Professor Steven Broomhead
Chief Executive
To: Members of the Development Management
Committee
Town Hall
Sankey Street
Warrington WA1 1UH
Councillors: Chair – J Grime P Carey, G Friend, B Maher, T McCarthy, L Morgan, K Mundry, R Purnell, S Wright, J Wheeler, B Barr, S Parish.
22 September 2020 Development Management Committee
Wednesday, 30 September 2020, 6.00pm Venue – This meeting will take place remotely in accordance with the Coronavirus Act 2020 - Section 78
Members of the public can view this meeting by visiting
www.warrington.gov.uk/committees
Agenda prepared by Jennie Cordwell, Senior Democratic Services Officer –
Telephone: (01925) 442139 E-mail: [email protected]
A G E N D A Part 1
Items during the consideration of which the meeting is expected to be open to members of the public (including the press) subject to any statutory right of exclusion.
Item
- 1.
- Apologies for Absence
To record any apologies received.
- 2.
- Code of Conduct - Declarations of Interest
Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012
1
Members are reminded of their responsibility to declare any disclosable pecuniary or non-pecuniary interest which they have in any item of business on the agenda no later than when the item is reached.
Item 3.
Page No.
Minutes
4
To confirm the minutes of the meeting held on 2nd September 2020 as a correct record.
- 4.
- Planning Applications
21
Report of the Director of Growth 2018/32247 - FORMER PARKSIDE COLLIERY TO THE EAST OF THE A49, WINWICK ROAD, NEWTON-LE- WILLOWS, WA12 8DB
23
2020/36900 - WARRINGTON ROAD, HATTON, WARRINGTON
285 307
2020/37026 – BRIDGE FARM, DAM LANE, RIXTON WITH GLAZEBROOK, WARRINGTON, WA3 6LE
330 351
2020/36842 – ARLEY LANDFILL SITE, FORREST WAY, WARRINGTON, WA4 6YZ
- 5.
- Appeal Decisions Summary
Report of the Director of Growth
Part 2
Items of a “confidential or other special nature” during which it is likely that the meeting will not be open to the public and press as there would be a disclosure of exempt information as defined in Section 100I of the Local Government Act 1972.
Nil
2
Agenda Item 3
DEVELOPMENT MANAGEMENT COMMITTEE
2 September 2020
Present:
Councillor J Grime (Chairman) Councillors P Carey, K Mundry, L, Morgan, G Friend, B Barr, S Parish, and T Jennings (substitute for S Wright)
This meeting was held remotely in accordance with the Coronavirus Act 2020 – Section 78
DM188 Apologies for Absence
Apologies for absence were received from Councillors T McCarthy, S Wright and B Maher.
DM189 Code of Conduct – Declarations of Interest
Councillor B Barr
Minute DM194
- Reason
- Action
Former Member of Helena Housing Board who
Remained in the meeting and took part in discussions previously managed and vote the site
- S Parish
- DM192 & DM193
- Ward Member for
area, also had previous contact with applicant for community use of site and also
Stood down from the committee and took no part in the discussions or votes
corresponded with objectors
- T Jennings
- DM194
- Member of the
Torus 62 Board
Stood down from the committee and took no part in the discussions or vote
3
Agenda Item 3
DM190 Minutes
Resolved,
That the minutes of the meeting held on 12 August 2020 were agreed as a correct record and signed by the Chairman, subject to the following amendment;
DM179 – Code of Conduct – Declaration of Interest
- S Parish
- DM182 & 183
- Member Omega
Partnership Liaison Committee
Remained in the meeting and took part in discussions and vote
DM191 Planning Applications
Resolved,
That Pursuant to the Town and Country Planning Act 1990 (As Amended) the applications for permission to develop land be considered and dealt with in the manner agreed.
- DM192 2020/36670
- -
- GULLIVERS WORLD THEME PARK, SHACKLETON CLOSE,
BURTONWOOD AND WESTBROOK, WARRINGTON, WA5 9YZ - Full Planning (Major) - Construction of welcome suite / staff headquarters (300sq.m), pet resort (500sq.m), spa (258sq.m) and facilities building (300sq.m), provision of covered cycle storage (sheffield racks) and change of use to camping/touring caravan site; siting of 5no. double-unit static caravans to form group accommodation; and change of use of existing forestry management building to store/workshop (216sq.m) together with erection of fencing, ground works, provision of hard surfaces and parking areas, drainage infrastructure, hard and soft landscaping and excavation of surface water attenuation pond
The Director of Growth submitted the above report with a recommendation for approval subject to conditions.
Members noted the content of the update report. Members received a further 5 written representations against the application which are detailed as follows;
(1) The pet centre includes stables. Horses should not be permitted as they may attempt to bolt when scared by noise. They would injure themselves, and this facility should be denied.
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Agenda Item 3
(2) Kennels are notorious for being very noisy as dogs will naturally bark at levels between 90 and 100dB. This is why they are always placed away from residential areas. With 67 holiday chalets and a “tranquillity” spa only metres away, the kennels will cause unacceptable noise levels to guests in the park, and also to local residents. It is noted that the report from WBC Environmental Health (noise) has been included in the conditions imposed on the site.
(3) The layout of the pet centre shows kennels approximately 6ft x 4ft, with no account of different dog sizes. There will be no exercise area other than one outside the kennels. Dogs will be imprisoned and will bark to be let out.
(4) The inclusion of 114 car parking spaces and a range of buildings will have a severe effect on the runoff of rainwater, which is presently taken up by the land and it’s trees before it drains into the watercourse. Petrol interceptors will be essential across the various car park locations, but these are not mentioned.
(5) Cheshire Wildlife Trust objections have not been taken into account, and Woodland
Trust objections have not been fully answered. Those organisations have not been given the opportunity to disagree with the report, and approval should be withheld until they have the opportunity to respond.
(6) The report sees no problem with the additional transport needs, when viewed in isolation. However the existing Cromwell Avenue congestion is already aggravated by new housing estates approved by WBC. There has to be a point where nonessential traffic should be restricted to avoid total gridlock.
(7) The retention pond is no longer as stated in the drainage report, as size has been changed but no calculations of capacity have been given to show the retention capability.
(8) I object in principle to the applications as being unsuited to the area, and unwanted by large numbers of local residents who have taken time to object formally to the plans. The case officer’s report merely lists the objections as one-liners without any attempt to justify whether that are material or not. It is recognised that many of our objections have been addressed by the imposition of conditions, but approval is still recommended rather than rejection pending resubmission. He proposes approval despite the level of local opposition. The Committee should consider the views of their own constituents, rather than approving a dubious plan, with many inconsistencies, which favours the developer whose contribution to rates is a small percentage of rates paid by residents. These applications should be rejected, with instructions to the applicant to review his entire proposal, and submit a plan which is consistent in itself, and complies with all regulations.
(9) I would like to object to this development as it will destroy ancient parts of woodland and also put extra strain on the roads in the area which are too busy anyway.
- (10)
- Planning Application Form - Form requires the following information to be
provided: 7. Materials - Does the proposed development require any materials to be used? Yes - Please provide a description of existing and proposed materials and finishes to be used (including type, colour and name for each material): For Roofs, Walls, Windows and Doors the stock answers is: “See Plans and Planning, Design and Access Statement” - I have examined the Drawings and the Design and Access Statement and cannot find any of the information promised by this submitted form.
- (11)
- There is no Planning Condition in regarding this, even house extensions require
this information. This provides Gulliver’s World with the ability to do as they please.
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Agenda Item 3
- (12)
- This Planning Permission cannot be granted based on this Report. Documents
Supplied with the Application in March 2020 - Five documents were supplied with the Application which show an intent to deceive in my opinion. Geo-environmental report (Phase I)-Clarke Bond-WB04362 This document was written by a person who has lied about Professional Qualifications. I do not believe that Gulliver’s World were aware of this. Geo-environmental report (Phase II)-Egniol-OS7057. This document does not relate to the Application site and is irrelevant. Himalayan Balsam Management Document was written for different site but has been submitted (verbatim) for this site – It says, “areas of infestation are not directly affected by the development proposals”, which is patently not true – refer Rachel Hacking Report June 2020, which says HB is 80% of ground area = over 20,000 sq metres affected. Document irrelevant – but the Planning Condition requires its use. WBC HB condition is in my objection to 2020/36760 document. Biodiversity Enhancement SchemeRachel Hacking Ecology Document written for another site but has been submitted (verbatim) for this site except that the last page which shows the site plan was removed. Document irrelevant. Arboricultural Method Statement while a method is required, a tree survey is required in accordance with L5 of the Warrington Borough Council - Planning Validation Checklist. The required Arboricultural document was issued on July 14, more than 4 months after the Application was submitted. This document is still not fit for purpose in my view as it deceives on how many trees GW intend felling – they say 20 but it is more than 40. The author (is cited in the document properties) but is he a qualified Arboriculturalist? Woodland Management Plan-Liz Sharkey/Forestry Commission This is referred to by the Applicant in many submission documents, including the Planning Design and Access Statement, Arboricultural Assessment and Method Statement, PEA and Bat Scoping Report, and Applicant’s Agent emails. This, “Forestry Commission Approved Woodland Management Plan” as it is referred in most documents was submitted without the 7 Appendices which have many pertinent details. WBC do not have a copy of this full document, nor the felling license that goes with it. (13) As the spokesperson for the Callands and Westbrook Community Association,
I am advised of the following : The exercise zone for the pet resort lies completely within the minimum legal buffer zone of 15m
(14) The requirement of the zone is ‘No Development’ which includes hard standing to protect root systems, flora and fauna. No due diligence has been applied to this plan.
(15) The WBC environmental health department have not been informed that the
Pet Resort is a commercial kennelling facility. The applicants own SCP report 3.4 & 3.5 confirms it will be open to the public. This is in addition to use by staying guests.
(16) If the kennels are to be open 24/7/365, then fireworks displays will create extreme stress for the occupant animals.
(17) Woodland Trust clarify that we did not refer to the development site as containing ancient woodland within our consultation response (8th April 2020), but simply that land in our ownership was designated on the Ancient Woodland Inventory. As such, it should be noted that our objection was focused on the potential indirect impacts of the application and that we are not suggesting there would be direct loss.
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Agenda Item 3
(18) Ancient woodland is a material planning consideration within the National
Planning Policy Framework, and the Standing Advice outlines that the effects of development adjacent to ancient woodland should be taken into consideration. As a woodland conservation charity, we seek to protect ancient woods and trees regardless of whether they are within our ownership.
(19) With regards to our recommendations for a 30m buffer zone, this is to account for the nature of the proposals which are to be of considerable scale. Natural England’s Standing Advice is quite clear that a buffer zone should be “at least 15 metres to avoid root damage. Where assessment shows other impacts are likely to extend beyond this distance, you’re likely to need a larger buffer zone.”
(20) Whilst there is an area of secondary woodland between the development site and our land boundary, we ask that the buffer zone is applied from the boundary. This is to reduce the likelihood of trees which form the woodland edge from becoming safety risks from close proximity to users of the development site.
(21) It is noted from the revised Arboricultural Assessment and Method Statement for Site Works that the proposals are compliant with the BS5837:2012, and therefore we assume that all Root Protection Areas (RPA) will be calculated at 12x the stem diameter as the RPA calculations have not been included within the report.
(22) We would like to re-iterate that Natural England’s Standing Advice states that
“a buffer zone around an ancient or veteran tree should be at least 15 times larger than the diameter of the tree. The buffer zone should be 5m from the edge of the tree’s canopy if that area is larger than 15 times the tree’s diameter.” The RPA should not be encroached by any form of development, as outlined in SubClause 7.4 (Permanent hard surfacing within the RPA) of the BS 5837:2012.
(23) It is noted that local objections have been submitted to the planning portal in relation to drainage issues, and the potential effect on our site, Twig/Bog Wood. We do not have the technical expertise to scrutinise these matters, so we would appreciate if the Council could confirm the Environment Agency’s position, and also confirm that the Council has considered the hydrological impacts of the proposals on the adjacent ancient woodland.
(24) To conclude, the Woodland Trust will maintain a holding objection to the proposed development on account of potential impact to our Twig/Bog Wood site and veteran trees.
Members received 3 further written representations supporting the application which are detailed as follows;
(1) Respectfully ask to approach your decision on the applications with an open mind and for you to give significant weight to your professional officer’s well-reasoned, detailed and carefully explained recommendation for a conditional approval of permission.
(2) Your planning officers have, over a period of almost five months, given thorough consideration to the applications before you. In reaching their decision to recommend approval, they have given appropriate weight to relevant planning policies and duly considered the opinions of objectors to the applications,
7
Agenda Item 3 weighing them in the planning balance (to the extent that the views expressed are relevant to planning matters).
(3) The applications are not “EIA development” and where necessary, the cumulative impacts of the developments have been assessed together. However, each site is a separately defined and stand-alone application site area. Each one is capable of implementation individually.
(4) To address any residual concerns, the applicant has provided amended plans which have significantly reduced the scale of development when compared to what was initially proposed. We have also provided additional information requested by consultees and accepted the imposition of stringent conditions to ensure the development proceeds in an environmentally sensitive way and the recommended mitigation measures will be implemented appropriately. Several conditions are ‘prior to commencement’ so as to give the council a secondary layer of control. We will liaise with council officers to discharge the conditions in a timely manner.
(5) Approving the applications would provide the following local benefits in particular: At least 41 directly employed local, long-term jobs for Warringtonians; Assist with the long-term retention of 220+ existing jobs and help the park survive Covid-19; More than £5.5million in construction contracts which will be awarded locally; £1.4million per year in additional spending in the local area (from consumer and additional staff spending, for example, in supermarkets, petrol stations and local restaurants etc); to Enable the continued subsidy of the Burtonwood Heritage Association (£40,000 per year) as well as subsidised use of the Gulliver’s World facilities by local community groups.
(6) There are some specific points which are important to emphasise within the officer’s report: The Principle of the developments is acceptable in this location. Officers recommend that the proposals will have a positive impact upon the Warrington’s visitor and tourism economy and, subject to controls in relation to the environmental impact of the development, they are compliant with policy PV7 of the Local Plan Core Strategy.
(7) The proposal includes the eradication of an invasive plant species, Himalayan
Balsam. The minimum action presently required of the applicant by law is to stop it escaping from the applicant’s land – but in this case, the application proposals will facilitate and fund its programmed eradication from the woodland. This is combined with significant additional tree planting and bird/bat box installations across the two sites. These actions will markedly improve wildlife habitats when compared to the alternative ‘do nothing’ scenario.
(8) There are no unacceptable impacts (on any planning matter) resulting from the proposals. The stipulated conditions will ensure that appropriate prevention, management and mitigation measures are in place to safeguard the wider woodland environment;
(9) The applicant has agreed to a bespoke management plan, to provide further detailed construction drawings/information and to pro-actively engage with the Council to ensure the Environmental Health Officer’s satisfaction with the pet resort building and methods to ensure no adverse noise impacts occur from dogs being kennelled within the pet resort.
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Agenda Item 3
(10) There is a significant and thick band of retained woodland on southern and eastern site boundaries (i.e. the intervening land between the application site and the Woodland Trust land); this means the buildings are unlikely to be noticed from any public vantage points within Sankey Valley Park. There is no public access to the application sites themselves.
(11) The application proposals have been rigorously assessed by consultees and iteratively re-designed to achieve an acceptable balance. There are no unresolved objections. I would respectfully encourage you to support the officer’s recommendation to approve the applications.
(12) Gulliver’s is a family owned business and has been a proud part of Warrington for over 30 yrs. This proposal is designed to ensure the continued sustainability of the resort and over 220 jobs, particularly in the present and challenging times ahead. Below is a table to detail, the economic & social benefits made possible by the planning proposals.
- Construction contracts
- Gulliver’s operates a buy local scheme to
retain the Warrington pound. The proposal has a GDV figure of over £5.5m in locally awarded construction contracts & in-house fabricators.
- Retention of a primary employer
- Gulliver’s Warrington employs more than
220 local team members, in both FT and PT roles, 98.8% of which live within 10 miles. This proposal helps to ensure their job security both now and post Covid-19. This provides 41 new directly employed. It is worth £1.4 million per year locally, providing roles within the resort itself and wider local suppliers.
Direct economic benefit & job growth
- Local economic stimulus
- An estimate of £1.2m per annum will be
spent locally by guests staying in the new accommodation.
Investment and renewal of existing facilities It will contribute toward funding a planned program of renewal and investment in the existing resort to ensure its long-term effective operation and viability.
Business rates contributions