Page 12 Agenda Item 3

REPORT TO: Development Control Committee

DATE: 17 th December 2007

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: 07/00714/FUL

APPLICANT: Napier Management Ltd, PO Box 660, Warrington

PROPOSAL: Proposed 3 storey block, with fourth storey element, comprising 20 No. two bed apartments

ADDRESS OF SITE: Runcorn Service Station, Bridge Street, Runcorn, WA7 1BP

WARD: Mersey

SUMMARY RECOMMENDATION:

Approve subject to conditions

CONSULTATION AND REPRESENTATION: Page 13

The application was advertised in the local press and by a site notice displayed near to the site. The nearest affected occupiers of the adjacent and nearby residential and commercial properties were notified by letter. United Utilities, the Health & Safety Executive, Peel Holdings, the Council’s Highway Engineers, Environmental Health and Landscape Officers have all been consulted.

United Utilities and Peel Holdings have raised no objection to the proposal.

The Environment Agency has raised no objection in principle, but has recommended conditions in relation to surface water drainage arrangements and ground investigation.

All tanks, pipe work and interceptor systems pertaining to the site’s former use as a petrol filling station have been removed successfully from the site. Further site investigation is required prior to work commencing in order to assess potential pollutant linkages from any other contamination sources. A standard ground investigation condition is recommended.

One local resident and a commercial occupier have commented as a result of this consultation. The issues raised relate to; - height of the building; overshadowing of public areas of pub opposite; need to use more electricity in public house; enough flats being built in the area. These observations are addressed below. Any further comments received will reported orally to Committee.

SITE/LOCATION:

The site is located in the residential area of Runcorn Old Town, off Bridge Street with the Bridgewater Canal to the rear. The site was formerly a petrol filling station, which is now redundant, and the infrastructure removed.

RELEVANT HISTORY:

The planning history relates to the use of the site as a filling station and is not of particular relevance to this proposal. The most recent planning application Ref: 07/00438/FUL submitted earlier this year for redevelopment of the site for residential was subsequently withdrawn to enable issues with the scheme to be resolved.

DEVELOPMENT PLAN DESIGNATION, KEY POLICIES AND SUSTAINABILITY OBJECTIVES:

The site is allocated as Primarily Residential in the Halton Unitary Development Plan where Policy H2 is of relevance. It is also within the Environmental Priority Area where Policy BE3 is of relevance.

The Council’s Supplementary Planning Documents/Guidance – Designing for Community Safety; Draft Open Space; and New Residential SPD, are relevant Page 14

to this application. The following policies within the Halton Unitary Development Plan are also of relevance, S2 The Built Environment; S13 Transport; BE1 General Requirements for Development; S25 Planning Obligations; BE2 Quality of Design; BE22 Boundary Walls and Fences; PR14 Contaminated Lane; TP1 Public Transport Provision as Part of New Development; TP7 Pedestrian Provision as part of New Development; TP12 Car Parking; TP16 Safe Travel for All.

OBSERVATIONS AND ISSUES:

Permission is sought for the erection of a three-storey block, with a four-storey element, of 20 two-bedroom apartments with car parking and amenity space.

The main issues and material planning considerations arising as a result of the proposal are: -

• Protection of existing trees on the boundary of the site. • Highway safety. • Impact on the amenity of the nearest residential properties. • Design Quality. • Provision of sufficient private amenity space.

Protection of existing trees on the boundary of the site

Several trees are indicated for removal to allow for the redevelopment of the site. This is considered acceptable on the basis that replacement tree planting will be provided on the adjacent Council owned land. There will also be appropriate pruning of trees on the south boundary of the site and the removal of three existing Poplars, which have limited life expectancy. A condition requiring the submission of a method statement detailing the measures to protect the remaining trees to be retained, including those on the western boundary of the site adjacent to the existing residential properties, will ensure that appropriate protection is retained.

Highway safety

The applicant has been asked to submit amended plans to address technical highway requirements. Information received through amended plans will be reported orally to Members.

Impact on the amenity of the nearest residential properties

The nearest affected residential properties are those opposite on Bridge Street, ‘The Wilsons’ public house and No.26 Bridge Street and those to the west, No.’s 47 & 49; No. 10 & 11 Sutherland Court.

The public house is 14m at its closest, from the front elevation of the proposed building. Whilst there is residential accommodation above the public house, it is considered that reasonable levels of privacy can be afforded.

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No.26 Bridge Street also appears to be in residential use. The frontage of the proposed building is 16m from the front elevation, which is four storeys at this point. The same consideration is applied to this property as with the public house, although given the increase in height of the building opposite this property. Again reasonable levels of privacy are afforded.

The properties on Sutherland Court to the west have only blank side elevations nearest the proposal, which are 13m away. There are no issues resulting from this arrangement.

The only objection received is from the current landlord of ‘The Wilson’s’ public house who has cited overshadowing of his commercial areas and the need to use extra lighting and heating during daytime hours as a major concern which will be to the detriment of his financial success. However, he also states that lights are used currently in the commercial areas during the day and accepts that there could be some financial benefit to his business from the proposed development.

On balance, the regenerative benefits that the scheme will bring to the area, including potential new source of regular custom for the public houses nearby, are significant material considerations when assessing the proposal. It is considered that the interests of the vitality of the Runcorn Old Town area, outweigh the impact of the proposal on the residential and commercial accommodation of ‘The Wilsons’ public house.

Design Quality

The location of the development would lend itself to either traditional or modern type, given the traditional buildings opposite and the more modern residential properties on Sutherland Court adjacent. The design of the proposed building has a good variation of elevation detail in soldier course sills and lintels, Juliet balconies and mixed roof heights to provide a quality that will contribute successfully to the existing built form. The proposal offers a strong frontage building line and creates the height in the development as the land rises eastwards.

At the northeast corner there are no residential properties affected, and good use is made of this location with the incorporation of a ‘spire’ feature, which gives added distinction to the character of the building.

On this basis, the visual appearance of the development is appropriate in scale and design to both the existing and recently approved built environment. The proposal complies with the policies of the UDP on this basis.

Provision of sufficient private amenity space

The proposal provides some ground level private amenity space for the future occupiers of the apartments, to the rear and western side. This, with the inclusion of Juliet style balconies on many of the units, will allow for a satisfactory level of private amenity space for future occupiers. Page 16

The Council’s New Residential Guidance asks for 25 square metres per unit, which although this is not fully achieved in this development, the proposed areas and balconies appropriately address the need for outdoor amenity for the future occupiers.

Conclusion

The proposal provides a high quality brownfield development offering two bedroom apartments, with amenity space and retention of landscaping on the site boundaries. The design of the scheme is of quality that sits well with both the traditional and the recently developed site at Irwell Lane and is a favourable addition to the housing stock and built environment in the Runcorn Old Town area. The scheme complies with the policies of the UDP, the objectives of national planning guidance and is acceptable.

RECOMMENDATION:

Approve subject to the following conditions:

1 Entering into S.106 Agreement for financial contribution towards off- site open space (BE1 and S25). 2 Provision of amended plans addressing highway issues (BE1). 3 Structural calculations to be approved prior to commencement (BE1). 4 Ground investigation and required remediation prior to commencement (PR14). 5 Prior to commencement existing and proposed levels (BE1). 6 Submission of material samples prior to commencement (BE2). 7 Scheme of foul and surface water prior to commencement (BE1). 8 Car parking drainage passed through trapped gullies as approved (BE1). 9 Tree protection measures to be agreed prior to commencement and implemented (BE1). 10 Tree protection method statement (BE1). 11 Tree replacement scheme (BE1). 12 Approval of additional boundary treatment (BE22). 13 Approval of any additional lighting to the external building elevations (BE1). 14 Prior to occupation details of scheme of recycling separation within each kitchen of residential unit to be approved (BE1). 15 Provision of bin storage within the site (BE1). 16 Vehicle, car parking and servicing to be laid out prior to occupation (BE1). 17 Wheel cleansing details and implementation (BE1). 18 Hours of construction and deliveries (BE1). ______

PLAN NUMBER: 07/00726/FUL

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APPLICANT: John McCall Architects

PROPOSAL: Proposed construction of 24 No. dwellings

ADDRESS OF SITE: Land at Brookvale Avenue North

WARD: Norton South

SUMMARY RECOMMENDATION:

Approve subject to conditions

CONSULTATION AND REPRESENTATION:

Adjoining properties have been consulted and the application advertised by way of site and press notice. The Council’s Highways Engineer, Trees and Woodlands Officer, Nature Conservation Officer, and Environmental Health Officer have been consulted.

The Environment Agency and United Utilities have also been consulted. United Utilities raise no objection. The Environment Agency also raise no objection, but have recommended conditions relating to the requirement for approval of a scheme for the disposal of foul and surface waters and that surface water drainage shall be passed through trapped gullies to prevent pollution.

Three neighbour objections have been received relating to crime / safety issues at the proposed footpath between plots 9 and 13 and the loss of open space currently used for local children to play.

SITE/LOCATION:

The site is on land off Brookvale Avenue North, in the Norton area of Runcorn and is 1 hectare in area. To the north and east of the site there are residential properties on Redruth Close, Gorran Haven and Penare. To the south is an active Busway, and to the west of the site there is open space, a horticultural depot and Jehovah’s Witness meeting hall.

RELEVANT HISTORY:

The access road running from east to west, through the site, was granted planning permission under reference 93/00619/FUL. This planning consent formed part of permission for 26 dwellings acting as Phase 1 of the development of the wider site and includes the existing properties on Gorran Haven and Penare.

UDP PLAN DESIGNATION, KEY POLICIES AND SUSTAINABILITY OBJECTIVES:

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The majority of the site is located within a Phase 2 Allocated Housing Site. A small portion of the site (Plots 1 and 2) are located just outside of this allocated area, within a Primarily Residential Area. Policies H1 Provision for New Housing, H2 Design and Density of New Residential Development, and H3 Provision of Recreational Greenspace are immediately relevant. Other relevant policies include Policies S18 Provision of Land for Housing, BE1 General Requirements for Development, BE2 Quality of Design and TP12 Car Parking. Also of relevance is the Council’s Supplementary Planning Guidance on New Residential Development SPG, and Planning Policy Statement 3 (PPS3) Housing.

OBSERVATIONS AND ISSUES:

This application proposes twenty-four three bedroom dwelling houses for shared ownership. This will help introduce an under-represented tenure into the area, and will therefore diversify the housing offer in the borough. The development under consideration forms the second phase of a housing development previously implemented under planning application 93/00619/FUL.

As a Phase 2 Allocated Housing Site within the Halton Unitary Development Plan, the proposed development is considered to be acceptable in principle. Furthermore, with the existing access road already in place, the site is considered to be an appropriate area for housing to infill and to connect the existing residential properties with the main section of Brookvale Avenue North.

The layout of the proposed development has been designed so as to overcome site constraints consisting of an electrical cable and foul drainage system running across the site.

Design and Access Statement Principles

The proposal comprises twenty-four dwellings, all of which are semi-detached. The surrounding residential properties are mixed in design. The proposal therefore will continue this diversification of tenure and increase the housing choice and supply in the area. i) Design – The proposed buildings are of an attractive design and are positioned to maintain a street frontage throughout the majority of the site. A mix of materials and styles are proposed from traditional brick and tiles, to more modern weatherboard cladding to some front elevations. Sporadic apexes are included which provides a variation to the overall design and enhances the general street scene. ii) Access – Vehicular access to the site is via the existing access road, which forms part of Brookvale Avenue North connecting to Palacefields Avenue and the Southern Expressway. It is anticipated that pedestrians will access the site from the same entrance, by an existing footbridge over the busway to the Page 19

south and by a new footpath directly to the busway to be situated between plots 9 and 13.

Residential and Visual Amenity

Much of the issues relating to amenity were resolved at pre-application stage. The proposed dwellings will have their own private amenity space located to the rear. Submitted plans indicated that plots 13 and 14 appeared to have smaller plots and private garden space than the other dwellings proposed. However, amended plans have been received to re-arrange the properties at plots 13 and 14 which is considered to be an improvement to the amenity for future occupiers.

The Council’s Trees and Woodlands Officer has commented that the proposed development will result in the loss of at least eight trees around plots 14, 23 and 24. However, to compensate for their loss, the applicant is proposing to invest in the area of trees to the north-west of the site known as ‘The Gorse’ by replanting this area. Conditions have been suggested to this effect and also to ensure good mitigation measures are carried out to protect the trees to be retained.

Furthermore, an area to the south of the site in alignment with the busway has been reserved for landscaping within the scheme.

In addition, the applicant has agreed to a financial contribution for off-site open space provision, which will be implemented as a planning condition.

Density

The application proposes 24 dwelling houses on a site, which is 1 hectare in area. It is noted that the proposed density of 24 dwellings per hectare is considerably less than that stipulated in UDP Policy H2, which states that densities of more than 30 dwellings per hectare should be encouraged.

The applicant has explained that the existing site constraints relating to an electrical cable and foul sewer running across the site, have dictated the layout and density of the proposed development.

Contaminated Land

The Council’s Environmental Health Officers have commented that the proposal is highly sensitive to contamination and as recommended in PPS23, the possibility of contamination should be assumed. A ground investigation is required, and this can be dealt with by way of condition.

Highways and Parking

The Council’s Highways Engineer has confirmed that there are no objections raised to the proposed development in principle. A new cul-de-sac is proposed as part of the application, and each property has two off road Page 20

parking spaces. Minor amendments to the submitted plans were requested relating to the requirement for the provision of traffic calming, tracking for refuse wagons, widening of the footway / cycleway link to existing access road, lengthening of a number of driveways, rotating certain driveways to 90 degrees to the main carriage way, and to ensure no walls / planting to frontages obstruct visibility. Amended plans have been received addressing these issues and further details relating to traffic calming will be dealt with via a planning condition.

Conclusion

The proposal complies with policy and the scheme will provide family housing for shared ownership, which is under represented in the area. The proposal is therefore recommended for approval subject to conditions.

RECOMMENDATION

Approve subject to the following conditions:

1. Standard commencement condition. 2. Condition specifying amended plans (BE1). 3. Construction hours (BE1). 4. Wheel cleansing facilities to be submitted and approved in writing (BE1). 5. Construction and delivery hours to be adhered to throughout the course of the development (BE1). 6. Materials condition, requiring the submission and approval of the materials to be used (BE2). 7. Boundary treatments to be submitted and approved in writing (BE2). 8. Vehicle access, parking, servicing etc to be constructed prior to occupation of properties / commencement of use (BE1). 9. Details of traffic calming measures to be submitted and approved in writing prior to commencement (TP18). 10. Conditions relating to restriction of permitted development rights relating to boundary fences, extensions, enclosures and windows. ( BE1). 11. Site investigation, including mitigation and any remediation to be submitted and approved in writing (PR14). 12. Landscaping condition, requiring the submission of both hard and soft landscaping to include replacement tree planting (BE2). 13. Conditions relating to tree protection during construction and lifetime of the development (BE1). 14. Condition relating to a financial contribution towards open space provision (H3). 15. Drainage condition, requiring submission and approval of drainage (BE1). 16. Submission and agreement of finished floor and site levels (BE1). 17. Provision of bin storage and bin provision (BE1) ______

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PLAN NUMBER: 07/00739/FUL

APPLICANT: EBL Waterfront Developments

PROPOSAL: Proposed demolition of existing buildings and erection 3 No. five storey buildings (piers) comprising 108 no. one and two bedroom apartments, landscaping, parking, basement parking and waterfront walkway/cycleway structure

ADDRESS OF SITE: RMC House, St Mary’s Road,

WARD: Riverside

SUMMARY RECOMMENDATION:

Approve with conditions

CONSULTATION AND REPRESENTATION:

The proposal has been advertised by way of a site notice and press notice. There was extensive public consultation carried out and the West Bank Community Forum was also consulted.

There have been two letters of objection from local residents where the following issues/concerns have been raised:

• The existing properties along Terrace Road should have better views across the site to the River Mersey. • The impact from the number of vehicles, and its impact on local roads. • Site should be considered for a school not apartments.

The Health & Safety Executive, Environment Agency, United Utilities, Natural , Mersey Conservancy, The Liverpool Port Authority, the Council’s Highways Engineer and Environmental Health Officer have also been consulted.

An objection has been received from the Health & Safety Executive on safety grounds. This objection is being discussed with the HSE and is expected to be withdrawn. A second objection has been received from the Environment Agency, as further information was required in the flood risk assessment, it is expected that this will also be withdrawn. An update on this matter will be given orally. All other issues arising from the consultations will be discussed in the Observations and Issues Section of this report.

SITE/LOCATION:

The site is located on St Mary’s Road, West Bank, Widnes on the site of the RMC Building. The River Mersey bounds the front of the site and it is adjacent Page 22

to the community garden and play area adjacent to the West Bank Conservation Area.

RELEVANT HISTORY:

There are three planning applications of relevance to this site, two relating to the cement factory including one for boundary fencing (Application 27056/F) which was refused in 1991, and office accommodation (Application 27812/F) which was approved in 1991.

Outline planning permission was granted in December 2005 for 56 apartments (Application no. 05/00802/OUT), which established the principle of residential development on this site.

UNITARY DEVELOPMENT PLAN DESIGNATION, KEY POLICIES AND SUSTAINABILITY OBJECTIVES:

The site is an unallocated site in the Unitary Development Plan and is within The Mersey Coastal Zone designation. The key policies of relevance are:

Policy S22 - Unallocated Land in Urban Areas, Policy GE30 - The Mersey Coastal Zone, BE1 General Requirements for Development Policy BE2 - Quality of Design, Policy H2 - Design and Density of New Residential Development Policy H3 - Provision of Recreational Greenspace and Policy TP10 - The Trans-Pennine Trail and Mersey Way

The Council’s New Residential Development Guidance Note and Planning Policy Statement 3 (PPS3): Housing are also of relevance.

OBSERVATIONS AND ISSUES:

Planning permission is sought for the demolition of the existing RMC buildings construction of three five-storey apartments blocks, to accommodate 108 apartments. The apartments would consist of 60 two-bed apartments and 48 one-bed apartments. The proposal also includes car parking (141 spaces) and landscaping, and the provision of the Trans-Pennine trail along the front of the site across the waterfront.

Policy

The site is unallocated (shown as white land) in the Halton Unitary Development Plan. Policy S22, ‘Unallocated Land in Urban Areas’ is of relevance where the land is not subject to any site-specific policies. The surrounding area is primarily residential and therefore the use of the site for residential purposes is considered appropriate. The outline planning application (05/00802/OUT) approved in 2005, which has also established the principle of residential use at the site.

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Policy GE30 The Mersey Coastal Zone (Developed Coastal Zone) is also of relevance where any development should pay particular attention to environmental quality and improving accessibility to the coast. The application will improve the accessibility to the coast, which is reinforced by the realignment of the Trans-Pennine Trail around the front of the development, along the river frontage.

Therefore the principle of residential development is appropriate in this location.

Density of Development

Planning permission is sought for 108 apartments. Although this is high, due to the location and levels, of the site, it is not thought to be inappropriate. In addition, justification is provided by Policy H2 encourages high density development of greater than 50 dwellings per hectare in or adjacent to built up areas provided that the development meets any one of three criteria.

The proposal meets criteria a) of that policy in that the development contributes to a more sustainable pattern of development by being within reasonable walking distance from a local centre. In the context of West Bank there are nearby shops and other local facilities, which meet the local centre requirement. It is considered the proposal therefore complies with the Policy H2 requirement.

Design Quality

The proposal consists of three modern quality apartment blocks. The blocks have been designed to take advantage of the site’s prominent location on the waterfront, and takes into account existing properties along Terrace Road, and the adjacent residential areas. The layout and orientation of the three blocks make best use of views across the Mersey, whilst providing views between each of the blocks.

Apartments on the waterside would have open terraces with views across to the south banks of the Mersey. The plans show that external elevations would be constructed in a variety of materials including brick, zinc and concrete cladding/panels. All apartments will have Oriel windows up the side of the blocks, and windows that will all provide views across the River Mersey.

Residential/Visual Amenity

The proposal consists of three individual blocks, with a maximum of five stories high. The fifth floor would have a smaller floor area and would be set back from the Terrace Road elevation. The interface distances would be a minimum of 27m. This is above the recommended interface distance also all windows on the Terrace Road elevation would be high level and obscured to prevent any potential loss of privacy.

There is also an issue with the amenity of potential residents as there are a Page 24

number of concrete blocks and debris that have been left on the shoreline. The applicants themselves do not have any record of these being linked to the firm. However, notwithstanding this the cleaning up of the shoreline for the future residents and people accessing the shoreline is considered appropriate.

This opportunity to clean up the unsightly debris left from earlier industrial tipping, should not be missed and a condition requiring these works is recommended.

Highway Issues

Layout plans show that access to the site will be from a single entrance/egress point off Terrace Road, located in the same position of an existing site access. This access would be improved to allow visibility and to accommodate passing vehicles, a condition is recommended.

The planning application has been supported with a traffic assessment that demonstrates that the number of vehicles that the development would generate can be accommodated on the existing road network, provided some highways improvements are made. These works would be subject to a Grampian condition.

The car parking requirements for the site are 150% for 2 bedroom properties and 100% for 1 bedroom properties. The site layout plans provide a total 141 parking spaces, 95 of which will be provided underground, beneath the apartments. The proposal therefore satisfies the UDP car parking standards.

The Trans-Pennine Route/Cycle Route can be accommodated to the front of the site adjacent to the river. This would be in line with the Council’s aspirations to link Victoria Promenade with Spike Island. Given the importance of this linkage and that part of the land is not in the ownership of the developer a legal agreement will be required to ensure that the proposal is implemented. Part of the trail would require a structure to be built across the front of the site. For the structure to be adopted by the Council it will be necessary to ensure that it is constructed to an acceptable standard. Although basic information has been provided on construction life span further details will need to be agreed with the Highway Authority and a relevant condition is recommended.

Open Space Issues/Garden Provision

Recreational open space is not to be provided on site. To comply with Policy H3 Provision of Recreational Greenspace, an appropriate legal agreement will be required to ensure that a commuted sum is provided in lieu of on site provision. A relevant condition can be added accordingly, for a legal agreement to be implemented.

The scheme provides does provides on-site private amenity space for residents, and all waterfront apartments have their own private terrace.

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Natural and Heritage Conservation

Natural England have been consulted and have not objected to the proposal. They do however raise two issues; the first being that there may be potential for roosting bats in the existing building, and secondly potential for debris and contaminants to fall into the Mersey during the demolition and construction. Due to the fact that much of the existing buildings were burnt down or have now been taken down no bats would be affected. Secondly, a condition can be attached to ensure that no debris or contaminated material would fall into the Mersey.

The site is adjacent to the West Bank Conservation Area, and there are also two prominent listed buildings within the local area, namely St Mary’s Church and the Catalyst Museum. The applicant has provided photomontages and cross sections that show how the proposed development would appear, and how would relates to its surroundings. The development would not have an adverse impact on the character or appearance of the local area, the adjacent Conservation Area or the setting of the listed buildings. In fact the development would significantly enhance the quality of the local area by regenerating a derelict site.

Ground Conditions and Flood Risk

A ground investigation report has been submitted, Environmental Health Officers have been consulted, and have no objection. However, additional investigations are required, although this can be conditioned. Previous site investigations have also revealed the presence of asbestos. At the time of writing the report this was being removed from the site.

The applicant submitted a flood risk assessment with the application. The Environment Agency have sent an initial objection response stating that the study needs to be updated as it did not comply with the most recent policy and guidance (PPS25). At the time of writing this report an amended flood risk assessment was being considered by the Environment Agency. Negotiations are ongoing with the Environment Agency and it is considered that the issue can be satisfactorily addressed subject to conditions Members will be updated at the meeting.

Conclusion

The site is appropriate for residential development given its characteristics and prominent waterfront location and residential surroundings. Traffic Levels generated by the development can be accommodated within existing highway capacity and as such it is not considered that the proposal would be detrimental to highway safety.

The density of development is high, but in compliance with Policy H2 and National Planning Policy. The site is clearly able to accommodate an appropriate waterside housing scheme with adequate on site car parking and garden space. Due to the distance from existing properties the height of the Page 26

apartments would not have a detrimental impact on the adjacent properties. The scheme also secures the provision of the Trans-Pennine/Cycle Route across the waterfront, which is to be welcomed.

The application is therefore recommended for approval subject to appropriate conditions.

RECOMMENDATION:

Approve subject to the following conditions:

1. Standard condition relating to timescale and duration of the permission. 2. Entering into a suitable legal agreement relating to a developer contribution in lieu of on site recreation open space provision/improvements to the church and public realm in the adjacent conservation area, and a legal agreement for the provision of Trans Pennine Trail ( S25 & BE1). 3. Submission of materials (BE2) 4. Provision of recycling separation inside each apartment (BE1) 5. Access and parking/layout, cycle parking provision (BE1) 6. Trans-Pennine Trail/Cycle Way provision (TP12) 7. Site investigations and remediation required (PR14) 8. Environment Agency conditions (BE1) 9. Details of drainage (BE1) 10. Details of landscaping scheme (BE1) 11. Condition specifiying construction hours (BE1) 12. Wheel wash facilities (BE1) 13. Grampian condition regarding the cleaning up of the waterfront (BE1) 14. Requirement for an archaeological investigation (BE1) 15. Grampian off site highways condition (BE1) 16. Details of site levels (BE1) 17. Provision of bin storage and bin provision (BE1)

PLAN NUMBER: 07/00767/FUL

APPLICANT: St Modwen Developments

PROPOSAL: Proposed erection of 10 no. nursery units for B1 and B8 uses

ADDRESS OF SITE: Catalyst Trade Park, Waterloo Road, Widnes

WARD: Riverside

SUMMARY RECOMMENDATION:

Approve with conditions

CONSULTATION AND REPRESENTATION:

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The site has been advertised by way of a site notice and in the press. The neighbouring commercial premises have also been consulted.

The Health and Safety Executive, Environment Agency, Highway Agency, North West Regional Development Agency, English Nature and United Utilities have been consulted. The Council’s Environmental Health Officer, and Highways Engineer have also been consulted. Any significant issues and comments raised are covered later within this report.

SITE/LOCATION:

The site is a vacant area of land located within the Catalyst Industrial Estate off Waterloo Road in Widnes.

RELEVANT HISTORY:

There are two planning applications of relevance to this site. Application no. 02/00081/FUL for proposed erection of 10 no. nursery units for B1 & B8 uses (1806 sqm floorspace) this was approved in October 2002. This application is a resubmission of that proposal. There was also an application approved in February 2004 for Proposed erection of 10 no units for B2 (General Industrial) and B8 (Storage and Distribution) with associated service areas, car parking and landscaping (Application no. 03/01040/FUL).

DEVELOPMENT PLAN DESIGNATION, KEY POLICIES AND SUSTAINABILITY OBJECTIVES:

The site is within the Action Area 1 Southern Widnes, where Policy RG1 of the Halton Unitary Development Plan (UDP) is of relevance.

The other key policies of relevance are BE1 General Requirements for Development, BE2 Quality of Design, E5 New Industrial and Commercial Development, TP6 Cycle Provision as Part of New Development, TP7 Pedestrian Provision as Part of New Development, TP12 Car Parking, and TP16 Green Travel Plans. Supplementary Planning Document: Design of New Commercial and Industrial Development is also of relevance.

OBSERVATIONS AND ISSUES:

The proposal is for 10 units for B1 (office), and B8 (storage & distribution) use, with service areas, parking areas and landscaping also provided.

Policy

The proposal is for B1 and B8 uses. B1 (office) is stated as being an appropriate use for Action Area 1 Southern Widnes as outlined in policy RG1 of the Halton Unitary Development Plan. Although B8 use is not mentioned specifically, due to the nature and layout of the Catalyst Industrial Estate this use can be accommodated within this area.

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Design and Character of the Area

The applicants have provided a supporting statement for the application, which makes reference to the 10 units being split between 6 no buildings. These will be between 5.9m and 6.7m to the height of the ridge.

The units are of varying sizes, which can be adapted internally for each end user, to meet current market requirements for lease or sale.

The units will be steel portal frame buildings with metal cladding to the walls and roof with facing brickwork running at the lower level. The colours are to be agreed.

All the units are single storey and will have no greater visual impact than the existing units.

Landscaping

Where possible the majority of the existing soft landscaping will be retained. There is also landscaping along the embankment of the Expressway, which is outside the site boundary.

With regards to the hard landscaping new pedestrian and vehicular access will be provided around the new units. A variety of materials will be used to delineate pedestrian, car parking and servicing areas. These can be conditioned accordingly.

Highway Safety

The units are split between two building plots, and are both accessed off the existing estate road. This is largely in disrepair from the HGV’s using the estate and is in need of some upgrading. Although not a highway safety issue for the Council, as it is a privately owned estate, this has been raised with the applicant for their own estate management.

The parking layout shows 39 spaces are to be provided and this equates to 1 space per 46 square metres of floorspace which is slightly below the parking standards as outlined in the Unitary Development Plan. However, this is not a matter which is considered needs to cause concern, having regard to the levels of parking already available on this estate. Disabled car parking and cycle parking can be conditioned accordingly.

There is pedestrian access required to be provided from the estate road. This can be accommodated within the development and conditioned accordingly.

Due to the size of the development a Green Travel Plan will be requested. As there are no end users at present then a condition will be added to require that this should be provided prior to occupation and updated accordingly.

Ground Conditions Page 29

A ground investigation was provided with the application. The Environmental Health Officer has commented that although the ground conditions are not favourable they are unlikely to represent any major problems. Therefore a condition is required to ensure that further investigations are undertaken and any mitigation/remediation measures are carried out prior to commencement of development.

Flood Risk

A flood risk assessment was submitted with the application. The Environment Agency have stated that additional information is required. Negotiations are ongoing with the Environment Agency and it is considered that the issue can be satisfactorily resolved subject to conditions.

Hazardous Risk

The site is within a Control of Major Accident Hazards (COMAH) zone and the Health and Safety Executive have been consulted through the PADHI+ system and do not advise, on safety grounds, against the granting of planning permission in this case.

The Mersey Gateway

It should be noted that this site is affected by the proposed Mersey Gateway route. However, given that a planning application has not been submitted and there is no planning policy safeguarding the route the application cannot be refused on these grounds.

Summary and Conclusions

The proposal is within an Action Area, and affected by the proposed route for the Mersey Gateway.

The design of the units match in with the existing units on the estate and the applicants have considered the objectives outlined in the Action Area Policy of the Halton Unitary Development Plan. The proposal meets the Council’s employment policies and regeneration ambitions for the area. The proposal is therefore recommended for approval subject to the appropriate conditions:-

RECOMMENDATION:

Approve subject to the following conditions listed below: -

1. Standard condition relating to timescale and duration of the permission; 2. Materials condition (BE2) 3. Details of external lighting (BE2). 4. Ground investigation study/remediation required prior to the commencement of development (PR14). 5. Wheelwash condition required for construction phase (BE1). Page 30

6. Parking conditions (2 separate conditions) to ensure parking is provided and maintained at all times. The use of the premises shall not commence until the vehicle access and parking has been laid out (TP12 & E5). 7. Landscaping condition is required to ensure comprehensive details are provided prior to the commencement of development (BE2 & E5). 8. Boundary treatment condition is required to ensure details are provided prior to the commencement of development (BE2 & E5) 9. Visibility splay condition for access and to ensure that this is maintained at all times (BE1). 10. Details of the design of the bin storage (BE2 & E5). 11. Storage condition to ensure no outside storage (E5). 12. Pedestrian access to units required to be provided (TP7). 13. Details of cycle parking to be provided prior to occupation (TP6). 14. Details of disabled parking required prior to occupation (BE1). 15. Travel Plan required prior to the occupation (TP16). 16. Environment Agency conditions (BE1). 17. Details of external lighting (BE1). ______

PLAN NUMBER: 07/00772/FUL

APPLICANT: MF Strawson (Widnes) Ltd

PROPOSAL: Proposed erection of 10 No. single/ part two storey detached and semi-detached industrial buildings (use classes B1, B2 and B8) and up to 39 No. office units in 5 No. two storey blocks (Use Class B1), associated external works/ structures and sub station.

ADDRESS OF SITE: Land at Bennetts Lane/ Dans Road, Widnes

WARD : Halton View

SUMMARY RECOMMENDATION:

Approve subject to conditions

CONSULTATION AND REPRESENTATION:

Adjoining business premises have been notified and the application advertised by means of site and press notices.

The Council’s Highways, Landscape and Environmental Health Officers have been consulted as have The Environment Agency, Health and Safety Executive and United Utilities.

Any significant issues and comments raised are covered later within the Observations and Issues Section of this report. Page 31

SITE/LOCATION:

Area of previously cleared vacant land within existing industrial/ commercial area. Land adjoining the Residential Care Home and bounded by Dans Road and Bennetts Lane, Widnes.

RELEVANT HISTORY:

None directly of relevance. The site benefits from an earlier outline planning permission (02/000587/OUT) for industrial development which has now lapsed.

UNITARY DEVELOPMENT PLAN DESIGNATION, KEY POLICIES AND SUSTAINABILITY OBJECTIVES:

The site is designated as a Proposed Employment Development Site in the Halton Unitary Development Plan and, as such, uses falling within use classes B1, B2 and B8 are considered acceptable in principle. Policy E1 Local and Regional Employment Land Allocations and E5 New Industrial and Commercial Development are considered to be of particular relevance. Supplementary Planning Document: Design of New Commercial and Industrial Development is also of relevance.

OBSERVATIONS AND ISSUES

The application seeks permission for the proposed erection of 10 No. single/ part two storey detached and semi-detached industrial buildings (use classes B1, B2 and B8) and up to 39 No. office units in 5 No. two storey blocks (Use Class B1), associated external works/ structures and sub station. The site is an area of vacant land on the edge of the existing commercial and industrial area at Gorsey Lane Widnes and is bounded by the Residential Care Home on Bennetts Lane an Dans Road.

Policy Considerations.

The site is designated as a Proposed Employment Development Site in the Halton Unitary Development Plan for uses falling within use classes B1, B2 and B8. As such the proposed uses are considered acceptable in principle.

Scheme Design and Quality

The proposed units are to be constructed in a mix of brickwork with render panels, flat and profiled cladding/ sheeting with glazing to entrance areas and office units. The proposals are considered to be of a scale and character similar to earlier developments recently approved and constructed on an adjoining site. The layout of the scheme has been designed to secure office development fronting Dans Road and the main roundabout at the Eight Towers pub that is considered to be the principle frontage to a main route into the Borough and into the Widnes Waterfront Economic Development Zone Page 32

(EDZ). The scheme has also been designed to orientate HGV parking and servicing away from the adjoining care home and surrounding residential properties thereby minimising potential associated impacts. As such the proposed office and commercial units are considered to be of a character and quality suited to the site and surrounding uses. It is considered that the details of the final materials can be adequately controlled by condition to ensure that such quality is sustained.

Drainage and Flooding

The proposed development is within an area liable to flooding. The Environment Agency have confirmed that a detailed Flood Risk Assessment is required to support the application and therefore object to the proposals as submitted. Negotiations are ongoing with the Environment Agency and it is considered that this issue can be satisfactorily resolved subject to conditions. Members will be updated accordingly. United Utilities have confirmed that they raise no objection.

Trees and Nature Conservation

The site is currently occupied by a number of trees that appear largely to be self-seeded as a result of the site remaining undeveloped. A number of more mature trees surround the boundaries of the site and are shown to be retained. The application as submitted is very detailed and includes a detailed landscape scheme which is considered to be of a detail and scale suited to the form of development. It is considered that trees to be retained can be adequately protected by condition and the Councils Trees and Woodlands Officer has confirmed that he raises no objection.

Whilst raising no objections in principle the Council’s Nature Conservation Officer has requested additional details within the scheme to encourage wildlife biodiversity including nesting boxes and native planting for birds. The applicant has agreed to the suggested changes and it is considered that these can be satisfactorily secured by condition.

Highways

The scheme is proposed to be served via a new access from the existing highway network at Bennetts Lane with provision for emergency access to Gorsey Lane. Whilst relatively minor amendments have been required, the submitted scheme results from detailed pre-application discussions and it is considered that adequate provision can be made for pedestrian and highway circulation, servicing and parking within the scheme and the scheme will not impact unduly on the highway network. Given the likely number of employees at the site a Travel Plan is considered necessary in accordance with UDP Policy TP16. The Councils Highways Engineer has therefore confirmed that they raise no objections subject to appropriate conditions.

Ground Contamination and Investigation

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The Councils Environmental Health Officers have confirmed that, whilst they raise no objection in principle, the site lies in an industrialised area and, as such, detailed ground investigation and appropriate mitigation are therefore required. It is considered that this can be adequately secured by condition.

Summary and Conclusions

The site lies within an area allocated as a Proposed Employment Development Site in the Halton Unitary Development Plan and as such uses falling within Use Classes B1, B2 and B8 are considered acceptable. The proposals are considered to offer a quality of development suited to this prominent site and it is considered that, subject to satisfactory resolution of the drainage and flooding issues, all outstanding matters can be adequately controlled by conditions.

RECOMMENDATION:

Approve subject to conditions relating to the following:

1. Materials condition, requiring the submission and approval of the materials to be used (BE2) 2. Specifying amended plans (BE1) 3. Requiring that the scheme be implemented in full accordance with the approved plans/ details unless otherwise agreed. (BE1) 4. Boundary treatments to be submitted and approved in writing. (BE2) 5. Wheel cleansing facilities to be submitted and approved in writing and used during construction. (BE1) 6. Construction and delivery hours to be adhered to throughout the course of the development. (BE1) 7. Vehicle access, parking, servicing etc to be constructed prior to occupation/ commencement of use. (BE1) 8. Agreement and implementation of cycle parking provision (TP6) 9. Agreement and implementation of bins and recycling areas, feature shelter, seating, planters and other street furniture. BE2 10. Requiring implementation of Travel Plan (TP16) 11. Restricting external lighting (BE1) 12. Restricting external security shutters (BE1) 13. Restricting external storage and working. (BE1) 14. Site investigation, including mitigation to be submitted and approved in writing.(PR14) 15. Protection of trees (BE1) 16. Drainage (PR16) ______

PLAN NUMBER: 07/00790/FUL, 07/00791/LBC and 07/00831/CAC

APPLICANT: Bridge Leisure

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PROPOSAL: Proposed demolition of extensions to south of site and construction of replacement two storey extension including change of use to mixed use including hotel (C1), Restaurants (A3) and bars (A4).

ADDRESS OF SITE: Halton Business Forum, Victoria Square, Widnes

WARD: Riverside

SUMMARY RECOMMENDATION:

Approve subject to conditions

CONSULTATION AND REPRESENTATION:

The applications have been advertised accordingly by site and press notices. Surrounding properties have also been notified. English Heritage, The National Amenity Societies concerned with built heritage, The Health and Safety Executive and United Utilities have been consulted, as have the Councils Highways, Environmental Health and retained adviser on the built heritage and conservation matters.

Any significant issues and comments raised not covered later within this report will be reported orally to the Committee.

SITE/LOCATION:

Widnes Town Hall at Victoria Square, Widnes including areas of car parking flanking either side of the main building onto Alforde Street and Market Street.

RELEVANT HISTORY:

Planning and Listed Building Consent (04/00545/FUL and 04/00546/LBC) were previously approved for the proposed erection of 2 No. new buildings to either side of the existing town hall (with alterations and demolitions to existing building) to form bars and restaurants. This permission has not been implemented. A number of earlier Conservation Area and Listed Building Consents have previously also been granted but none are considered to be directly relevant to the current applications.

UNITARY DEVELOPMENT PLAN DESIGNATION, KEY POLICIES AND SUSTAINABILITY OBJECTIVES:

The site is within Action Area 2 Central Widnes and an Environmental Priority Area in the Halton Unitary Development Plan Policies RG2: Action Area 2 Central Widnes and BE3 Environmental Priority Areas are relevance. The site also falls within the Victoria Square Conservation Area and Widnes Town Hall is also a Grade II listed building. UDP Policies BE9 Alterations and Additions to Listed Buildings, BE12 General Development Criteria – Conservation Areas Page 35

and BE13 Demolition in Conservation Areas are also therefore considered to be of relevance as is the Victoria Square Design Brief – Consultation Draft.

OBSERVATIONS AND ISSUES

Scheme Proposal and Historical Context

The proposal is for the conversion of the former Widnes Town Hall and Business Forum to a mixed-use hotel including bars and restaurants. The proposals also include for a two-storey extension to the rear of the retained building following demolition of previous extensions and other buildings to south/ rear of site.

The former Widnes Town Hall and Business Forum, dated 1885 was officially opened in 1887 in time for the national celebrations of Queen Victoria’s Golden Jubilee. It was built as a symbol of the towns hugely increased wealth, size and importance at the time. To the rear are a number of single storey and two storey extensions which form an internal courtyard. These buildings also include the former free library which, originally separate from the town hall, is now incorporated into the town hall complex connected by subsequent extensions.

Policy Considerations and Development Principles

The site is within the Central Widnes Action Area which is identified within the Halton Unitary Development Plan as a proposed “mixed-use area for uses supporting and enhancing the vitality and viability of the Widnes Town Centre”. Within that policy use as hotels and associated food and drink uses are specifically identified as acceptable. The draft Victoria Square Design Brief proposes the transformation of Victoria Square and the surrounding areas into the “cultural and entertainment heart of Widnes by enhancing its rich Victorian heritage with remarkable contemporary buildings”.

The former Widnes Town Hall has remained vacant for some time since it was last used to provide office accommodation for Halton Borough Council. Securing economically viable uses is widely accepted as the most effective way of securing the long-term future of such buildings. When measured against the provisions of UDP Policy and the wider aspirations of the draft Victoria Square Design Brief it is considered that the proposed uses are considered acceptable in principle. The principle of the modern design as an obvious modern addition to such historical buildings is also accepted in line with current conservation principles.

Specific Design Issues

The proposals will retain the main original structure of the town hall and therefore the existing elaborate façade and side elevations. The majority of the proposed works will relate to the interior of the building and the rear elevation including the demolition of the various extensions and the former Page 36

free library which has, over time, been integrated into the town hall building through linking extensions.

It is not possible to suggest that these elements are of no architectural or historical merit. They are, however, acknowledged to be of considerably less significance than the elements to be retained. Similarly, the interior of the main building is considered to be of far less quality than the exterior having been substantially altered over the years and somewhat run down due to the vacancy of the building and maintenance requirements. Indeed the list description limits references to the buildings interior to “interior not of interest”.

A more detailed justification for the scheme including the necessary demolitions has been requested from the developer. The proposed modern glazed structure to the rear, whilst considered acceptable in principle, is considered to raise significant issues regarding it’s detailed design, the exact details of the materials and construction proposed, it’s internal layout and it’s relationship to the retained listed structure. Additional detail has also been requested relating to the potential impacts of pipe work and servicing for functions such as kitchens and bathrooms which could potentially have a significant effect on both the internal and external structure of the buildings. has raised an objection. Discussions are ongoing on these matters, however, it is considered that scope exists to secure an acceptable solution. Members will therefore be updated accordingly.

Highways and Parking

The scheme is to be served via the existing highway network and parking which flanks the existing building. The proposed is accepted as an acceptable town centre use, accessible by pedestrians and well served by public transport. The parking and highway demand of the former office use must also be taken on board in any assessment and the Councils Highways Engineer has therefore confirmed that they raise no objections.

Summary and Conclusions

The current proposals represent a bold scheme and the proposals for such modern additions to such a prominent historical building could divide opinion. It is however considered that to produce a pastiche of the original building would represent a missed opportunity and conflict with current conservation principles. The application for listed building consent requires referral to the Secretary of State before determination. The proposed uses are, however, considered to be in accordance with the Unitary Development Plan and the draft Victoria Square Design Brief. Negotiations are ongoing with the developer to resolve detailed design issues and ensure that appropriate justification can be provided for proposed demolitions and alterations to the listed building. It is, however, considered that the benefits of the scheme, significantly outweigh any result harm and that any negative aspects can be adequately controlled by condition. The application(s) are therefore recommended for approval.

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RECOMMENDATION:

Application 07/00790/FUL – Approve subject to conditions relating to the following:

1. Specifying amended plans (BE1) 2. Materials condition, requiring the submission and approval of the materials to be used (BE2) 3. Requiring that the scheme be implemented in full accordance with the approved plans/ details unless otherwise agreed. (BE1) 4. Specifying the use to hotel (C1) with associated restaurants (A3) and bars (A4). 5. Boundary treatments to be submitted and approved in writing. (BE2) 6. Wheel cleansing facilities to be submitted and approved in writing and used during construction. (BE1) 7. Requiring submission and agreement of ground and finished floor levels (BE1). 8. Construction and delivery hours to be adhered to throughout the course of the development. (BE1) 9. Vehicle access, parking, servicing etc to be constructed prior to occupation/ commencement of use. (BE1) 10. Agreement and implementation of cycle parking provision (TP6) 11. Restricting external lighting (BE1) 12. Restricting external storage and working. (BE1) 13. Site investigation, including mitigation to be submitted and approved in writing. (PR14) 14. Requiring additional details relating to any associated plant and related noise (PR2)

Application 07/00791/LBC - Approve subject to conditions relating to the following:

That Authority be delegated to the Operational Director – Environmental and Regulatory Services to approve the application subject to the Secretary of State not calling the application in and to conditions relating to the following:

1. Specifying amended plans (BE9) 2. Materials condition, requiring the submission and approval of the materials to be used (BE9) 3. Requiring that the scheme be implemented in full accordance with the approved plans/ details unless otherwise agreed. (BE9) 4. Requiring submission and agreement of ground and finished floor levels (BE9).

Application 07/00831/CAC – Approve subject to conditions relating to the following:

1. Requiring that the demolition be implemented in full accordance with the approved plans/ details unless otherwise agreed. (BE13) ______Page 38

PLAN NUMBER: 07/00815/FULEIA

APPLICANT: Westlink Group Ltd

PROPOSAL: Proposed distribution centre and additional warehousing floor space with associated access, vehicle parking, landscaping, and ancillary development including diversion of existing watercourse

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

WARD : Ditton/ Riverside

SUMMARY RECOMMENDATION:

Approve subject to conditions

CONSULTATION AND REPRESENTATION:

Surrounding premises/ properties have been consulted. Ward Councillors have also been notified. The application has also been advertised by means of site and press notices. An extensive process of consultation has been undertaken with a wide range of internal and external, statutory and non- statutory consultees.

The North West Regional Assembly has confirmed “in principle” support for the scheme subject to the local authority satisfying itself that the prime purpose of the development is to facilitate rail freight and the provision of satisfactory travel plan arrangements.

Any significant issues and comments raised are covered later within the Observations and Issues Section of this report. Any issues, which arise before the Committee meeting not covered, will be reported orally to the Committee.

SITE/LOCATION:

Site predominantly occupied by AHC (Warehousing) Ltd. The 42 Ha site comprises three principle areas identified as:

The Foundry Lane Site to the west; The Reclamation Site in the centre (also known as the Mound); and The Mathieson Road Estate (or West Bank Dock estate) to the east.

The Halebank industrial area and Foundry Lane bound the site to the west, Eddarbridge and Desoto Road to the east, the Granox/ PDM site and Mersey Estuary to the south and railway line to the north. Page 39

RELEVANT HISTORY:

Permission was previously granted to Drawbridge Securities (Ditton) and AHC (Warehousing) Ltd for the proposed redevelopment of the majority of the current application site for a freight terminal to provide 78,308 sq m of new distribution warehousing with improved road and rail access. The site ownership is complicated but has essentially now been sold to the current applicant.

UNITARY DEVELOPMENT PLAN DESIGNATION, KEY POLICIES AND SUSTAINABILITY OBJECTIVES:

The site falls within and area allocated as a Regional Investment Site for the development of a Ditton Strategic Rail Freight Park in the Halton Unitary Development Plan. The proposed also includes encroachment into an area of designated green space although all within the designated Potential Extent of the Ditton Strategic Rail Freight Park. As such policies S20: Regional Investment Sites; GE6 Protection of Designated Green space; 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/ Site Description

The proposed development area is located on the north bank of the Mersey Estuary forming part of the industrial areas of West Bank, Widnes.

The 42 Ha site comprises three principal areas; the Foundry Lane Estate (Site) to the west, the Reclamation Site (The Mound) in the centre and the West Bank Dock (Mathieson Road) Estate (Site) on the eastern part of the development area. The Foundry Lane and West Bank Dock sites are currently occupied by industrial units, whilst the Reclamation Site is a chemical waste (galigu) landfill and is capped, vegetated and planted with trees. The River Mersey lies to the south and two notable watercourses run across the area (Ditton Brook and Steward’s Brook).

The Reclamation site extends to approximately 18.5 Ha and consists of an engineered mound of galligu; a by-product of the local chemicals (and particularly alkali) industry, primarily associated with the Le Blanc process. The Foundry Lane and West Bank Dock parts of the site have also been built up in parts by galligu deposits.

It should be noted that there has been a previous planning application on this site for a similar development comprising 7 rail fed freight warehouses and this was granted consent in 2006 (planning reference 05/00212/FULEIA). The developer who was granted that consent (INNOVIS) planned to secure a Page 40

range of tenants for each of the buildings but subsequently divested the site to the current applicant Westlink Group Limited, prior to any development taking place. Westlink have taken an alternative approach to the development of the site and are seeking to place one primary occupier on the majority of the site in an integrated high bay and low bay distribution centre that will act as a central hub for a wider network of distribution centres, which in turn feed a national network of stores. In addition they are seeking to relocate an existing long-term tenant (logistics warehouse) to a new warehouse building, as the one they occupy currently will be demolished as part of the proposals. Although the new proposals conceptually do not represent a different use of the site from those previously approved for INNOVIS, they do involve a slightly larger land area and greater scale of built development. Furthermore proposed finished site levels are higher than previously proposed and there is a need to divert a watercourse (Steward’s Brook), which currently bisects the site.

Ground levels vary substantially across the site from between approximately 15.7m AOD on the West Bank Dock (Mathieson Road) Site and around 6.3m AOD on the Foundry Lane Site. The reclamation site is the dominant land feature in the area rising from approximately 7.0m AOD to 28.5m AOD. The sites setting can be best be characterized as a mixture of heavy and light industrial land uses but it is recognised that there are potentially sensitive residential areas and habitat sites in the locality that need to be taken into account in the assessment and implementation of the development.

Development Proposals

The intention of the proposed development is to provide a high quality inter- modal freight distribution centre for a key customer (international retailer) to support their regional network of distribution centres. This involves the demolition of a number of old, redundant and often unsafe buildings on the West Bank Dock Estate and the construction of a number of new, purpose built warehouse facilities.

It is intended that these units will be let to “blue chip” freight/logistics companies and well-known retailers (for product storage). There will be no chemicals storage firms or materials likely to fall under the COMAH Regulations or other hazardous substance notification or permitting regimes stored on site. The intended occupier of the main distribution centre sees this as a major strategic facet of their supply and delivery chain.

Policy Implications

The site is identified in the Halton Unitary Development Plan (UDP) as within an area identified as 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, Page 41

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. These can be summarized as follows:

• It is for use by business’, which utilise rail and support services. • High quality development suited to companies of regional and national distribution importance giving rise to new employment. • No significant adverse impact on the environment or amenity of local residents. • It would not prejudice wider rail improvements • Demonstration that it would not have a significant adverse impact on the local transport networks and trunk road network.

The site subject of the current application falls predominantly within land allocated as part of the core area of the DSRFP. The scheme does, however, involve the loss of an area of designated Greenspace. Between 1995 and 1998 HBC and Cheshire County Council used a former timber yard located between Ditton Brook and Stewards Brook, as a reclamation site where LeBlanc waste “galigu” from surrounding areas was deposited, capped with clay and topsoil and planted to create “The Mound” which is visible today.

It had originally been argued at the UDP inquiry that this area should be included in the core area of the DSRFP. The Inspector commented that:

“its value as a feature could readily be outweighed by its potential value as a development resource for the DSRFP”.

At that time, however, possible technical difficulties and Environment Agency concerns regarding potential remediation of contamination led the Inspector to conclude that the bulk of The Mound should be left outside the core area at this time. He did, however, recommend that it should be included within the boundary of the “Potential Extent of Ditton Strategic Rail freight Park” to be identified on the UDP proposals map.

Against this background it is considered that the harm resulting from such a loss of designated Greenspace, can be far outweighed by the benefits of the scheme and can be adequately compensated for by improved landscaping and tree planting throughout the scheme, including along the banks of the brooks, and contributions off-site. It is therefore considered that the provisions of UDP policy GE6: Protection of Designated Greenspace can be satisfied. It is also considered that the technical constraints of developing such areas can be overcome in this case.

Impacts of the Proposed Development: Introduction

Any project of this scale will undoubtedly have some impacts. A detailed assessment of the anticipated effects of the proposal through the construction and operational phases of the development has been submitted in the form of an Environmental Statement. The following is therefore intended to provide a Page 42

summary of the key findings, suggested mitigation measures and update on any developments.

Archaeology

The National Museum of Liverpool’s Archaeological Unit has carried out, a Cultural and Archaeological Assessment. The study area has been heavily developed since the 19 th Century and has been extensively tipped. It is, however, considered possible that the site may contain Roman deposits and thought to contain remains of at least local importance with the possibility that deposits of at least regional significance may be present.

The opportunity for investigating potential archaeological finds will be taken during the construction works by employing an archaeologist to maintain a watching brief over excavation works and assessing any findings of potential archaeological significance or interest. Samples may also be taken for further analysis if suitable.

The findings and recommendations have been accepted by the Council’s Archaeological advisor and it is considered that a scheme of investigation can be adequately secured by condition.

Air Quality

Potential sources of emissions have been identified and placed in the context of existing air quality and emission sources, as well as being considered in the context of locally sensitive receptors, most notably persons living and working in the area. Potential impacts arising from the construction phases associated with the proposed development have also been considered in this regard.

The assessment has been considered in the context of potential impacts on locally sensitive receptors, including residential properties, schools etc and any locations where the young, elderly and infirm could be exposed to elevated pollution levels for extended periods of time and thus where there may be potential human health impacts.

The key issues considered are as follows: • Nuisance impacts from construction dust; • Impacts from site vehicles and mobile plant on local air quality; and • Impacts from traffic and rail emissions during the operation on local air quality.

Impacts during Construction

The immediate surroundings of the development site, including the buildings, roads and open area, together with the people who access them, will be those most at risk of being exposed to dust effects. The development site is located in a predominantly industrial area, bounded to the southeast and southwest by industrial developments and to the north by the rail line servicing the current rail freight terminal. Industrial land uses are generally not sensitive to Page 43

dust impacts, and in themselves can be a source of dust emissions. It is therefore suggested that the potential for dust impacts to arise at the land uses in the immediate vicinity of the site is considered low. As the nearest receptors are located over 200m from the site boundary nuisance dust impacts from construction activities are likely to be low. Additionally the prevailing wind is westerly, thus greatest impacts would be to the east, significantly reducing any potential for impacts at Hale Bank and Ditton. Impacts of the construction phase on both nuisance dust and local air quality are therefore predicted to be low and insignificant with the implementation of common practice (and often mandatory) mitigation measures.

Operational Impacts

Impacts from the operation of the development have been predicted as low. The location and nature of the site, being open and adjacent to the Mersey, promotes the dispersion of pollutants, reducing any possible impacts on local air quality. It is considered that a maximum increase in rail movements of 4 trains per day would have an insignificant impact on local air quality. Freight will also be delivered and removed from the site by HGVs. Changes in road traffic emissions along links in close proximity have been predicted and the impacts on local air quality assessed. It is suggested that the proposed development will result in a very small increase in pollution concentrations and is therefore considered to have a slight adverse impact on local air quality.

There are limited options to mitigate impacts arising from the operational traffic associated with the proposed development. A green travel plan will be developed to encourage the workforce to adopt sustainable methods of travel to and from the development thereby reducing the number of car movements and a draft plan has been submitted with the application.

The Air Quality Assessment is currently being reviewed and, whilst it is not considered that significant issues will be raised, Members will be updated fully.

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, two of these COMAH sites, Tessenderlo and BOC, no longer exist and the installations have been removed. The HSE did not advise against the granting of the earlier planning permission (05/00212/FULEIA).

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 Page 44

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.

Ecology and Nature Conservation

The site is located about 150 metres to the north of the Mersey Estuary, which is designated as a Site of Special Interest (SSSI), a Special Protection Area (SPA) and as a Wetland of International Importance under the Ramsar Convention. It is one of the key estuaries in the UK for wintering waterfowl. It supports internationally important numbers of migratory waterfowl in winter, together with other species in nationally important numbers. It is also important for some passage migrants in the spring and autumn. The proximity to the Mersey Estuary is a key issue with respect to the development.

Desktop studies and baseline ecological surveys have shown that the majority of the site is in itself of limited ecological and nature conservation interest. Most of the site is covered by bare, un-vegetated hard standing or is used for warehousing and other industrial uses. Apart from possible use of buildings by nesting birds, these areas are considered to be of no intrinsic ecological interest. There is no evidence that roosting bats use any of the buildings. The key features of ecological interest within or adjacent to the site are concentrated along the two watercourses – Steward’s Brook and Ditton Brook – and on the Mound.

Most of the potential impacts are considered capable of avoidance or effective mitigation. A range of appropriate mitigation measures is proposed, together with ecological monitoring to assess their effectiveness and provide early warning of any unforeseen impacts. The likely residual negative impacts of the development are: construction phase risks of water quality impacts on the Ditton Brook and Steward’s Brook, with consequent effects on the Mersey Estuary; temporary disturbance to teal using the upper part of the Ditton Brook; and the loss of rough grassland and other habitat.

All of these are considered as being of relatively minor significance. The loss of The Mound, an area of existing wildlife habitat and allocated green space, it is considered can be adequately compensated for through the remediation and landscaping opportunities associated with the diversion of Steward’s Brook, wider landscaping opportunities and secured contributions to off-site landscape and habitat works. There will also be longer-term minor benefits to water quality and a reduction in teal disturbance levels.

The Councils Wildlife and Conservation Officer has confirmed he raises no objections subject to securing appropriate mitigation/ compensation through appropriate planning conditions, as have Natural England subject to adequate protection and mitigation of internationally protected species, most notably, badgers and bats.

Landscape and Visual Character

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The existing site and surrounding area have an overall large scale, often degraded, industrial landscape character with low visual quality, low value and low sensitivity to change. The mound and the two watercourses, however, are of moderate quality and sensitivity.

There are few views into the area. The main views are from the main Liverpool – Warrington railway line to the north and east. Some views from Hale Bank may also be possible and as such the majority of the development is not considered to raise significant visual and character issues over and above those approved under the earlier INNOVIS scheme. The current proposals do, however, include a substantial high bay warehouse with an overall height of approximately 40m. Such a height is required to meet the operational requirements of such a large retail distribution facility and specific requirements of the proposed future occupier.

The proposed development will replace the existing run down buildings and facilities of various ages and designs with a well designed and co-ordinated development including substantial tree planting and good quality landscape treatment to create a ‘flagship’ development which it is considered will generally result in a considerable improvement to the existing landscape character of the area. The adjoining Hutchinson’s Hill and PDM facility significantly screen the proposed structures from the River Mersey, which is at a relatively elevated land level. The proposals also adjoin the rail viaduct, Runcorn to Widnes Bridge and associated raised approaches and the O’Connor’s gantry cranes, which provide some land relief. The highbay element of the proposal will, however, undoubtedly be highly prominent and visible from a wide area. Any impacts resulting from the scale and detailed design of the development must be balanced against the specific needs of the end user and the wider benefits that such a scheme would bring.

Night Light

The current site has a number of existing luminaire (light fittings) and lamp types, ranging from column mounted street lanterns to wall mounted floodlights. However, the site is not entirely illuminated, as the lighting tends to be concentrated in and around existing buildings, storage yards and security lodges. Large areas therefore remain in darkness after hours and are not suitable as a safe working environment. In addition most lighting tends to be badly fitted and maintained without adequate louvers or baffles and, as a consequence produce light pollution in the forms of upward light, spill & trespass. Another associated problem is that of glare caused by the visibility of the light source (lamp).

The proposed lighting design will increase the number of luminaries and resulting luminance levels around the site, whilst providing the opportunity of utilising a more efficient and controlled light distribution. Upward wasted light can be reduced and the luminaire design, means that glare can be reduced to a minimum, especially from outside the site boundary. The lighting design, location of the site away from residential properties and the nature of the surrounding industrial areas mean that light trespass is not considered likely Page 46

to be an issue. Certain aspects of the site, such as the central green space, embankments lining the perimeter also help conceal and control both light spill and visibility of the site and lighting equipment. The proposed redevelopment of the site together with the new lighting installation has been designed to improve the quality of the site whilst providing a safe working environment, in- line with current guidance and codes of practice.

It is considered that submission of the detailed lighting scheme can be adequately secured by condition and agreed to ensure light pollution is kept to a minimum and no significant loss of amenity to existing and future residents.

Noise and Vibration

A series of environmental noise measurements have been undertaken and noise predictions carried out to identify any noise impacts that are likely as a result of the construction and operation of the proposed development. The assessment considers the following potential noise and vibration impacts as a result of the proposed development:

• Plant operation during the site preparation and construction of the proposed development; • Road and rail movements during the operation of the proposed development; and • External loading and unloading activities associated with the proposed developments operation.

Impacts are predicted to be of minor significance during the site preparation phase at receptors located in Hale Bank, and of no significance during any of the remaining phases or at any other receptors. It is predicted that construction of the proposed development will not give rise to perceptible levels of vibration.

Changes in noise emissions for the roads that are likely to be used to access the proposed development have been predicted, and the impact of changes in noise level assessed. All the roads considered in this assessment are predicted to experience imperceptible increases in noise which when compared with the criteria adopted for this assessment are considered to be of no significance. Increases in railway movements as a result of the proposed development are predicted to be negligible when compared with the relatively high levels of passenger trains that currently pass the site. As such, it is considered that any increases in railway noise levels will be imperceptible. The impact of noise from external operations at the proposed development, such as the arrival and manoeuvring of freight trains, manoeuvring of HGV’s and the operation of forklift trucks has been assessed. It is suggested that during daytime, there is an indication that complaints are unlikely and during the night-time, operational noise is likely to be much less than marginal in significance, approaching the complaints unlikely situation in most cases.

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The Council’s Environmental Health Officer is currently reviewing the submitted information to ensure that the nearest noise sensitive properties, including proposed new residential properties at Hale Bank, are accounted for. It is, however, considered that subject to suitable conditions and mitigation measures no significant issues will be raised with respect to noise and vibration and Members will be updated fully as required.

Socio-Economic Issues

The development on the existing AHC Warehousing Ltd holdings on the West Bank Dock (Mathieson Road) Estate, Widnes, is presently an underused land resource with direct links to the main line network to Liverpool and Crewe. Historically a manufacturing location, the site is now utilised for predominantly warehousing and distribution purposes. This successful AHC operation is already providing benefits to what has been a declining area in need of regeneration. The identification of this initial success has led to its allocation as a Regional Investment Site with a specific branding as an Inter-modal Freight Park.

The proposal to expand and intensify usage of the site will bring greater benefits to both the development and the local area. These include: • Economic reuse of poor quality development land; • Improvements to the built environment with new quality distribution buildings, increasing the accommodation; • An opportunity to develop support and administrative services within the estate, for example office functions, vehicle maintenance, café/ canteen/ recreational facilities, crèche etc., on a fully managed site. • Contribution to sustainable transport policies with a projected increase in rail freight traffic; and • Increase in both direct and indirect employment, on both a temporary and permanent basis.

Ordinarily, the West Bank Dock Estate would not attract either the investment or the occupiers solely as a road centred distribution park. The unique selling point is its access to the national rail network, enabling integrated rail linked warehousing.

Combining the areas of employment generation together, the new development will provide for over 1700 jobs and will regenerate a substantial key strategic site in the Widnes area.

Soils, Geology and Land Contamination

The land that forms the application site has been subject to a long and varied history of potentially contaminative land uses including tipping of chemical and industrial wastes.

The applicant, within the Environmental Statement, has reviewed a large volume of historical ground investigation data and presented a significant volume of new information and site assessment. The assessment has shown Page 48

that variable amounts of made ground cover the site. A number of potentially significant contamination types have been identified in this initial site assessment, including heavy metals, ground gasses and hydrocarbon contamination. Ground stability is also an issue with some of the waste deposits (Galligu). However, the Council’s Contaminated Land Officer has confirmed that the contamination issues as recognised are not untreatable and outline proposals have been put forward.

As the submitted information recognises, the ground assessment is only an overview of conditions and the proposals require significant groundworks and substantial areas of cut and fill to provide manageable levels at the site, substantial additional work is required before the development can proceed. Specifically this includes additional site investigation to delineate the contamination hotspots, to complete the assessment of the impact on ground and surface waters and to cover areas that have had limited investigation to date, and the associated risk assessment. It is not however considered that the addition of works to remove The Mound and divert water courses raise significant additional issues not capable of suitable remediation and/ or containment techniques.

These works will in turn allow a detailed site remediation strategy to be devised and agreed with the Council. This will include details of protective measures for on site workers, buildings, landscaping and the water environment and also a detailed plan of the treatment and movement of material around site to generate the correct ground levels and stability. Most of this work will be controlled and permitted by the Environment Agency through powers under the Environmental Protection Act 1990 and other legislation and can be adequately controlled by condition. The Environment Agency has been consulted and their formal response is awaited. Members will be updated accordingly.

Sustainability

The submitted Environmental Statement provides a brief assessment in broad terms of the relative overall sustainability of the proposed development. It is suggested that the proposals provide a broad range of sustainable development measures, most notably those that relate to freight transport and access, which take full advantage of the excellent links to the local rail and road network.

The current use of the site comprises ad-hoc development implemented over a number of years and associated ad-hoc construction materials, transport arrangements and waste management. Many areas of the site are currently unused or poorly utilised when they could be made inclusive to an economically viable and productive use of a large brownfield site. The new buildings will achieve higher standards of environmental design as part of a sustainability agenda for the whole of the site. The development will be assessed and certified against the BREEAM sustainability appraisal criteria or similar Sustainability Appraisal schemes in due course. The intention is to achieve “very good” sustainability credentials for the site. Page 49

As part of the Tenants Environmental Charter it is proposed to include proposals to encourage reducing landfill disposal and the use of sustainable travel as identified in the Green Travel Plan.

Traffic and Transport

Detailed analysis using appropriate methodologies of likely levels of traffic generation and network capacity for both road and rail formed an integral part of the successful allocation of, and policies for, the Ditton Strategic Rail Freight Park at the Public Inquiry for the UDP.

The difficulty of predicting with any certainty the likely effect on vehicle or train movements and their impact on the existing network must be acknowledged. In order to determine the traffic likely to be associated with rail based warehousing surveys were commissioned at the existing warehousing development on the Foundry Lane Estate based largely upon 2008 and 2018 for a year of opening and 10 years design growth. The analysis suggests that all assessed junctions will operate within capacity in a year of opening and that there is no significant difference between the proposed scheme and that already permitted. It is therefore suggested that there is no requirement for improvement to off site junctions arising from the proposal. The additional traffic on Junction 7 of the M62, is not expected to be significantly affected. Overall, whilst traffic may increase over that presently experienced accessing the site, it will be more efficiently managed and there will be wider benefits in terms of improved rail – road logistics and warehousing.

The application as submitted proposes that HGV and goods related traffic serve the site solely to the east via Desotto Road. To enable a degree of operational separation all staff vehicles and parking will access and egress via the western access to Foundry Lane. Whilst it is considered that the levels of traffic can be adequately accommodated, UDP policy requires that such development should not adversely impact on the amenity of local residents particularly in Halebank. The attraction of such numbers of employee’s cars to western access will undoubtedly increase traffic levels within the Halebank area. To this end the applicant has agreed to make substantial contribution by means of s.106 towards the proposed Halebank by-pass, which has long been an aspiration of the Council as part of the regeneration initiatives for the Halebank area. This will also require the necessary upgrade of the existing bridge over Ditton Brook.

The Environmental Statement also includes a framework travel plan to help deliver more sustainable transport options and reduce car usage the details of which can be resolved and secured through suitable use of conditions. The applicant has also agreed to off site contributions by means of legal agreement towards improved public transport facilities/provision and to carry out off-site works to improve pedestrian and cycle routes to the site.

With regard to rail traffic generation and network capacity the Environmental Statement provides an assessment based on estimated levels of rail freight Page 50

generation, the capacity of the proposed warehouses and anticipated stock turnover. There is little debate that the main line is capable of accommodating the likely additional rail traffic generation. Indeed, Network Rail has confirmed that they raise no objection in principle to the proposed scheme. The Environmental Statement and consultants for the applicant have estimated likely generation of additional train movements could be accommodated within the existing network marshalling yards and sidings. Again it is difficult to predict likely generation levels and capacity with any certainty. Re-assurance can, however, be gained from proposals to upgrade rail siding capacity at Ditton Junction to ensure sufficient reception siding capacity into the future and development of the rail freight park as a wider concept. This will take place within land owned by the Council for which planning permission (07/00362/FUL) was recently approved. Rail and rail freight handling within the site is also largely designed to utilise the adjoining improved O’Connor facility which is also under the control of the proposed developer.

It is considered that all practicable means have been taken to secure the development of the site and ensuring future capacity both in terms of road and rail, adequate provision for alternative means of travel and that the proposal will not result in significant adverse highway and transport related impacts. It is considered that all other outstanding matters can be adequately controlled by condition.

Water Quality, Hydrology and Flooding

The Environmental Statement includes a flood risk assessment as required by PPS25 and consideration of water quality issues. The proposed development site lies adjacent to three tidal watercourses that drain to the River Mersey: Ditton Brook, Steward’s Brook and Marsh Brook. Overtopping of the flood defences of these watercourses is considered to form the major potential source of flooding of the site. The Environment Agency advises that there has been one major flood event on Ditton Brook in February 1990.

The existing flood wall and natural lie of the land provide a measure of flood defence to an appropriate standard although regular inspections and maintenance of the flood wall are recommended. The site finished levels will be above this flood risk level and thus the site is unlikely to be subjected to flooding. The diversion of Steward’s Brook will allow the development to proceed and maximize use of the site. It will however also bring a number of potential wider benefits which include: removing the linkage between site (soil and groundwater) contaminants and the water within the brook so will reduce its pollution loading; Using the new and old courses of Steward’s Brook to discharge clean surface water will help to dilute contaminants already within the water (from the golf course) and lessen the impact on the River Mersey; It will provide for an overall greater length of open channel than exists currently or as approved under the earlier scheme thereby increasing opportunities for landscape and habitat improvements.

Overall, therefore, it is considered that the development will have a beneficial impact on the aquatic environment. It is considered that such outstanding Page 51

matters can be adequately controlled through conditions and ongoing site investigation and remediation. The development will also be subject to stringent regulation under legislation enforceable by the Environment Agency and the Council.

Waste Management

Wastes are an inevitable aspect of any business activity. These are evident with the current site operations and this will continue with the redeveloped site. There will be two aspects to waste management associated with the redevelopment. Firstly one off wastes will be generated during the construction phase (and in particular the excavated soils and galligu associated with site preparation). Once the site is developed and operational there will be routine wastes associated with the business activities of the tenants.

Construction wastes arisings can and will be re-employed, as far as possible within the site, to re-use material and avoid landfill disposal. The demolition rubble and excavated soils associated with the site clearance and construction works is anticipated to be the dominant and most environmentally significant waste stream associated with this project. It is however, suggested that this will be transient in nature and will be handled almost entirely on site.

The wastes associated with the operation phase will be much less problematic and will be governed by a site wide Waste Management Policy. It is recommended that a condition be included within any permission requiring the submission and agreement of such details to ensure that efforts are made to minimise waste in accordance with the wider aims and policies of the Council.

Although surface water outlets on or close to the site are known to be contaminated, it will not be acceptable to simply discharge waste waters to these bodies and on site waste water management will be required. Once the site is operational, given the absence of access to a foul sewer, it will be necessary for each unit to have a small bespoke sewage treatment plant that will treat the sanitary waste to a sufficient standard to allow discharge of the treated waste water to the nearby water courses The project is not yet at a stage where the detailed design or capacity of these plants can be established, but there will be full consultation in this with the EA to ensure the plants are acceptable.

Overview and Conclusions

The application seeks to provide a substantial development of new distribution warehousing with improved road and rail access. The 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 mix of relatively low quality warehousing and general industrial functions with a Page 52

degree of rail access to the site but is widely accepted not to be fulfilling its potential.

The UDP Proposals Map and Policy S20 identify the site as part of a Regional Investment Site requiring development to make a significant contribution to the regional economy. Policy E7 locates the site within the Ditton Strategic Rail Freight Park (DSRFP), a phased strategic inter-modal freight park to be used by businesses of national or regional distribution importance that utilise the railway for the transportation of freight or provide supporting services. Development within the DSRFP is also required to demonstrate that it will create employment opportunities for local residents and contribute to urban regeneration without adverse impact on the environment, the amenity of the local populus or local transport, trunk and rail networks.

In addition to these two key policies, the UDP sets down a range of protective policies intended to minimise the impact of the development on the local communities, the environment (including designated Greenspace, such as the Mound, and the surrounding road and rail network.

Whilst the proposed development is undoubtedly constrained by existing neighbouring land uses and topography, it is considered that the proposed scheme will form the genesis of a phased high quality intermodal freight facility in accordance with the aims of national, regional and local policy. The scheme promises a development of regional, if not national, significance and attracting considerable inward investment creating significant numbers of jobs.

The Environmental Statement demonstrates 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 pollution from existing ground and water contamination. The applicant has also agreed to make substantial contributions by means of legal agreement towards off site highways, transport and landscape/ habitat improvements and to provide all reasonable incentives to encourage travel by modes of transport other than the car.

In terms of the physical layout, the aim is to service all new units by road and rail mainly through the inter-relationship between the proposed development and the co-owned O’Connor’s facility. The proposals are considered to offer substantial improvements to the current site and a quality of development suited to it. Whilst any development of such a scale will undoubtedly become highly visible and a prominent feature this must be balanced against the needs of the future occupier and the wider benefits that such a scheme could bring. It is considered that all reasonable efforts have been made to minimise the visual and physical impact of the development having particular concern to the physical and natural environment and the amenity of adjoining premises and communities.

The principles of future road connectivity to the proposed HBC fields development and potential extension of the rail system to the east are not considered to be prejudiced by the current proposals. The loss of the Page 53

designated Greenspace on the Mound to secure necessary rail infrastructure is not considered to raise significant objection when assessed against the provisions of UDP policy GE6, the provision of compensatory planting and account is had for the reasons behind its designation.

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 off site highway improvements and public transport provision, off site landscaping/ habitat works and upgrade of watercourses and associated landscape/ habitats.

b) The following conditions:

• Specifying amended plans (BE1) • Specifying approved use (E7) • Requiring submission and agreement of materials (BE2) • Requiring submission and agreement of boundary treatments (BE22) • Requiring submission and agreement of street furniture, signage and equipment (BE2) • Requiring submission and agreement of detailed landscape works (BE2) • Requiring submission and agreement of landscaping and management plan including wildlife and habitat protection measures • Restricting areas and height of external storage (E5) • Control of installation/maintenance of external lighting (PR4) • Protection of nesting birds (GE19) • Agreement of waste management strategy (BE1) • Ground Investigation and mitigation (PR14) • Requiring implementation of an archaeological watching brief (BE6) • Submission and agreement of cut and fill details and finished ground levels (BE1) • Laying out of access/parking and servicing BE1) • Drainage (PR5) • Submission and agreement of details relating to bin storage (BE1) • Provision of disabled parking and cycle parking (TP6/ TP12) • Requiring wheel cleansing facilities throughout construction phase (BE1) • Restricting construction and delivery hours (BE1) • Routing of traffic and vehicles during construction and operational phases to secure Foundry Lane access for staff and emergency use only (E7) • Agreement of details for reconfiguring/ rebuilding of bridge over Ditton Brook (BE1) • Agreement and implementation of travel plan (TP16) Page 54

• Grampian condition/ method statement for securing and ensuring servicing by rail freight (E7) • Grampian conditions relating to agreement of details for upgrades to watercourse and associated landscaping/ habitat creation, off-site works to the Desoto Road Roundabout and off and on-site cycle and pedestrian 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). ______