APPLICATION NO: 13/00479/S73 LOCATION: Land at Sandymoor, PROPOSAL: Application under S73 of the Town and Country Planning Act to vary conditions 6, 7, 23, 24, 28, 31,32 and 33 of Planning Permission 09/00129/OUT to allow use of Walsingham Drive as a construction access and residential access. WARD: PARISH: Sandymoor CASE OFFICER: Glen Henry AGENT(S) / APPLICANT(S): Ms Rhian Davitt, Homes And Communities Agency. DEVELOPMENT PLAN ALLOCATION: The site covers allocated Housing Halton Unitary Development Plan Sites in the Halton Unitary (2005) Development Plan. It also covers areas of designated Green Space and Important Landscape Features and proposed Greenways. DEPARTURE No REPRESENTATIONS: 10 letters of objection received

RECOMMENDATION: Approve subject to Conditions. SITE MAP

1. APPLICATION SITE 1.1 The Site and Surroundings

Site of approximately 27.95 Ha located within the Sandymoor South development area. The Site is located on the eastern edge of Runcorn, bounded by the to the west and south. To the east lies Bog Wood and the Manchester - Railway Line and to the north, the Sandymoor Free School is currently under construction on land to the north.

1.2 Planning History

The site has a history of planning applications and decisions. Outline planning permission 09/00129/OUT was approved in June 2009 and confirms the principle of residential development for an area measuring approximately 27.95 Ha referred to as Sandymoor South. 09/00129/OUT provides planning consent for up to 469 dwellings and was granted with all matters reserved for subsequent approval. The consent is due to expire in June 2019.

Outline planning permission 06/00318/OUT was approved in July 2006 for 149 dwellings on approximately 4.9ha referred to as ‘Site 12’. That planning permission was superseded by 09/00129/OUT.

Outline planning permission 07/00111/OUT was approved in May 2007 for up to 320 dwellings on approximately 22 ha of land at Sandymoor South. That planning permission was superseded by 09/00129/OUT

A parallel application (13/00478/FUL) is also being considered for proposed phased highways infrastructure works.

1.3 Background

The site and all the surrounding land is owned and controlled by the Homes and Communities Agency (HCA) and has been formally designated for development since the 1960s and more specifically since the publication of the Runcorn New Town Master Plan

Outline permission 09/00129/OUT) for 469 dwellings was approved by Committee in June 2009. This application, along with parallel application 13/00478/FUL has been submitted with the intention of implementing the outline consent. The HCA has stated its intention to tender for expressions of interest from developers for residential development in the near future.

2. THE APPLICATION

Proposal Description

The application seeks to vary conditions of earlier Planning Permission 09/00129/OUT for residential development to allow use of Walsingham Drive as a construction access and residential access. It is proposed that the main means of vehicular access into Sandymoor South for both construction traffic and long term residential traffic will be via Walsingham Drive. The proposed variations also seek to delete a condition considered to be outdated by a change in policy circumstances and update reference within conditions to include reference to the Sandymoor Drainage Strategy.

The site has existing access from adopted Walsingham Drive and unadopted, private access Windmill Hill Avenue East although this latter connection is not currently open to motorised vehicular traffic. It is indicated that the Windmill Hill Avenue East route may in future provide a further supplementary connection for motorised traffic.

2.1 Documentation

The planning application is submitted in full with all matters for approval supported by:

1. Planning Statement (AECOM, 2013); 2. Design and Access Statement (DAS) (AECOM, 2013); 3. Transport Assessment incorporating Residential Outline Travel Plan and Construction Impact and Management Assessment (AECOM, 2013); 4. Sandymoor Drainage Strategy 2013 (AECOM, 2013);

3. POLICY CONTEXT

3.1 National Planning Policy Framework

The National Planning Policy Framework (NPPF) was published in March 2012 to set out the Government’s planning policies for and how these should be applied.

Paragraph 196 states that the planning system is plan led. Applications for planning permission should be determined in accordance with the development plan unless material considerations indicate otherwise, as per the requirements of legislation, but that the NPPF is a material consideration in planning decisions. Paragraph 197 states that in assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development.

Paragraph 14 states that this presumption in favour of sustainable development means that development proposals that accord with the development plan should be approved, unless material considerations indicate otherwise. Where a development plan is absent, silent or relevant policies are out of date, planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF; or specific policies within the NPPF indicate that development should be restricted.

NPPF was published 2012, after the approval of 09/00129/OUT. Within it Central Government has stated the importance it places on ensuring that the planning system remains a positive, but streamlined, influence over development rather than a hindrance.

Paragraph 206 states that “planning conditions should only be imposed where they are; (1) necessary, (2) relevant to planning and (3) to the development to be permitted , (4) enforceable, (5) precise and (6) reasonable in all other respects.” Such guidance acts to reinforce similar and more detailed guidance provided in the form of Circular 11/95: Use of conditions in planning permission.

3.2 Halton Unitary Development Plan (UDP) (2005)

The proposals fall predominantly within allocated Housing Sites in the Halton Unitary Development Plan and in the Supplementary Planning Document for Sandymoor. It also covers areas of designated Green Space and Important Landscape Features and proposed Greenways.

3.3 Halton Core Strategy (2013)

The Core Strategy provides the overarching strategy for the future development of the Borough.

3.4 Relevant SPDs

The adopted Sandymoor SPD is of relevance.

3.5 Other Material Considerations

Circular 11/95: Use of conditions in planning permission is of particular relevance.

4. REPRESENTATIONS

1. CONSULTATIONS

1.1 HBC Highways– No objection in principle

1.2 National Grid – No objection.

1.3 The Woodland Trust - No objection

1.4 The Environment Agency- No objection

1.5 Natural England – Comments Expected to Follow

1.6 Wildlife Trust - Comments Expected to Follow

1.7 Sandymoor Parish Council - Comments Expected to Follow

1.8 Bridgewater Canal Company Limited (BCCL) – Questions the clarity around whether it is the intention to abandon the Windmill Hill Avenue East vehicular/construction route or whether it might ultimately form part of a wider access link; That the local plan identifies the Windmill Hill Avenue Route as an “All Purpose Route” and a “Strategic Gateway” and indicates a requirement for a pedestrian/ cycle/ emergency vehicle link; That BCCL has no specific comments to make and trusts that the Council will secure appropriate access arrangements for communities of Sandymoor and surrounding areas and will continue to seek that development makes the most of its potential interface with the canal and make appropriate contributions to its ongoing enhancement and maintenance.

2. REPRESENTATIONS

2.1 10 letters of objection have been received raising the following issues:

• Impacts of construction traffic using residential roads • Traffic levels within the surrounding area would detriment highway safety and potentially endanger local children. Create an unsafe highway. • That a previously approved alternative and more suitable route for construction traffic exists which would have less impact • Damage to the existing roads within Sandymoor. • Increased noise and pollution during construction. • Congestion and impacts that the construction will bring for the next 7 to 15 years. • Loss of property value during construction. • Impact on ecology. • Dirt and air pollution from construction vehicles.

3. ASSESSMENT

The application seeks to vary conditions of earlier Planning Permission 09/00129/OUT for residential development to allow use of Walsingham Drive as a construction access and residential access. The proposed variations also seek to delete a condition considered to be outdated by a change in policy circumstances and update reference within the conditions to include reference to the Sandymoor Drainage Strategy.

The applicant has indicated that Condition 30 of the permission (stating that “Within 18 months of the commencement of development details shall be submitted of any improvements necessary for the adoption of the Canal Bridge structure.”) should also have formed part of this application for variation/ removal but was missed in error from the application. It is suggested that a future application to vary that condition will follow. Subject to the Committees resolution on this application, that application is proposed to be determined under delegated powers.

The application does not seek to revisit the principle of development as already approved.

Conditions of any planning permission must be accompanied by a stated reason for the conditions. In this case, on permission 09/00129/OUT, all stated reasons for the conditions are stated as being “in the interests of highway safety” only with no reference made to the amenity of local residents.

Paragraph 203 of the National Planning Policy Framework (NPPF) states that “Local Planning Authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions”. Paragraph 206 states that “planning conditions should only be imposed where they are; (1) necessary, (2) relevant to planning and (3) to the development to be permitted , (4) enforceable, (5) precise and (6) reasonable in all other respects.” Such guidance acts to reinforce similar and more detailed guidance provided in the form of Circular 11/95: Use of conditions in planning permission.

It further appears that the means of access from Windmill Hill Avenue had been volunteered by the applicant in relation to the early planning applications. This was not justified by any evidence arising through the determination of any planning application. In such cases circular 11/95 clearly states that “an unreasonable condition does not become reasonable because an applicant suggests it or consents to its terms”.

Justification and Rationale

The applicant indicates that it has been tasked by Government and Department for Communities and Local Government (DCLG) to dispose of public sector land assets swiftly to promote the delivery of new housing, secure local economic growth and maximise receipts for the public purse. Sandymoor is a strategic asset for the Agency and has long been identified for housing development. Given its importance, the site has recently been earmarked for Public Land Infrastructure Funding (PLIF) to accelerate the delivery of primary infrastructure, which follows-on from investment by HCA in the northern part of Sandymoor to release a first phase of housing (circa 205 units) and the new Free School site. A key requirement for PLIF is for HCA to make the investment and ensure housing starts on-site by March 2015.

The HCA has therefore submitted a detailed planning application (13/00478/FUL) to construct a further section of the primary highway and a Section 73 application (13/00479/S73) to vary planning conditions of the extant outline planning permission. The existing outline consent at Sandymoor South is for 469 dwellings but at this stage the HCA advise that they are not intending to bring the whole of this land forward for development within the short term. The application seeks to vary 8 planning conditions. The application seeks to vary conditions of earlier Planning Permission 09/00129/OUT for residential development to allow use of Walsingham Drive as a construction access and residential access. This includings a variation to the existing condition (no 28) which restricts construction traffic coming from Windmill Hill Avenue. This condition is stated to have been voluntarily entered into by the HCA at the time, when it assumed that the southern sites would be taken forward ahead of the land to the north In practice, the northern sites have been progressed more rapidly and attention is now turned to progressing the first phase at the south with infrastructure (including power and utilities) closer to Walsingham Drive.

The HCA indicate that most cost effective and timely way to bring this initial phase forward is to ‘connect’ into the adjacent points of access and utilities, hence the request to release HCA from the planning condition that prohibits construction traffic from using Walsingham Drive.

Highways and Construction Impacts

The application is supported by a Transport Assessment and a draft Construction Impact Assessment and Management Plan.

Accident data was obtained for the latest five year period covering the extent of the local highway network in the vicinity of the development site. The accident analysis suggests that in general there is a low collision occurrence rate at the key junctions within the study area. A cluster of accidents occurred at the Daresbury Expressway / Pitts Heath Lane / Wharton Lane junction, however, this junction is subject to a committed highway improvement scheme, which will improve capacity and consider previous accidents in its design. It is indicated that the development would not have an adverse impact on the safety record on the local highway network in the vicinity of the site.

It is proposed to provide access to the development site via an extension of Walsingham Drive. It is anticipated that the development will therefore connect to the wider highway network via the existing Pitts Heath Lane / Walsingham Drive / Malmesbury Park roundabout. The design of Walsingham Drive is considered adequate for use as the primary access road for the future residential development including associated construction traffic. This is supported by the findings of the Transport Assessment and agreed by the Council’s Highways Engineer.

It is acknowledged by both the applicant and the Highway Authority that there could be some issues with the ability of Walsingham Drive carriageway construction to withstand the number of HGVs proposed over the likely duration of construction, without some deformation of the carriageway pavement. However the applicant has been open about this fact and their report recommends a monitoring regime and potential mitigation measures, which the Council would seek to secure by appropriate agreement. The Highway Authority would also require remediation of any deterioration of the carriageway and pavement attributed to the construction traffic.

With regards to vehicle numbers it is advised that the stated figure of 28504 quoted is the total number of HGV movements over 7 years. The traffic report submitted with the application breaks this down into a maximum number of daily movements of 36 HGVs during construction ( i.e. 18 in and 18 out). This is stated as a maximum occurring during limited periods. On this basis it is advised that the feared capacity problems will not occur.

The application is accompanied by a draft Construction Impact Assessment and Method Statement including recommendations with regards measures to reduce construction impacts. Based on the expected traffic flows the change in noise level is predicted to result in a minor magnitude impact.

Mitigation measures to minimise the potential impact of construction vehicles include the following:

• Scheduling of large/long construction delivery vehicles to least noise sensitive times of the day – when are these? If these are during the working day, they will by definition by during those times when school children are about; • Time slots for bulk deliveries to ensure that convoys of vehicles do not arrive simultaneously; so where will they wait in the meantime, other residential roads? • Strict control to prevent temporary parking on kerbside nearby the construction works; who will enforce and how? • The use of sufficient clear signage to ensure that construction vehicles use only designated routes; • Keeping the access routes clear of mud/ use of road sweeper; • Restrictions on times when construction traffic can use the access road; you will be asked when these will be, do we know? and • Regular communication with local residents and have a complaint number/ contact person.

All of the above measures are included within the draft Construction Traffic Management Plan. It is considered that a full detailed plan can be adequately secured by condition along with a condition relating to wheel cleansing for construction traffic. A condition restricting hours of construction and deliveries is already attached to the original planning permission.

The Council’s Environmental Health and Highways Officers have been consulted on the application. Whilst a number of technical questions have been raised if I was an objector or a concerned Councillor I would want to know what these are and whether they are capable of resolution neither raise objection in principle to the proposals and it is considered that any outstanding issues can be adequately resolved.

A number of objectors have stated their view that there exists an alternative and preferable means of access for construction traffic . Officer advice has confirmed that Walsingham Drive is capable of accommodating the anticipated levels of construction traffic and that the evidence indicates that construction traffic is not likely to result in significant highway safety issues or loss of amenity to residents. On this basis it is considered that any efforts to restrict construction traffic routeing to an alternative route by condition would fail the six tests for planning conditions as outlined by circular 11/95 and as such could not be considered valid and would be unenforceable.

4. CONCLUSIONS

The application seeks to vary conditions of earlier Planning Permission 09/00129/OUT for residential development including allowing the use of Walsingham Drive as a construction access and residential access. The applicant states that variation of the conditions would aid the feasibility and deliverability of future residential development in the Sandymoor area.

The principle of development of the site is established through the Halton UDP designation. The land at Sandymoor South already has the benefit of an extant outline planning permission for up 469 dwellings (09/00129/OUT). It is considered that on the basis of the evidence and advice of relevant officers of the Council that Walsingham Drive is capable for use as the primary access road for a residential development of the size approved including associated construction traffic. This is supported by the findings of the Transport Assessment as agreed in principle by the Council’s Highways Engineer. It is also considered that sufficient regard can be given to minimising impact on residents through the imposition of planning conditions and that refusal of planning permission or conditions preventing use of the available routes for construction access proposed cannot be justified in this case.

RECOMMENDATIONS

Approve subject to:

(a) The applicant entering a legal or other appropriate agreement securing the condition survey, monitoring and repair/ reinstatement of Walsingham Drive and routes to the Daresbury Expressway, and

(b) Conditions being varied/ added as follows:

Original Condition Wording Recommended variation

“(6) Prior to the commencement of Prior to any connection to allow development details shall be access or egress to/ from the site submitted showing works to bring and Windmill Hill Avenue East by the Windmill Hill Avenue East motorised traffic details shall be connection up to an adoptable provided for a scheme of works to standard, including bend bring that connection up to an realignment, new footway and adoptable standard for its full length, cycleway connections.” including bend realignment, new footway and cycleway connections which shall be submitted to and agreed in writing by the Local planning Authority. Such details shall include a timetable for implementation and shall be carried out as approved.

“(7) Prior to the commencement of Prior to any connection to allow development details shall be access or egress to/ from the site submitted showing off-site works and Windmill Hill Avenue East by to the existing highway to motorised traffic, a scheme of works add/upgrade footways/footpaths to that connection and including off as agreed with the Local planning site highway works to Windmill Hill Authority linking Windmill Avenue Avenue East, to add/upgrade East to the development sites, to footways/footpaths to provide be agreed in writing by the Local pedestrian and cycle links along its Planning Authority.” full length linking the site and connecting onto Windmill Avenue East shall be submitted to and agreed in writing by the Local planning Authority. Such details shall include a timetable for implementation and shall be carried out as approved.

“(23) Prior to the commencement Delete Condition - The condition of each phase of development, was attached in response to policy details shall be provided to contained within the Regional demonstrate through submission Spatial Strategy which has now of an Energy Strategy, how 10% been abolished. The reason for of that phase of developments applying this condition no longer predicted energy requirements are applies. to be met from the decentralised renewable or low-carbon sources. The Strategy shall be submitted for the approval of the Local Planning Authority and shall propose the use of on-site generation unless it can be demonstrated that this is not feasible or viable. Work on that particular phase shall not commence until such time as the local planning authority has given written confirmation that it is satisfied with the proposed strategy and once approved the requirements of the strategy shall be implemented prior to the first occupation of the buildings and maintained throughout the lifetime of that development.” “(24) No phase of development of No phase of development shall each phase approved by this permission shall commence until commence until a scheme for the the scheme for the management management of overland flow from of overland flow from surcharging of the site’s surface water surcharging of the site’s surface drainage systems for that phase water drainage system for that has been submitted to and approved in writing by the Local phase has been submitted to and Planning Authority. The development hereby approved for approved in writing by the Local each phase shall only be carried Planning Authority. The out in accordance with the development for each phase shall approved Flood Risk Assessment be carried out in accordance with (FRA) from Jacobs Engineering those details as approved, the re:B0342100 and the following approved Flood Risk Assessment mitigation measure detailed within (FRA) by Jacobs Engineering the FRA.” (report ref B0342100 December 2008) and the Sandymoor Drainage Strategy by AECOM (report ref

60272103/3519/DSR001, November 2013)

“(28) All construction traffic and Prior to the commencement of development on any phase of construction delivery traffic shall development hereby approved a access the sites via Windmill Hill detailed Construction Management Avenue East and at no time via Plan having regard to the proposed Walsingham Drive unless mitigation measures listed in the otherwise agreed in writing by the submitted transport assessment and including details for the routeing and Local Planning Authority.” management of construction traffic and construction delivery traffic to demonstrate how potential highway safety and residential amenity impacts will be minimised shall be submitted to and agreed in writing by the Local Planning Authority. The development for each phase shall be carried out in accordance with the approved Construction Management Plan for that phase.

“(31) Prior to the occupation of the Prior to the occupation of the 149 th 149 th dwelling or within 4 years dwelling a detailed plan for after the commencement of emergency access to and from future development sites including development whichever is the timetable for implementation shall sooner, the details as be submitted to and approved in writing by the Local Planning approved for works to bring the Authority. That plan may include a windmill hill avenue east programme to bring a connection for connection road up to an motorised traffic to Windmill Hill Avenue East up to an adoptable adoptable standard, including standard. The plan shall be carried bend realignment, new footway out as approved. and cycleway connections and assessment and any improvements necessary for the adoption of the canal bridge structures shall be implemented to the full satisfaction of the Local Planning Authority.”

“(32) Prior to the occupation of the Delete Condition – requirements 149 th dwelling or within 4 years superseded by conditions 6 and 7 after the commencement of as amended. development whichever is the sooner, the details as approved for off-site works to the existing highway to add / upgrade a footway / footpaths as agreed with the Local Planning Authority linking Windmill Hill Avenue East to the development sites shall be implemented to the full satisfaction of the Local Planning Authority.” “(33) Prior to the occupation of the Prior to the occupation of the 149th 149 th dwelling constructed on the dwelling a scheme of off-site first phase of development, highway works to provide speed provision of an agreed traffic reduction measures for motorised calming scheme shall be provided traffic along Walsingham Drive has for use by residential traffic only, been submitted to and agreed in along Walsingham Drive to the writing by the Local Planning satisfaction of the Local Planning Authority. The scheme shall include Authority, unless otherwise agreed a detailed timetable for in writing by the Local Planning implementation and shall be carried Authority.” out as approved. The following additional condition is also recommended:

Prior to the commencement of the development hereby approved, details of wheel cleansing facilities for heavy commercial and site vehicles shall be submitted for the approval of the Local Planning Authority. Such details as are approved shall be implemented, maintained and used by all heavy commercial and site vehicles with an operating weight greater than 3 tonnes before leaving the site throughout the construction period of the development.

(c) That if the S106 Agreement or alternative arrangement is not executed within a reasonable period of time, authority be delegated to the Operational Director – Policy, Planning and transportation in consultation with the Chairman or Vice Chairman of the Committee to refuse the application.

(d) That the Committee is satisfied that any future application for the removal or variation of Condition 30 (stating that “Within 18 months of the commencement of development details shall be submitted of any improvements necessary for the adoption of the Canal Bridge structure.”) of outline planning permission 09/00129/OUT is to be determined under delegated powers.

1. SUSTAINABILITY STATEMENT As required by: • Paragraph 186 – 187 of the National Planning Policy Framework; • The Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012; and • The Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2012. This statement confirms that the local planning authority has worked proactively with the applicant to secure developments that improve the economic, social and environmental conditions of Halton.