27 no. new dwellings instead of 24 no. dwellings. All four of these applications were subject of a planning appeal, and were all dismissed, for the same reasons as the previous applications.

04/01064/FUL and 04/01065/LBC Applications for part demolition, restoration and conversion of hall and outbuildings into 22no. residential units and erection of 9 no. houses (31 no residential units in total).

04/01108/FUL and 04/01107/LBC extension and garage block to Mangers House, both applications where withdrawn.

UNITARY DEVELOPMENT PLAN DESIGNATION, KEY POLICIES AND SUSTAINABILITY OBJECTIVES:

The site is allocated as within Green Belt and an Area of Special Landscape Value where policies S21 Green Belt, GE1 Control of Development in the Green Belt, GE3 Extensions, Alterations and Replacement of Existing Dwellings in the Green Belt and GE23 Protection of Areas of Special Landscape Value in the Halton Unitary Development Plan (UDP) are of relevance

The other key policies of relevance are BE 1 General Requirements for Development, BE2 Quality of Design and BE10 Protecting the Setting of Listed Buildings.

OBSERVATION AND ISSUES:

The proposal involves the alteration and extension of the Manager’s House. The application originally also included the erection of a garage block, this element was withdrawn from the proposal due to the impact on the openness of the Green Belt. The property is accessed through the grounds of the Hall.

Policy

Green Belt policy allows for the extension or alteration of existing dwellings within the Green Belt. The proposed extensions do not materially alter the scale of the existing property. The proposal does not result in disproportionate additions over and above the size of the original dwelling and therefore does not constitute inappropriate development within the Green Belt. Although the site of the Manager’s House has an open aspect to the south and east the extensions to the property are not considered to have a harmful visual impact on the Green Belt.

English Heritage have confirmed that the overall impact of the proposal to the Manager’s House does not significantly affect the setting of the Grade II* listed Hall.

The Council commissioned an independent assessment of the enabling development in relation to the Hall. The assessment did take into account the extension to the Managers House and concluded that it would make negligible difference to the enabling contribution and the proposed costs of the extension out weigh the increase in value.

Conclusion

The assessment into the enabling development stated that the Mangers House would make negligible difference to the enabling contribution. As such the proposal has been assessed against Green Belt policy and is considered not to result in a disproportionate addition. It is also considered that the extension to the Manager’s House will not significantly affect the setting of the listed Hall.

As the scheme is within the Daresbury Hall site it is appropriate for this application to be referred to the Secretary of State to consider whether or not the application should be “called in”.

RECOMMENDATION:

Referred to the Secretary of State with a recommendation to approve subject to the following conditions:

1. Standard condition relating to timescale and duration of permission; 2. Materials condition, requiring the submission and approval of the materials to be used (BE2) 3. Landscaping condition, requiring the submission of both hard and soft landscaping to include tree planting. (BE2) 4. Boundary treatments to be submitted and approved in writing. (BE2) 5. Wheel cleansing facilities to be submitted and approved in writing and used. (BE1) 6. Vehicle access, parking, servicing etc to be constructed prior to occupation of properties/ commencement of use. (BE1) 7. Protection of trees (BE1) 8. Restricting permitted development rights relating to extensions, outbuildings and addition of windows and dormers (BE1)

PLAN NUMBER: 08/00215/OUT

APPLICANT: Daresbury Properties Ltd

PROPOSAL: Outline application (with appearance, landscaping, layout and scale matters to be reserved) for the erection of three storey office accommodation with associated car/ cycle parking.

ADDRESS OF SITE: Land adjacent to/adjoining Keckwick Lane, Daresbury Expressway and A56 Road, Runcorn, Cheshire

WARD: Daresbury

SUMMARY RECOMMENDATION :

Approval subject to conditions

CONSULTATION AND REPRESENTATION:

The application has been advertised by way of press and site notices. Neighbours and Daresbury and Moore Parish Council have been consulted.

The Council’s Highways, Landscape and Environmental Health Officers have been consulted as have The Environment Agency, Health and Safety Executive, United Utilities, Shell Ltd, Northwest Regional Development Agency, and the Highways Agency.

Comments received can be summarized as follows:

• Daresbury Parish Council objected as the appearance and aesthetics are not in keeping with the area especially as they will be visible from Daresbury Village, the area is already saturated with empty office space, increased traffic flow problems, light and noise pollution, loss of green land and village feel, they also ask for Section106 contributions to make improvements to the village. • Moore Parish Council objected as the proposal is unsympathetic to its surroundings, highly visible from the centre of Moore and speculative in its need. • Highways Agency have no objection and have requested a condition for travel plan to be provided. • The Environment Agency has assessed the Flood Risk Assessment submitted and consider it acceptable and have suggested conditions relating to surface water regulation system. • Daresbury Laboratories have stated that the proposal should fit with the ethos of the Science and Innovation Campus and that the design is important as the site is at the gateway to the Campus. • Northwest Development Agency have concerns that the proposal will not complement the Daresbury Science and Innovation Centre and the design of the scheme will need to be of a high quality. • Shell have no comments to make. • The Council’s Trees and Woodlands and Nature Conservation Officers raise no objection to the scheme and have recommended conditions relating to tree protection and badger mitigation. • Health and Safety Executive does not advise, on safety grounds, against this development. • United Utilities raise no objections

3 letter of objection have been received in addition to the comments received above. The letters raise the following issues: • The proposal is contrary to Green Belt policy and would impact on the surrounding area. • Impact on wildlife • Supply of buildings exceeding demand. • Impact on the gateway to Daresbury Village.

SITE/LOCATION:

The site is located off Keckwick Lane, adjacent to the Cockcroft Institute and Daresbury Expressway.

RELEVANT HISTORY:

There is no relevant planning history on the site. Though there are recent planning permissions for a science park on adjacent land covered by planning permissions 01/00738/OUTEIA and 02/00414/FUL

DEVELOPMENT PLAN DESIGNATION, KEY POLICIES AND SUSTAINABILITY OBJECTIVES:

The site is allocated as a Regional Investment Site in the Unitary Development Plan. The key policies of relevance are:

Policy E1 Local & Regional Employment Land Allocations Policy E6 Daresbury Laboratories Policy BE1 General Requirements for Development Policy BE2 Quality of Design Policy TP12 Car Parking Policy TP16 Green Travel Plan

OBSERVATIONS AND ISSUES:

The application seeks outline approval (with appearance, landscaping, layout and scale matters to be reserved) for the erection of three storey office accommodation with associated car/ cycle parking.

Policy Considerations

The site is designated as a regional investment site in the Halton Unitary Development Plan for growth target sectors within use class B1. These are

• Environmental technologies • Life science industries (biotechnology and pharmaceuticals) • Medical equipment technology • Financial and professional services • Tourism • Computer software services and internet based services • Creative industries, media, advertising and public relations

As such the use of the proposal will be controlled by a legal agreement in line with policy E1.

The proposed development site is a site that would provide a gateway into the Daresbury Science and Innovation Campus. The scale of the proposed buildings is similar to others within the campus. Views of the proposed development have been provided by the agents, showing that the development is no more conspicuous from the Green Belt than other developments within the area, such as Darsbury Science and Innovation Campus, Daresbury Park and Manor Park.

The Council’s retained advisor on conservation matters has confirmed that the development would not significantly affect the character of the conservation area as the site is visible from a very limited number of vantage points in Daresbury village, and the site is separated from the village by Chester Road.

Future detailed applications for the site will need to provide a high quality development using high quality materials and a well designed landscaping scheme.

Highways

The vehicle access for the proposed site is from Keckwick Lane, taking access from Innovation Way, the main access for the Science and Innovation Campus from the Daresbury Expressway. The parking provided for the site is similar to the levels provided for the Science Innovation Campus.

The Council’s Highway Engineer has assessed the submitted Traffic Assessment and have requested that the applicant enter into a legal agreement in relation to a payment towards off site highway improvements.

Summary and Conclusions

The site is designated as a regional investment site in the Halton Unitary Development Plan for growth target sectors within use class B1. As such the use of the proposal will be controlled by a legal agreement in line with policy E1.

The site has been allocated on the fringes of the Daresbury Science and Innovation Campus to cater for its future expansion requirements and to facilitate the development of a business cluster, as such this development is acceptable in principle.

RECOMMENDATION:

1) Approval subject to a legal agreement and conditions relating to the following:

1. Conditions on the time limits on submission of reserved matters. 2. Requiring submission and agreement of materials (BE2) 3. Requiring submission and agreement of boundary treatments (BE22) 4. Requiring implementation of detailed landscape works (BE2) 5. Vehicle access, parking, servicing etc to be constructed prior to occupation / commencement of use 6. requiring implementation of a travel plan 7. External lighting 8. Landscaping (BE1) 9. Restriction of the use (E1) 10. Submission and agreement of finished ground/ floor levels (BE1) 11. Provision of cycle parking (TP6) 12. Requiring wheel cleansing facilities throughout construction phase (BE1) 13. Restricting construction and delivery hours (BE1) 14. Details of bin storage (BE2) 15. Conditions relating to tree protection measures (BE1) 16. Condition for nature conservation measures (GE21)

2) That if the S106 Agreement or alternative arrangement is not executed within a reasonable period of time, authority be delegated to the Operational Director – Environmental and Regulatory Services in consultation with the Chairman or Vice Chairman of the Committee to refuse the application on the grounds that it fails to comply with Policy S25 (Planning Obligations).

PLAN NUMBER: 08/00422/FUL

APPLICANT: Stobart Properties

PROPOSAL: Proposed erection of distribution warehouse (Use Class B8), external storage and associated parking

ADDRESS OF SITE: Intermodal Freight Terminal, West Bank Dock Estate, Widnes

WARD : Riverside

SUMMARY RECOMMENDATION:

Approve subject to conditions

CONSULTATION AND REPRESENTATION:

Surrounding premises/ properties have been consulted and the application advertised by means of site and press notices. Natural , The Health and Safety Executive, United Utilities, The Environment Agency and North West Regional Development Agency have been notified as has the Councils Highways Engineers and Major Projects Team.

The North West Regional Development Agency has confirmed in principle support for the scheme but requesting that the local authority give careful consideration to securing transfer of freight from road to rail. Consultation through the Health and Safety Executive’s PADHI+ system has confirmed that they do not consider on safety grounds for there to be sufficient grounds to advise against the granting of planning permission in this case.

Any other representations or significant issues not covered within this report will be reported orally to the Committee.

SITE/LOCATION:

Site of approximately 0.9 acres within the wider Ditton Strategic Rail Freight Park. The site is located on land between the existing facilities at PDM Granox and O’Connors.

RELEVANT HISTORY:

Permission was previously granted to Westlink Group Ltd (07/00815/FULEIA) for a wider site for a substantial distribution centre and additional warehousing floorspace with associated access, vehicle parking, landscaping, and ancillary development including diversion of existing watercourse. It is now not intended to implement the main elements of that planning permission but to redevelop an even wider site in line with a developer-led masterplan. The relocation of this same company, known as ‘Rehau’ which currently occupies an existing unit in the area, also formed part of that development but in a slightly different form.

UNITARY DEVELOPMENT PLAN DESIGNATION, KEY POLICIES AND SUSTAINABILITY OBJECTIVES:

The site falls within an area allocated as a Regional Investment Site for the development of the Ditton Strategic Rail Freight Park in the Halton Unitary Development Plan. It also falls within the designated Potential Extent of the Ditton Strategic Rail Freight Park. As such policies S20: Regional Investment Sites; E7: Ditton Strategic Rail Freight Park; and policies relating to pollution and risk are considered to be of particular relevance. Supplementary Planning Document: Design of New Commercial and Industrial Development is also of relevance.

OBSERVATIONS AND ISSUES:

Background

The application seeks permission for the erection of a new distribution warehouse with external storage and ancillary development within the site of the wider Ditton Strategic Rail Freight Park. The proposal will allow for the relocation of Rehau, currently occupying an existing unit to the western end of the park, to modern, purpose built premises. The relocation will free up land occupied by their existing unit critical to the wider development proposals of the Rail Freight Park by the Stobart Group in accordance with their wider masterplan proposals.

Policy Considerations and Rail Connectivity.

The site is identified in the Halton Unitary Development Plan (UDP) on the proposals map and by Policy S20 as within a Regional Investment Site for the development of Ditton Strategic Rail Freight Park (DSRFP).

The concept of a Strategic Rail Freight Park at Ditton emerged following lengthy debate including review at Public Inquiry in seeking to progress Government aspirations to encourage sustainable economic development, reuse of brownfield land and the transport of freight by rail. As a result UDP Policy E7 supports the phased development of a strategic intermodal rail freight park identifying a core area of three key sites for development subject to clearly defined criteria.

The proposed user of the building does not currently utilize rail to a significant extent. The proposed unit will however operate within a wider park which is rail connected through the O’Connor operation. Discussions are currently ongoing with the applicant to look at ways of encouraging the operator to utilize rail to a greater extent in line with the wider aims of the Park. Notwithstanding that, the proposed end-user occupies current premises within the park and their relocation is viewed as critical to securing the future development of the Rail freight Park in line with the developer’s masterplan. The proposals will form only a small element of the wider park and it is therefore considered that the proposals can be justified on that basis.

Scale, Design and Open Storage

The main building will be approximately 142m x 126.5m with a height of approximately 16.754m to the main ridge and 14.670m to eaves providing approximately 18,311sq.m gross area with approximately 200sq.m of ancillary office space. Access is proposed via Mathieson Road and the existing West Bank Dock Estate highway network.

The main building will be constructed predominantly of composite cladding with feature cladding and glazed areas to the main entrance and office elevations. Amended plans have been secured by negotiation to secure feature wall cladding detail within the main elevations to break up substantial elevations of the building. The operation includes substantial elements of external storage which in most areas could be considered unacceptable when measured against current policy. The proposal is for relocation of an existing use and the site is only a small element within a much wider development which will substantially screen external storage from significant vantage points. Areas and height of storage can be adequately controlled by condition and it is not considered that significant harm will result.

The building and use are considered to be of a scale and quality suited to the location and in keeping with the wider development aspirations of the Ditton Strategic Rail Freight Park area.

Drainage and Flooding

The proposed development is within an area liable to flooding. The application is supported by a Flood Risk Assessment in accordance with Planning Policy Statement 25 on Development and Flood Risk. This is currently being considered by the Environment Agency but it is considered that this matter can be satisfactorily resolved through the supply of additional information and/ or conditions. Members will be updated as required.

United Utilities has confirmed that they raise no objections to the proposals.

Highways

In the context of the wider park the traffic flows associated with the proposal are not considered significant. As such the Councils Highways Engineer has confirmed that they raise no objections to the proposals. Relatively minor amendments have been provided to secure appropriate disabled parking and ensure adequate pedestrian access. It is considered that adequate provision can be made for parking and servicing within the scheme and, as such, it is considered that no objections could be justified in highway terms subject to appropriate conditions.

Land Contamination and Water Pollution

The site is known to have a history of previous contaminative uses with associated risk to future occupiers and potential impacts on controlled waters. The Councils Environmental Health Officer and the Environment Agency have requested additional information relating to contaminated land and the potential risk to controlled waters including appropriate remediation strategy. It is considered that these matters can be resolved and likely addressed through appropriate conditions and members will be updated accordingly.

Summary and Conclusions

The application relates to the relocation of an existing dated warehouse facility essential to enable the wider ongoing development of the Ditton Strategic Rail Freight Park. The proposals are therefore considered to be in accordance with UDP Policy E7 and do not conflict with the wider aspirations for the area. The proposed building is considered to be of a suitable scale, character and quality. The building and external storage will be set within a substantial wider development, will be largely screened from outside the Rail Freight Park area and, as such, additional screening to the storage areas is not considered necessary. It is considered that outstanding matters relating to flooding, ground investigation and protection of controlled waters can be resolved satisfactorily through additional information and appropriate mitigation and members will be updated fully. It is considered that all other matters can be adequately controlled by condition and, on that basis, the application is recommended for approval.

RECOMMENDATION:

Approve subject to conditions relating to the following:

1. Specifying Amended Plans (BE1) 2. Specifying approved use (E7) 3. Materials condition, requiring the submission and approval of the materials to be used (BE2) 4. Implementation of site and finished floor levels in accordance with approved plans (BE1) 5. Boundary treatments to be submitted and approved in writing including screening of external storage areas. (BE2) 6. Wheel cleansing facilities to be submitted and approved in writing and used during construction. (BE1) 7. Construction and delivery hours to be adhered to throughout the course of the development. (BE1) 8. Vehicle access, parking, servicing etc to be constructed prior to occupation/ commencement of use. (BE1) 9. Agreement and implementation of cycle parking provision (TP6) 10. Requiring submission and implementation of agreed Travel Plan (TP16) 11. Requiring any external lighting to be installed in accordance with the guidelines of the Institute of Lighting Engineers (BE1) 12. Restricting height and locations of external storage (E5) 13. Screening of external bins/ skips (E5) 14. Conditions required by the Environment Agency relating to drainage and protection of watercourses (BE1/ PR5) 15. Submission and agreement of landscaping (BE1) 16. Ground Investigation and mitigation (PR14) ______

PLAN NUMBER: 08/00449/FUL

APPLICANT: Stobart Group

PROPOSAL: Proposed remediation of site and construction of a modern, purpose built distribution centre in two phases. Phase One to include a 38,861sq m distribution centre with associated recycling services unit (RSU), vehicle and car parking, service yards, landscaping and all associated engineering operations including the restoration of Marsh Brook. Phase Two to include a 13,958sq m extension to the distribution centre including the construction of a vehicle maintenance unit (VMU) and all associated engineering operations.

ADDRESS OF SITE: Former Tessenderlo Site, Desoto Road, Widnes

WARD : Riverside

SUMMARY RECOMMENDATION:

Approve subject to conditions

CONSULTATION AND REPRESENTATION:

Surrounding premises/ properties have been consulted and the application advertised by means of site and press notices. Natural England, National Grid, The Health and Safety Executive, United Utilities, The Environment Agency, Sport England and North West Regional Development Agency have been notified as has the Councils Highways Engineers and Major Projects Team.

The North West Regional Development Agency has confirmed that, in spite of the fact that the proposed warehouse is not rail connected, it will “bring an area of vacant and under-used land back into beneficial use and create a substantial number of jobs”. As such they express their support for the proposal.

One letter of representation has been received raising questions regarding the potential for noise issues and what the proposed RSU will be recycling.

Any other representations or significant issues not covered within this report will be reported orally to the Committee.

SITE/LOCATION:

Site of approximately 21.88 hectares (54.07 acres) including the site of the former Tessenderlo chemical works and incorporates parts of the adjoining Eddarbridge Site, sports playing fields, Marsh Brook and small area of land within the core area of the Ditton Strategic Rail Freight Park. The site is bounded by Desoto Road, Macdermott Road and Vickers Road.

RELEVANT HISTORY:

None directly relevant to this application.

UNITARY DEVELOPMENT PLAN DESIGNATION, KEY POLICIES AND SUSTAINABILITY OBJECTIVES:

The majority of the site was previously occupied by the former Tessenderlo works and is therefore designated as lying within a Primarily Employment Area in the Halton Unitary Development Plan. The site also includes: part of the Eddarbridge Industrial Estate designated as a Priority Employment Redevelopment Sites; the former West Bank Sports Ground designated Greenspace and part of the Greenspace System; and a relatively small area within an area allocated as a Regional Investment Site for the development of a Ditton Strategic Rail Freight Park. The development also includes areas of land with allocation as within the Potential Extent of the Ditton Strategic Rail Freight Park and developed Coastal Zone. The entire site falls within an area identified as an Environmental Priority Area. As such the following policies are considered to be of particular relevance: S20: Regional Investment Sites; GE6 Protection of Designated Greenspace; E7: Ditton Strategic Rail Freight Park; GE6 Protection of Designated Greenspace; GE10 Protection of Linkages in Greenspace Systems; GE12 Protection of Outdoor Playing Space for Formal Sport and Recreation; E2 Priority Employment Redevelopment Areas; GE30 Coastal Zone developed; and policies relating to pollution and risk. Supplementary Planning Document: Design of New Commercial and Industrial Development is also of relevance as is the 3MG Masterplan and draft Supplementary Planning Document.

OBSERVATIONS AND ISSUES:

Background

Permission (reference 05/00212/FULEIA) was previously granted on land directly to the west of the site to Drawbridge Securities and AHC Warehousing for a freight terminal to provide 78,308sq m of new distribution warehousing. Further permission was approved to amend the permission by Stobart Group in 2007 (reference: 07/00815/FULEIA) to include a substantial distribution centre, additional warehousing and ancillary development including diversion of adjoining watercourses.

The latest proposals are part of the ongoing efforts by Stobart Group to secure the long term redevelopment of the area as a prime location for warehousing and distribution to meet tenant demands in line with a developer led masterplan.

The Proposed Development

The application seeks permission for the remediation of the Tessenderlo site and adjoining land for the construction of a modern, purpose built distribution centre to be developed in two Phases. The site covers an area of approximately 21.88 hectares (54.07acres).

The site will be made suitable for development through re-profiling and remediation works which, subject to agreement by the Environment Agency, involve ‘capping’ the site with fill material (stabilised galligu) from elsewhere within the wider rail freight development area, will result in the raising of existing site levels. The existing site slopes gently from the south east towards the west. Levels also differ across the site which is substantially lower in many parts than the surrounding land and highways. It is currently proposed that the ground levels will be raised to approximately 11.75 metres AOD. To reduce the impact of the increased ground level to the southern and eastern parts of the site, the change in levels will be minimised and reduced in these areas as far as possible.

Completion of phase 1 will result in an approximate total floor area of 49,405 sq m (approximately 531,753 sq ft) including: • Distribution centre; • Offices for goods in and out; • Entrance lobby and reception; • Mezzanine to accommodate staff welfare facilities (toilets, showers, locker rooms etc); • Plant / technical services block; • Onsite recycling services unit (RSU) for the recycling of associated paper, cardboard and plastic and a washing facility for reusable trays • Intermediate wagon parking area. • Ancillary parking, service and storage areas including vehicle fuel island and vehicle washing facilities

The Phase 1 distribution centre will have a floor area of 38,861 sq m.

The proposal includes for the Phase 2 extension of the distribution centre to replace the phase 1 wagon parking area and provide: • A 15,950 sq m extension to the north elevation of the Phase 1 distribution centre; and • Vehicle Maintenance Unit (VMU) to the west of Marsh Brook.

The extended Phase 2 distribution centre will accommodate a total of 52,819 sq m of floorspace. The total floorspace of the resultant development equates to approximately 65,226 sq m (702,093 sq ft).

Scheme Justification and Policy Considerations.

The site is identified as lying predominantly within a Primarily Employment Area in the Halton Unitary Development Plan (UDP) for which Policy E3 seeks to secure such areas where employment is and will continue to be the predominant land use. The proposed development will create approximately 918 permanent full time jobs, including approximately 570 warehouse staff, 226 drivers and 122 office staff/managers, split over 3 shifts. An unspecified number of part time positions, during busy periods such as Christmas and Easter, will be created along with associated construction and related jobs. As such it is considered that the proposed B8 (storage and distribution) use is considered acceptable in principle.

Part of the adjoining Eddarbridge Industrial Area which will be incorporated within the site is allocated as a Priority Employment Redevelopment Area in the UDP and as such identified as suitable for employment redevelopment as it becomes vacant and is reclaimed as part of a wider redevelopment proposal.

The site is located approximately 30m to the north of the Mersey Estuary which follows the southern boundary of the site. The Estuary is allocated in the UDP as a Site of Special Scientific Interest (SSSI) (Policy GE18), a RAMSAR site (Policy GE17) and an Area of Special Landscape Value (Policy GE23). Remediation of the site will reduce the risk of contaminants entering the SSSI and a Phase 1 Habitat Survey and Nesting Birds Survey have been undertaken in order to avoid or effectively mitigate against any possible adverse environmental effects. These assessments conclude that by remediating the site and enhancing Marsh Brook along with other landscaping opportunities, the development will be beneficial to the area. The site is also located within the developed ‘Mersey Coastal Zone’ in UDP (Policy GE30) which requires proposals within these zones to pay particular attention to regeneration, environmental quality and improving accessibility to the coast. The site, and its surrounding area, is located within an ‘Environmental Priority Area’. For such areas UDP Policy BE3 seeks to improve the visual appearance and environmental standards

The south east corner of the site was originally occupied by the West Bank Sports Ground and allocated as a playing field in the UDP. This land is accepted as being essential for the delivery of the proposal to provide the scale of development and a layout that ensures viability of the scheme. It is considered that this can be achieved without any adverse impact on sports or recreation due to the successful relocation of the playing field to a new improved site at the Ted Gleave playing fields providing a beneficial community facility within the immediate local vicinity.

The north eastern corner of the proposed site is located within the ‘potential extent of the Ditton Strategic Rail Freight Park’ but not in the core area, as allocated in the UDP. The scheme does include a relatively small area of the designated core area of the Park for the development of a Vehicle Maintenance Unit (VMU). The current proposals do not include significant opportunity for movement of goods by rail largely due to the nature of products handled by the intended future tenant. The opportunity for future rail connectivity will however be maintained through the adjoining O’Connor operation and links to the wider freight park. The areas of land within the designated Potential Extent of the Ditton Strategic Rail Freight Park are considered small in relation to the overall park and the proposals must be considered in the context of the wider development masterplan. The application site is considered to provide a suitable location for a modern, sustainable storage and distribution development which will provide substantial regeneration and employment opportunities, improve the appearance of the site and be in keeping with the surrounding industrial area. The proposal will bring a derelict, contaminated employment site and surrounding areas back into beneficial use. As such it is considered that the proposals can be justified in terms of national and local policy.

Scale, Design and Character

In Phase 1 the distribution centre will have a total floor area of 38,861 sq m with wagon parking to the north of the building. In Phase 2 the building will be extended replacing the wagon parking area to provide distribution centre floorspace of 52,819 sq m. The main building will run from the north to the south of the site, with service areas to east and west and an asset storage area to the north. The distribution centre is specifically designed for modern day purposes and is designed to operate as effectively and efficiently as possible. A “goods out yard” will be located along the west side and “goods in yard” along the east with each having associated offices formed as part of the main building. The main reception and mezzanine level, which will provide employee welfare facilities such as locker rooms and toilets, are proposed to the east of the building adjacent to the employee access and parking area.

A service yard is proposed in the south east corner of the site, with access from Macdermott Road. This will provide vehicle washing facilities and a fuel island. A “recycling services unit” (RSU) will be situated within this yard, for the recycling of associated paper, cardboard and plastic, and will provide a washing facility for reusable trays. In phase 2 a vehicle maintenance unit (VMU) will be developed to the west of Marsh Brook which runs from north to south to the west of the distribution centre. Marsh Brook is currently blocked and the water supply will be re-established with engineering works to restore the channel with new lining and embankments, and new landscaping to enhance the brook. The existing outfall to the River Mersey has collapsed and the outfall pipe will be re-established to tie to the existing headwall at the bank of the River Mersey.

The distribution centre is 8.15 metres high to the parapet with a total height of 10.4 metres to the ridge. The first floor mezzanine facility has a height of 12.80m. The RSU has a maximum height of 10.36m to the ridge and the VMU a total height of 10.25m.

The buildings will be constructed predominantly of composite cladding in white with vehicle docking doors to both sides and glazing areas to the main entrance and office elevations of the main building. Whilst substantial, the building and use are considered to be of a scale and quality suited to the location and in keeping with the wider development aspirations of the Ditton Strategic Rail Freight Park area. Discussions are ongoing with the developer regarding areas of external storage including bins and skips, to ensure that appropriate screening can be provided. Members will be updated as required.

Drainage and Flooding

The proposed development is within an area liable to flooding and the proposal includes substantial areas of hard surfacing and roof space which itself can impact on potential flooding elsewhere. The application is therefore supported by a Flood Risk Assessment in accordance with Planning Policy Statement 25 on Development and Flood Risk. This is currently being considered by the Environment Agency but it is considered that this matter can be satisfactorily resolved through the supply of additional information and/ or conditions. Members will be updated as required.

Highways and Access

The existing highway network incorporating private estate roads and adopted highway network will be upgraded to facilitate efficient access/egress for the site with vehicles accessing and exiting the site via an upgraded roundabout with Desoto Road and Macdermott Road. A pedestrian walk way is located alongside Macdermott Road leading to the car park entrance and a bus lay- by/drop off point with pedestrian crossing to allow pedestrians to access the site and buildings safely.

Approximately 635 employee car parking spaces will be provided to the north- east of the site with access taken from Macdermott Road. It is considered that adequate provision can be made for motorcycle and cycle parking adjacent to the main car park within the scheme.

Discussions are ongoing with the developer regarding the exact details of roundabout design and highway layout but it is considered that adequate provision can be made for access, servicing and parking within and surrounding the site. It is widely acknowledged through the submission that the proposals will result in substantial additional vehicle flows in the area including the Silver Jubilee Bridge. Such flows are considered largely inevitable given the nature of such operations. Such issues are however considered to add further weight to the Council’s arguments for the Mersey Gateway Project and should not stand in the way of the ongoing development and regeneration of the area.

Land Contamination

The site is known to have a history of previous contaminative uses with associated risk to future occupiers and potential impacts on controlled waters. This development offers an opportunity to remediate an area of previously contaminated land and bring it back into beneficial and safe use. A Site Investigation has been carried out to confirm the ground conditions and a Site Remediation Plan is included in the application. These documents identify that the first major stage of the development will involve soil stripping, vegetation clearance, and services isolation. A haul road will be constructed from the neighbouring site across Desoto Road to the Tessenderlo site. The site will then be ‘capped’ with treated (lime stabilised) galligu. The treated material will be placed in layers across the Tessenderlo site, which requires substantial volumes of material to achieve suitable finished ground and floor levels. Throughout the earthworks operation dust suppression will be provided as required. Members will be aware that groundworks have commenced on site in order to meet tight deadlines set by the proposed future tenant. These works are being undertaken at risk but in consultation with the Councils Environmental Health Officers and the Environment Agency.

The submitted reports and remediation strategy are currently being assessed and the Councils Environmental Health Officer and the Environment Agency have requested additional information relating to contaminated land and the potential risk to controlled waters including appropriate remediation strategy. It is considered that these matters can be resolved through additional information and likely addressed through appropriate conditions. Members will be updated accordingly.

COMAH Assessment

The proposed development lies within the statutory consultation zone of nearby top tier COMAH sites. The Health and Safety Executive which is a statutory consultee for such developments within the consultation distance of major hazard installations and has confirmed its opinion that there are sufficient reasons, on safety grounds, for advising against the granting of planning permission in this case. Members should be aware that, whilst the consents to store hazardous substances have not been formally revoked, these COMAH sites, Tessenderlo and BOC, no longer exist and the installations have been removed.

It is therefore considered that such risk levels are, in reality, substantially reduced and that the principles of UDP Policy PR12 can be satisfied in this case. The HSE have therefore been advised of the Councils potential intention to approve this application and their response is awaited regarding their intentions to call in the application. Members will be updated fully as required.

Landscape and Visual Character

The scale of the development has been heavily influenced by an international retailer’s requirements for a large scale distribution centre. The proposals will replace the existing vacant former chemical works and mix of run down buildings and low grade industrial activities. It is suggested that the proposals will represent the first stage in the wider, coordinated development of the rail freight park which it is considered will result in a considerable improvement to the existing landscape character of the area.

The scale of the development has required the removal of a substantial number of trees which originally bounded the site and the loss of an area of green space. The nature and scale of the operation provides limited opportunity for landscaping within the development itself. Whilst offices fronting the Mersey would normally be the ideal, the scale of the building and the specific operation dictate that the gable end of the warehouse building and other utilitarian functions such as vehicle wash and fuelling area will front the Mersey and Trans Pennine Trail. Scope for landscaping within the scheme will be largely limited to the boundaries of the site with some scope to secure planting along the Mersey Estuary elevation. Detailed proposals have also been supplied for the upgrading of Marsh Brook. Discussions are ongoing with the developer regarding the potential for maximising landscaping which may include off site works but it is acknowledged that this must not affect the viability of the scheme and the wider acknowledged benefits this will bring. Members will be updated as required.

Overview and Conclusions

The application seeks to provide a substantial development of new distribution warehousing meeting the requirements of an international retailer. The current site is situated within an area that has a long history of industrial development. Some of the development, and particularly that associated with the chemical industry, has resulted in complex contaminated land and associated environmental issues requiring substantial remediation. The site currently provides a cleared former chemical works and mix of run down buildings and low grade industrial activities and is therefore widely accepted not to be fulfilling its potential.

The UDP sets down a range of protective policies intended to minimise the impact of the development on the local communities, the environment, and the surrounding road network. The site is separated from residential properties further to the east (approximately 0.5km) by the west coast main line viaduct and the A533 Queensway rising approximately 5 metres above the site. This forms a large and significant physical barrier between the site and residential areas protecting residential amenity. Reports in support of the application demonstrate how the majority of the development impacts will be satisfactorily addressed and how, together with ongoing negotiation and investigation, appropriate mitigation measures can be secured particularly in relation to ground and water contamination.

Discussions are ongoing with the applicant to agree contributions by means of legal or other agreement towards relevant highways, transport and/ or landscape/ habitat improvements and to provide all reasonable incentives to encourage travel by modes of transport other than the car and members will be updated accordingly.

The site is predominantly within a Primarily Employment Area and Priority Employment Redevelopment Area in the Halton UDP. It is considered that adequate mitigation has been provided for the loss of greenspace and the former playing fields. Whilst not rail related in its own right, it is considered that the proposed scheme will sit comfortably with the adjoining proposed Ditton Strategic Rail Freight Park and could form the genesis of a high quality, intermodal freight facility in accordance with the aims of national, regional and local policy. The scheme promises the attraction of considerable inward investment creating significant numbers of jobs and, as such, is recommended for approval.

RECOMMENDATION:

1) That the application be approved subject to:

a) the applicant entering into a legal or other appropriate agreement for a developer contribution towards highway improvements, public transport provision, landscaping/ habitat works and/ or upgrading of watercourses as required.

b) Conditions relating to the following:

• Requiring the development to be carried out in accordance with the approved phasing plan and requiring conditions for each phase to be discharged in accordance with the specified timescale for each phase (BE1) • Specifying the approved use(s) (E3) • Requiring submission and agreement of materials (BE2) • Requiring submission and agreement of boundary treatments (BE22) • Requiring submission and agreement of detailed landscape works (BE2) • Restricting areas and height of external storage (E5) • Control of installation/maintenance of external lighting (PR4) • Ground Investigation and mitigation (PR14) • Requiring development be carried out in accordance with agreed site and finished floor and ground levels (BE1) • Laying out of access/parking and servicing (BE1) • Securing provision of bus lay-by (TP1) • Securing screening of vehicle was and fuel island (TP10) • Drainage and protection of watercourses (PR5) • Submission and agreement of details relating to bin storage (BE1) • Provision of cycle parking (TP12) • Requiring wheel cleansing facilities throughout construction phase (BE1) • Restricting construction and delivery hours (BE1) • Agreement and implementation of travel plan (TP16) • Grampian conditions securing works to upgrade Marsh Brook and associated landscaping/ habitat creation, highway works and pedestrian/ cycle works.

2) That if the S106 Agreement or alternative arrangement is not executed within a reasonable period of time, authority be delegated to the Operational Director – Environmental and Regulatory Services in consultation with the Chairman or Vice Chairman of the Committee to refuse the application on the grounds that it fails to comply with Policy S25 (Planning Obligations).