Approve with Conditions Subject to the Completion of a Section 106

Report to: PLANNING COMMITTEE Date of Meeting: 6 June 2018

Subject: DC/2017/02359 Land East Of Waddicar Lane North Of Footpath Melling No 3, North Of Rainbow Park Waddicar Lane, Melling

Proposal: Erection of 149 dwellings, construction of new vehicular access, flood attenuation basin, landscaping and associated works

Applicant: Ms Jane Aspinall Agent: Mrs Rhian Davitt-Jones Bellway Homes Limited and Cushman & Wakefield Audrey O'Donnell

Ward: Molyneux Ward

Summary

This is an application for the approval for 149 homes on an allocated housing in the Sefton Local Plan (site reference MN2.31).

The main issues to consider are the principle of development, density, affordable housing and housing mix, living conditions of residents, access and highway safety, flood risk and drainage, design and character, impacts on local services, open space and public rights of way, crime and anti-social behaviour, contamination, air quality, landscaping and ecology.

It is considered that the proposals satisfy all relevant policies and it is recommended that the application is approved subject to conditions and a section 106 legal agreement.

The application is subject to three petitions, each endorsed by Councillor Carr.

Recommendation: Approve with conditions subject to the completion of a Section 106 Agreement securing the following: Affordable Housing; Accessible and Adaptable Homes; Education Contributions; contribution to the improvement of Rainbow Park; and payment for new bus stop on Waddicar Lane

Case Officer Mr Ian Loughlin

Email [email protected]

Telephone 0345 140 0845 (option 4) Application documents and plans are available at: http://pa.sefton.gov.uk/online-applications/applicationDetails.do?activeTab=summary&keyVal=P19OI8NWKTZ00 Site Location Plan

The Site

A 5.82ha site to the east of Waddicar Lane, Melling to the north of Melling Path number 3 and Rainbow Park

History

None relevant to this application, except:

Ref: DC/2017/00201, Proposal: Erection of a sub-station with associated landscaping, Decision, Approved with Conditions, Decision Date: 04-APRIL-2018

Consultations

Highways Development Design – No objections subject to conditions related to highways improvement works

Local Plan Team – No objections

Flooding and Drainage – No objections following amendments to the drainage layout and subject to securing the long term management of the drainage scheme through a section 106 agreement.

Environmental Health – No objections subject to a condition in relation to acoustic glazing

Contaminated Land Team – No objections subjection to a condition related to the testing, treatment and disposal of topsoil.

United Utilities – No objections to the proposed development subject that conditions related to foul and surface water are included.

Natural England – No comments

MerseyTravel – No objections. A number of public transport improvements were suggested.

Merseyside Environmental Advisory Service – No objections subject to securing a Construction and Environmental Management Plan and improvements within the site to mitigate and improve habitats

Merseyside Police Architectural Liaison Officer – No objections subject to measures put in place to prevent motorbikes accessing public footways.

Melling Parish Council – Object to the proposals on the grounds of the risk of flooding, security concerns in relation to the improvements to the footpath and access to the park, access to site and the loss of land in the Green Belt.

Neighbour Representations

Letters were sent to surrounding residents, including those in Knowsley. Site notices were placed in a number of locations around the site and a notice was published in the local paper. Additional letters were sent to residents following amendments to the layout of the proposed scheme.

Following the notification periods, neighbour representations have been received from residents living in the local area, including from those living on Archers Fold, Beldale Park (Knowsley), Chestnut Walk, Hayes Drive, Hazel Mews, Keble Drive, Marc Avenue, Martine Close, Mount Crescent (Knowsley), Olive Close, Prescot Road, Rainbow Drive, Satinwood Crescent, Southney Close (Knowsley), Swinderby Drive (Knowsley), Waddicar Lane, Wheeler Drive and Willsford Avenue.

A petition signed by 110 local residents has been submitted and endorsed by Cllr Carr. This petition calls for the review of the proposed drainage plans to consider the flood risks for new and proposed properties, review whether the existing sewerage drainage is suitable and review the new access to Rainbow Park.

A petition signed by 27 local residents has been submitted and endorsed by Cllr Carr. This petition is against the proposed plans for the flood attenuation basin and connection to the existing watercourse due to the increased flood risk posed to existing properties.

A petition signed by 31 local residents has been submitted and endorsed by Cllr Carr. This petition is against the planned amendments to footpath Melling number 3.

All the public comments have been summarised by topic and wider issues have been noted within the relevant section of the assessment. The following issues have been raised:

Principle of development  Loss of Green Belt  Other more suitable sites available for homes  Loss of agricultural land

Traffic and Highways  Waddicar Lane/village cannot cope with additional traffic  Current traffic management doesn’t work  Access to the site would not be safe  People won’t use garages and will park on street

Drainage and Flood Risk  Flood prevention measures not appropriate  Concern that flood measures will not be maintained  Increased hard standing areas will increase flooding  The pond would be a safety risk to children  Why was sequential test and exception test not required?

Inadequate services and facilities  Melling Primary is full  GP is only open few days in week  Insufficient public transport  Sewer system can’t cope  Not ATM or Bank  No jobs in the village  No leisure facilities for children and young people

Anti-social issues  The footpath should be diverted  Object to wall removed at end of Marc Avenue  Concern that access to park will be open in the evening

Impact on existing residents  Light from traffic will shine into existing properties  Noise/Air quality from traffic  Disruption caused by construction  Privacy issues  Loss of light

Other issues  Decision has already been made without consulting residents  Why weren’t all residents in Melling notified?  Ignored previous objections to the development of this site  Melling will lose its character  Density of the proposal too high  Impact on nature  Risk of building below electric cables  Impact on local house prices  Inaccurate information in studies/assessments  Have Councillors or officers received incentives from the developer or agent?  No mention of bungalows or homes for older people

Policy Context

The application site lies within an area allocated for housing in the Sefton Local Plan which was adopted by the Council in April 2017 (listed in the Plan as site MN2.31).

A Neighbourhood Plan for Melling is currently being prepared. Consultation under Regulation 14 has yet to be commenced. It therefore carries no weight.

Assessment of the Proposal

Principle of development

The application site was released from the Green Belt for residential development (site MN.2.31) through the adoption of the Sefton Local Plan in April 2017. This established the principle of residential development on this site.

Housing Supply

The Council currently have a 4.5 year housing land supply. This application would support Sefton’s housing land supply and make an important contribution to meeting its identified housing needs. The Local Plan Inspector, in his findings into the Local Plan, concluded,

‘Waddicar Lane … would make a substantial contribution to meeting those [housing] needs in a sustainable location and with relatively few adverse impacts’.

Density

The proposal is for 149 homes. The indicative capacity in the Local Plan for this site is 178 homes. As the site is 5.82 hectares in size the proposed density is 25.6 dwellings per hectare. Whilst Policy HC3 Part 4 of the Local Plan (‘Residential Development and Development in Residential Areas’) states that new residential development should achieve a minimum density of 30 dwellings per hectare, it does allow for lower density if the provision of infrastructure within the site makes this impractical. As the proposal requires an onsite sustainable drainage pond (see below) a large area of the site cannot be developed. Allowing for the area for the drainage pond, the resultant density for the remainder of the site is 34 dwellings per hectare, which is acceptable. Affordable Housing

There are proposed to be 44 affordable homes provided as part of the scheme. In accordance with Policy HC1 of the Sefton Local Plan, 30% of the scheme (measured by bedspaces) must be provided as affordable housing. 80% of the affordable housing should be in social/affordable rented with the remaining 20% as intermediate housing.

The proposal includes a total of 729 bedspaces. 220 (30.18%) of these are within affordable housing. Of these 175 (79.5%) bedspaces are in social rented properties and 45 (20.5%) bedspaces are in intermediate properties.

The 44 affordable homes are distributed across different parts of the site. Whilst there are two groups of eight affordable homes within the scheme, there are affordable homes in different parts of the proposal. This includes affordable homes in the south of the site (overlooking the open space), within the centre of the site, and in the north east of the site, towards the open countryside. Whilst Policy HC1 of the Local Plan states that groups of no more than six affordable homes should be grouped, it is considered the affordable homes are well integrated into the scheme and accords with the aims of the Local Plan in promoting mixed communities.

All the affordable homes are within semi-detached housing. The scheme also includes many semi-detached homes for sale. All the houses (market and affordable) are of a similar style and use the same suite of materials. All housing, regardless of tenure, have on-site parking for two cars, have rear gardens and the same fencing detail. It is therefore considered that the homes are ‘tenure blind’, i.e. there is a consistency between the market and affordable homes.

The affordable housing will be secured through a section 106 agreement.

Housing Mix

Schemes of 25 homes or more are required to provide a mix of house types in terms of number of bedrooms. The requirement applies to market homes only. This requirement is set out in Policy HC2 of the Local Plan and is intended to secure a wide mix of housing types for sale to meet the needs of local people.

The following table sets out the number of market homes proposed and the number and percent (to nearest whole number) for different house types.

House Types (No. of Number of units (%) Policy Requirement bedrooms) 1 or 2 bedrooms 26 (25%) 25% 3 bedrooms 43 (41%) 40% 4+ bedrooms 36 n/a TOTAL 105

The housing mix provided on site accords with the requirement of Policy HC2. Part 2 of policy HC2 requires 20% of market dwellings to be designed to meet Building Regulations requirement M4(2) which provides for ‘accessible and adaptable dwellings’. The proposal meets this with 22 market units (21%) of the market homes designed to this standard.

The proposal therefore complies with Local Plan Policy ‘HC2 Housing Type, Mix and Choice’. The housing mix will be secured by Condition 2

Living Conditions of Residents

The Council’s guidance on New Housing sets out that there should be a minimum distance of 21 metres between windows of habitable rooms in properties that face each other. Habitable rooms are rooms in which people spend long periods, such as living rooms, dining rooms, kitchens, bedrooms etc. There should also be a minimum distance of 12 metres between windows of a habitable room that face a blank façade or windows of a non-habitable room (e.g. bathroom, kitchen, utility room).

Existing Residents

The proposal is to the north of Melling village. There are existing properties to the west of the site along Waddicar Lane, to the south at Archers Fold, Marc Avenue and Martine Close and to the east at Beldale Park in Knowsley. There are no properties to the north of the site which is, and will remain, open countryside. The original plans proposed homes that were too close to the existing homes on Beldale Park. The plans were revised and the proposed development accords with the minimum interface distances with the existing homes as set out in the Council’s guidance. Impact from construction activities will be mitigated through a Construction Environmental Management Plan which is secured by condition.

Future Residents

Following amendments to the layout, the minimum interface distances are almost entirely met between the new homes. There are a few minor exceptions where the distance is marginally below the standard.

The rear elevation of plot 85 is 10m from the side (blank) elevation of plot 83, although it is on a slight angle that gives a more open view across gardens. The rear of plot 53 is 11m distance from the side (blank) elevation of plot 51, but this home has a clear view from the front to open countryside to compensate.

The front elevations of plots 50 and 67 are 15m distance apart, however the only window from a habitable room to the front elevation of the house at plot 67 is a small secondary window to the dining area. Finally plots 43 and 47 have a distance of 19m between the front elevations, but these homes do not directly face each other and are offset by a couple of metres. In all cases the home impacted is a home for sale and any future residents would be aware of the proximity of other homes and will make an informed choice prior to purchase.

There is therefore considered to be minimal harm to residential amenity for a small number of future residents due to interface distances.

The private amenity space standards are met for all the new homes (i.e. 60m2 for 3+ bedroom homes and 50m2 for 2 bedroom homes) and in many case significantly exceeded.

Overall it is considered the layout provides a good residential environment and any minimal harm is outweighed by the overall design of the layout.

Access and Highway Safety

The proposal will be accessed by a new priority junction from Waddicar Lane where the speed limit is 40mph; however this reduces to 30mph approximately 30m south of the site access.

Trip Generation and Impact on the Highway Network

The applicant has submitted a Transport Assessment (TA) in support of the application. The TA provides a detailed forecast and analysis of the amount of traffic that will be generated by the proposal for both the application year (2017) and a future year (2022) and how this will impact on the local highway network. The Transport Assessment considers the impact of the proposed development on the following junctions:

• Site Access/Waddicar Lane • Waddicar Lane/Prescot Road • Waddicar Lane/Spencers Lane

The assessment shows that the proposed development will generate 80 two way trips in the am peak, 87 two way trips in the pm peak hour. This equates to less than three vehicle movements every 2 minutes in either direction during the week day peak hours.

An analysis of the proposed site access was undertaken as part of the TA, which demonstrates that the junction will operate well within capacity in both the year of development and in 2022. Analysis of the roundabout junctions at Waddicar Lane/Prescot Road and Waddicar Lane/Spencers Lane were undertaken. The purpose of this is to analyse the impact the additional traffic and change in vehicle distribution may have upon these junctions. The results of this assessment show that the junctions currently operate within capacity in the am and pm peaks and will continue to do so with the addition of the development traffic for the next 5 years.

Vehicular and Pedestrian Access

The proposed access to the development from Waddicar Lane is acceptable and provides adequate visibility.

The site is in a fairly accessible location, being close to a number of local shops and facilities. Kirkby Rail Station is approximately 1km away on foot and cycle. There are existing bus stops within 400m of the site, with bus services that travel to Aintree, Maghull and Liverpool City Centre.

Merseytravel have indicated that the bus stops on Waddicar Lane, near the site entrance, are in need of improvement. As there are two large housing allocations in the village it is considered proportionate and reasonable to secure a new bus stop on the southbound pavement through this proposal. This will be secured through a section 106 agreement.

Merseytravel did request that a turning circle be provided within the site to enable a bus, after driving through the village from Aintree, to enter the site and return. However, whilst this was an aspiration, it couldn’t be achieved due to site constraints (e.g. providing the number of homes and drainage pond). As the current bus route is only a ten minute walk away this turning circle was not considered essential.

There is an existing definitive Public Right of Way, Melling Footpath No.3, running along the southern boundary of the site. It is currently an unmade field edge path of 1.5 metre statutory width. The path will need to be surfaced and increased in width to 2 metres to provide a more suitable and useable path for pedestrians.

Although the site is fairly accessible there are existing barriers to pedestrians being able to move freely. In order to improve the level of accessibility, a small package of works has been identified, to improve connections for pedestrians and cyclists. The developer will be expected to wholly fund a scheme of highway works, which will include the following elements:-

 Provision of flush kerbs and tactile paving at the junction of Waddicar Lane and Rainbow Drive  Alterations to the boundary wall at Marc Avenue to provide access for pedestrians but restrict vehicle access.  Alterations to Melling Footpath No.3  Alterations to the Waddicar Lane South bound pavement to facilitate a new bus stop  Traffic Regulation Order to alter the location of the 30mph restriction zone on Waddicar Lane

These will be secured by condition.

Site Layout

The layout of the access roads, footways and shared surface areas within the development site is generally acceptable. Sefton Council, as the Highway Authority will adopt the carriageway and footways but not the shared surface areas.

The internal road layout and accesses must all support visibility splays of no less than 2m x 22m.

In addition, a Traffic Regulation Order (TRO) and appropriate signage would be required in order to enforce a 20 mph zone throughout the site.

Tracking drawings submitted generally illustrate that delivery, servicing, refuse and emergency vehicles can safely manoeuvre within the site and are able to access and egress the site in a forward gear.

Parking

The TA indicates that the level of parking will be in accordance with the Council’s guidance on 'Ensuring Choice of Travel'. The general layout plan details each property with a minimum of 2 off street parking spaces, which in this location is considered acceptable. An electric vehicle charging point for each dwelling at a parking space will also be provided.

Accident Statistics

A review of Personal Injury Accident (PIA) data for the most recent three year time period available, has revealed that there have been three accidents, all of which were classed as slight. The details and contributory factors involved in these accidents surmises that the accidents were predominantly caused by poor driver behaviour and the records do not demonstrate any discernible pattern of incidents that could be affected by the development proposals.

The applicant has indicated that it is logical that there is a reduction of the speed limit across the frontage of the site. Due to the introduction of a new access off Waddicar Lane it is agreed that reducing the speed limit would mitigate the possibility of speed related accidents and be beneficial in highway safety terms. As such, the existing Traffic Regulation Order imposing speed restrictions should be altered such that the 30 mph limit should commence at 300m north of the site. The amendments to the Order and the road markings and signage will be wholly at the applicant’s expense.

A Framework Travel Plan for the site has been submitted and in principle is acceptable. A full travel plan will be required prior to occupation of the development. This will be secured by condition.

In view of the above, there is no objection in principle to the proposal on highways grounds.

Flood Risk and Drainage

The site is within flood zone 1. A sequential and exception test is not required. There are some areas at risk of surface water on the site. The Lead Local Flood Authority (LLFA) is aware of the history of surface water flooding affecting properties to the south west of the development proposal. The proposed development must consider how the existing flood risk can be substantially reduced and how future risks be are mitigated.

Local Plan Policy EQ8 (part 7a) sets out that for greenfield sites, surface water run-off rates and volumes should not exceed the current run-off rates following development.

The proposals include a drainage scheme for the site. This includes an on-site drainage pond in the south west corner of the site. Following concerns from the Lead Local Flood Authority the details of the drainage pond were amended. The site is 6 hectares and the given discharge rate of surface water for a greenfield site (i.e. what is currently coming off the field in an uncontrolled rate) is 5 litres per second, giving a total discharge rate of 30 litres/second. However, with the improvements that have been secured within the proposal we have been able to secure a lower discharge rate of 22.5l/s, a 25% reduction. A validation report will be secured by condition that requires confirmation that the drainage scheme has been implemented as proposed and functions as proposed.

The drainage pond is expected to have 30cm of standing water in at most times. To ensure this is safe for young children a fence will be provided around the drainage pond. The fence is a hooped metal fence and will be 1.2m high.

There were a number of concerns regarding the long term management of the drainage pond on the site. The Council will not be expected to take any role in the long term maintenance of this asset. United Utilities have confirmed that they will adopt the sustainable drainage system. The long term management of this, whether United Utilities or a subsequent management company, will be secured through a section 106 legal agreement.

Foul and surface water shall be drained on separate systems. This will be secured by condition.

The drainage appraisal plan shows the indicative proposed finished floor levels of the homes and the existing elevations of the site. This show that the finished floor level of the proposed homes will be broadly similar to the levels on the site and, if secured, will enable the drainage scheme to be implemented. Conditions will be used to verify what the final finished floor levels of the new homes and the site elevations will be.

Bellway had offered an additional proposal to add a 50cm bund around the drainage pond to the west and south. However, this would require the diversion of the current footpath number 3. As this is a Public Right of Way its diversion would be subject to a separate statutory process. Whilst this would provide additional protection from flooding, the Lead Local Flood Authority has confirmed that it is not necessary.

Notwithstanding the drainage proposal being acceptable, the applicant has agreed, that when making improvements to the footpath they will incorporate a small barrier to prevent the surface water flow across the path eastwards to Waddicar Lane. The barrier would consist of a small part of the path to be raised by no more than 30-50cm to create a platform, with shallow ramps on each side to continue to allow pedestrian/cyclists easy access. The platform can be tilted to direct the surface water into the brook and/or the drainage pond. Details of the path to be approved by the Council will be secured by condition.

Furthermore the applicant has, as a gesture of goodwill, agreed to fit a debris screen on the head of the culvert (to the south of 142 Waddicar Lane) to help alleviate the existing flooding concerns. This is outside the planning application area.

Design and Character

The proposal provides a mixture of primarily two storey detached and semi-detached housing with good sized plots, parking to the front, a number of separate garages and appropriate landscaping throughout. In this regard the proposal fits in with the character of the existing housing areas to the south and east and is considered appropriate to its location. The materials to be used in the proposal are red brick and grey tile. A number of the homes have rendering or Tudor boarding detailing. The mixture of external finishes within the scheme helps to improve the streetscene by introducing an interesting contrast within a row of homes. The boundary treatments within the proposal (i.e. fences and walls) use a mixture of timber, brick and metal railings. These are considered appropriate. These details will be secured by condition.

Impacts on Local Services

Melling village has its own primary school. However, this is over-subscribed and, in combination with other proposed development in the local area, it is necessary to increase the number of primary school places in the local area. The applicant is therefore required to make a financial contribution to local primary school provision. This will be secured on a pro rata basis at £2129.15 per home (2018/19 prices). This will be secured through a Section 106 legal agreement.

Pupils from Melling generally attend secondary schools in the Maghull area. This is expected to continue and there is considered sufficient capacity at secondary schools in Maghull to accommodate any increase in pupil numbers as a result of this, and other developments, in the local area.

Melling has a GP surgery which opens for part of the week. This surgery is part of a larger practice group, the ‘parent’ surgery being at Towerhill, Ebony Way, Kirkby. Contact with the practice group has confirmed that they are currently accepting new patients and that registered patients can make appointments at either surgery if available. In any case the number of residents who will need to register with a new GP will not be known until the homes are occupied.

The village has a post office/general store, chemist and a public house.

Open Space and public rights of way

As the proposal is for fewer than 150 homes and within 2 kilometre of an existing park, there is no requirement to provide an area of new open space on site. However, the proposal does include an area of open space of 1.2ha. Whilst much of this open space will accommodate a drainage pond (see above) about a third will be left open and landscaped. The long term management of the open space on the site will be secured by condition. Furthermore, the applicant has agreed to contribute £50,000 to the improvement of the nearby Rainbow Park. This will be secured through a section 106 legal agreement.

The southern edge of the site includes an existing footpath which links Marc Avenue to Waddicar Lane (Melling Path Number 3). This is currently in a poor state and access to it from Marc Avenue is via a low broken wall. This path is to be improved as part of the proposal. An improved access from Marc Avenue for pedestrians is also to be provided, as is a new entrance from the development into Rainbow Park. A path from the new park entrance through the park to the existing play equipment will also be secured. These additional and upgraded paths will help provide improved access from Melling to the wider countryside and help connect the new development to the village and its facilities.

Crime and anti-social behaviour

A number of residents have raised concerns about anti-social behaviour in the vicinity of the proposal. The fear is that the improvement of the paths in the area, and the new access to the park, would make the anti-social issues worse. Discussion with the Police Architectural Liaison Officer (ALO) has confirmed that, whilst the proposal is in an area of low crime and medium anti-social behaviour instances, the application would benefit from the inclusion of anti-vehicle barriers to each of the pedestrian/cycle access points. This would prevent scrambler bikes accessing the site. These will be secured by condition. Otherwise, the Police ALO considers that improving the existing path (Melling number 3) and having this overlooked by new dwellings would help provide informal surveillance and make the area more secure.

Whilst it is not considered necessary to divert the Melling Number 3 path in determining this proposal, this does not preclude a future application to divert the path from being pursued. This can be done separately and the decision to divert the path, or not, will not affect this proposal.

Contamination

Topsoil samples were screened for asbestos and the presence of asbestos fibres were identified in one sample. The description of the topsoil for this sample does not differ significantly from the other sampling locations and it is considered to be anomalous considering the agricultural use of the site. The consultants who undertook the assessment have recommended localised excavation, validation and disposal of topsoil of the sample in which asbestos fibres were detected. This should be done prior to any stripping, movement or disturbance of the topsoil material, and will need to be supervised and validated by a suitably experienced engineer. This will be secured by condition.

Air Quality

A detailed Air Quality Assessment has been submitted in support of the application. The assessment models the future impact on air quality should the proposal go ahead. The modelling has been undertaken in accordance with current guidance and standards and utilises data from 3 of Sefton’s monitoring sites to verify the model.

The model concludes that the development will not have a detrimental impact on air quality and levels of air quality emissions will remain well below government national air quality standards.

The control of dust through construction activities has been included in the Construction Environmental Management Plan. This is secured by condition.

In view of this there is no objection to the proposal on air quality grounds.

Landscaping

The proposal is supported by soft and hard landscaping proposals which will provide an appropriate landscaping scheme for the residential use of the site. The landscaping is also appropriate given that the site is at the edge of the open countryside. The hard and soft landscaping plans will be secured by condition.

Ecology

Due to the development’s potential impact on the designated European nature sites, this proposal required a Habitats Regulations Assessment for likely significant effects and Local Plan Policy NH2 applies. Merseyside Environmental Advisory Service have reviewed the proposal and considered the possibility of likely significant effects under the Habitats Regulations using the ‘source-pathway-receptor’ model. They advise there are pathways that could give rise to likely significant effects on the European sites, however, the following mitigation measures can reduce these to ‘less than significant’:

 Mitigation proposed as part of the development includes 1.24ha of public open space, works will improve local access to areas of public open space and the Public Right of Way adjacent to the site;  Erection of Heras fencing to be fitted with visual screens will reduce visual disturbance; and  A leaflet to be included as part of a sales pack will inform new residents of the presence and importance of the European sites, and how residents can help protect them.

These will be secured by condition and their implementation will mean a more detailed Habitats Regulations Assessment report is not required.

Habitats on site or adjacent to the site may provide roosting, foraging and/or commuting habitat for bats, which are protected and Local Plan policy NH2 applies. Lighting for the development may affect the use of these areas. A lighting scheme can be designed so that it protects ecology and does not result in excessive light spill onto the areas in line with National Planning Policy Framework (paragraph 125) and in line with the ecology report. An informative will be included to make the developer aware of design considerations for the lighting proposals.

The brash to the east of the site may provide locations that amphibians, reptiles and hedgehog use to hibernate. This brash must be removed by hand to avoid harm to any hibernating animals. This has been addressed in the Construction Environmental Management Plan. In addition, many of garden fences have been designed incorporate 10cm x 10cm gaps to allow for continued use of the site by hedgehogs. These details will be secured by condition

Other issues

The impact on local prices is not an issue that can be considered in this application. The loss of agricultural land has been accepted by the Local Plan Inspector in allocating the site for housing. There is no risk from electric cables on the site.

Conclusions

The principle of residential development on this site has already been established through the allocation of the site in the Sefton Local Plan. The proposal will secure 149 homes, of which 44 of these will be affordable. There will be a mix of 2, 3 and 4 bedroomed homes within the 105 market homes which will provide a good range of housing for sale to meet identified local need. Over 20% of the homes will be designed to meet a higher standard of accessibility and adaptability. It is considered the layout and design of the scheme will provide a good quality living environment for new and existing residents in the village.

The proposal will help support local services and facilities, and improvements or contributions will be secured towards local transport, open space and education. Each home will have access to allocated parking spaces, each with an electric vehicle charging point. A package of highways measures are being secured to help ensure highway safety and improve accessibility for pedestrians and cyclists.

The drainage on the site is being designed to reduce surface water run-off within and off the site and the long-term management of the drainage pond is also to be secured. The scheme includes features that will mitigate or improve the ecological value of the site.

Any concerns in relation to the loss of agricultural land, loss of view and some minor reductions in interface distances are clearly and greatly outweighed by the significant benefits of the proposal.

Overall it is considered the proposal offers a good quality development which will meet local housing needs, making a valuable contribution to Sefton’s housing supply.

Recommendation: Approve with conditions subject to the completion of a Section 106 Agreement securing the following:

Affordable Housing; Accessible and Adaptable Homes; Education Contributions; contribution to the improvement of Rainbow Park; and payment for new bus stop on Waddicar Lane

Conditions

General Conditions

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

Reason: To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.

2. The development hereby granted shall be carried out strictly in accordance with the following details and plans:

Location Plan LP01 RevA (Received 20 December 2017) Planning Layout PL01 RevE (Received 15 March 2018) House Type Range BHNW025/HT Rev D (Received 13 April 2018) Boundary Treatment Plan BT01 Rev E (Received 21 May 2018) Fencing Detail: 1.8m High Brick Piers with Arched Timber Screen on Dwarf Wall (Received 10 April 2018) Fencing Detail: 0.9m High Post and 2 Rail Fence (Received 10 April 2018) Fencing Detail: 900mm to 1.8m High Hoop Top Railings (Received 10 April 2018) Fencing Detail: 1.8m High Close Boarded Timber Fence (Received 10 April 2018) Soft Landscaping Proposals (SHF.1154.004.L.D.001.C, SHF.1154.004.L.D.002.C, SHF.1154.004.L.D.003.C, SHF.1154.004.L.D.004.C, SHF.1154.004.L.D.005.C) (Received 24 April 2018) Hard Surfacing Layout HS01 Rev D (Received 15 March 2018) Materials Layout ML01 Rev D (Received 15 March 2018) Drainage Appraisal Plan Revision I 20/02/2018.

Reason: To ensure a satisfactory development and to ensure affordable housing pepperpotting and housing type mix accords with Policies H1 and HC2 of the Local Plan respectively.

3. Notwithstanding the details show on the approved plans, no final finish to any external elevation shall be applied unless it has previously been agreed with the Local Planning Authority.

Reason: To ensure that the finishing to external elevations is to the satisfaction of the Local Planning Authority.

4. The programme of archaeological work shall be carried out in strict accordance with the following scheme:

Written Scheme of Investigation for an Archaeological, Strip, Map and Record exercise at Waddicar Lane, Melling (February 2018), L-P Archaeology

Reason: To protect the archaeological interests of the site in accordance with the National Planning Policy Framework, Managing Significance in Decision Taking in the Historic Environment, Historic Environment Good Practice Advice in Planning: 2 (Historic England 2015) and Local Plan Policies NH9 & NH15.

Pre-commencement

5. a) Unless otherwise agreed in writing by the Local Planning Authority, the development shall not be commenced until a detailed scheme of the following highway improvement works together with a programme for the completion of the works has been submitted to and approved in writing by the Local Planning Authority:

 Provision of flush kerbs and tactile paving at the junction of Waddicar Lane and Rainbow Drive.  Alterations to the dwarf boundary wall at Marc Avenue to provide flush access for pedestrians.  Alterations to Melling No.3 including surfacing, an increase of the width to 2 metres and measures to help reduce surface water flooding along the path from the east.  Provision of Public Right of Way barriers (Drawing No. BH/NW/WL/PB/01) at each pedestrian/cyclist only entrance to the development site  Alterations to the Waddicar Lane South Bound pavement to facilitate a new bus stop near the entrance of the proposed development  Traffic Regulation Order - Amend existing Traffic Regulation Order (TRO), to alter the location of the commencement of the 30mph speed restriction to the Waddicar Lane. The TRO will be supported by the appropriate signage and count down road markings. b) No part of the development shall be brought into use until the required highway improvement works have been constructed in accordance with the details approved under (a) above.

Reason: In the interests of highway safety.

6. No construction shall commence on site until a strategy and method statement for minimising the amount of construction waste resulting from the development has been submitted to and approved in writing by the Local Planning Authority. The statement shall include details of the extent to which waste materials arising from the construction activities will be reused on site, and demonstrating that as far as reasonably practicable, maximum use is being made of these materials. If such reuse on site is not practicable, then details shall be given of the extent to which the waste material will be removed from the site for reuse, recycling, composting or disposal. All waste materials shall thereafter be reused, recycled or dealt with in accordance with the approved strategy and method statement.

Reason: To ensure appropriate waste management and recycling measures.

7. a. Prior to the commencement of development, full details of the Heras fencing and visual screens to be erected along the northern boundary of the site shall be submitted and agreed in writing with the Local Planning Authority. b. The details approved under (a) shall be implemented throughout construction and removed sequentially as properties long the northern boundary are occupied.

Reason: To reduce impact on non-breeding birds.

During Construction

8. The development shall be constructed in accordance with the Construction and Environment Management Plan (Bellway and Ascerta) April 2018, received 27 April 2018

The approved Construction and Environment Management Plan shall be adhered to throughout the construction period.

Reason: To safeguard the living conditions of nearby occupiers during the construction period.

9. During the site preparation and construction activities there shall be no machinery, plant or power tools used outside the hours of 08:00 to 18:00 Monday to Friday, 08:00 to 13:00 on Saturday and there shall be no construction activities to be carried out on Sundays or Bank Holidays.

Reason: In the interest of residential amenity.

10. The bat and bird boxes shall be provided in the locations shown on the Drawing Number P.342.13.07 Rev B (Received 4 April 2018) prior to the completion of the development.

Reason: To safeguard conservation of species/ habitats

Pre-occupation

11. Prior to the construction of external elevations above finished floor level (FFL) of dwellings on each of the following groups of plots, the finished floor levels shall be subject to a topographical survey to be submitted to and approved in writing by the Local Planning Authority;

 Group 1 – Plot nos. 44-50 inclusive  Group 2 – Plot nos. 51-54 inclusive  Group 3 – Plot nos. 138-143 inclusive  Group 4 – Plot nos. 144-149 inclusive

The results of these surveys shall confirm that the FFL of those plots are constructed to the levels on the Drainage Appraisal Plan Revision I 20/02/2018 and no further construction above FFL of external elevations of dwellings on those plots shall take place until approval is given as required above.

In the event that the submitted surveys fail to confirm the FFL correspond to the levels as approved, or are not within 100mm of those levels, a new planning application(s) shall be submitted for those plots to which the variation relates.

Reason: This matter is fundamental in order to safeguard the living conditions of nearby occupiers and to safeguard the character and appearance of the area.

12. Prior to occupation, electric vehicle charging points on each dwelling shall be installed and operational in accordance with the Electric Vehicle Charging Point Plan (BH/NW/WL/EVCP/01) (received 3 April 2018). The approved infrastructure shall be permanently retained thereafter.

Reason: To ensure that the development is sustainable and helps reduce greenhouse emissions in accordance with Policy EQ7 of the Sefton Local Plan.

13. a) A scheme of works for the proposed vehicular and pedestrian access shall be submitted to and approved in writing by the Local Planning Authority. b) No part of the development shall be brought into use until a means of vehicular access to the site/development has been constructed. These works shall be in accordance with the scheme approved under (a) above.

Reason: In the interests of highway safety.

14. No part of the development shall be brought into use until visibility splays of 2.4 metres by 40 metres at the site access at Waddicar Lane and 2.2 metres by 22 metres at internal junctions have been provided clear of obstruction to visibility at or above a height of 0.6 metres above the carriageway level of Waddicar Lane. Once created, these visibility splays shall be maintained clear of any obstruction and retained for their intended purpose at all times.

Reason: In the interests of highway safety.

15. No part of the development shall be brought into use until areas for vehicle parking, turning and manoeuvring have been laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and these areas shall be retained thereafter for that specific use.

Reason: In the interests of highway safety.

16. a) No part of the development shall be occupied until a Full Travel Plan has been submitted to and approved in writing by the Local Planning Authority. b) The provisions of the Full Travel Plan approved under (a) above shall be implemented and operated in accordance with the timetable contained therein unless otherwise agreed in writing with the Local Planning Authority.

Reason: In the interests of highway safety.

17. The development hereby permitted by this planning permission, including all components of the sustainable drainage system, shall be carried out in accordance with the approved Drainage Appraisal Plan Revision I 20/02/2018.

The approved scheme shall be fully constructed prior to occupation in accordance with the approved details, phasing and timetable embodied within the approved Sustainable Drainage Strategy, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority in consultation with the Lead Local Flood Authority.

Reason: To ensure satisfactory sustainable drainage facilities are provided to serve the site in accordance with the Paragraph 103 of the National Planning Policy Framework, House of Commons Written Statement 161 for Sustainable Drainage Systems, and Policy EQ8 in the Local Plan.

18. Each dwelling should be fitted with the glazing and ventilation specification as detailed in Appendix D of Noise Assessment LE14134 Job No. 005 (March 2018).

Reason: In the interests of amenity for future occupants.

19. Prior to the occupation of each dwelling, a leaflet informing new residents of the presence and importance of the European Sites (for habitat and species) and how residents can help protect them, shall be provided as part of the sales pack.

Reasons: To help protect habitat and species 20. Prior to any stripping, movement or disturbance of the topsoil material, a letter report shall be submitted to the Local Planning Authority, including results of validation testing, as soon as reasonably practicable following the excavation, validation and disposal of the topsoil from the locality at TP12 in accordance with the Supplementary Geoenvironmental Appraisal (Ref: 4837- G-LR002). This shall be supervised and validated by a suitably qualified geoenvironmental engineer.

Reason: To confirm the removal of topsoil from this location and the removal of any asbestos.

21. No part of the development shall be occupied until a scheme of works to clear and desilt the ditch to the south of the site has been submitted to and approved in writing by the Local Planning Authority. This should include a timetable for the works, and include proposals for its long term maintenance and management.

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

22. Prior to the occupation of dwellings on the following group of plots, cross sections based on a topographical survey of the level of rear gardens, adjacent highways and other public areas adjacent to the plots as completed shall be submitted to and approved in writing by the Local Planning Authority:

 Group 1 – Plot nos. 44-50 inclusive  Group 2 – Plot nos. 51-54 inclusive  Group 3 – Plot nos. 138-143 inclusive  Group 4 – Plot nos. 144-149 inclusive

The results of these surveys shall confirm that the levels of those plots and adjacent areas are constructed to the levels on the Drainage Appraisal Plan Revision I 20/02/2018.

In the event that the submitted surveys fail to confirm the levels correspond to the levels as approved, or are not within 100mm of those levels, a new planning application(s) shall be submitted for those plots to which the variation relates.

Reason: This matter is fundamental in order to safeguard the living conditions of nearby occupiers and to safeguard the character and appearance of the area.

23. Prior to the occupation of dwellings on the following group of plots, a validation report demonstrating that the drainage scheme has been carried out in accordance with the approved plan shall be submitted to and approved in writing by the Local Planning Authority.

 Group 1 – Plot nos. 44-50 inclusive  Group 2 – Plot nos. 51-54 inclusive  Group 2 – Plot nos. 138-143 inclusive  Group 3 – Plot nos. 144-149 inclusive

The approved works shall be retained as such thereafter.

Reason: To ensure adequate provision is made for the management of surface water and sewage disposal.

24. a) Prior to the occupation of the first dwelling a timetable for the implementation of the hard and soft landscaping scheme hereby approved shall be submitted to and approved in writing by the Local Planning Authority. b) The hard and soft landscaping will be implemented in accordance with the approved timetable under (a) above unless otherwise agreed in writing by the Local Planning Authority. c) Any trees or plants that within a period of five years after planting, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective shall be replaced with others of a species, size and number as originally approved in the first available planting season unless the Local Planning Authority gives its written consent to any variation.

Reason: In the interests of visual amenity.

Ongoing Conditions

25. Foul and surface water shall be drained on separate systems.

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

26. The management and maintenance of the Sustainable Drainage System shall be carried out by an appropriate statutory undertaker or management company in accordance with the following:

 SUDs Management and Maintenance Plan – Land off Waddicar Lane (Received 21 May 2018)

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

27. Within nine months of the commencement of the development, a detailed scheme and timetable for the delivery, management and maintenance of the area of public open space shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the public open space shall be provided, managed and maintained in accordance with the approved details for the duration of the development.

Reason: To ensure that the public open space is managed and maintained.

Informatives

1) If piling is proposed in the foundation detail the developer is encouraged to speak with the Pollution Control Team before undertaking piling activities to ensure that current guidance is followed.

2) For the avoidance of doubt, this approval does not grant the applicant permission to carry out work to/within or connect to the ordinary watercourse(s).

The grant of planning permission by the Local Planning Authority does not mean that Land Drainage Consent will then be given. Where required, the applicant must obtain Land Drainage Consent from Sefton Council's Lead Local Flood Authority before starting any works on site. Failure to do so may result in enforcement action.

3) The applicant is advised that the proposal will require the formal allocation of addresses. Contact the Highways Development Control Team on Tel: 0151 934 4175 to apply for a new street name/property number.

4) The applicant is advised that all works to the adopted highway must be carried out by a Council approved contractor at the applicant's expense. Please contact the Highways Development and Design Team on 0151 934 4175 for further information.

5) There will be a requirement for the applicant to enter into a s278 Highways Act 1980 Legal Agreement to facilitate the works on the adopted public highway and a s38 Highways Act 1980 Legal Agreement to have the proposed new carriageways and footways within the development adopted by the Council. Please contact the Highways Development and Design Team 0151 934 4175 for further information.

6) Advice on the production and implementation of the Full Travel Plan can be obtained from the Strategic Transport Policy and Investment Team on 0151 934 4668.

7) The position of the works for the replacement bus stop should be discussed with the Council's Highway's Team, who will liaise with Merseytravel.

8) The applicant is advised to refer to the document Bats and Lighting in the UK, Bats and the Built Environment Series, Bat Conservation Trust and Institute for Lighting Engineers in respect to designing a lighting scheme which would not harm the habitats of foraging and commuting bats. If there is any future pruning or removal of trees, this will require a bat roost assessment prior to commencement of works

9) Access for fire appliances should comply with the requirements of Approved Document B5 of the Building Regulations. Water Supply for fire-fighting purposes should be risk assessed in accordance with the undermentioned guidance in liaison with the water undertakers (United Utilities - 0161 907 7351) with suitable and sufficient fire hydrants supplied.

Housing developments with units of detached or semidetached houses of not more than two floors should have a water supply capable of delivering a minimum of eight litres per second through any single hydrant. Multi occupied housing developments with units of more than two floors should have a water supply capable of delivering a minimum of 20 to 35 litres per second through any single hydrant on the development.

The premises should comply with Section 55 of the County of Merseyside Act 1980