Report to: PLANNING COMMITTEE Date of Meeting: 25th March 2020

Subject: DC/2019/02194 Lydiate Barn Garden Centre and Nurseries, Road Lydiate, L31 4EE

Proposal: Variation of condition 2 attached to planning approval DC/2018/00898 dated 19/12/2018 - to revise the overall site layout and house types.

Applicant: Miss Christine Burgum Agent: Mr Matthew McGovern Beaumonde Homes Keith Davidson Partnership Architects

Ward: Ward Type: Variation of condition

Summary

The proposal seeks to amend the layout and house types of an approved development comprising 7 dwellings. It has been submitted alongside an application for an additional dwelling towards the front of the site which is also on the agenda for this Planning Committee.

The main issues to consider are the impact on the openness of Sefton’s Green Belt and matters relating to design, access and highway safety. In conclusion it is considered that there would be no greater impact on the openness of the Green Belt than the previous greenhouse and that the application is acceptable in all other respects. The proposal complies with adopted local and national policy and is recommended for approval.

Recommendation: Approve with Conditions

Case Officer Steven Healey

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=Q1BD6MNWH4R00 Site Location Plan The Site

The application site comprises the former Lydiate Barn Garden Centre and Nurseries to the west of Southport Road, Lydiate.

History

Planning permission was granted in December 2018 for the ‘erection of 3 bungalows and 4 two storey detached dwellings following demolition of former garden centre’ (reference DC/2018/00898). Planning permission was refused in October 2019 for the erection of five further dwellings within the western part of the wider garden centre site (DC/2019/00674).

Consultations

Environmental Health Manager No objection, the phase 2 ground investigation provided is acceptable. Conditions recommended as per original application.

Flooding and Drainage Manager No objection.

Highways Manager No objection. The proposed access from Southport Road remains unaltered from the original application and will have a 5.5m wide carriageway and a 2m wide footway on both sides. This arrangement continues up to plot 3, where it will be a 5.5m wide carriageway and a 2m wide footway on one side. Conditions recommended as per original application.

Local Plans Manager No comment.

Merseyside Environmental Advisory Service No objection. Conditions recommended as per original application.

Merseyside Fire and Rescue Service No comment received.

Natural No comment received.

Tree Officer No objection. Neighbour Representations

Application called-in alongside DC/2019/02098 by Cllr O’Hanlon.

Objections received from two addresses on Southport Road on the grounds of the farm track being located closer to existing neighbours resulting in future noise and disturbance associated with tractors etc, possible subsidence due to vibration, loss of privacy and overlooking of dwellings, fence line brought forward on plot 1 resulting in overlooking also, dwellings are larger than approved, difficulty in accessing existing neighbouring buildings, right of way on plans is inaccurate and should be amended to reflect true right of way. Concerns also raised over work having started on site.

Policy Context

The application site lies within an area designated as Green Belt in the Sefton Local Plan which was adopted by the Council in April 2017.

The Lydiate Neighbourhood Plan was ‘made’ (i.e. adopted) on 24th January 2019 and carries full weight in decision making.

Assessment of the Proposal

The proposal seeks to amend the layout of the approved development and design of house types. The main amendments sought are to incorporate a right of way through the centre of the site, reposition the field/paddock access road, fell trees to facilitate installation of a septic tank, repositioning and orientation of some dwellings.

The main issue to consider is the impact on the openness of the Green Belt, design and character and matters relating to access and highway safety.

Approved Layout Proposed Amendments Example of Approved House Type Proposed Amendements

Principle of Development within Green Belt

The application site is located within Sefton’s Green Belt subject to chapter 13 of the National Planning Policy Framework and adopted Local Plan policy MN7. The original application was approved on the basis of the site constituting Previously Developed Land and the proposed development having no greater impact on the openness of the Green Belt than the former greenhouse. A balanced view was taken that while the development would be more dispersed than the greenhouse, the dwellings collectively would be smaller in footprint and volume.

The proposed amendments including re-positioning and orientating do not have any materially greater impacts on the openness of the Green Belt. There would be limited additional hardstanding given the widening of the access track at the rear of the site to an adoptable standard.

The house types while largely of similar design, form and appearance have been extended in parts. This has resulted in a total footprint take up of 873sqm and combined volume of 4,160m3 compared to 787sqm and 3,927m3 respectively as approved. Both remain substantially less than the 1,631sqm and 4,803m3 of the former greenhouse. The combined increased size of dwellings is relatively limited (11% and 6% larger respectively) and can be considered within the scope of a variation of condition application.

Within the context of Green Belt policy, an assessment of openness is not solely dependent on footprint and volume. Openness is defined as having both spatial and visual aspects. The accompanying Committee Report for the additional dwelling at the front of the site describes that while ‘surplus’ greenhouse volume and footprint may well remain, there is considered to be a greater impact on the openness of the Green Belt than the former greenhouse with 8 dwellings as there would be further dispersion of buildings and a greater visual impact from Southport Road.

The proposed amendments to the approved 7 dwellings are however not in themselves so substantial as to conclude there would be a greater impact on the openness of the Green Belt, thus the application remains appropriate development. Nevertheless, given these amendments it is considered reasonable and necessary to restrict permitted development rights for house extensions in order to provide a greater degree of control in to the future. Other Matters

Design and Character

The proposed dwellings would remain of a similar design to the approved house types with dormer bungalows towards the front of the site and two storey dwellings at the rear. They incorporate similar features, materials and as is detailed above do not have a significantly greater bulk or massing than the approved dwellings. It remains the case that the layout as a whole is relatively organic with adequate dispersal which reflects the rural character and density of the surrounding area. The proposal complies with the respective Local and Neighbourhood Plan design policies.

Access and Highway Safety

The access point remains as approved, and although it deviates within the development site now towards the south west corner, there is no longer any shared surface and the access road provides a carriageway and footway throughout to reflect the Council’s current standards.

Trees and Landscaping

Three trees are proposed to be removed to the north of the access, but only one is classed as having moderate value. The Tree Officer has raised no objection to this and there remains satisfactory planting within the development site to mitigate this loss. The right of way through the centre of the site is simply being retained after having been excluded from the approved development. There are no proposals in relation to new hardstanding and this there would be no adverse impacts on the trees which run adjacent to this right of way.

It is considered necessary to require a detailed landscaping scheme by condition to ensure satisfactory tree replacement and also clarify boundary treatments.

Living Conditions of Neighbours

Some dwellings have been repositioned on site. The dwelling on plot 5 is aligned with the boundary of 293 Southport Road whereas it had been angled to a small degree. The closest first floor window has been omitted from the proposed dwelling, now the closest first floor rear windows are 10m from the boundary which is considered acceptable and unlikely to cause significant harm through of loss of privacy to the large garden of number 293. The limited step forward of the fence line to plot 1 would not have an unacceptable impact on the living conditions of 303 Southport Road.

Concerns have been raised over the repositioning of a farm access track closer to existing residential properties and the associated noise and disturbance associated with tractors. There is no evidence to suggest that this would be utilised to an extent which would cause significant harm to residential amenity. The site historically operated with a more intensive use (garden centre) than would be expected of infrequent tractor movements. Furthermore, there are also other existing access points to these surrounding fields off Piling Lane. Concerns have also been raised over the possibility of vibration and subsidence. However, the access road would be constructed to the satisfaction of the Highways Manager and the infrequent passing of tractors and other vehicles is deemed unlikely to cause significant vibration resulting in land instability. Damage to property is ultimately a civil matter.

Right of Way

The proposal includes a right of way which was not accounted for within the approved development. Nevertheless, a neighbouring resident claims this is inaccurate and has provided a deed showing the existing right of way traversing what would be the rear gardens of plots 2 and 3. This is not a public right of way, and thus as a private legal matter cannot be considered in assessing the planning application.

Access to property and ownership is also not a material planning consideration which has been raised in neighbour objections in relation to accessing side elevations of existing building to carry out repair work.

Notification

The application was originally described as ‘Variation of condition 2 attached to planning approval DC/2018/00898 dated 19/12/2018 - to revise the overall site layout’ although within the submitted plans it was clear that minor alterations had also been carried out to the internal and external design of dwellings. For clarity the description was amended to ‘Variation of condition 2 attached to planning approval DC/2018/00898 dated 19/12/2018 - to revise the overall site layout and house types’ and neighbouring properties were re- notified accordingly.

Works on Site

The Council has visited the development site which has confirmed that development has commenced and advised the applicant to cease works until details required by pre- commencement condition have been agreed. These have been submitted to the Council under reference DC/2019/01657.

Conditions

Given construction has ceased and the pre-commencement conditions are in the process of being reviewed (and would need to be revised in order to reflect this proposal as opposed to the approved scheme), it considered reasonable to re-attach conditions in relation to drainage and contaminated land, amongst others, with time limits.

The original condition 3 (drainage scheme) makes reference to a now superseded outline strategy. A more standard condition is recommended omitting reference to the strategy and requiring the submission of a full sustainable drainage scheme – now under condition 2.

The original condition 5 (site investigation and assessment of contaminated land) is no longer necessary as a satisfactory Phase 2 report has been provided.

Conclusion

The proposal would not have a greater impact on the openness of the Green Belt than the previous greenhouse located on site, and the proposed dwellings are not substantially larger than approved. The proposal is acceptable in design terms and would not harm the living conditions of neighbours. Subject to conditions in relation to environmental protection and highways being ‘carried over’ from the existing permission the proposal is considered acceptable and to comply with adopted local and national policy.

Recommendation - Approve with Conditions

Conditions

This application has been recommended for approval subject to the following conditions and associated reasons:

1) The development hereby granted must be carried out strictly in accordance with the following details and plans:-

- Location Plan (Drawing 1562 PL 001) - Proposed Site Plan (Right of Way) (201 Rev A) - House Types 1, 2, 3 (With and Without Carport), 4, 5 and 6 - Phase 1 Site Investigation Report (Report No R1/01 Issues 1) - Phase 2 Site Investigation Report (19-09-04 Rev 1) - Preliminary Ecological Appraisal (9th April 2018) Issue 1.0 - Tree Survey, Arboricultural Implications Assessment & Method Statement (19609/A1_AIA_Rev.A) - Highways Assessment Technical Note (12 July 2018) (067128/TN) - Geological Mineral Assessment Report (Report 3476R02/01)

Reason: To ensure a satisfactory development

2) Within 2 months of the date of this permission detailed plans and particulars of a sustainable drainage system, in the form of a ‘Confirmed/ Final’ Sustainable Drainage Strategy, for the management and disposal of surface water from the site shall be submitted to the Local Planning Authority for approval in writing. The drainage system shall be implemented, managed and maintained in accordance with the approved details.

Reason: To ensure satisfactory drainage facilities are provided to serve the site. 3) Within 2 months of the date of this permission a Construction Traffic Management Plan shall be submitted to the Local Planning Authority for approval in writing. The provisions of the approved Construction Traffic Management Plan shall be implemented in full during the period of construction.

Reason: In the interests of highway safety.

4) Within 2 months of the date of this permission a detailed remediation strategy to bring the site to a condition suitable for the intended use by removing unacceptable risks and the relevant pollutant linkages identified in the approved investigation and risk assessment, must be prepared and is subject to the approval in writing of the Local Planning Authority. a) The strategy must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works, site management procedures and roles and responsibilities. The strategy must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 on completion of the development and commencement of its use. b) In the event that the proposed remediation scheme involves the provision of a ground cover system a plan indicating the existing and proposed external ground levels on the application site shall be submitted for approval to the Local Planning Authority. c) The development shall proceed in accordance with the external ground levels approved under (b) unless the Local Planning Authority gives its prior written approval to any variation.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised.

5) a) The approved remediation strategy must be carried out in accordance with its terms in accordance with a timetable to be agreed in writing with the Local Planning Authority. b) Following completion of the remedial works identified in the approved remediation strategy, a verification report that demonstrates compliance with the agreed remediation objectives and criteria must be produced and is subject to the approval in writing of the Local Planning Authority, prior to commencement of use of the development.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised.

6) Within 2 months of the date of this permission a landscaping scheme covering the land subject of this application shall be submitted to the Local Planning Authority for approval in writing, including: i) Existing and proposed levels or contours ii) Details of boundary treatments and hard surfaces iii) The location, size and species of all trees to be planted iv) The location, size, species and density of all shrub and ground cover planting

Reason: In the interests of visual amenity.

Pre-Occupation

7) No dwelling (with dedicated parking) shall be occupied unless and until an electric vehicle charging point for that dwelling has been installed and is operational in accordance with details that shall previously have been submitted to and approved in writing by the local planning authority. The approved infrastructure shall be permanently retained thereafter. All EV charging points shall be clearly marked as such and their purpose explained to new occupants within their new home welcome pack/travel planning advice.

Reason: To facilitate the use of electric vehicles and to reduce air pollution and carbon emissions

8) No dwelling hereby approved shall be occupied until details of full fibre broadband connections to all proposed dwellings within the development have been submitted to and approved in writing by the Local Planning Authority. The infrastructure shall be installed and be operational prior to occupation of any dwelling and shall be retained thereafter in accordance with the approved details.

Reason: To ensure fast broadband infrastructure for new dwellings and to facilitate economic growth.

9) No part of the development shall be brought into use until visibility splays of 2.4 metres by 43 metres at the proposed junction with Southport Road, have been provided clear of obstruction to visibility at or above a height of 0.6 metres above the carriageway level of Southport Road. 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.

10) No part of the development shall be brought into use until a detailed scheme of highway improvement works for the provision of the introduction of dropped kerbs and tactile paving on both sides of the access to the site at its junction with Southport Road; together with a programme for the completion of the works has been submitted to and approved in writing by the Local Planning Authority. The approved works must be completed before any of the dwellings are occupied and retained thereafter.

Reason: In the interests of highway safety.

11) 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.

12) Prior to the entering/exiting of any construction or other operation vehicles to and from the site, details of the proposed measures to ensure that mud and other loose materials are not carried on the wheels and chassis of any vehicles leaving the site and measures to minimise dust nuisance shall be submitted to and approved in writing by the Local Planning Authority. The approved provisions shall be adhered to at all times throughout the construction period.

Reason: In the interests of highway safety.

13) a) A scheme of works for the proposed vehicular and/or 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 and/or pedestrian 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 development shall commence above slab level until a scheme for protecting the proposed dwellings from traffic noise from Southport Road (A5147) has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the commencement of the use and retained thereafter.

Reason: In order to safeguard the living conditions of future occupiers.

15) Prior to the erection of any lighting, a light mitigation strategy, including measures to reduce light spillage onto foraging habitats for bats, shall be submitted to and approved in writing by the local planning authority. The approved mitigation strategy shall be implemented prior to occupation of any dwelling and thereafter retained in perpetuity.

Reason: To safeguard conservation of species/habitats.

16) The existing ornamental Pond shall be drained down in late autumn (from October to mid-November) when amphibians and their larvae are less likely to be present.

Reason: To safeguard conservation of species/habitats.

17) No trees shall be felled, no vegetation shall be cleared and no demolition shall take place during the bird nesting season (1 March – 31 August inclusive) unless the absence of nesting birds has been confirmed by a survey, which has been submitted to the local planning authority, and such works have been approved in writing beforehand by the local planning authority.

Reason: To ensure that wild birds building or using their nests are protected.

18) No dwelling shall be occupied until a scheme and appropriate scaled plan identifying suitable locations on the site for the erection of bird nesting boxes together with a timetable for implementation has been submitted to and approved in writing by the local planning authority. The approved scheme of nesting and bat boxes shall be installed in accordance with the approved details and timetable.

Reason: To ensure the conservation of wild birds.

19) The Existing Polytunnels shown within the blue boundary on Existing Site Plan (1562 PL002) shall be permanently removed prior to the occupation of any dwelling. Before the occupation of any dwelling, details of the replacement landscaping scheme for this area shall be submitted to and approved by the local authority. The landscape scheme shall be installed in accordance with the approved plans prior to occupation of plots 4-7 and retained thereafter.

Reason: To preserve and enhance the openness of the Green Belt.

Ongoing Conditions

20) a) In the event that previously unidentified contamination is found at any time when carrying out the approved development immediate contact must be made with the Local Planning Authority and works must cease in that area. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority. b) Following completion of the remedial works identified in the approved remediation strategy, verification of the works must be included in the verification report required by condition 5.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised.

21) The hard and soft landscaping scheme hereby approved under condition 7 must be carried out in full within the first available planting season following first occupation of development. 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.

Reason: In the interest of visual amenity. 22) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and/or re-enacting that Order with or without modification), no extension shall be erected to a dwelling unless expressly authorised.

Reason: In order to protect the openness of the Green Belt.